NASHVILLE, TN (2-26-09):  Several bills aimed at protecting children advanced in the State Senate this week, including legislation approved by the Senate Judiciary Committee that would prohibit sex offenders from loitering within 1,000 feet of certain places where children are likely to gather.   The bill, sponsored by Speaker Pro Tempore Jamie Woodson (R-Knoxville), would apply to schools, licensed day care centers, child care facilities, public parks, playgrounds, recreation centers or athletic fields when children under age 18 are present.

“This legislation greatly strengthens our laws to protect Tennessee children,” said Woodson.  “Parents deserve to know that their children are safe, and this bill will keep sexual offenders away from these areas where children are commonly present.”
Current law sets a parameter of 500 feet as the distance sex offenders are prohibited from going near school property.  The legislation, SB 511, would expand that distance to 1,000 feet, adds other places where children are likely to gather, and spells out that offenders are prohibited from “loitering” within those bounds.  It also removes an exception currently in place that allows sex offenders to be present on school property during school hours if they are making deliveries.

The Judiciary Committee also approved legislation requiring law enforcement agencies to enter information into the NCIC (National Crime Information Center) database within two hours of receipt of a report of a missing child.  The bill, SB 110 sponsored by Senator Diane Black (R-Gallatin), would bring Tennessee into compliance with the Adam Walsh Act which was signed into law in 2006.

The sweeping federal law, named after the murdered 6-year-old son of “America’s Most Wanted” host John Walsh, required states to adopt strict new standards for registering sex offenders and providing public information about their crimes and whereabouts. This included publishing photos and addresses of sex offenders online and toughening criminal penalties for those who fail to register, among other provisions.  Tennessee made several changes to comply with the law last year.  The states must comply with provisions of the act by 2009 or risk facing a 10 percent cut to their share of funds in a congressional grant program used to fight crime.

“This legislation makes sure that we are acting quickly to enter the needed information to alert law enforcement of a missing child,” said Senator Black.  “Hopefully, this will help us to bring these children safely home quicker.”

Jerri Powell, a specialist for the Tennessee Bureau of Investigation who coordinates the state’s Amber Alert Program, told legislators that Tennessee has between 600 and 1,200 missing children per month.  A report to the NCIC system does not automatically trigger an Amber Alert, which has a much higher standard of urgency before it is broadcast.

Finally, the Judiciary Committee approved a measure, SB 284 sponsored by Senator Black, to establish venue for a violation of supervision of a sex offender in the county where they were being supervised.  The bill makes sure that if a sex offender violates the conditions of their parole, that valuable time and money are not spent by sending law enforcement to another locality where the violation took place and that the violator can be returned back to where they were being supervised for further court action.

In other action protecting children this week, the full Senate approved legislation to strengthen Tennessee’s “anti-bullying law” by requiring each local school board to adopt a policy that prohibits harassment, intimidation, or bullying.  The bill, SB 283 by Senator Black, makes the varying policies implemented by local education agencies across the state under the 2005 bullying law more consistent by requiring 13 standards that must be included in each system’s anti-bullying policy.

“Bullying is a widespread problem among students nationwide,” said Senator Black.   “Research indicates that approximately 160,000 students avoid school every day for fear of being bullied.”

Lawmakers hear update on Property Tax Freeze Program for Seniors

More than 16,400 senior citizens across Tennessee are enrolled in the state’s property tax freeze program according to Tom Fleming, Assistant to the Comptroller, who testified before members of the State and Local Government Committee this week.  Fleming said Smyrna and Spring Hill are the latest of 20 counties and 19 cities who participate in the program, while a growing number of communities are considering adopting it to give seniors some relief.

“It is time for counties and municipalities across Tennessee to realize that making home ownership more affordable for senior citizens is fiscally responsible,” said Senate Majority Leader Mark Norris (R-Collierville).  It increases their prospects of aging with grace and dignity in familiar surroundings which is better for everyone.”

The mechanism for the Property Tax Freeze Program was added to the state’s constitution by voters in a referendum in 2006, after a resolution was sponsored by Sen. Norris.  That action was followed by passage of a law to implement the program in 2007.  The resolution, however, must be adopted by the governing body of the city and county before seniors can participate.

