“The most vulnerable Tennesseans are our children and they need to have every protection when it comes to our laws,” said State Representative Joe Pitts (D-Clarksville).

This week House Democrats and Republicans came together in support of legislation designed to toughen Tennessee’s current child abuse laws.

Rep. Joe Pitts, D-TN Hse, District 67

“People who would dare abuse a child deserve the harshest punishments possible and this new legislation helps strengthen our laws,” said Pitts. “These bills make it clear that, whether it’s a random stranger or a child’s own parents, if you abuse a child you will be brought to justice.”

The first bill, House Bill 1141, clarified the definition of dangerous instrumentality as “any item in its manner of use or intended use as applied to a child that is capable of producing serious bodily harm.” Present law did not have specific definitions when dealing with abuse cases involving inanimate objects, providing serious abusers the opportunity to avoid more aggressive charges.

“With this bill, if any abuser uses any foreign object to inflict damage on a child, they could potentially be hit with stiffer charges resulting in more jail time,” said Pitts.

The second bill, House Bill 1142, expands the charges of “inflicting serious bodily injury to children” to include second or third degree burns, bone fractures, concussions, subdural or subarachnoid bleeding, retinal hemorrhage, cerebral edema, brain contusion, severe bruising and or permanent or protracted disfigurement.

“A slap on the bottom by a parent is discipline, but beating a child until they bleed is abuse,” said Pitts. “By implementing these changes to the code, we put greater pressure on abusers to think twice before they attack a helpless child as well as allow our justice system to put these monsters away for a very long time.”

Both bills passed the House and Senate unanimously and will now go to Governor Phil Bredesen to sign into law.

• H.O.P.E. eligibility drops to 2.75
• Helping Heroes Act helps Tennessee vets return to school
• Longterm Care Act helps elderly stay at home

NASHVILLE – Citing expansion of lottery scholarship programs and passage of sweeping reforms of Tennessee’s long-term health care system, among other accomplishments, Democratic Leader Senator Jim Kyle, D-Memphis, and Democratic Caucus Chairman Sen. Joe Haynes, D-Goodlettsville, today said the Senate Democratic Caucus had successfully weathered difficult times during the second session of the 105th General Assembly and had “continued to stand up for Tennessee families.”

“The national economic downturn had a major impact on the state’s finances, but Senate Democrats did what Tennesseans elected us to do, we balanced the budget without new taxes,” Kyle said. “We handled the budget in a business-like fashion, and we did this while addressing our priorities. We pressed on to expanded opportunity for college students, and we prevailed.”Haynes added that legislation enacted this year by Senate Democrats will improve the quality of life of Tennesseans. Haynes added:

“Everyone is feeling the pinch of skyrocketing gas prices and the soaring cost of health care. Senate Democrats have taken major steps to make long-term care more readily available and easier to access for our senior citizens, and we have invested hundreds of millions of dollars in helping thousands of students gain the college education they need to be successful.”

Senate Democrats played a major role in successfully negotiating a re-adjustment of the grade point average required for Tennessee college students to keep lottery HOPE scholarships. Under current law, scholarship recipients must have a 3.0 GPA by the end of their sophomore year to maintain a scholarship. The Tennessee Higher Education Commission reported last year that 70 percent of HOPE recipients failed to keep their scholarships under this requirement.

Under the new provisions, scholarship recipients are required to have a 2.75 cumulative GPA by the completion of their sixth semester in college. Throughout the remainder of their college career, they are required to have a 3.0 GPA for each semester and a cumulative GPA of 2.75 in order to retain their scholarship. If they fall below these requirements, they are allowed one opportunity to regain their scholarship.

Senate Democrats had fought to adjust the retention standard to a 2.75 GPA at any point in a college student’s career. This move was opposed by Senate Republicans.

“This compromise isn’t everything that we wanted, but it moves the ball substantially down the field. If Tennesseans want a different lottery scholarship program, they need to elect more Democrats to the Senate. –Sen. Jim Kyle

Haynes agreed the compromise is a victory for Tennessee college students.

“Our goal is to increase the number of Tennesseans that get their college degrees. The previous retention standard yanked scholarships from students halfway through their college careers. That made no sense. The new standard will help hard-working students stay in college and get their degrees. The more college graduates we have, the better.”

