Report shows 2011 job growth is best in 5 years

(NASHVILLE, TN), February 2, 2012 --  Governor Bill Haslam presented his State of the State / Budget Address to the General Assembly this week outlining his proposals for promoting job growth; improving education; enhancing public safety; providing a more customer-focused, efficient and effective state government; and, keeping taxes low.  Asking citizens to believe in better for Tennessee, the Governor said, “We can believe in better for how state government serves Tennesseans.  We can believe in better when it comes to the education of our children, and we can believe in better when we talk about a stronger, healthier economy for our state.”

The budget provides funding for the governor’s legislative proposals announced earlier in the year that include tougher sentences for certain gang-related crimes and gun possession by those with prior violent felony convictions along with mandatory incarceration for repeat domestic violence offenders.  The proposals also call for raising the exemption level on the estate tax in Tennessee from $1 million to $1.25 million to lower the tax burden on family farmers and family business owners; and lowering the state portion of the sales tax on food from 5.5 percent to 5.3 percent with the goal of reducing it to 5 percent during the next three years. 

“It's a budget I'm pleased to sponsor and will be proud to pass,” said Senate Majority Leader Mark Norris. (R-Collierville). “Public safety, education, the economy and tax relief are priorities, and essential services are preserved.”

On jobs, the Governor said he is continuing efforts to attract new businesses to Tennessee by creating the right business climate, with the goal of making the state the number one location in the Southeast for high-quality jobs.  The budget provides an additional $10 million in FastTrack Infrastructure and the Job Training Program.  In addition, the administration is continuing a review of burdensome and business-inhibiting federal and state regulations. 

The proposed 2012-2013 budget, which will begin on July 1, spends $31 billion, nearly $1 million less than the almost $32 billion estimated for the current budget year.  Tennessee has worked hard to ‘resize’ state programs and services to reflect a much smaller budget, especially with the uncertainty of potential cuts from Washington. 

“Two things stood out in the Governor’s speech,” said Senate Finance Chairman Randy McNally.  “The Governor wants to run an effective, efficient government and he stressed that it's the taxpayers' money, not government's. Those were important distinctions to make.”

Highlights of the budget include:
• Restores more than $100 million of the $160 million “core services” funding that was designated two years ago to be cut, such as the Coordinated School Health program; extended teacher contracts; alcohol and abuse treatment programs; juvenile justice grants; diabetes prevention; and matching dollars for state employee 401k programs.
• Full funding for the Basic Education Program.
• $264 million is proposed to fund long-deferred capital outlay projects in higher education including a  new science building at Middle Tennessee State University; a science lab at the University of Tennessee in Knoxville; a new patient diagnostic center at the University of Tennessee Health Science Center in Memphis; plus planning money for new buildings at Nashville State Community College, Northeast State Community College, the University of Memphis and the University of Tennessee at Chattanooga.
• A 2.5 percent pay increase for state employees.
• Adds $50 million to the Rainy Day Fund, bringing it up to $356 million.
• A continued commitment to the West Tennessee Megasite with $25 million.
• More than $23 million to fund a new veterans home in Bradley County.

The complete text of the governor’s speech and an archived video of his speech are available at www.tn.gov/StateoftheState

Report shows 28,535 jobs created in Tennessee in 2011
Best record of job creation in five years

A report released by the Tennessee Department of Economic and Community Development (ECD) revealed good news this week on Tennessee’s job front.  The Department’s 2011 Annual Report showed 28,535 new jobs were created in Tennessee last year, accounting for more than $4 billion in investment.  This is the state’s highest mark in job creation in the last five years.

The news follows the passage of several bills in the General Assembly last year aimed at attracting and retaining jobs by enhancing Tennessee’s business climate.  This included offering businesses more predictability and a way to quantify risk through tort reform.  It also included new laws to improve education outcomes and a top to bottom review of the state’s business regulations with the goal of removing any unnecessary bureaucratic barriers which have stymied entrepreneurship.

"Implementing the Administration's economic development strategies is a privilege. Seeing them succeed is satisfying. Neighbors returning to work is a blessing," said Senate Majority Leader Mark Norris who sponsored most of the bills enhancing Tennessee's pro-business environment.

Governor Haslam has stated his mission is to develop strategies which help make Tennessee the No. 1 location in the Southeast for high quality jobs. The Governor and key staff have traveled the state to meet with more than 2,000 companies and over 700 economic development stakeholders.
 
“This is great news,” said Senate Republican Caucus Chairman Bill Ketron (R-Murfreesboro).  “The Governor’s job’s team has worked very hard and should be commended for this success.  We have also continued to focus on job creation through making Tennessee’s business environment welcoming to new jobs.  This includes defeating job killer bills which have come before us over the past several years.” 

The Governor’s Jobs4TN economic development plan, announced in April 2011, has focused efforts on key sectors where the state holds a unique competitive advantage; along with a renewed emphasis on assisting existing Tennessee companies that create the vast majority of all new jobs in the state.  In addition, ECD was able to significantly lower the average cost of incentives per new job created compared to the previous decade.  In 2011, the average incentive cost per job was $2,640 versus $5,586 for the years 2002-2010, a reduction of more than 50 percent. 

To read more or download a copy of ECD’s 2011 Annual Report, please visit tn.gov/ecd/pdf/2011AnnualReport.pdf.

Judiciary Committee approves bill to make criminal acts conducted by appointed or elected public officials ineligible for judicial diversion

 The Senate Judiciary Committee has unanimously approved legislation which makes state or local officials who have committed a crime during their term of office ineligible for consideration of either pre-trial or judicial diversion.  Senate Bill 2566, sponsored by Senator Ken Yager (R-Harriman), simply adds a criminal offense committed by officials in the executive, legislative or judicial branch to the list of those which are ineligible for judicial diversion, if the crime was committed in their official capacity or involved the duties of their office.

Judicial diversion is a process in criminal law where a person pleads guilty to a crime and can later have the charge removed (or expunged) from their record following a period of probation.  It is granted by the judge, hence its name “judicial.”  A person is eligible for judicial diversion in Tennessee if the person does not have a previous class A misdemeanor, felony conviction, or never received diversion or had his or her record expunged before.  Those charged with a class A felony, a class B felony, a sexual offense, or a DUI are not eligible for judicial diversion under state law. 
 
“As officials, we ask for these jobs,” said Senator Yager.  “The citizens who allow us to serve do not expect us to solve every problem, but they do expect us to exercise good judgment and to stay honest.  We have all heard that adage that a public office is a public trust.  Public officials must be held to a higher standard.  The privilege of diversion should not be allowed to wipe the slate clean of an official who has disgraced himself during his or her tenure in office.”

Bill would provide Tennessee Highway Patrol, TBI and other state law enforcement officers death benefit currently provided to police officers

The Senate Judiciary Committee has approved legislation to extend a $25,000 death benefit currently provided to local police officers or sheriffs’ deputies to state employees engaged in the detection and prevention of crime.  Senate Bill 2204, sponsored by Senate Majority Leader Mark Norris (R-Collierville), would provide a death benefit to Tennessee Highway Patrol, Tennessee Bureau of Investigation (TBI) agents, Tennessee Wildlife Resources Agency officers, Park Rangers employed by the Department of Conservation and Environment, and bomb and arson officers in the Department of Commerce and Insurance.  The death benefit would apply to employees who are killed in the line of duty.
 
“This is a benefit I hope Tennessee never has to pay.  We pray for the safety of all our officers,” said Senator Norris, “but we recognize the dangers that many of them face. History involving the death of officers while performing their duties proves the need for this benefit.”
 
State law currently limits the $25,000 death benefit to sheriff’s deputies or any police officer employed by a municipality whose primary responsibility is the prevention and detection of crime and apprehension of offenders.  The bill simply adds law enforcement officers employed by the state to those covered under that law.
 
“We certainly need to make sure that the families of Tennessee’s law enforcement employees have the same death benefit currently provided to local police officers,” added Norris.  “We have many brave officers who work for Tennessee.  They need to know their families will be considered if they die in the line of duty."

Senate redistricting maps with “street-level” detail available online on General Assembly website

Tennessee’s new state Senate district maps with “street-level” detail have been released. The maps give the general public unprecedented access to the same information as county election officials regarding the new district lines.  Using Google’s publicly available Maps application, the Office of Legislative Information Services has created a map that displays Tennessee’s new redistricting data in a clean, detailed and easy-to-use fashion. Citizens now have the ability to find their own district as well as explore districts statewide.

“The first Republican redistricting process was not just fair and legal -- it was also open and honest,” said Lt. Governor Ron Ramsey. “Technology has given us the opportunity to distribute information quickly, efficiently and with little cost to the taxpayer. The new districts belong to Tennessee citizens, so it is important for us to make the new maps widely available as soon as possible.”

