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

 (NASHVILLE, TN), May 20, 2010 –  The Senate Finance Committee and its Budget Subcommittee met this week as members debated several bills that have a financial impact on Tennessee’s state budget.  The Budget Subcommittee was also presented a new plan from Senate Minority Leader Jim Kyle (D-Memphis) which recognizes the fact that the Democrat-proposed tax increases will not pass the Senate Republican majority, but adds pork projects to the bill and cuts the state’s Rainy Day Fund by $142 million to put it at a dangerously low level.

The state’s Rainy Day Fund is Tennessee’s savings account in the event of severe economic hardship.  The proposal to use state savings to provide for a vast array of new spending measures added this week comes after an unprecedented 22 consecutive months of negative collections until this month.  Republican lawmakers on the committee expressed concern about draining the state’s savings account which might be needed in case revenue collections do not meet expectations, the economy takes a turn for the worse, or in the event of a double dip recession.

 “We have worked very hard to ensure we have adequate savings to get us through a severe economic downfall,” said Senator Randy McNally (R-Oak Ridge), Chairman of the Senate Finance Committee.  “It is not the time to stop practicing responsible and conservative fiscal management and go on a spending spree.  We hope that the economy will turn around given the April revenue report; however, if I had a ball team that had lost 22 games and won one, I wouldn’t say we turned it around.  It is a significant gamble to spend more of our savings.” 

“Senate Republicans have put forward a responsible budget that reduces spending and shrinks the footprint of government,” said Lt. Governor Ron Ramsey (R-Blountville).  “Now is not the time to load up the budget with pork projects and new taxes.  Tennesseans want fiscal accountability in state government and that is what we have delivered.”

 “The shortfall we are currently facing is partly due to the administration using the high end of the Funding Board’s estimates regarding how well our revenues will perform,” added Senate Majority Leader Mark Norris (R-Collierville).  “This is a repeat of last year’s performance which also resulted in overestimating our state revenue collections.  The result is we have to circle back and face the same task of making the cuts needed to balance the budget or dip into our savings.  Unfortunately, this year the administration has also asked for tax increases at the worst time possible as Tennesseans struggle to recover from a recession.”

Kyle moved 39 separate requests for additional spending items on the budget bill, which were successfully resisted by Republicans.  The committee will meet again on Monday to continue discussions on the budget.

“Republicans want a reality-based budget that sticks with the four-year plan passed last year to phase in economic recovery through these tough times without raising taxes,” Norris added.  “We will not achieve this by raising taxes or adding more pork projects to the budget.  Hopefully, we can sit down to really work out the differences we face with this budget to achieve a realistic solution that can pass both houses.”

Disaster Relief Update

Four more Tennessee counties have been approved for federal assistance as a result of extreme weather and flooding that struck the state April 30-May 2.  Cannon, Giles, Pickett and Marshall Counties joined the forty-two other counties in the state that were previously approved for individual and public assistance

Residents and business owners in the affected counties can apply for assistance immediately by registering online at www.fema.gov or by calling 1-800-621-FEMA (3362).  In addition, Pickett County has been approved in the public assistance category.

The public assistance designation means local governments are eligible to apply for federal assistance for debris removal, emergency protective measures and repairing, restoring or replacing damaged public facilities.  For public assistance projects that are eventually approved, FEMA will pay 75 percent of the cost. The remaining 25 percent is split between the state and local government. 

Individual assistance can include grants to help pay for temporary housing, home repairs and other serious disaster-related expenses. Public assistance is also available to state and eligible local governments and certain private nonprofit organizations on a cost-sharing basis for debris removal and emergency protective measures only at this time. In addition, federal funding is available on a cost-sharing basis for hazard mitigation measures statewide.

Over $100 million in federal assistance has been approved for the survivors of Tennessee’s record-setting storms, with 34,300 people having registered with FEMA for Individual Assistance.  The amount includes $90.7 million in housing aid, such for rental assistance and home repairs, and $9.5 million for other needs such as personal property. 
Nearly $640,000 in loans from the U.S. Small Business Administration have also been approved.
 
Individuals can register with FEMA online at www.DisasterAssistance.gov anytime or by calling 800-621-FEMA (3362) or TTY 800-462-7585. The toll-free numbers are staffed seven days a week, 7 a.m. until 10 p.m. until further notice.

On flood damage to state property, Finance Commissioner Dave Goetz told members of the Senate Finance Committee this week that Tennessee was in pretty good shape.  The state was insured for their losses against a $5 million deductible.  The state is also self-insured with coverage of up to $25 million for property damages.

Repairs to roads are eligible for 100 percent funding under the Federal Highway Emergency Fund. 

The appropriations bill would also transfer $17 million in funds to help the state access critical federal money.  The General Assembly will continue to work on emergency funding, particularly as it applies to helping cash-strapped counties with their share of matching funds, until the 2010 legislative session adjourns.

Resolution aims to prevent wide open U.S. Constitutional Convention by rescinding previous calls on limited matters
 
The Senate Finance Committee approved a resolution this week to rescind three previous state resolutions calling for a limited U.S. Constitutional Convention.  The action comes after many prestigious constitutional authorities say it is impossible for Congress or state applications to restrict what a Constitutional Convention does or to limit it to just one subject.  In addition, Congress has rejected proposals to establish rules or to limit a Constitutional Convention's purpose, procedure, agenda, or election of delegates, leaving such decisions open to congressional action. 

“Case law and the prevailing wisdom during the ensuing years focusing on whether states have the power under Article V to hold a limited U.S. Constitutional Convention have opined that this is not the case and that they could be open to other matters despite attempts to limit them,” said Senate Majority Leader Mark Norris (R-Collierville) who sponsored the resolution.   “In light of that, a number of states are reversing their previous calls for a limited convention.  About 12 states have repealed them, and this resolution would count us among them.” 

The Article V provision that authorizes the calling of a Constitutional Convention refers to considering "amendments" (note the plural).  The late Chief Justice Warren Burger, opined "There is no effective way to limit or muzzle the actions of a Constitutional Convention. . . . After a Convention is convened, it will be too late to stop the Convention if we don't like its agenda."

Other leading constitutional experts agree that even if Congress called a Constitutional Convention to consider only one issue, the Convention delegates have the authority to ignore that instruction, set their own agenda, and make their own rules.  This leads many to believe the Constitutional Convention process would be a prescription for political chaos, controversy, confrontation, litigation, and judicial activism.
 
The previous Tennessee resolutions called for limited Constitutional Amendments regarding terms of judges and judiciary, federal appropriations and revenues, and the power of president to veto appropriations.   

Governor vetoes Second Amendment rights bill

Governor Phil Bredesen has vetoed legislation to address any “vagueness” in the state’s new handgun carry law and to allow law-abiding citizens to carry their firearm in establishments that serve alcohol.  The legislation, as passed, allows law-abiding handgun permit holders to “carry” into establishments serving alcohol as long as the owners of the premises have not posted notification that they are banned. 

The bill clarifies language in the law passed last year, particularly as it applies to the posting of notices, and adds penalties for those who consume alcohol while carrying their gun in violation of the statute.  It was designed to address Davidson County Chancellor Claudia Bonnyman’s decision to strike down the law due to ambiguity.  It makes clear what signs qualify as a legal posting so there is no vagueness or ambiguity. The notification must be of appropriate dimensions. 

The bill also prescribes a Class A misdemeanor offense for those convicted of drinking alcohol in violation of the gun carry permit law.  In addition, those convicted of intoxication would be subject to losing their gun carry permit for three years.

The legislation, Senate Bill 3012, upholds the U.S. and Tennessee Constitution’s right to bear arms.  It also follows 13 years of experience with Tennessee’s handgun carry law that shows an outstanding record of safety among permit holders.  Sponsors will likely move to override the governor’s veto next week.

In Brief….

The governor signed a number of bills into law before departing for his economic development trip to China.  Following are some of the new laws that were signed. 

Children / Child Support Orders – Legislation allowing Tennessee to participate in the International Recovery of Child Support and Other Forms of Family Maintenance was signed into law.  The measure, Senate Bill 2818, is sponsored by Senator Mike Faulk (R-Church Hill). The legislation contains procedures for processing child support orders across both state and international borders that are uniform, simple, efficient, and accessible.  Many of these provisions were taken from the experience within the U. S. from enforcing child support orders across state lines.

Sex offenders / Physicians -- The governor has signed legislation to require the Board of Medical Examiners to deny the application for licensure or revoke the license of a physician convicted of an offense which requires registration as a violent sexual offender.  The measure, Senate Bill 3362 by Senator Diane Black (R-Gallatin), provides for communications between the Tennessee Bureau of Investigation’s (TBI) Sex Offender Registry and the Board of Medical Examiners within 30 days to assure notification is given.  It also requires the Medical Examiners make sure that no existing physician is currently listed on the Registry.  If a physician is on the Sex Offender Registry, but is not listed as a violent offender, they can still practice as long as there is no patient contact, under the amended bill.  The new law, which takes effect July 1, also gives due process to allow physicians the opportunity to contest a finding by giving evidence to the Board that they were not the person convicted.

False Allegations / Sexual Abuse – A new law that allows the court to hold in contempt any person who makes false allegations of sexual abuse in furtherance of litigation has been signed.  The bill specifies that the court may hold the violator in "contempt" and could order them to pay all litigation expenses and court costs.  The measure, Senate Bill 1264 by Senator Dewayne Bunch (R-Cleveland), will take effect on July 1. 

Meth labs – Legislation designed to protect the public from being harmed by the ill effects of entering a house or building that has been used as a meth lab was signed by the governor.  The measure makes it a Class B misdemeanor offense to knowingly inhabit a property quarantined by law enforcement due to the manufacture of methamphetamine within the structure, unless that person is part of the official police investigation.  The new law, Senate Bill 2969, is sponsored by Senator Diane Black (R-Gallatin) and will go into effect on July 1.

Citizen’s constitutional rights in foreign judgments / Libel Tourism – Another bill signed by the governor is aimed at helping in the fight against a tactic known as “Libel Tourism.”  The practice is used in defamation lawsuits filed against authors critical of individuals with known ties to terrorist organizations like al Qaeda and Hamas. The legislation, Senate Bill 3589 sponsored by Senator Bill Ketron (R-Murfreesboro), ensures that Tennessee Courts have the ability not to recognize a foreign judgment, if that country’s laws protecting free speech and the free press are not as protective as freedoms provided in the constitutions of Tennessee and United States.  The new law, which takes effect on July 1, relates to grounds for non-recognition of foreign defamation judgments, closely resembling similar laws passed by the New York, New Jersey, Illinois, California, Utah and Florida Legislatures on the matter.

College Savings / BEST – The governor has signed a bill approved by the General Assembly that authorizes the Board of Trustees of the Tennessee Baccalaureate Education System Trust (BEST) to establish an incentive plan to encourage citizens to participate in any 529 college savings program that the Board has contracted with to assist in these efforts.  The legislation helps citizens take advantage of the incentive plans, grants and scholarships that could be available to them through individual savings accounts established by or on behalf of residents through BEST.  The new law, Senate Bill 1142, sponsored by Senator Dolores Gresham (R-Somerville) became law upon the governor’s signature.

Hospital assessment – The governor signed legislation designed to help hospitals avoid almost $659 million in cuts proposed in Governor Phil Bredesen’s 2010-2011 budget.   Hospitals have asked the General Assembly to assess a coverage assessment on them in order to raise $230 million.  Money raised would be used to draw down $430 million in federal funds available through a temporary Medicaid match program.  The new law, Senate Bill 3528 sponsored by Senator Doug Overbey (R-Maryville), was effective upon being signed. 

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

 (NASHVILLE, TN), May 6, 2010  --  This week’s action on Capitol Hill was overshadowed by Tennessee’s “state of emergency” due to severe storms, tornadoes and flooding that resulted in one of the worst natural disasters in the state’s history.  There have been 21 confirmed fatalities in the weekend storms. 

"Words cannot describe the devastation and loss that so many Tennesseans have suffered,” said Senate Majority Leader Mark Norris (R-Collierville).  Our thoughts and prayers are with them"

Prayers for those devastated by the storms were also lifted in the chamber of the State Senate on Thursday led by Senator Jack Johnson (R- Franklin) whose district suffered widespread damage.  Senators commended state and local emergency personnel who performed above the call of duty during the disaster.  They also stopped to express appreciation for the heroic efforts of citizens who participated in the rescue and stopped to remember those who must rebuild in the aftermath of the storms.

The Coast Guard rescued 250 people, while the Tennessee Wildlife Resources Agency (TWRA) helped 351 persons to safety from the flood waters.  Twenty-eight shelters opened their doors to assist those who needed a place to stay due to evacuations or destruction of their homes.  The American Red Cross and other charitable organizations are working with federal and state partners in the relief effort.  In addition, the Tennessee Emergency Management Agency (TEMA) has activated the Tennessee Emergency Donations Hotline to accept contributions to support state flood victims.  Volunteers will be answering calls at 8:00 a.m. to 8:00 p.m. CDT daily at the toll free number (866) 586-4483.

“We have certainly seen the citizens of this state live up to the ‘Tennessee Volunteer’ name,” added Johnson.  “There has been tremendous volunteer assistance in trying to help our neighbors through the rescue and recovery process.”    

Federal officials are working with state and local emergency responders throughout the region. Federal Emergency Management Administration (FEMA) staff and resources have been dispatched to assess the damage and assist with the recovery.  

On Monday, Governor Bredesen asked President Obama to declare 52 counties federal disaster areas.  The President had declared 21 counties as disaster areas by Thursday.  The state expects more counties to be added over the next several days.  That designation enables local governments and individuals to access the critical federal grants and/or loans needed to help them recover from the damages sustained due to the high winds and floods.  The aid also helps citizens and local and state governments with costs for damage to roads, bridges, emergency protective measures and debris removal.  In addition, an expedited declaration has been requested that provides federal reimbursement for 100 percent of all eligible costs for 72 hours from the declaration.   

Businesses located in a declared disaster area and that have incurred damage during the disaster may apply for funds to help repair or replace damaged property to its pre-disaster condition. The Small Business Administration makes physical disaster loans of up to $2 million to qualified businesses. Physical Disaster Loans are for permanent rebuilding and replacement of uninsured or underinsured disaster-damaged property. SBA’s physical disaster loans are available to businesses of all sizes and private, non-profit organizations.  Businesses can learn more about these funds and apply by visiting the website https://disasterloan.sba.gov/ela/ or by calling (800) 659-2955.

Additionally, there are federal funds available through the Disaster Unemployment Assistance program for workers who have lost work as a direct result of the storms and flooding.  The Tennessee Department of Labor and Workforce Development facilitates this program for the Federal Government, and those individuals eligible should call the Tennessee Unemployment Insurance Claims Center at (877) 813-0950 extension 7599.

