March 6, 2008

Contact:  Darlene Schlicher (615) 741-6336 or email:  darlene.schlicher@legislature.state.tn.us

Immigration reform bills highlight Capitol Hill Week

(NASHVILLE, TN), March 6, 2008 -- Legislative efforts by Republicans in the fight for common-sense illegal immigration reform in Tennessee continued this week in the Senate Commerce Committee with the approval of legislation sponsored by Senator Tim Burchett (R-Knoxville) to crack down on those who knowingly hire illegal aliens.  The bill requires the Department of Labor and Workforce Development to hire nine new investigators, three in each grand division, to investigate employers that hire illegal aliens. 

The Committee also debated a bill sponsored by Burchett that would allow employees who are U.S. citizens, who were terminated by employers in order to hire an illegal immigrant, to have a civil cause of action for wrongful termination in court.  The legislation applies in situations where an employer knows the new employee is an illegal alien and where there is no other cause for dismissal.

“The vast majority of our state’s employers are very careful and obey the law regarding their hiring practices,” said Burchett.  “This legislation is aimed at those unscrupulous employers who knowingly hire illegals for the bottom line, and put their own welfare above that of their fellow citizens.  In order to truly combat illegal immigration, we must crack down on those who knowingly hire illegals and this legislation begins to give us the resources we need to accomplish this.”

This year’s legislative action on illegal immigration will build on a number of important reform bills passed in 2007.  These bills include the Memorandum of Understanding law to help state and local police deport illegal aliens, a separate measure to make sure employers get proper identification before hiring, and a new law cracking down on those who transport illegal aliens into the state.  The State Senate also passed legislation last session requiring that driver’s license exams be administered in English to make Tennessee’s roads safer and a measure calling for proof of citizenship before registering to vote.  Those bills, however, did not get the needed votes for approval in the House of Representatives.

“The federal government has failed us on illegal immigration reform,” Burchett added.  “These two bills, along with reform measures passed last year and others pending in our General Assembly can at least make a big difference about how we handle illegal immigration within our own state borders.”  

“We welcome those immigrants who want to assimilate here legally and become U.S. citizens,” said State and Local Government Chairman Bill Ketron (R-Murfreesboro), who sponsored a number of immigration reform laws passed last year.   “We are a nation of immigrants.  At the same time, we must stop the flow of illegal immigration.” 

“We cannot ignore the fact that immigration is not just a national problem when so many policy decisions effecting the issue are made at the state level, like proof of citizenship before voting, or proof of legal residency before a driver’s license can be issued, or requirements that only citizens should be able to receive public benefits,” Ketron added.

Ketron is also sponsoring a major reform bill currently pending that would stiffen penalties against employers who hire illegals, and would deny state public benefits to illegals except in cases of medical emergencies.  The bill is expected to come before the State and Local Government Committee in the coming weeks.

Meanwhile, the Senate has already passed legislation sponsored  by Senator Jack Johnson (R-Franklin) that would stiffen penalties against those who create or use fake identification for the purpose of obtaining or maintaining employment.   This legislation would make the production or use of each false identification document a separate offense under Tennessee law if it is determined that any person in connection with the violation is not legally present in the United States, and requires the court to notify the U.S. Department of Homeland Security. Johnson also has a bill pending on the floor of the Senate on Monday to clarify that Tennessee employers have a right to institute an English-in-the-workplace policy. 

“The failure by those who do not recognize the connections between the terrorist threat to national security and the growing illegal alien problem is undermining the steps that have been taken toward improving our security,” Johnson said.  “These bills combine together to bring about comprehensive reform measures in Tennessee.”

Education Committee adopts motion directing any available funds to priority Higher Education capital improvement projects

The Senate Education Committee has unanimously adopted a motion by Sen. Jim Tracy (R-Shelbyville) that would set as a priority of that committee, should state funds become available, seven capital building projects listed by the Tennessee Higher Education Commission as most in need of improvements.  The annual cost of the bonds would be $30.5 million. 

The administration’s budget proposal contained no new capital outlay funds, a problem many lawmakers fear will put pressure on Tennessee’s higher education institutions to keep up with high priority building needs.  The seven projects include improvements to the Science Building at Middle Tennessee State University; a new academic and support building at Nashville State; a Technical Education Complex at the Northeast State Technical Community College; and the Nash Building at the Colleges of Dentistry and Medicine, Melrose Hall Academic Facility, Veterinary Medicine Hospital and Strong Hall at the University of Tennessee at Knoxville.

“The committee is mindful of the challenges we face in this budget year,” said Senate Education Chairman Jamie Woodson.  “This resolution states that if funds are available, that higher education must have a seat at the table to help alleviate the pressures on our colleges, universities and our students.”

Some of the projects on THEC’s priority list are needed due to accreditation issues involving buildings at some of the institutions.  Testimony before the Education Committee by the heads of Tennessee’s colleges and universities indicated that the current budget scenario would result in a “step backward.”

Open Government Subcommittee recommends two bills to full State and Local Government Committee

A subcommittee appointed to look at open government bills pending in the State Senate this year has sent two bills to the full State and Local Government Committee with recommendations for passage.  The Subcommittee was chaired by Senator Bo Watson (R-Hixson).  Senators Jim Tracy (R-Shelbyville) and Steve Roller (D-Morrison) are also members of the subcommittee.

One bill, sponsored by Senator Randy McNally (R-Oak Ridge), comes from a Special Open Government Study Committee that worked on the issue last fall.  McNally’s bill, however, did not include any changes in the definition of Tennessee’s open meeting requirements.    

“This bill is the result of two years of study and hours of testimony,” said Senator McNally, who was Chairman of the Special Committee.  “The end result comes from an agreement with open government groups and local government representatives.  I appreciate the work of this subcommittee, in addition to the other committees.  I particularly look forward to having the resource of an open government ombudsperson as provided in the bill.”

Key provisions in the bill, as amended by the Tracy Amendment are:

The second bill recommended for passage by the Subcommittee is sponsored by Senator Raymond Finney (R-Maryville).  It would make the telephone number, home address, and birth date of government employees confidential. 

Finney said, “This is a necessary measure to make sure we protect the privacy of our employees.  They work very hard and are available by phone at their workplace.  However, their home phone number or address should only be given out by them.”

“This bill will open the door of government a little wider,” said Watson.  “We took the best ideas from the Open Government Study Committee and recommended to the standing committee a bill that encompasses them -- particularly the creation of an ombudsperson and the advisory committee that will continue to work on some of the other ideas the study committee developed.”
 
Judiciary Committee approves ALR and Drunk Driver Registry bills

The Senate Judiciary Committee approved legislation, sponsored by Senator Mae Beavers (R-Mt. Juliet) this week that would allow law enforcement officers to immediately confiscate the licenses of drunk drivers upon arrest.  Called automatic license revocation, or ALR, this program would be the administrative process by which the Department of Safety suspends the driver’s licenses of individuals who are arrested for the offense of driving under the influence of alcohol or drugs. Specifically, an individual could be suspended under the bill for a blood alcohol concentration (BAC) greater than allowed by law which is .08 for the general driving public.  The bill would also apply to those who refuse to take the BAC test.  In addition, the legislation would allow for a temporary permit for 30 days until a hearing is conducted to see if the license should be revoked.

 “The number of victims at the hands of drunk drivers in Tennessee is unacceptable,” said Beavers.  “The National Transportation Safety Board claims ALR is a major factor proven to reduce alcohol-related car crashes.  Without ALR, the offender can get back on the road as soon as they are sober enough to drive.  This bill will go a long way to help reduce the number of drunk drivers on our roads.”

Members of the Committee also approved legislation to create a registry of persons who have two or more DUI convictions with the Tennessee Bureau of Investigation, similar to that of the Sex Offender Registry.   The bill is sponsored by Sen. Tim Burchett (R-Knoxville).  Burchett said the Registry would serve as a strong deterrent to driving under the influence and would make drunk drivers think about the consequences of their actions.

In 2006, there were 1,287 fatalities on Tennessee roads with 509 due to alcohol-related crashes.  Motor vehicle crashes are the leading cause of death among persons between the ages of 3 and 33, with 50% of the victims killed in alcohol-related crashes. 

Legislation approved by Senate Transportation would ban “texting while driving”

Legislation sponsored by Senator Jim Tracy (R-Shelbyville) that would ban “texting while driving” overcame its first hurdle this week with approval by the Senate Transportation Committee.  The bill prohibits sending or reading text messages while the driver is operating a motor vehicle.

 “Over two-thirds of those under the age of 24 who were polled have admitted to sending text messages while driving.  That is a very scary proposition for the safety of our roads.  Studies show that drivers of any age who text behind the wheel swerve out of their lane, with many running into head-on traffic.  This is a basic safety measure that aims to protect the drivers and all others who travel our roads.”

Under the bill, a violation would be a Class C misdemeanor, punishable by a fine of $50.00.  The legislation also prohibits the Department of Safety from assigning a point value for the driver’s license suspension or revocation for violation under the proposed law.

“Texting is an extremely dangerous form of distracted driving,” Tracy added.  “When drivers take their eyes off the road to read or send messages, they pose a great danger to all who cross their path.  Hopefully, this measure will provide the warning needed to help stop this practice and in turn, it will make our roads safer.”

Legislation would allow low-emission and energy-efficient vehicles to travel in HOV lanes

Legislation that would allow low-emission and energy-efficient vehicles to travel in Tennessee’s HOV lanes, regardless of the number of occupants, was approved this week in the Senate Transportation Committee.  The bill is sponsored by Senate Republican Leader Mark Norris (R-Collierville).

Requirements for use of HOV lanes are imposed by federal government guidelines.  These guidelines have now been changed to allow states to except the use of low-emission and energy-efficient automobiles.  Under current law, only those vehicles with more than one occupant can travel in Tennessee’s HOV lanes.  Under this bill, owners of vehicles that qualify could apply for an identifying decal from the Department of Revenue that would allow them to travel in the HOV lanes. 

“This legislation will allow for traffic relief and at the same time encourage environmentally friendly travel,” said Norris.  “It will especially help with traffic congestion and safety in our busiest metropolitan areas.”

Issues in Brief

Volunteer firemen – The Senate Commerce Committee approved legislation, sponsored by Commerce Committee Chairman Steve Southerland (R-Morristown), authorizing active volunteer firefighters, with the authorization of their employer, to leave work to respond to calls without loss of pay, vacation time, sick leave, or earned overtime accumulation.  If approved by the employee's appointing authority, this bill would also authorize the employee to take off the work day following a response to a fire call as a vacation or sick leave day without loss of pay provided the employee worked all day or night fighting the fire.

Heroic Teen – Lt. Governor Ron Ramsey (R-Blountville) honored 18-year old Lindsey Witherspoon on the Senate floor Thursday for heroism.  The Sullivan County teen rescued a woman whose car went into the icy waters of Fort Patrick Henry Lake in Ramsey’s senatorial district.  Witherspoon, who is an experienced swimmer, dove into the lake and pulled the woman safely ashore.  The Senate adopted a Senate Joint Resolution in honor of the girl.

Scrap Metal -- The Senate Commerce Committee approved legislation this week sponsored by Senator Tim Burchett (R-Knoxville) aimed at reducing auto theft in Tennessee.  The bill would require scrap metal processors who purchase vehicles with the intention of dismantling or salvaging them to provide proof of ownership.  Under the bill as amended by the Committee, any scrap metal dealer purchasing a motor vehicle less than five years old must be given a title by the seller.  Any vehicle bought over five years old which does not contain the motor or is inoperable, would not require a title but must have a written statement signed by the seller or their agent stating they have a lawful right to sell and dispose of the vehicle.  The title must be accompanied by a photo copy of the seller’s driver’s license.  It also requires records on those transactions be kept for five years, including the name and address of the buyer and the amount they paid for the vehicle, date of sale, description of the auto, VIN number, and the license plate number of any vehicle transporting the automobile. 

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February 28, 2008

Contact:  Darlene Schlicher (615) 741-6336 or email:  darlene.schlicher@legislature.state.tn.us

Senate Commerce Committee debates legislation to combat auto theft

(NASHVILLE, TN), February 28, 2008 -- The Senate Commerce Committee debated legislation this week sponsored by Senator Tim Burchett (R-Knoxville) aimed at reducing auto theft in Tennessee.  The bill would require scrap metal processors who purchase vehicles with the intention of dismantling or salvaging them to provide proof of ownership. 

