Capitol Hill Week

Contact:  Darlene Schlicher (615) 741-6336 or email:  darlene.schlicher@capitol.tn.gov  

     (NASHVILLE, TN), January 28, 2010 –   The Tennessee General Assembly returned to Capitol Hill this week to close out the Special Session on Education and begin the work of the 2010 legislative session.  Although the budget deficit will be the predominant driver for legislative action this year, other issues that will headline the legislature’s agenda are unemployment, job creation, and preparing for Congressional action on health care that could have a huge negative impact on the state’s finances in the future.   

Resolution would ensure future generations have the right to hunt and fish in Tennessee

     Action on the Senate floor this week included several bills pending from the 2009 legislative session.  One such bill approved by the full Senate gives Tennessee voters the opportunity to decide if the state’s Constitution should be amended to recognize that citizens have the right to hunt and fish.  The resolution was approved after all members of the Senate were added as sponsors of the measure.   An identical resolution was approved during the 2007-2008 legislative sessions by a simple majority, however, the Constitution requires a two-thirds vote in the succeeding General Assembly before it can be placed on the ballot in November 2010.

     “This resolution is critically important to the long term preservation of both our wildlife preservation efforts and our state’s great hunting and fishing heritage,” said Speaker Pro Tempore Jamie Woodson.  “It will ensure that the state’s hunting traditions will be enjoyed by future generations of Tennesseans.”

     Tennessee, like most other states, predicates wildlife conservation efforts on a user pay system supported by sportsmen.  The sportsmen pay for all wildlife conservation efforts, not just game fish and animals, including the acquisition of protected land and preservation of endangered species.  Protection of the sportsmen’s right to hunt and fish make sure wildlife preservation efforts in Tennessee continue indefinitely.  In addition, sportsmen pump millions of dollars into Tennessee’s economy.   

     The resolution, Senate Joint Resolution 30, will give sportsmen a voice in court on any future action that would deny their right to hunt and fish if approved by the voters.  The ballot measure will be voted on in the same manner as the "Victim's Rights Amendment" in 1998, the “State Lottery Scholarship Amendment” of 2002, or the latest amendment to give property tax relief to the elderly.

 

     “A constitutional right to hunt and fish will afford some added level of protection, added Woodson.  “I am pleased that voters will have the opportunity to guarantee this right for generations to come.”

Senate overrides Governor’s veto on restaurant menu requirements

     The Senate voted 24 to 7 to override the governor’s veto of legislation approved last year to ban unelected local government regulatory agencies from imposing requirements on restaurants to post calories on menus.  The Senate passed the measure, Senate Bill 1092, last year after many small businesses raised concerns that some communities will impose different standards than those likely to be required at the federal level, which will significantly increase costs to small restaurant owners.   

     Last March, Davidson County’s Metro Board of Health, made up of unelected members, voted to require restaurants located in that county to post caloric information on menus even though Congress is considering the Federal LEAN Act.  That act would implement a national standard generally accepted by restaurant owners to provide standardized nutritional information to customers.  This year the same Metro Board voted to suspend its regulations until they can be reconciled with the federal legislation that is also included in the health care bill pending in Congress.   

     Small business owners, as well as the restaurant and hospitality associations, support the LEAN Act, which requires some restaurant chains to post calories on menus, as well as other information that is helpful like total fat, cholesterol, sodium, and sugars.  However, they want a consistent labeling system across all levels of government rather than having to comply with separate requirements from local, state and federal governments which would be costly to small business owners.

     “Our small businesses are struggling as it is to make ends meet in difficult financial times and must comply with red tape imposed on them by multi-levels of government,” said Senator Diane Black, sponsor of the bill.  “We are not against nutritional information being available to consumers.  This is about unelected regulatory agencies that should not have the power to impose their own mandates on what should be posted on menus, which will likely be in addition to what is required at the federal level upon passage of the LEAN Act.”

Senate Commerce Committee approves legislation to boost sale of “prime milk” by Tennessee dairy farmers

     The Senate Commerce Committee has approved a bill sponsored by Senator Mike Faulk (R-Church Hill) to help Tennessee’s dairy farmers by establishing a category of milk to be called "Tennessee Prime Milk.”  The voluntary milk labeling category is designed to promote Tennessee's new official state drink: milk!  