In September, Lt. Governor Ramsey opened the redistricting process, soliciting map proposals from the general public. Any Tennessean with access to a computer and an internet connection had the ability to participate in the redistricting process.

The maps can be found at: http://www.capitol.tn.gov/districtmaps/redist.html

Issues in Brief

Meth Registry – The full Senate approved legislation to tighten a loophole in the state’s Meth Registry.  Senate Bill 2190, sponsored by Senator Mae Beavers (R-Mt. Juliet), adds those convicted of promoting the manufacture of methamphetamine and those who initiated a process intended to result in the manufacture of meth to the state’s Registry.  In addition, the legislation requires the Tennessee Bureau of Investigation (TBI) to collect a driver’s license number or another identification number from those listed on the Registry so innocent citizens with similar names and birthdates do not run into a roadblock when they purchase pseudoephedrine.

Multi-County Utility Districts -- Legislation which modernizes Tennessee’s Utility District Law of 1937 for multi-county utility districts has passed the General Assembly.  Last year the General Assembly made changes in reporting requirements for Utility Districts as well as the method of selection of board members.  Senate Bill 2170, sponsored by Senator Ken Yager (R-Harriman), changes the governance of 12 multi-county utility districts in Tennessee from self-appointing to mayoral appointment, which is the same system used for other utility districts across the state.  Utility Boards are vital to the citizens of Tennessee, and their service includes providing the means to run water, sewer and gas lines. 

TEAM ACT – The Senate Government Operations Committee has approved and sent to the State and Local Government Committee legislation that would update and reform the state’s antiquated employment system through the TEAM Act (Tennessee Excellence Accountability and Management Act).  The Government Operations Committee was charged with reviewing the rulemaking authority proposed in the bill as other details will be debated in the State and Local Government Committee.  Senate Bill 2246 creates a new Board of Appeals which would take the place of the current Civil Service Commission.  The new Board would be the final step in a three-step appeals process to replace the current grievance process.  The bill, proposed by Governor Bill Haslam and sponsored by Senator Jack Johnson (R-Franklin), is designed to simplify the hiring process, provide flexibility to retain and reward outstanding employees and streamline the appeals process for 34,000 career (civil service) employees. 

Court of the Judiciary -- Members of the Senate Government Operations Committee sent legislation to the Judiciary Committee that would dissolve the Court of the Judiciary and create the Tennessee Board of Judicial Conduct.  Senate Bill 2671, sponsored by Senator Mike Faulk (R-Church Hill), attempts to address the criticisms against the current board regarding the discipline of judges and is one of several bills pending in the legislature this year dealing with the Court.  Faulk said the purpose of the bill is to “effectuate the General Assembly’s obligation under the state Constitution where it specifically provides that we are to remove judges for misconduct.”  The composition of the Board of Judicial Conduct would be 16 members, 10 of whom are judges.  The appointments would come from the Tennessee Judicial Conference, the Tennessee Conference of General Sessions Judges, the Tennessee Conference of Municipal Judges, and the Tennessee Conference of Juvenile Judges.  In addition, the Speaker of the Senate, Speaker of the House and Governor would appoint two lay people to the proposed Board of Judicial Conduct, of which one of each of those appointments would be a practicing attorney.  The purpose of the Committee is to review the rulemaking authority of the proposed board as further review of the bill’s details will be debated in the Senate Judiciary Committee. 

Tennessee National Guard Day – March 3 would be declared “Tennessee National Guard Day” under legislation which met the approval of the Senate State and Local Government Committee this week.  Senate Bill 2231, sponsored by Senator Dolores Gresham (R-Somerville) and Senate Majority Leader Mark Norris (R-Collierville), honors and recognizes Tennessee National Guard personnel each year on that date for their service and sacrifices in defense of our nation and for responding to domestic missions within the borders of our state.

Bill Names National Guard Armory for First Lt. William Eric Emmert -- The Tennessee National Guard Armory located at 2350 Armory Drive in Murfreesboro would be named the "First Lieutenant William Eric Emmert National Guard Armory" under legislation approved by the full Senate this week.  Senate Bill 2159, sponsored by Senator Bill Ketron (R-Murfreesboro), honors First Lieutenant Emmert who was killed in the line of duty on February 24, 2009 while serving his country in Mosul, Iraq.  Emmert was a cum laude graduate of Middle Tennessee State University and a veteran of the U.S. Army, where he served as a counter intelligence agent during tours of duty in Korea, Germany, and Cuba.  He was also a Tennessee State Trooper in Lincoln County and a member of Governor Phil Bredesen’s security detail before joining the Tennessee Bureau of Investigation as a special agent in the Criminal Investigation Division.

Red Cedar / State Evergreen – The red cedar would be designated Tennessee’s official state evergreen tree under legislation which passed the Senate State and Local Government Committee this week.  Senate Bill 2362, sponsored by Senator Mike Faulk (R-Church Hill), states the eastern red cedar is indigenous to the entire state of Tennessee and was one of the earliest landscape trees used by early pioneers of the state like Andrew Jackson at the Hermitage.  Cedar Knob was the original name of the land upon which the state capitol was built in Nashville.

Name Change / Department of Mental Health and Substance Abuse Services – The Senate Health and Welfare Committee voted this week to changes the name of the Department of Mental Health to the Department of Mental Health and Substance Abuse Services.  Senate Bill 2229, sponsored by Speaker Pro Tempore Bo Watson (R-Hixson), changes the name to reflect the services provided by the Department and its staff.

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(NASHVILLE, TN), January 26, 2012 --  Major legislation attacking the growing problem of synthetic or “designer” drug abuse was approved by the Senate Judiciary Committee this week.   The action comes as poison centers, hospitals and law enforcement officers in Tennessee report a sharp increase in the number of persons who have suffered harmful effects from using various synthetic drug products.  Senate Bill 2172, sponsored by Senate Judiciary Chairman Mae Beavers (R-Mt. Juliet), increases penalties for those convicted of selling or producing synthetic drugs and defines it in such a way that manufacturers cannot skirt the law to avoid prosecution.

Synthetic drug products, which have become increasingly popular among teens and young adults, are sold at a variety of retail outlets like convenience stores, smoke shops and over the Internet.  They commonly feature cartoon characters on package labels.  Some law enforcement authorities have even said that due to the huge increase, the dangerous substance has the potential to eclipse methamphetamine as the most dangerous drug in Tennessee unless action is taken. 

The products are sold under the guise of “bath salts” or “plant food” but are comprised of a class of chemicals perceived as mimics of cocaine, LSD and methamphetamine.  The effects include impaired perception, reduced motor control, disorientation, extreme paranoia and violent episodes.  Experts say the long-term physical and psychological effects of the drug are unknown but warn they could be severe.   
 
“The General Assembly passed legislation to ban the chemical compound used in synthetic drugs; however, unscrupulous chemists manufacturing the drugs continue to modify molecules in the organic compound to avoid prosecution,” said Senator Beavers.  “By the time a new synthetic drug is discovered and banned, another altered form of the compound has taken its place.”

The bill approved by the committee this week defines synthetic drugs in such a way as to capture any analogues.  An analogue is a chemical compound having a similar structure to the banned drug.  In determining if a synthetic drug is an “analogue controlled substance,” there are four law enforcement factors that must be considered and eight scientific factors which serve to define them.  These include whether an analogue has a stimulant, depressant or hallucinogenic effect on the central nervous system.  Another important factor is the price difference between the substance for sale and the actual price of the legitimate product which is described in packaging or marketing the product. 

“For example, consumers can purchase approximately 10 pounds of actual bath salts or plant food for what one gram of a synthetic substance packaged as these products costs,” added Beavers.  “The price differential also puts sellers on notice that what they might think is legal to sell may really be a controlled substance analogue.”

The legislation increases penalties for selling, manufacturing or possessing a synthetic drug or controlled substance analogue from a misdemeanor to a Class D felony.  The penalties would increase to a Class C felony if it is a second or subsequent offense or if the analogue is sold to a minor.  Simple possession of 1 gram or less would be a Class A misdemeanor under the bill as would representing something as a controlled substance analogue when it is not.

“We are very hopeful that the new definition will give clarity regarding what constitutes the illegal drug, while strengthening penalties will make certain that these substances are out of reach of Tennessee’s youth,” said Senator Beavers.

Meth Registry -- In similar action, the Senate Judiciary Committee approved legislation to tighten a loophole in the state’s Meth Registry.  Senate Bill 2190, sponsored by Senator Beavers, adds those convicted of promoting the manufacture of methamphetamine and those who initiated a process intended to result in the manufacture of meth to the state’s Registry.  In addition, the legislation requires the Tennessee Bureau of Investigation (TBI) to collect a driver’s license number or another identification number from those listed on the Registry so innocent citizens with similar names and birthdates do not run into a roadblock when they purchase pseudoephedrine.

