(NASHVILLE, TN), April 7, 2011 – The State Senate approved a wide range of bills this week, including a proposal to curb abuse of prescription pain pills, legislation to address illegal immigration, and several measures to benefit police officers across the state.   Meanwhile, Senate Committees reviewed 20 departmental or government agency budgets as members examined the 2011-12 proposal submitted by Governor Bill Haslam.  The budget proposal reflects the administration’s efforts to deal with the state’s current budget crunch, while working towards reforming education and making our economy stronger to welcome new jobs to Tennessee. 

Career Coaches -- On the job growth front, Governor Haslam, Lt. Governor Ramsey and other Republican leaders unveiled three vehicles designed to improve outcomes for those looking for work. Three “Career Coaches” have been customized with 10 computer workstations with Internet access, printers, fax machines, and flat screen TV’s with SMART Board overlays to facilitate classroom instruction. The intent of these roving offices is to bring job matching and training to rural communities that have limited access to a Tennessee Career Center.

"They say if you give a man a fish you can feed him for a day but if you teach that man to fish you can feed him for a lifetime,” Lieutenant Governor Ron Ramsey said.  “Many of our citizens, especially rural Tennesseans, are in desperate need of the tools necessary to compete in an increasingly intimidating global marketplace. These mobile career centers will provide a much needed lifeline to our state's most vulnerable jobseekers."

The vehicles will be based in Huntingdon, Nashville and Knoxville in order to cover all areas of the state. Each mobile unit will be staffed with specialists trained in career counseling. They will conduct frequent workshops in résumé preparation, job search skills, and interviewing skills. The department’s division of Adult Education will also utilize the vehicles for enrollment pre-and post-testing, orientation, administering the Official GED Practice Test, and offering GED Fast Track classes.

Curbing prescription drug abuse -- In Committee action this week, State Senator Ken Yager (R-Harriman) won passage of legislation in the Senate General Welfare, Health and Human Services Committee designed to curb the abuse of prescription drugs at pain clinics in Tennessee.  Yager said the bill is a result of “the efforts of the Tennessee Medical Association, in concert with the Tennessee Nurses Association and the Academy of Physicians Assistants, to regulate their own industry in order to allow pain clinics to better serve their patients.” 

“We have a very serious problem in this state with the overutilization of pain medications,” said Senator Yager.  “This bill allows the professional groups to work together to regulate the operation of these clinics in this state in a framework that will allow legitimate pain clinics to serve their patients, while tightening the control to help curb the abuses that we are experiencing.”  

Tennessee ranks second in the nation in regard to the overutilization of prescription pain medications, having exceeded the national average for controlled substance use for many years.  A national report conducted by the U.S. Substance Abuse and Mental Health Services Administration showed that pain reliever abuse nationwide was involved in almost 10 percent of admissions for treatment of teenagers and adults, up from two percent in the previous study a decade ago.  The study shows that Southern states reported the highest numbers, and the rise was especially pronounced among young adults ages 18 to 34.  It noted that roxicodone or oxycodone can be more easily obtained than heroin in the South.

Senate Bill 1258, as amended, would require all pain clinics in Tennessee to obtain a certificate by the Department of Health.  The Commissioner of Health, in consultation with the Boards of Medical Examiners, Osteopathic Examination, Nursing, and the Committee on Physician’s Assistants, would promulgate rules necessary to operate these clinics.  They would also have the authority to examine pain clinics, their staff and patient records, to ensure compliance with those rules.  This includes the ability to investigate complaints or violations.  Under the bill, the respective boards would be authorized to take action against violators.

The bill would require pain clinics to operate under the supervision of a duly licensed medical director who must spend at least one day per week on site.  In order to assure a paper trail is created to ensure transparency for all transactions, the bill prohibits cash payments for services, except when a third party payer is billed.  Finally, the measure establishes that a paid management facility may not be owned by a person convicted of a felony.  It also applies to those convicted of a misdemeanor, when the facts are related to the distribution of illegal prescription drugs or a controlled substance. 

“This bill is a very good starting point to begin to address the problems we face in Tennessee with overutilization and abuse of prescription pain killers,” added Yager.  “I am optimistic about the bill’s chances for passage and believe it will make positive changes to curb abuse of these drugs.”

E-Verify bill overcomes first hurdle in Senate with approval of Senate Commerce Committee

The Senate Commerce Committee has voted 8 to 1 to approve legislation calling for Tennessee employers to use the E-Verify system to ensure that new hires are in the state legally.  The legislation, sponsored by Senator Jim Tracy (R-Shelbyville), is the first in a three-pronged approach to combat illegal immigration in Tennessee.

“There are more than 140,000 illegal immigrants in Tennessee, with over 110,000 in the state’s workforce,” said Senator Tracy.  “This has far-reaching effects on our state, including an impact on employee wages, costs to schools, unpaid hospital expenses and the need for additional law enforcement resources, to name a few.  This bill asks businesses to take one simple step beyond the current I-9 requirements to verify a new hire is not in the state illegally by utilizing the E-Verify System’s Internet website or making a telephone call.”

E-Verify, an Internet-based system operated by the Department of Homeland Security in partnership with the Social Security Administration, allows participating employers to electronically verify the employment eligibility of their newly hired employees by entering their name and a social security number.  It is free to employers in all 50 states, including Tennessee where more than 4,000 businesses have voluntarily participated in the system.  The “E-Verify” system is 97.4 percent accurate. 

The legislation, Senate Bill 1669, would penalize businesses for hiring illegal immigrants with escalating consequences for repeated offenses.  It also provides a mechanism for small businesses without Internet access to call by telephone for verification assistance.  Under the bill, businesses would keep verification records for three years after the hire or one year after termination of the person’s employment.  It does not apply to those employed before the January 1, 2012 enactment date.

“We have worked very hard on this legislation to accommodate business concerns,” Tracy added.  “The result is a common-sense approach that makes verification as simple as possible, but still focuses on identifying those who are here illegally,” Tracy added. 

Federal contractors or subcontractors have been required to use E-verify since 2008 to determine employment eligibility of employees performing direct work.  Fifteen states, including five which are adjacent to Tennessee, require the use of E-Verify for public and/or private employers.  Another 25 states are considering similar legislation. 

The Tennessee General Assembly is also considering the “Lawful Immigration Enforcement Act” which calls for state and local law enforcement to determine the legal status of an individual in question in the course of a lawful stop and the “Eligibility Verification for Entitlements Act” which would give state agencies authorization to verify the lawful status of an alien in Tennessee before receiving any “non-emergency” public benefits.

Senate passes several measures regarding police officers, including “Blue Alert” bill

Several bills regarding police officers were approved in the State Senate this week, including a measure immediately to put out information about suspects when a police officer is missing, injured or killed in the line of duty.  Senate Bill 655, which was approved in the Senate Judiciary Committee, would work similar to the America's Missing Broadcast Emergency Response (AMBER) system used to get instant information out regarding serious child abduction cases.  

“A criminal who harms law enforcement officers won't think twice about harming average citizens,” said Senator Jim Tracy (R-Shelbyville), sponsor of the bill.  “This is a quick way to get this information posted so law enforcement can catch the criminal to bring them to justice and save lives.”
 
As with AMBER Alerts, which are only posted when police suspect a child is in danger, the Blue Alerts would be used when a suspect has not been apprehended and is considered a serious threat to the public.  The Tennessee Bureau of Investigation (TBI) would use the statewide infrastructure of the AMBER Alert system to facilitate a Blue Alert.  According to Tennessee Bureau of Investigation and the Tennessee Department of Transportation, any cost to establish the Blue Alert System can be accommodated within existing resources using the current messaging framework.

Police Pay Supplement – In separate action, the State Senate approved and sent to the governor a bill that would clarify money deposited into the Police Pay Supplement Fund can only be used for supplementing police pay.  State law provides the supplement is awarded for successful completion of law enforcement in-service training. 

“This bill will virtually ensure that money in the Police Pay Supplement Fund will go for the purpose in which it was intended indefinitely,” said Senator Tracy (R-Shelbyville), sponsor of the bill.  “This fund is very important to our law enforcement officers and is needed to enhance public safety through training.  We need it to remain for the purpose it was intended and that is what this bill will accomplish.”

Current law allows the fund to be diverted for use in the state’s general fund through the General Assembly’s budgeting process.  Senate Bill 682 restricts that use so that it would require a statutory change before funds could be redirected, which is a much more difficult task that includes passage of a general bill through the legislature and the signature of the governor.

Police Training / Mentally Ill Persons -- Training is also the impetus behind legislation approved by the full Senate this week to help police officers respond to calls involving a person with a mental illness.  Senate Bill 868, sponsored by Senator Rusty Crowe (R-Johnson City), requires that the annual training for police also include the proper procedures for responding to mentally ill persons.

Tennessee FOP license plates – Finally, the full Senate has passed a bill to authorize the issuance of Tennessee Fraternal Order of Police (FOP) new specialty earmarked license plates to members and associate members of the organization. Senate Bill 835, sponsored by Senator Mike Bell (R-Riceville), allocates 50 percent of the revenues derived from the sale of the plates go to the organization’s charitable foundation.

Anti-crime bills move in State Senate / Legislation targets gang-related drive by shootings

Several anti-crime bills were approved by the State Senate this week, including a measure approved by the Senate Judiciary Committee that strengthens penalties against those who discharge a firearm into an occupied habitation.  The legislation, sponsored by Senate Majority Leader Mark Norris (R-Collierville), aims to curb “drive-by shootings” which is a growing problem with gang-related violence in the state.

“Current penalties are far too weak to give law enforcement the tools they need to curb this crime,” said Leader Norris.  “This is an especially egregious crime because children are often the victims, like a five year-old boy who was shot in the back while at his home in Memphis last month.  The criminals then claim they did not know the home was occupied, meaning they can only be charged with at the most a Class E felony.  This bill puts some teeth in the law so that those who fire on a home will face much tougher penalties, including additional jail time.”

Presently, state law prescribes that offenders can only be charged with reckless endangerment, which is a Class A misdemeanor, even if it involves putting a person in imminent danger of death or serious bodily injury, unless it is committed with a deadly weapon which would be a Class E felony.  Senate Bill 690 would create an additional section to the state’s “Reckless Endangerment” law to make discharging a weapon into a residence a Class C felony if it is occupied and a Class D felony if no one is present. 

Norris has sponsored a series of bills over the past several years designed to curb gun-related violence and focus resources on keeping these criminals behind bars longer to protect the public.

Inappropriate Sexual Contact / Minors -- The full Senate passed legislation sponsored by Senator Jim Tracy (R-Shelbyville) to ensure that an adult authority figure who has inappropriate sexual contact with a minor child by touching or kissing the child on the lips, is held accountable for his or her actions.  The bill creates a Class A misdemeanor offense in cases where an adult authority figure touches or kisses the lips of a minor child age 13 to 17 for reasons of sexual gratification. 

“This loophole in the law was brought to my attention by a local judge,” said Senator Tracy.  “The offense is addressed for children under the age of 13, but not for those minors age 13 to 17 who can also be victimized by sexual predators.  These youth are very vulnerable to become victims of sexual contact by an authority figure and should be protected under Tennessee law.”

Tennessee law presently makes it an offense of aggravated sexual battery when such an act occurs to a child under the age of 13.  The law, however, is silent when it involves minors age 13 to 17.  Senate Bill 1679 makes it a Class A misdemeanor as long as the adult who commits the offense is at least four or more years older than the victim.

“There is no doubt that this inappropriate behavior is a predatory act which should be punished,” added Senator Tracy.  “We need to strengthen the law and punish those who use their position of authority to harm children.”

Orders of Protection / Abuse -- Legislation has passed the full Senate to modify the state’s present system for Orders of Protection to allow abusers to be taxed with court costs.  As the law is currently written, any person who files for an Order of Protection is considered a victim, precluding a judge from assessing court costs against a person who applies for an order of protection just to harass another. 

Senate Bill 509, sponsored by Senator Mike Faulk (R-Church Hill), would allow a trial judge to assess costs against a person who has abused the system after a special hearing is held determining first, the person was not a victim as claimed and, second, that the application was filed frivolously.  The bill is meant to curb abuse of the system so that limited law enforcement and court resources are not mis-utilized for improper reasons and so they can focus efforts on victims who are truly in need of protective measures.

In Brief…

Organ procurement – State Senators have voted to add vehicles that are transporting certain organs for human transplantation to the current list of those authorized to display amber and white lights.  Currently, organs with a short shelf life like a heart, lung or pancreas are often transported by air and then ambulance to the destination where the transplant is scheduled to occur.  Senate Bill 610, sponsored by Senator Doug Overbey (R-Maryville) effects the transportation of organs with a longer shelf life like kidneys, tissue, cornea, or bone.  While it is not a “red and blue light” emergency to arrive at the destination as urgently as those organs with a short shelf life, it is still important that they are not unduly delayed.  This legislation allows the vehicles transporting organs with a longer shelf life to move through traffic as quickly and safely as possible so that the transplant has the best opportunity for success.

Secretary of State / Electronic Library – Tennessee Secretary of State Tre Hargett told the Senate Finance Committee this week that the state’s Electronic Library (TEL) is averaging more than 30 million annual searches.  Hargett said TEL’s Learning Express Library provides Tennesseans with access to job and career resources, magazine and newspaper articles, and ACT practice tests and courses. Last year alone, Tennesseans used the service to access 59,000 practice tests and courses. Users of TEL include teachers, students of all ages and those who would otherwise lack access to public libraries and educational opportunities.  The Library can be accessed at:  http://tntel.tnsos.org/

Post-Conviction Defender’s Oversight Commission -- The full Senate has approved a bill to reconstitute Tennessee’s Post-Conviction Defender Commission and replace it with a “Post-Conviction Defender’s Oversight Commission.”  The Post-Conviction Defender Commission is an independent agency that was created to oversee the operating budget of the Post-Conviction Defender.  Senate Bill 827, sponsored by Senator Bo Watson (R-Hixson) and Lt. Governor Ron Ramsey (R-Blountville) spells out the new Oversight Commission’s duties would be administrative in nature, overseeing budget, staffing and caseload concerns, rather than assisting the post-conviction defender in providing legal representation. 

Abortion / SJR 127 -- Senate Joint Resolution 127, sponsored by Senator Mae Beavers (R-Mt. Juliet) to restore the people’s voice on state’s abortion laws was heard by the full Senate on first and second reading.  The resolution must be read three times before a final vote can be taken on the measure.  The proposal would allow citizens to amend Tennessee's Constitution to say that the right to an abortion is only protected under the U.S. Constitution as interpreted by the U.S. Supreme Court. 