     The bill, Senate Bill 1899, aims to help Tennessee's dairy farmers which have declined from 10,000 active farms at the height of the business to 500 today.  The bill allows marketing and sale of a "home grown" milk product with solid non-fat content that will likely be priced below organic milk categories.   

     "We need to do everything we can to help our local dairy farmers who are struggling in a tough economic climate," said Senator Faulk.  "This bill provides them a platform to launch a product to boost sales of milk from Tennessee dairy farms."

     The voluntary program calls for the milk to be certified by the state’s Department of Agriculture for sale at retail stores as “Tennessee Prime Milk” if it meets higher standards.  Bottling plants can label their milk as "Tennessee Prime Milk", as long as 80% of the milk is produced in Tennessee.  Reduced fat Tennessee prime milk sold at retail must contain at least 10 percent milk solids not fat (SNF); non-fat or skim Tennessee prime milk must contain at least 9 percent SNF; and whole Tennessee prime milk must contain at least 8.5 percent SNF.

     "Only 50 percent of milk consumed in the state is from Tennessee dairies," added Faulk.  "Hopefully this legislation will give consumers an optimal Tennessee product, while helping our farmers."  

General Welfare, Health and Human Resources Committee hears strategies for improving health in Tennessee

     In Committee action this week, the General Welfare, Health and Human Resources Committee heard from Jeff Ockerman with Tennessee’s Division of Health Planning regarding strategies for improving health in the state.  Ockerman is charged with implementing an act passed by the General Assembly to develop a state health plan that will serve as a guide to improve the overall health care of Tennesseans.

     Tennessee has been called one of the least healthy states in America, ranking 47th in the nation.  In addition, the state’s health system performance has ranked below average as well at 39th in the nation.  According to Ockerman, once the plan is in place it will provide a vision for moving Tennessee’s current health care system to an integrated system of care, which is more efficient and effective.  It will also focus on the need for health promotion, health education, disease prevention, better nutrition, and chronic disease management.

     Ockerman said Tennessee has been successful in the state’s childhood immunization effort with 83.1 percent of children being immunized.  The national average is 80.1 percent.   The remainder of the indicators on the health status of Tennesseans, however, is grim.  Tennessee is the worst in the nation in infant mortality, with an 8.8 per 1000 birth death rate.  The national average for infant mortality is 6.6 per 1,000 births.  Adult diabetes is a major concern since the state is above the national 8 percent average, with 10.4 percent of Tennesseans having the disease.  In following, adult obesity is 31.2 percent in Tennessee, well above the 26.7 percent average.  Likewise, one of the most concerning indicators is childhood obesity.  Tennessee children are well above the 28.8 percent national average, with 35 percent overweight.

    Senator Rusty Crowe (R-Johnson City), Chairman of the Senate Health and Human Resources Committee said, “I have asked Jeff Ockerman to appear before the committee so that we may begin to better understand those areas needing improvement and so that we might develop strategies and provide solutions in those areas.  I thank the governor and Mr. Ockerman for their work on this project.  I have asked him to return at a later date when he has made progress on the plan to identify further how we might focus on these problem areas and improve our state health rankings.”

Open Records Counsel gives lawmakers an update on efforts to open government in Tennessee
 

     The Senate State and Local Government Committee heard an update from Elisha Hodge, Director of the Office of Open Records Counsel, regarding efforts to open government in Tennessee.  The office was created in 2008 as a division of the State Comptroller’s Office to resolve disputes regarding access to public records and promote education and awareness of Tennessee’s public records and open meetings law.  It also assists Tennesseans in obtaining public records from local governments by guiding them to the correct offices or officials.    

     Hodge said the Office of Open Records dealt with 898 inquiries in 2009, of which 456 were from government entities, 63 from media, and 379 from individual citizens.  The Office also dealt with 14 complaints of the open meetings act and was involved in 3 public records lawsuits.  The Office did 29 opinions dealing with a variety of subjects involving open records.   

     The Tennessee Public Records Act provides that Tennessee citizens have the right to receive copies of public records, further supporting transparency in government.  The Office of Open Records set a schedule of reasonable charges for photocopies at 15 cents for each black and white copy and 50 cents for color.   