“Right now, thieves can steal a car, strip the motor and transmission out, sell the wheel and tires, and then take it to a scrap metal dealer and get several hundred dollars for the automobile’s body,” said Sen. Burchett.  “Present law makes it far too easy to fence stolen cars.  This legislation requires those who scrap cars to get identification and a title from the seller, and to keep a record of the transaction for later review.”

Under the bill as amended by the Committee, any scrap metal dealer purchasing a motor vehicle less than five years old must be given a title by the seller.  Any vehicle bought over five years old which does not contain the motor or is inoperable, would not require a title but must have a written statement signed by the seller or their agent stating they have a lawful right to sell and dispose of the vehicle.  The title must be accompanied by a photo copy of the seller’s driver’s license.  It also requires records on those transactions be kept for five years, including the name and address of the buyer and the amount they paid for the vehicle, date of sale, description of the auto, VIN number, and the license plate number of any vehicle transporting the automobile. 

If the seller does not have the identification prescribed in the bill, the sale could not be completed.  Those found guilty of violation of the proposed law would be subject to a class A misdemeanor. Any vehicle used to transport a vehicle sold in violation of the act could also be subject to confiscation under the legislation.      

Burchett said the records allow for inspection by law enforcement in cases of suspected auto theft.  “It will serve as a deterrent when thieves realize that they cannot steal and strip a car, and then sell the body to be crushed before law enforcement can trace their steps,” Burchett concluded.

 Debate on the bill will continue in the committee next week.

Long Term Care bills highlighted

State Republican lawmakers held a press conference Wednesday to promote several key long term health care proposals pending before the legislature this year.  The bills highlighted by the lawmakers included a proposal aimed at helping elderly and disabled Tennesseans receive more home- and community-based health care options and a proposal encouraging long term care planning.  The bills are among a series of measures introduced this year intending to help citizens “age in place.”

The long term care planning bill encourages Tennesseans to take control of their future health care needs by rewarding those who purchase long term care insurance. Currently, to receive state dollars for long term care, participants are required to “spend down” their assets, sometimes having to dispose of family heirlooms, land, or other things that do have monetary value, but also have sentimental value.   This bill would allow those types of assets to be retained, rewarding the participants and allowing them more freedom. 

“This bill is a win-win for both families and the state,” said Senator Bill Ketron (R-Murfreesboro), sponsor of the bill.  “It encourages Tennesseans to prepare financially for their long term care down the road.  At the same time, it allows families to pass precious assets, like their homes or farms, on to the next generation.”

Similarly, the Senate is considering legislation sponsored by Republican Leader Mark Norris (R-Collierville) that provides a Hall Income Tax deduction for premiums paid by the taxpayer for long term care insurance.  The credit would be in an amount equal to the total amount of premiums paid by the taxpayer.

The final bill highlighted calls for a “self-directed care program” where individual patients get the opportunity to choose from a menu of services and providers.  Consumers would receive a monthly budget based on their needs, and could use this money to hire personal assistant services, make home modifications, and more.

 “We must look at all of our laws to help give citizens more options regarding their health care so that they can age in place in their homes with dignity,” said General Welfare Committee Chairman Rusty Crowe (R-Johnson City).  “This is one of several bills we hope to pass this year aimed at providing more choices and options to elderly and disabled Tennesseans to help them stay in their homes as long as they can.”

“Tennessee has been last in the nation for too long in the number of healthcare choices for elderly and disabled citizens on Medicaid-supported services, a problem that has kept them from being able to stay in their homes and age with dignity,” said Senator Diane Black, sponsor of the self-directed care bill. “Studies show that, by every measure, self-directed care is succeeding and that consumers with this option are reporting greater satisfaction, better quality of life, and fewer unmet needs.”

Tennessee spent approximately $1.1 billion on long term care last year.  Out of the 22,000 seniors on Medicaid in Tennessee, only a few thousand get home- and community-based care services.    

SJR 127 giving citizens a say in commonsense protections for abortions rejected in House Subcommittee

The House Public Health Subcommittee rejected legislation overwhelmingly approved by the State Senate earlier this year that would have given Tennesseans the opportunity to restore their voice in determining what state law should be regarding commonsense protections for abortions.  The resolution failed by a vote of 6 to 3, despite strong support among members of both the House and Senate. 

The measure has repeatedly failed in the Democrat-controlled House subcommittee where rules allow for legislation to be killed there by a handful of legislators.  Senate rules provide that subcommittees may only make recommendations to the full committee regarding passage of a bill, but legislation cannot be rejected there.

“It is a shame that six of the legislature’s 132 members can control this bill and keep it off the ballot for the people to make their voice heard on this issue,” said Senator Diane Black (R-Gallatin) who is sponsoring the bill with Representative Dolores Gresham (R-Somerville) in the House of Representatives.  “Every bill deserves a fair hearing in more than a subcommittee when you have the support needed for passage by the full body.  It shows a real flaw in the system.”   

 The resolution addresses an activist 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 courts required in “Roe v. Wade” and made the right to abortion a “fundamental right” in Tennessee.

Rejection by the House Subcommittee means the next opportunity for the measure to be placed on the ballot would be the year 2014.

Senate votes to change spring sales tax holiday to April 25 - 27

The full Senate gave final approval to legislation this week to move the state’s spring sales tax holiday to the last weekend in April so that it will not interfere with businesses that close for Easter.  The holiday, which was designed to provide relief to taxpayers by instituting a temporary sales tax exemption on certain items, was scheduled by law for the weekend of March 21 – 23.  Those dates coincide with both Good Friday and Easter this year.

Senate Republicans were instrumental in the passage of several tax reform initiatives during the past legislative session.  This includes the August and Spring sales tax holidays, a half cent reduction on the sales tax on food, and implementation of property tax relief for senior citizens and disabled veterans.

“I am pleased the Senate has approved this legislation,” said Senator Tim Burchett (R-Knoxville), sponsor of the bill.  It allows more citizens to take advantage of the sales tax holiday in Tennessee since many businesses close for Easter.” 

Issues in Brief

Hargett confirmed as TRA Director  – The full Senate voted 30 to 0 this week to confirm Former House Republican Leader Tre Hargett as Director of the Tennessee Regulatory Authority.  Lt. Governor Ron Ramsey (R-Blountville) nominated Hargett to serve on the body, which sets the rates and service standards of privately owned telephone, natural gas, electric, and water utilities.  The Senate also confirmed Eddie Roberson, Mary Freeman and Sara Kyle.

DUI / BAC Test  -- State Senators have approved legislation that would eliminate the two-hour period in which a blood alcohol test must be administered to be used as evidence in court.  The bill, sponsored by Senator Diane Black (R-Gallatin), would change current law which mandates that the blood alcohol content (BAC) test must be administered to a person within two hours following their arrest or initial detention.  Some remote areas of the state have difficulty in securing the medical professionals needed to draw the blood for the test.  This bill removes that requirement and leaves such decisions about admissibility after a longer period of time in the hands of the court. 

Highway Safety – It would be illegal to park cars on highway ramps under legislation approved 24 to 0 by the State Senate this week, sponsored by Senator Diane Black (R-Gallatin).   This legislation extends to the ramps, the same safety protections that already apply to the interstate highways.  Currently, stopping is only permitted on interstate highways for emergencies, parking, or compliance with mandated rest time for truckers.   

Illegal Immigration / Terrorism  -- The full Senate has approved two bills sponsored by Senator Jack Johnson (R-Franklin) that  would make it a Class B misdemeanor offense to create or use fake identification for the purpose of obtaining or maintaining employment.  The legislation would make the production or use of each false identification document a separate offense under Tennessee law if it is determined that any person in connection with the violation is not legally present in the United States.  It also requires the court to notify the U.S. Department of Homeland Security.  “We must begin a comprehensive approach to attack illegal immigration in Tennessee,” said Senator Johnson.  “This bill addresses a growing problem we have seen in our state with the production of fake identification for illegal aliens in the workplace.”

Hunting and fishing rights -- The State Senate heard on final reading a resolution on Thursday to amend the Tennessee Constitution by protecting the right to hunt and fish.  The measure would be voted on in the same manner as the "Victim's Rights Amendment" in 1998, the “State Lottery Scholarship Amendment” of 2002, or the recent amendment to give property tax relief to the elderly.  If approved by the legislature this year and by a two-thirds majority in the next General Assembly in 2009, citizens could expect to see the resolution on the ballot in November.

Toll roads / American-owned -- If Tennessee approves the use of toll roads in the state, they would have to be “American-owned” under legislation sponsored by Senator Tim Burchett (R-Knoxville) and approved by the full Senate.  The measure would emulate Federal Communications Commission (FCC) rules that require radio stations to be American-owned to prevent foreign interference in cases of national emergency.  The bill requires that any contract, understanding, or agreement entered into for the operation of a tollway or toll facility be made with a U.S. citizen or with a business entity in which more than 50 percent of the equity is owned by U.S. citizens.  All members of the State Senate were added as sponsors of the bill. 

Animal Abuse Registry -- An Animal Abuse Registry would be set up under legislation approved by the full Senate this week.  The bill creates an Internet registry, like the Sexual Offender Registry, that would identify people convicted in Tennessee of aggravated cruelty to animals.  Under the bill, the county court clerks would send information to the Tennessee Bureau of Investigation who would post it on the website.

Underage drinking – Two bills passed this week dealing with the issue of underage drinking.  The first bill, sponsored by Senator Tim Burchett, and approved by the full Senate, would require birth dates to be printed in red and in larger print to make them more visible to clerks or servers who must check the information before selling or serving alcoholic beverages.  The second bill, which was approved by the Senate State and Local Government Committee, would extend indefinitely the state’s beer carding requirement.  That law requires clerks to look at picture identification for those buying beer in stores.

Election of Lt. Gov. and Secretary of State -- The full Senate heard on first reading Thursday a resolution to elect Tennessee’s lieutenant governor and secretary of state.  The lieutenant governor is currently elected by the State Senate every two years, while the secretary of state is elected by House and Senate members in a joint session every four years.  The proposal to change the state constitution would have to pass both chambers this year, and then again by a two-thirds vote in the next General Assembly before it could be voted on by Tennesseans in the 2010 election. 

Special license plates – State Senators voted on two special license plates bills this week that would aid those with special medical conditions.  One bill, which was approved by the full Senate, creates a new specialty earmarked license plate for autism awareness.  The legislation, which is sponsored by Senator Jamie Woodson (R-Knoxville) would send proceeds raised by the plate to the Department of Mental Health and Developmental Disabilities for distribution to non-profit organizations that serve citizens with autism.   The second bill, which was sponsored by Senator Bo Watson (R-Hixson) authorizes issuance of a specialty license plate for those with Mitrochondrial Disorder and allocates proceeds to help efforts to fight the genetic disorder.  Mitochondrial Disease is a disorder involving the neuromuscular system with a complex array of symptoms ranging from mild to life-threatening. 

Safety / Explosives -- The full Senate approved legislation that revises blasting requirements for operations within certain distances of pipelines carrying liquid petroleum.  The bill, sponsored by Senator Tim Burchett (R-Knoxville), would reduce the blast size to keep liquid petroleum from blowing up.

TBI – Director of the Tennessee Bureau of Investigation Mark Gwyn, who appeared before the Senate Judiciary Committee this week, told lawmakers he expects the next drug epidemic in the state will be illegal use of pharmaceutical drugs.  Gwyn said TBI agents are already seeing a proliferation of teen parties where pharmaceutical drugs are a pre-condition for entry into the event.  Gwyn said the other growing crime in Tennessee is “cyber crime.”

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February 21, 2008

Contact:  Darlene Schlicher (615) 741-6336 or email:  darlene.schlicher@legislature.state.tn.us

Judiciary Committee approves bills to strengthen Tennessee’s DUI Laws 

(NASHVILLE, TN), February 21, 2008 –  The Senate Judiciary Committee approved four bills this week aimed at strengthening Tennessee’s drunk driving laws, including one measure increasing penalties for the worst repeat offenders.   The bills offer four of many different approaches before state lawmakers this year to address the number of fatalities in Tennessee due to DUI-related car crashes. 