Treasurer / College Savings Plan -- Tennessee Treasurer David Lillard, who appeared before the Senate Finance Committee this week, updated members of that panel on his office’s efforts in re-establishing a new Tennessee 529 college savings plan.  The state’s  Path2College 529 College Savings Plan created in 2008 in partnership with the State of Georgia is set to expire in June.  Lillard said the re-establishment of a plan is important so that Tennesseans can save for those future college expenses.  Tennessee has an abysmally low college savings note- because of rising costs.  Fees, tuition, room and board of one of Tennessee’s 4 year universities is $13,180 annually and is expected to grow between 5 to 8 percent each year.  The Treasury Department will use available funds to provide up to a $50 match for everyone that established a college savings account with at least $50.
 
State Parks / Budget Impact  -- Each dollar spent from the State Park’s budget allocation generates over $17 in direct expenditures and over $37 in economic impact (total industry output) according to Commissioner Robert Martineau of the Department of Environment and Conservation.  The new commissioner told members that the $1.5 billion in total industry output supports over 18,600 jobs in Tennessee.   Economic activity generated by Tennessee State Parks has a very significant impact on Tennessee’s economy and creates thousands of jobs in many rural areas of the state where jobs are needed most.

Military / Update on Troops – Tennessee Adjutant General Max Haston appeared before the Senate State and Local Government Committee this week to talk about the budget for the Tennessee Military Department.  Haston said the Tennessee National Guard is over 100 percent strength with 14,332 soldiers and airmen.  Presently, 573 Army and Air National Guardsmen and women are deployed around the world.  There are 367 troops that have returned within the last three months, while 1,617 airmen and soldiers are on alert within the remainder of the calendar year.

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 (NASHVILLE, TN), March 31, 2011 --  The Senate Education Committee approved legislation sponsored by Senate Speaker Pro Tempore Jamie Woodson (R-Knoxville),  Senate Majority Leader Mark Norris (R-Collierville), and Senator Brian Kelsey (R-Germantown) to create an environment that promotes the growth of high quality public charter schools in Tennessee. The bill is one of three education reform measures proposed by Governor Bill Haslam to improve student achievement by giving students the resources and opportunities they need to succeed in an increasingly competitive global economy.

 “Public charter schools are a critical tool to improve public education and provide every child in Tennessee the opportunity to receive a great education,” said Speaker Woodson.  “This bill creates an environment that promotes the growth of high quality charter schools, allows districts access to innovative tools to address their unique challenges, and gives many more parents the option of sending their child to a school that better suits his or her needs.”

Key provisions of the Senate Bill 1523 include:
 Removes the cap on the number of charter schools allowed in the state
 Allows for open enrollment in charter schools (removes eligibility restrictions while maintaining current system that gives preference to certain applicants and provides for a lottery system when applications exceed the number of seats available in the school)
 Gives preference in the application process to proposed charter schools that demonstrate a capability to support certain high-need populations
 Provides the Achievement School District with the ability to authorize charter schools within the district
 Allows for appeal of charter revocation or nonrenewal to State Board of Education except when those decisions are based on the current AYP accountability guidelines for charters (maintains high accountability standards)
 Removes “automatic repeal” provision so that there is no automatic sunset date on the charter law

“High quality charter schools serve as laboratories of learning for struggling school districts,” added Leader Norris.  “We have attracted significant investments to help more quality charter schools get started in our state. However, we are missing the flexibility within our law to foster that growth.”

 “The national spotlight is now on Tennessee’s education reform efforts,” added Senate Education Chairman Dolores Gresham (R-Somerville).  “This legislation makes commonsense changes which are a critical part of our strategy to turn around the state’s lowest-performing schools.”

Recently, Tennessee was awarded $40 million in investments to support new charter schools in Tennessee.   The bill now goes to the Senate Finance Committee for consideration of the measure’s financial impact.

Race to the Top -- Action on the education reform bill came one day after the first anniversary of Tennessee’s Race to the Top win.  The Senate Education Committee heard testimony that, since being awarded upward of $501 million, school districts have begun executing a dramatic set of school reforms as a result of the bold initiatives passed last year.

The first year has been a combination of planning and successes.  The plan focuses on three main student performance goals: young students' academic readiness, high school graduates' readiness for college and careers, and higher rates of graduates enrolling and succeeding in post-secondary education.
 
Tennessee’s complete Race to the Top proposal and other First to the Top accomplishments are detailed on the Tennessee First to the Top website at www.tn.gov/firsttothetop. 

SJR 127 to restore the people’s voice on state’s abortion laws meets first test of 2011 with passage in Judiciary Committee

The Senate Judiciary Committee voted 6 to 3 this week to give Tennesseans the opportunity to restore their voice in determining what state law should be regarding abortions.  The measure, Senate Joint Resolution 127, sponsored by Senate Judiciary Chairman Mae Beavers (R-Mt. Juliet) addresses a State Supreme Court decision in 2000 that struck down provisions in Tennessee law allowing women to receive “informed consent” information about the surgery and to wait 48 hours before they receive an abortion.

The court also ruled against a state requirement that all abortions after the first trimester be performed in a hospital. That ruling made Tennessee more liberal than the U.S. Supreme Court required in “Roe v. Wade” and made the right to abortion a “fundamental right” in Tennessee.

“I am pleased that this resolution has been approved by our Senate Judiciary Committee,” said Senator Beavers.  “This would enable Tennessee to begin the process to restore the right of the people to decide through their elected legislature what protections should be in place regarding abortions.  The only way to restore these protections is to change the constitution and give the legislature authority to write commonsense laws.”

The resolution would allow citizens to amend Tennessee's Constitution to say that the right to an abortion is only protected under the U.S. Constitution as interpreted by the U.S. Supreme Court.  It would give the people the right, through their elected state representatives and senators, to enact, amend, or repeal statutes regarding abortion, including circumstances of pregnancy resulting from rape, incest or life of the mother.  The practical effect of the legislation would be to bring Tennessee back into a position of neutrality so the people’s elected representatives can decide within the bounds of federal decisions what protections can be put into place.

The resolution was approved by the 106th General Assembly by a simple majority.  The amendment process requires a two-thirds majority in the current General Assembly before citizens will see it on the ballot in November 2014. 

Comprehensive legislation approved by Senate Transportation Committee would provide statewide guidelines for unmanned traffic enforcement cameras

The Senate Transportation Committee has approved comprehensive legislation to provide statewide guidelines to govern the use of unmanned traffic cameras.  The proposal comes after much legislative debate on the matter during the 2009 and 2010 legislative sessions.   The use of automated systems for surveillance of intersections and roadways is growing as more communities across the state are utilizing the devices.   Opponents of the cameras have argued that the motivation behind the cameras is money instead of safety, while those who favor the cameras claim that the devices have made streets safer by reducing the number of crashes. 

“The purpose of this bill is to give uniform standards across the state,” said Senator Jim Tracy, who is sponsor of the bill and Chairman of the Senate Transportation Committee.  “We have worked on this proposal for several years and have put together a very comprehensive bill.” 

Senate Bill 1684, as amended, includes statewide provisions that:
 Invalidate traffic camera citations issued for failure to make a complete stop before making a right hand turn at a red signal unless clearly marked signs are posted saying “No Turn on Red.”
 Clarify that advance signage to inform drivers is required of at least 500 feet, but not more than 1000 feet, before the enforcement area of the unmanned traffic enforcement camera.
 Require an independent traffic engineering study before any new camera can be set up to assure that the proposed camera meets certain criteria to ensure that the purpose is to improve traffic safety.
 Prohibit speed trap cameras by banning the use of traffic enforcement cameras on any highway within one mile of a reduction of speed limits of 10 mph or greater.
 Provide that no more than one citation shall be issued for each offense committed.
 Vehicle registration information must be consistent with the evidence recorded by the enforcement camera or the citation is invalid.
 Mandate that notice of violations be mailed to the alleged offender within 20 days and that all responses and payments be made to a Tennessee address.
 Set the fine at $50 if the violator elects not to contest and provides that citation notices must list any additional late fees or court costs separately in the event they    should decide to go to court and are found guilty.
 Amend current law to allow only POST certified or state-commissioned law enforcement officers to view evidence from a traffic enforcement camera and issue the citation.  Present law only requires an "employee" of the law enforcement agency.

“My goal is to protect the public from abuse of these camera systems by providing clear guidelines to ensure that the focus is on public safety,” added Tracy.  “I am very pleased with the bill’s progress and believe the chances of passage are excellent.”

The bill would not affect current unmanned traffic enforcement contracts in place.  If passed, the law would become effective July 1, 2011.

Judiciary Committee approves bill calling for popular election of state’s appellate and Supreme Court Judges

The Senate Judiciary Committee has approved a bill calling for a change in the method for selecting the state’s appellate and Supreme Court Judges.  Senate Bill 127, sponsored by Senator Stacey Campfield (R-Knoxville), calls for judges to be popularly elected in the same manner as other candidates for office, like those competing for governor, state representatives, or state senate.  Tennessee currently uses the “Tennessee Plan” for selecting appellate and Supreme Court judges. 

Under the current Tennessee Plan, a 17-member Judicial Nominating Commission sends the governor a panel of three nominees for consideration after reviewing nominees.  The governor must then appoint one of the nominees or reject the panel of three and request a second panel.  After being appointed through this process, the judges serve until the term for which they were appointed expires at which time they must stand for approval by the voters in an election where the voters will decide whether or not to "retain" or "replace" them. 

Tennessee’s Constitution says judges must be “elected by the qualified voters of the state.” Much of the debate has focused on whether or not the selection process with a retention vote meets that constitutional test.  While the constitutionality of the plan has been affirmed twice by Court decisions, many legal scholars dispute the ruling.

Passage of the bill came after Lt. Governor Ron Ramsey (R-Blountville) was asked to break a 4-4 tie on the measure.  Afterwards, Ramsey said he took the step because he believes the state constitution is unambiguous in its proscription that judges "shall be elected" in the state of Tennessee.

“While I do not believe electing judges in statewide elections is the best policy for our state, our Constitution is very clear on this matter,” said Lt. Governor Ramsey.

“Our Constitution is what we swear by oath to uphold,” said Senator Campfield.  “The Constitution says the members of the Supreme Court shall be elected by the qualified voters of this state -- not selected, not appointed, but elected.  Everybody in here knows what election means because we have all been through it.  If any of us said there is not going to be an election (for State Senate) anymore and that it would be by a retention vote, they would laugh every one of us out of office.” 
  
In Brief…

Cutting Red Tape -- Lt. Gov. Ron Ramsey this week announced he will launch a website dedicated to shining a light on unnecessary government regulation.  TNRedtape.com’s mission is to be a space on the web where regular Tennesseans can have a voice and seek relief from oppressive government red tape.  The site offers the opportunity to small business owners to tell their story of overbearing government regulation and how it has affected their lives.  The most flagrant examples will be highlighted on the blog and the site will also aggregate stories of government red tape in the news.

Government Efficiency -- The State Senate voted 31 to 0 this week to terminate the Occupational Safety and health Administration Labor Advisory Council.  The action on Senate Bill 213, sponsored by Senate Government Operations Committee Chairman Bo Watson (R-Hixson), comes as a result of the General Assembly’s sunset review process.  The purpose of sunset review is to identify and eliminate waste, duplication and inefficiency in government agencies. In his State of the State Address, Governor Haslam asked the General Assembly to join him in reviewing the state’s boards and commissions to see whether 140 are necessary.  He also noted the progress of the Senate Government Operations Committee and its Chairman, Bo Watson, in this regards.  The full Senate also approved Senate Bill 240 by Senator Watson this week.  That legislation will complete the wind down process of the Board of Review in the Department of Labor and Workforce Development which was terminated by the General Assembly last year.  The duties of that board will be absorbed by the Department of Labor. 

Animal fighting – The Senate Judiciary Committee this week approved the “Animal Fighting Enforcement Act,” which strengthens penalties for attending dog fights and cockfights.  Senate Bill 785, sponsored by Senator Bill Ketron (R-Murfreesboro), imposes a fine of $2,500 for the Class A misdemeanor of cock fighting, increases the penalty for a 2nd or subsequent conviction of cock fighting from a Class A misdemeanor to a Class E felony, enhances the penalty for being a spectator at an animal fight from a Class C misdemeanor to a Class A misdemeanor, and imposes a $2,500 fine for such violation.  The link between animal cruelty and other forms of illegal activities is a national concern.  Other states like North and South Carolina have driven animal fighting to Tennessee due to increased penalties imposed in their states. 

Consumers / Banks -- The State Senate has approved Senate Bill 1800, sponsored by Senator Jack Johnson (R-Franklin), to help provide consumers notice regarding a solicitation that might appear that it is coming from their bank.  A problem has arisen where companies obtain mortgage information and contact the customer offering to refinance their mortgage but are not affiliated with the bank.  By using the bank’s logo when making contact with the customer, it becomes a misrepresentation because the customer thinks that their lending institution is offering the new financing.  The bill clarifies that it is unlawful for a person, "other than the lender or a person authorized by the lender" to use a loan number, loan amount, or other specific loan information that is not publicly available in a solicitation for the purchase of services or products unless it clearly states in bold face type the name, address and phone number of the solicitor.  It must also contain a statement that the person making the solicitation is not authorized or affiliated with the bank, nor does it contain loan information provided by them.

Military Parents / Child Custody -- The State Senate has voted to approved legislation sponsored by Senator Jamie Woodson (R-Knoxville) to require a court to hold an expedited hearing, if appropriate, for a temporary modification to a decree for child custody or visitation when a parent, who is to be mobilized into military duty, requires immediate attention. With the substantially increased activity of our armed forces around the world today, Senate Bill 721recognizes the need to protect the rights of both service members and their children.  The legislation requires the court to allow testimony to be given by electronic means while the military parent is out of the state, if necessary.  It also authorizes the court to permanently modify a decree of child custody or visitation if a parent volunteers for successive or frequent duties that remove the parent from the state. 

Budget Hearings -- The State Senate budget hearings have begun as state departments and agencies appeared before committees this week to review their requests in the 2011-12 appropriations bill.  Senate Committees will continue the hearings for the next several weeks.  The budget is traditionally one of the last bills to be passed before adjournment. 

Teacher tenure reform bill goes to governor –   The full Senate approved a minor amendment to Senate Bill 1528 regarding teacher tenure reform and sent the bill to Governor Bill Haslam for his signature.  The bill, sponsored by Senator Mark Norris (R-Collierville), changes a teacher’s probationary period before becoming eligible for tenure from three to five years as well as links tenure status to performance evaluations, among other changes.  The legislation builds on the bold initiatives passed last year with Tennessee’s First to the Top program to give Tennessee students more opportunities to succeed.