Bills help teachers address student discipline

Two bills have been filed in the Tennessee General Assembly to give teachers more authority and protection in disciplining students.  One proposal, Senate Bill 3122, would give teachers protection from civil liability when defending themselves or when they have to intervene in a physical altercation.  The other measure, Senate Bill 3116, gives teachers basic rights to control their classroom and remove consistently disruptive or violent students.

“As I have listened to teachers, I have found they are afraid to even defend themselves if a student gets out of control for fear of liability,” said Senate Education Chairman Dolores Gresham (R-Somerville), sponsor of the bill.  “This legislation ensures that teachers have this right so they do not have to fear being sued when defending themselves.”

Senate Bill 3116 requires local Boards of Educations to establish clearly a complete policy regarding a teacher’s ability to remove a student from the classroom and relocate the student to another educational location for the student’s safety or the safety of others.  The bill allows the use of reasonable or justifiable force as long as it is done in accordance to school policy and Tennessee law.  The bill also allows teachers to intervene in a physical altercation between two or more students or a student and another school employee if necessary to end the fight. 

The legislation applies to altercations on school property, as well as at official school functions or sporting events. Under the proposal, the teacher must file a brief report with the principal regarding the situation and actions taken.  The student would then be subject to additional disciplinary action that could include suspension or expulsion from school. Finally, the bill requires principals to support the authority of teachers who take such action if it is done in accordance with the proposed law and the school’s policies.

 “I have also found in listening to teachers that many are at a disadvantage in being able to maintain discipline in the classroom due to rules on removal of consistently disruptive students,” added Gresham.  “This not only hampers student progress, but puts teachers at a disadvantage in achieving their evaluative goals.  It would be unfair to expect a fair evaluation when the teacher is not given the resources and support to control disruptive students. Senate Bill 3116 would give teachers the ability to manage their classrooms and even remove a student if it gets to the point where the behavior is persistently disruptive.”

“Teachers must have the authority to discipline students who are disorderly in order to maintain order in the classroom," added Gresham.  “We will continue working with teacher organizations, school employees and other education stakeholders as we work to perfect the bill during the legislative process.”

Treasurer Lillard discusses need for strong Tennessee College Savings Plan

As college tuition rises, parents and students need to be financially prepared if Tennessee is going to reach its goal of increasing the number of post-secondary degrees says State Treasurer David Lillard.  Treasurer Lillard spoke to the Senate Finance Committee regarding Tennessee’s 529 College Savings Account, which allows persons to contribute to an account established to pay a student’s qualified education expenses at an eligible educational institution.

As a Qualified Tuition Program under Section 529 of the Internal Revenue Code, withdrawals are federal income tax-free for college expenses such as tuition, books, some room and board expenses, and equipment and supplies at eligible educational institutions.  Lillard is looking to market the benefits of the College Savings Account to students, parents, and business partners across the state, including placing information regarding the plan in the financial literacy curriculum taught in Tennessee schools. 

Tennessee is currently 42nd in the nation in college attainment with an associate’s degree or bachelor’s degree.  The state’s public agenda for higher education, implementing the Complete College Tennessee Act of 2010, sets the goal to increase annual degree production by 4 percent year-over-year by 2025 for Tennessee’s college attainment rate to equal the national average.  To reach that goal, the number of degrees awarded must increase an additional 210,000 cumulatively by 2025.

“One of the things that has been observed about these programs is that if you establish an account, it sets an expectation that that child is going to college or do post secondary work,” said Lillard. 

Lillard said student loans now total over $800 billion or 7 percent of all US mortgage and household debt nationwide.  Tennessee student debt is approximately $812 million. 

“College savings is key to reducing excessive student loan debt,” Lillard added. 

“It is important that we have a strong college savings program to help meet the state’s ambitious college attainment goals,” said Senate Republican Caucus Chairman Bill Ketron, who is a member of the Senate Finance Committee.  “It is also key to achieving a Tennessee workforce with 21st century jobs skills, which will help our students compete in a very competitive global economy.”

The Treasurer is planning improvements which will feature such items as electronic transfer and direct deposit from multiple sources; flexible investment options; including self-selection; target date options based on when funds will be needed for college; and an FDIC insured and risk-based options.  The Tennessee Treasurer’s office is also working on versatile web-based applications to provide for a variety of services for consumers.

Local Government / Retirement for New Hires  -- Lillard also briefed Finance Committee members on several new retirement options for local governments to consider for new hires.  Lillard stressed that none of the suggested changes would affect K-12 teachers, state employees or higher education employees who are covered under the Tennessee Consolidated Retirement System (TCRS).
The options presented were:
• local governments may take no action and remain in the current TCRS defined benefit pension plan with retirement generally at 30 years of service or age 60;
• local governments may adopt a TCRS defined benefit pension plan with an annual service accrual rate of 1.4%, with an increase in retirement age, limits on cost of living adjustments, a cap on maximum allowed benefits and a revised employee contribution structure;
• local governments may adopt a TCRS defined benefit pension plan with an annual service accrual rate of 1% to offer reduced pension benefits, but with a  supplemental deferred compensation program; or,
• local governments may decide to offer only a deferred compensation program as a standalone option.

Lillard said the proposals were developed following open meetings held throughout Tennessee with more than 200 local government representatives last fall.  For a copy of the local government pension option proposals and other documents go to http://treasury.tn.gov/tcrs and look at the tab titled “Proposed Plans for Local Gov’t.

Tennessee STEM Education Caucus kicks off inaugural meeting

The General Assembly’s new STEM Education Caucus met this week to begin the work on expanding the teaching and learning of science, technology, engineering and mathematics education in K-12 public schools across Tennessee. Caucus Chairman Jim Tracy (R-Shelbyville) told members and guests the 20 fastest growing professions require math and science preparation.  

“We want to be a leading beacon in STEM education,” said Tracy.  “We can work much faster at the state level than at the federal level to improve education in these subject areas. We know if we improve our education level, we can help young Tennesseans go out in the workplace and succeed.”

Eric Fingerhut, former Congressman, Chancellor of the Ohio Board of Regents and current Vice President for Education and STEM Learning at Battelle, told Caucus members Tennessee is leading a multi-state effort to improve learning opportunities because of the important work they have done to promote STEM education. 

Eleven states, including Tennessee, have formed innovation networks to share best practices in STEM education.  Battelle has partnered with Tennessee in the Tennessee STEM Innovation Network to expand educational opportunities and outcomes and to create new STEM teaching and learning models that can be shared with the rest of the country.  Established as a project within the Tennessee Department of Education, the Network conducts various STEM educational activities in coordination with local education agencies including teacher professional development and curriculum development.

“Where the rubber meets the road is in the states,” said Fingerhut.  “That is where this problem is going to be tackled and solved.”  Fingerhut added, “When we live in times of high unemployment, we know the reason this occurs is because we don’t have the skill set for our young people to do these jobs.”

Issues in Brief

CPR / Education – The full Senate has approved legislation calling for schools to include hands-on practice in cardiopulmonary resuscitation (CPR) programs.  The current wellness curriculum in schools require CPR training.  Senate Bill 1680, sponsored by Senator Jim Tracy (R-Shelbyville), ensures that this training includes hands-on practice as well.  The training for CPR is often provided by local emergency personnel who give demonstrations for the students and the opportunity to practice the life-saving skill.  The bill now goes to the House of Representatives for consideration.

Supreme Court Justices -- Tennessee Gov. Bill Haslam, Lt.Gov. Ron Ramsey (R-Blountville) and House Speaker Beth Harwell (R-Nashville) announced their support this week for a resolution to amend the Tennessee Constitution to continue the system currently being used to elect the state’s Supreme Court Justices.  That system is based on nomination of the state’s supreme and appellate court judges by a nominating commission, with appointment by the Governor.  The judges are either retained or replaced by Tennessee voters through a retention election.  The Governor said the action is needed to ensure it is constitutionally correct.

Fuel Cell Technology --  Dr. Henry McDonald, Chair of Excellence and Computational Engineering at the University of Tennessee at Chattanooga, spoke to members of the Senate Energy and Environment Committee this week about their efforts to promote fuel cell technology.  The SimCenter at the University provides state-of-the-art degree programs in both content and equipment in the M.S. and Ph.D. programs.  The Center integrates research and education to establish next generation technologies in computational modeling, simulation, and design in support of such areas as defense, sustainable energy, environment, and health.