Kyle noted that Senate Democrats had successfully expanded the opportunity to get a college education to an additional 12,000 Tennessee students through changes to the lottery scholarship program.

Tennessee Student Assistance Award Fund: Sponsored by Sen. Andy Berke, D-Chattanooga, the Tennessee Student Assistance Award Fund transfers $200 million from lottery reserves into an endowment that will fund grants offered by the Tennessee Student Assistance Corporation. TSAC will use interest earned on this principle to offer financial assistance for higher education to Tennessee students. These awards are based on financial need. Berke said:

“We must make sure that those who cannot afford the tuition for college still have the opportunity to attend. With 50 percent of this money going to families with incomes under $12,000, the TSAC grants move us in the right direction.”

Highlights for the Senate Democratic Caucus during the second session of the 105th General Assembly include:

Helping Heroes Act: The Helping Heroes Act creates a scholarship program to provide up to $1,000 per semester for Tennessee veterans of the Iraq and Afghanistan wars that attend approved state institutions of higher learning on a full-time basis. Total benefits are capped at $8,000 and must be used within eight years of the end of military service. Eligible veterans must have been honorably discharged from the military and must have received the Iraq Campaign Medal, the Afghanistan Campaign Medal, or the Global War on Terrorism Expeditionary Medal. They must also meet all residency requirements established by the Tennessee Higher Education Commission. According to the United States Department of Veterans Affairs, Tennessee veterans attending college receive approximately $39,000 in benefits from the G.I. Bill. With the addition of the Helping Heroes Act, a college education will be virtually free for Iraq and Afghanistan veterans in Tennessee. “Over 12,000 Tennesseans have been deployed to Iraq and Afghanistan,” Kylesaid. “I can’t think of a better cause than giving educational assistance to these brave men and women.”

Long Term Care Community Choices Act: Sponsored by Sen. Lowe Finney, D-Jackson, and co-sponsored by the entire Senate Democratic Caucus, the Long-Term Care Community Choices Act sets up a system of long-term care designed to promote home and community-based services, reduce fragmentation of service delivery, and create one-stop shopping for information about long-term care options and delivery of services, among other provisions. In the summer of 2007, a special joint committee began discussing improvements to Tennessee’s long-term care system. Finney served as vice chair of the committee.

In January, Governor Phil Bredesen joined the effort to fundamentally restructure how the state provides health care for its senior citizens. The committee found that Tennessee was decades behind other states in how it delivered long-term care services, the eligibility process was slow, and many service providers were overburdened by the state in their attempt to diversify types of care. “Our state provided good services, but the current system is simply confusing, inefficient and disjointed,” Finney said.

“The new system will be comprehensive. Although it will take a few years to fully implement, the bill will address our system from the top down, including services that are offered, licensure of care providers, and expansion of community-based alternatives to quality assurance. Under the Long-Term Care Community Choices Act, the state and care providers will seamlessly coordinate the kinds of care people need. Care providers will be better-prepared to assist individuals transitioning to or from nursing facilities and community-based care. A single point of entry will help individuals and their families assess options for care and how to access them. And the eligibility process will be streamlined so services can be delivered with ease and speed.

“For years, Tennesseans have often had one choice: nursing homes. What became apparent during our committee meetings is that many individuals need nursing facilities, but there are also many others who are able, and wish to, remain in their homes while receiving medical care.”

The Long-Term Care Community Choices Act will ensure that if an individual desires more cost-effective care at home or in the community, he or she will be able to access those services.

Tennessee Rural Health Act: Sponsored by Sen. Roy Herron, D-Dresden, and Sen. Steve Roller, D-McMinnville, the Tennessee Rural Health Act creates a pilot program for Tennessee students studying to become designated types of health care professionals that agree to practice in rural and other underserved areas across the state. Students that enter the program will agree to practice medicine in a “health resource shortage area” for one year for each year of educational funding provided by the program. Recipients will be required to repay all funds received under the program if they fail to practice medicine in a health resource shortage area for the full time required. Health resource shortage areas are designated as such by the Tennessee Department of Health’s Office of Rural Health. Rowler said:

“No one in our state should be forced to go without health care because there aren’t trained medical professionals available. This is an important program that will ensure our rural Tennesseans have the health care that they need and deserve.”