There were 1,287 fatalities on Tennessee roads at last report in 2006, with 509 due to alcohol-related crashes, a 7.6 percent increase from the previous year.  Motor vehicle crashes are the leading cause of death among persons between the ages of 3 and 33, with 50% of the victims being in alcohol-related crashes.  One of the bills, SB 2973, sponsored by Senator Mark Norris (R-Collierville) and approved by the Committee, would increase the punishment for vehicular assault and vehicular homicide if a child is injured or killed as a result of a DUI. 

The bill addressing the worst repeat offenders, SB 3041 sponsored by Judiciary Chairman Mae Beavers (R-Mt. Juliet), creates a Class D felony offense for the fifth or subsequent DUI conviction.  The offense carries a fine of $5,000 to $15,000 and minimum 360 days to 12 years in jail.  Currently, it is a Class E felony, carrying a $3,000 to $15,000 fine and a 150-day minimum jail term.

Beavers also gained approval of the Judiciary Committee for SB 3042 to ban open containers of alcohol in a vehicle.  She said the bill would close a gaping loophole in Tennessee law that allows a drinking driver to “pass the bottle” to a passenger to avoid prosecution when pulled over by law enforcement officers.  The measure would not apply to vehicles whose passengers are out of the reach of the seated driver. 

Approval of the bill would bring Tennessee into compliance with National Highway Traffic Safety Administration rules that a state’s open container law must prohibit the possession of any open alcoholic beverage container and the consumption of any alcoholic beverage in the passenger area of any motor vehicle that is located on a public highway or right-of-way.  States must conform to the “Federal Standard” passed in the TEA-21 Restoration Act to avoid transfer of Federal-aid highway construction funds, causing Tennessee to lose tens of millions of dollars for non-compliance.      

            “The law presently on the books is merely an invitation for someone to drink and drive as long as there’s a passenger they can ‘pass the bottle’ to when pulled over by law enforcement,” said Chairman Beavers.  “It’s unsafe for Tennesseans to be on the roads with people who are drinking and driving.”

The last DUI bill approved by the Committee would eliminate the two-hour period in which a blood alcohol test must be administered to be used as evidence in court.  Current law mandates that the blood alcohol content (BAC) test must be administered to the person within two hours following their arrest or initial detention.  Some remote areas of the state have difficulty in securing the medical professionals needed to draw the blood for the test.  This bill removes that requirement and leaves such decision about admissibility after a longer period of time in the hands of the court.  The bill, SB 2623, is sponsored by Senator Diane Black (R-Gallatin).

The Committee will continue debating legislation regarding reform of Tennessee’s drunk driving laws over the next few weeks.  This includes proposals to automatically revoke the license of a drunk driver upon arrest and a bill to prohibit district attorneys from plea bargaining drunk driving charges to a lesser offense.  With limited budget funds available, the State Senators will be challenged to find the most effective use of resources to make the greatest impact on reducing the number of drunk drivers on Tennessee roads.

Bill would move state’s spring sales tax holiday to April 25 - 27

The Senate Finance Committee approved legislation this week, sponsored by Senator Tim Burchett (R-Knoxville), to move the state’s spring sales tax holiday to the last weekend in April so that it will not interfere with businesses that close for Easter.  The holiday, which was designed to provide relief to taxpayers by instituting a temporary sales tax exemption on certain items, was scheduled by law for the weekend of March 21 – 23.  The dates coincide with both Good Friday and Easter this year.

Senate Republicans were instrumental in the passage of several tax reform initiatives during the past legislative session.  This includes the August and spring sales tax holidays, a half cent reduction on the sales tax on food, and implementation of property tax relief for senior citizens and disabled veterans.

“We certainly want to allow for as many citizens as possible to take advantage of the sales tax holiday in Tennessee,” said Sen. Burchett.  “Many businesses close for Easter and would not be participating in the sales tax holiday under the current law.  This bill simply moves the date so that more citizens and businesses can participate.”

The bill, SB 2730, would start the holiday at 12:01 on Friday, April 25 and would end at 11:59 on Sunday, April 27.  During this designated three-day weekend, consumers may purchase selected clothing, school supplies and computers without paying Tennessee’s state and local sales tax on the items. This holiday also includes purchases of qualified items sold via mail, telephone, e-mail, or Internet if the customer orders and pays for the item and the retailer accepts the order during the exemption period for immediate shipment, even if delivery is made after the exemption period.

Legislation protects “English-in-the Workplace” /
Senate Commerce Committee approves bills cracking down on use of false identification for illegal aliens

The Senate Commerce Committee approved legislation sponsored by Senator Jack Johnson (R-Franklin) this week clarifying that Tennessee employers have a right to institute an English-in-the-workplace policy.  The bill makes it clear that an English-in-the-workplace policy is not considered discrimination on the basis of national origin while the employee is engaged in work.

“This is simply a common sense bill which says that it is not discrimination under state law to require English in the workplace,” said Johnson.  “There are many occupations, whether it is an operating room or a factory, where there could be a real safety concern if there are court rulings that other languages are the ‘civil rights’ of workers while on the job.”

Protection of employer rights in instituting English-in-the-workplace policies has increased both in the states and on the national scene since the United States Equal Employment Opportunity Commission (EEOC) began prosecuting employers who required that English be spoken while conducting business.  One notable case involved a Salvation Army thrift store in Framingham, Massachusetts where two employees refused to learn English and were subsequently fired after being given a year’s notice to learn the language. 

            Under the bill, SB 2849, a person would not be considered to be engaged in work during any meal period, a rest period, or any other break.  The bill only applies during the period in which the person is required to perform official duties associated with their employment.   

“Employers should have the right to require that employees speak English while on the job,” Johnson added.  “I am pleased the Senate Commerce Committee has voted to protect an employers' right to have an English-in-the-workplace policy, and I look forward to seeing the full Senate follow suit."

Johnson also won approval of Senate Commerce Committee members for two bills cracking down on illegal aliens in the workplace.  The bills, SB 3488  and SB 3600, would make it a Class B misdemeanor offense to create or use fake identification for the purpose of obtaining or maintaining employment.  The legislation would make the production or use of each false identification document a separate offense under Tennessee law if it is determined that any person in connection with the violation is not legally present in the United States, and requires the court to notify the U.S. Department of Homeland Security.

“We must begin a comprehensive approach to attack illegal immigration in Tennessee,” said Senator Johnson.  “This bill addresses a growing problem we have seen in our state with the production of fake identification for illegal aliens in the workplace.”

Comptroller’s Report on Public Charter Schools shines light on need for legislative change

The Comptroller’s Office of Education Accountability released a report to the Senate Education Committee this week that looked at student achievement and teaching methods in Tennessee’s public charter schools, and made several recommendations for legislative change.  Tennessee has the most restrictive public charter school law in the nation in terms of student eligibility, allowing only children who are failing, or are enrolled in failing schools, to participate.

The report, titled “Tennessee’s Charter Schools: Issues of Innovation and Sustainability,” found student eligibility restrictions and limited facilities funding may compromise the long-term viability of individual charter schools and recommended changes.  The report also found that neither the Tennessee Department of Education nor local school districts have established methods to share charter schools’ best practices with traditional public schools. 

Dr. Steven Ross at the Center for Research in Education Policy at the University of Memphis told state senators that when we have very restrictive laws, public charter schools cannot be the laboratories of learning that they are supposed to be.  The concept of allowing schools the ability to use innovative teaching methods was one of the driving forces for adoption of Tennessee’s charter school law.

“This report shines a light on our state’s charter school laws,” said Senator Jim Tracy (R-Shelbyville).  “These schools were meant to be laboratories of learning for what does and does not work in our public schools.”

To compare student achievement in Tennessee’s charter and traditional public schools, the Office of Education Accountability contracted with the Center for Research in Educational Policy (CREP) at the University of Memphis. CREP found evidence that some charter schools are helping students succeed academically.  The report compares charter schools and traditional public schools, with test scores showing students in charters either compare to or exceed those in the traditional setting.

The report recommends that the General Assembly consider making eligibility for charter school enrollment less restrictive and consider more precisely defining state and local charter school facilities funding responsibilities. It recommends that the state should also identify charter schools’ best practices and implement a system for disseminating that information to traditional schools.

Lottery Subcommittee begins work in setting priorities to expand lottery scholarship opportunities

A Special Senate Education Study Committee looking at recurring lottery scholarship funds began its work this week as the panel approved a number of initiatives to expand HOPE scholarship opportunities for students.  The committee is one of two appointed by Education Committee Chairman Jamie Woodson (R-Knoxville) looking at various proposals regarding lottery scholarship funds.  The other subcommittee is reviewing proposals regarding the $410 million which the committee has set as the money that should be available in the lottery excess fund.  The amount available in the recurring lottery scholarship fund has been set at $22 million annually.

Woodson asked the subcommittees to set priorities and bring back a well thought out proposal to the full Senate Education Committee for their approval.  The Recurring Fund Subcommittee deferred until next week the proposal to lower the grade point average (GPA) standards from 3.0 to 2.75 to retain the HOPE Scholarship program after it was discovered that it may cost more than twice the original estimate to change the standard.  Originally, the change in the standard was expected to cost $5.3 million under the governor’s budget proposal, but a fiscal note reveals that lowering it to 2.75 may cost $17 million going forward in the next fiscal year.  That move would take up the majority of the $22 million set aside to expand scholarship opportunities.

Another proposal deferred until next week would expand scholarships to non-traditional students.  Tennessee currently ranks 43rd in educational attainment as determined by the percentage of adults age 25 and older with at least a bachelor’s degree. To reach the national average in educational attainment, Tennessee would need to graduate roughly 180,000 additional students. Reaching these “non-traditional” students will enable Tennessee to supply a workforce capable of attracting business and enhance economic development. 

Issues in Brief

Toll roads / American-owned -- If Tennessee approves the use of toll roads in the state, they would have to be “American-owned” under legislation sponsored by Senator Tim Burchett (R-Knoxville) and approved by the Senate Transportation Committee this week.  Burchett said the measure, SB 2724, would emulate Federal Communications Commission (FCC) rules that require radio stations to be American-owned to prevent foreign interference in cases of national emergency.  The bill requires that any contract, understanding, or agreement entered into for the operation of a tollway or toll facility be made with a U.S. citizen or with a business entity in which more than 50 percent of the equity is owned by U.S. citizens. 

Hunting and fishing rights -- The State Senate approved on final consideration  House Joint Resolution 108 this week to amend the Tennessee Constitution by protecting the right to hunt and fish.  The measure would be voted on in the same manner as the "Victim's Rights Amendment" in 1998, the “State Lottery Scholarship Amendment” of 2002, or the recent amendment to give property tax relief to the elderly.  If approved by the legislature this year and by a two-thirds majority in the next General Assembly in 2009, citizens could expect to see the resolution on the ballot in November.

Budget hearings – Senate Committees continue to conduct budget hearings for all state departments and agencies.  The hearings are part of the process of reviewing how state dollars are spent in various areas of state government and examining recommendations for improvements sent to the legislature by the governor.  They will continue through the next month until all agencies and departments have been reviewed.

Volunteer firemen – The Senate Commerce Committee approved legislation, SB 4130 sponsored by Commerce Committee Chairman Steve Southerland (R-Morristown), authorizing active volunteer firefighters, with the authorization of their employer, to leave work to respond to calls without loss of pay, vacation time, sick leave, or earned overtime accumulation.  If approved by the employee's appointing authority, this bill would also authorize the employee to take off the work day following a response to a fire call as a vacation or sick leave day without loss of pay provided the employee worked all day or night fighting the fire.

Bioenergy Program – The Senate Finance Committee heard testimony from the Office of Bioenergy Programs at the University of Tennessee.  Last year the General Assembly provided funding for the program which is developing a new cellulosic biofuel industry in Tennessee.  UT has done research and preparatory work during the first eight weeks and is now working with East Tennessee farmers to roll out the first contracts for switchgrass production as an energy crop. The first group of farmers selected to participate in the Switchgrass Farmer Incentive Program were notified last week for spring 2008 planting. This initial round of contracts covering 725 acres is the first phase in building a supply chain designed to achieve annual production of 64,000 tons on 8,000 acres by 2012.