Cost savings / uncontested city elections – The full Senate voted this week to approve Senate Bill 922, sponsored by Senator Mae Beavers (R-Mt. Juliet), designed to save Tennessee cities money spent on early voting when there is no opposition in a city election.  The bill would remove the requirement that an early voting period be held for any municipal election if there is no opposition for any of the offices involved, including any write-in candidate that has filed notice.  The legislation only applies in cases when the election is not held in conjunction with a primary election, the regular August or November general elections, or any special primary or special general election for state or federal offices.

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(NASHVILLE, TN), March 24, 2011 -- The pace quickened on Capitol Hill this week as state lawmakers debated a wide variety of issues pending before the 2011 legislative session, including a bill to strengthen Tennessee’s status as a Right to Work state.  Meanwhile, the Senate Education Committee heard several reports updating lawmakers on educational efforts in the state, including the final report on the effectiveness of Tennessee’s Pre-Kindergarten program.

Legislation that strengthens Tennessee’s status as a Right to Work state was approved by the Senate Commerce, Labor and Agriculture Committee this week.  Senate Bill 1031  amends the state’s Right to Work law to prohibit maintenance of membership clauses in collective bargaining agreements.

Tennessee is one of twenty-two Right to Work states across the nation which prohibit agreements between labor unions and employers making membership or payment of union dues or fees a condition of employment, either before or after hiring.  Recent studies from the Cato Institute and the National Institute for Labor Relations Research show Right-to-Work states enjoy higher job growth and more cost-of-living-adjusted disposable income for workers.  The studies reveal that not only is private-sector job growth faster in Right to Work states, but also that Right to work States’ lead in job growth is consistent over time.

Tennessee’s Right to Work law, however, currently does not ban maintenance of membership clauses within collective bargaining agreements.  These are clauses which sometimes are included in collective bargaining agreements which mandate that, once an employee joins a union, the employee cannot leave the union until the collective bargaining agreement expires. This means that for the duration of the collective bargaining agreement, the employee must continue to pay dues even if the employee no longer wants to be in the union or is dissatisfied with the union.  The bill would not apply retroactively.  It would only apply to bargaining agreements enacted after the legislation is becomes effective.

“Workers should be free both to join unions or refrain from joining unions at any time,” said Senate Republican Caucus Chairman Bill Ketron (R-Murfreesboro), sponsor of the bill.  “Our status as a Right to Work state is critical to our ability to draw new and better paying jobs to our state.  Any state or county economic development recruiter can attest to the importance of this fact.”

“For years, Tennessee has functioned as a right to work state, because we believe in the basic principle that Tennessee employees should be allowed to decide for themselves whether or not to join or financially support a union.  This bill simply affirms this principle as we strengthen our status as a Right to Work state,” he concluded.

The bill is supported by the U.S. Chamber of Commerce.

Pre-K study conducted by independent research group continues to show disappointing results

This week lawmakers received the final in a series of reports assessing the effectiveness of Tennessee’s Pre-Kindergarten, which continues to show disappointing results regarding the long term effects of the program.  The purpose of the study was to assess whether children who attended a Tennessee-funded Pre-K program perform better academically than a comparable group of peers who did not attend. 

The study, conducted by Strategic Research group, measured the progress of students from 2007 – 2011 to determine whether those students who attended state-funded Pre-K perform better academically in the short and long term than a comparable group of peers who did not attend Tennessee’s Pre-K program. 
The study continues to confirm earlier reports showing any gains made from Pre-K are short-term and do nothing after second grade to bridge the achievement gap between children who are at-risk from those with a higher socio-economic background.

As previous reports in this series have found, there are positive effects associated with participation in Pre-K in getting students ready for the kindergarten, first and second grades, meeting the of school readiness.  As noted in previous reports, however, the positive effects associated with Pre-K participation tend to diminish by third grade.  The report says that, by grades three to five, there were “no instances where Pre-K students scored higher than non-Pre-K students.”  Instead there were “a number of instances where Pre-K students scored lower.”

“When we look at these statistics about long term gains not being there from Pre-K, I think you can read that information in two directions,” said Senator Brian Kelsey (R-Germantown). “On the one hand, you can say there is no real advantage to Pre-K, so why are we doing it?  But on the other hand, you can read it as something is going wrong in grades one, two and three.” 

“That is what really saddens me throughout this whole conversation,” he continued.  “The Pre-K program that we have instituted is doing some good work in getting students ready for school.  Unfortunately, our student performance is so low in this state that, by the time we get to grade three, the students who didn’t have the advantage of Pre-K were able to catch up because it was such a low bar to meet.  That is the real problem that is exposed from this study and one that leads me to the conclusion that we need to continue Pre-K and more importantly, we need to continue to work to reform the educational process in grades K-12.”

The State of Tennessee has been funding early childhood education since 1996 when a pilot program was established for economically disadvantaged three- and four-year-olds. In the 1998, Governor Don Sundquist pushed the creation of 30 Pilot Pre-K classrooms, serving approximately 600 students, and the program was expanded under Governor Phil Bredesen. 

Legislation closes loophole in state’s insanity defense law by calling for immediate evaluation after acquittal

The full Senate has voted to authorize a court to order defendants who are in custody and found not guilty by reason of insanity of a felony offense against the person, to remain in custody after the verdict to receive an outpatient mental health evaluation.  Senate Bill 1532, sponsored by Senate Majority Leader Mark Norris (R-Collierville) and Senator Doug Overbey (R-Maryville), applies to such offenses as felony sex offenses, assaults, kidnappings, and robberies.

The bill follows an incident where a Bristol man was acquitted for the murder of his father by reason of insanity and released from jail without receiving a mental health evaluation.  This was due to recent changes in Tennessee law calling for the evaluations to be done on an outpatient basis.  Although an evaluation was ordered, it did not call for the person acquitted to remain in custody until it could be performed.  Upon going home after his release, the acquitted man became angry and headed for a closet where guns were located.

“In most states the decision of inpatient or outpatient evaluation is left to the court,” said Senator Overbey.  “Allowing the person to immediately go out into the community can be a very dangerous situation.  We need to close the loophole created when changes were made to our law in order to ensure immediate evaluation of the person acquitted under this defense.”
 
Tennessee courts are required to order outpatient evaluations for all individuals acquitted of a criminal offense when found not guilty by reason of insanity.  There is no mechanism, however, that allows the court to detain a potentially violent individual in the time period between the verdict of not guilty by reason of insanity and the outpatient evaluation.  The legislation would address this issue by requiring the court to immediately issue an order for an outpatient evaluation. 

“This is a protective bill to ensure appropriate safety measures are taken upon the acquittal of those found not guilty by reason of insanity,” added Senator Norris.  “I am very pleased the Senate voted unanimously to approve the bill.”

The bill is pending action in the House of Representatives’ Judiciary Subcommittee.

Telecommunications bill clears full Senate

The full Senate has passed legislation, sponsored by Senate Majority Leader Mark Norris (R-Collierville), that would reduce the disparity between intrastate and interstate access fees currently paid by larger telecommunications companies to smaller cooperatives or companies that generally serve rural customers.  After an agreement was reached among all interested parties, the legislation would reduce the disparity between intrastate and interstate access fees by a rate of 20 percent each year for the next five years beginning April 1, 2012 and each subsequent April 1.

Senate Bill 598 establishes a requirement that all telephone companies in Tennessee charge other telephone companies the same rate for connecting calls into their network, whether the calls originate inside or outside the state.  It establishes a defined transition period during which intrastate access rates will be brought down in equal steps to the same level as interstate access rates. 

The bill also provides the ability for telephone companies to account for increases in interstate access rate changes, which are federally governed, and change their intrastate rates to mirror federal changes.  In addition, it requires all telephone companies to file and maintain a tariff price list with the Tennessee Regulatory Authority setting their access rates and structures.

“This is part of a long period of transition arising out of deregulation,” Senator Norris said.  “The future of all of these providers is very bright, with the dissemination and provision of other services that are now available.  This will put us in line with 22 other states that have dealt with this issue.”

In Brief…

Storm Damage / Federal Assistance --   Tennessee Gov. Bill Haslam announced the U.S. Small Business Administration (SBA) has granted his request for a disaster declaration for Knox and eight contiguous counties in Tennessee following the severe storms and flooding in February.  An SBA disaster declaration makes homeowners and businesses affected by the disaster eligible for low interest loans. In this case, the rate for homeowners will be 2.56 percent or 5.12 percent, depending on whether they can get credit elsewhere, and business rates range from 4 to 6 percent. Those affected have until May 23, 2011, to apply for relief from physical damage and until Dec. 23, 2011, to apply for relief from economic injury caused by the Feb. 28, 2011, storms and flooding.   Applicants can contact the SBA’s Disaster Assistance Customer Service Center at (800) 659-2955, email disastercustomerservice@sba.gov or visit SBA’s website at www.sba.gov. Hearing impaired individuals may call (800) 877-8339.   Applicants may also apply online using the Electronic Loan Application (ELA) via SBA’s secure website at https://disasterloan.sba.gov/ela.

Patient Safety / Peer Review – The full Senate approved legislation sponsored by Senator Doug Overbey (R-Maryville) on Thursday to enact the Patient Safety and Quality Improvement Act of 2011.  Senate Bill 484, as introduced and passed by the Senate, reverses a Tennessee Supreme Court decision in Lee Medical, Inc. v. Beecher, 312 S.W.3d 515 (Tenn. 2010), that overturned a major portion of the long-standing Tennessee peer review statute vital to health care providers in their efforts to improve patient safety and quality within their organizations.  This legislation rewrites the peer statute to put back into place the same protections that health providers have always considered available to them in their patient safety efforts.  The legislation maintains the same immunity provisions for participants in the quality improvement process as contained in the original peer review statute and explicitly defines which entities may create Quality Improvement Committees and claim the privilege that “peer review” documents are not subject to discovery. 

Post-Conviction Defender’s Oversight Commission -- The Senate Judiciary Committee has approved a bill to reconstitute Tennessee’s Post-Conviction Defender Commission and replace it with a “Post-Conviction Defender’s Oversight Commission.”  The Post-Conviction Defender Commission is an independent agency that was created to oversee the operating budget of the Post-Conviction Defender.  Senate Bill 827, sponsored by Lt. Governor Ron Ramsey (R-Blountville) and Senator Bo Watson (R-Hixson), spells out the new Oversight Commission’s duties would be administrative in nature, overseeing budget, staffing and caseload concerns, rather than assisting the post-conviction defender in providing legal representation. 

Mothers / Nursing -- The Senate has approved Senate Bill 83, sponsored by State Senator Mike Faulk (R-Church Hill), to delete Tennessee’s current 12-month age limit in which nursing mothers can breast feed their babies in public.  According to the American Academy of Pediatrics (AAC), breastfeeding protects against a variety of diseases and conditions in the infant, such as bacterial meningitis, bacteremia, diarrhea, respiratory tract infections, necrotizing enterocolitis, ear infections, urinary tract infections and late-onset sepsis in preterm infants.  It can also protect the child against developing type 1 and type 2 diabetes, lymphoma, leukemia, and Hodgkins disease, as well as childhood obesity. 

Road Funds / Advertising -- Senate Bill 32 passed through the Transportation Committee this week to authorize the Department of Transportation to allow commercial advertising on the Tennessee 511 system, which provides current information on state-wide traffic conditions.  The bill, as amended, prohibits advertising of alcohol products, tobacco, campaign advertising or adult-oriented businesses.  Money gained from the advertising would be deposited into the highway fund to be used solely for transportation purposes. 

Solid Waste Recycling -- Members of the Senate Environment, Conservation and Tourism Committee voted to approve a resolution urging additional measures be taken up step up efforts to recycle certain solid waste products.  Senate Joint Resolution 30, sponsored by Senator Bill Ketron (R-Murfreesboro), affirms that the General Assembly places a high priority on private business’s composting and recycling construction waste to eliminate polluted landfills and create jobs.

Purple Heart Plates / Widows – Legislation sponsored by Senator Rusty Crowe (R-Johnson City) to authorize the issuance of Purple Heart license plates to the spouse of a deceased recipient at no charge has passed through the Senate Transportation Committee.  Currently, the first two Purple Heart plates issued to a registrant are free of charge.  The widow or widower of a Purple Heart recipient will be substituted for the original recipient as eligible to receive the two free Purple Heart license plates in their own right under Senate Bill 1855.

Disclosure / Medical Professionals -- State Senators gave final approval to Senate Bill 505 to require medical practitioners affirmatively to communicate their specific licensure by wearing photo identification or by providing their full name and licensure type in writing on the patient’s initial office visit.  The bill also requires practitioners who advertise on the Internet to display prominently their full name and licensure type.  Those practitioners who do not treat patients would not be affected by the legislation.  The proposal, which will be heard on final consideration in the House of Representatives next week, is sponsored by Senator Bo Watson (R-Hixson).

Tiger Haven -- The full Senate voted to authorize designated officials in Roane County to accompany Tennessee Wildlife Resources Agency (TWRA) officers upon inspecting a facility in that county which houses tigers, lions, cougars and other large members of the cat family.  Senate Bill 1192, sponsored by Senator Ken Yager (R-Harriman), allows the Roane County Executive or his designee to inspect the Tiger Haven facility with TWRA inspectors, along with the county sheriff's office or the county emergency management agency.  TWRA is responsible for overseeing operations of facilities holding exotic animals.

Obesity / Tennessee – The Senate General Welfare, Health and Human Resources Committee and other state lawmakers heard from members of the Tennessee’s Obesity Task Force regarding the state’s high obesity rate. Approximately 37 percent of adult Tennesseans are considered overweight and another 31 percent obese. The problem also impacts the state’s teens as 18 percent of the state’s ninth-12 grade students are overweight with another 17 percent being categorized as obese. At this same grade level, less than half of the youth (42 percent) are meeting current physical activity recommendations, 38 percent watch three or more hours of television each day, and almost half drink at least one non-diet soda daily.  The Task Force praised the General Assembly’s Comprehensive School Health Program instituted in state public schools aimed at getting children to make healthier choices.

(NASHVILLE, TN), March 17, 2011 -- Governor Bill Haslam presented his State of the State / Budget Address to the General Assembly this week outlining his proposals to deal with the state’s current budget crunch, while working towards reforming education and making our economy stronger to welcome new jobs to Tennessee.  The $30.2 billion balanced budget is almost $2 billion less than the current 2010-11 budget of $32 billion.  It contains no new taxes and maintains essential government services by focusing reductions in administrative areas to minimize any impact felt by Tennessee taxpayers.

The Governor said the budget calls for the state to spend less money but work harder to stretch public dollars, including making state government more “customer friendly” for Tennesseans.  At the same time, the Governor asked lawmakers to assist in transforming how government works to reflect current economic conditions.
 