“Hopefully, our citizens will take immediate action to report their damages to local authorities in order for our  counties to make the appropriate assessments needed to be designated as a disaster area,” added Senate Republican Caucus Chairman Diane Black (R-Gallatin).  “This will allow us to start the clean up process so that we can rebuild and restore our communities.”

Individuals are encouraged to call their county Emergency Management Agencies (EMAs) to report their damages so the agency can make the appropriate assessments.  Citizens should contact FEMA by either Internet at www.disasterassistance.gov or call 1-800 621- FEMA (3362) to make application for grants or loan approval for loss of personal property if they do not have insurance. 

Legislation continues existence of boards and commissions but loosens special interest grip on appointments

The full Senate debated legislation this week that continues 18 boards and agencies that are subject to periodic review to determine whether they are effective and necessary.  Several of them, however, contain language to improve public participation and help to ensure that lobbyists, or special interest groups, are not solely in control of who serves on these boards and commissions.  The measure addresses serious concerns about repeated language in Tennessee law, that in effect, allows private entities to select members. 

The governor, lieutenant governor, and speaker of the house are most commonly responsible for naming those who serve on the approximately 250 boards and commissions currently in operation in the state.  The boards cover a wide variety of matters and involve oversight for various professions in the state from real estate and health care to athletic training and funeral homes.  Special interest groups over the years have lobbied to make sure that their organizations are included in the language of the law by requiring that appointments are made from members of their group.

“There are inconsistencies on our boards and commissions,” said Senator Bo Watson (R-Hixson) in speaking about the various state laws regarding appointments.  “Some require selection from specific organizations, while others just ask for recommendations from a particular group.  Our goal has been to allow any citizen of the state who meets the qualifications to be considered for service.” 

The language included in the proposals, as amended, would ensure that appointing authorities consider an organization named in the law’s recommendations.  However, it also provides that they also have the ability to select other qualified citizens that previously have not been allowed due to restrictions that the candidate be selected from a specific special interest organization.  In addition, the amended bill requires Tennessee residency as a condition of appointment. 

Further debate on the bills will continue on the Senate floor on Monday.

Voter Identification legislation debated on Senate Floor

The full Senate debated legislation on final consideration this week aiming to strengthen the integrity of elections in Tennessee.  The bill requires that voter registration forms contain a disclaimer that clarifies giving false information to register to vote carries a criminal penalty.  The legislation, Senate Bill 194 sponsored by Senator Dewayne Bunch (R-Cleveland), also requires that the applicant affirm that they are lawfully in the United States.

The U.S. Constitution already requires citizenship to vote.  In addition, federal law makes it a crime to knowingly make a false statement or claim regarding citizenship upon registering to vote. 

Currently, election officials in the field may have questions about what they can ask for to substantiate that assertion when an applicant checks the box that they are a U.S. citizen.  These officials don’t want to bring it up if they are not authorized to ask for certain identification.  This legislation, as amended by the Senate, gives them guidance and clarifies what they can ask for if an election official chooses to put that person to the test.  This includes a drivers license, U.S. naturalization documents, birth certificate, passport, Federal Bureau of Indian Affairs card or other documents or methods of proof that are established pursuant to the federal Immigration Reform and Control Act.

In Brief…

Grandparent visitation – The State Senate has approved legislation to allow the courts to grant grandparent visitation in cases where one of the child’s parents has died and the surviving parent has terminated the relationship between the child and grandparent.  Absent proof to the contrary, the death alone of the parent is sufficient to establish substantial harm. Currently, Tennessee law provides court standing for grandparents to petition visitation rights in certain circumstances.  However, the court must first determine whether cessation of visitation between a grandparent and grandchild constitutes a substantial threat of harm to the child.  The measure, Senate Bill 3036, is sponsored by Senator Mike Faulk (R-Church Hill).

Ethics and Education / Utility Boards -- The full Senate voted 31 to 0 to approve legislation strengthening the professional and ethical requirements for utility boards across Tennessee.  The bill requires 12 hours of continuing education for commissioners during a three-year period.  This provision would not apply to members of gas utility district boards who receive extensive annual training as reviewed by the Comptroller.  It also requires that if a utility board commissioner is indicted on a matter related to their duties, they would have to step until the indictment is cleared.  If they are subsequently convicted, they would be suspended from the board.  The measure, Senate Bill 3513, is sponsored by Senator Ken Yager (R-Harriman).

Background checks / beer permit holders – The Senate Finance Committee approved a bill this week that would authorize local governments to conduct criminal background checks and fingerprint analysis with the cooperation of the Tennessee Bureau of Investigation (TBI) and Federal Bureau of Investigation (FBI) for beer permit holder applicants.  Currently, local officials can only access local and state law enforcement records to see if an applicant has a criminal history.  However, some communities want the authority to do a broader search to ensure permit holders do not have a criminal background in other states.  This bill gives local governments the authority under Tennessee law for the TBI to access FBI databases to do the check.  The legislation, Senate Bill 3330, is sponsored by Senator Randy McNally (R-Oak Ridge). 

Unemployment Compensation Fund / Direct Deposit – The Senate Finance Committee has approved a bill that allows a person drawing unemployment compensation to request that their weekly benefit be paid by direct deposit into a financial institution that the claimant selects.  It requires that the full Social Security number be omitted from the unemployment check and check stubs.  The move would also result in a $3 million decrease in state expense over time for the state’s Unemployment Compensation Fund.  The measure, Senate Bill 3518, is sponsored by Senator Doug Overbey (R-Maryville)

Employer options for payment of wages – Similarly, the governor has signed a bill that allows  Tennessee employers to have the right to issue payment of wages through either an electronic automated fund transfer or a prepaid debit card under legislation approved this year.  The bill, which is permissive, aims to help employers lower expenses by giving them the right to use these payment methods as an alternative.  The move is expected to save employers, who choose to utilize fund transfer, an estimated 75 percent from the costs of issuing payment by check.  Under the bill, employees would not be charged for the debit card withdrawal if they choose to access an in-network ATM machine to receive the payment.  The new law, Senate Bill 2633, is sponsored by Senator Jack Johnson (R-Franklin).

Purple Heart Memorial Plate – The full Senate voted unanimously to authorize widows and widowers of persons entitled to receive holders of Purple Heart memorial plate to obtain a plate upon such person's death.  The legislation, Senate Bill 2382, is sponsored by Senator Ken Yager (R-Harriman).

Banks / Consumers – The governor signed legislation this past week that would provide assistance to homeowners who are about to lose their home due to non-payment and gives them the opportunity to contact their lender in an effort to avoid foreclosure.  The bill requires that a new simple and easy to understand notice be sent to homeowners when they fall behind or become delinquent in their mortgage payments to help them find a resolution or to see if there are any governmental programs available to avoid a foreclosure sale.  The notice also points the borrower to the various federal loan modification programs which might be available to them.  The measure, Senate Bill Senate Bill 3519, is sponsored by Senator Doug Overbey (R-Maryville). 

Child abductions -- Legislation that aims to reduce the risk of child abduction in Tennessee was signed by the governor this past week.  The bill provides courts with guidelines to follow regarding potential child abductions and to provide courts with appropriate measures to prevent these crimes.  This includes information about abduction risk factors so that they can place appropriate restrictions to prevent abductions.  Using these guidelines the court must determine that there is a credible risk of child abduction, and then the court may consider preventative measures.  The legislation, Senate Bill 3065 sponsored by Speaker Pro Tempore Jamie Woodson (R-Knoxville), will take effect July 1.

Abortion / Federal health care bill – The governor, however, returned without his signature legislation to prohibit taxpayer-funded coverage for abortion services in Tennessee associated with the federal healthcare bill passed by Congress in March.  The bill, which becomes law without his signature, prohibits any health care plan established pursuant to federal health care reform legislation enacted by the 111th United States Congress from offering coverage for abortion services.   The measure, Senate Bill 2686, is sponsored by Senator Diane Black (R-Gallatin).

###

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

 (NASHVILLE, TN), April 22, 2010  --  Major legislation overhauling the way state government contracts for the purchase of up to $25 billion in goods and services has been approved by the Senate State and Local Government Committee.  The legislation, Senate Bill 3598, sponsored by Senator Bill Ketron (R-Murfreesboro), is designed to implement cost saving strategies taken from the best practices implemented by procurement officials nationwide that could save Tennessee hundreds of millions of dollars over the long run.
 
 “This bill streamlines the way we do business to help ensure Tennessee taxpayers get the best value for our dollars in state contracting,” said Senator Ketron, who is Chairman of the Fiscal Review Committee,  the legislature’s financial watchdog panel.  “We will save hundreds of millions of dollars for the taxpayers over the long run by applying best practices and modernizing how state government manages the procurement of goods and services.”

The bill uses information contained in a State of Tennessee Procurement Assessment showing state authority for contracting is divided with one path for procuring goods and routine services and another path for the purchase of professional services.  Each path has its own rules, players, decision makers, databases, technology, policies and staff.   Without a single entity in charge of or accountable for statewide procurement spending, there is currently no easy way to manage a coherent, comprehensive, statewide cost saving strategy for procurement.  The report also said it was confusing for vendors to do business with the state due to inefficient and redundant processes.

The proposed legislation would combine procurement of goods and services for the state into one central office housed in a department to be chosen by the governor.  The governor would also appoint a single Chief Procurement Officer who has extensive qualifications and experience in contract administration to head the agency.  The Chief Procurement officer would lead a staff of 88 well trained professionals to carryout the function of procurement management, contract management, contract compliance /quality assurance, and vendor customer relations. 
 
An Advisory Council for State Procurement would be established to provide counsel to the new agency, replacing the present Board of Standards and Review Committee.  It would consist of representatives from state agencies, the legislative branch and those with expertise from the vendor community.  A State Procurement Commission consisting of the State Comptroller, the Commissioner General Services and the Commissioner of Finance and Administration would be formed to examine and approve rules, regulations and procedures for the agency under the bill.  A Protest Committee consisting of the State Treasurer, the Commissioner of Finance and Administration and the Commissioner of General Services would hear protests regarding procurement of contracts as long as they have no direct conflict of interest on the matter.

The new statewide system could also take advantage of the government’s clout as a volume-buyer to leverage more competitive bidding.  Other objectives of the legislation is to provide opportunity and fairness in state contracting and implementation of performance measures to make sure taxpayer dollars are used efficiently and effectively. 

“We are in very tough financial times right now and, if we are going to move forward, we must restructure state government from the way we know it,” added Ketron.  

The bill is similar to a new law implemented in Georgia and comes from the best practices obtained from the National Association of State Procurement Officials, the American Bar Association 2000 Model Procurement Code for State and Local Governments and reports from the Federal Government Accountability Office.  It now moves to the Senate Finance Committee for consideration.
 
In other action on state cost saving measures, the Senate State and Local Government Committee has approved legislation to provide more accurate and transparent information regarding the potential costs of legislation or state regulatory actions.  Senate Bill 3549, which is also sponsored by Senator Ketron, requires monetary estimates of all bills, ending the practice of fiscal notes classifying the impact of legislation as “not-significant.” 

Currently, fiscal notes reflect what a bill will cost over the duration of the next budget year, which runs from July 1 to June 30.  This legislation requires a three-year cost analysis and that state departments or agencies provide an estimate of the fiscal impact of proposed rules and regulations to the Secretary of State.  The Secretary of State would then post a table listing any estimated fiscal impact of all proposed regulations on its Website for transparency.

“We must take a longer-term look at the impact of legislation, given the current economic climate,” added Senator Ketron.  “This bill makes sure that all the facts are on the table about the potential cost of a bill before we vote to enact it.”
 
Long term care CHOICES Program working to provide seniors and the disabled with more health care options

The TennCare Oversight Committee heard an update this week regarding the progress of the state’s new CHOICES program for long-term care.  The program, which is a result of the “Long-Term Care Community Choices Act of 2008,” expands access to home and community-based services for seniors and the disabled to allow them to age in place in their homes. 

There were no alternatives to institutional nursing home care in Tennessee before 2003, with the state ranking last in the nation in home and community based services expenditures for the elderly and adults with disabilities.  Although home and community-based care services began in Tennessee in 2004, there was slow growth through 2006, with only 1,131 persons enrolled in the program in the first two years.  After implementation of the new law, home and community-based services make up 9.32 percent of all long term care funding, which is up from .74 percent in 1999. 

The CHOICES program integrates TennCare nursing facility services and home and community based services for the elderly and adults with physical disabilities into the existing managed care system.  The goal is a more balance long-term care system depending on the needs and preferences of people receiving long term care services. 

On March 1, the initial enrollment target for CHOICES was set at 7,500 for home- and community-based services.  The enrollment target will increase to 9,500 on July 1, 2010.  The state has the potential to serve as many as 11,000 members now that program slots can be refilled as soon as they become available, which will nearly double the number of people receiving home- and community-based services in the first year of the CHOICES program. 

The program is currently serving new enrollees in Middle Tennessee and is now looking ahead to the implementation of CHOICES to those in need of long term care services in East and West Tennessee. 

“This program restructured how long-term care is handled in the TennCare program by providing elderly and disabled Tennesseans with more choices and a simpler process for accessing them,” said Senator Diane Black, one of the sponsors of the 2008 legislation and a member of the Joint Committee on Long Term Care. “This will allow us to serve more people in their homes with the kinds of services that meet their needs in a way that makes better financial sense.”
 
In other action on health care, the TennCare Oversight Committee was updated on new federal health reform bill signed by the President on March 23.  TennCare officials said that the new federal law changes many aspects of health care in the U.S., including the required insurance coverage for all individuals, new rules for insurance providers, the creation of a health insurance exchange, and broad changes to state’s Medicaid and CHIP programs. 

Officials said that while the law provides an outline of the changes ahead, the federal government must release policies, regulations and guidelines before final details are known.  The Department continues to receive interpretation of the bill as passed using information from the Congressional Budget Office, the federal government, Kaiser, and other state Medicaid programs, as well as, from Tennessee’s own internal data.

Some changes impacting Medicaid programs will take place in the next few years; however, most do not take effect until 2014.  Among the immediate changes is the Maintenance of Effort (MOE) requirement that provides Medicaid agencies cannot change eligibility standards, methodologies or procedures to be more restrictive than they were when the federal bill was signed into law.  

Senate Judiciary Committee continues attack on crime

The Senate Judiciary Committee continued to make progress in attacking crime in the state with passage of several bills this week, including two measures sponsored by Senator Rusty Crowe (R-Johnson City) to address domestic violence.  One proposal, Senate Bill 2708, prohibits a respondent of an order of protection from telephoning, contacting, or otherwise communicating directly or indirectly with the petitioner.  The bill makes it clear that the person to whom the order is directed cannot contact the victim “for any purpose.”   The action would prevent excuses from being used in violation of the order.

“This just makes sure that there is a clear understanding that there is to be no communication when an order of protection is issued,” said Senator Crowe. 