Financial Literacy Commission – Members of the Senate Government Operations Committee voted this week to extend the Tennessee Financial Literacy Commission until 2017.  The Commission was created by the General Assembly in 2010 and is housed in the Treasurer’s office. The Commission’s key goal is to have financial literacy education, including college savings, in every elementary classroom in Tennessee.  Senate Bill 2326, sponsored by Senator Mike Bell (R-Riceville), would extend the Commission as it works to increase financial literacy awareness, including college savings, through teachers, parents and grandparents of elementary school aged children. 

Child transportation safety -- Members of the Senate Transportation Committee heard a presentation from Vanderbilt University Medical Center this week regarding child transportation safety and transporting children with special healthcare needs.  Tennessee is now graded an “A” by Safe Kids Worldwide, scoring a 90 out of 100 points on the strength of our current child restraint law.  Tennessee requires children through age 8 required to be in an appropriate child restraint.  There are still improvements which could be made as the Center reports that 82 percent of drivers had chosen the appropriate type of restraint but only 27 percent of restraints were being used properly.  The Center also reports that 24 percent of households in Tennessee have 1 or more children with special health care needs.  The Center assists families in fitting these children with car seats to conform to their needs and provide safety while traveling.

Autism -- The number of children diagnosed with autism spectrum disorders (ASDs) has steadily increased over the last two decades according to a report delivered by Joseph Woodson, Associate Legislative Research Analyst in the Comptrollers Office of Education Accountability.  Woodson gave lawmakers a report which provided a list of public policy considerations, including the fact that no comprehensive record is collected on methods of training and supports for autism students for local education agencies statewide.  The report said the needs of each child with autism are unique and suggested that educational interventions be individualized.  The report in its entirety will be available on the Comptroller’s website upon finalization.

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(NASHVILLE, TN), January 19, 2012 -- It was a busy week on Capitol Hill as lawmakers prepared and finalized their legislation in anticipation of the General Assembly’s January 26 bill deadline.  In addition, Senate committees heard testimony on a number of important state matters and debated several bills as the second week of the 2012 legislative session has concluded. 

Teacher Evaluation System debated in Senate Education Committee

The Senate Education Committee heard testimony regarding legislation that would give the State Board of Education the option to allow principals and teachers producing superior student growth to use those scores to comprise 50 percent or more of their evaluations.  Senate Bill 2165 would change the present system where students’ value added growth is 35 percent of a teacher’s evaluation score, with another 15 percent tied to some other measure agreed upon by the teacher and his/her supervisor to evaluate student achievement.  A vote on the bill was deferred as discussion on the plan continues.  

“This bill gives the State Board of Education another tool in the toolbox as the state continues the ongoing comprehensive review of this evaluation system,” said Senator Mike Faulk (R-Church Hill), sponsor of the bill.  “It is based on the simple proposition of  emulate rather than evaluate.  If the Board finds it is both reasonable and beneficial for achieving student growth, principals and teachers could then choose to use it as their whole score.  In doing so, it would free teachers with superior student growth from the evaluation system.”

Reforming the state’s teacher evaluation process was an important part of Tennessee’s receiving $500 million in federal Race to the Top funds, which was based on four pillars:  enhancing standards and assessments, improving the collection and use of data, increasing teacher effectiveness, and turning around struggling schools.  The changes to the evaluation system were made during the administration of former Governor Phil Bredesen and approved by the Legislature in January 2010.  The new evaluation process was designed by teachers and other education practitioners, who were integral in designing the evaluative tools. 

Last fall, the Department of Education provided flexibility in the plan and agreed to conduct a review of the program.  In December, Governor Haslam announced there will be both an external and internal review of the new teacher evaluation system.  He has charged the State Collaborative on Reforming Education (SCORE) with conducting an independent, third-party evaluation and has asked the state Department of Education to formalize a review process, which the department has already begun.  The Department of Education anticipates making modifications to the evaluation system after the reviews are complete.

In addition, a resolution sponsored by Senator Jim Tracy (R-Shelbyville) has been proposed urging the department to “follow through and fulfill its publicly stated plan to provide multiple opportunities for feedback and future revision” of the evaluations.

“I know that the classroom teacher is the most important factor in boosting student achievement,” said Senator Tracy.  “Therefore, the teacher evaluation process must be the best system possible in order to ensure it is both fair and productive to increasing teacher effectiveness.”

Expect discussions on the new evaluation system to continue in the Education Committee during the 2012 legislative session.

Meth bill tightens loophole in the state’s Registry

The Senate Judiciary Committee debated legislation this week that tightens a loophole in the state’s Meth Registry.  Senate Bill 2190 adds those convicted of promoting the manufacture of methamphetamine and those who initiated a process intended to result in the manufacture of meth to the state’s Registry.  In addition, the legislation requires the Tennessee Bureau of Investigation (TBI) to collect an identification number from those listed on the Registry so innocent citizens with similar names and birthdates do not run into a roadblock when they purchase pseudoephedrine.

Methamphetamine is a powerfully addictive and illegal stimulant commonly known on the street as "Meth," "Speed," or "Crank.”  The highly addictive drug can cause serious irreversible damage to the body of the user.  It can also cause severe damage to the environment due to the toxic chemicals used in “cooking” meth.  Tennessee reported 2,082 meth lab incidents in 2010, which is up 41 percent from the previous year. 

The state’s Meth Registry was created by the General Assembly in 2005. Currently, 2,800 people are listed on the registry with 100 newly convicted persons added each month.  That number, however, is expected to rise rapidly as a result of the “I Hate Meth Law” passed by the legislature last year.  The law went into effect on January 1.

“One of the strongest aspects of the new law was that meth offenders would be banned from purchasing pseudoephedrine products for the entire seven years that they are listed on the Meth Offender Registry,” said Senator Mae Beavers (R-Mt. Juliet), sponsor of the measure.  “However, we have discovered that Tennessee law does not require some meth offenders to be on the Registry.  This bill addresses this problem so all persons convicted of meth crimes will be on the Registry and banned from purchasing the precursors used in the manufacture of this drug.”

A vote on the bill was deferred until next week as lawmakers continue to look for the best identification method to ensure that innocent citizens who share the same name or birth date as an offender will not be denied purchases under the NPLEX system. 

Tennessee’s finances are sound says State Comptroller Justin Wilson

Tennessee is in “good sound fiscal condition” according to State Comptroller Justin Wilson, who appeared before the Senate Finance Committee this week to deliver his “State of Fiscal Affairs” report.  Wilson cited a balanced budget, low debt, a sound retirement plan, manageable retiree benefits, and a solvent unemployment trust fund as reasons that the state’s finances are in good shape.

“Not many states can say that,” Wilson said.  “This is a good place to be.”  He attributed the “willingness of the General Assembly to enact budgets that have forgone, reduced or eliminated expenses and services,” as another reason for Tennessee’s good financial standing.

Tennessee’s budget is nearly $32 billion, of which $11 billion is derived from state taxes and approximately $13 billion from federal revenue.   Wilson said the uncertainty in Washington regarding federal budget cuts leaves effects to state budgets largely unknown.  Governor Bill Haslam has made contingency plans to ensure that the state can operate efficiently if drastic federal cuts are made.  Local governments have also been advised to plan for reduced funding scenarios if they depend heavily on state and federal funds.

Wilson said the General Assembly must continue to reduce expenses, and the administration should increase the efficiency of state government operations in anticipation of the tough financial challenges Tennessee is likely to face in the future.

“Projected increases in state programs are growing faster than optimistic revenue increases that we project,” Wilson said. “The cost of items like the state insurance plan, TennCare, and required pension costs are rising faster than optimistic revenue expectations.”  This is in addition to any future legislative initiatives in which the General Assembly may want to enact that requires new spending, according to Wilson.

Tennessee’s Basic Education Plan (BEP) consumes about $3.8 billion, or 37 percent
of state tax revenue, according to the report.  Wilson recommended a review of the formula to make it more transparent, verifiable and understandable.  “In its current state, the BEP is none of these,” added Wilson.

“As we continue to implement and evaluate education reform programs, we should focus on the integrity of the funding process,” said Wilson. 

Future financial challenges cited in the Comptroller’s report to the Committee include:
• Continuing to reduce expenses and create efficiencies;
• Funding increases already projected and planning for federal mandates, such as President Obama’s healthcare plan;
• Making capital improvements and rebuilding the state’s reserves;
• Maintaining strong credit ratings and a manageable state debt; and,
• Improving financial reporting.

Several of the state’s financial reporting software and computer operating systems that were put into place under previous administrations have been plagued with implementation issues, delays and other problems, including the Edison and TRUST systems. The TRUST system is used by the Department of Revenue, while Edison is the state’s computerized payroll and accounting system. 