     “Our open records law is working to make governments across Tennessee more transparent and accountable to the public,” said State and Local Government Committee Chairman Bill Ketron.  “I commend their work and look forward to seeing their continued efforts in opening up government to Tennessee citizens.”   

     Hodge also reported that two local government entities are taking advantage of the expansion of a pilot program utilized in Knox County that brings sunshine online to the Internet.  Blount County is now approved to use technology to set up an online forum for elected officials to communicate outside of public meetings; but within the bounds of the state’s Sunshine law, while Loudon County is close to finalizing a similar plan.   

     Under the law, elected bodies statewide can set up websites where they can post messages to one another after approval by the Office of Open Records Counsel.  These “conversations” would be available for the public and media’s viewing.  The technological sunshine bill is designed to make it easier for officials to conduct business, while balancing the public’s right to know.

     “I am very pleased that this new law is working to provide a new technological forum for our elected officials and their constituents,” said Senator Randy McNally, who sponsored the legislation.  “As technology and Internet capabilities continue to advance, I expect to see this program expand to other areas of the state.”  

Bills in Brief

     Tourism – Tourism Commissioner Susan Whitaker appeared before the Senate Conservation and Environment Committee this week to update lawmakers on efforts to promote travel to and within the state.  Whitaker said tourism is up from $14.2 billion to $14.4 billion over the last year, although some parts of the state have been hit hard by the recession.  The state is in the top ten in the U.S. in tourism and is doing very well compared to neighboring states, some of which are in double-digit decline.  Tennessee is promoting a scenic by-ways project to get tourists into the more rural areas of the state, which is already meeting with some success.   

     Using data to drive teacher instruction – Senate Education Committee members heard from Murfreesboro’s Scales Elementary teacher Pam East this week regarding her efforts to use student test data to drive individualized instruction.  East, who is the author of “The 5-Step Way to Raise Test Scores” outlined the basic steps of analyzing a variety of student data and then using that information to drive classroom instruction.  She said it was a way to target instruction exactly where it’s needed.  The veteran teacher looks at standardized test scores as a tool to bring student’s learning to new heights.

     Education reforms signed – This week the governor signed legislation that passed during the Special Session on Education.  The legislation focused on improving K-12 education and putting Tennessee in position to be a leader in the Race to the Top competition.  If successful, the state could receive up to $500 million in federal funds.  A second bill focuses on Higher Education measures to help ensure that students are successful in completing their college degrees or post-secondary academic programs.  

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Contact:  Darlene Schlicher (615) 741-6336 or email:  darlene.schlicher@capitol.tn.gov

     (NASHVILLE, TN),  February 11, 2010  --  Jobs, the economy, and health care in Tennessee were recurring topics for discussion on Capitol Hill as lawmakers completed the third week of the regular 2010 legislative session.  While Senate committees are beginning to move a number of bills to the floor for final consideration, they continue to be updated on a wide variety of important matters facing Tennessee.  These subjects range from what Tennessee is doing to battle cancer to how we can better use technological advances to help struggling students succeed.

Two Reports released this week provide grim state economic forecast

     Two separate reports were released this week, providing a grim forecast for Tennessee’s immediate economic recovery.  The first, which is the state’s January revenue report, showed Tennessee is in its 20th consecutive month in which sales taxes have recorded negative growth.  The revenue report tracks Tennessee’s tax collections on a month to month basis and is an important guide to help lawmakers construct the budget.  The news was particularly disappointing because it contained the December holiday sales tax collections which had showed a slight improvement at the national level. 

     Tennessee’s sales tax collections continue to be a concern for the state’s general fund.
Year-to-date collections for the first six months of the fiscal year, which began July 1, are $185 million less than the budgeted estimate.  They also performed worse than the national average in the third quarter of 2009.  If the trend continues to show under collection, it could mean the state’s Funding Board will have to adjust the budget estimates for the 2010-11 budget year when it meets on March 31.  The budget presented by Governor Bredesen last week is crafted from the high end of the revenue figures adopted by the Funding Board at a 1.9 percent growth rate. 

     The second report, prepared by the University of Tennessee’s Center for Business and Economic Research, focuses on Tennessee’s economic outlook over the next several years.  The study claims it will take “well over two years” for the state’s economy to rebound fully mainly due to Tennessee’s high unemployment rate. 