The second domestic violence proposal, Senate Bill 2709, allows the court to order domestic abuse perpetrators to attend counseling programs.  The bill prescribes a list of counseling programs the judges can order from if they choose, including, intervention programs that are certified by Domestic Violence State Coordinating Council.  The bill increases the maximum penalty for those convicted of the crime from $200 to $225, with the proceeds going to grants for domestic violence shelter programs. 
Senator Crowe also guided to passage Senate Bill 2882 which aims to curb the number of deaths in work and school zones due to reckless driving.  The bill adds to the list of charges that can be considered under the state’s vehicular homicide law, cases where the cause was the driver’s knowing failure to exercise due care in a construction zone or a school safety zone. 
There were 12 fatal crashes in construction zones and three deaths in school safety zones last year.  The crime would be punishable as a Class D felony.
“We have had several tragic deaths recently in these zones where drivers know they are supposed to be taking extraordinary care,” said Senator Crowe.  “This bill allows district attorneys to look at these crimes and bring charges under Tennessee’s vehicular homicide law when the inattention is so reckless that it results in a death in one of these two safety zones.” 
In other Senate Judiciary Committee action, State Senator Tim Burchett (R-Knoxville) won passage of Senate Bill 3169 to add juvenile sex offenders to Tennessee’s DNA database after they are adjudicated.  The DNA database is the 21st century’s answer to the old fingerprinting method.  In 2007, the General Assembly passed the Johnia Berry law, sponsored by Lt. Governor Ron Ramsey (R-Blountville) to widen Tennessee’s DNA database to solve crimes.  This bill adds adjudicated juvenile sex offenders to the list of those who must submit DNA samples under that law.

State Senators approve Uniform Interstate Family Support Act

The State Senate voted and sent to the governor legislation that will allow Tennessee to participate in the International Recovery of Child Support and Other Forms of Family Maintenance.

With increasing frequency, U. S. and Tennessee citizens who live, work or are deployed in foreign countries begin families while they are in other countries and become subject to foreign country support orders. When either parent or the children come to Tennessee or the U. S. and need support or need to establish paternity, current law is limited.

“As more parents cross state borders it is difficult to enforce child support orders,” said Senator Mike Faulk (R-Church Hill) sponsor of the bill.  As they cross international borders it is almost impossible to enforce these orders.  This legislation contains procedures for processing child support orders across both state and international borders that are uniform, simple, efficient, and accessible.  Many of these provisions were taken from the experience within the U. S. from enforcing child support orders across state lines.” 

The Uniform Interstate Family Support Act (“UIFSA”) was drafted in 1992. Over the years, while the United States was developing its own method of uniform enforcement of child support, the rest of the world was participating in various forums, including the Hague Convention, an international event, to reach a similar end. In 2003, the United States joined the Hague Convention to engage in discussions of worldwide child support uniformity.

UIFSA was most recently modified in 2008 during the Hague Convention; however, these amendments have not yet been implemented. They are expected to become law in the near future after it is approved by the Senate and signed by the President. When implemented, Tennessee will be ready to participate under the legislation approved.

In Brief….

DUI / Interlock devices – The full Senate has approved legislation that would increase the use of ignition interlock devices to curb the number of alcohol-related car crashes in Tennessee.  Senate Bill 2965, sponsored by Senator Mae Beavers (R-Mt. Juliet), requires the use of the devices if the offender has a blood or breath alcohol concentration of .15 percent or higher; is accompanied by a person under 18 years of age; or, violates the present implied consent laws.  It also provides that those convicted of drunk driving under .15 with the option to install an interlock device instead of being geographically restricted by the court.  Interlock devices are small pieces of equipment attached to the steering wheel of a car with a tube that the driver must breathe into in order to allow the ignition to start.  Studies show the devices have been very successful in curbing drunk driving. 

Abortion / federal healthcare law -- The State Senate has passed and sent to the governor legislation sponsored by Senator Diane Black (R-Gallatin) to prohibit taxpayer-funded coverage for abortion services in Tennessee associated with the federal healthcare law passed by Congress.  The bill, Senate Bill 2686, prohibits any health care plan established pursuant to federal health care reform legislation enacted by the 111th United States Congress from offering coverage for abortion services. 

Elected Attorney General -- The Senate voted 19 to 14 this week in favor of a resolution sponsored by Senator Mae Beavers (R-Mt. Juliet), calling for an elected State Attorney General (AG).  The resolution, Senate Joint Resolution 698, seeks to amend the state’s Constitution to allow a popular election every four years.  Tennessee is the only state in the nation that allows the State Supreme Court to select the attorney general.  The amendment resolution must be approved by both the 106th General Assembly, currently in session, and the 107th, which will take office in 2011, before going to voters in a statewide referendum in November 2014.

Employer options for payment of wages -- Tennessee employers would have the right to issue payment of wages through either an electronic automated fund transfer or a prepaid debit card under legislation approved by the State Senate on Monday.  The bill, Senate Bill 2633, sponsored by Senator Jack Johnson (R-Franklin), gives employers the right to choose to use these payment methods as an alternative.  The move is expected to save employers, who choose to utilize fund transfer, an estimated 75 percent from the costs of issuing payment by check.  Under the bill, employees would not be charged for the debit card withdrawal if they choose to access an in-network ATM machine to receive the payment.

Veterans / fundraising -- A resolution seeking to amend Tennessee’s Constitution to allow tax exempt veterans groups to raise funds in the same manner as 501 (c)(3) charitable organizations was sent to a Summer Study Committee for further review and to refine the language of the proposal.  Veterans groups were left out of the Constitutional Amendment approved by voters in 2002, due to the way their organizations are generally structured as 501 (c) (19) or 501 (c) (4) organizations under the Internal Revenue Code.  The Committee will look at making the language as precise as possible to allow charitable fundraisers by veterans, without unintentionally opening a door to any unscrupulous gaming activities.  The resolution, SJR 982 is sponsored by  Lt. Governor Ron Ramsey (R-Blountville), and Senators Rusty Crowe (R-Johnson City), Bill Ketron (R-Murfreesboro) and Jim Tracy (R-Shelbyville).  

Highways / federal funds -- Legislation that calls for Tennessee to keep its own road money rather than participate in the Federal-Aid Highway Program was approved by the Senate Finance Committee.  The bill, Senate Bill 3678, sponsored by Senator Tim Burchett (R-Knoxville), provides for Tennessee to opt out of the federal program subject to enabling action by Congress.  The state could then elect to retain the state’s contributions to the federal Highway Trust Fund for transportation purposes.   Tennessee is a donor state as far as the Federal-Aid Highway Program is concerned.  In the 2008-2009, Tennessee remitted $740.6 million in taxes collected from fuel, batteries and diesel to the federal highway trust fun and received $673.4 million in allocations.  Under the proposal, taxes retained by the state would be directed to the State Highway Fund instead.

Civics in High Schools -- State Senators voted this week to urge the teaching of civics classes in high schools in Tennessee.  The measure, Senate Bill 3432, sponsored by Senator Jim Tracy (R-Shelbyville), prescribes the goals of the class to include information regarding the three branches of government, the fundamental documents, an understanding of how laws are enacted, and ways that citizens can shape and influence their government.

False Allegations / Sexual Abuse -- The full Senate has approved a bill that allows the court to hold in contempt any person who makes false allegations of sexual abuse in furtherance of litigation.  The bill specifies that the court may hold the violator in "contempt" and could order them to pay all litigation expenses and court costs.  The measure, Senate Bill 1264, is sponsored by Senator Dewayne Bunch (R-Cleveland).

Meth labs – The State Senate voted this week to approve legislation designed to protect the public from being harmed by the ill effects of entering a house or building that has been used as a meth lab.  The bill makes it a Class B misdemeanor offense to knowingly inhabit a property quarantined by law enforcement due to the manufacture of methamphetamine within the structure, unless that person is part of the official police investigation.  The bill, Senate Bill 2969, is sponsored by Senator Diane Black (R-Gallatin).

Foreign defamation / Libel Tourism -- State Senator Bill Ketron (R-Murfreesboro) guided passage of Senate Bill 3589 through the State Senate this week.  The bill would help in the fight against a tactic known as “Libel Tourism” which results from defamation lawsuits filed against authors critical of individuals with known ties to terrorist organizations like al Qaeda and Hamas. The legislation ensures that Tennessee Courts have the ability not to recognize a foreign judgment, if that country’s laws protecting free speech and the free press are not as protective as freedoms provided in the constitutions of Tennessee and United States.  The measure relates to grounds for non-recognition of foreign defamation judgments, closely resembling similar laws passed by the New York, New Jersey, Illinois, California, Utah and Florida Legislatures on the matter.

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

 (NASHVILLE, TN), April 15, 2010  -- A flurry of bills began to move through the State Senate committee process this week, including legislation getting tough on crime.  Meanwhile, the Senate Finance Committee received an update on the state’s revenue collections and growth estimates in preparation for its work on the budget. 

For the 22nd consecutive month, Tennessee’s revenue collections continued to fall short of budgeted estimates in March, according to Finance Commissioner Dave Goetz who appeared before the Senate Finance Committee this week.  The overall March revenues were $776.5 million, which is $11.7 million less than the state budgeted.  Goetz told committee members that they see some improvement in major items, like automobile sales, but until they see clear signs that the economy is recovering, they will continue to make budget decisions based on what “we’re experiencing in Tennessee.”

Year-to-date collections for eight months were $244.1 million less than the budgeted estimate. The general fund was under collected by $205.0 million and the four other funds were under-collected by $39.1 million.  Goetz told the committee that Governor Bredesen will present a budget amendment to lawmakers within a week.

“I am very concerned about our state revenue collections,” said Finance Chairman Randy McNally.  “The best course of action would be to choose a conservative course.”

State Comptroller Justin Wilson also presented the state’s Funding Board estimates for the current and upcoming fiscal year to the Finance Committee.  For the fiscal year ending June 30, 2010, the Funding Board expects the revenue growth rates to be negative, ranging between -1.77 percent and -1.29 percent for total tax revenues and between -2.31 percent to -1.78 percent for the state’s general fund, the primary funding source for state government’s general operations.  However, the Board projects some improvement for the 2010-2011 fiscal year that will begin July 1 with projections for a positive growth rate ranging between 1.73 percent and 1.98 percent. The Funding Board also anticipates a positive growth rate for the general fund between 2.05 percent and 2.30 percent.
Lawmakers act on several anti-crime bills

DUI / Interlock devices – State Senators acted on several bills this week to get tougher on crime, including approval in the Finance Committee of legislation that would increase the use of ignition interlock devices to curb the number of alcohol-related car crashes in Tennessee.  Senate Bill 2965, sponsored by Senator Mae Beavers (R-Mt. Juliet), requires the use of the devices if the offender has a blood or breath alcohol concentration of .15 percent or higher; is accompanied by a person under 18 years of age; or, violates the present implied consent laws.  It also provides that those convicted of drunk driving from under .15 with the option to install an interlock device instead of being geographically restricted by the court. 

Interlock devices are small pieces of equipment attached to the steering wheel of a car with a tube that the driver must breathe into in order to allow the ignition to start.  The current alcohol ignition interlock technology makes it easier for courts to require drunk drivers to utilize the device.  Studies show the devices have been very successful in curbing drunk driving. 

Courts often restrict those convicted of drunk driving to traveling only to work and home.  The restriction routes can be difficult for law enforcement officers to monitor.  Officers would easily be able to see if a convicted offender has a court-ordered interlock device, which would be installed at the offender’s expense.

As of January, 2,743 Tennessee driver’s license holders had an interlock restriction, while 580 license holders had an interlock device installed. Eight other states already have laws that require DUI offenders to install interlock devices if they register .15 or higher.  The National Transportation Safety Board has urged Tennessee to pass a more uniform and mandatory system for installation of interlock devices for those convicted of drunk driving.

Dogs used as weapons -- The Senate Judiciary Committee approved legislation to prohibit those convicted of a violent felony, a felony drug offense, or an animal cruelty offense from owning or being in control of a vicious or potentially vicious dog for ten years after completion of their sentence or parole supervision.  The bill, Senate Bill 555 sponsored by Senate Majority Leader Mark Norris (R-Collierville), also requires that any dog in their possession be spayed or neutered to reduce the use of the animal as a violent weapon. 

The bill is one of several measures proposed to attack gang and drug violence by providing law enforcement with another tool to combat crime.  Expert testimony confirmed that a majority of criminals involved with drugs and meth labs use vicious dogs to protect them from law enforcement.  About 80 percent of the dogs used by criminals are males that have not been neutered which makes them more aggressive.  The dogs often roam freely, posing a particular danger to children and the elderly.  

“We have made progress in addressing about 60 percent of these kinds of crimes,” said Norris, who sponsored two major ‘Crooks with Guns’ laws approved by the General Assembly over the past several years to get tough on crimes involving weapons.  “These dogs are trained to be weapons against law enforcement.  They can also come in contact with children and the elderly, who are particularly vulnerable to attack.  This legislation gives law enforcement another tool to combat violent crime.”

Armed Robbers -- Similarly, a bill to strengthen penalties against armed robbers was debated in the Senate Finance Committee this week.  The legislation, Senate Bill 3431,  would more than double the minimum amount of time served for aggravated robbery. 

Presently, armed robbers convicted on a first offense can receive up to eight years in jail, but the 30 percent requirement places the actual sentence at less than three years.  This legislation would increase the percentage of jail time for these armed offenders from 30 percent to 74 percent. 

To ensure there is prison space, the bill would sentence those convicted of non-violent property crimes under $1,000 to community corrections, with more intensive supervision instead of jail time.

“This allows us to that we use our limited jail space wisely to house the worst offenders who are a danger to the public,” added Norris.  “The non-violent offenders will still pay for their crime through intense supervision in community corrections.”

Debate on the bill will continue in the Finance Committee next week.

Bail / Mental Health Crisis  -- The Senate Judiciary Committee approved legislation requiring law enforcement officers who believe a defendant arrested for an offense against a person poses a substantial likelihood of serious harm to request an examination of the defendant by a member of the Community Mental Health Crisis Response Service within 12 hours.  The bill, Senate Bill 3439, is sponsored by Senator Jim Tracy (R-Murfreesboro). 

“The bill arises from a Rutherford County tragedy last November, when a woman was beaten by her son after he had been arrested for assault,” said Senator Tracy.  “The son had a long history of mental illness.  This bill works to avert such tragedies from occurring again.”  

Meth labs -- In other Judiciary Committee action, members approved legislation designed to protect the public from being harmed by the ill effects of entering a house or building that has been used as a meth lab.  The bill makes it a Class B misdemeanor offense to knowingly inhabit a property quarantined by law enforcement due to the manufacture of methamphetamine within the structure, unless that person is part of the official police investigation.  The bill, Senate Bill 2969, is sponsored by Senator Diane Black (R-Gallatin).

