February 7, 2008

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Senate approves legislation to curtail theft of precious metals

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

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

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

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

Senate approves Anti-freeze Safety Bill

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

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

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

Issues in Brief

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

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

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

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

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

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

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

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