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February 14, 2008

Contact:  Darlene Schlicher (615) 741-6336 or email:  darlene.schlicher@legislature.state.tn.us

Senators approve key bills to help elderly and disabled “age in place”   

(NASHVILLE, TN), February 14, 2008 – State Senators moved passage of two key health care bills this week aimed at helping elderly or disabled Tennesseans receive more options in their health care, including staying in their homes for as long as possible.  The long term care legislation is part of a series of bills aiming to help citizens “age in place.”

            “We must look at all of our laws to help give citizens more options regarding their health care so that they can age in place in their homes with dignity,” said General Welfare Committee Chairman Rusty Crowe (R-Johnson City).  “This is one of several bills we hope to pass this year aimed at providing more choices and options to elderly and disabled Tennesseans to help them stay in their homes as long as they can.”

One bill, SB 1157, approved by the Senate General Welfare, Health and Human Services Committee, calls for a pilot program for a “self-directed care program” where individual patients get the opportunity to choose services they think they need and who provides them.  Consumers would receive a monthly budget based on their needs, and could use this money to hire personal assistant services, make home modifications, and more.

The self-directed care program requires consumers to develop plans that show how they would use the allowance to meet their personal care needs.  It would provide counseling and financial assistance to help them plan and manage their responsibilities. Consumers who are unable to manage their care themselves may designate a representative, such as a family member, to help them or do it for them. These features make this program adaptable to consumers of all ages and with all types of impairments. Basically, it gives frail elders and adults with disabilities the option to manage a flexible budget and decide for themselves what mix of goods and services will best meet their personal care needs.

The federal government made it significantly easier for any state to introduce a self-directed care option through the 2005 Deficit Reduction Act. As of January 2007, federally approved “waivers” are no longer required for states to offer flexible budgets to eligible Medicaid consumers and their families so that they may purchase the disability services and supports of their choosing. In addition, the 2006 reauthorization of the Older Americans Act (OAA) makes it possible to now include such options in the provision of OAA-funded services.

Arkansas, Florida, and New Jersey were the pioneers of this self-directed health care concept.  Since that time, 12 other states have expanded their choices. In Arkansas, there was a 40% reduction in nursing home admissions in the second year of the program, and the total Medicaid cost per person under the self-directed car plan was about the same as that for the traditional agency model.  Studies show that, by every measure, self-directed care is succeeding and that consumers with this option are reporting greater satisfaction, better quality of life, and fewer unmet needs.

“Republicans laid the foundation for home and community-based care last year through the Property Tax Relief Act, said Senate Majority Leader Mark Norris, who sponsored the measure.  “As more seniors will be able to afford keeping their homes, we are now focusing on giving them the tools they need to make the most of it.”

 “Tennessee has been last in the nation for too long in the number of healthcare choices for elderly and disabled citizens on Medicaid-supported services, a problem that has kept them from being able to stay in their homes and age with dignity,” said Senator Diane Black, sponsor of the legislation. “I know from speaking with citizens in my district that this is an issue that concerns many of them, and I can sympathize with their lack of options.” 

“Family members who provide care to the elderly or disabled are the backbone of our nation’s long term care system, even though this can often become exhausting and financially difficult,” said Senator Raymond Finney (R-Maryville), a retired physician.  “This program allows us to help support them in their efforts.” 

Tennessee spent approximately $1.1 billion on long term care last year.  Out of the 22,000 seniors on Medicaid in Tennessee, only a few thousand get home- and community-based care services. 

The second bill approved this week to help provide more options for elderly and disabled citizens was SB 2614, which was approved by the full Senate on final consideration.  The bill, sponsored by Senator Diane Black (R-Gallatin), broadens the definition of assisted living to include hospice services.  This bill would make it clear that any assisted-care living facility resident who qualifies for hospice care under Medicare can continue those services and also receive reimbursement for assisted living services.

“These bills are positive steps towards making our laws friendlier to assisted-care living,” Sen. Jim Tracy (R-Shelbyville) added.  “I am pleased the Senate and General Welfare Committee have passed this legislation and hopeful that the House of Representatives will take it up soon.”

Judiciary Committee hears anti-crime and DUI bills

The Senate Judiciary Committee heard testimony on several anti-crime bills this week, including one sponsored by Senator Randy McNally (R-Oak Ridge) requiring individuals to report crimes where serious injury or death occurs.  Under this bill, it would be a Class B misdemeanor offense for a person to fail to report a crime that results in serious injury and a Class A misdemeanor when the attack results in death.

            McNally said the bill, SB 2637, comes after several cases of unreported violent crime nationwide, including one in Nevada where Jeremy Strohmeyer followed a seven-year old girl around in a Las Vegas Casino while her father was gambling.  Strohmeyer played hide and seek with the girl, eventually following her into the restroom where he sexually assaulted and murdered her.  Strohmeyer’s friend, David Cash, saw the man pursue the girl and even followed them into the restroom where he saw a struggle.  Cash, who failed to report the crime to anyone, was not charged by authorities since he did not take any affirmative action to cover up the crime. Cash later made public statements indicating he felt no remorse for failure to report the crime, and in fact bragged about his notoriety in the case. 

            “Those who idly sit by and watch violent crimes being committed should be punished to the full extent of the law,” said McNally.  “Each of us has a duty as a citizen to come to the aid of our fellow man when others inflict harm upon them.”     

The Judiciary Committee also heard testimony on a bill that would require ignition interlock devices to be installed on motor vehicles driven by DUI offenders.  The bill, SB 108, sponsored by Senator Tim Burchett (R-Knoxville) aims to cut down on the number of deaths on Tennessee highways due to drunk driving.

“Research shows that ignition interlock devices are one of the most effective ways to keep drunk drivers from continuing to drive drunk,” said Senator Burchett.   “Unfortunately, they’re significantly underused across the state.  Passage of legislation to require use of these devices will greatly help in our efforts to get drunk drivers off our roads.”

Ignition interlocks act like a breathalyzer that can prevent a vehicle from starting if it detects alcohol. The driver blows into a breath analyzing machine, and if they pass the test they can start the vehicle.

Jefferson County General Sessions Judge Ben Strand testified before the committee in support of the legislation.  Strand, who regularly requires the device for those with a .15 BAC or greater, said it would not be unusual to see 50 DUI cases on “a Wednesday afternoon”  in his court.  He estimated the average BAC level in his court at .15.  Strand estimated about 75 percent of those convicted of DUI “are going to drive anyway.”  He said installing the devices would minimize that chance.

The committee has deferred action on the bill for two weeks.  Next week, the committee will take up a number of other DUI bills, including measures that would lower the standard for extreme drunk driving, require automatic license revocation, ban open containers, and impose tougher sentences for those who drink, drive and kill.

Johnson voter confidence bill would provide a voter-verified paper trail

Senator Jack Johnson (R-Franklin) won approval of legislation in the Senate State and Local Government Committee that would require new voting machines to have a voter-verified paper trail to go along with computerized voting machines when tallying election results.  Johnson said the legislation, SB 824, is one of two bills coming from a special committee studying the issue last year.  

Only two of Tennessee’s 95 counties keep paper trails of ballots.  Most counties use a direct recording electronic touch screen voting machine that does not allow for a paper record that can be audited or recounted in cases of suspected fraud. 

“The citizens of Tennessee need confidence in their election system,” said Johnson.   “I believe this bill will go far to protect the integrity of our election process.”

Ramsey resolution honors Tennessee’s fire fighters

            Firefighters were honored this week with passage of a resolution, HJR 642, in the Tennessee State Senate marking February 11 as “Fire Fighters Memorial Day.”  The resolution, sponsored by Lt. Governor Ron Ramsey, recognizes the service of firefighters and the sacrifices they make in the line of duty.

“Everyday across Tennessee, brave firefighters put on their uniforms and report for duty with the knowledge that some day they may have to pay the ultimate price for the job that they do,” said Ramsey.  “It is appropriate that we have this day set aside to honor them and pray for their safety, and to commemorate those fallen heroes who lost their lives.”

There are 23,553 fire fighters in Tennessee, of which 7,074 are full-time and 16,479 are volunteers.  Seventy-six fire fighters have died since 1954. 

“Tennessee is truly the volunteer state, as evidenced by the number of volunteer firemen who are willing to risk their lives to protect their neighbors,” Ramsey continued.  “I am pleased this resolution has passed, and hope that it raises awareness in our communities of the sacrifices fire fighters make every day.”

Issues in Brief

Storm Update -- This week President Bush authorized a major disaster declaration for eight additional Tennessee counties. Benton, Hickman, Houston, Lewis, Montgomery, Perry, Trousdale and Williamson will now receive federal funding to assist individuals and businesses affected by the tornados last Tuesday.  Hardin, Macon, Madison, Shelby and Sumner Counties, which were among the hardest hit in last week's storms, were authorized to receive federal aid last week. The federal aid authorized will supplement state and local recovery efforts that began on Feb. 5 when the storms first struck Tennessee.  It includes grants and loans to individuals or businesses to help pay for temporary housing, home repairs and other serious disaster-related expenses.  President Bush, FEMA Administrator David Paulison, and Homeland Secretary Michael Chertoff toured impacted areas of Tennessee last week.

Open Government -- The Senate Government Operations Committee sent to the State and Local Government Committee this week two measures which came from the work of the Joint Open Government Study Committee.  The Government Operations Committee simply reviews rules or regulations associated with legislation, and refers them to the proper committee for a full hearing.  Currently, it is a violation of the Sunshine Law for two or more locally elected officials to have any conversation outside their official public meetings regarding public business.  The joint committee looked at changes to the law last fall and recommended SB 3275 allowing up to three members to meet, unless it constitutes a majority of members of the governing body.  Government Operations Committee members also moved SB 3280 to the State and Local Government Committee, which leaves current law in place regarding that key provision of the open meetings act but puts into place many other reforms.  The bills will be heard in a special subcommittee of the State and Local Government Committee next Thursday.

Child Safety Training -- The full House voted 26 to 6 to approve legislation, sponsored by Senator Jack Johnson (R-Franklin) to give parents more information and “a say” in personal safety instruction given to three, four and five-year old children in child care centers across the state.  The bill, SB 3419, addresses curriculum to prevent sexual abuse provided by the State Department of Human Services that many child care centers feel is too graphic or inappropriate for children of that age.  The legislation would allow centers to alter the curriculum, while still providing safety training.  It also requires a note be sent to parents of the children, who could then review the curriculum at the center and opt their child out if they believe it is inappropriate for their child.

Hargett takes oath – Former House Republican Leader Tre Hargett took the oath of office this week after confirmation of his nomination to the Tennessee Regulatory Authority.  Lt. Governor Ron Ramsey nominated Hargett to serve on the body, which sets the rates and service standards of privately owned telephone, natural gas, electric and water utilities.

NRA -- Members of the National Rifle Association (NRA) will be able to purchase a specialty earmarked license plate under legislation sponsored by Senator Paul Stanley (R-Germantown) and approved by the full Senate this week.  The bill, SB 2934, allocates 50 percent of funds derived from sale and renewal of such plates to TWRA for hunter education.

Veteran’s Highway – Senator Bo Watson (R-Hixson) led to passage SB 2608 to designate a segment of U.S. Highway 127 in Hamilton County as the Veterans Memorial Highway.

Hunting and Fishing Rights – The State Senate heard two of the three required readings of  House Joint Resolution 108 this week to amend the Tennessee Constitution by protecting the right to hunt and fish.  The measure would be voted on in the same manner as the "Victim's Rights Amendment" in 1998, the “State Lottery Scholarship Amendment” of 2002, or the recent amendment to give property tax relief to the elderly.  If approved by the legislature this year and by a two-thirds majority in the next General Assembly in 2009, citizens could expect to see the resolution on the ballot in November.

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February 7, 2008

Contact:  Darlene Schlicher (615) 741-6336 or email:  darlene.schlicher@legislature.state.tn.us

Capitol Hill Week overshadowed by death and destruction of tornadoes/
Two Middle Tennessee lawmakers tour destruction    

(NASHVILLE, TN, February 7, 2008) –  This week’s action on Capitol Hill was overshadowed by Tennessee’s “State of Emergency” due to one of the deadliest tornado outbreaks in Tennessee history.  The tornadoes ripped a path from Memphis, through West and Middle Tennessee, leaving over 150 persons injured and a death toll of 31, with several people still missing from the storm damaged counties. The damage in Tennessee was felt throughout the South where more than 50 people died, making it the nation's worst tornado outbreak since May 1985.