Cruelty to Animals -- Legislation that would strengthen penalties against those who are convicted of animal cruelty was approved by the full Senate on final consideration this week.  The bill makes violation of a judge’s order connected with animal cruelty conviction a Class A misdemeanor, which carries up to a one-year jail sentence and a $2,500 fine.  It also provides that second and subsequent cruelty to animal convictions would be considered a Class E felony with a one- to six-year prison sentence and up to $3,000 in fines.

Currently, a judge in Tennessee can issue a special order that bans persons convicted of animal cruelty from owning an animal again.  However, the law does not prescribe penalties to allow prosecutors or judges to punish offenders.

“The current law does not have any teeth,” said Senator Bill Ketron (R-Murfreesboro), sponsor of the bill.  “There is nothing to punish those who commit this crime from abusing again.”

The link between animal cruelty and other forms of violence is a national concern. For example, the practice of dog fighting is commonly linked to illegal drug and weapons violations, gambling, aggravated assault and gang violence.

The bill, Senate Bill 3540, now goes to the governor for his signature before becoming law.

Sentencing / Juvenile offenders – Judges could consider serious felonies committed by a repeat offender as a juvenile upon sentencing under legislation passed by the full Senate this week.  The legislation, Senate Bill 3314 sponsored by Senator Brian Kelsey (R-Germantown) allows a judge to consider Class A and Class B felony convictions that the repeat offender committed as a juvenile which would be added to the presentencing report for consideration along with any other adult convictions.

“It's time to start locking up criminals who continue to commit serious crimes,” said Kelsey.  “That's the only way we can make our communities safer places to live.”

Sex Offenders / Physicians -- The full Senate approved a House Amendment and sent to the governor legislation to require the Board of Medical Examiners to deny the application for licensure or revoke the license of a physician convicted of an offense which requires registration as a violent sexual offender.  The bill, Senate Bill 3362 sponsored by Senator Diane Black (R-Gallatin), provides for communications between the Tennessee Bureau of Investigation’s (TBI) Sex Offender Registry and the Board of Medical Examiners within 30 days to assure notification is given.  It also requires the Medical Examiners make sure that no existing physician is currently listed on the Registry.  If a physician is on the Sex Offender Registry, but is not listed as a violent offender, they can still practice as long as there is no patient contact, under the amended bill.  The bill also gives due process to allow physicians the opportunity to contest a finding by giving evidence to the Board that they were not the person convicted.

Bill would protect Tennesseans from foreign defamation judgments by terrorists 

State Senator Bill Ketron (R-Murfreesboro) guided passage of Senate Bill 3589 through the Judiciary Committee this week.  The measure relates to grounds for non-recognition of foreign defamation judgments, closely resembling a similar law that was passed by the New York Legislature on the matter.

The bill would help in the fight against a tactic known as “Libel Tourism” which results from defamation lawsuits filed against authors critical of individuals with known ties to terrorist organizations like al Qaeda and Hamas. The lawsuits have been finding their way into foreign courts. Ketron’s legislation ensures that Tennessee Courts have the ability not to recognize a foreign judgment, if that country’s laws protecting free speech and the free press are not at least as protective as freedoms provided in the constitutions of Tennessee and United States.

“This bill protects all Tennesseans’ fundamental right to the freedom of speech and the press without fear of reprisal from foreign courts,” said Senator Ketron.

Senate passes legislation to help homeowners avoid foreclosure

The Senate has approved legislation sponsored by Senator Doug Overbey (R-Maryville) that would provide assistance to homeowners who are about to lose their home due to non-payment and gives them the opportunity to contact their lender in an effort to avoid foreclosure.  The bill, Senate Bill 3519, requires that a new simple and easy to understand notice be sent to homeowners when they fall behind or become delinquent in their mortgage payments to help them find a resolution or to see if there are any governmental programs available to avoid a foreclosure sale.

“The notice gives them the best advice anyone can get in this situation,” said Senator Overbey.  “This is to contact the lender who may have ways to mitigate the situation if they know the homeowner's situation.   The notice also points the borrower to the various federal loan modification programs which might be available to them.  It is a timely bill given where we are in the current state of the economy and the high number of foreclosures.”

Tennessee ranked 26th in the nation in February according to Realty Trac Inc.’s U.S. Foreclosure Market Report.  The state has consistently ranked among states with the highest number of foreclosures for the past decade.  

The legislation requires that a lender, trustee, or other creditor send the debtor a notice of the right to foreclose no less than 60 days prior to the first publication of a notice of a foreclosure sale of a deed of trust, mortgage, or other lien securing the payment on an owner-occupied residence. The notice must contain sufficient information to allow the debtor to contact the lender to discuss options available to the debtor. If the trustee determines at the time of the sale that notice of the right to foreclose was not sent to the debtor as required, the debtor may request postponement of the sale for 30 to 60 additional days to allow time needed to examine other possible resolutions. 

The bill now goes to Governor Phil Bredesen for his signature.

Legislation prohibiting taxpayer-funded coverage for abortion arising from federal healthcare bill wins unanimous approval in Senate Commerce Committee

The Senate Commerce Committee approved legislation sponsored by Senate Republican Caucus Chairman Diane Black (R-Gallatin) that would prohibit taxpayer-funded coverage for abortion services in Tennessee associated with the federal healthcare bill passed by Congress last month.  The bill, Senate Bill 2686, prohibits any health care plan established pursuant to federal health care reform legislation enacted by the 111th United States Congress from offering coverage for abortion services. 

 “I am very pleased that we received unanimous support for this bill in the Commerce Committee today,” said Senator Black.  “We have worked for years to ensure that taxpayer money is not used for abortion services in Tennessee.  We must fight back against this overreach of federal power.”

Black maintains an Executive Order signed by President Obama as part of an agreement to gain the votes of a key block of anti-abortion Democrats as the price for the massive federal health care law, will not stop federal funding of the procedure.
 
“We are not comfortable that the Executive Order will stand up to protect the life of the unborn,” added Black.  “It does not fix the fact that this federal health care law clearly allows for the funding of elective abortions. Therefore, we must take every action possible to protect Tennessee from being a part of a plan that allows for funding abortions.”

The bill was approved in the House of Representatives on final consideration on Monday by a vote of 70 to 23.  It now goes to the Senate floor for final consideration before going to the governor for his signature. 

In Brief…..

TNInvestco – Legislation sponsored by Senator Doug Overbey (R-Maryville) was approved by the Senate Commerce Committee to expand the TNInvestco tax credit program by $80 million to include four additional participants already selected as alternates in the new program.  The Committee also added further improvements to the bill, Senate Bill 3049, to increase transparency and accountability in the program.  Small businesses provide 67 percent of first jobs and produce 55 percent of innovations.  TNInvestco helps to make investment capital available to small, medium and start up businesses in Tennessee.   The goal is to develop Tennessee’s entrepreneurial infrastructure, to bring additional capital into the state, to diversify the state’s economy and to create “anchors” or “clusters” of business innovation which can result in new companies being created in Tennessee.  Individual businesses interested in applying for the program may go to www.tninvestco.gov and complete an application form which will be submitted to each of the TNInvestco funds. 

English in the workplace – The Senate Commerce Committee has approved a bill to clarify that Tennessee employers have a right to institute an English-in-the-workplace policy.  The bill, SB 2753 sponsored by Senator Jack Johnson (R-Franklin), clarifies that employers can require that English be spoken on the job as long as it is posted.  The Republican sponsor said requiring English is often a safety precaution. Businesses where employees are continuously handling toxic products or food containers have a need to require English.

Holocaust Remembrance – The State Senate on Monday remembered those who died in the Holocaust as part of the International Holocaust Remembrance Day each spring, which is observed near the Days of Yom Hashoah. The event was organized by Senator Andy Berke (D-Chattanooga) and Senator Tim Burchett (R-Knoxville).  Each year the General Assembly invites the Holocaust Survivors and US Army Camp Liberators to join in a Commemoration hosted by the Tennessee Holocaust Commission.

Overreaching by Congress -- The State Senate gave final approval to Senate Joint Resolution 897 sponsored by Lt. Governor Ron Ramsey (R-Blountville) which urges Tennessee’s Attorney General to join 19 other states in challenging the unconstitutional provisions in the federal government takeover of the nation’s health care system.  The resolution states the General Assembly shares the concern of other states that mandated insurance coverage for citizens within their boundaries violates the Commerce Clause and the Tenth Amendment of the U.S. Constitution.

Elected Attorney General -- The Senate heard two readings this week of a resolution sponsored by Senator Mae Beavers (R-Mt. Juliet), calling for an elected State Attorney General (AG).  The resolution, Senate Joint Resolution 698, seeks to amend the state’s Constitution to allow a popular election every four years.  Tennessee is the only state in the nation that allows the State Supreme Court to select the attorney general.  The amendment process requires three readings before a vote is taken on the resolution.  It must be approved by both the 106th General Assembly, currently in session, and the 107th, which will take office in 2011, before going to voters in a statewide referendum in November 2014.

College Savings -- The Senate Finance Committee has approved legislation to increase the number of college graduates by providing essential education to parents and students about how to save for college.  The proposal, Senate Bill 3234 sponsored by Senate Education Committee Chairman Dolores Gresham (R-Somerville), would create an 11-member Tennessee Financial Literacy Commission to establish a state clearinghouse of information, resources, and assistance for improving financial literacy in the area of college savings.

Similarly, a separate measure was approved by the full Senate that authorizes the Board of Trustees of the Tennessee Baccalaureate Education System Trust (BEST) to establish an incentive plan to encourage citizens to participate in any 529 college savings program that the Board has contracted with to assist in these efforts.  The proposal, Senate Bill 1142, also sponsored by Gresham, helps citizens take advantage of the incentive plans, grants and scholarships that could be available to them through individual savings accounts established by or on behalf of residents through BEST.

Hospitals -- Members of the Senate Finance Committee voted this week to approve a plan to help hospitals avoid almost $659 million in cuts proposed in Governor Phil Bredesen’s 2010-2011 budget.   Hospitals have asked the General Assembly to assess a coverage assessment on them in order to raise $230 million.  Money raised would be used to draw down $430 million in federal funds available through a temporary Medicaid match program.  Language in the legislation, Senate Bill 3528 sponsored by Senator Doug Overbey (R-Maryville), also ensures that any assessment would not be passed along to patients.  In addition, hospitals have negotiated, contracted rates with payers that would prevent them from passing the fee on to patients.   

Report / Coal ash storage -- A resolution calling for the Tennessee Department of Environment and Conservation to file an annual report regarding TVA’s progress in transition to dry coal ash storage at coal plants in Tennessee has received approval on final consideration in the State Senate.  The measure, Senate Joint Resolution 784 sponsored by Senator Tim Burchett (R-Knoxville), specifies that the report should also contain information known to the department arising from the continued environmental restoration activities at the Kingston power plant and the affected lands and rivers, and the department's records arising from solid waste, air quality, and water pollution control or other permitting of TVA facilities and facilities which are used for the disposition or storage of coal ash produced from TVA power plants.  The Roane County coal ash spill released more than 5.4 million cubic yards of ash into the river from an on-site lagoon, also referred to as a holding pond, at the Kingston Fossil Plant.  Fly ash is a fine, glass-like powder recovered from gases created by coal-fired electric power generation.

Child Abductions -- Lawmakers gave final approval to legislation sponsored by Speaker Pro Tempore Jamie Woodson (R-Knoxville) that aims to reduce the risk of child abduction in Tennessee.  The bill, Senate Bill 3065, would provide courts with guidelines to follow regarding potential child abductions and to provide courts with appropriate measures to prevent these crimes. 

Education / MRSA – The General Assembly has approved Senate Bill 3828 sponsored by Senator Diane Black (R-Gallatin) to provide more information to schools regarding MRSA, a potentially deadly staff infection.  The bill requires the Department of Health to issue an advisory to K-12 schools and early education centers to explain the medical condition and give them guidance on steps they can take to protect their students.  The legislation comes from a case in Sumner County where an 11-year old girl died from the condition, pointing to the need for additional information on MRSA in schools.

Medal Program – The full Senate approved Senate Bill 2488 sponsored by Lt. Governor Ron Ramsey (R-Blountville) that would create the Veterans' Honor Medal program to recognize and honor distinguished service by Tennessee veterans.  The Department of Veterans’ Affairs, under the bill, would commission the design of a medal for the program.

Teacher appreciation -- State Senators gave final approval to a resolution expressing support for Tennessee teachers and acknowledging the role they play in the future of the state.  Senate Joint Resolution 798, sponsored by Senator Dolores Gresham (R-Somerville), also recognizes the challenges before teachers as a result of the Race to the Top Act, as well as the commitment it will take on the part of parents and students to make strides in improving education attainment in Tennessee.

Mammograms -- Senator Mae Beavers (R-Mt. Juliet) pushed passage of Senate Joint Resolution 890 through the full Senate this week encouraging women to consult with their doctors and organizations such as the American Cancer Society when choosing to have annual mammograms.  Beavers, a breast cancer survivor, credits screening and early intervention as a reason for her success in defeating the disease.  The resolution takes issue with the U.S. Department of Health and Human Services’ new guidelines increasing the age for baseline mammograms to age 50, and changing the recommendation for annual screenings to having the exams every other year.  The resolution instead urges Tennessee women to use the American Cancer Society’s recommended standard for annual screenings beginning at age 40.

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

 (NASHVILLE, TN), April 8, 2010  -- Senate Committees approved several important bills this week as they prepare to close for the 2010 legislative session.  The focus will shift next week to the state budget as the State Legislature plans to conclude the 106th General Assembly within three to four weeks.

Among legislation approved this week were two resolutions designed to fight back against the overreach of power from Congress, which includes the passage of the massive federal healthcare bill last month.  Senate Joint Resolution 897, sponsored by Lt. Governor Ron Ramsey (R-Blountville) and approved by the Senate Judiciary Committee, urges Tennessee’s Attorney General to join a growing number of other states in challenging the unconstitutional provisions in the federal government takeover of the nation’s health care system.  The resolution states the General Assembly shares the concern with these other states that mandated insurance coverage for citizens within their boundaries violates the Commerce Clause and the Tenth Amendment of the U.S. Constitution.

Lt. Governor Ron Ramsey asked Tennessee Attorney General Robert Cooper to make preparations for protective legal action last December after the federal bill was approved by the U.S. Senate.   He has continued to call upon the Attorney General to join other states in their efforts to oppose the unconstitutional provisions of the measure since the final passage by the U.S. House of Representatives on March 21.

“Eighteen states – over one-third of the United States - are pushing back on this unconstitutional federal healthcare mandate,” said Lt. Governor Ramsey.  “Not only is it unconstitutional, it will destroy state budgets across the nation.  It is time for Tennessee to join other states in saying ‘no’ to this budget-busting disaster.  We can’t print money like they do in Washington, D.C.  We have to live within our means.”