“I want to emphasize that our current financial constraints are not a temporary condition,” said Governor Haslam.  “I think what we are seeing in government today really is the ‘new normal.’  Every government, ours included, will be forced to transform how it sets priorities and makes choices.”

Tennessee is in better economic condition than most states, many of whom are struggling to stay afloat amid huge budget deficits.  Over the last three years, Tennessee has reduced discretionary spending by 21 percent.  

Some of the highlights of the 2011-12 budget include:
 $300 million will be used for medical inflation for TennCare and CoverKids; to fund the Basic Education Program; for state health insurance premiums and for state employee pay raises of 1.6 percent.
 There will be 1,180 fewer state positions – almost 90 percent of the reductions coming from eliminating unfilled positions and the projects tied to non-recurring state and federal stimulus funds.
 Provides for an average departmental reduction throughout state government of 2.5 percent.
 It restores $69.3 million to the Rainy Day Fund, the state’s savings account, increasing it to $283.6 million at June 30, 2011, and $326.6 million at June 30, 2012.  (Before the economic downturn, on June 20, 2008, the fund was at $750 million.)
 $186 million in Economic and Community Development projects, construction of a new $7 million public intermodal facility at Port Cates Landing, which anticipates a $13 million federal grant and $10 million operating grant for the Memphis Research Consortium to encourage collaboration in research and strategy in the health field.
 The proposed budget is based on a realistically conservative 3.65 percent revenue growth at $473 million.

Governor Haslam asked the General Assembly to join him in reviewing the state’s boards and commissions to see whether 140 are necessary.  He noted the progress of the Senate Government Operations Committee and its Chairman, Bo Watson (R-Hixson), who have been looking into the matter for the past 18 months.  He also asked the General Assembly to examine how much state government authority through rules and regulations has been shifted to these agencies.

“Tennessee has a history of fiscal conservatism,” said Senate Majority Leader Mark Norris (R-Collierville), sponsor of the budget legislation.  “Governor Haslam is to be commended on his first budget.  It is responsible, realistic, and refreshingly straightforward as we proceed along the road of economic recovery.”

 “Governor Haslam and Finance Commissioner Mark Emkes have done a remarkable job in the past 10 weeks in constructing and presenting this budget, especially given the current financial constraints,” said Senate Republican Caucus Chairman Bill Ketron (R-Murfreesboro).  They have submitted a lean budget that retains essential services and puts more money in our “rainy day” account, while prioritizing education reform and job creation.”

The budget proposal, also called the appropriations bill, now travels to the Finance Committees of both Houses for discussion there.  The budget will continue to be a top priority for the remainder of this legislative session. 

Education Reform Highlighted -- Governor Haslam’s State of the State address also highlighted his legislative agenda which includes several education reform measures designed to prepare students to compete in a globally competitive marketplace.  The proposals include removing the 90-cap limit on charter schools; use of lottery scholarships during the summer term to aid timely graduation from the state’s technical centers, community colleges and four-year institutions; and, teacher tenure reform. 

“Every discussion we have about education should always begin and end with what is best for the child in the classroom,” Haslam said.  “In education we are blessed with the tools to be game changers for all students.  Better teachers; improved school leadership with great principals; standards of academic excellence; parental involvement and students who are challenged to learn – that can and will happen in Tennessee.”

“I am very pleased with the governor’s ambitious education agenda,” said Senate Education Chairman Dolores Gresham (R-Somerville).  “We must increase the number of post-secondary graduates in order to meet the challenges of a competitive new era.  In turn, a well educated workforce will give Tennessee better footing to attract new and better paying jobs to our state to give these students more opportunities to succeed.”

Telecommunications bill overcomes first hurdle

Legislation sponsored by Senate Majority Leader Mark Norris (R-Collierville) that would reduce the disparity between intrastate and interstate access fees currently paid by larger telecommunications companies to smaller cooperatives or companies that generally serve rural customers has overcome its first hurdle with passage in the Senate Commerce Committee after an agreement was reached among all interested parties.  As amended, the legislation would reduce the disparity between intrastate and interstate access fees by a rate of 20 percent each year for the next five years beginning April 1, 2012 and each subsequent April 1. 

When a customer places a telephone call, it generally travels over multiple networks, which are owned by different telephone companies, en route to its destination.  To compensate owners for the use of their networks, telephone companies charge each other for calls that originate on each others networks.  The carrier whose customer places the call pays a per-minute charge to the carrier whose customer receives the call.  When the call is a long distance call, the charges are referred to as access charges. 

There are two kinds of access charges. Calls that originate in one state and terminate in a different state are subject to interstate access charges.  These calls are regulated by the Federal Communications Commission (FCC) and are the same throughout the U.S.  Calls that originate and terminate within the same state are subject to intrastate access charges and fluctuate throughout the state.  It is the intrastate access charges that this bill addresses.

Senate Bill 598 establishes a requirement that all telephone companies in Tennessee charge other telephone companies the same rate for connecting calls into their network, whether the calls originate inside or outside the state.  It establishes a defined transition period during which intrastate access rates will be brought down in equal steps to the same level as interstate access rates.

The bill also provides the ability for telephone companies to account for increases in interstate access rate changes, which are federally governed, and change their intrastate rates to mirror federal changes.  In addition, it requires all telephone companies to file and maintain a tariff price list with the Tennessee Regulatory Authority setting their access rates and structures.

National Foundation CEO tells Senate Education Committee that Complete College Act places state at the cutting edge of higher education reform nationally

Lumina Foundation CEO Jamie Merisotis appeared before the Senate Education Committee this week to emphasize the importance of increasing the number of post-secondary graduates in Tennessee, praise Tennessee’s new Complete College Act and offer resources from his organization for continued reform.  Merisotis told Education Committee members, “No committee in the Tennessee Senate is more vital to the future of your state than the one in this room.”

The Lumina Foundation for Education, based in Indianapolis, is the nation’s largest private foundation dedicated exclusively to increasing students' access to and success in postsecondary education.  The foundation’s goal is that, by the year 2025, 60 percent of working-age Americans will hold high-quality college degrees or credentials. The national degree-attainment rate currently is just below 40 percent, while Tennessee’s proportion of working-age residents with a college education stands at 32 percent. 

Merisotis praised Tennessee’s landmark Complete College Tennessee Act as huge step forward and model legislation for other states.  Among other items, that legislation retooled the state’s funding formula for higher education to make it substantially based on outcomes by looking at end of term enrollment or student retention as well as timely progress toward degree attainment and degree completion. 

“By rewarding institutions for graduating students, the Complete College Tennessee Act has again placed the state at the cutting edge of higher education reform nationally,” Merisotis said.  “With this legislation, you wisely made an explicit link between the taxpayer money you provide to colleges and universities each year to the results they are able to achieve for the students and state residents.”  

The Georgetown University Center on Education and the Workforce has estimated that by 2018, 63 percent of all of the nation’s jobs will require some form of postsecondary education or training. Between now and 2018, Tennessee will need to fill about 900,000 job openings resulting from job creation, retirements and other factors. Of these expected vacancies, more than half will require workers with college degrees or other postsecondary credentials.

"The Lumina Foundation has served as a key leader for higher education reform in Tennessee," said Senate Speaker Pro Tempore Woodson.  "I truly appreciate their dedication to ensuring success of our state's post-secondary students."

General Welfare, Health and Human Resources Committee approve legislation calling for Tennessee to joint Health Care Compact

State Senator Mae Beavers (R-Mt. Juliet) won passage of Senate Bill 326 this week in the Senate General Welfare Committee calling for Tennessee to join an interstate compact with the express purpose of returning the responsibility and authority for regulating health care to the states.  There are also plans to file the “Health Care Compact” in a number of state legislatures during their 2011 sessions.

“An interstate health care compact is a powerful vehicle for states to confront the federal health care law mandated by Washington directly,” said Senator Beavers.  “One size does not fit all.  States have different needs which are not recognized in the federal mandates passed by Congress last year.  The Health Care Compact does not mandate how states will handle health care within their boundaries.  It leaves them to decide how to create a system that fits their needs, providing greater accountability and more flexibility in delivering citizens a more efficient and effective system.”

The Health Care Compact provides a legal framework in which states can create their own healthcare systems. It essentially provides a permanent waiver to each member state to create whatever healthcare regulations the legislature deems best for the citizens of that state.  The structure protects Medicare and Medicaid funding by allowing member states to access federal tax revenues directly and without strings attached. Beavers said the combination of a secure funding stream and maximum flexibility for state legislators will create the conditions for multiple solutions to emerge to the health care crisis.

In Brief…

DUI / Driver’s Licenses -- The Senate Judiciary Committee has approved Senate Bill 343 sponsored by Senator Doug Overbey (R-Maryville) which increases from three to five years, the minimum time period a driver’s license may be revoked for a third DUI offense. The legislation increases, from six to eight years, the minimum time period a driver license may be revoked for a fourth or subsequent offense.  Alcohol-related fatalities represent 31 percent of the state’s traffic fatalities.

Court process / Guilty by Reason of Insanity -- Senate Judiciary Committee members voted this week to authorize a court to order defendants who are in custody and are found not guilty by reason of insanity of a felony offense against the person, such as felony sex offenses, assaults, kidnappings, and robberies, to remain in custody after the verdict to receive an outpatient mental health evaluation.  Presently, Tennessee courts are required to order outpatient evaluations for all individuals acquitted of a criminal offense when found not guilty by reason of insanity.  However, there is no mechanism that allows the court to detain a potentially violent individual in the time period between the verdict of not guilty by reason of insanity and the outpatient evaluation.  The bill, Senate Bill 1532, is sponsored by Senators Mark Norris (R-Collierville) and Doug Overbey (R-Maryville).
 
Charter School Grant -- Tennessee has received a grant of nearly $40 million to grow and support charter schools in Tennessee.  The funds are part of a broad public-private partnership to increase the number of high performing charter schools in the state.  The unprecedented public-private partnership creates a $30 million charter growth fund built through a $10 million grant in First to the Top funding and $20 million in private funds raised in partnership with the Charter School Growth Fund and the Center for Charter School Excellence in Tennessee.  The funds will provide for the launch of 40 new startup charter schools and the growth of 4 to 6 charter school management organizations.

Road Funds / Advertising -- Senator Jim Tracy (R-Shelbyville) led passage of Senate Bill 31 through the Transportation Committee which he chairs.  The bill would allow companies to advertise on the Tennessee Department of Transportation’s (TDOT) emergency trucks.  The funds would go to TDOT to build or repair roads.

Mothers / Nursing -- The Senate General Welfare, Health and Human Services Committee has approved Senate Bill 83, sponsored by State Senator Mike Faulk (R-Church Hill) to delete Tennessee’s current 12-month age limit in which nursing mothers can breast feed their babies in public.  Faulk sponsored the bill earlier this year at the request of a mother in his senatorial district, but the proposal has since been gaining momentum, including the support of many health experts who believe there are long-term benefits from nursing children longer.  According to the American Academy of Pediatrics (AAC), breastfeeding protects against a variety of diseases and conditions in the infant such as bacterial meningitis, bacteremia, diarrhea, respiratory tract infections, necrotizing enterocolitis, ear infections, urinary tract infections and late-onset sepsis in preterm infants.  It can also protect the child against developing type 1 and type 2 diabetes, lymphoma, leukemia, and Hodgkins disease, as well as childhood obesity.  In addition, breastfeeding provides long-term preventative effects for the mother, including an earlier return to pre-pregnancy weight and a reduced risk of pre-menopausal breast cancer, ovarian cancer and osteoporosis. 

Tennessee State Patrol -- Senate Bill 1494, sponsored by Senator Steve Southerland (R-Morristown) has been approved by the full Senate to drop the word “highway” from the name of Tennessee’s State Highway Patrol. The name change was requested to better reflect the many other activities the officers do such as riot squads, bomb detection units and SWAT teams.

Government efficiency -- Legislation sponsored by Lt. Governor Ron Ramsey (R-Blountville) which would streamline the legislative process and save taxpayer dollars has cleared the Senate’s State and Local Government Committee by a vote of 6 to 3.  Senate Bill 725 avoids duplication in state government by eliminating 11 joint oversight committees and shifting their responsibilities to the standing committees of each house of the General Assembly, saving the state $851,800.

911 Funds -- The full Senate has approved Senate Bill 293 sponsored by Senator Mike Bell (R-Riceville) to protect funds collected for Tennessee’s 911 emergency communications system from being diverted for other general fund purposes.
Ten million dollars have been diverted over the past several years from the fund.  This bill would ensure that citizens who are depending on the 911 emergency communications system will continue to be able to access emergency personnel in a timely fashion. 

Volunteer Firefighters Week -- Legislation was approved by Senate State and Local Government Committee calling for the Governor to proclaim the first full week of March each year as “Volunteer Firefighters Week.”  Senate Bill 739, sponsored by Senator Mike Bell (R-Riceville), recognizes “those brave men and women who have put their lives on the line while fighting fires, and those who have lost the battle in order to save and protect their fellow citizens.”

Governor Recognizes Tennessee Military in State of State Address – Governor Bill Haslam’s recognized the sacrifices of Tennessee’s men and women serving in the U.S. Armed Services and Tennessee National Guard in his State of the State Address on Monday.  Since September 11, 2001, more than 20,000 men and women have served in the Tennessee National Guard, Army and Air Force. The Governor pointed out that many of them are state employees, including 59 employees of the Department of Safety and Homeland Security who will go on active duty. Mobilization orders or notification of planned deployment will touch another 1,804 men and women. Since 2001, 136 Tennesseans have lost their lives in service to their country and state.

(NASHVILLE, TN), March 11, 2011 –   The State Senate passed two major bills this week with bi-partisan support, including teacher tenure legislation sponsored by Senate Majority Leader Mark Norris (R-Collierville).  The measure, which builds on the bold initiatives passed last year with Tennessee’s First to the Top program, is designed to improve student achievement and give Tennessee students more opportunities to succeed in an increasingly competitive global economy.

“This is our next step in the continuum of education reform that began in earnest last year with passage of our First to the Top legislation,” said Leader Norris.  “That made us eligible to win Race to the Top.  The next step is to focus on teacher tenure reform.  We must keep our focus on uplifting the children, not on upsetting the adults.”

Key Provisions of the Senate Bill 1528 include:
 Extends teacher tenure probationary period from three to five years
 Ties the teacher evaluation system to tenure eligibility and requires a teacher to score in the top two (out of a total of five) effectiveness categories on the evaluation in the two years immediately preceding becoming eligible for tenure
 Expands the definition of “inefficiency” as a grounds for dismissal of a tenured teacher to include evaluations demonstrating an overall performance effectiveness level that is “below expectations” or “significantly below expectations”
 For teachers tenured after the enactment of the new law, it requires a return to probationary status after two consecutive years scoring in the bottom two effectiveness categories of the evaluation
 Moves non-renewal deadline from May 15 to June 15

Tennessee currently ranks 46th in student overall academic achievement.