The House Democrat Review is a weekly feature that gives Tennesseans an in-depth look at what our Democratic state legislators have been working on this week, and a glimpse into what’s planned for the coming week at our state house. 

House Passes Property Tax Relief Increase for Disabled
Representatives also tackle predatory mortgage lenders & long-term care

NASHVILLE (April 17) – On Monday the House of Representatives unanimously passed legislation to expand the availability of Tennessee property tax relief to more homeowners who are totally and permanently disabled.

“During these tough economic times many people are struggling just to keep food on the table, and have little to no money left over,” said Finance Chairman Craig Fitzhugh (D-Ripley). “By raising the maximum income requirement, more people will be able to take advantage of this tax relief opportunity and hopefully be able to utilize that money for more immediate needs.”

Under the new legislation, the maximum allowable income for determining eligibility to participate in the state’s tax relief program for homeowners who are totally and permanently disabled is increased to $24,000 a year. This program compliments additional tax relief programs already in place for people over 65 year of age as well as those who have been injured while serving in the military.

“Anytime you can lessen the economic burden on those who already have more than their fair share of burdens, you do it,” said Fitzhugh.

New Legislation Combats Current Crisis of Predatory Mortgage Lenders

Also on Monday, House Members voted overwhelmingly to allow Tennessee to participate in a program designed to provide consumers a central location to review state licensed & registered mortgage companies with whom they want to do business. This nationwide mortgage licensing system is known as “The System.”

“Our current economic crisis is thanks, in large part, to predatory mortgage companies offering unreasonable loans to people who could not afford to make the payments,” said State Representative Curt Cobb (D-Shelbyville). “We must take steps to protect consumers from greedy lenders who think nothing of the long-term consequences, both to the individual as well as the community.”

Tennessee now becomes the 39^th state to enter into the The System and joins 42 other state agencies, the District of Columbia and Puerto Rico participating in the program. The System is expected to save Tennessee significant resources by automating and streamlining agency processing of mortgage licensing/registration applications and renewals. The System will also improve Tennessee regulators’ ability to supervise mortgage lending and brokering and enhance the ability to take enforcement actions against corrupt individuals.

“We cannot simply turn a blind eye to the disaster that has become the housing market,” said Cobb. “Working people are losing their homes because someone decided to take advantage of the system and we must do all that we can to not let that happen again.”

The bill now heads to Governor Bredesen for his signature.

New Requirements Passed to Protect Seniors in Long-Term Care Insurance Agreements

On Thursday House Members unanimously passed a bill protecting seniors looking to buy long-term care insurance. House Bill 4206 modernizes current regulation of long-term care insurance and provides better protections from non-forfeiture benefits, incontestability periods and insurance producer education.

“Our greatest generation deserves to have the best long-term care benefits possible, and our boomer generation will be there soon enough,” said State Representative Eddie Yokley (D-Greeneville). “We must protect our seniors and give them every opportunity to have the benefits and resources they need to live out their remaining years without the stress of financial uncertainty.”

Under the new legislation, long-term care producers are now required to receive an additional eight hours of training on the sale of long-term care insurance. It also revises state law to meet with Congressional requirements so that Tennessee may participate in the Deficit Reduction Act of 2005, which includes the Long-Term Care Partnership Program.

“We continue to work at long-term care in Tennessee and it is my hope that residents will see significant improvements in Tennessee’s long-term care options in the near future,” said Yokley.

The bill is expected to be taken up on the Senate floor later this month.

Competitive Cable & Video Services Act Announced: New bill designed to promote a climate of competition

NASHVILLE (April 10) – On Monday, House and Senate Members announced they had reached a compromise between cable television providers and AT&T, and introduced the “Competitive Cable and Video Services Act.”

“In business, for the consumer to win there has to be competition,” said Chairman Charlie Curtis (D-Sparta). “By creating a climate of competition, this new bill will encourage providers to deliver better quality services throughout Tennessee and spur faster development to underserved areas.”

Under the new bill, competitors would be able to obtain a ten-year state franchise certificate from the Tennessee Regulatory Authority (TRA) with the requirement that the company must build-out to at least 30% of their existing service area within 3.5 years. Companies would also be required to expand 25% of their total new services to underserved and low-income areas. Failure to meet either of these goals would result substantial financial penalties.