“Congress has attempted to justify its power to adopt the national healthcare law through the Commerce Clause of the U. S. Constitution,” said Senator Mike Faulk (R- Church Hill).  “As I understand our national healthcare regulations, today, we can’t buy healthcare insurance from outside Tennessee.  There is nothing sold across state lines now.  What Congress seems to be saying is the power to regulate commerce across state lines includes the power to regulate commerce within a state.  I don't think that's what the Commerce Clause of the Constitution says and I'm convinced it's not what the founding fathers meant.”

Similarly, the Senate State and Local Government Committee and the full Senate approved Senate Joint Resolution 715, which asks Congress to submit to the states for ratification an amendment to stop the practice of passing unfunded mandates and programs to the states, except in a situation of financial emergency as declared by a two-thirds vote of their membership. 

“The most recent act by Congress on healthcare could cost the state as much as $200 million annually,” said Senator McNally, who is Chairman of the Senate Finance Committee.  “This is at a time when we are already struggling.  Also, one other part of that bill, which the state’s insurance plan is reviewing, is how much it would cost in additional insurance premiums, so we expect that the cost will increase.”
 
The proposed amendment would prohibit the federal government from authorizing state participation in federal programs or services unless funding is guaranteed by the federal government for the full duration of the programs or services. If federal funds are not appropriated for the program or service, the law enacted or regulation promulgated would become null and void. 

Senate Judiciary Committee approves Resolution to let citizens decide whether the state’s Attorney General should be elected

The Senate Judiciary Committee has approved a resolution sponsored by Senator Mae Beavers (R-Mt. Juliet), calling for an elected State Attorney General (AG).  The resolution, Senate Joint Resolution 698, would amend the state’s Constitution to allow a popular election every four years. 

“Tennessee is the only state in the nation that allows the State Supreme Court to select the attorney general,” said Senator Beavers, who is Chairman of the Judiciary Committee.  “Forty-three states already select their attorney generals through popular election and it is time for this General Assembly to also show their confidence in the collective wisdom of the people of Tennessee.”

In six other states, the Attorney General is selected by either the popularly elected Governor or the popularly elected state legislature.  Beavers said that when Tennessee’s Constitution was written calling for nomination by the Supreme Court Justices, the court was popularly elected. 

 “Tennessee is the only state in the nation in which the people have neither a direct nor indirect voice in the selection of their Attorney General,” Beavers added.  “Someone has to be accountable to the people, and yesterday’s AG opinion on the Health Freedom Act shows once again, the importance of having an Attorney General who represents the will of the people of this state.”

The amendment process would require approval by both the 106th General Assembly currently in session and the 107th, which will take office in 2011.  If approved, the question would then go to voters in a statewide referendum in the year 2014.

 “Along with the overwhelming majority of Tennesseans and 96% of the rest of this nation, I feel that the citizens of this state ought to have a ‘say so’ in the highest legal office in Tennessee,” she concluded.

Legislation aims to reduce risk of child abduction

The Senate Judiciary Committee has approved legislation, sponsored by Speaker Pro Tempore Jamie Woodson (R-Knoxville), that aims to reduce the risk of child abduction in Tennessee.  The bill, Senate Bill 3065, would provide courts with guidelines to follow regarding potential child abductions and to provide courts with appropriate measures to prevent these crimes. 
“Child abduction is a serious problem,” said Speaker Woodson.  “In 2002, over 260,000 children were abducted.  Certainly, having open communications between courts and a clear set of guidelines will be very helpful to our Tennessee courts in reducing these terrible crimes." 
According to the National Center for Missing and Exploited Children, 78% of these children were abducted by a family member.  The Center claims families going through custody disputes and divorce proceedings are the highest risk group for potential abduction.
The legislation would provide judges with information about abduction risk factors so that they can place appropriate restrictions to prevent abductions.  Among factors included are whether the respondent has previously abducted or attempted to abduct the child; has threatened to abduct the child; has engaged in domestic violence; has refused to follow a child-custody determination; has strong family or cultural ties to another state or country; or other related factors.  Using these guidelines the court must determine that there is a credible risk of child abduction, and then the court may consider preventative measures.
“There are a wide variety of factors that will be considered by the court,” added Woodson.  “ While courts currently have discretion to take many of these steps, some courts are not particularly familiar with the wide variety of both domestic and international abduction signs.  This bill lays out a list of factors that should be considered to determine whether there is a credible risk that a child will be abducted in order to reduce this crime on the front end before great emotional or physical harm occurs to the child.”
In Brief…

Unemployment -- Tennessee's seasonally adjusted unemployment rate for February 2010 was 10.7 percent, unchanged from the January rate of 10.7 percent according to newly released statistics. The United States unemployment rate for the month of February was 9.7 percent.  County non-seasonally adjusted unemployment rates for February 2010 show that the rate decreased in 78 counties, increased in 10 counties and remained the same in seven counties.

Voter Registration --  The Senate State and Local Government Committee has approved Senate Bill 194, which would require voter registration forms to carry a disclaimer that clarifies giving false information to register to vote carries a criminal penalty.  The legislation, sponsored by Senator Dewayne Bunch (R-Cleveland), also requires that the applicant affirm that they are lawfully in the United States.

Veterans / State Parks – The full Senate has passed legislation to instruct the Division of Parks and Recreation to designate one day per year during which access to and use of all state parks would be free of charge for all veterans.  The bill, Senate Bill 3212, includes use of campgrounds, and golf courses, as long as the veteran shows proof of their status.

Manhattan Project  Historical Site / Oak Ridge -- The full Senate voted this week to urge Congress to include Oak Ridge in any new national park unit being considered in conjunction with the Manhattan Project Sites. The proposal, Senate Joint Resolution 761, is sponsored by Senator Randy McNally.  The National Park Service recently proposed a Manhattan Project National Historical Park at Los Alamos, New Mexico, even though more than 60% of the Manhattan Project budget was spent at Oak Ridge. Currently, there are no national parks that preserve Manhattan Project resources or tell the story of the top-secret World War II project that created the world’s first atomic bombs.  

Finance Group upgrades state’s credit rating -- Tennessee’s credit rating has been upgraded by Fitch Ratings from a AA to a AAA rating, according to Senate Finance Committee Chairman Randy McNally (R-Oak Ridge).  Fitch is a leading global rating agency which provides the world's credit markets with independent credit opinions.  Fitch, together with Moody’s and Standard and Poor’s, are the three nationally recognized statistical rating organizations designated by the U.S. Securities and Exchange Commission. 

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    (NASHVILLE, TN), March 4, 2010 -- The State Senate continued to spend the majority of its time this week hearing budget proposals from various agencies and departments of state government, amid news that Tennessee continues to fall short of budget projections for the current fiscal year.  Budget Director Bill Bradley of the Department of Finance and Administration told Senate Finance Committee members on Tuesday that February revenues were worse than expected and that the administration will likely bring recommendations for further reductions in the budget presented to the General Assembly on February 1.

     The budget proposal assumed the state would fall $153 million short of the budgeted tax estimates in the general fund for the current 2009-2010 fiscal year.  As of January, the state was already under collected by $152 million.  There was also an assumption that the budget collections would improve in the second half of the fiscal year, which began on January 1. 

     “I would certainly think that the collections when we close for February are likely to be worse than we had hoped for,” said Bradley.  “I think there is a good prospect that we may have to lower our revenue estimates some more.  I would think there is the prospect that we would have to bring you some recommendations on further reductions but I can’t be very precise at this point.”

     "We have long advocated adoption of a reality-based budget,” said Senate Majority Leader Mark Norris (R-Collierville).  “Now, the reality is setting in, and timely adjustments must be made. To do otherwise merely builds a house of cards."  

     Reductions would not only effect this year’s budget, but have a ripple effect to lower the recurring base for the 2010-2011 fiscal year, meaning further reductions for the upcoming budget year.  Bradley said the shortfall is also likely to alter the state funding board projections.  Among other duties, the Funding Board is responsible for providing the Governor and the General Assembly estimates of state revenue for the current and upcoming fiscal year.  The governor’s budget proposal is crafted from the high end of the revenue figures adopted by the Funding Board at the 1.9 percent growth rate.  The Board is scheduled to meet on March 31. 

         "We continue to see unstable revenue collections," said Senate Finance Committee Chairman Randy McNally (R-Oak Ridge).  "Due to this fact, we need to be cautious in the use of our reserves."'

          Clawback payments -- On a more positive note, officials from the Bureau of TennCare told lawmakers this week that the Centers of Medicare and Medicaid Services have announced that Tennessee could keep approximately $120 million of the “clawback payments” associated with prescription drug coverage. The change will help soften the blow of Governor Phil Bredesen’s proposed $200 million in reductions from TennCare.

     Some Tennesseans who are Medicaid-waiver enrollees are also enrolled in Medicare. The federal government requires the state to contribute some of its TennCare funds in lieu of paying twice for the benefits that both programs cover, called “clawback payments.” Temporarily, the federal government will be forgiving those payments, thus saving the $120 million.

     Tennessee joined several other states in asking the federal government to suspend
the payments, because the federal stimulus aid for Medicaid meant the state
would have paid less for prescription drugs in the next two budgets.  The Centers for Medicare & Medicaid Services recently agreed, leading them to temporarily suspend the payments.

     Transportation funds -- Budget hearings in the Senate Transportation Committee included testimony this week showing the federal government has rescinded $686 million in Tennessee’s highway funding since 2005 and officials expect another $80 million to be rescinded in the upcoming budget year.  The funds were part of the Safe, Accountable, Flexible, Efficient Transportation Equity Act (SAFETEA-LU) which is the federal government’s surface transportation program for the states’ highway, highway safety and transit needs.

     “When they took away our planned expenditures, we now have zero flexibility,” said Tennessee Department of Transportation (TDOT) Chief Engineer Paul Degges.  “As of September 30, 2009, we have spent every single available dollar of apportionment in our regular work program.”
  
     “Additionally, there were funds in the recision that were actual cash taken from us,” Degges added.  “The discussion you hear in Washington is that really doesn’t effect the states, but I will tell you that is one hundred percent wrong.  It has a direct impact on projects that we have currently under design and development and so the recision has taken away our ability to deliver projects in the state of Tennessee.”

     SAFETEA-LU expired on September 30 and Congress has failed to pass new legislation, opting to patch through a series of continuing resolutions which do not give states and local governments the ability to plan for needed road projects.  States and local governments across the nation maintain a long-term authorization bill is needed to provide the financial stability and funding predictability that is necessary for transit systems and businesses to plan for the future and develop major capital projects.  Most states prefer a multi-modal, multi-year transportation authorization bill that focuses on all modes of travel to improve the nation’s transportation infrastructure, which will in turn, creates new jobs. 

     “A sound transportation system is vital to creating jobs,” said Senate Majority Leader Mark Norris (R-Collierville).   States must have a stable source of funding transportation needs to plan our budget, rather than the multiple month-to-month extensions or short-term approaches.  This is vitally important since most states, like Tennessee, require balanced budgets.  Unlike Congress, Tennessee must be fiscally responsible instead of mounting trillions in debt.”

     The Tennessee General Assembly didn't authorize all the transportation bonds the governor asked for in his budget due to the uncertainty of this Fund under an amendment that was placed on the bill by Senate Republicans.  This has proved to be a fiscally prudent action since the federal funds needed to pay interest on these bonds may not be available.  Last year, Governor Bredesen had requested authority for about $340 million in bonded indebtedness.  Under the Senate Republican amendment, the state took a year-to-year approach to make sure that federal funds are available to pay for the bonds.

Tennessee chosen as finalist in 1st round of Race to the Top Funds

       Tennessee is one of 16 states that were chosen as first round finalists for “Race for the Top” funds.  Forty states and the District of Columbia submitted applications in January to compete in the program, which will provide $4.35 billion to qualifying states.  The announcement was made in Washington DC on Thursday by U.S. Secretary of Education Arne Duncan.

    The premise is to reward states that show the greatest willingness to push innovative ideas to improve student achievement through greater testing standards, improved data collection and better teacher training.  In January, the General Assembly passed legislation in a Special Session on Education designed to put Tennessee in position to be a leader in the Race to the Top competition.  That action could help the state secure up to $500 million in federal funds for education in Tennessee. 

     “I am very pleased we have been chosen as a finalist,” said Senate Education Chairman Dolores Gresham (R-Somerville).  “This demonstrates our state's commitment to provide our students with the kinds of skills they need to succeed.  The reforms passed by the legislature in January will help Tennessee students across the state receive many more opportunities to succeed and improve their quality of life.”

     “This announcement is great news for Tennessee and further recognition that the state is taking bold steps to improve our education system,” said Speaker Pro Tempore Jamie Woodson (R-Knoxville).  “The significant, bipartisan reform efforts we have taken over the last few years have put Tennessee in an excellent position to make the final round of the Race to the Top.”

     Chairman Gresham and Speaker Pro Tempore Woodson were members of the State Collaborative on Education (SCORE) which helped guide the legislation approved to compete in the program.

     In the next step of the competition, Tennessee will send a team of up to five people to make a presentation to defend the state’s applications to the Department of Education later this month.  A panel of outside judges is assisting the U.S. Department of Education in choosing the winners.  First round winners will be announced in early April, while second round winners will be revealed in early September.

Senate General Welfare, Health and Human Services Committee approves legislation calling for state to acknowledge birth of a stillborn infant with birth certificate

     The Senate General Welfare, Health and Human Services Committee approved legislation this week calling for the state to acknowledge the birth of a stillborn infant by issuing a birth certificate if the parents request one.  The action followed testimony from parents of a stillborn infant who talked to committee members about the need for the state’s recognition that their baby had been born. 

     “This is to acknowledge for basically psychological reasons, you know, and grieving and that sort of thing,” said Beth Barnett of Cordova.  “But it’s also like a kick from the state when you find out you’re going to walk out of the hospital with almost nothing; and then you find out that the state doesn’t even recognize that you even gave birth, period.”

     Barnett said present law calls for a birth certificate if the infant lives for at least one minute.  If they do not, there is only a fetal death report which is for research gathering purposes.  The legislation, SB 3189, calls for issuance of a birth certificate, upon the request of parents for stillborn infants if they are 20 weeks or more gestation or 350 grams.

     “This legislation is a step in recognizing that there was a significant event in the lives of these parents and acknowledges that an infant was stillborn,” said Senator Brian Kelsey (R-Germantown) who sponsored the bill.  “I am very pleased that this legislation was overwhelmingly approved by committee members.”
Bill addresses responsible sale of beer at drive-through establishments

     Legislation was approved in the Senate State and Local Government Committee this week that requires anyone selling beer through a drive-through window, curb service or  drive-through to be certified under Tennessee’s responsible vendor law.  The move aims to assure that clerks selling alcohol would be trained to identify fake or altered identification to prevent under-age sales or to recognize the effects of alcohol to prevent drunk driving. 

     “Drive-up windows are a problem,” said Senator Mike Faulk (R-Church Hill), sponsor of the bill.  “A clerk is removed from a purchaser.   They can't smell their breath, it's harder to see their eyes, and you can't tell how they are walking.”