     Revenues are not expected to surpass their pre-recession peak until 2012-13, when the state’s unemployment rate is predicted to improve.  The state’s unemployment rate stood at 5.3 percent in 2007 and has more than doubled to 10.9 percent as of January.  The report projects that the rate will remain “stubbornly high for several years to come, not falling below 7 percent until 2016.”

     “It is more critical than ever that we keep our low tax, pro-growth business climate in Tennessee,” said Senate Commerce and Labor Chairman Jack Johnson (R-Franklin).  “We are very focused on improving Tennessee’s business climate so the private sector will have the confidence to create new jobs in the state.”

     The report showed the state’s automobile industry is a double-edged sword in looking at Tennessee’s job outlook.  While employment in the state’s transportation sector has declined during the recession, Tennessee will benefit from the Volkswagen and Nissan Leaf production facilities which will soon begin to operate.  The report points to the need for educational improvements, stating Tennessee “will need to offer a highly skilled workforce to maintain and support the automobile industry cluster.”
      
Commerce Committee approves Tennessee Health Freedom Act

     Several health issues were debated on Capitol Hill this week, including legislation approved by the Senate Commerce and Labor Committee to protect the freedom of Tennessee patients to make their own health care choices, regardless of any future federal action.  The bill, called the Tennessee Health Freedom Act, mirrors legislation currently being considered in over thirty other state legislatures.  It is sponsored by Senator Mae Beavers (R-Mt. Juliet), Senator Jim Tracy (R-Shelbyville), Senator Dolores Gresham (R-Somerville) and Senator Diane Black (R-Gallatin).  

      “Never in our history has the U.S. government required its citizens – simply because they are citizens – to purchase a particular product from a private company or government entity,” said Senator Beavers.  “This act seeks to protect the rights of Tennesseans to choose what type and quantity of health insurance to purchase.”

     The legislation, Senate Bill 3498, would protect a citizen’s right to participate, or not participate, in any healthcare system, and would prohibit the federal government from imposing fines or penalties on that person’s decision.  It does not seek to “nullify” any federal law, as it would still allow individuals the option to participate in a federal program; however, it would also acknowledge the right of individuals to refuse to participate in a government-run health insurance program.  The bill also calls on the state’s Attorney General to take action in the defense or prosecution of rights protected under the legislation.

     “No matter what legislation eventually passes through Congress, as state legislators, we need to stand up for the citizens of this state, our fantastic doctors and hospitals, and stand up against unconstitutional and unprecedented federal mandates,” Beavers added.   

     The Tennessee Health Freedom Act will now move to the Senate floor in the coming weeks to be voted on by the entire Senate, and then the measure must be approved by the House of Representatives before it going to the Governor for his signature.

Bill would strengthen Tennessee’s small group health cooperatives

     The Senate Commerce Committee has approved legislation reducing from five to three years the time in which participants must commit to purchasing coverage through small group health cooperatives. The bill amends a law passed by the General Assembly in 2008 to provide more flexibility for small business owners who may choose to form these pools.  That law defined a health group cooperative as a private purchasing cooperative that contains at least 1,000 employees or has a minimum of 10 participating employers.  Membership is voluntary, but participants must commit to purchasing coverage of fully funded plans through the cooperative for five years. 

     The legislation approved this week, Senate Bill 2836, simply reduces the number of years in which participant must commit to three years.  The time reduction still ensures pool stability, while working to attract more interest from small businesses and the insurance industry to participate in the cooperatives. 

     “Health insurance market reform continues to be a high priority for small businesses in order to attempt to address rising costs to maintain coverage for employees,” said Senator Steve Southerland (R-Morristown), sponsor of the bill.  “The cooperatives allow more small business owners to join together to negotiate lower health insurance rates. It not only encourages more small employers to purchase health insurance, it also gives them predictability and stability in health-insurance rates.”

Tennessee’s Comprehensive Cancer Control Coalition working to fight state’s high cancer rates

     The Senate General Welfare, Health and Human Resources Committee heard testimony this week from Bruce Behringer, Associate Vice President for East Tennessee State University’s Division of Health Services; Robert Clark, St. Jude Hospital’s Government Affairs Representative, and Cancer Surgeon, Dr. Ingrid M. Mazoi of Tennessee’s Comprehensive Cancer Control Coalition regarding their efforts to fight the state’s high cancer rate.  The group told lawmakers that Tennessee has the 4th highest incidence rate in the nation for new cases of cancer. 