State Senator Mae Beavers (R-Mt. Juliet) and State Senator Diane Black (R-Gallatin) visited Trousdale, Macon, and Sumner Counties on Wednesday, where over half of the fatalities occurred.  The senators represent the counties hardest hit by the storms.

“The destruction is unbelievable,” said Beavers.  “Words cannot truly describe the destruction these counties have suffered.  My thoughts and prayers are with the families and loved ones of those that lost their lives in the storms. I will do all that I can to support and help these counties and their residents through these hard times.”

The two lawmakers assessed the damage in Castalian Springs in Sumner County where they talked with emergency management officials. Five people were killed in Castalian Springs, including an elderly couple. The Post Office was completely destroyed there and Wynnewood, a state historic site, suffered a catastrophic hit.

“My prayers go out to those who lost loved ones at the hands of this devastating storm,” stated Black. “This is a situation that we never want to face, but I must commend our emergency management teams for their organization and hard work. After a tornado ripped through Gallatin in April 2006, we learned several lessons about responding to natural disaster areas. Such lessons were effectively employed in Castalian Springs and I believe that lives were saved because of that. I will do everything in my power to make sure the residents and responders have enough resources and supplies to continue their recovery efforts.”

Federal officials are working with state and local emergency responders throughout the region. Federal Emergency Management Administration (FEMA) staff and resources have been dispatched to assist with the recovery and President Bush will tour damaged areas of Tennessee on Friday.  In a statement released by the White House, he said those affected by a string of deadly tornadoes in the South will have the help of the U.S. government and that the rest of the country is praying for them.

"Loss of life, loss of property — prayers can help and so can the government," President Bush said. "I do want the people in those states to know the American people are standing with them."

Prayers for those devastated by the tornadoes were also lifted in the chamber of the State Senate on Wednesday led by Lowe Finney (D-Jackson) whose district suffered widespread damage, including major destruction at Union University.  Senators remembered the families, students and communities which must now work to rebuild in the aftermath of the storms.

State and Local Government Committee hears “Super Tuesday” testimony about integrity of Tennessee’s election process

Legislators on the State and Local Government Committee heard testimony on “Super Tuesday” regarding the integrity of Tennessee’s election process.   Harry Green, Executive Director of the Tennessee Advisory Commission on Intergovernmental Relations (TACIR), told committee members that after studying the election process, his group recommends replacing voting machines with voter-verified paper trails and a system to strengthen random auditing.  He said this would “create a way that the machines could be checked” to verify that votes are cast correctly, detect possible election fraud or malfunction, and provide a means to audit the stored electronic results.  

Only two of Tennessee’s 95 counties keep paper trails of ballots.  Most counties use a direct recording electronic touch screen voting machine that does not allow for a paper record that can be audited or recounted in cases of suspected fraud.  TACIR recommends using “optical scan machines,” which are the only available machines that meet the requirements and stipulations the federal government is likely to place on the states in upcoming years.  Green said some of the machines can be retrofitted, but others would have to be replaced, costing an estimated $25 million.  He said Congress is likely to pass a verified-voter paper trail bill in the near future that would allow Tennessee to tap into approximately $35 million in federal funds to improve voting machines.

“The citizens of Tennessee need to know that their votes count,” said State and Local Government Committee Chairman Bill Ketron (R-Murfreesboro).   “This is the backbone of a democracy.  We must work to protect the integrity and purity of our election process -- and ensure that our voting machines both pass random audits, and have a paper trail in cases of suspected fraud or when there needs to be a recount.”
 
Bill aims to prevent fraud in state’s Cover TN Pharmacy programs

Legislation, sponsored by Senator Jack Johnson (R-Franklin) was approved in the Senate Commerce Committee this week authorizing the Office of Inspector General to identify, investigate, and prosecute fraud and abuse in the Volunteer Rx program, the Cover Rx program and the Tennessee Pharmaceutical Connection Program.

Currently, the Office of Inspector General can investigate criminal fraud and abuse related to  TennCare, Access Tennessee, Cover Tennessee, and CoverKids but the pharmacy component is not included.  This bill adds to the duties of the office of inspector general by designating them as the lead agency to investigate criminal fraud and abuse related to the Volunteer Rx program, the health care safety net for the uninsured, and the Tennessee pharmaceutical connection program.

“It is concerning that we have a loophole in the law,” said Senator Johnson.  “All components of this plan should be held to the highest standards of accountability and review to guard against fraud and abuse.  We must learn the lessons of TennCare by making sure the proper authorities have full investigative power to thoroughly review all of these programs, including the pharmacy portion.”

Senate approves legislation to curtail theft of precious metals

The State Senate has passed and sent to the House of Representatives, legislation aimed at curtailing the growing problem of theft of copper and precious metals in Tennessee.  The issue came to the General Assembly after police departments across the state reported a substantial increase in the theft of copper materials that are sold to scrap dealers and recyclers as in recent years the price has quadrupled from 80 cents to around $3.60.  The copper thieves are targeting construction sites and outdoor air conditioning units for their copper pipes, tubing and condensers, costing millions of dollars each year to victims of this crime.

 “We worked hard on this bill as we listened to a wide variety of people impacted by this crime and by the legislation, from law enforcement to citizens and from the construction industry to the scrap metal dealers,” said Senate Commerce Committee Chairman Steve Southerland, who is co-sponsoring the bill.  “I believe we have crafted a bill that will go a long way in addressing this growing crime.”

The comprehensive bill focuses on monitoring cash transactions, where the bulk of this theft occurs.  The bill also stiffens penalties against those who sell or attempt to sell stolen metal, as well as describes criminal trespass on a construction site that is posted.  The bill further provides that dealers would not be allowed to purchase scrap metal from a seller unless they have a photo ID, such as a driver's license, and provide a thumbprint. Those who have been convicted of theft would not be able to sell for five years after they are convicted.   In cases where the seller does not have adequate ID, the dealer would take a photo. Certain transactions involving copper would be required to be paid by check under the bill.  Finally, a transaction record must be kept by dealers for three years under the bill, which would be open for inspection by law enforcement. 

“This bill does not solve all the problems,” said Senator Dewayne Bunch, a member of the Special Committee that recommended the bill.  “However, it will definitely be a deterrent and will provide more protection for the victims of this crime.”

Senate approves Anti-freeze Safety Bill

The State Senate has approved legislation requiring the addition of a bittering agent to antifreeze to keep animals and children from ingesting it.  The bill was sponsored by Senator Raymond Finney (R-Maryville) at the request of 11-year old Haley Ham, who lost her two dogs after they were poisoned by the toxic substance.  State Senators adopted an amendment to name the bill the “Haley Ham Law.” 

One teaspoon of antifreeze can prove fatal to animals who are attracted to its sweet flavor.  The bittering agent, which cost two cents to add to each gallon, serves as a repellant.  Five states adopted the law requiring the additive and several others are considering similar legislation this year.

“This bill is necessary for public safety,” said Senator Finney, a retired physician.  “Antifreeze, when ingested by children and animals, can cause organ failure and death.  The bittering agent will keep children and animals out of this toxic substance and save lives.” 

Issues in Brief

Civic education scholarships -- The full Senate sponsored and voted unanimously this week to create a “General Assembly Civic Education Scholarship Program,” to promote good citizenship and civics education in the state’s high schools.  The bill calls for recognizing one student in each legislative district to be chosen for the scholarship, which could mean up to $750 to help meet college needs.  The Department of Education will develop and implement the program and the scholarship criteria for an exemplary civics essay or project.  State Senators, who are all sponsoring the bill, were encouraged to take part in the program in their senatorial districts. 

Sex offenders – Senator Diane Black (R-Gallatin) pushed legislation, through the full Senate this week to add the offense of “aggravated rape of a child” as a “violent sexual offense” for the purpose of the sexual offender registry.  The addition requires any person who is convicted of rape of a child to register as a violent sexual offender instead of a sexual offender to note the severity of the crime.

Open government – Senator Bill Ketron (R-Murfreesboro) appointed a subcommittee of the State and Local Government Committee to look at all bills pending in the State Senate regarding open government.  The General Assembly will be considering legislation from the Joint Open Government Study Committee who studied various issues concerning the public’s access to government records last fall.  Those appointed to the Subcommittee are Senator Bo Watson (R-Hixson), Senator Steve Roller (D-Morrison) and Senator Jim Tracy (R-Shelbyville).

Fake Guns -- Senator Mark Norris (R-Collierville) won final approval of legislation in the State Senate this week that would make it illegal to display a fake gun in a threatening manner.  The bill comes as a result of cases where fake guns have been used that look so authentic that citizens, and even law enforcement officers, could not tell the difference.  It is hoped that the legislation will help deter any violent reaction to a perceived threat of deadly force.

Foreign Language Curriculum -- Legislation was approved in the Senate Education Committee this week that would encourage high school students to become fluent in a foreign language.  The bill, sponsored by Sen. Mark Norris (R-Collierville) urges the state’s Board of Education to develop guidelines for local school boards to use to foster foreign language fluency for all students in grades 7 – 12.
Public Transportation -- The Senate Transportation Committee, chaired by Senator Jim Tracy (R-Shelbyville) looked at Tennessee’s public transit system this week.  Tennessee is one of the few states that have transit systems in all 95 counties.  There are 4 large urban, 13 small urban and 10 rural public transit providers in the state which include two train and two trolley operations.  

Mentoring – The Senate Judiciary and Education Committees heard testimony this week regarding the Amachi Mentoring Program sponsored by the Big Brothers and Big Sisters organization in Tennessee.  The program partners private citizens willing to work as a mentor to serve children whose parents are in prison.  There are 30,000 children in Tennessee who has a parent in prison.  Statistics show that about 70 percent of these children will likely follow in the footsteps of that parent without intervention from successful programs like Amachi.

National Guard – Tennessee currently has 1,372 guardsmen deployed around the world, according to Adjutant General Gus Hargett who appeared before the Senate State and Local Government Committee this week.  This is compared to 799 deployed last year at this time.   Of the 1,372 deployed internationally, 1,280 are in Iraq, Afghanistan, and Kosovo.  There are 92 guardsmen deployed on the U.S. / Mexican border.  Hargett said the Guard has continued to grow, exceeding expectations for recruits.  

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January 31, 2008

Contact:  Darlene Schlicher (615) 741-6336 or email:  darlene.schlicher@legislature.state.tn.us

Governor presents budget proposal

     (NASHVILLE, TN, January 31, 2008) – The focus on Capitol Hill this week turned to the budget and education spending as Governor Phil Bredesen unveiled his proposal to fund state government for the 2008-2009 fiscal year.  The governor said the $27.9 billion plan would take “the good ship Tennessee” through the rough waters of an economic slowdown. 

“If we work together I think we can get through this tight budget year by making cuts in certain areas and making sure we set the priorities in a way that the people of Tennessee would be proud of us,” said Lt. Governor Ron Ramsey in commenting on the governor’s speech afterwards.  “I am looking forward to working with the governor on his priorities and our priorities and hopefully we can mesh them together and do what is best for the state of Tennessee.”

            The proposal adds $86.5 million more for K-12 schools through the state’s new Basic Education Program (BEP 2.0) funding formula.  Many lawmakers anticipated $100 million would be added this year, along with the $100 million set back in reserves from last year’s budget to fulfill the phase-in plan set out when the program was implemented last year.  The governor said Tennessee is ranked number 16 in the nation, according to Education Week, which is the most widely-read publication in the field of education as he attributed this change to the reforms passed recently.

            “I was especially excited to hear the education ranking the governor gave out from Education Weekly,” said Lt. Governor Ramsey.  “Last year, our Senate Education Committee did a lot of work on BEP 2.0 under Chairman Jamie Woodson (R-Knoxville) who worked hard to make that happen. 

The governor’s budget also proposes to spend an additional $29.3 million on a jobs package, $19.8 million for land acquisition and the Heritage Conservation Trust Fund, $10 million for smoking cessation, $5.6 million for the switch grass project at the University of Tennessee’s BioFuels Center, $25 million to add 245 pre-K classrooms, $30.6 million for a 2 percent raise for state employees, and $12 million to increase home- and community-based care to help an additional 2,300 elderly or disabled citizens.  The governor’s budget did not include money for capital improvements or increased operational expenses for Tennessee’s colleges and universities, a move that could call for tuition hikes.