     The responsible vendor act, approved in 2006, requires clerks to attend a certified training course within 61 days of employment, with a follow up renewal each year.  It is currently a volunteer program with 459 participants.  The program has helped to reduce the sale of beer to minors in Tennessee by 30 percent, according to Danielle Elks, Director of the Alcoholic Beverages Commission.

Tennessee Senate Republican Caucus unveils newly redesigned website

     The Tennessee Senate Republican Caucus this week unveiled a newly redesigned website to keep citizens more up-to-date, including a variety of social media. The new website features the latest breaking news on Capitol Hill, as well as giving citizens the opportunity to sign up for Caucus updates through email, Facebook and Twitter. 
     “Over the last few months, the Senate Republican Caucus has upgraded through technology which allows better communication between citizens and their Republican State Senators in Nashville,” said Senate Majority Leader Mark Norris (R-Collierville).  “This improves public access to information and news on Capitol Hill in a convenient and user-friendly format.”
     “Tennesseans can use the Senate Republican Website to find contact information for their State Senator, sign up to receive newsletters and connect with their legislators,” added Senate Republican Chairman Diane Black (R-Gallatin.  “We look forward to hearing from citizens to gain their input on the issues we face.”

     The public can access the website at www.tnsenate.com.

Bill calls for collaboration to help curb the number of children submitted to state custody

     The Senate General Welfare, Health and Human Services Committee has approved legislation to help Tennessee get a handle on counties that were committing kids into state custody at a rate three times higher than the statewide average.  Children come into state custody for a wide variety of reasons, including delinquency, abandonment, and lack of basic needs, to name a few.  The legislation strengthens the collaborative planning process put into place last year to help families stay together, but repeals the cost-sharing provision with counties that costs counties $3.5 million last year.

     The state and counties have been working closely over the past several months with county courts to examine issues that can lead to higher commitment rates.  This bill deletes the cost sharing provision for counties which exceed 300 percent of the statewide average; permits the state to initiative a collaborative planning process with counties nearing 200 percent of that average; requires regular progress reports on this process; and, encourages continuation of proactive communication between the Department of Children’s Services and county courts.

     “Research shows that children are much better off if they can remain in their homes, provided that home is a safe place,” said Senator Diane Black (R-Gallatin), sponsor of the bill.  “This collaboration helps counties to work with the Department of Children’s Services to assure appropriate efforts are made before children are taken into state custody.  It also gives counties relief by deleting the cost sharing provision for counties that exceed the limit.”

Issues in Brief

  York Institute -- The Senate Education Committee voted this week to restore state funding for York Institute, a 700-student high school located in Fentress County.  The action came after Senator Ken Yager (R-Harriman), who represents Fentress County in the State Senate, urged committee members to keep the commitment made 85 years ago to World War I hero Sargent Alvin York to fund the school he struggled to build.  The York Institute funding was cut by Governor Phil Bredesen’s 2010-2011 budget, which was presented to the General Assembly on February 1. 

    Teacher Code of Ethics – Legislation was approved by the State Senate on Wednesday to place a specific code of ethics for all K-12 public education teachers into law.  The code mirrors current law, but deletes language which refers to the Tennessee Education Association's code of ethics. The bill, Senate Bill 2416, is sponsored by Senator Dolores Gresham (R-Somerville).

     Inmate relations coordinators -- The State Senate has given final approval to Senate Bill 565 sponsored by Senator Ken Yager (R-Harriman) to give inmate relations coordinators the same gun carrying privileges as correctional and certain other law enforcement officers have under Tennessee law.  The bill came to the legislature after the Attorney General issued an opinion that inmate relations coordinators were not covered under the same law that provides the right to carry firearms to these correctional officers due to an ambiguity in the law.
 
     Private higher education institutions -- The full Senate has approved a bill authorizing any private non-profit college or university that is chartered in Tennessee to purchase and contract for the purchase of any materials, supplies, and equipment through the Department of General Services in the same manner as all departments, institutions, and agencies of state government.  The measure, Senate Bill 3512 sponsored by Senator Ken Yager (R-Harriman), gives the 35 non-profit higher education schools serving 39,000 Tennessee students the use of the state purchasing plan to help them realize savings. 

     Motorcycle Lemon Law – Legislation to add motorcycles to Tennessee’s “lemon law” regarding warranty protections is headed to the governor for his signature after passage in the House of Representatives.  The Senate passed the bill last week which requires motor vehicle manufacturers, or their authorized agent or dealers, to repair new vehicles that are under warranty and replace or accept the return of them if they cannot be repaired after a reasonable number of attempts.  The bill, Senate Bill 2649, is sponsored by Senator Tim Burchett (R-Knoxville).

     Troops / Voting – Another bill on its way to the governor for his signature makes it easier for troops who are deployed overseas to vote received final approval in the State Senate this week. The bill, Senate Bill 2681 sponsored by Senator Bill Ketron (R-Murfreesboro), authorizes a county Election Commission to e-mail a ballot to each member of the armed forces, as well as citizens temporarily outside the United States, who are entitled to vote and who have submitted a valid application for a ballot.  The move would expedite the process so voters would have more time to make a decision and return their ballot so they will be counted. According to the Pew Center on the States, about half of overseas voters fail to vote or to have their votes counted because of current voting rules. 

    Eliminating government duplication -- The full Senate has approved a bill to eliminate the General Assembly’s Education Oversight Committee, a duplication of the efforts of the House and Senate Education Committees.  Passage of the bill, Senate Bill 2408 sponsored by Senator Dolores Gresham (R-Somerville), would save the state $28,300 in travel and per diem costs.  The Committee was created to oversee implementation of the Master Teacher Program, which has since been phased out.

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

     (NASHVILLE, TN), February 25, 2010  -- The pace quickened on Capitol Hill this week as committees considered a wide variety of bills and continued to review budget requests from departments and agencies of state governments.  Among bills considered was one debated in the Senate Judiciary Committee that would require extreme drunk drivers to install an ignition interlock device.  The proposal would apply to persons arrested with blood alcohol content (BAC) level of .15 or more, a level which is 385 times more likely to cause a crash. 

     Interlock devices are small pieces of equipment attached to the steering wheel of a car with a tube that the driver must breathe into in order to allow ignition to start.  The current alcohol ignition interlock technology makes it easier for courts to require drunk drivers to utilize the device. 

     “This bill aims squarely at those who drink, drive and kill,” said Senate Judiciary Chairman Mae Beavers (R-Mt. Juliet), who is sponsor of the bill.  “The record is clear that ignition interlock devices save lives.”

     According to the Department of Safety, 3877 restricted driver’s licenses were issued to people with DUI convictions in 2008, of which 1,163 were to offenders having a BAC level of .15 or higher.  The bill aims to strengthen Tennessee’s law against DUI offenders who register high levels of alcohol upon arrest.  State law already requires persons who are convicted and have a prior conviction within the past five years to install an interlock device for a six month period at their own expense. 

     As of January, 2,743 Tennessee driver’s license holders had an interlock restriction, while 580 license holders had an interlock device installed. Eight other states already have laws that require DUI offenders to install interlock devices if they register .15 or higher.

     The National Transportation Safety Board has urged Tennessee to pass a more uniform and mandatory system for installation of interlock devices for those convicted of drunk driving.  Action on the bill, Senate Bill 2965, was deferred until next week.

Government Operations Committee reviews objectives to loosen grip of special interest groups and lobbyists on state’s boards and commissions

     The Senate Government Operations Committee is currently considering action to loosen the grip of special interest groups and lobbyists over the various boards and commissions in Tennessee as they are reviewed by the panel in their normal sunset review process.  Committee Chairman Bo Watson (R-Chattanooga) is among several members on the committee that have serious concerns about repeated language in Tennessee law that requires appointing authorities to select a candidate from special interest organizations. 

     The governor, lieutenant governor, and speaker of the house are most commonly responsible for naming those who serve on the approximately 250 boards and commissions currently in operation in the state.  The boards cover a wide variety of matters and involve oversight for various professions in the state from real estate and health care to athletic training and funeral homes.  Special interest groups over the years have lobbied to make sure that their organizations are included in the language of the law by requiring that appointments are made from members of their group.

     “Many of us have been amazed at the fact that qualifications take a back seat under present law to being a dues paying member of a special interest organization in order to be appointed to a board or commission in Tennessee,” said Chairman Watson.  “It leaves many qualified citizens out of consideration.  Being active in an organization could be helpful as part of qualification factors, but without a compelling reason why an appointment should be required to be from members of a particular special interest organization, the appointing authority should be able to choose any citizen who is qualified.”

      “Qualifications are very important and no one wants to eliminate that,” added Senator Dewayne Bunch (R-Cleveland).  “There are a lot of qualified citizens that can serve on these boards and do the same things that are currently being done who do not belong to special interest groups.  Our citizens should have equal opportunity and equal footing as special interest groups and lobbyists.” 

     “There is a tremendous amount of inconsistency on our boards and commissions,” added Senator Jack Johnson (R-Franklin) in speaking about the various state laws regarding appointments.  “Some require specific organizations, while others just ask for recommendations from a particular group.”

     Watson said the Government Operations Committee is considering two other objectives in deliberations regarding board and commission members’ appointments, besides removing the special interest designation.  One would require board members to be Tennessee citizens, while the other would better define a conflict of interest exclusion, including a one-year buffer period before lobbyists can be on a board if they have represented clients within that profession or subject matter.

     “The person left out of the room when the law requires selection from a special interest group, is the average citizen,” said Senator Brian Kelsey (R-Memphis).  “We must do everything we can to protect all Tennesseans.”

      “These objectives will result in a fundamental change that will loosen the grip of special interests and lobbyists on our boards,” Watson added.  “This will also strengthen the public’s faith in state government.”  

Tennessee working hard to create jobs in challenging economic climate

     Officials from the state’s Department of Economic and Community Development told Senate Commerce Committee members this week that Tennessee is working hard in a challenging economic climate to create new jobs.  The Department came before the committee for consideration of its budget request, which includes expansion of an innovative new program sponsored by Republicans last session called TNInvestco.

          Two key components of fostering higher-paying jobs to recruit new industries is developing a highly skilled work force and investing in new infrastructure.   In the midst of the worst recession and highest unemployment rate in recent history, the state has brought in $6 billion in new capital investment in fiscal year 2008-09.  This includes the location of two major plants, Volkswagen in Chattanooga and Hemlock in Clarksville.  

     Recruitment of major new industries is a primary objective of the Department.  However, approximately 84 percent of Tennessee companies are small businesses, generating $23 billion in annual personal income.  According to Senate Commerce Committee Chairman Jack Johnson (R-Franklin), this fact shows the importance of creating a good business climate for small companies and means lawmakers must be vigilant to resist efforts to erode that status by increasing taxes or implementing new “job killer” mandates.
 
     “We are pro-growth and pro-business and we must work to keep it that way,” said Johnson.   “Our overall statewide business climate is hospitable for businesses of almost any size or type.  However, the threat of erosion of our business friendly climate is real.  We must strive to keep our taxes as low as possible and our business climate friendly, so we can compete in a 21st Century economy where there is much competition and many challenges, especially during an economic downturn.”

     The editors of Site Selection magazine, one of the nation’s premier economic development publications, have ranked Tennessee among the five best states in the U.S. for best business climate.  This is in addition to being named one of the best states for jobs and business growth.  This is mainly due to the fact Tennessee is a right to work state, lacks a personal income tax, has comparatively low business tax rates, and the natural advantages of a good location. 
 
     Tennessee is also one of the top three states in the U.S. for clean energy jobs according to the Pew Center for the States.  Recent legislation passed by the General Assembly has raised the state’s profile in sustainable energy.

     On TNInvestco, Economic and Community Development Commissioner Matt Kisber said the program is now looked at as model legislation for other states.  TNInvestco helps to make investment capital available to small, medium and start up businesses in Tennessee.   The goal is to develop Tennessee’s entrepreneurial infrastructure, to bring additional capital into the state, to diversify the state’s economy and to create “anchors” or “clusters” of business innovation which can result in new companies being created in Tennessee.  Expansion of the program would allow the state to include two more firms, currently listed as alternates, to provide investment potential to more Tennessee businesses which qualify.

     “The state’s economic downturn and the rise in unemployment provide legislators with serious financial challenges, but job creation is a top priority as we look toward economic recovery,” said Senator Doug Overbey (R-Maryville), sponsor of the TNInvestco legislation.  Small businesses provide 67 percent of first jobs and produce 55 percent of innovations.  This legislation helps us to tap into this vast potential to encourage job growth in the state.” 

Two Environmental Resolutions are Approved

     Two environmental resolutions were approved this week, including one calling for a report on the progress of TVA to comply with the federal Information Management System (NIMS), which directs emergency preparedness and response in accordance to guidelines established by the Department of Homeland Security.  The resolution comes after a report released by the Tennessee Department of Environment and Conservation noted the TVA Inspector General said the agency had not complied with NIMS and that emergency planning and preparedness are critical aspects for the safe management and operation of coal-fired plants operating in the state.

     Tennessee has six other coal-fired plants with wet coal ash storage, besides the Kingston plant where the December 2008 spill resulted in one of the worst man-caused ecological disasters in state history.  The resolution, Senate Resolution 784, calls for a report on TVA’s progress to implement emergency preparedness, including a risk assessment of all TVA-owned and operated facilities in Tennessee.  It also called for the annual reporting of TVA’s progress to transition to dry coal ash storage at each of its coal plants in the state.

     “It is outrageous to think that the appropriate action was not taken to respond to this disaster adequately,” said Senator Tim Burchett (R-Knoxville), sponsor of the resolution.  “Hopefully, we can avert any similar lack of preparedness in other facilities.”

     The second resolution, Senate Resolution 176 sponsored by Conservation and Environment Chairman Steve Southerland (R-Morristown), urges Congress to provide states with the greatest authority possible to manage solid waste.  Authorization would include allowing states to restrict the importing and exporting of waste, including imposing differential fees. 

Issues in Brief

     Online Driver Safety Class – The Senate and House have approved and sent to the governor legislation that would allow senior drivers in the state to take an online driving course in order to receive a discount on their automobile insurance premiums.  The bill, Senate Bill 2570 sponsored by Senator Mike Faulk (R-Church Hill), would allow the discount to citizens over 55 years of age if they complete an online driver safety course approved by the State Department of Safety.  Currently, only seniors who take courses in a classroom are eligible to receive the discounts.

     Snow Days – School superintendents would have more flexibility in making up missed days due to snow or other weather-related problems under legislation that was approved by the full Senate this week.  The bill, Senate Bill 3031 sponsored by Senator Mike Faulk (R-Church Hill), authorizes the Commissioner of Education to approve directly proportional variations from half-hour extension of the school days and the corresponding accumulation of 13 days of adjustments to the instructional time requirements.  Currently, schools that exceed the mandatory six and one-half hours of daily instructional time by one-half hour daily are credited with additional instruction time, not to exceed 13 instructional days each year. 