The legislation uses the work of First to the Top which, in collaboration with teachers, creates an evaluation system that measures teacher effectiveness.   The reform initiative passed last year requires annual evaluations using teacher effect data in teacher and principal evaluations.  The evaluation system capitalizes on Tennessee’s two decades of experience with the Tennessee Value-Added Assessment System (TVAAS) in evaluating student achievement on a year-to-year basis. 

“Teachers are the primary driver of the evaluation process,” said Speaker Pro Tempore Jamie Woodson (R-Knoxville), co-sponsor of the bill.  “The Teacher Evaluation Advisory Council is working diligently by supervising and digging into how we can assure these are reliable and fair evaluations. This legislation gives Tennessee schools the power to identify, reward and retain great effective teachers. Making tenure more meaningful is crucial to improving student achievement.  I strongly support this legislation, and think it is important to teachers and the overall education reform process.  Every student in Tennessee deserves a great teacher and a great education."

The deadline for the evaluations to be put into place under the First to the Top law is July 2011.  There has been a diligent process for determining what measure should be used for non-tested subject areas.

Due to the importance of the teacher tenure reform measure to the state’s economy and jobs, last week Tennessee’s four biggest urban chambers of commerce endorsed the initiative.  The bill also received approval in the House Education Subcommittee and is now pending action before the full House Education Committee next week.

No state income tax resolution -- In other major floor action this week, the Senate voted 28 to 5 to approve a “No State Income Tax” amendment resolution to Tennessee’s Constitution if approved by voters in 2014.  The proposal, sponsored by State Senator Brian Kelsey (R-Germantown), would clarify that an income tax and a payroll tax are prohibited by the Tennessee Constitution.

“If this amendment passes, Tennessee will never face an income tax battle again,” said Senator Kelsey.  “Not having a state income tax has already brought jobs to Tennessee.  Being able to tell prospective businesses that we will never have an income tax will bring even more jobs and help Tennessee become the number one state in the Southeast for high quality jobs.”

The proposal, Senate Joint Resolution 18, specifies that the legislature as well as Tennessee counties and cities shall be prohibited from passing either an income tax or payroll tax, which is a tax on employers measured by the wages they pay their workers.  A payroll tax has been proposed as a way around an income tax.  An effort to impose a local payroll tax was defeated by voters in the City of Memphis in 2004, but was proposed again in recent years by elected officials in Shelby County.

The most serious attempt to pass a statewide income tax was in 2002, when the proposal received 45 of the 50 votes necessary for passage in the House of Representatives.  Last year, eight state lawmakers co-sponsored legislation to implement a state income tax.

In order for a constitutional amendment to pass, it must first be approved by a simple majority in both the House and the Senate this year.  Then, it must be approved by a two-thirds vote in each chamber during the next General Assembly in 2013-2014.  After that the amendment would be placed on the next gubernatorial ballot for ratification by the people in November 2014.

Senator Kerry Roberts takes oath of office

State Senator Kerry Roberts (R-Springfield) took the oath of office on Wednesday after being elected on Tuesday in a landslide victory to represent the 18th Senatorial District. The district includes Sumner and Robertson Counties.  The special election was called after the resignation of Congressman Diane Black who was elected to Congress in November. 

“I am very honored to have the opportunity to represent the citizens of Sumner and Robertson Counties in the State Senate,” Senator Roberts said.  “I will work very hard to represent the people of this district and honor the oath that I have taken today as I fulfill the duties of serving as their voice on Capitol Hill. I look forward to working on the issues we face in Tennessee, including providing more job opportunities for our citizens and improving education. 

Roberts is a small business owner who resides in Robertson County.  Lt. Governor Ramsey, who administered the oath of office, has appointed Roberts to serve on the General Welfare, Health and Human Resources Committee, the Government Operations Committee, and the Environment, Conservation and Tourism Committee.

General Welfare, Health and Human Resources Committee takes action to prevent potentially catastrophic cuts to Tennessee hospitals

The Senate General Welfare, Health and Human Resources Committee has approved legislation to continue the hospital assessment adopted last year to prevent potentially catastrophic cuts to Tennessee hospitals.   The hospitals asked the General Assembly to enact the coverage assessment for another year in order to raise $870 million total, after receiving matching federal funds. 

The assessment is used to draw down federal funds available through a Medicaid match program approved by the Centers for Medicare and Medicaid Services (CMS).  It will continue to provide the critical dollars necessary to provide hospitals a portion of their unreimbursed TennCare costs. 

"Hospitals already provide about $2 billion in uncompensated TennCare, Medicare, charity care and unpaid debt," said Senator Doug Overbey, sponsor of the legislation.  "An additional $870 million in cuts would be catastrophic, especially to our rural hospitals which are critical in saving the lives of Tennesseans who live in the most remote parts of the state.”  
 
Like last year’s action, language in the bill ensures that any assessment imposed by this legislation would not be passed along to patients.  The assessment is based on 4.52 percent of a hospital’s net patient revenue, according to its 2008 Medicare cost report, a slight increase due to increased enrollment, utilization and medical cost inflation.  Local government hospitals, critical access hospitals, freestanding rehabilitation hospitals, long-term acute care hospitals and pediatric research hospitals are not included in the assessment, as well as state mental health institutes.

A few examples of programs, in addition to the reduction in payments to hospitals and health professionals that would be effected without the assessment are: critical access hospitals; the Graduate Medical Education program; 8-visit limit imposed on outpatient services, x-rays, and physician office procedures; various therapies; and, the enrollment cap for the medically needy. 

In Brief…

Post-Conviction Fund — The Senate Government Operations Committee has approved a bill sponsored by Lt. Governor Ron Ramsey (R-Blountville) and Government Operations Chairman Bo Watson (R-Hixson) to reconstitute Tennessee’s Post-Conviction Defender Commission and replace it with a “Post-Conviction Defender’s Oversight Commission.”  The Post-Conviction Defender Commission is an independent agency that was created to oversee the operating budget of the Post-Conviction Defender.  This bill clearly spells out the new Oversight Commission’s duties would be strictly administrative in nature, overseeing budget, staffing and caseload concerns, rather than assisting the post-conviction defender in providing legal representation to cases. 

There are three defense funds for indigent defendants into which public money is appropriated, the Administrative Office of the Courts, the Public Defender’s Conference and the Post-Conviction Defenders.  The Post Conviction Fund is used to represent those on death row.  Cases involving those convicted of capital crimes are over three times more costly than cases for other defendants.  This bill provides more accountability to make sure that public funds are used as efficiently and effectively as possible, while maintaining the rights of individuals facing execution by the State of Tennessee to ensure that the death penalty is not imposed or carried out in an arbitrary manner.

Tennessee State Patrol – Senator Steve Southerland (R-Morristown) guided passage of Senate Bill 1494 through the Transportation Committee this week.  The bill would drop the word “highway” from the name of Tennessee’s State Highway Patrol. The name change was requested to better reflect the many other activities the officers do like riot squads, bomb detection units and SWAT teams.

Child Sex Abuse State Plan -- Members of Tennessee’s Children’s Justice Task Force appeared before the Senate General Welfare, Health and Human Resources Committee this week to discuss that group’s 2011 Child Sex Abuse State Plan.  In addition to writing a state plan, the Task Force advises and assists the state departments in carrying out their duties related to child protection.  They also make policy and training recommendations concerning the handling of these cases.

Several steps have been taken to curb abuse, including better training for investigators, additional public awareness campaigns, including education for children, better access to services and more trained facilitators to intervene as quickly as possible.  The group cited several accomplishments over the past three years in addressing child sexual abuse and child fatalities.  There has been a 31 percent decline in sexual abuse from 3,613 cases in 2008 to 2,752 cases in 2010.  Likewise, child fatalities declined in Tennessee from 55 in 2008 to 46 in 2009.

Budget Address – Governor Bill Haslam will deliver his first Budget / State of the State Address on Monday, March 14th. The House and Senate will meet in a Joint Convention to hear the governor who will speak at 6:00p.m.  The address will be broadcast statewide.  In addition to the budget, Governor Haslam will also talk about job creation, education reform, and civil justice.

Railroads --   The Senate Transportation Committee heard testimony this week regarding the importance of Tennessee’s railroads to the state’s economy and relieving highway congestion.  Tennessee’s Shortline Railroads still play a vital role in the movement of freight to and from the state’s vital industries. Each year, railroads have kept hundreds of thousands of trucks off the highways, which has been especially important to help curb accidents on the state’s rural roads and secondary highways.  The officials said that since 1980 railroads have reduced accidents by 75 percent.  

Teacher organizations – The full Senate approved a bill to ensure that all teacher organizations will have access to potential recruits.  Senate Bill 330 requires the state’s public colleges and universities to give equal access to any professional educator’s organization if access to students in teacher training programs is granted.  “Our college classrooms, our college campuses are a marketplace of ideas,” said Senator Jim Summerville (R-Dickson), who is sponsor of the bill.  “This legislation lets all ideas compete to allow our future teachers to freely choose which organization, if any, that the want to join.” 

Health Freedom Act goes to governor -- The House of Representatives passed legislation and sent to the governor legislation already approved by the Senate to allow Tennessee patients to make their own health care choices regardless of the federal action taken in Washington last year.  Senate Bill 79, sponsored by Senator Mae Beavers (R-Mt. Juliet), does not seek to “nullify” any federal law, as it would allow individuals the option to participate in a federal program. However, it acknowledges the right of Tennesseans to refuse to participate in a government-run health insurance program.  The legislation, called the Tennessee Health Care Freedom Act, seeks to protect a citizen’s right to participate, or not participate, in any healthcare system in Tennessee, and would prohibit the federal government from imposing fines or penalties on that person’s decision. 

Teachers / TCRS -- The full Senate voted this week to change the method of appointment to serve on the Tennessee Consolidated Retirement System by broadening the base of Tennessee teachers eligible.  Senate Bill 102 , sponsored by Senator Dolores Gresham (R-Somerville), calls for three active teachers and one retired teacher to be appointed to the Board.  Current law requires appointment of three teachers by the Tennessee Education Association, even though an estimated half of Tennessee’s teachers belong to the organization.  The legislation, as amended, allows professional employee education groups to recommend appointees to the Speaker of the Senate and Speaker of the House of Representatives to provide greater fairness so all teachers can be considered for appointment to the TCRS Board.  

Environment / Waste Management -- The Senate Environment, Conservation and Tourism Committee heard testimony this week from Waste Management Corporation regarding the company’s shifting capital investment away from landfills and toward recycling plants known as Materials Recovery Facilities (“MRFs”).  These MRFs enable single-stream recycling which allows consumers to place all recyclables into one bin.  These materials are then separated using forced air, optical scanning, and heavy-duty magnets.   Company representatives said they are giving a priority to the recycling of organic materials such as food scraps, yard trimmings, and wood waste.  This organic waste can be turned into compost and biogas which can be burned to generate electricity.

Job Creation  / VIAM -- Governor Bill Haslam and Economic and Community Development Commissioner Bill Hagerty along with Ryuji Matsumoto, president of VIAM Manufacturing Inc., announced plans this week to locate VICAM in Manchester, Tenn. The company is a newly formed subsidiary of leading nonwoven materials producer Japan Vilene Company (JVC) to be managed by VIAM Manufacturing and utilize technology developed by Oyama Chemical. VICAM will build a facility for the production of a polyester-based carpet fiber that is expected to open in January 2012, and represents an investment of $32 million and 70 new jobs when all phases of construction are complete.

(NASHVILLE, TN), March 3, 2011 –   Education highlighted this week’s action on Capitol Hill as the Senate Education Committee approved teacher tenure reform legislation sponsored by Senate Majority Leader Mark Norris (R-Collierville) that builds on the bold initiatives passed last year with Tennessee’s First to the Top program.   The legislation is part of a package of bills proposed by Governor Bill Haslam to improve student achievement and give them more opportunities to succeed in an increasingly competitive global economy.

“This is the next step in the continuum of education reform,” said Senator Norris.  “Last year, Tennessee made great strides in First to the Top in beginning to address the unacceptably low educational attainment in our state.  In step two of these efforts, we once again have the opportunity to lead the nation in education reform by developing a system that treats teachers as professionals and recognizes the critical impact of their work.  Effectiveness must be the core criteria for gaining and retaining teacher tenure.”
  
Key Provisions of the Senate Bill 1528 include:
 Extends teacher tenure probationary period from three to five years
 Ties the teacher evaluation system to tenure eligibility and requires a teacher to score in the top two (out of a total of five) effectiveness categories on the evaluation in the two years immediately preceding becoming eligible for tenure
 Expands the definition of “inefficiency” as a grounds for dismissal of a tenured teacher to include evaluations demonstrating an overall performance effectiveness level that is “below expectations” or “significantly below expectations”
 For teachers tenured after the enactment of the new law, requires a return to probationary status after two consecutive years scoring in the bottom two effectiveness categories of the evaluation
 Moves non-renewal deadline from May 15 to June 15

"Tennessee is 46th in student overall academic achievement," said Senate Education Chairman Dolores Gresham.  "This is a situation that is completely unacceptable and makes it extremely difficult for Tennessee to create jobs. We must have an educated workforce. This is not only important to provide our students with individual opportunities for success, but is critical to the state as a whole."

The legislation uses the work of First to the Top which, in collaboration with teachers, created an evaluation system that measures teacher effectiveness.   The reform initiative passed last year requires annual evaluations using teacher effect data in teacher and principal evaluations.  The evaluation system capitalizes on Tennessee’s two decades of experience with the Tennessee Value-Added Assessment System (TVAAS) in evaluating student achievement on a year-to-year basis. 

Recognizing the importance of the teacher tenure reform measure to the state’s economy and jobs, Tennessee’s four biggest urban chambers of commerce endorsed the initiative this week.  The heads of the Chattanooga Area Chamber of Commerce, the Knoxville Chamber, Greater Memphis Chamber and the Nashville Area Chamber of Commerce wrote a letter to the governor and state lawmakers that a five-year waiting period for tenure and ongoing reviews after tenure is granted will improve the education quality of Tennessee’s teacher workforce.

“In our respective communities, we work closely with educators and community partners to improve public education,” the chambers said. “Together, we are making progress. Raising performance standards for teachers will make a strong contribution to this effort and benefit students and our communities.”

The bill now goes to the Senate floor for final consideration, while the House has scheduled the bill for a hearing in the House Education Subcommittee on March 9.