Senate Majority Leader Mark Norris took note of the irony regarding the state's flawed software system named TRUST.   Norris is sponsoring legislation creating a new gift certificate program authorizing the sale of $35 gift vouchers for cultural and specialty earmarked license plates.  He postponed action on Senate Bill 353 last year due to the flawed system.

"It should be easy for folks to write checks to the state for plates that more than pay for themselves and add revenue to the coffers,” said Leader Norris.  “But we can't trust TRUST."

The specialty license plate program generates in excess of $4.5 million annually for the Tennessee Arts Commission which is the lead agency championing Tennessee's cultural heritage and presentation of performing, visual and literary arts. Seventy six percent of its budget is funded by the specialty plate program.

Tennessee sees substantial gains in improved health status

Dr. Randy Wykoff, Dean of East Tennessee State University’s College of Public Health, spoke to the Senate Health and Welfare Committee regarding recent gains made in the state’s overall health ranking.  Tennessee, which was once 49th in the nation, has improved ten points and is now ranked 39th in its overall health status.  The state was ranked 42nd last year.

“This is great news,” said Senate Health and Welfare Committee Chairman Rusty Crowe.  “Moving up ten places from a national perspective is quite an accomplishment; however, we do still have much work before us to move into the top ratings nationally.”

The report, conducted by the nonprofit United Health Foundation, cited improvements in the state’s rates regarding smoking and infant mortality, as well as a drop in violent crime for the consistent progress made by the state.  

“What we have seen since 2006 is consistent improvement in Tennessee,” said Wykoff.  “Thirty-ninth is still not acceptable.  We have important opportunities for us to improve.”

Wykoff said Tennessee must reach out to the general public to educate them about public health, starting with teaching children about good habits.  He also recommended educating the business community about how healthier habits among their employees impact their bottom line through productivity.  He said education in the faith-based community also increases opportunities to improve health outcomes in the state.

One of the greatest challenges facing Tennessee is a high prevalence of obesity and diabetes. Over the past 10 years, obesity increased from 22.9 percent to 31.7 percent of adults.  In addition, Tennessee ranks 44th in its rate of cardiovascular death and 46th in cancer.  Wykoff said the state needs to explore ways to increase health screenings to address these health problems.

Wykoff urged lawmakers to continue economic development efforts, as there is a “huge life expectancy (gap) based on income.” 

“If we want to improve health we must focus on economic development,” he said.

Senate Energy and Environment Committee hears State Park Update

The Senate Energy and Environment Committee received an update on Tennessee’s state parks system from Department of Environment Commissioner Bob Martineau and Deputy Commissioner Brock Hill.  The state has 53 state parks with more than 30 million visits annually.  The annual economic impact of the state park system is estimated at $725,000 million and includes support for 12,000 jobs across Tennessee.  The state park system also has 6 inns, 4 marinas, 8 restaurants, 9 golf courses, 366 cabins, 3,000 campsites and 1,200 miles of trails.  

“Our state park system has a large economic impact on Tennessee, particularly the rural communities where they are located,” said Senate Energy and Environment Committee Chairman Steve Southerland.   “They are also of great value to the many citizens who visit these parks every year.”

The Department is focusing on increasing opportunities for economic growth by taking advantage of Tennessee’s unique natural, cultural and historical resources.  This includes investing in high volume margin assets like campsites.  They also plan to increase management accountability and improve their online presence in marketing, social media, reservations and transactions.

Committee members also enjoyed watching the Harrison Bay State Park “eagle cam” which was recently installed along the shores of Chickamauga Lake.   Wildlife enthusiasts watched a pair of bald eagles build a nest and raise a family on the park’s Bear Trace Golf Course last winter. The eagles have returned to the nest again this year where the Internet camera has been installed. Citizens can view the eagles at:   http://www.harrisonbayeaglecam.org/

Issues in Brief

CPR / Education – The Senate Education Committee has approved legislation calling for schools to include hands-on practice in cardiopulmonary resuscitation (CPR) programs.  The current wellness curriculum in schools require CPR training.  Senate Bill 1680, sponsored by Senator Jim Tracy (R-Shelbyville), ensures that this training includes hands-on practice as well.  The training for CPR is often provided by local emergency personnel who give demonstrations for the students and the opportunity to practice the life-saving skill.  

Economic Development -- The Tennessee Department of Economic and Community Development announced that Commissioner Bill Hagerty will lead ECD’s trade mission to China and South Korea April 15-21, 2012, that will focus on Tennessee’s medical device manufacturers and other health care companies.  Applications are available at http://www.tn.gov/ecd/tntrade/trademission, along with a video explaining the trade mission.  The deadline for companies to apply is Feb. 1. The trade mission is part of the recently announced TNTrade, a new initiative designed to help boost exports by Tennessee’s small- and medium-sized businesses. 

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(NASHVILLE, TN), January 13, 2012  – The second session of the 107th General Assembly began on Tuesday, January 10, with a full array of issues on tap for 2012.  Tennessee’s budget and job creation, however, will be the predominant drivers for legislative action.  Evidence of this came as Governor Bill Haslam’s announced an aggressive legislative package this week.  The Governor’s priorities include proposals designed to move Tennessee forward as the number one location in the Southeast for creation of high quality jobs through economic development efforts, meaningful education reform, a more efficient and effective state government, and improved public safety.  

Redistricting -- The legislature wasted no time in getting down to business as lawmakers passed redistricting plans for the Tennessee Senate, House of Representatives and U.S. Congress.  It is an arduous task that is required every 10 years after the census is completed.  Early passage of the redistricting plans was designed to give potential candidates sufficient time to review district lines before the April 5 filing deadline.

The purpose of redistricting is to assure citizens equal representation.  This right is rooted in both the federal and state constitutions and has been repeatedly ruled upon by the courts over the years, setting additional standards that must be followed regarding minority district representation.  The most famous of these rulings is the landmark U.S. Supreme Court decision in the Baker v. Carr case, which laid the foundation for the "one man - one vote” standard required in redistricting nationwide.

In September, Lt. Governor Ron Ramsey invited State Senators, as well as members of the public, to submit plans regarding district lines.  Information was posted on the General Assembly’s website regarding the court and constitutional requirements.  Only one congressional proposal, however, was submitted to the working group that drew a concept map that preceded the legislation submitted.  Committee meetings regarding the redistricting legislation were open to the public and video streamed live.  

Speaking on the Senate Districts Plan, Senate Majority Leader Mark Norris said, “What we are required to do is to make a good faith effort to be fair and legal.  The objective in exercising that good faith is to come up with 33 single-member, contiguous districts that comply with the State Constitution, the federal Constitution and the Voting Rights Act. That is why this is so difficult.  We are balancing those competing interests.”

Norris sponsored all three of the redistricting bills in the State Senate.  The final vote on the Senate redistricting bill was a bi-partisan 21 to 12 for passage.

Tennessee has a total population of 6.34 million citizens (up from 5.6 million in 2000), making the number of citizens per district to strive for 192,306 for each of the 33 State Senate districts and 64,102 for each of the 99 districts in the House of Representatives.  The U.S. Congressional districts are simply divided by 9 among the state's total population for an ideal number of 705,123 citizens in each district.

The plans can be viewed on the General Assembly’s website at:  http://www.capitol.tn.gov/senate/redist/redistricting.html

Under Democrat majorities, every redistricting plan constructed landed in court and was thrown out as unconstitutional – in 1972, 1976, 1982 and 1992.  Only the 2002 plan went unchallenged, but has since been called vulnerable to court challenge.

Governor Haslam’s Legislative Priorities Include Lowering Taxes on Food and Decedents Estates
 
Among Governor Haslam’s 2012 priorities is a proposal to reduce the state portion of the sales tax on grocery food from 5.5 percent to 5.3 percent, with the goal of lowering it to 5.0 percent in three years.  The reduction of sales tax on food has been a goal of Republicans in the General Assembly for many years.

“I am very pleased to see this proposal included in the Governor’s legislative package,” said Senate Judiciary Chairman Mae Beavers (R-Mt. Juliet), who has sponsored legislation to phase out the sales tax on food for more than a decade. “I support efforts to bring tax relief to Tennessee families and senior citizens through the reduction of sales tax on groceries and hope that we can eliminate it in the near future.” 

In addition, the Governor adopted another Republican initiative to lower or phase out the estate tax, which is commonly referred to as the “death tax.”  The Governor’s plan raises the exemption level to $1.25 million this year with the objective of reaching a $5 million level in subsequent years.   

Currently, the tax applies to estates worth more than $1 million.  Tennessee has a high inheritance tax which ranges from 5.5 percent to 9.5 percent, as compared to its neighbors.