     Cancer remains the second leading cause of death in Tennessee, impacting every individual, family and community.  The problem is particularly acute among African Americans, as Tennessee ranks 1st in the nation in breast cancer mortality among black women in the state.  Similarly, new case rates for African American men in Tennessee are at least 50 percent higher than national rates in all but one health region, while colorectal cancer among black females in Tennessee have the 3rd highest incidence rate nationwide. 

     Lung cancer rates are also elevated, with Tennessee having the 4th highest rate in the U.S.  The Coalition leaders said that lung cancer is the most important reason why Tennessee’s overall cancer mortality rate is so high compared to national rates.

     The Coalition provided the committee with a comprehensive plan for action to guide member’s efforts and promote collaborations to fight the disease.  Using a state leadership structure, as well as standing and resource committees, more than 400 volunteers are working with the Coalition to battle cancer across Tennessee.  A cancer registry was established in 2005 to track the disease by gender, type, and other factors to provide valuable information to help direct treatment and education efforts. 

     The group said one of the biggest battles to help combat the disease is to get people to change behaviors to reduce their risks and prevent cancer.  The prevention efforts include reducing tobacco use, making good food choices and exercise to maintain a healthy weight.  The U.S. Department of Health and Human Services estimates that 50 percent of all cancer deaths could be prevented through eliminating or reducing unhealthy behaviors.

     “I thank the members of the Comprehensive Cancer Control Coalition for the very important work it is doing,” said Senate General Welfare, Health and Human Services Chairman Rusty Crowe (R-Johnson City).  “We must find ways to begin reducing Tennessee’s high cancer rate.  I look forward to seeing their plan in action and hearing from them again as we address this important health issue.”

Education Committee hears testimony regarding use of technology to help students succeed

     The Senate Education Committee heard testimony from two separate groups regarding the use of technology to help students in Tennessee succeed.  Representatives from the Tennessee Board of Regent’s talked to committee members about their Virtual Dual Enrollment Lap Top Pilot Project, which has assisted 300 high school juniors and seniors through the use of computer technology to be “college- and work-ready.” 

     The project was designed for high school students who are eligible for the lottery dual enrollment scholarship and enrolled in post secondary courses that require a computer to access classes.  Officials say the project has provided students in rural counties an opportunity to be involved in a dual enrollment program that might not have been available otherwise.  With an 86 percent retention rate, the program has boosted the interest of high school students in becoming dually enrolled.  In Community Colleges, where dual enrollment was already working, the program provided assistance to keep students moving forward in their studies. 

     Lawmakers also heard testimony from a representative of the Education Program for Gifted Youth, a program offered by Stanford University and operating in the Memphis area.  That program, which also uses the Internet for distance learning, helps underperforming students close the achievement gap by focusing on individual needs.   Officials say students enrolled in the program increased their test TCAP test scores by an average of 20.5 points.

Bills in Brief

Black fly suppression -- The Senate Commerce Committee has approved a bill to allow the black fly suppression program to continue for another year.  The bill, Senate Bill 2498 sponsored by Senator Steve Southerland (R-Morristown), addresses the problem experienced by residents and tourists along the Pigeon and Little Pigeon Rivers in the Great Smoky Mountain area where the black flies attach their larvae to rocks in the flowing waters.  The suppression program includes an EPA approved chemical which can be placed in the river to reduce the larvae before the flies hatch without causing harm to humans or the environment.  The flies, also referred to as gnats, are attracted to carbon dioxide breathed by humans and livestock.

Carbon monoxide alarms – Legislation, Senate Bill 3581 sponsored by Senator Bill Ketron (R-Murfreesboro), was approved by Senate Commerce Committee members this week to require new residential construction to contain a carbon monoxide alarm detector.  The detectors can be combined with smoke detectors.  Carbon monoxide cannot be detected through normal human senses as it is odorless and invisible.  Each year in the U.S., 400 people die and 20,000 seek hospital treatment due to carbon monoxide poisoning.  The cost of the detectors is as low as $20.00.