Environment Committee hears report on the health of Tennessee’s Forests

The Senate Environment, Conservation and Tourism Committee heard testimony this week from Tennessee Forestry Commission Chairman Bill Williams and State Forester Steve Scott about the health of Tennessee’s forests.  Forests cover half the state and provide more than 60,000 jobs.  They also help promote clean water, wildlife habitat and recreation for all Tennesseans.

Williams and Scott provided members of the committee with an assessment of the state’s forest and a comprehensive long-term strategy for addressing important resource issues in the state.  This includes how to preserve working forest landscapes, protecting forests from harm and enhancing public benefits from the state’s forests.

General forest condition trends on Tennessee’s private forestlands include the aging of forests and a decrease in pine forest types.  Another key concern is pests.  Tennessee’s highways and waterways are potential pathways for pest introduction and are cause for concern for several pests currently found in other regions of the continent, many of which are exotic pests.  This includes gypsy moth, emerald ash borer, and Asian longhorned beetle from the north; southern pine beetle from the south; hemlock
woolly adelgid from the east; and, thousand cankers disease from the west.

Oak decline is currently the most pervasive problem within the forests of Tennessee. The report says Western Highland Rim and the Cumberland Plateau have the highest risk, though all other areas of the state support an oak resource at risk from oak decline.

The report calls for a multi-disciplinary approach to protect the forests which includes other key stakeholders like landowners and the general public.  “The goal is to identify the highest priority areas where forest resource professionals and stakeholders can implement the most effective response to issues in those areas,” said Scott.

"Tennessee's forests are very important to the health and economic well-being of our state," said Senate Conservation and Environment Committee Chairman Steve Southerland (R-Morristown).  "All Tennesseans have a stake in making sure our forests are sustainable.  This report points us in the direction of the many opportunities we have to improve the general health of our forests. "

In Brief…

Deadly storms -- Lawmakers joined Governor Bill Haslam this week in expressing sympathy for the families of the four individuals that lost their lives as a result of Monday’s storms and flooding. Weather-related fatalities occurred in Franklin, Polk, Robertson, and Rutherford counties, according to the Tennessee Emergency Management Agency (TEMA).  TEMA and the local governments across the state are currently engaged in damage assessments of storm-damaged communities. These assessments are used to gauge whether the state will reach the qualifying thresholds for federal assistance.
Once damage assessments are compiled, Governor Haslam will be able to determine whether the situation warrants a request for federal disaster aid programs.

Sex offenders – Members of the Senate Judiciary Committee gave approval to a bill that requires registered sex offenders who reside in a halfway house or similar facility as an alternative to incarceration to register as a sex offender with the law enforcement agency that has jurisdiction over the facility.  Present law does not specify with whom an offender who is a resident of a halfway house must register.  Senate Bill 356, sponsored by Senate Majority Leader Mark Norris (R-Collierville), makes certain that all sex offenders are properly registered with the Tennessee Bureau of Investigation’s Sex Offender Registry in the locality in which they are housed. 

Teacher organizations – Two bills were approved in the Senate Education Committee this week to ensure that all teacher organizations will have access to potential recruits.  One measure, Senate Bill 1646 sponsored by Education Chairman Dolores Gresham (R-Somerville), requires local education agencies (LEAs) to give all professional employee organizations equal access to LEA employees.  The other proposal, Senate Bill 330 sponsored by Senator Jim Summerville (R-Dickson), requires the state’s public colleges and universities to give equal access to any professional educator’s organization if access to students in teacher training programs is granted.   

Drug interchange / anti-epileptic medication -- The Senate General Welfare Committee has approved a bill that allows a drug interchange to take place for anti-epileptic medication.  Senate Bill 335, sponsored by Senator Ferrell Haile (R-Gallatin), applies to cases when the prescribing physician indicates to a pharmacist that a substitution is acceptable by writing “Notify of Interchange” or “NOI” on the prescription.  Interchange will occur for only the specific prescription given to the patient and for the time period that the prescription is valid.  This bill also requires that notification to the prescriber should occur prior to dispensing, if possible, and does not apply for prescriptions written for in-patients or out-patients of a hospital, nursing home, assisted living facility or corrections facility. 

“Bath salts” / illegal drugs -- The Senate Judiciary Committee has approved legislation to add six chemical derivatives of the substance methcathinone to the list of Schedule I drugs.  Senate Bill 329 calls for violation to be subject to a Class B felony and fine of up to $100,000.  Law enforcement officials have reported a dramatic rise in the sale of the drug in some convenient stores, adult book stores and other specialty shops.  It is often known by its street name of “bath salts” and has effects similar to meth or the drug Ecstasy.  Hospitals are also seeing a dramatic increase in cases of this dangerous drug which can result in death.  The bill now goes to the Senate Finance Committee for consideration of its fiscal impact.

Knowing exposure to hepatitis – The Senate Judiciary Committee has approved Senate Bill 52, sponsored by Senator Stacey Campfield (R-Knoxville), that makes it an offense for a person with hepatitis B or C to fail to notify a person whom they engage in intimate contact with of that condition, whereby hepatitis could be transmitted.  The bill also applies to those who knowingly expose another to hepatitis by donation of blood, tissue or other potentially infectious body fluids, or through use of needles or other drug paraphernalia. 

 “No State Income Tax” Amendment -- A “No State Income Tax” constitutional amendment resolution was approved in the Senate Finance Committee this week and heard on first reading by the full Senate.  Amendment resolutions must be read three times before the State Senate can cast a final vote on the measure.  Senate Joint Resolution 18, sponsored by Senator Brian Kelsey (R-Germantown), would clarify a prohibition in the Tennessee Constitution against an income tax and payroll tax.  The proposal specifies that the legislature as well as Tennessee counties and cities shall be prohibited from passing either an income tax or payroll tax, which is a tax on employers measured by wages they pay their workers. 

Bovine (cows) / Liability – The full Senate has approved Senate Bill 339 sponsored by Senator Ferrell Haile (R-Gallatin), related to the liability of owners of cows.  The bill is modeled after the Equine Limited Liability Law for horses which limits the liability of equine professionals and event organizers in case of injury or death resulting from the risks inherent in participating in equestrian activities. The legislation provides that in the event someone is injured on the bovine owner’s property as a result of that individual’s negligence or the unpredictable behavior of the cow, the owner is exempted from being held liable provided signs are posted regarding the limitation of liability.

Fallen heroes – Legislation was approved by the full Senate on Thursday calling for counties and cities to fly Tennessee’s flag at half-staff when the governor declares a day of mourning for armed services members who have died in the line of duty.  The measure, Senate Bill 34, expands on  Public Chapter 169 which was approved last year.  That new law proclaims a day of mourning in honor of these fallen heroes and calls for their names to be recorded in the journal of the Senate and House of Representatives. 

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(NASHVILLE, TN), February 24, 2011 -- Legislation to protect the freedom of Tennessee patients to make their own health care choices, regardless of the federal health care action taken in Washington last year, passed the Tennessee Senate this week.  The 21-10 vote fell mostly along party lines with Republicans voting in support of the measure. 

Called the “Tennessee Health Freedom Act,” Senate Bill 79 would protect a citizen’s right to participate, or not participate, in any healthcare system, and would prohibit the federal government from imposing fines or penalties on that person’s decision.  The legislation does not seek to “nullify” the federal law, as it would still allow individuals the option to participate in the program. However, it acknowledges the right of Tennesseans to choose not to participate in a government-run health insurance program.

 “The citizens of Tennessee believe they should be able to choose whether or not they want to participate in a federal health care plan,” said Senate Judiciary Chairman Mae Beavers, who sponsored the bill.  “That is what this bill seeks to accomplish.  It also provides a remedy to fight back against the overreach of federal power on the private lives of our citizens.”

Financial experts predict that the federal healthcare plan will consume any anticipated growth in Tennessee’s revenues once the economy recovers, crippling the state’s ability to make future improvements in critical needs like education, job investment and public safety.  The federal health care law will also penalize citizens beginning in 2014 if they do not buy insurance.  Those penalties are expected to be approximately 2.5 percent of a citizen’s taxable income by 2016 if citizens do not purchase health care insurance under the federal health care law requirements. 

“We are talking about stiff penalties for citizens if individuals do not purchase health care insurance,” added Beavers.  “This will put a heavy burden on citizens who are already struggling to make ends meet.  Never in our history has the U.S. government required its citizens as a condition of residency to purchase a particular product from a private company or government entity.  I am very hopeful this legislation will pass the House of Representatives soon and become law in Tennessee.”

Health Care Compact -- In other related action, the Senate Government Operations committee recommended passage of Senate Bill 326 calling for Tennessee to join an interstate compact with the express purpose of returning the responsibility and authority for regulating health care to the states.   Eleven states have already introduced the “Health Care Compact” during their 2011 sessions, while 33 states are actively looking at the measure. 

The Health Care Compact provides a legal framework in which states can create their own healthcare systems. It essentially provides a permanent waiver to each member state to create whatever healthcare regulations the legislature deems best for the citizens of that state.  The structure protects Medicare and Medicaid funding by allowing member states to access federal tax revenues directly and without strings attached.

 “One size does not fit all,” said Senator Mae Beavers, sponsor of the bill.   “States have different needs which are not recognized in the federal mandates passed by Congress last year.  The Health Care Compact does not mandate how each state will handle health care within their boundaries.  It leaves them to decide how to create a system that fits their needs, providing greater accountability and more flexibility in delivering citizens a more efficient and effective system.”

Legislation aims to end conflicts of interest on Tennessee’s Boards and Commissions

The full Senate voted 23 to 8 this week to approve legislation which aims to end conflicts of interest on Tennessee’s Boards and Commissions.  Senate Bill 237 prohibits individuals serving on state boards, commissions or other governmental entities from being registered lobbyists, during their membership term and one year following the end of the term, with any organization whose business activities are regulated by these state entities. The legislation also requires members of the state entities to be Tennessee residents.

There are approximately 250 boards and commissions currently in operation in the state covering a wide variety of matters and involve oversight for various professions in the state from real estate and health care to athletic training and funeral homes.  The Ethics Commission would be responsible for assessing any civil penalties or violations under the measure.

“Members of the Senate Government Operations Committee are serious about insuring the integrity of our state's boards and commissions,” said Senator Bo Watson, Chairman of the Government Operation Committee.  “This bill is a result of a full year of study, review and analysis."

In separate action, the Senate Education Committee voted this week to change the method of appointment by broadening the base of Tennessee teachers eligible to serve on the Tennessee Consolidated Retirement System.  The bill calls for three active teachers and one retired teacher to be appointed to the Board. 

Current law requires appointment of three teachers by the Tennessee Education Association, even though an estimated half of Tennessee’s teachers belong to the organization.  The legislation, as amended, allows professional employee education groups to recommend appointees to the Speaker of the Senate and Speaker of the House of Representatives.

 “This legislation is part of our efforts to ensure that qualifications do not take a back seat to being a dues paying member of a particular special interest organization in order to be appointed to a board or commission in Tennessee,” said Chairman Dolores Gresham, sponsor of the bill.  “Those types of requirements, whether it is for teachers or any other professional association, leave qualified citizens out of consideration.  Being active in an organization could be helpful as part of qualification factors and we have that recommendation now through adoption of the amendment.  However, without a compelling reason why an appointment should be required to be from members of a particular special interest organization, the appointing authority should be able to choose any citizen, or, as in this case, a teacher who is qualified.”

The Senate Government Operations Committee has found significant inconsistency on Tennessee’s boards and commissions in the various state laws regarding appointments.  Some require specific organizations, while others just ask for recommendations from a particular group.

Senate Judiciary Committee debates legislation strengthening penalties against child sex predators and human trafficking

The Senate Judiciary Committee has approved legislation aiming to close a loophole in state law that has allowed child sexual predators to escape prosecution on a technicality. The bill, Senate Bill 69, adds wording to Tennessee law to ensure that law enforcement in the state posing as minors can be used to prosecute cases where sexual predators use electronic means to solicit those under the age of 18. 

“This bill closes the loophole in state law to ensure these predators are prosecuted regardless of the mode of communication they use to solicit a child,” said Senator Doug Overbey (R-Maryville), sponsor of the bill.  “We must make every effort to take those who prey on children off the streets.”

Currently it is a Class E felony for a person 18 years of age or older intentionally to persuade a minor to engage in sexual activity by electronic communication, mail or Internet service, or to display pornographic material through these means. If the minor is less than 13 years of age, a violation is a Class C felony.

According to the Administrative Office of the Courts, there have been 51 convictions in
the past four years for sexual activity or attempted sexual activity and solicitation of
sexual activity involving a minor.  The bill now goes to the Senate Finance, Ways and Means Committee for consideration of the fiscal impact.

Committee members debated but deferred voting on a separate bill designed to attack the growing problem of child prostitution and human trafficking in Tennessee.  The legislation would enhance penalties against those who patronize or promote the illegal act, as well gives law enforcement powers to impound a vehicle used in the commission of the offense. 

Currently, patronizing prostitution is a Class B misdemeanor in Tennessee, unless the crimes are committed within 100 feet of a church or 1.5 miles of a school, which is punishable as a Class A misdemeanor.  The legislation would make patronizing prostitution from a person who is younger than 18 years of age or is mentally handicapped a Class E felony.  Penalties for promoting prostitution would be increased from a Class E to a Class D felony when a minor is involved, under the bill. Additionally, the proposal specifies that if it is determined that persons charged with prostitution are under age 18, they would be immune from prosecution for prostitution and be subject to the protective custody of the Department of Children’s Services. 

“These predators and criminal gangs target children because of their vulnerability, as well as the market demand for these young victims,” added Overbey.  “That is why it is so important to strengthen penalties against those who exploit them.  It is intolerable that in 2011, this crime is growing rather than decreasing.  We must begin to take the steps needed to address it.”

The Legislature’s Joint Committee on Children and Youth heard testimony last fall from the Tennessee Bureau of Investigation that law enforcement agencies have seen a “dramatic increase” in the crime recently.  In November, federal authorities broke up a human trafficking ring that provided underage prostitutes involving 29 Somali men and women with ties to outlaw gangs. 

The National Center for Missing and Exploited Children reports that one in four children who run away are approached for commercial sexual exploitation within 48 hours of leaving home.  

Tennessee Consolidated Retirement System is in stronger financial position than most state pension plans

Tennessee’s Consolidated Retirement System (TCRS) is in a stronger financial position than most other state pension plans according to testimony by State Treasurer David Lillard before the Senate Finance Committee this week.  The system undergoes an actuarial valuation every two years by an independent actuary to determine the appropriate employer contributions so that the system is financed on an actuarial sound basis. 

More than 480 cities, counties, utility districts, emergency communications districts, special school districts and other government subdivisions have opted to cover their employees in TCRS.  There are more than 214,000 active members and 112,133 retired members participating the retirement system, making it the 26th largest public pension fund in the nation and is the 77th largest pension fund in the world.  The TCRS has assets of more than $32 billion.