“We are particularly interested in his (the governor’s) initiative to assist senior citizens,” said Senate Majority Leader Mark Norris (R-Collierville).  “One of the reasons we pushed so hard to get the property tax relief for senior citizens last year is so we would lay the foundation for more home and community-based care.  We would like to think we are encouraging local governments to make it possible for seniors to keep their homes.  I am pleased Governor Bredesen is going to work with us now in fashioning programs that allow our senior citizens to live with dignity in their older years.  I know this is something that Senator Diane Black (R-Gallatin) has worked on for several years, and most recently throughout the summer.”

            The governor said he would handle the expected $240 million budget shortfall through departmental cuts and through savings in TennCare and Cover Tennessee where the state has accumulated reserves in the prior and current fiscal year.  This is due to adjustments made in federal funding needs and to less than projected participants in CoverTN, which is the program for small businesses, and AccessTN, which is the program for the chronically ill and medically uninsurable.

            Under the proposal, 27 percent of the budget will go to TennCare, 30 percent to Pre-K-12 education, 12 percent to higher education, 7 percent to transportation, with the remaining 36 percent going to other state government needs.

Governor’s speech reveals his plan to spend lottery funds

            While Tennessee revenues for the general fund are sluggish, the balance in the state’s four-year old Lottery Scholarship Fund continues to grow as it has reached maturity, with almost a half-billion dollars in the excess lottery reserve account.  This is in addition to the $17 to $27 million in additional funds that lawmakers can project to spend on a recurring basis each year to expand scholarship opportunities for students in Tennessee’s colleges and universities.  The governor’s speech on Monday revealed some of his intentions regarding how this money should be spent as he asked lawmakers to lower the grade point average (GPA) standards from 3.0 to 2.75 to retain the HOPE Scholarship program.  The program had been established as a merit-based program aiming to encourage students to excel.

            The governor proposed a $200 million endowment fund from the excess lottery reserves to go to grants to help low-income students pay college tuition.  The endowment plan includes distributing $9 million in grants off the interest of that fund to assist students.  The proposal follows legislation passed last year to provide these grants.

“I know that last year in the Senate Education Committee we passed out a bill like the governor is proposing for the TSAA grants to allow more people to access those grants,” said Lt. Governor Ron Ramsey.  “We will be enthusiastically on board with that.”

“The TSAA grants are a priority for all of us, Republicans and Democrats alike,” said Senate Republican Education Chairman Jamie Woodson.  “We passed in our version of it a non-recurring appropriation of $10 million to enhance our TSAC program that was reflective of a lock box constituting $200 million, so that we could conservatively count on a recurring interest.  We welcome the governor aboard and look forward to working with him to see that through.”

               The Senate Education Committee has set at $410 million as the amount that the General Assembly can access this year to expand opportunities for students or provide capital improvements to K-12 schools.  The state’s constitutional amendment limited the lottery money to college scholarships, expansion of new Pre-K and after school programs, and capital improvements for major improvements or building K-12 schools. The only facet of the 2002 Constitutional Amendment creating the Tennessee Education Lottery yet to be enacted by legislation is granting the use of excess lottery reserves for new capital outlay projects for Tennessee’s K-12 educational facilities.  Senator Jim Tracy (R-Shelbyville) introduced legislation last year calling for a portion of the excess funds to be transferred to a special K-12 capital outlay account for this purpose.  Woodson said all the proposals would be considered in the Senate Education Committee in the coming weeks, as members look for the best way to spend the funds and expand opportunities for students, while continuing to fiscally responsible to keep the promises made to those receiving the scholarships.
         
“We can address this (lottery proposals) in a conservative manner.  The last thing in the world we would ever want to do is break a promise to a citizen or a student in Tennessee,” said Woodson. 

Senate Passes SJR 127 giving citizens a say in commonsense protections for abortions

The State Senate voted 23 to 9 to give Tennesseans the opportunity to restore their voice in determining what state law should be regarding commonsense protections for abortions.  The resolution, sponsored by Senator Diane Black (R-Gallatin), addresses an activist 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 courts required in Roe v. Wade and made the right to abortion a “fundamental right” in Tennessee.

The resolution, SJR 127, would authorize 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 and that the people retain the right through their elected state representatives and state 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 would be to bring Tennessee back into a position of neutrality so the people of this state’s elected representatives can decide what protections can be put into place, within the bounds of federal decisions.

 “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,” said Senator Black.  “The only way to restore these protections is to change the constitution and give the legislature authority to write commonsense laws.”
 
            Senators adopted an amendment to the resolution last week that would allow the legislature to put into law exceptions for abortion in cases of rape, incest and life of the mother.  That amendment clarifies that the role regarding public policy on abortion belongs with the legislature.   If approved by House this year and by a two-thirds majority in the next General Assembly in 2009, citizens could expect to see the resolution on the ballot in November 2010.

Issues in Brief

Property Tax Relief – Legislation sponsored by Senate Majority Leader Mark Norris (R-Collierville) was approved by the Senate State and Local Government Committee this week.  The bill increases from $20,000 to $24,000 the maximum allowable income for determining eligibility to participate in the state’s tax relief program for homeowners who are totally or permanently disabled. 

Utility Districts / Water – Senator Bill Ketron (R-Murfreesboro) guided through the State and Local Government Committee, which he chairs, legislation that permits utility districts to form a joint venture with a building authority to allow them to negotiate to get lower interest rates in funding.  The bill helps to address the needs of water shortages by allowing the districts to access funds at a cheaper rate.

Ethics / General Assembly – Legislation that would end the rights of a member of the General Assembly to continue receiving healthcare benefits if they are convicted of a felony was approved by the Senate State and Local Government Committee this week.  The bill, sponsored by Senator Jim Tracy (R-Shelbyville) requires the state to end the benefits upon conviction or upon a plea of guilty of such charges if the charges are in relation to the member’s official capacity as a legislator. The General Assembly has already passed similar legislation ending legislative pensions for those convicted of a crime in relation to their official capacity as a member of the General Assembly.

Criminal Justice Web Portal --   The Senate Judiciary Committee, chaired by Senator Mae Beavers (R-Mt. Juliet) heard testimony this week regarding the state’s Integrated Criminal Justice Web Portal.  Officials told members of the panel that the communication system is transforming the way law enforcement entities perform investigations. Officials said it is an important first step toward the dissemination of critical information to law enforcement authorities.  It provides a single access point to four state criminal justice databases to allow law enforcement to quickly obtain important information on the computer at the click of a mouse.  Law enforcement officers, like Bob Harris from Wilson County, testified to the program’s effectiveness, which he said has enabled officers to access critical information on their laptops in their vehicles while on the job.  “This is something I think each of us would like to see expanded,” said Beavers.

Property damage liability insurance -- The full Senate has passed legislation increasing the minimum amount of property damage liability insurance for motor vehicle policies from $10,000 to $15,000.  The bill, sponsored by Senator Jim Tracy (R-Shelbyville) reflects economic inflation that has taken place over the last several years to make sure that victims are better protected when an accident occurs.

Sex Offenders – Senator Diane Black (R-Gallatin) pushed legislation through the Senate Judiciary Committee this week to add the offense of “aggravated rape of a child” as a “violent sexual offense” for the purpose of the sexual offender registry.  The addition requires any person who is convicted of rape of a child to register as a violent sexual offender instead of a sexual offender to note the severity of the crime.

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January 24, 2008

Contact:  Darlene Schlicher (615) 741-6336 or email:  darlene.schlicher@legislature.state.tn.us

Senate debate highlighted by resolution to restore commonsense protections for abortion

(NASHVILLE, TN, January 24, 2008) – Senate action this week was highlighted by debate on a resolution that would give Tennesseans the opportunity to restore their voice in determining what state law should be regarding commonsense protections for abortions.  The resolution, sponsored by Senator Diane Black (R-Gallatin), addresses an activist 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 courts required in Roe v. Wade and made the right to abortion a “fundamental right” in Tennessee.

“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,” said Senator Black.  “The only way to restore these protections is to change the constitution and give the legislature authority to write commonsense laws.”
 
Senators adopted by a vote of 29 to 3 an amendment to the resolution that  would allow the legislature to put into law exceptions for abortion in cases of rape, incest and life of the mother.  

“This amendment clarifies that the role regarding public policy on abortion belongs with the legislature,” said Senator Dewayne Bunch (R-Cleveland).  “The courts overruled 200 years of case law and state law.  We have to make it clear it is not their (the Supreme Court’s) constitution to toy with.”

The Senate deferred debate on several other amendments designed to weaken or kill the resolution until Monday, when the full Senate hears the matter on second reading.  The resolution must be read three times before a final vote is taken. 

The resolution, SJR 127, would authorize 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 and that the people retain the right through their elected state representatives and state 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 would be to bring Tennessee back into a position of neutrality so the people of this state’s elected representatives can decide what protections can be put into place, within the bounds of federal decisions.

The measure would be voted on in the same manner as the "Victim's Rights Amendment" in 1998, the “State Lottery Scholarship Amendment” of 2002, or the recent amendment to give property tax relief to the elderly.  If approved by House this year and by a two-thirds majority in the next General Assembly in 2009, citizens could expect to see the resolution on the ballot in November 2010.

Other Republican sponsors of the resolution include Senator Mae Beavers (R-Mt. Juliet), Senator Paul Stanley (R-Germantown), Senator Steve Southerland (R-Morristown), Senator Bill Ketron (R-Murfreesboro), Senator Jamie Woodson (R-Knoxville), Senator Bo Watson (R-Hixson), Senator Rusty Crowe (R-Johnson City),  Senator Randy McNally (R-Oak Ridge), Senator Mark Norris (R-Collierville), Senator Raymond Finney (R-Maryville), Senator Jim Tracy (R-Shelbyville), Senator Jack Johnson (R-Franklin), Senator Dewayne Bunch (R-Cleveland), Senator Tim Burchett (R-Knoxville), and Lt. Gov. Ron Ramsey (R-Blountville).

Health Committees hear report on MRSA in Tennessee

In other action this week, Senate General Welfare Committee Chairman Rusty Crowe (R-Johnson City) held a joint meeting with the House Health Committee to hear an update on the growing concern among communities in Tennessee over MRSA (Methicillin-resistant Staphylococcus aureus).  MRSA is a strain of staph which emerged in hospitals that was resistant to the broad-spectrum antibiotics commonly used to treat it.  It was one of the first germs to outwit all but the most powerful antibiotic drugs.  Last year, the General Assembly passed legislation requiring Tennessee’s Infections Task Force to focus on strategies and recommendations for prevention and control of MRSA and issue a progress report to the legislature.

Dr. Marion Kainer, the Tennessee Department of Health’s expert on MRSA told committee members that Tennessee has about 2,000 cases a year, which are 33 per 100,000 persons.  There have been 31 cases of invasive MRSA reported so far in 2008.  The disease strikes mostly those who are ill or whose immune system is compromised, with a disproportionate share affecting the elderly and African Americans.  Approximately 30 percent of people have MRSA, but it does not become a health problem for them until it gets into the bloodstream or organs through a skin abrasion or a compromising illness.  The illness was confined to those hospitalized during the first several decades after it was discovered in 1961, but a strain has now moved into other communities.

Dr. Kainer and Dr. Ken Marshall, of Mountain States Health Alliance (MSHA), who also testified before the panel said Tennessee is a national leader in the reporting of invasive MRSA.  The state has required reporting of the infection since 2004.  Dr. Marshall said Tennessee is about two years away from having the kind of statistically valid data to identify hospitals and other healthcare facilities that do better than others in preventative measures to guard against MRSA infections.

The safeguards for MRSA now include education both in the healthcare setting and in the community, with the mainstay being hand hygiene.  The Department of Health is actively working to make sure communities have the information they need to prevent the infection from spreading.  MSHA, is also working hard to educate the public and have partnered with a leading hand sanitizing company to distribute hand sanitizer dispensers in schools in the upper east portion of the state.  The program has mushroomed with over 2,000 requests for dispensers coming in from over 150 schools per month.  MSHA is working with schools to determine absenteeism before and after the introduction of the hand sanitizers to track whether or not this program is having a positive impact on the overall health of the students.