“While we want to open up this industry to as many competitors as possible, as legislators our first priority is to the citizens of Tennessee,” said Chairman Ulysses Jones, Jr. (D-Memphis). “These new requirements will ensure quality services are provided to as many Tennesseans as possible and deter the practice of cherry-picking neighborhoods.”

The new legislation also takes steps to protect local interests, specifically the power of local government. Under the new bill local franchise fees direct to local governments will remain in effect and any construction of right-of-ways will be under local regulation and approval.

“As a former county mayor, I realize that local governments have a vested interest in seeing more competitors invest in their areas,” said Chairman Randy Rinks (D-Savannah). “This bill reaffirms local government’s place in the process and allows them to have the final word in the development of their neighborhoods.”

The bill began its process through the committee system of the House and is expected to be heard on the House floor later this month.

New Law to Require Background Checks for Day Care Workers Passes House

Also on Thursday, the House of Representatives unanimously passed tough legislation requiring criminal background checks on those applying for jobs in day care.

“Too often we hear horror stories of abuse in day care facilities that could have been avoided had proper screenings been done,” said Rep. Gary Moore (D-Nashville). “We must do more to protect our children and this legislation looks to do that.”

House Bill 3264 revises current law to require criminal background checks be completed before any approval of employment within a child care facility as well as be completed before foster care or adoptive parent rights are approved. Under the previous law information necessary for a background check could be submitted up to 10 days after employment was started or approval was given. This left a large window of opportunity for predators to potentially exploit the system.

“We have to continue to be vigilant when it comes to the safety of our children, and this new law does just that,” said Moore.

Precious Metals Theft Bill Overwhelmingly Passes Out of House
New Legislation brings much needed regulation and tougher penalties

NASHVILLE (Mar. 20) – This week the House of Representatives overwhelmingly passed a bill that brings new regulations to the scrap metal industry and tougher penalties on violators.

“With the price of copper going up over 400% in just five years, scrap metal theft has become the new way to score big bucks,” said Chairman Mike McDonald (D-Portland), prime sponsor of the legislation. “This new legislation will significantly limit a thief’s ability to sell the metal he’s stolen and, if he still tries to do it, we’ll be able to track him down pretty quickly.”

Under the new legislation, scrap metal dealers who buy and sell in precious metals may not buy or otherwise acquire metal from anyone who does not present a valid state or federally issued photo ID and may not sell to anyone under 18. Dealers must also require a thumbprint record of a person who wishes to sell scrap metal to the dealer, and a record of that transaction with detailed information must be kept on site for at least three years. Dealers will also need to register with the Department of Commerce. First and second violations will result in a Class A misdemeanor charge, with a third violations resulting in a Class E Felony.

“These new regulations mean law enforcement can now aggressively track stolen copper and other precious metals,” McDonald said. “Thieves wanting to sell their loot will have to register with the dealer, which I’m fairly sure isn’t something they will want to do.”

HB2433 passed with a vote of 90-0-2, with two members present not voting. The bill will now be sent to the governor for his signature and will take effect on October 1 of this year.

Education Bills On Calendar for Full Committee This Week

A number of bills focusing on the spending of lottery surplus dollars are expected to be heard in the full House Education Committee this week. One of the primary bills House Democrats are supporting is a bill that would reduce the retention requirement for the HOPE Lottery Scholarship from a 3.0 to 2.75. Currently over 70% of incoming freshman who qualify for the HOPE Scholarship lose the funding after the first year.

“Hope is what this lottery scholarship is supposed to bring to thousands of Tennesseans trying to achieve the American dream of a college degree,” said Education Chairman Les Winningham (D-Huntsville). “How are we bringing hope to our students when more than two-thirds are not able to maintain the required GPA? It doesn’t add up.”

Two other bills also expected to be presented this week are the Helping Heroes Act and the Rural Health Act. The Helping Heroes Act specifically targets Tennessee’s Iraq and Afghanistan veterans who are returning from service overseas and finding that the current GI Bill only covers about 65% of the total cost of college.

“It is unbelievable that our fighting men and women, who already sacrifice so much in their service to this country, are coming home to find out that college is just not possible like it was for the greatest generation coming home from World War II,” Winningham said. “We must do better for our veterans, and this bill helps bridge a gap that the federal government has been unwilling to pay for.”