While the economic downturn has placed many state’s pension plans in serious peril, TCRS is considered one of the best-funded retirement plans in the nation.  The system has received a AAA long-term rating and an A-1 (+) short-term rating by Standard and Poors, the highest possible ratings issued by the nationally-recognized rating agency.  The actuarial valuation reported a combined state and teacher funding ratio of over 90 percent.   

Every General Assembly since 1975 has fully funded the TCRS at the actuarially recommended rate.  Some states only finance a portion of their actuarially required contributions, which is a big contributing factor to future financial solvency problems.

“Tennessee has taken a conservative approach to financing our pension costs,” said Senate Finance Committee Chairman Randy McNally (R-Oak Ridge), who is a long-time member of the TCRS Board.  “We also utilize a conservative investment strategy as opposed to states who have taken more risks in their portfolios.  I am proud of the work done by our system officials and Treasurer Lillard.  It has paid off in the long run as we weather these tough economic times.”

Judiciary Committee approve resolution that would let citizens vote on whether they want an elected State Attorney General

The Senate Judiciary Committee voted this week to approve a resolution that calls for Tennessee voters to decide whether they want to elect the state’s Attorney General (AG).  Presently, the AG is appointed by Tennessee’s Supreme Court judges.

“Tennessee is the only state in the nation in which the citizens have neither a direct nor indirect voice in the selection of our state’s Attorney General,” said Senator Mae Beavers, sponsor of the bill.  “While forty-three states elect their attorneys general through popular election and six through a gubernatorial appointment system with appropriate checks and balances, Tennessee’s Constitution allows for selection of our state’s highest legal officer by the Tennessee Supreme Court.”

Senate Joint Resolution 23 would amend the state’s Constitution to allow a popular election every four years.  The amendment process would require approval by both the 107th General Assembly currently in session, and the 108th, which will take office in 2013.  If approved, the question would then go to voters in a statewide referendum in the year 2014. 

In Brief…

Bovine (cows) / Liability – Senator Ferrell Haile (R-Gallatin) guided Senate Bill 339 related to liability of owners of cows through the Senate Judiciary Committee this week.  The bill is modeled after the Equine Limited Liability Law for horses which limits the liability of equine professionals and event organizers in case of injury or death resulting from the risks inherent in participating in equestrian activities. The legislation provides that in the event someone is injured on the bovine owners’ property as a result of that individual’s negligence or the unpredictable behavior of the cow, the owner is exempted from being held liable if signs are posted regarding the limitation of liability as set forth in the bill.

FFA Presentation – Leaders of Tennessee’s FFA (formerly Future Farmers of America) organization gave a presentation on the Senate floor on Thursday regarding the “infinite potential” of the state’s young advocates for agriculture education.  The FFA envisions a future in which all agricultural education students will discover their passion in life and build on that insight to chart the course for their educations, career and personal future. 
FFA makes a positive difference in the lives of students by developing their potential for premier leadership, personal growth and career success through agricultural education.

Transportation needs -- The American Council of Engineering Companies (ACEC) testified before the Senate Transportation Committee this week regarding Tennessee’s road funds.  The group said that for every $1 of transportation investment, $1.80 is generated of near term GDP (gross domestic product).  Tennessee’s good roads have helped attract industries like Nissan, Volkswagen and Hemlock.  ACEC is concerned about future transportation funding in the state, with a $2 billion gap between identified needs and anticipated revenues over the next decade.  Since 1992, the cost of highway construction has risen as much as 50 percent in Tennessee and 80 percent nationwide.  

Handgun Permits – The Senate Judiciary Committee has approved a bill which exempts handgun carry permit holders from the criminal background check requirement when purchasing a firearm if the permit was issued or renewed not more than five years prior to the transaction date.  The bill, Senate Bill 306, is sponsored by Senator Steve Southerland (R-Morristown).

Parents Rights / Notification – Members of the Senate Judiciary Committee voted in favor of Senate Bill 86 this week to extend from 60 to 90 days the notification period a parent must give to the other parent regarding relocation.  The bill applies to a parent who is relocating outside the state or more than 100 miles from the other parent within the state, which must notify the other parent of the relocation by registered or certified mail.   The bill is sponsored by Senator Stacey Campfield (R-Knoxville).

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 (NASHVILLE, TN), February 18, 2011 – Senate and House Republican leaders stood with Tennessee Governor Bill Haslam this week as he announced a legislative package that focuses on preparing Tennessee students for the workplace.  Haslam’s legislative proposals also include key legislation to address needed changes in Tennessee’s civil justice system.

“We must focus on a better educated workforce to provide the jobs of the future and make Tennessee the number one location for economic development in the Southeast,” said Senate Republican Caucus Chairman Bill Ketron (R-Murfreesboro) “However, in order to draw the kind of jobs that are going to give our citizens that competitive edge in the global economy of the 21st century, we must provide a world class education for our students. That is why the education reform measures pending before the legislature this year are so important to the success of our students and to the state as a whole.”

Almost two-thirds of the estimated 15.6 million net new jobs created in the U.S. over the next few decades will be in occupations that require at least some post-secondary education or considerable on-the-job training. The majority of these opportunities are for workers with education and training beyond high school.  The fastest-growing occupations are in high-tech math and science fields like network systems and data analysts, software engineers, financial advisors, and healthcare workers.  

Legislation in Governor Haslam’s package include proposals to:
•    Make tenure tied to classroom performance; extend probationary time from    three to five years
•    Lift the cap on charter schools and allow open enrollment
•    Allow the state’s Achievement School District (part of First to the Top) to authorize charter schools
•    Extend use of the lottery scholarship for summer courses and cap the total number of hours based on required degree completion

Similarly, Governor Haslam’s legislative package offers proposals to establish limits on non-economic damages for both health care liability actions and other personal injury actions.  The bill places limits on punitive damages and clarifies standards for assessing such damages, as well as the venues in which a legal action can be filed.

The proposed cap on non-economic damages is $750,000 per injured plaintiff outside of the health care liability context and $750,000 per occurrence in the health care liability context.  The proposed cap on punitive damages is $500,000 or two times compensatory damages, whichever is greater.  The legislation also proposes replacing the term “medical malpractice” with “health care liability action.” 

Commerce Committee hears testimony regarding impact of Obamacare/ Tennessee Health Freedom Act Clears first hurdle

The impact of President Obama’s health care plan passed by Congress last year headlined this week’s Commerce Committee agenda as members were briefed on the next steps required to implement the “Patient Protection and Affordable Care Act” in Tennessee.  The plan is expected to cost the state $1.2 to $1.5 billion by 2018, with the most significant impact of the Obama health care plan to the state taking place in the 2013-14 budget year.

Unless other action is taken at the federal level, Tennessee will begin planning “ramp-up” initiatives at the state level immediately to implement the federal law.   Three key Senate Committees are closely watching developments regarding the implementation of the plan in the state.  The Senate General Welfare, Health and Human Services Committee is taking a broader and more comprehensive look at all aspects of the new law, including how it may impact demand for healthcare services.  The Senate Commerce Committee is focusing on the new health insurance requirements that were enacted under the new federal law.  The Senate Government Operations Committee will be monitoring any new rules or regulations proposed in conjunction with the plan. 

Much of the federal health care initiative will be put into place through rules and regulations as mandated by the federal government, rather than legislative action at the state level.  A federal mandate for mandatory health insurance coverage is scheduled for 2014.  This is also when state-based health care insurance exchanges must be operational.  There must be an exchange for businesses with no more than 100 employees, referred to as the Small Business Health Option Program (SHOP), and a non-group market exchange.  

In fiscal year 2015-16, the federal match rate for the plan will change, shifting more of the cost burden to states.  In 2018, the federal tax will be levied on “Cadillac health plans.”

Members of the committee also heard testimony regarding the impact of the new federal law upon our state's health care workforce.  There is potential for a sudden increase in demand for services without any significant rise in the supply of health care providers. The supply question will be of great importance by 2014 when every citizen will be required to purchase health insurance, including those who have previously been denied coverage due to a pre-existing condition.

Health Freedom Act clears first hurdle -- In related news, the Tennessee Health Care Freedom Act cleared its first hurdle this week with approval from the Senate Commerce Committee.  The bill would allow Tennessee patients to make their own health care choices, regardless of the federal action taken in Washington last year. 

Senate Bill 79, sponsored by Senator Mae Beavers (R-Mt. Juliet), does not seek to “nullify” any federal law, as it would still allow individuals the option to participate in a federal program. However, it acknowledges the right of Tennesseans to refuse to participate in a government-run health insurance program.  The legislation seeks to protect a citizen’s right to participate, or not participate, in any healthcare system in Tennessee, and would prohibit the federal government from imposing fines or penalties on that person’s decision. 

Legislation would abolish teachers’ unions’ ability to negotiate terms and conditions of professional service with local boards of education

On Wednesday, the Senate Education Committee voted to abolish teachers’ unions’ ability to negotiate terms and conditions of professional service with local boards of education.   The legislation, Senate Bill 113, would delete provisions of state law put into place in the 1970’s which set apart this right for teachers’ unions.  No other public employees in the state can use collective bargaining.

The legislation would not affect current teacher contracts as clearly defined by the bill. As a result, the salaries and benefits of educators will not decrease upon passage. 

Currently, there are 44 school systems that are not involved in the collective bargaining process.  These systems report a collaborative, cooperative relationship that exists among teachers, school boards, and superintendents.  They also have comparable or slightly higher teacher compensation packages. 

An absence of collective bargaining would guarantee the right of every teacher to have his/her voice heard, not solely those of union members through a union leader.  The bill is sponsored by Senator Jack Johnson (R-Franklin).

Tennessee Senate Judiciary Committee Passes E-Tracking Legislation To Help Fight Meth Production

The Tennessee Senate Judiciary Committee passed Senate Bill 325 this week, which calls for the implementation of a statewide, industry-funded electronic tracking system.  The system, called NPLEx (National Precursor Log Exchange), would monitor and block illegal purchases of over-the-counter cold and allergy medicines containing pseudoephedrine (PSE), a key ingredient in methamphetamine production.

“I commend the Senate Judiciary Committee for supporting a solution that will prevent illicit methamphetamine production in Tennessee while maintaining consumer access to important cold and allergy medications,” said Senator Mae Beavers (R-Mt. Juliet), the bill’s sponsor and chairman of the Senate Judiciary Committee. “E-tracking is the only solution that will stop illegal sales of pseudoephedrine products by providing a real-time, preventive system in every Tennessee pharmacy.”

There is currently no mechanism in place in Tennessee to block illegal PSE sales in real time, as many pharmacies and retailers rely on handwritten, paper logbooks to track purchases. As a result, criminals have learned to circumvent the current system. The bill would provide a secure, interconnected electronic logbook that allows pharmacists and retailers to refuse an illegal sale based on purchases made elsewhere in the state or beyond its borders.

“Most importantly, electronic tracking preserves access to the trusted medicines that many Tennesseans rely on and trust for cold and allergy relief,” continued Sen. Beavers.

E-tracking, which has been adopted by 12 states nationwide, will give local law enforcement officials a powerful investigative tool to track meth production across state lines. E-tracking allows law enforcement to find previously undiscovered meth labs and helps them identify meth cooks.

“No State Income Tax” Amendment clears first hurdle

A “No State Income Tax” constitutional amendment cleared its first hurdle in the legislature this week with approval from the Senate Judiciary Committee.  The amendment, sponsored by Senator Brian Kelsey (R-Germantown), would clarify a prohibition in the Tennessee Constitution against an income tax and a payroll tax. 

The proposal, Senate Joint Resolution 18, specifies that the legislature as well as Tennessee counties and cities shall be prohibited from passing either an income tax or a payroll tax, which is a tax on employers that is measured by the wages they pay their workers.  A payroll tax has been proposed as a way around an income tax, and a 2.5 percent payroll tax was proposed in recent years by elected officials in Shelby County.  Kelsey won passage of the resolution by a vote of 25-7 last year in the Senate, but the resolution stalled in a House Subcommittee during the waning days of the 2010 legislative session.  

Lawmakers unveil plan to combat illegal immigration

A group of Republican lawmakers, including Senator Bill Ketron (R-Murfreesboro), Senator Jack Johnson (R-Franklin) and Senator Jim Tracy (R-Shelbyville) unveiled a comprehensive plan this week to combat illegal immigration in Tennessee. The plan calls for three distinct principles to address different areas of the law that need to be strengthened in order for private businesses and state and local law enforcement agencies to have the authority to effectively deal with illegal immigration.

The proposals include the “Lawful Immigration Enforcement Act” which calls for state and local law enforcement to determine the legal status of an individual in question in the course of a lawful stop.  If the individual is determined to have unlawful status, authorities must detain and turn over the individual to Immigration and Customs Enforcement (ICE). 

Another proposal, called the “Eligibility Verification for Entitlements Act” would give state agencies authorization to verify the lawful status of an alien in Tennessee.
Any person found to be an unlawful alien would be prohibited from receiving any benefits.

Finally, another proposal calls for employers—both public and private—to submit the names and Social Security numbers of employees hired after October 1, 2011 to the federal Department of Homeland Security for verification.  The “E-Verify” system is 97.4 percent accurate.  Currently, over 4,000 Tennessee businesses participate in the E-Verify system.

Bills in Brief

Tennessee’s finances among best in nation  – State Comptroller Justin Wilson briefed members of the Senate Finance Committee this week Tennessee regarding the state’s financial status.  Tennessee's general obligation bond debt burden of about $300 per person is one of the lowest in the country.  This is compared to local government in the state, some of which owe more than 10 times as much and the federal government, which owes more than 100 times as much per person according to Wilson.  Financial experts have placed Tennessee among the best states in the nation in terms of low indebtedness and unfunded liabilities.

Photo Identification -- On Monday, the full Senate passed Senate Bill 16 which requires voters to present valid photo identification when at the polls. The bill is designed to reduce voter fraud and provides exemptions for those voting absentee, overseas, in nursing homes and for the infirmed and indigent, who may not be able to obtain proper identification.  The bill is sponsored by Senator Bill Ketron (R-Murfreesboro).

(NASHVILLE, TN), February 9, 2011 -- It was a busy start to the first week of the regular 2011 legislative session as the State Senate acted on two significant bills and discussed a wide variety of other important issues facing the General Assembly this year.  In addition, the state’s Funding Board, which is comprised of Tennessee’s top economic experts, met to give lawmakers and Governor Bill Haslam their projections of what Tennessee’s revenue growth will be in order to plan the state budget.