“Retirees have told us that the death tax is a key reason for them relocating outside Tennessee,” said Senate Republican Caucus Chairman Bill Ketron (R-Murfreesboro).     “The inheritance tax places a heavy financial burden on family farms and family businesses.  This has been one of my priorities for many years as it and the Hall tax have hampered Tennessee’s opportunities.  I am very pleased that the Governor has made this step forward to address tax relief and to make Tennessee more attractive economically.”

Prescription Drug Abuse – Another key legislative priority for 2012 is curbing prescription drug abuse.  Tennessee ranks second in the nation in regard to the overutilization of prescription pain medications.  Governor Haslam’s legislative package addresses prescription drug abuse by utilizing the state’s Controlled Substance Monitoring Database system more effectively and ensuring that healthcare professionals tap into the system when prescribing certain scheduled drugs. 

The General Assembly passed legislation during the 2011 legislative session cracking down on prescription drug abuse at pain clinics in Tennessee.  That law required the Department of Health, in concert with the doctors, nurses and physician assistants, to establish rules to govern the operation of clinics, including personnel, patient records, data collection and reporting, inspections, health and safety requirements and patient billing.

“It is important that we continue to take steps to address this huge health and public safety issue in our state,” said Senate State and Local Government Committee Chairman Ken Yager (R-Harriman), sponsor of the legislation.  “This is a problem that has touched every Tennessee family.”

Statistics from the Tennessee Drug Diversion Task Force show that 56 percent of patients who receive opioid prescriptions have filled another opioid prescription within the previous 30 days.  Young adults ages 18 to 25 have the highest annual rates of prescription drug abuse.

Other proposals in the Governor’s package include:
• A plan to enhance the Department of Economic and Community Development’s FastTrack program by budgeting more for the grants and giving the department more flexibility in utilizing them to attract and grow Tennessee jobs.
• Gives local school districts more options in how they approach classroom instruction and teacher compensation
• Outlines Tennessee specific goals for measuring progress to replace the federal measurements as part of the state’s No Child Left Behind waiver request and better defines the scope and focus of the Achievement School District in supporting Tennessee’s lowest performing schools.
• Restructures 22 state boards and commissions to eliminate duplicative functions and provide more accountability and oversight of the agencies, which is the first step of an ongoing comprehensive review process.
• Imposes tougher sentences for certain types of gang-related crimes
• Proposes tougher sentences for gun possession by those with prior violent felony convictions
• Mandates incarceration time for repeat domestic violence offenders

"I am excited to work with Gov. Haslam to move Tennessee forward towards more jobs, less spending and smaller government,” said Lt. Governor Ron Ramsey.  “The governor has chosen his priorities well. This is a solid agenda that our unified Republican majority can proudly stand behind."

Higher than Expected Revenues Help with Budget Challenges

With Tennessee facing significant budget challenges, the state received good news this week regarding state revenues.  For the eighth consecutive month, Tennessee’s growth rate has been 5.0 percent or higher.  December collections were $123.2 million more than the budgeted estimate. 

Year-to-date collections for the first five months of the 2011-2012 fiscal year were $194.2 million more than the budgeted estimate.  In December, the state’s Funding Board issued new revenue estimates for the 2011-12 fiscal year to be within the range of 3.9 percent to 4.21 percent overall, with growth of 4.2 percent to 4.58 percent in the general fund. The outlook would generate $177 million to $209 million above the Board’s previous estimates and would help soften the blow of more drastic cuts to the state’s budget.

Although the revenue increase is promising, it is important to note that the state is still not back to pre-recession 2008 collection levels on sales taxes. 

Tennessee has worked hard to ‘resize’ state programs and services to reflect a much smaller budget, especially with the uncertainty of potential cuts from Washington.  The General Assembly has cut $1.521 million from its budget in total reductions since the 2008-09 fiscal year.  In the previous three years, Tennessee had already reduced discretionary spending by 21 percent.

Governor Haslam is expected to present his budget to the legislature at the end of the month, and State Senators will begin hearings on details of the plan the first week of February.

Tennessee’s New Achievement School District Superintendent Talks to Lawmakers about Efforts to Raise Student Outcomes

The Senate Education Committee heard testimony this week from Chris Barbic, Tennessee’s Achievement School District Superintendent.  Barbic heads the state’s groundbreaking efforts to turn around the state’s lowest performing schools in order to ensure that all Tennessee students have the chance to receive a high quality public education that will prepare them to be college and career-ready. 

Barbic said the Department of Education will begin work by taking in and co-managing six schools under the Achievement School District (ASD) with expansion to 35 schools by year three.  Some of the schools will be converted to charter schools or non-profit organizations that will operate under the accountability measures set by the ASD.  The goal is to move those schools in the bottom five percent to the top 25 percent in five years. 

“We are going after something bold, but we believe that’s what the communities, kids and parents in these communities deserve,” said Barbic.

The Department of Education filed two waiver requests from the No Child Left Behind (NCLB) regulations.  One of these is to redefine what constitutes a “failing school” under NCLB in Tennessee.  The proposal would define them as those schools in the bottom fifth percentile.  There are 85 of 1,700 schools in Tennessee that would meet that definition, most of which are high schools.  Sixty-nine of those schools are in Memphis, nine in Davidson County and seven in Hamilton County.

The ASD advocates a community transformation strategy to turn the schools around that begins with feeder schools to address the problem early in a child’s educational development.  They also plan a “wraparound” service to provide help outside of school. 

“This is not just a school problem,” added Barbic.  “This is a community problem.  If we are going to attack it meaningfully, we have to attack it that way.”

“I am enthusiastic about the potential for positive change,” said Senate Education Committee Chairman Dolores Gresham.  “These are exciting times for teachers, students and parents!”

AAA Commends Legislature for its Work on Road Safety

Tennessee has made significant progress in 2011 by addressing some of the most pressing road safety concerns according to representatives of the AAA Auto Clubs of Tennessee who testified in the Senate Transportation Committee this week.  Don Lindsey of AAA east Tennessee and Tim Wright of the AAA Auto Club South said, “You can be proud of the part you played in making Tennessee roads safer than in 2010.”

Lindsey said there were 946 fatalities in 2011, which is the lowest statistic in 48 years.  The number represents a nine percent reduction in fatalities.  Six of the 10 counties with the highest number of fatal crashes saw reductions last year. 

“I was very pleased that AAA State of Safety Report showed we have made great progress in making our streets safer,” said Senate Transportation Committee Chairman Jim Tracy (R-Shelbyville).  “We still have much work to do, but we are moving in the right direction.”

Seat belt use is now at 87.4 percent according to the group.  There is still much concern regarding fatalities involving teen drivers, however, which increased in 2011 by 3.5 percent.  Lindsey said the graduated driving license system, ban on texting and seatbelt use will help to decrease the number of lives lost on Tennessee roadways. 

Tennessee crashes involving cell phone or two-way radio use saw an increase of almost 90 percent during the last five years.  In December, the National Transportation Safety Board released a recommendation for states to enact laws banning wireless device use for all drivers.  AAA claims that polls show that three in five Tennessee voters support a law restricting cell phone usage to just hands-free devices while driving (61 percent). 

On impaired driving, AAA reports 283 people died in Tennessee traffic crashes involving a driver with a blood alcohol concentration of .08 or higher.  Their polls reflect that almost three-fourths of Tennessee voters favor an Administrative License Revocation System (ALR). 

Finally, AAA reported that federal funding for roads in states is still uncertain as Congress is now considering the eighth extension of SAFETEA-LU.  The road program is scheduled to end on March 31.  The U.S. Senate has advanced a bill reauthorizing the nation’s surface transportation system for two years with action expected in early 2012.  The U.S. House leadership has pledged to move a multi-year reauthorization bill in early 2012. 

Issues in Brief

Tennessee tops states for business – “Tennessee’s low cost of living, fourth lowest state and local tax burden and manageable budget gap places it first in this year’s tax and regulation rankings,” according to the U.S. Chamber of Commerce report “Enterprising States 2011.”  The report said, “The home state of country music and Elvis’ Graceland has long been known for its business-friendly legislature and for how its Commissioners of Economic Development and Revenue work together to make this ‘no surprises’ regulatory policy possible.”

THEC -- The Senate Education Committee heard testimony from Tennessee Higher Education Commission’s (THEC’s) Rich Rhoda regarding the capital funding formula for higher education.  THEC has recommended a $2.1 billion five-year plan, of which $1.8 billion would be derived from state funds.  They have recommended three outlay projects totaling $245 million, of which $205 million would be derived from state funds for the 2012-13 budget year and 55 maintenance projects totaling $84 million, for a combined total of $289 million.  Higher education has 58 million square feet of space in 2,200 buildings statewide.  The ambitious proposal has been sent to Governor Bill Haslam who will consider the matter as he unveils his 2012-2013 budget.   