Under the terms of the bill, Tennessee’s military veterans who qualify for the GI Bill would receive an additional $1,000 per semester for up to the four-year period required to graduate.

The Rural Health Act of 2008 looks to fix a problem that is plaguing many of Tennessee’s rural counties. Every year it becomes increasingly harder to find medical professionals willing to come out to rural communities and practice medicine. With medical school so expensive and the healthcare industry in such turmoil, future doctors and nurses have little incentive to give up the high-paying city life.

“People in rural parts of this state shouldn’t be forced to drive two and three hours just to get to the nearest medical professional,” said Representative Eddie Yokley (D-Greeneville). “We need to give our doctors and nurses more incentive to seek out careers beyond the major cities.”

With the Rural Health Act, for every year that a medical student commits to practicing medicine in a designated rural community in Tennessee, that student would receive one year of tuition funding. The bill provides a win-win for the community and for the students. Students can receive the funding that many so desperately need, while rural communities can have access to some of the best and brightest doctors and nurses available without the long commute into town.

“The more we work towards improving our education system, from pre-K to college, the better the long-term prognosis of our state,” Yokley said. “It all starts with education.”

Both bills are slated to be heard next week.

House Democrats Bring Home Schools First Funding, nearly $184 million in additional K-12 funds expected next year.

This week House Democrats were presented with the 2008 – 2009 projected BEP 2.0 funding numbers which show that, thanks to the Schools First Initiative passed last year, Tennessee’s local schools are estimated to receive $183.2 million in additional funding.

“When we first began the task of improving our K-12 schools in Tennessee, we wanted to do it in a way that wouldn’t put undo burdens on local governments,” said Speaker of the House Jimmy Naifeh (D-Covington). “Thanks to the Schools First Initiative, we were able to increase education funding by over $340 million last year and nearly $184 million this year, while at the same time reducing the pressure on counties to have to raise their property taxes.”

The projected funding numbers are expected to increase average teacher salaries to $39,000, while the burden on local governments to raise property taxes will continue to be reduced. The total percentage of instructional cost contributed to local school systems by the state will increase next year to 71.5%.

“Thanks to the hard work and effort of legislators, on both sides of the aisle, we were able to pass new legislation that allows lower and middle class students the opportunity to see improvements in their local schools,” said House Education Chairman Les Winningham (D-Huntsville). “We must continue to improve our public education system here in Tennessee, so that every child in our state has a chance at the best education possible.”

Expanding Pre-K to All Children in Tennessee Continues to be a Priority

In addition to increasing K-12 funding by over $340 million, lawmakers last year also added over $25 million for additional pre-kindergarten classrooms, raising the total number of classrooms across the state to 934. Currently over 17,000 students are enrolled in pre-K programs in Tennessee, and this year the House plans to expand classes even further with another $25 million in funding, offering pre-K instruction to all of the over 78,000 four-year-olds in Tennessee.

“We expanded college education through the Tennessee Lottery Hope Scholarship, we continue to expand funding for K-12 schools and this year we hope to give every child in Tennessee, regardless of background, the opportunity to get off on the right foot with pre-K,” said Winningham. “Education is the foundation of a successful life in this country and I will continue to strive to make sure a quality education is available to every student and family in Tennessee.”

The House Education Committee is scheduled to discuss education funding later next week.

This week, the House moves spring sales tax holiday to April, tax breaks for disabled homeowners approved, scrap metal theft legislation moves to budget subcommittee, green laws continuing movement through committees, border dispute resolution expected on House floor soon, and animal abuse registry in full judiciary committee

NASHVILLE (Mar. 6) – This week the Tennessee House of Representatives passed legislation changing the spring sales tax holiday from the weekend of March 21 to the weekend of April 25.

“There were a lot of people who felt that having the sales tax holiday on the same weekend as Easter would limit people’s ability to take advantage of the savings as well as take away from the importance of the holiday,” said House Democratic Caucus Chairman Randy Rinks (D-Savannah). “We were glad that with last year’s budget surplus we’re able to give back to those who deserve it the most – the taxpayer.”

The spring sales tax holiday weekend will take place on April 25 through 27 and will be available on all products designated school supplies. For a complete list of products that qualify for the sales tax holiday, go to http://www.tntaxholiday.com/.