The budget was also the topic of discussion in the Senate Finance Committee.  Revenues are beginning to show signs of improvement, but not only will it not be enough to restore reductions that have already been made, chances are that more will be required.  The Funding Board estimated the general fund revenues could be up to $162 million more than expected this budget year.  However, when the budget was passed in June, it recognized a $185 million recurring imbalance.  The additional revenue growth will help close that gap, but when you factor in the mandatory improvements that have to be made, it is not enough to balance the budget. 

Last week, Governor Haslam held public hearings on the budget of each department which had been asked to provide for additional reductions of one to three percent. Those come on top of major cuts made in previous years, including those that were offset by federal stimulus funds.  The new governor will now sort through their proposals over the next few weeks as he prepares his budget for delivery to the General Assembly next month.

Memphis / Shelby County Schools -- The full Senate approved legislation sponsored by Senate Majority Leader Mark Norris (R-Collierville) this week which maps out an orderly process for transferring the responsibilities of a special school district to the county school system, if the result of the transfer doubles the current student population.  The action was taken to ensure a necessary and orderly transitional process if Memphis voters decide on March 8 to surrender their special school district charter and combine 103,000 students into the 47,000-student Shelby County School system.  That action would make the school district the 16th largest in the United States.

The effort to consolidate the schools is based on a vague state law put into place many years ago which has never been used.   

“There has never been a consolidation of this magnitude,” Norris said.  “Given the magnitude of this undertaking and the potential consequences of it upon tens of thousands of Tennesseans, the rationale of this bill before you is compelling.  It is hoped that it provides a roadmap to a plan for unity, balance and transition which if approved by those directly affected best assures a quality education, a stable tax base and a productive environment.”

The legislation, Senate Bill 25, requires a 21-member Transition Planning Commission to be appointed that would be tasked with formulating and submitting a transition plan guaranteeing the rights of the affected employees and students.  The Commission must also come up with a strategy for integrating the two school systems. 

Election Fraud / Photo Identification – The Senate State and Local Government Committee approved a bill this week that seeks to ensure fair and honest elections in Tennessee.  The legislation, Senate Bill 16, requires photo identification to make certain that those voting are both legal residents and indeed the person registered to vote. 

Under the proposal, various forms of photo identification could be used, including a driver’s license, military identification, a valid passport, various forms of government employee identification cards, and any federal and state-issued identification cards that contain a photograph of the voter.  Nine other states have such requirements. 

“Tennesseans are required to show photo identification for everything from renting a movie or boarding a plane to making a purchase at the mall or cashing a check, and we do it without complaint,” said Senate Republican Caucus Chairman Bill Ketron (R-Murfreesboro).  “So why shouldn't we do the same for something as precious as the right to vote?”

The legislation provides that a voter who is indigent and cannot afford to get proof of identification, or has a religious objection to being photographed, could vote by signing an affidavit of identity.  It also provides a recourse for voters without photo identification to cast a vote through a provisional ballot.  This safeguard ensures that these voters will have their votes counted after officials verify that person’s valid identification.

In addition, Tennesseans age 65 and older have the right under state law to vote absentee by mail.  Therefore, these citizens can choose to vote by absentee ballot if they do not have photo identification and do not want to obtain one.  Although this option is available, Ketron is drafting an amendment to the bill to exempt citizens born prior to 1945 from having to produce photo identification.

State Elections Coordinator Mark Goins, who testified in favor of the bill in the Senate State and Local Government Committee this week, said that he has discovered more than 10,000 felons on Tennessee’s voter rolls. They were able to identify several hundred of those who had actually voted in an election. In addition, the Coordinator said that thousands of individuals are registered not only in Tennessee but also in other states. 

“The process of electing our leaders is one of our most important duties as citizens. Many brave Americans fought and died for us to have this right, Ketron added.  “It is the cornerstone of our democracy.  We must make every effort to ensure that our elections are fair and honest.”

Gavel-to-Gavel Television Coverage of Tennessee General Assembly Now Available on Public Television’s Tennessee Channel

Tennessee citizens can now view gavel-to-gavel television coverage of their legislature in action with statewide broadcast on Public Television’s “Tennessee Channel.”  The broadcast will feature comprehensive live and taped-delayed floor proceedings, as well as committee meetings and other joint conventions, for the first time in state history. 

"The availability of our legislative proceedings on public television builds on our efforts to make government more transparent by providing more information online," said Lt. Governor Ramsey (R-Blountville).  "Freedom basks in sunshine.  The cornerstone of this freedom is transparency in government, and as technologies have advanced, so has our ability to bring government directly into the homes of our citizens.   I look forward to working with our public television stations in order to provide widespread coverage of our committee meetings and legislative sessions."
 
The Tennessee General Assembly offers extensive information through its Internet website, winning the state the national “Online Democracy Award” for providing it in a user-friendly format. The legislature was also awarded the Digital Governance Award for Leadership in Digital Access for “strong government transparency and public access improvements.”

Tennessee Public Television Stations include:  WCTE/Cookeville, WTCI/Chattanooga, East Tennessee PBS WKOP/Knoxville and WETP/Sneedville, WLJT/Martin, WKNO/Memphis and WNPT/Nashville.

Citizens can check with their local public television station for the weekly schedule of legislative coverage. 

AAA commends legislature for its work on road safety

Tennessee has made significant progress in addressing some of the most pressing road safety concerns according to representatives of the AAA Auto Clubs of Tennessee who testified in the Senate Transportation Committee this week.  Don Lindsey of AAA East Tennessee and Kevin Bakewell of the AAA Auto Club South said, “Our state’s leadership has steered us to safer roads” over the past decade enacting policies to keep motorists safe.

The officials praised the laws passed by the General Assembly to improve teen driving, safety belt use, and child passenger fatalities.  They said those efforts combined improved road safety and have resulted in the lowest number of deaths on Tennessee’s roads since the 1960s.  The group, however, cited concern with last year’s increase in the number of deaths, including 13 more motorcyclists and 15 more pedestrians killed compared to the previous year.  

Bakewell and Lindsey also said two more recent state laws also have much promise in improving road safety in Tennessee.  These include the ban on texting while driving passed in 2008 and the 2010 law increasing the use of ignition interlock devices for DUI offenders.

Research shows that although 82 percent of Americans surveyed say distracted driving is a serious problem, 24 percent admitted to reading or sending text messages while driving. 

 “Texting is just a quantum leap above (cell phones) in how much it distracts a driver,” said Senate Transportation Committee Chairman Jim Tracy (R-Shelbyville), who sponsored the law.  “It takes your eyes off the roads for at least four to five seconds at a time.  All it takes is two seconds to have a crash.”

The ignition interlock bill broadens the circumstances in which a judge can require the devices to be installed on vehicles of convicted drunk drivers.  The AAA representatives said the “long real-world experience reveals a significant reduction in recidivism among DUI offenders required to use the interlock device.”  They claim the effect continues for some time after the device is allowed to be removed by the court.

The percentage of alcohol-related fatalities is around thirty percent in Tennessee according to preliminary figures.  This means that, in 2010, approximately 300 Tennesseans died in crashes involving drivers with some amount of alcohol in their system, according to these experts.

Issues in Brief

Education / Waiting for Superman – State Senators, education stakeholder and other invited guests attended a viewing of the new film Waiting for Superman this week.  The film explores the lives of several students who are trying to make it through the public school system. Many of these students are stuck in a system with inferior schools that do not work, called drop-out factories.  The film also explores resistance by the system for reform.  After the viewing, which was organized by Senator Brian Kelsey (R-Germantown), a panel participated in a meaningful discussion regarding the film’s findings and education reform efforts.  “You can’t watch this film without being moved to tears,” said Senator Kelsey.  “My hope is that members were also moved to action on important reforms like charter schools, equal opportunity scholarships, and changes in tenure and collective bargaining.” 

Healthcare Compact -- Lt. Governor Ron Ramsey (R-Blountville) and Senator Mae Beavers (R-Mt. Juliet) held a press conference this week calling for Tennessee to join an interstate compact with the express purpose of returning the responsibility and authority for regulating health care to the states.   The Health Care Compact, Senate Bill 326, provides a legal framework in which states can create their own healthcare systems as an alternative to the federal healthcare law passed by Congress last year. The structure protects Medicare and Medicaid funding by allowing member states to access federal tax revenues directly and without strings attached. Beavers said the combination of a secure funding stream and maximum flexibility for state legislators will create the conditions for multiple solutions to emerge to the health care crisis.

Mesolthelioma Awareness – The Senate General Welfare, Health and Human Services Committee voted this week to designate September 26, 2011, as "Mesothelioma Day" in
Tennessee in order to promote increased public awareness about Mesothelioma, its causes, symptoms, and the need for effective treatments for the disease.  Mesothelioma is a rare but deadly form of cancer, mostly due to exposure to asbestos, which involves cells that line an organ, usually the lungs, abdominal organs, and heart.  There are approximately 2,500 and 3,000 new cases of mesothelioma diagnosed each year.  The bill, Senate Joint Resolution 13, is sponsored by Senator Doug Overbey (R-Maryville).

Fallen heroes – Legislation was approved by the full Senate on Thursday calling for counties and cities to fly Tennessee’s flag at half-staff when the governor declares a day of mourning for armed services members who have died in the line of duty.  The measure, Senate Bill 34, expands on  Public Chapter 169 which was approved last year.  That new law proclaims a day or mourning in honor of these fallen heroes and calls for their names to be recorded in the journal of the Senate and House of Representatives. 

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       (NASHVILLE, TN), January  13, 2011 --  The 107th General Assembly has begun as state lawmakers gathered on Capitol Hill on Tuesday to take the oath of office, elect officers and organize the business of the 2010-2011 legislative sessions. 

     Families and friends crowded the Senate chamber and watched proudly as 17 of the State Senate’s members took the oath of office, which was the first order of business during the organizational session.  The Majority Caucus welcomed four new members to the Senate:  Senator Stacey Campfield (R-Knoxville), Senator Ferrell Haile (R-Gallatin), Senator Mike Bell (R-Riceville) and Senator Jim Summerville (R-Dickson). 

     The second order of business was the re-election of Ron Ramsey as Lt. Governor.  This will be the third term of office for Ramsey, who also serves as Speaker of the Tennessee Senate.

     “This is an exciting and challenging time for our state and our nation,” Ramsey told the Senate afterwards.  “We stand at the beginning of a new decade and a new era in Tennessee.  There is a new Governor and new leadership in the House of Representatives. It is the individuals in this chamber who will provide the experienced, successful leadership to guide our state.”

     Ramsey cited a mandate from voters to reduce the size of state government; control spending; ease burdens on taxpayers; have a renewed focus on job creation; provide more education choices for parents; and collaborate with sister states to make the federal government protect state jobs and borders.  He also noted the difficult budget challenges which lawmakers face during the 107th General Assembly, as well as the task of reapportionment which comes every ten years after the federal census.

     “Tennessee has a bright future ahead of her as long as we remain dedicated to job creation and Tennessee’s traditions of faith and family.  Together we can make that future a reality,” he concluded.

     A few yards down the hall from the second floor Senate chambers, the House of Representatives witnessed the election of the first woman to be elected Speaker in Tennessee, Representative Beth Harwell.  The historic action marks the first time in state history that a Republican governor will have Republican speakers and majorities in both the Senate and House of Representatives.

     The organizational week ends with the inauguration of Tennessee’s new governor, Bill Haslam.  The General Assembly will then stand in a brief recess to allow for office assignments.    

General Assembly elects State Comptroller and Treasurer

     The opening organizational week was also marked by re-election of two of the state's three constitutional officers, Tennessee Treasurer David Lillard and Comptroller Justin Wilson.  The state’s Constitution provides that the legislature selects those offices in a joint session during the organization session of each General Assembly, which occurred on Wednesday.  Secretary of State Tre Hargett does not stand for election until the 108th General Assembly convenes in 2013, as that office is elected for a four-year term.

     "All of our constitutional officers have earned tremendous respect from the General Assembly during their first two years in office,” said Senate Majority Leader Mark Norris (R-Collierville).  They have been a tremendous asset to Tennessee and we are looking forward to working with them in the 2011-12 legislative sessions.”

     Among many other duties, the Comptroller audits state agencies and county governments to ensure they are run efficiently and in accordance with the purposes set by state law. The Treasurer accounts for the state's finances, including its investments and pension funds.  The three constitutional officers also serve on several key boards, such as the State Building Commission, which maintains all state-owned public buildings, and the Funding Board, which is responsible for projecting how much revenue the state will collect for budgeting purposes.

     Lillard, an attorney and past president of the Tennessee County Commissioners Association, has extensive experience in municipal finance issues, securities and bonds, and investment oversight before becoming Treasurer in 2009.  Wilson is former Deputy Governor of Tennessee and has vast experience with fiduciary matters in law, business and charitable organizations before taking the helm in the Comptroller’s office two years ago. 

Budget tops list of issues for 2011 legislative session

     With organizational tasks out of the way, the 107th General Assembly can now get to work on the important issues facing Tennessee as the new legislative session begins.  Although the budget will be the predominant driver for legislative action this year, other key issues expected to be on the legislative agenda in 2011 are unemployment and job creation, education, shoring up the state’s lottery scholarship fund, and immigration reform. 

     Nearly $2 billion in nonrecurring funds has helped Tennessee's 2010-2011 budget recover from recession-related revenue shortfalls.  With those funds now expiring and unemployment remaining high, lawmakers must tighten the belt to weather the economic storm.

     “Unlike Washington, Tennessee is constitutionally bound to balance the budget,” said Senate Finance Chairman Randy McNally (R-Oak Ridge).  “The current economic condition means lawmakers must be vigilant to make sure that taxpayer dollars are spent in the most efficient and effective manner possible.”

     The General Assembly adopted a plan to address the $1.7 billion budget gap in multiple budget cycles with expenditure reductions, future revenue growth, limited revenue measures and the use of one-time funding to help balance the budget.  Lawmakers hope these measures have provided a smoother transition to a smaller budget.  The legislature will get a clearer budget picture when Governor Haslam presents his state spending proposal to the General Assembly, which is expected in late February or early March. 

     On job creation, Senate Majority Caucus Chairman Bill Ketron (R-Murfreesboro) said Republican lawmakers will continue to defend the rights of small business owners against any further efforts to place government mandates on companies within state boundaries.  Governor-elect Haslam has also announced that he will be proposing a job creation program during the next legislative session.

      “We must lessen the bureaucratic burden on our citizens and businesses so we unleash the potential and the ingenuity of our citizens to grow Tennessee jobs,” said Senator Ketron.  “Tennessee must be aggressive in bringing new jobs to the state.  This includes keeping Tennessee a business-friendly state by holding down taxes and government red tape.  Senate Republicans have worked diligently to resist efforts to erode Tennessee’s business-friendly status.” 

     The nation’s jobless rate has been nine percent or higher longer than any post-World War II period. 

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