     Motorcycle Lemon Law – The full Senate has approved legislation this week to add motorcycles to Tennessee’s “lemon law” regarding warranty protections.  The lemon law requires that motor vehicle manufacturers, or their authorized agent or dealers, must repair new vehicles that are under warranty and replace or accept the return of them if they cannot be repaired after a reasonable number of attempts.  The bill, Senate Bill 2649, is sponsored by Senator Tim Burchett (R-Knoxville).

     Trust laws -- The State Senate has approved legislation to update and improve Tennessee’s trust laws to keep the state competitive as a prime location for investments.   The bill, Senate Bill 3522 sponsored by Senator Doug Overbey (R-Knoxville), improves Tennessee’s Uniform Principal and Income Act, the Uniform Trust Code, and the Investment Services Act by adding a number of statues to upgrade to improve the state’s trust laws.  It also creates a new type of trust in Tennessee called the unitrust.  The legislation employs the top features of trust laws in other states and best practices in trust administration to put Tennessee ahead of other states in desirability for trust administration.

     Troops / Voting -- Legislation making it easier for troops who are deployed overseas to vote received final approval in the State Senate this week. The bill, Senate Bill 2681 sponsored by Senator Bill Ketron (R-Murfreesboro), authorizes a county Election Commission to e-mail a ballot to each member of the armed forces, as well as citizens temporarily outside the United States, who are entitled to vote and who have submitted a valid application for a ballot.  The move would expedite the process so the voter would have more time to make a decision and return their ballot so they will be counted. According to the Pew Center on the States, about half of overseas voters fail to vote or to have their votes counted because of current voting rules. 

     Honoring fallen heroes – The State Senate took time this week to honor two fallen Tennessee heroes who lost their life this week in a helicopter accident in Iraq.  The soldiers, Capt. Marcus Ray Alford of Knoxville and Chief Warrant Officer Billie Jean Grinder of Gallatin,  were with Louisville's 1/230th Air Cavalry.  Public Chapter 169, sponsored by Senator Dolores Gresham (R-Somerville) and approved last year, requires that if members of the Tennessee National Guard die in the line of duty, the Governor shall proclaim a day or mourning in their honor and the names of the deceased members of the armed forces shall be recorded in the journal of the Senate and House of Representatives.  The new law also requires that flags be flown at half-mast to honor these soldiers who make the ultimate sacrifice for their state and country.

     Tennessee State Parks – Tennessee State Parks have a very significant impact on Tennessee’s economy and create thousands of jobs in many rural areas of the state where jobs are needed most according to officials of the Department of Environment and Conservation.  The officials, who testified before the Conservation and Environment Committee, do not anticipate the closing of any state parks this year despite budget cuts.  In 2008-2009, an estimated 16.9 million people visited Tennessee State Parks, resulting in $725.2 million in direct expenditures by State Park visitors.  For every dollar spent on trips to Tennessee State Parks, an additional $1.11 of economic activity is generated throughout the state for a total impact to the state’s economy of $1.5 billion.

     Theft of Information / BCBS – Legislators on the Senate State and Local Government Committee heard from Clay Phillips with Blue Cross – Blue Shield (BCBS) this week about the recent theft of information from that company’s hard drive.  BCBS is the insurance provider for many state and local government employees, as well as other Tennessee customers.  Phillips assured lawmakers that they are doing everything they can to mitigate the theft of 52 hard drives from their Customer Call Center, some of which contained personal identifying information.  BCBS is notifying those consumers affected with details of the hard drive theft and remediation services to mitigate the potential for misuse of information.

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

     (NASHVILLE, TN), February 18, 2010 – Legislation making it easier for troops who are deployed overseas to vote is advancing in the State Senate after approval by the State and Local Government Committee this week.  The bill, Senate Bill 2681, could be on the Senate floor for final consideration as early as Monday. ¬¬¬¬¬
 
     The bill authorizes a county Election Commission to e-mail a ballot to each member of the armed forces, as well as citizens temporarily outside the United States, who are entitled to vote and who have submitted a valid application for a ballot.  The move would expedite the process so the voter would have more time to make a decision and return their ballot on time. It will also require Tennessee to develop a database that voters overseas can use to see if their ballot has been received by their county election commission to help ensure that their votes are counted.

     The legislation helps the state comply with the federal Military and Overseas Voter Empowerment (MOVE) Act, which took effect in October.  That law requires the Department of the Army and Postal Service to expedite the return of ballots by using express mail, since they cannot be returned electronically due to election security concerns.  To assist soldiers and citizens who are living outside the U.S. for work, school or other reasons, the Federal Voting Assistance Program has set up a website where service members can access valuable information and documents to expedite the voting process.  
 
     According to the Pew Center on the States, about half of overseas voters fail to vote or to have their votes counted because of current voting rules.  Tennessee had approximately 18,686 overseas voters who participated in the November 2008 election.

      “It is outrageous to even think that only half the men and women who serve us ‘in harm’s way’ have their votes counted,” said Senate State and Local Government Committee Chairman Bill Ketron (R-Murfreesboro) who is prime sponsor of the bill.  “The biggest problem attributed to this is that service members’ ballots did not get back to the U.S. in time to be tallied. We need to do everything in our power to make it easier for our soldiers, who are defending our freedoms overseas, to have the opportunity to vote and to have that vote counted.  That is what this legislation would accomplish.”

     According to Tennessee Adjutant General Max Haston, 5,615 airmen and soldiers are deployed, including Tennessee’s 278th Armored Cavalry Regiment which deployed from Camp Shelby, Mississippi last week to Kuwait.  The Regiment will be stationed in Iraq.

Tennessee’s New Adjutant General testifies before Senate State and Local Government Committee

     Tennessee’s new Adjutant General Max Haston testified before the Senate State and Local Government Committee this week about his department’s budget request.  The State Senate will be reviewing the appropriations requests of every department and agency of state government through March 17 in preparation for passage of the 2010-2011 budget, which begins on July 1.  Haston was chosen to succeed former Adjutant General Gus Hargett, who retired in December.

     The Military Department has jurisdiction over the state’s Army National Guard and Tennessee Air National Guard.  The Governor asked the Military Department to cut nine  percent from their budget, which Haston said causes concerns in three areas:  the college tuition assistance program for members of the Air Guard, adequate response to a catastrophic event should one occur,  and keeping up with utility costs for the state’s armories. 

     Haston said the college tuition assistance is an important tool to continue to recruit soldiers into the Air Guard.  The federal government provides $3.7 million in tuition assistance to Army Guard members, but the Air Guard is subsidized by $751,789 in state funds to help about 220 recipients.  The Department recruited 233 airmen and soldier last year. 

     On the need to keep up with rising utility costs for the state’s armories, State and Local Government Chairman Bill Ketron appointed a subcommittee to look for ways to find funds to fill that need.  Federal funds used to assist the state’s Military Department for this purpose have dried up, leaving Tennessee without help to ‘keep the lights on’ in the 83 armories across the state.

     The Military Department also oversees operations for the Tennessee Emergency Management Agency, which is responsible for managing the state’s response to emergencies and disasters that affect the citizens of Tennessee.  Tennessee had four weather-related presidential declarations of disaster last year involving 20 counties, with $28.3 million in damages.   

Tennessee Senate approves Health Freedom Act to protect rights of citizens to choose whether or not to participate in any future federally mandated health care program

     The Tennessee Senate approved legislation this week by a vote of 26-1-5 to protect the freedom of Tennessee patients to make their own health care choices, regardless of any future federal action.  The bill, called the Tennessee Health Freedom Act is sponsored by Senator Mae Beavers (R-Mt. Juliet), Senator Jim Tracy (R-Shelbyville), Senator Dolores Gresham (R-Somerville), Senate Republican Caucus Chairman Diane Black (R-Gallatin), Senator Rusty Crowe (R-Johnson City), Senate Majority Leader Mark Norris (R-Collierville), Senator Jack Johnson (R-Franklin), Senator Bo Watson (R-Hixson) and Lt. Governor Ron Ramsey (R-Blountville). 

     “Never in our history has the U.S. government required its citizens, as a condition of residency, to purchase a particular product from a private company or government entity,” said Senator Beavers.  “This act seeks to protect the rights of Tennesseans to choose what type and quantity of health insurance to purchase.”
 
     Beavers said the legislation, Senate Bill 3498, would protect a citizen’s right to participate, or not participate, in any healthcare system, and would prohibit the federal government from imposing fines or penalties on that person’s decision.  She said it does not seek to “nullify” any federal law, as it would still allow individuals the option to participate in a federal program. However, the bill acknowledges the right of Tennesseans to refuse to participate in a government-run health insurance program.  It also calls on the state’s Attorney General to take action in the defense or prosecution of rights protected under the legislation.

      “The mandate to buy health insurance does not regulate the health care insurance markets -- it regulates the doing of nothing,” added Beavers.  “If Congress really had the power to regulate such an activity, there would be no limits to its power.  They could mandate the purchase of anything, yet the Supreme Court recently made it clear it will strike down federal statutes based on such an unlimited assertion of power.  It is not inconceivable if they can do this, they could mandate that each of us buy a Chevrolet every year so we can help pay off the loans that were made to that industry.” 

     Action on the bill will now move to the House of Representatives, where it is sponsored by Representative Beth Harwell (R-Nashville).

Judiciary Committee approves legislation to ensure law enforcement can prosecute sex offenders who use electronic communications to solicit minors/
Separate bill approved by full Senate aims to stop child pornography

     The Senate Judiciary Committee has approved legislation closing a loophole in state law that has allowed sexual predators to escape prosecution on a technicality.  The bill, sponsored by Senator Doug Overbey (R-Maryville) adds wording to Tennessee law to ensure that law enforcement posing as minors can be used to prosecute cases where sexual predators use electronic means to solicit those under the age of 18.

     “Law enforcement should have the ability to conduct an operation to catch sexual predators who prey on Tennessee children,” said Senator Overbey.  “This bill, Senate Bill 2721, closes the loophole in state law to ensure these predators are prosecuted regardless of the mode of communication they use to solicit a child.”

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

     “Our laws must keep up with the new technology used by sexual predators every day in America to victimize children,” added Overbey.  “This legislation closes the loophole so our law enforcement officers can successfully prosecute offenders of this terrible crime.”

     In separate action, the full Senate approved legislation sponsored by Senator Tim Burchett (R-Knoxville) aimed at preventing child pornography by adding unauthorized “covered file-sharing program” as an unfair or deceptive act under Tennessee’s Consumer Protection Act.  The practice, also known as Peer to Peer File Sharing (P2P) can be used for legitimate purposes, but is predominately used to illegally copy millions of copyrighted works and has served as a massive distribution system for pornography, including child pornography. 

     Last year, Congress passed legislation to require P2P programs to provide consumers with notice as to which of their files will be shared publicly and requiring the user to activate the function that would share their files.  However, it is the state’s responsibility to protect its consumers.  This legislation, Senate Bill 3407, amends Tennessee’s deceptive trade practices law so that the state will have the authority to take action to inform and protect citizens.  It would also alert the developers and distributors of file sharing programs that if they want to do business in Tennessee, consumers must be informed first.

Constitutional amendment prohibiting income tax and payroll tax advances

     A resolution advanced through the Senate Judiciary Committee this week calling for a constitutional amendment to clarify prohibition of an income tax and a payroll tax in Tennessee.  The amendment, Senate Joint Resolution 763, specifies that the legislature as well as Tennessee counties and cities shall be prohibited from passing either an income tax or a payroll tax, which is a tax on employers that is measured by the wages they pay their workers.  A payroll tax has been proposed in recent years by elected officials in Shelby County and elsewhere as a way around an income tax. 

     “I hope to clarify once and for all that Tennessee is an anti-income tax state,” said Senator Brian Kelsey (R-Germantown), prime sponsor of the bill.  “If this amendment passes, the people will be able to vote on the issue, and we will never have to face another income tax battle again.”

     There have been several cases before the Tennessee Supreme Court throughout the state’s history that have upheld that the income tax is unconstitutional.  The most recent case was decided in 1964, and this case has never been overturned.  However, elected officials in Tennessee have proposed both an income tax and a payroll tax in recent years.

     “In these difficult economic times, the last thing Tennesseans need to be worrying about is having to pay a state income tax or a payroll tax,” Kelsey continued.  “We have enough taxes already, and state government must learn to live within its means.”

     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 2011-2012.  After that the amendment would be placed on the next gubernatorial ballot for ratification by the people in November 2014.

     Co-sponsors of the bill are Senator Doug Jackson (D-Dickson), Senator Randy McNally (R-Oak Ridge), Senator Diane Black (R-Gallatin), Senator Mae Beavers (R-Mt. Juliet), Lt. Governor Ron Ramsey (R-Blountville), Senator Dolores Gresham (R-Somerville), Senator Dewayne Bunch (R-Cleveland), Senator Bill Ketron (R-Murfreesboro), Senator Mike Faulk (R-Church Hill), Senator Tim Burchett (R-Knoxville), Senator Steve Southerland (R-Morristown) and Senator Jim Tracy (R-Shelbyville).

TVA updates lawmakers on their efforts to clean up Coal Ash Spill in Kingston

     Officials from the Tennessee Valley Authority and the Tennessee Department of Environment and Conservation appeared before a joint meeting of the House and Senate Conservation and Environment Committees this week to update state lawmakers on their efforts to clean up the coal ash spill.  The December 22, 2008 coal ash spill released more than 5.4 million cubic yards of ash into the Emery River from an on-site lagoon, also referred to as a holding pond, at the Kingston Fossil Plant.  Fly ash is a fine, glass-like powder recovered from gases created by coal-fired electric power generation.   The ash contains arsenic, which means it must be treated as a “hazardous substance” as it is removed. 

     TVA General Manager Steve McCracken reported that their main goals are to restore services, stabilize and contain the spill, and to clean up the ash.   Approximately 15,000 yards are being cleaned up every day, with a priority on removal of the ash from the river.  Ash recovered is going to a landfill in Alabama, which has already received 2.5 million cubic yards from the Tennessee spill.  Approximately 1.4 million tons of ash have been removed by 149 trains, which must meet all the state and federal requirements for transferring hazardous materials. 

     McCracken said that another priority is monitoring the effects of the ash on humans and the environment.  Water and air samples are being monitored to make sure the public is safe.  Officials claim there are no air or water emissions that are affecting the health of anyone on or off the site and that the agency will continue to monitor the area after the cleanup.

     “Progress on the short-term goals is being made. TVA has done considerable work to clean up the actual spill,” said Senator Ken Yager (R-Harriman), who represents the area affected.  “However, there is still much work to be done to meet the long-term goals: economic reparations and assurance to our citizens that the air and water are clean.”

     Five other TVA plants in Tennessee also store coal ash.  These sites have been inspected since the Kingston spill, with more extensive work forthcoming.  TVA has paid $43 million to local communities in reparations for the damages incurred in the spill.  The total cleanup is estimated to cost up to $1.2 billion.