Transportation Committee studies state’s progress in issuing driver’s licenses

The Senate Transportation Committee, chaired by Senator Jim Tracy (R-Murfreesboro) took a look at Tennessee’s 70 year-old driver’s license program as they talked with Department of Safety Officials about the needs for the program and how improvements can be made in customer service.  The department has over 300 frontline employees that have issued around 4.5 million licenses in the state.  They expect this number to grow by almost 30,000 each year in the immediate future, which is an eleven percent increase. 

Officials said it is the need to manage identity data to make sure that licenses are issued to the correct person with correct documentation that has taken much of their efforts over the past several years.  Document fraud has been a growing problem, including those associated with illegal immigration.  Officials told lawmakers they expect to see more clandestine making of documents as the state tightens up on its requirements.

Last week, the U.S. Department of Homeland Security issued rules concerning REAL ID, a security program the states must be ready for by May 2011.  The states must meet minimum standards in issuing licenses under the REAL ID Act on a variety of matters, including identity verification through electronic systems.  The Department of Safety is concerned that its computer system, which has been in operation since 1978, will have problems dealing with those new requirements.

On customer services, driver’s license officials told legislators they know there are improvements that need to be made to cut down on the lines at the driver’s license stations.  The department is, however, moving towards placing more services online so that drivers can renew through Internet access.

Bill addressing theft of precious metals approved by Senate Commerce Committee

Legislation that would address the growing problem of theft of copper and precious metals in Tennessee has overcome its first hurdle with passage in the Senate Commerce Committee.  The issue came to the General Assembly after police departments across the state reported a substantial increase in the theft of copper materials that are sold to scrap dealers and recyclers as in recent years the price has quadrupled from 80 cents to around $3.60.  The copper thieves are targeting construction sites and outdoor air conditioning units for their copper pipes, tubing and condensers, costing millions of dollars each year to victims of this crime.

A committee studying the problem recommended the comprehensive bill which focuses on monitoring cash transactions, where the bulk of this theft occurs.  The bill also stiffens penalties against those who sell or attempt to sell stolen metal, as well as describes criminal trespass on a construction site that is posted.  It additionally allows for confiscating any equipment used in the theft. 

The bill further provides that dealers would not be allowed to purchase scrap metal from a seller unless they have a photo ID, such as a driver's license, and provide a thumbprint. Those who have been convicted of theft would not be able to sell for five years after they are convicted.   In cases where the seller does not have adequate ID, the dealer would take a photo. Certain transactions involving copper would be required to be paid by check under the bill.  Finally, a transaction record must be kept by dealers for three years under the bill, which would be open for inspection by law enforcement. 

Commerce Committee Chairman Steve Southerland (R-Morristown), Senator Paul Stanley (R-Germantown), Senator Tim Burchett (R-Knoxville, Senator Mae Beavers (R-Mt. Juliet) and Senator Dewayne Bunch (R-Cleveland) are sponsors of the bill.

Issues in Brief

Antifreeze Safety -- The Senate Commerce committee approved legislation this week calling for the addition of a bittering agent to antifreeze to keep animals and children from ingesting it.  The bill, sponsored by Senator Raymond Finney (R-Maryville) comes from 11-year old Haley Ham, who lost her two dogs after they were poisoned by the toxic substance.  One teaspoon of antifreeze can prove fatal to animals who are attracted to its sweet flavor.  The bittering agent cost two cents to add to each gallon.  Five states adopted the law requiring the additive and several others are considering similar legislation this year.

Lottery Scholarship Funds – Education Chairman Jamie Woodson (R-Knoxville) appointed two subcommittees of the Senate Education Committee this week to look at the various proposals regarding lottery scholarship funds.  One subcommittee will look at the recurring dollars available to expand educational opportunities, which the panel set at $22 million.  The other subcommittee will look at the lottery excess fund, which the committee has set at $410 million.  Woodson asked the committees to work expeditiously in order to wrap up proposals for the lottery funds by March.

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January 17, 2008

Contact:  Darlene Schlicher (615) 741-6336 or email:  darlene.schlicher@legislature.state.tn.us

Senate Education Committee studies options for lottery scholarship funds

     (NASHVILLE, TN, January 17, 2008) – Tennessee’s lottery scholarship program moved front and center this week in the Senate Education Committee where a wide variety of information about the program’s finances and options were laid on the table for members to review.  While Tennessee revenues for the general fund are sluggish, the balance in the state’s four-year old Lottery Scholarship Fund continues to grow as it has reached maturity.

     Robert Currey, Chief Economist for the Legislature’s Fiscal Review Committee, told state senators that if the costs hold up, we should see a surplus of $42 to $52 million coming out of the lottery scholarship fund this year.  That amount, however, does not include the $25 million that has been appropriated for the past three years to fund the state’s Pre-K program.  This leaves $17 to $27 million as the range lawmakers can project to spend on a recurring basis if Pre-K is continued at the same funding level.  

     The state’s Funding Board has projected net lottery proceeds will be $280 to $290 million, of which Tennessee needs approximately $233 to $238 million in proceeds to fund current lottery scholarships.  The money will go to fund college scholarships for approximately 80,000 students.  The state is also expected to spend $12.5 million in proceeds from the lottery’s unclaimed prize fund to go to after school programs for K-12 students.

     There are many different ideas about how the lottery surplus money should be spent.  Among the options for expanding the program mentioned at the meeting are lowering GPA standards, needs-based grants, expanded eligibility for non-traditional students, and an early commitment scholarship program to encourage students, beginning in the 8th grade, to go to college.  Expanding eligibility to non-traditional students aims to enable working adults to pursue educational goals, while enhancing economic development through a better educated workforce. 

     The constitutional amendment that put the state lottery in place was sold to the public as a tool to help encourage high school students to excel, and to keep the best and brightest in Tennessee’s colleges and universities.  Republicans will focus on expanding scholarship opportunities and providing excellence in education, while continuing to be fiscally responsible.

     In addition, the lottery scholarship has a reserve fund which Currey said now reached about $425 to $430 million dollars.   These reserves exceed the amount needed to make sure there is adequate “rainy day money” to cover the scholarships should a downturn in lottery sales occur.  Legislators will debate how these funds can be spent in the coming weeks and the governor will present his proposal on this matter during his budget address later this month. 

     The state’s constitutional amendment limited the lottery money to college scholarships, expansion of new Pre-K and after school programs, and capital improvements for major improvements or building K-12 schools. The only facet of the 2002 Constitutional Amendment creating the Tennessee Education Lottery yet to be enacted by legislation is granting the use of excess lottery reserves for new capital outlay projects for Tennessee’s K-12 educational facilities.  Legislation was introduced last year calling for a portion of the excess funds to be transferred to a special K-12 capital outlay account for this purpose.   

     The Education Committee voted to form a subcommittee to study the many proposals before them on the lottery scholarship issue and will return with their recommendations within the next several weeks.  Senate Education Chairman Jamie Woodson (R-Knoxville) said she expects the matter to be resolved by March. 

Tennessee is key state in nation’s “war on drugs”

     Tennessee is a key state in the nation’s “War on Drugs,” according to Lt. Col. Byron Deel who briefed the Senate Judiciary Committee this week regarding his task force’s work to curtail drug trafficking in the state.  Deel is commander of the Tennessee Army National Guard’s Counterdrug Task Force, an 84-member team who assists local law enforcement in identifying and capturing drug traffickers and manufacturers.  The Task Force, who are federally funded but attached to the state’s Military Department, have specialized equipment and are highly trained in ground operations.  The group also provides counter-drug education to students in Tennessee schools.

     It is the state’s outstanding interstate highway system and prime location as a crossroads to other states that gives drug dealers “the ability to apply their trade,” Deel said.  This makes Tennessee one of the top 28 areas in the nation which the federal government has designated as a “high intensity drug area.”  Most of the other states in the drug trade corridor are on the nation’s border with Mexico.

     Tennessee’s problem with drug trafficking is evident by the fact that marijuana is the state’s number one cash crop.  The Counterdrug Task Force eradicated 485,920 plants last year, placing the state third in the nation for marijuana production.  The production of methamphetamines was close behind with 651 clandestine labs shut down in 2006, again placing the state third in the nation for meth.  Cocaine is also a substantial drug problem, as Tennessee seized 639 kilos of cocaine last year.  Another priority in the war on drugs is illegal use of prescription drugs.

     Deel said that although Tennessee had seen a drop in the number of clandestine meth labs in the last couple of years since the legislature passed comprehensive  anti-meth legislation, use still continues at almost the same rate due to the trafficking of the drug from “Super Labs” in Mexico.  Meth was once considered a prominent problem for the Cumberland Plateau and Appalachian areas, but Deel said the drug has now spread across the state and into Memphis.

     “We appreciate the work that Lt. Col. Deel and his task force have done to assist our local law enforcement officers in bringing to justice those who are selling and manufacturing illegal drugs in Tennessee,” said Judiciary Chairman Mae Beavers (R-Mt. Juliet).  “Certainly we need to continue pressing for more resources and tougher penalties to fight this growing crime, especially the importation of drugs from Mexico.”
Full Senate approves handgun permit legislation

     The full Senate approved and sent to the House legislation allowing citizens with handgun permits to carry their weapons into establishments that sell alcohol.   The bill, SB 23, allows law-abiding handgun permit holders to “carry” into restaurants or other establishments serving alcohol as long as the owners of the premises have not posted notification that they are banned.  Those who are in possession of a handgun are already prohibited from consuming alcohol or face a Class A misdemeanor, which carries a $2,000 fine and up to 11 months and 29 days in jail.  

     Tennessee has 185,000 citizens who have a license to carry a handgun.  There  have been no incidents with legal license holders in any of the 34 states that allow them to carry guns into such establishments.  Tennessee has also had no incidents with permit holders since the handgun carry law was enacted over a decade ago.

     Senator Tim Burchett (R-Knoxville) told senators “he had used his second amendment rights,” saying that “if I had not; it might have turned out differently.”  Burchett used a weapon to apprehend criminals trying to break into a warehouse.

     “Criminals are still going to carry guns into bars,” Burchett said.  “Law abiding citizens are the ones who can’t carry them now.”
     Similar legislation was sponsored by Republican Leader Mark Norris (R-Collierville) and was previously passed by the State Senate.  The bill, however, failed in the House of Representatives.

     “I am pleased our State Senate has approved this legislation,” said Senator Norris, who co-sponsored this year’s bill.  “We are hopeful that it will move through the House this year and will become law.”

Issues In Brief

     Abortion Resolution – A resolution for a constitutional amendment aimed at restoring commonsense protections on abortion in Tennessee received its first reading on the floor of the Senate this week.  The reading is the first of three that must take place before the measure is debated by State Senators.  The resolution, SJR 127, would authorize 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.  The action comes after the State Supreme Court ruled in 2000 that abortion in Tennessee is a “fundamental right.”  The state’s high court struck down basic protections such as waiting periods, informed consent, and surgical care protections before abortions are performed.

     “The practical effect would be to bring Tennessee back into a position of neutrality so the people of this state’s elected representatives can decide what protections can be put into place, within the bounds of federal decisions,” said Senator Diane Black, (R-Hendersonville) sponsor of the legislation.  

     Recycling – The full Senate has approved legislation this week calling for voluntary recycling of license plates.  The bill, SB 1851, would allow non-profit organizations to set up collection bins at locations where the plates are issued.  Senator Diane Black is sponsor of the bill.

     Financial Responsibility Law – The full Senate has also passed legislation, SB 1291, which requires judges to dismiss violations of the state’s financial responsibility law if the person charged with the violation presents sufficient evidence of compliance.  Senator Jim Tracy (R-Shelbyville) is sponsor of the bill. 

     Distracted driving – Distracted driving in construction zones was the highlight of the Senate Transportation Committee debate this week.  Christen Hayes, with the state’s “Between the Barrels” program told committee members that Tennessee’s work zones are the 7th worst in the nation for accidents.  The program tries to reach teen drivers who present the worst risk.  The teens are distracted by many things, Hayes said, including texting on their cell phones while driving.  Legislation, sponsored by Senator Jim Tracy (R-Shelbyville), Chairman of the Senate Transportation Committee, has been introduced this year to ban the practice.
  