STEM – The General Assembly’s first Science, Technology, Engineering and Math (STEM) Caucus will meet on January 23.  The Education Caucus, which will be chaired by Senator Jim Tracy (R-Murfreesboro) will study how to promote proficiency in these subject areas in Tennessee schools.  Statistics show that students who perform better in math and science in elementary school have greater success in graduating from high school and college.  The Caucus is the first of its kind nationwide.  By 2014, three-fourths of the fastest growing occupations in the U.S. will be in fields that require proficient math or science skills.  Tennessee must prepare students to compete successfully for these jobs.    

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(NASHVILLE, TN), April 14, 2011 -- Education headlined this week’s action on Capitol Hill as Governor Bill Haslam signed major tenure reform legislation and the Senate Education Committee approved a bill to allow students to use their HOPE scholarships during the summer, if they so choose, to help boost the number of post-secondary graduates in the state. 

Tennessee can’t remain near the bottom in education if we want to be the No. 1 location in the Southeast for high quality jobs. The bills are two of several initiatives proposed by the Governor and Republican lawmakers that seek to reform education, from pre-kindergarten through postsecondary, to grow the number of college graduates and provide a better educated work force for employers looking to relocate or expand in Tennessee.  

 “Last year, the General Assembly passed the Complete College Tennessee Act with the goal of raising educational attainment rates in Tennessee by promoting and incentivizing college completion,” said Senator Jim Tracy (R-Shelbyville), sponsor of the bill.  “The HOPE scholarship bill builds on that legislation by giving students the option to attend summer classes in order to progress and graduate in a timely manner.  It also allows our colleges and universities to better utilize their buildings and campuses all year long.”

Current law allows up to five years on the lottery scholarship but does not include funding for summer semesters.  Senate Bill 1529, which is also sponsored by Senate Majority Leader Mark Norris (R-Collierville), Senate Education Chairman Dolores Gresham (R-Somerville), Senator Brian Kelsey (R-Germantown) and Senate Republican Caucus Chairman Bill Ketron (R-Murfreesboro), redefines “academic year” for the purpose of the lottery scholarship program and includes the summer semester, making it possible for student to use their lottery scholarships during the summer.

The bill extends summer eligibility to all current and future lottery scholarship recipients, but it grandfathers in all but current freshmen.  A 120-hour cap on lottery funding, with exceptions allowed for programs that require more than 120 hours for completion, will apply to students who first received a lottery scholarship in the fall semester of 2010 or thereafter.  Students who first received the lottery scholarship prior to the fall semester of 2010 (current sophomores, juniors, and seniors) will be eligible for summer funding while having up to five years to complete their studies utilizing scholarship money.  For those students who will be subject to the 120-hour cap, courses taken this summer (2011) that do not receive lottery funding will not count against their cap.

“Many students do not have the money, without the help of lottery scholarship funds, to take summer courses to finish college on time,” added Tracy.  “This bill will help students find the resources to complete their academic requirements and, at the same time, will help Tennessee raise our graduation completion rates, which is critically important to draw new jobs to our state.”

Governor signs teacher tenure reform bill – Before a crowd of supporters, Tennessee Gov. Bill Haslam signed his tenure reform bill into law, marking his first legislative victory and helping solidify Tennessee at the forefront of education reform in the country.  The legislation builds on the bold initiatives passed last year with Tennessee’s First to the Top program to give Tennessee students more opportunities to succeed.

Senate Bill 1528 changes a teacher’s probationary period before becoming eligible for tenure from three to five years as well as links tenure status to performance evaluations, utilizing Tennessee’s extensive student data that is the envy of states around the nation.
The legislation also gives principals the flexibility to keep a non-tenured teacher after the five year period. Previously a teacher would either receive tenure or be terminated after three years.

“This is the next step in the continuum of education reform,” said Senate Majority Leader Mark Norris, R-Collierville, sponsor of the bill. “Last year, Tennessee made great strides in First to the Top in beginning to address the unacceptably low educational attainment in our state.  In step two of these efforts, we once again have the opportunity to lead the nation in education reform by developing a system that treats teachers as professionals and recognizes the critical impact of their work.  Effectiveness must be the core criteria for gaining and retaining teacher tenure.”

"True tenure reform has been a dream of Republican legislators for as long as I can remember,” said Lieutenant Governor Ron Ramsey. “I am proud and honored to stand with our Republican governor as we usher in the beginning of a new era in education in Tennessee where the interests of children come first and our focus remains on creating the most qualified teachers in the nation.”

Other Senate sponsors of the bill include Speaker Pro Tempore Jamie Woodson (R-Knoxville), and Senators Jim Tracy (R-Murfreesboro), Brian Kelsey (R-Germantown), Jack Johnson (R-Franklin), Mae Beavers (R-Mt. Juliet), Dolores Gresham (R-Somerville), Randy McNally (R-Oak Ridge), Stacey Campfield (R-Knoxville), Jim Summerville (R-Dickson), Doug Overbey (R-Maryville), Mike Faulk (R-Church Hill), Kerry Roberts (R-Springfield), Bo Watson (R-Hixson), and Lt. Governor Ron Ramsey (R-Blountville).

Legislation aiming to curb meth production is approved by Senate Judiciary Committee

The Tennessee Senate Judiciary Committee has approved major legislation to stiffen penalties for making methamphetamines in the presence of a child and to implement a statewide electronic tracking system to curb meth production in the state.  The system, called NPLEx (National Precursor Log Exchange), would monitor and block illegal purchases of over-the-counter cold and allergy medicines containing pseudoephedrine (PSE), a key ingredient in methamphetamine production.

The legislation is sponsored by Senate Judiciary Chairman Mae Beavers (R-Mt. Juliet).  Beavers and sponsors of other legislation to curb meth production have been working for the past two months to find a way to address Tennessee’s growing methamphetamine problem.

“We have worked very hard to come up with a plan to address the illegal use of over-the-counter pseudoephedrine products to make meth, without infringing on the ability of law-abiding citizens to purchase these cold medications legitimately,” said Senator Beavers.  “This bill will give us the real time tracking needed to stop an illegal transaction and provides pharmacists the right to decline the sale if it is deemed not to be for a legitimate medical purpose.  The proposal also prescribes tougher penalties against meth cookers who endanger children and those who go from store to store to buy pseudoephedrine products.” 

There is currently no mechanism in place in Tennessee to block illegal PSE sales in real time, as many pharmacies and retailers rely on handwritten, paper logbooks to track purchases. As a result, criminals have learned to circumvent the current system.

Senate Bill 1265 requires that as of January 1, 2012, all pharmacies must use NPLEx, which would export the data to law enforcement.   The NPLEx system will be at no cost to pharmacies or the state.  The proposal calls for a pharmacist or pharmacy intern to counsel the potential purchaser of a product containing pseudoephedrine before the transaction takes place and may decline the sale if it is deemed not to be for a legitimate medical purpose. 

The bill also sets amounts of pseudoephedrine that can be purchased.  A buyer cannot purchase more than 3.6 grams of a pseudoephedrine product per day or more than 9 grams per 30-day period unless they have a valid prescription or face a Class A misdemeanor penalty.  Doctor or pharmacy shopping to obtain more than that limit, often referred to as “smurfing,” would become a Class A misdemeanor subject to a fine of $1,000 for the first offense and $2,000 for second and subsequent offenses.  The bill also changes the amount of pseudoephedrine in a person’s possession necessary to establish intent to manufacture meth from 20 grams to 15 grams.  Fines assessed under the proposal will be used for cleanup of meth labs.

In addition, the bill calls for the Comptroller to conduct a thorough study of meth and the availability of pseudoephedrine as a factor in the manufacture of meth, with the results of the study to be released no later than January 1, 2013.

“E-tracking will give local law enforcement officials a powerful investigative tool to track meth production,” said Seantor Beavers.  “Meth has destroyed many lives in Tennessee.  I am pleased this bill is proceeding through the legislature and believe it will help fight the terrible problem we face with this illegal drug in our state.”

In Brief…

911 Calls – The Senate State and Local Government Committee voted this week to approve legislation requiring permission from the person whose voice is recorded on a 911 before the transmission can be broadcast to the public.  Senate Bill 1665, as amended, clarifies that all calls and tapes will remain public record.  The bill requires that any broadcast or publication of a call is prohibited without written consent of the caller whose voice is recorded, or their designated representative or legal guardian.  The bill, sponsored by Senator Jim Tracy (R-Shelbyville), does not apply to court orders or subpoenas regarding 911 calls.