Issues in Brief

Small group cooperatives -- The full Senate gave final approval this week to legislation, Senate Bill 2836 sponsored by Senator Steve Southerland (R-Morristown), reducing the time in which participants must commit to purchasing coverage through small group health cooperatives from five to three years. The bill amends a law passed by the General Assembly in 2008 to provide more flexibility for small business owners who may choose to form these pools.  The time reduction still ensures pool stability, while working to attract more interest from small businesses and the insurance industry to participate in the cooperatives.

State’s financial institutions are sound – Tennessee’s state banking industry is “challenged but remains sound” according to state Commissioner of Financial Institutions Greg Gonzales.  The Commissioner appeared before the Senate Commerce Committee this week to present his department’s budget recommendations.  The Department regulates 12,000 institutions with 153 staff members.  Gonzales said non-bank mortgage institutions have declined by 50 percent since the recession began.  He said the state has still not experienced the issues that are seen in other states due to good management practices by banks in Tennessee.

Second Amendment Rights -- The full Senate has approved a bill that allows individuals without a handgun carry permit to transport an unloaded rifle or shotgun in a privately-owned motor vehicle.  The bill, Senate Bill 2390, would apply as long as the rifle or shotgun does not have ammunition in the chamber or cylinder, and no clip or magazine containing ammunition is inserted in the rifle or shotgun or is in close proximity to the weapon.  A separate bill, Senate Bill 842, was approved by the Senate Judiciary Committee that authorizes persons with a handgun carry permit to carry their gun while bow hunting during the archery-only deer season.

Recognizing victims of crime – Victims of crime were recognized under a resolution receiving approval in the State and Local Government Committee this week.  The resolution
acknowledges all of those who work to lessen the trauma of crime victims and assist in their personal recoveries including volunteers, law enforcement officers, prosecutors, victim service providers, corrections officers, parole and probation officers, counselors, physicians, and health care professionals.  Senate Joint Resolution 778 also expresses admiration and appreciation “for those victims and survivors of crime who have turned personal tragedy into a motivating force, not only to improve the rights and treatment of other victims of crime, but also to build a better, more just community.”

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

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

Two Reports released this week provide grim state economic forecast

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

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

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

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

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

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

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

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

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

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

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

Bill would strengthen Tennessee’s small group health cooperatives

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Bills in Brief

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

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

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

(NASHVILLE, TN),  February 4, 2010  -- The focus on Capitol Hill this week turned to the budget as Governor Phil Bredesen unveiled his proposal to fund state government for the 2010-2011 fiscal year that begins July 1.  The governor said the $28.42 billion plan was the most difficult budget he has faced as he laid out his recommendations to cut permanent funding for 1,363 filled jobs and eliminate 456 vacant positions.  In addition, the governor is asking the legislature to approve $71.7 million in tax and fee increases.

      “Unlike Congress, the Tennessee General Assembly is constitutionally bound to balance the budget and we are not going to do it on the backs of the taxpayers,” said Senate Republican Leader Mark Norris (R-Collierville).   “The legislature will closely examine the budget over the next two months as the various agencies and departments are called before Senate committees to further explain the details.  The weakened economy means lawmakers must be vigilant to make sure that taxpayer dollars are spent in the most efficient and effective manner.”

     Tennessee’s revenue collections have continued to underperform at unprecedented levels as the national economy has declined.  December tax collections represent the 19th consecutive month of negative sales tax growth. 

      Bredesen’s proposed budget would make $394.2 million in recurring reductions in state dollars for a wide variety of programs and services, including $200.7 million in the state’s TennCare program, $64.3 million in higher education, $15.9 million in Children’s Services and $20 million in non-BEP K-12 funds.  The governor’s proposal would stave off further reductions for two more years for about 40 programs by asking the General Assembly to tap into $202 million from the state’s Rainy Day Fund and TennCare reserves to keep them afloat.  Some of the programs slated to be continued for two years are the Coordinated School Health Program, Exemplary Educators programs, Family Resource Centers, Minority Health Initiative, HIV rapid testing, Behavioral Health Safety Nets and Family Support Services, to name a few.

      The Rainy Day Fund is the state’s savings account to be used in cases of severe economic hardship.  The fund will be essential if the economy worsens.   The TennCare Reserve Fund was put into place to make sure the state had money to address the fluctuations in costs in the program, which were particularly prevalent in the early years.  The reduction will leave about $550-$600 million in the two reserves combined.

    “The cuts are tough and there is going to be much pressure to restore funding from reserves,” said Finance Chairman Randy McNally (R-Oak Ridge).  “However, we don’t know how far in the future it will be before the economy turns around.  We need to maintain adequate reserves in order to deal with future shortfalls, as well as other things that could impact the state, like natural disasters or unfunded mandates from Washington,” he added in referring to the health care bill pending in Congress.  McNally said passage of the federal bill could add billions of dollars in costs to state governments across the nation in what Bredesen has termed “the mother of all unfunded mandates.”

     The governor’s tax proposals include a $21.3 million proposed sales tax on cable and satellite television services; $2 million to tax cable boxes, a $6.5 million increase in the rate charge on interstate and international business telecom service; $10 million to clarify ‘sale for resale’ provisions, and $10 million to repeal the dividend paid deduction on real estate investment trusts (REITs).

     In addition, the governor proposed that $21.9 million would be raised from a $2 per year increase for the cost of a Tennessee driver’s license.  The measure, however, would extend the driver’s license renewal time from 5 to 8 years.  The governor said the driver’s license fee has not been increased since 1988.  The fee increase would allow the Department of Safety to maintain 85 trooper positions in 13 rural counties that had been slated for reduction and 56 driver’s license positions. In addition, the Department of Safety would use the proceeds to purchase new radio equipment to digitally enhance emergency communications.

     Improvements to the budget include $47 million in growth money for the state’s Basic Education Program; $82 million to shore up the Tennessee Consolidated Retirement System; $164.7 million to provide a one-time 3 percent bonus to state employees and teachers; $23.5 million for an economic development package; $10.9 million to restore land and soil conservation funds; $2.3 million in perinatal grants; and, $7.6 million to keep prisoners in local jails.
 
         The budget is crafted from the high end of the revenue figures adopted by the Funding Board at the 1.9 percent growth rate.  Under the proposal, 24 percent of the budget will go to TennCare, 19 percent to Pre-K-12 education, 13 percent to higher education, 6 percent to transportation, with the remaining 38 percent going to other state government needs.  Approximately $12.44 billion of the budget is derived from state funds, with $11.2 coming from taxpayer dollars being returned to the state from the federal government.  The remainder, which totals $4.8 billion, comes from departmental revenues and fees. 

Senate approves legislation to help protect children from Internet predators

     Legislation was approved by the State Senate this week to allow law enforcement to act more quickly to protect children from sexual predators. The bill, Senate Bill 1529 sponsored by Senator Tim Burchett (R-Knoxville), authorizes district attorneys general or assistant district attorneys general to issue a subpoena for the Internet Protocol (IP) address of a suspected child sexual predator.  The bill mirrors federal law on the matter. 

     “We must do more to stop children from being victimized,” added Burchett.   “This legislation speeds up the process to let us get to endangered kids faster.”

     An IP address can be used to identify the region or country from which a computer is connecting to the Internet. It can also show the user's general physical location.

     Last Spring, actor and child protection activist David Keith, who is the spokesman for the National Association to Protect Children, testified before legislative committees in favor of the bill.  He told lawmakers that since 2005 more than 750,000 pedophiles have been identified by computer in the United States, with only two percent of those being investigated.  He said hundreds of thousands of children are being raped, tortured, filmed and traced on the Internet, and law enforcement agencies don't have the resources to investigate the crime. 

     “We must keep up with the technology used by these sexual predators to prey on children,” said Senator Burchett.  “This bill allows the prosecutor to subpoena this information to get the physical address of suspected predators before harm is done to their victims.” 

     The legislation, which has already been approved by the House of Representatives, now goes to the governor for his signature. 

Legislation approved by full Senate to boost sale of “prime milk” by Tennessee dairy farmers

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

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

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

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

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

     The bill now goes to the House of Representatives for approval of an amendment before going to the governor for his signature.

AAA tells committee that Tennessee has made significant progress in road safety

     Tennessee has made significant progress in road safety according to three representatives of the AAA Auto Clubs of Tennessee who testified in the Senate Transportation Committee this week.  Tim Wright, Don Lindsey and Kevin Bakewell of the AAA Auto Club South and AAA East Tennessee, said “Volunteer State leaders have done some remarkable things in the past ten years to make Tennessee a leader in enacting policies to keep motorists safe.”

     The officials praised the law passed by the General Assembly in 2000 to implement graduated licenses for teen drivers.  Lindsey said that, from the law’s effective date in 2001 through 2008, the rate of teen driver deaths per 100,000 licensed teen drivers dropped 20 percent.  Similarly, they cited the passage of a primary seat belt law in 2004 as having improved the number of Tennesseans who “buckle-up” by 9.5 percent to reach 82.5 percent compliance.  In addition, Lindsey said the 2004 law requiring child passenger booster seats have reduced the five- to nine-year-old child passenger fatality rate by 48 percent in deaths per 100 million vehicle miles traveled.

     On the state’s new law banning texting while driving, the group cited a study showing a similar law banning texting while driving in California cut out the dangerous practice by 70 percent.  Research shows that although 82 percent of Americans surveyed say distracted driving is a serious problem, 14 percent admitted to reading or sending text messages while driving. 

     “Texting is just a quantum leap above (cell phones) in how much it distracts a driver,” said Lindsey, who is Director of Public Affairs at AAA.  “It takes your eyes off the roads for at least four to five seconds at a time.  All it takes is two seconds to have a crash.”

     Senate Transportation Chairman Jim Tracy (R-Shelbyville) pushed passage of the legislation after a constituent lost her grandson due to texting while driving.  The new law prohibits sending or reading text messages on public roads and highways while the driver is operating a motor vehicle in motion.  

     “I am very pleased that we continue to see that legislation banning texting while driving has been successful,” said Senator Tracy.  “I think we will continue to see improvements as we educate drivers about the dangers that texting behind the wheel of a vehicle poses.  As more studies are conducted we will continue to see that this new law is saving lives.”

     “It is good to hear that we are moving in the right direction in keeping our citizens safe,” added Tracy.  “We still have much work to do, particularly in getting drunk drivers off our roads, but I am very pleased that the safety measures implemented are working to make our streets safer.”

Higher Education working collaboratively to improve teacher quality

     Tennessee’s colleges and universities are working collaboratively to improve teacher quality according to officials of the state’s Teaching Quality Initiative who testified before the Education Committee this week.  Co-chairs Dr. Hal Knight, Dean of the College of Education at East Tennessee State University, and Dr. Bob Rider, Dean of the College of Education at the University of Tennessee at Knoxville, told lawmakers the group is working on both the teacher quality and teacher supply issues facing Tennessee.

     The collaboration was formed to bring a shared vision among Tennessee higher education institutions to assure that teachers graduating from those institutions demonstrate higher levels of knowledge, competence and personal characteristics to bring student learning to new heights.  It will also ensure programs in the state’s colleges and universities are accountable for their graduates. 

     Dr. Knight thanked the Education panel for passing legislation last month to allow colleges and universities to receive feedback on how teachers who graduate from their colleges are performing.  The legislation gives teacher training programs access to non-identifying TVAAS data on their graduates to help identify the strengths and weaknesses of their programs.
 
     One of the group’s goals is to actively recruit science and mathematics majors to teach in Tennessee schools.  To accomplish this there has been a collaborative effort between the colleges of sciences and education.  This effort will help the state’s plan to enhance its Science, Technology, Engineering, and Math (STEM) program.  The state is partnering with Battelle, which manages the Oak Ridge National Laboratory, to provide an extensive network of STEM programs across the state.  This includes building new science labs, adding new technology, and creating new curricula to inspire and create new interest in science and math.

     The group is also focusing on teacher mentoring programs to help provide the support system needed to establish those who are new to the profession.  The premise is that new teachers need a robust program of mentoring that begins early in their preparation programs and continues through their early years in the profession.  Induction and mentoring for beginning teachers have been shown to have multiple benefits for both teachers and the systems in which they work. 

     “I am pleased that our collaborative efforts are charting a course for a strong teacher recruitment and support system,” said Senate Education Chairman Dolores Gresham (R-Somerville).  “Our teachers have been the mainstay of Tennessee public education.  We must continue to look for ways to give them the tools they need to help boost student achievement.”

Issues in Brief

     Soldiers honored – Tennessee’s soldiers serving in Iraq and Afghanistan were honored this week by Governor Phil Bredesen and the General Assembly.  In the State of the State Address, Bredesen recognized several soldiers who were deployed, some who have served multiple missions.  Lawmakers stood in silence to recognize the 11 Tennesseans who lost their lives in the War on Terror over the past year and the 114 who have made the ultimate sacrifice since 2001.

     Encouraging children to engage in outdoor physical activities -- The Senate passed Senate Joint Resolution 705 this week to encourage Tennessee children to engage in physical activities outdoors.  The bill, which is sponsored by Speaker Pro Tempore Jamie Woodson (R-Knoxville), comes from the “Every Child Outdoors-Tennessee” coalition of more than 100 supporting organizations.  Studies document that “children who engage in outdoor physical activities are healthier, perform better in school, have better social skills and self-image and lead more fulfilled lives.”  They also show the average child spends 6.5 hours per day in front of the television, on the computer or texting

     Unemployment Fund -- Tennessee Finance Commissioner Dave Goetz told the Senate Finance Committee on Tuesday that the state would have to borrow money by the end of the month to keep the fund solvent.  He also predicted a deficit could occur next year.  The money borrowed is interest-free until December, at which time the federal government will begin to charge if the funds are not paid back.  

    Eliminating government duplication -- The Senate Education Committee has approved a bill to eliminate the General Assembly’s Education Oversight Committee, a duplication of the efforts of the House and Senate Education Committees.  Passage of the bill, Senate Bill 2408 by Senator Dolores Gresham (R-Somerville), would save the state $25,200 in travel and per diem costs.  The Committee was created to oversee implementation of the Master Teacher Program which has since been phased out.

     Employer options for payment of wages -- Tennessee employers would have the right to issue payment of wages through either an electronic automated fund transfer or a prepaid debit card under legislation approved by the Senate Commerce Committee this week.  The bill, which is permissive, aims to help employers lower expenses by giving them the right to use these payment methods as an alternative.  The move is expected to save employers, who choose to utilize fund transfer, an estimated 75 percent from the costs of issuing payment by check.  Employees would not be charged for debit card withdrawal if they choose to access an in-network ATM machine to receive the payment.  The legislation, Senate Bill 2633, is sponsored by Senate Commerce Committee Chairman Jack Johnson (R-Franklin).