     Ethanol / Kudzunol – The Senate Conservation and Environment Committee discussed alternative fuel sources, as experts told legislators that Tennessee is in a “position to be an industry leader in ethanol.  The state made a major investment in the production of alternative fuels last year.  The legislators were told kudzu, which has high concentrations of sugars and starches, can be used as a feedstock for making fuel grade ethanol.  Refining a fuel from kudzu would not compete with food grains for feedstock and a bi-product of kudzu fuel yields a high protein poultry and live stock feed.

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January 10, 2008

Contact:  Darlene Schlicher (615) 741-6336 or email:  darlene.schlicher@legislature.state.tn.us

Senate begins 2008 session by “getting down to work”

(NASHVILLE, TN, January 10, 2008) -- State Senators got right down to work on the first day of the second year of the 105th General Assembly, adopting a resolution to amend the state constitution to allow the legislature to place reasonable restrictions on abortion; clearing a bill to create an additional judgeship in the 22nd judicial district; and approving legislation permitting concealed weapons to be carried in places that serve alcohol.  On Wednesday, Senate committees approved a recycling bill, heard testimony regarding student proficiency, studied the readiness of Tennessee’s emergency preparedness and reviewed the state’s new Cover TN health program.

The action to move quickly into the business of the 2008 legislative year came after Lt. Governor Ron Ramsey opened the session reminding state senators of the privilege entrusted to them by Tennesseans and asking them to focus on the citizens as they “get their work done on time.”

Senate Republican Leader Mark Norris (R-Collierville), who also serves as Chairman of the Senate Rules Committee, gave notice that the Senate rule against unnecessary delays in presenting legislation will be enforced.  “We expect less rhetoric and more results,” he said.

Abortion Resolution Heads to Senate Floor

The Senate Judiciary Committee voted 6-2 to restore commonsense protections on abortion in Tennessee by approving a resolution for a constitutional amendment.  The bill provides that abortion rights in Tennessee are no greater than those provided by federal case law, or Roe v. Wade.

The legislation, SJR 127, would address the State Supreme Court decision in 2000 that struck down provisions in Tennessee law ordering 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 courts required in Roe v. Wade. 

 “The majority of Tennesseans believe that we should have basic protections in place such as waiting periods, informed consent, and surgical care protections before abortions are performed,” said Senator Diane Black (R-Gallatin), sponsor of the resolution.   “This amendment is a first step in allowing the people of Tennessee to have a say on this important issue.”

“What we need to do is get back to neutrality to make commonsense protections on abortions in Tennessee,” she added.   “We must have language in the constitution in order to do that.  The Supreme Court made a decision to take the legislature out of the position of making reasonable laws to protect women in Tennessee.  We are trying to put that legislative authority back in place.”

Black was successful in fighting off attempts to place additional language into the resolution that would confuse the issue on the ballot.  Those amendments dealt with certain circumstances in which any abortion protections would be exempt. 

 “Changing the constitution is a long and arduous process,” Black added.  “We need to put into place simplified language that allows us to move forward with the reforms.  Any exemptions or further policy decisions could then be debated as we do other statutory laws, whether it is to restore the 48-hour waiting period or exempt victims of rape," she concluded.  

The bill now goes to the floor of the Senate for final consideration before passage.  The first of the three required readings of the Resolution could be as early as Monday. 

Senate Judiciary Committee approves handgun permit legislation

The Senate Judiciary Committee also approved legislation allowing citizens with handgun permits to carry their weapons into establishments that sell alcohol.   The bill, SB 23, allows law-abiding handgun permit holders to “carry” into restaurants or other establishments serving alcohol as long as the owners of the premises have not posted notification that they are banned.  Those who are in possession of a handgun are already prohibited from consuming alcohol or face a Class A misdemeanor, which carries a $2,000 fine and up to 11 months and 29 days in jail.   

Tennessee has 185,000 citizens who have a license to carry a handgun.  Sponsors say that there have been no incidents with legal license holders in any of the 34 states that allow them to carry guns into such establishments.  Tennessee has also had no incidents with permit holders since the handgun carry law was enacted over a decade ago.

Similar legislation was sponsored by Republican Leader Mark Norris (R-Collierville) and was passed by the State Senate in 2005.  The bill, however, failed in the House of Representatives.

Senate General Welfare Committee hears Cover TN update/
Senators concerned over loophole that leaves Cover Rx open to fraud

The Senate General Welfare Committee heard testimony this week from Laurie Lee, director of Health Planning Services for the Department of Finance and Administration regarding Cover Tennessee, the state's year-old program that provides health care insurance to uninsured citizens.  The program provides healthcare coverage under three different plans, Cover Tennessee, Access Tennessee, and Cover Kids.  It also provides pharmacy assistance for the uninsured under the Cover Rx program. 

Senator Jack Johnson (R-Franklin) and Senator Randy McNally (R-Oak Ridge) questioned administration officials about the ability of the Office of the Inspector General (OIG) to investigate fraud and abuse in the Cover Rx program.  Other aspects of the TennCare program and Cover Tennessee are open to the authority of that investigatory office.

“It is concerning that we have a loophole in the law,” said Senator Johnson.  “All components of this plan should be held to the highest standards of accountability and review to guard against fraud and abuse.  We must learn the lessons of TennCare by making sure the proper authorities have full investigative power to thoroughly review all of these programs, including the pharmacy portion.  It is my intention to introduce legislation that will correct this oversight and give OIG statutory authority to investigate cases of fraud and abuse."

The Cover Tennessee program is aimed at providing affordable and portable health care coverage to uninsured Tennesseans.  Eligibility for the program has now been extended to those with 50 or fewer full time equivalent employees when half earn $43,000 or less annually.  Access Tennessee expands eligibility to chronically ill and medically uninsurable citizens, but has higher premiums than the Cover Tennessee program.  Cover Kids is provided for children age 18 and under when the household income is up to 250 percent of the federal poverty level.  Approximately 63,000 Tennesseans are participating in the programs.

Issues In Brief

Revenue Outlook – State Comptroller John Morgan gave senators on the Senate Finance Committee a bleak picture of the status of the state’s revenues.  Tennessee’s revenues lag $150 to $240 million behind budgeted estimates, even though they are expected to grow by 3.1 to 3.6 percent for the current fiscal year.  This is due to an economic slowdown in the housing market and underperforming franchise and excise taxes.  Morgan said the state will need about $129 million to cover growth in the state’s BEP 2.0 program.  Morgan also said the state will need about $238 million in lottery proceeds to fund current lottery scholarships and $25 million to continue a portion of the Pre-K program.  The lottery is expected to generate up to $284 million this year.

Homeland Security – The State and Local Government Committee heard engaging testimony this week from Lt. Col. David Smith who leads a highly trained and equipped 22-member Weapons of Mass Destruction Civil Support Team in Tennessee.  The team is a federally funded unit that is trained to respond to any incident involving acts of terrorism within an hour of attack.  Smith told the committee that Tennessee faces a real threat of attack as terrorists gain more technological knowledge.  “There has been a lot of progression (improvement to identify and counter an attack) since 9-11,” he said.  But, the threat is still here.  These guys want to push their agenda.” 

Recycling – Senator Diane Black (R-Gallatin) pushed legislation through the Senate Transportation Committee this week calling for voluntary recycling for license plates.  The bill, SB 1851, would set up collection bins at locations where the plates are issued.

New Judgeship – The 22nd judicial district would have a new judge if legislation sponsored by Senator Bill Ketron (R-Murfreesboro) passes the legislature this year.  The bill, SB 901, got its first boost this week as it was approved by the Senate Judiciary Committee.  The average caseload for a judgeship is approximately 5,000; whereas, the 22nd district caseload has grown to about 13,000.

Financial Responsibility Law – The Senate Judiciary Committee has passed legislation that requires judges to dismiss violations of the state’s financial responsibility law if the person charged with the violation presents sufficient evidence of compliance.  The bill, SB 1291, is sponsored by Senator Jim Tracy (R-Shelbyville).

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Week of June 11, 2007

Senate and House Agree on Budget, Tax Relief

On Tuesday, lawmakers concluded their business and adjourned the first annual legislative session of the 105th General Assembly.  The session culminated with passage of the $27.9 billion budget for the 2007-08 fiscal year.  The budget provided for a record investment in education of $588.4 million, an extraordinary deposit into the state’s “Rainy Day Fund” of $253 million and an unprecedented tax relief package totaling nearly $60 million.

Tax Relief

Senate Republicans have long advocated for lowering taxes.  With the outstanding revenue growth of the past year, the time was ripe for returning money to the taxpayers.

A measure to reduce the sales tax on food was guided through the Senate by Sen. Mae Beavers (R-Mt. Juliet).  SB 568 lowered the current state sales tax on food from 6% to 5½%.  Sen. Beavers recognized that it may not seem like much, but it is a good first step.

During the last election, 84 percent of Tennesseans voted to amend the state constitution to allow local governments to freeze property taxes for homeowners 65 and up.  Sen. Mark Norris (R-Collierville), the prime sponsor of the proposal, has been working all session on language to enable the measure. SB 2 will allow local governments to use the median household income of people ages 65-74 in each county as the maximum income level for seniors to qualify for the property tax freeze.

The legislature also approved a measure that will help veterans with their property taxes.  SB 28 allows any veteran who has service-connected permanent and total disability to qualify for property tax relief.

Included in the Republican Tax Relief Package, is an additional sales tax holiday weekend to take place in March 2008.  Current law already provides for one annual sales tax holiday to take place at the beginning of the school year in August.

Saving for a Rainy Day

Tennessee, like most households, has a savings account.  The Revenue Fluctuation Reserve Fund, more commonly called the “Rainy Day Fund”, was created to help state officials in difficult economic times. Funds in the account can be used “to meet unexpected shortfalls of revenue or to meet expenditure requirements in excess of budgeted appropriation levels”.

In recent history, the state has used all of its reserve funds in the account.  Careful management by the legislature has helped restore the fund to record levels.  This year, the Senate approved depositing an additional $253 million into the account which will bring the fund to a total of $750 million.

Republicans are proud to have the “Rainy Day Fund” at record levels.  This investment will protect the state and taxpayers when revenues begin to dip.

BEP and Accountability

Earlier in the month, the Senate overwhelmingly approved a proposal to overhaul the Basic Education Program (BEP).  The plan includes a new fiscal capacity model, an elimination of the cost differential factor (CDF) and an increase in the state's share of teacher pay.

The Senate also unanimously passed SB 570 by Sen. Randy McNally (R-Oak Ridge).  As amended, the bill called for more accountability in the state’s public schools.  The Republicans in the Senate firmly believe that if additional funds are going to local governments for education, more must be required of the schools. 

The bill includes provisions to give principals more control and to increase standards for student achievement.  Another key component will allow local education agencies to develop guidelines to offer differentiated pay plans, including bonuses, for highly qualified teachers in certain needed areas like math and science.      

Crime Package

The approved budget includes a number of components of the Tennessee Public Safety Coalition’s (TPSC) legislative crime package.  Funding for the “Crooks with Guns” legislation, sponsored by Sen. Norris, was included in the budget. The cost, $23.4 million, is the largest investment in crime prevention since the sentencing act of 1989.

Sen. Randy McNally (R-Oak Ridge) and Sen. Beavers successfully secured funding for an additional 32 assistant District Attorneys and 19 assistant Public Defenders. 

The Senate continued to pass laws cracking down on sexual predators in the final days of session. SB 230 by Sen. Diane Black (R-Gallatin) requires individuals convicted of repeat sexual offenses to serve 100% of their sentence.

A measure similar to the well publicized “Jessica’s Law” was approved by the legislature as well.  Sen. Tim Burchett (R-Knoxville), Sen. Beavers, Sen. Black and several others have worked tirelessly to ensure that sexual offenders stay behind bars. SB 2235 increases the minimum penalty for rape of a child to 25 years in prison.  Currently the minimum penalty is 15 years in prison.

Illegal Immigration

Senate Republicans also dealt a strong blow to those employing illegal aliens.  SB 202 by Sen. Bill Ketron (R-Murfreesboro) passed both the Senate and the House in the waning days of session.

As amended, the bill provides for the Commissioner of the Department of Labor and Workforce Development to order the appropriate regulatory board or local government to revoke, suspend or deny a person’s license if that person is unlawfully employing an illegal alien and the violation has occurred within the scope of practice of a license issued by the state of Tennessee.

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