Road Funds / Advertising – Two bills, Senate Bill 31 and Senate Bill 32, sponsored by Senator Jim Tracy (R-Shelbyville), passed through the Senate Finance Committee this week to allow companies to advertise on the Tennessee Department of Transportation’s (TDOT) emergency trucks and messaging boards respectively.  Tennessee’s road fund is in dire need of additional funding as the stimulus money for transportation expires and economic conditions continue to present the need for budget cutbacks.  The funds raised by the effort would go to TDOT to build or repair roads.  Under the bill commercial sponsorship cannot include alcohol, tobacco, adult-oriented establishments, political candidates or issue or any unlawful activities. 

Hospitals -- Senate Bill 483, sponsored by Senator Doug Overbey (R-Maryville), was approved this week by the Senate Finance Committee to continue the hospital assessment adopted last year and to prevent potentially catastrophic cuts to hospitals in the state.   The hospitals asked the General Assembly to enact the coverage assessment for another year in order to raise $870 million total, after receiving matching federal funds.  The assessment is used to draw down federal funds available through a Medicaid match program approved by the Centers for Medicare and Medicaid Services (CMS).  It will continue to provide the critical dollars necessary to provide hospitals a portion of their unreimbursed TennCare costs.  A few examples of programs, in addition to the reduction in payments to hospitals and health professionals, that would be affected without the assessment are: critical access hospitals; the Graduate Medical Education program; 8-visit limit imposed on outpatient services, x-rays, and physician office procedures; various therapies; and, the enrollment cap for the medically needy. 

Crime Victims Week – This week has been designated as National Crime Victims' Rights Week to raise public awareness regarding the human cost of crime and spotlight any resources available to assist victims.  One such resource is the Treasury Department's Criminal Injuries Compensation Fund which was designed to reimburse victims of violent crime and their loved ones for some of the out-of-pocket expenses they incur that are not covered through other resources.  These expenses include unpaid medical bills, lost wages, mental health counseling or funeral costs for loved ones.  Last year the fund helped more than 2,000 victims who received $11.3 million and almost $2.2 million in reimbursement to health care providers for performing forensic exams on sexual assault victims.  To learn more about the program go to http://treasury.tn.gov/injury/index.html. 

Equal Opportunity Scholarships -- The Senate Education Committee voted 5-2-2 to approve legislation giving parents of low income students an opportunity to receive an “Equal Opportunity Scholarship” to attend the school of their choice, including public charter schools, private schools, or other public schools if space is available.  Senate Bill 486, sponsored by Senator Brian Kelsey (R-Germantown), applies to students who are eligible for free and reduced-price lunch in Memphis, Shelby County, Nashville, Chattanooga, and Knoxville schools.  The scholarships would be in the amount of half the money that state and local school systems spend on each child. 

Revenue Collections -- Tennessee revenue collections for March continued to exceed the budgeted expectations. The Department of Finance and Administration announced that overall March revenues were $815.5 million, which is $9.5 million more than the state budgeted.  It marks the eighth consecutive positive growth month for this fiscal year.  The general fund was over collected by $9.6 million and the four other funds were under collected by $100,000.  The year-to-date growth rate for eight months was positive 4.45%.  Year-to-date collections through March compared to the February revision are $2.3 million above the total estimate, and $6.0 million above the general fund estimate. The four other funds that share in state tax collections are $3.7 below the revised estimate.

Blue Alert -- The full Senate gave final approval to legislation that would allow law enforcement to immediately put out information about suspects when a police officer is missing, injured or killed in the line of duty.  Senate Bill 655, which is sponsored by Senator Jim Tracy (R-Shelbyville), would work similar to the America's Missing Broadcast Emergency Response (AMBER) system used to get instant information out regarding serious child abduction cases.    The Blue Alert would be used when a suspect has not been apprehended and is considered a serious threat to the public.  The Tennessee Bureau of Investigation (TBI) would use the statewide infrastructure of the AMBER Alert system to facilitate a Blue Alert.

Property owner’s rights / Spotlights -- State Senators passed a bill this week that would allow property owners, or those whom they give permission, to use a spotlight on their own property at night without fear they are in violation of the state’s hunting laws.  Currently, it is unlawful for any person in a vehicle to shine a spotlight in any field, woodland, or forest, or the waters at night due to a prohibition on hunting deer utilizing this illegal method.  The law, however, leaves property owners at risk of being in violation if they are checking their own animals at night.  This bill gives property owners the right to shine a light in their own fields or woodlands, as long as they are not hunting illegally, without fear they are in violation of Tennessee law.  Senate Bill 836 is sponsored by Senator Mike Bell (R-Riceville).

Newly appointed Education Commissioner presents budget -- Newly appointed Commissioner of Education Kevin Huffman appeared before the Senate Education Committee this week to present that agency’s budget.  The new Commissioner complimented lawmakers for passage of legislation allowing Tennessee to win the Race to the Top competition.  Huffman said the state is on the forefront of collecting data, a fact that gives Tennessee an edge in reform efforts. Commissioner Huffman is the former executive vice president of Teach for America, a nationwide organization that recruits educators. He is an attorney who taught in the classroom and has a decade of experience as an administrator under his belt.  The Commissioner is tasked with guiding and implementing the much-needed reforms that are at the heart of the education initiatives moving through the General Assembly.

State Election Commission – The full Senate voted to make permanent a change made to the composition of the State Election Commission which added two members to panel.  State law previously required that the political composition of the five-member State Election Commission be three members of the majority party and two members of the minority party.  However, as a result of the 2008 election, state law required that a majority of the members be comprised of the majority party, thus two new commissioners were added including the first woman in Tennessee history to serve on the Commission.  SB 1255, sponsored by Senator Ken Yager (R-Harriman), removes the provision requiring two members to rotate off the Commission when their terms of office expire by request of the Board who said the current composition allows them to work more effectively and efficiently in carrying out their business.  The bill does not require any addition funding as the commissioners only receive nominal reimbursement for travel and carryout their duties as a public service to the state.

Anti-terrorism – Two expert witnesses appeared before the Senate Judiciary Committee this week to testify on Senate Bill 1028, the “Material Support to Designated Entities Act of 2011.”  Lieutenant Colonel Joseph Meyers, told committee members there is a “documented Tennessee nexus to terrorism.”  Meyers was joined by former Inspector General of the Department of Defense, Joseph Schmitz, who also testified in favor of the bill and provided information regarding the constitutionality of the measure.  The anti-terrorism bill provides that the Director of Tennessee’s Office of Homeland Security can make a recommendation to the Attorney General and the Governor to “designate” a terrorist entity, effectively isolating them from support.  Once designated, anyone who knowingly provides material support or resources may be prosecuted or fined under the bill.   “Apart from the FBI special agent, the border patrolman or the alert immigration officer, it is your ‘beat cops,’ your county deputies and your highway patrolman, who have the closest eye to the ground of potential threats,” said Meyers, a 30-year Army veteran whose experience includes planning defense strategies to counter the nexus of terrorism.  A vote on the bill, sponsored by Senator Bill Ketron (R-Murfreesoboro), was deferred until next week. 

Voting machines – The Senate State and Local Government Committee has Senate Bill 1203 to allow cash-strapped Tennessee counties determine whether or not to replace their voting machines under the Tennessee Voter Confidence Act.  The vote came after both Democrat and Republican county mayors from across the state expressed strong support for flexibility regarding the law due to the costs to taxpayers, availability for up-to-date federally certified machines and the fact that the machines will have to be replaced again in the immediate future to comply with new standards from Washington.  The bill, sponsored by Senator Ken Yager (R-Harriman), gives counties who want to proceed, an opportunity to tap into HAVA (Help America Vote Act) funds to assist them with the purchase.   

Election Process / Tie Vote – Members of the Senate Finance Committee have approved a bill to allow county commissions to call for a run off election in cases where there is a tie vote for a county office.  Under present law, if there is a tie vote between two or more persons having the highest number of votes for an office, the county legislative body cast the deciding vote to break the tie.  Senate Bill 1225, sponsored by Senator Ken Yager (R-Harriman), rewrites that law to place counties in the same posture as cities under state law, so that there will be an opportunity for a run-off election to let the peoples’ voice be heard.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Telecommunications bill clears full Senate

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

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

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

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

In Brief…

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Telecommunications bill overcomes first hurdle

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

In Brief…

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

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

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

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

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

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

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

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

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

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

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

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

Tennessee currently ranks 46th in student overall academic achievement.

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

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

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

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

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

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

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

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

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

Senator Kerry Roberts takes oath of office

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

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

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

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

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

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

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

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

In Brief…

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

In Brief…

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

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

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

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

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

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

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

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

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

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