Once the local government opts into the program, the law allows qualified property owners to keep their property tax bill at a fixed amount, even if the tax rate or the appraised value of their home increases.  In order to qualify, the home owner’s combined income cannot exceed a predetermined amount set by a state formula, which uses the median income and population in the homeowner’s county.  That amount can vary from $44,570 in Williamson County to the minimum income level of $24,790 that is in place for 52 Tennessee counties.

For more information and to review a list of participating localities, visit the Comptroller’s website at http://www.tn.gov/comptroller/pa/taxfreeze.htm or www.Tennesseniors.com.

Secret Ballot Protection Act would preserve the right to vote by secret ballot

Senator Jack Johnson (R-Franklin) joined members of the National Federation of Independent Business (NFIB) in a press conference this week to promote legislation he has filed to protect the rights of employees to vote on whether or not they want to unionize by a secret ballot. The “Secret Ballot Protection Act” is a counter measure to dangerous federal card check legislation, which would subject employees to intimidation by allowing unions to organize simply by persuading a majority of employees to sign a union representation card.  This petitioning would take place outside the workplace, in front of union organizers and other employees who support the union.

The federal card-check bill was narrowly defeated in the U.S. Senate last year, and labor representatives believe the 2008 elections will greatly enhance the possibility for passage in 2009. The Tennessee legislation, SB 1674, defines the denial of secret-ballot elections as an unfair labor practice.  It also establishes penalties and civil remedies for violation.  The legislation does not apply to collective bargaining relationships already in existence before July 1, 2009.

“The right to a secret ballot is sacred whether it is in the voting booth or in the workplace,” added Johnson.  “This bill is consistent with our state’s Constitution and court decisions that provide that all elections in Tennessee shall be by a method guaranteeing ballot secrecy.”

“We are working diligently against the tide of a weakening economy to bring jobs to Tennessee by maintaining a business-friendly environment,” he continued.  “The card check system is not only un-democratic and un-American, but could hamper our ability to attract new business — or drive those who are already here out of the state.”

Conservative approach to investing state fund is best says Treasurer Lillard

Tennessee’s conservative approach to investing state funds has served the state well according to David Lillard, the state’s Treasurer.  Lillard presented legislators on the Senate Finance Committee with information about how Tennessee has performed in an increasingly challenging economic market.

Lillard said Tennessee is dealing with the second worst market in the last 107 years based on the Dow Jones Industrial average.  The state, however, has out-performed 93 percent of its peer funds last year, and 80 percent when looking back at a three-year average.

Lillard, who became Treasurer on January 15 after Republicans nominated him for the post, said he has moved the state’s portfolio to an even more defensive position since taking office based on the most recent market information and outlook.

“The challenge is to determine how conservative or defensive you go to not sacrifice some of the upside in the event the market turns,” he said.  Lillard also said his staff is monitoring the situation “by the minute.”

In speaking of Tennessee Consolidated Retirement System (TCRS), which funds payments to state and local government retirees and teachers, Lillard said “The TCRS is one of the most conservative funds, in terms of investments, in the country.  The outflow from the plan is about $.14 billion per year.  Our cash flow into the fund is well in excess of that.  We have well-covered ourselves from the standpoint of sources of income versus use of income.  We do not have a liquidity issue in respect to this plan in paying retiree benefits.”

Senate approves legislation to allow state to issue bonds to pay for infrastructure commitments to Volkswagen and Hemlock

Legislation that would allow the state to issue up to $262 million in bonds to pay for economic development infrastructure commitments was approved by the full Senate this week.  The bill, SB 315, provides state officials flexibility to sell the bonds to cover money needed to build infrastructure for the Volkswagen and Hemlock Semiconductor plants that have agreed to locate in the state.

Volkswagen is planning to make an initial $1 billion investment in Chattanooga, while Hemlock plans to invest $1.2 billion in Clarksville.  State finance officials told lawmakers that the debt service on the bonds would be covered by the more than $28 million in revenues per year that is expected to come into the state as a result of the Volkswagen plant alone.

The new Volkswagen plant means more than 2,000 new jobs in Tennessee, just in the plant itself.  It is also expected to create more jobs in the region due to vendor businesses that will also locate here as a result of the plant. Hemlock is expected to create 500 new jobs, with the potential of employing up to 900 people within five to seven years.