This week the House also passed a bill expanding property tax relief to disabled homeowners. Passing unanimously, House Bill 2455 raises the maximum income for disabled homeowners to $24,000 for the 2007 tax year.

“This legislation continues the momentum we set last year to provide tax relief for Tennessee’s most vulnerable citizens like our seniors and our disabled military veterans,” said Representative Joe Pitts (D-Clarksville), prime sponsor of the legislation. “Our job is to continue to look for ways to help those who need it.”

Scrap Metal Theft Legislation Moves to Budget Subcommittee

The consequences of scrap metal theft continue to make headlines in the news and this week a bill to combat those crimes was moved out of the House Government Operations Committee for hearings in the Budget Subcommittee of the House Finance, Ways and Means Committee.

“As the economy continues to waiver, and as prices on precious metals like copper continue to skyrocket, we will continue to see scrap metal theft increase,” said Chairman Mike McDonald (D-Portland). “This bill is vital to combating this growing crisis in Tennessee and needs swift passage through the House.”

House Bill 2433 would require anyone buying or selling scrap metal to register with the Department of Commerce and Insurance, and would prohibit immediate payment for purchased of copper, catalytic converters and air conditioner evaporator coils. The bill would also increase criminal penalties and civil forfeitures for those who violate the law.

“Those who own businesses dealing in scrap metal are just as liable as those who would steal and sell it,” said McDonald. “We have to deter this illegal practice and protect the honest and hardworking citizens of this state.”

Green Laws Continuing Movement through Committees

A number of bills focusing on the reduction of Tennessee’s energy consumption and production of greenhouse gases made their way through the committee system this week.

“As private businesses start to embrace energy conservation and green policies, so should we in the state,” said Rep. Gary Moore (D-Nashville). “We must do our part to protect our surroundings and keep it safe and clean for the next generation.”

Three bills focusing on the energy management and conservation were placed on the calendar of State and Local Government. House Bills 2815, 2816 and 2817, sponsored by Chairman Mike McDonald, all deal with expanding and developing new strategies for energy conservation among state departments and agencies. A bill by Rep. Moore, that is expected to be heard in House Government Operations next week, encourages the State Building Commission to adopt rules and regulations requiring design, construction and certification of state building to fall in line with that of equivalent green standards.

“Living green no longer means living out of the mainstream,” said Moore. “Our cars, our homes, our farms, our towns all have ways to be less destructive on the environment and we should embrace those tools in our state government.”

Border Dispute Resolution Expected on House Floor Soon

A bill rejecting the Georgia Legislature’s request to form a multi-state study group with the goal of redrawing the state line between Georgia and Tennessee moved swiftly through committee and is expected on the House floor soon.

House Joint-Resolution 919 states that Tennessee will not engage in talks regarding changes to its nearly 200-year-old state border with Georgia and that any attempt to do so by Georgia would be defeated by precedents upheld by the United States Supreme Court.

“I understand that the drought situation in Georgia, specifically in Atlanta, is quite severe and I can sympathize with what the people of Georgia are going through,” said House Major Leader Gary Odom (D-Nashville). “But moving a nearly two-hundred-year-old border so you can steal another state’s water is flat wrong and does nothing to address the real problem.”

The joint resolution is expected to be taken up next week.

Animal Abuse Registry in Full Judiciary Committee

Finally, a bill that would put those convicted of animal abuse on a registry list similar to the current sex offender registry is expected to be taken up by the full House Judiciary Committee next week.

“Most everyone I know, like myself, is an animal lover whose heart breaks when you hear stories of animal abuse and cruelty,” said Chairman Janis Sontany (D-Nashville). “Having a registry for those who commit such acts will not only be a great way to monitor abusers, but hopefully will work as a deterrent for those who might think to hurt an animal.”

The “Tennessee Animal Abuser Registration, Tracking and Verification Act of 2008” establishes registration, verification and tracking requirements for an animal abuser, which means any person who commits aggravated cruelty to animals, felony animal fighting, or bestiality. The requirements under this bill are similar to the present law requirements for sex offenders, with the Tennessee Bureau of Investigation (TBI) maintaining the registry.

The bill is slated to be reviewed by the full committee on Wednesday of next week.