• Tennessee to receive $3.7 billion in federal money
• Environment and Conservation Committees hear testimony on TVA coal ash spill
• General Assembly website receives makeover, features improved bill tracking

Legislators were updated this week on the estimates from the bailout package passed by Congress and signed by the President earlier this week, learning that Tennessee stands to receive anywhere from $3.7 to $4.3 billion over roughly two years. Most of the money is already allocated by the federal government to specific purposes, with only $171 million left for “general purpose.”

TennCare will receive the largest sum of money, with $1.1 billion allocate specifically for the program. Other health-related programs that will receive money are foster care and adoption assistance services, immunization programs, elderly nutrition programs, and child care, which together total approximately $70 million.

Another area that stands to receive a substantial amount of the money is education. Tennessee’s K-12 education system will receive $224.5 million for school improvement projects and grants. Another $236 million will be targeted toward students with disabilities, in the areas of special education and early intervention. The final three subcategories—education technology, education for the homeless, and school lunch equipment—will receive roughly $13.6 million, bringing the total amount for education to $474.4 million.

Another $171 million will be aimed at a myriad of different programs, including justice assistance, crime victim assistance, workforce investment, employment services, unemployment insurance, and dislocated worker programs. The final numbers will be revealed by the Administration during the Governor’s budget address to the Senate and House Environment and Conservation Committees.

Joint House and Senate Environment and Conservation Committees hear testimony on TVA coal ash spill

A joint meeting of the Senate and House Environment and Conservation Committees heard testimony on Wednesday from Tennessee Valley Authority officials regarding the clean-up efforts of the December 22nd coal ash spill in Kingston, Tennessee. The accident released more than 5.4 million cubic yards of ash into the river from an on-site 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. Power plants within the United States produce millions of tons of fly ash annually, which is disposed of in landfills or retaining ponds.

Tom Kilgore, CEO of TVA, told the Joint Committee that the cause of the massive accident, which covers more than 300 acres of surrounding land and water, is still being investigated. Kilgore has been working with Deputy Conservation and Environment Commissioner Paul Sloan as TVA constructs a plan to remediate and restore the site, as well as prevent such accidents from occurring in other localities where coal fly ash is stored.

Sloan said the Tennessee Department of Environment and Conservation has been on site in Roane County since the spill occurred. They have been sampling public drinking water systems to assess whether the raw water entering and the finished water produced by the Kingston Water Treatment Plant meets public health standards. Sloan said the samples received to date indicate municipal water supplies are safe, even though aquatic life at the site of the spill has been destroyed.

Sloan and Kilgore pledged to continue ongoing water quality monitoring and assessment within the major waterways impacted by the ash slide, which includes the Emory River, Clinch River and Tennessee River. They have also consulted with the Tennessee Department of Health to provide public health guidance and recommended precautions for citizens that come in contact with coal ash.

Moving to the cleanup and safe disposal of recovered coal ash at the site of the spill, Kilgore said TVA is working to get the ash sludge “out of the river as quickly as we can.” The fly coal ash contains a small amount of arsenic, which means it must be treated as a “hazardous substance” as it is moved. This means the ash, which is 85 percent water, must be “dewatered” before either being moved to another site or buried. Engineers are working to prepare the comprehensive plan to remove the sludge, which is expected to cost $525 to $825 million.

The state is looking at the possibility of using the dry coal ash in concrete and other products. Fly ash is an inexpensive replacement for a type of cement used in concrete. It is also used as an ingredient in brick, block, paving, and structural fills. The House Environment and Conservation Committee will likely continue to monitor the progress of the clean up and environmental impact of the spill, as well as preventative measures, during the remainder of this legislative session.

Tennessee General Assembly website receives makeover, features improved bill tracking

The Tennessee General Assembly overhauled their website design this year, and the new website includes many new features in addition to its fresh look. Visitors can now easily find out who their representatives and senators are, see more detailed maps of their districts, and track legislation—even flagging certain bills in which they take an interest.

One of the most useful features on the newly designed website is the new bill tracking mechanism that allows users to make a list of legislation they would like to follow through the committee and floor session process. The site allows for the creation of up to three lists of ten bills each that a user can “flag.” Users can then log in at any time and see the progression of the legislation they chose to follow, even allowing for modification of the lists at any point. The updates will also include a listing of how each member present in the subcommittee, committee, and floor session voted on a particular bill.

In addition to simply getting a fresh new look, the website also has a different
web address: capitol.tn.gov (formerly legislature.state.tn.us). The e-mail addresses for legislators and staff have also been updated to match the new address. House Republicans are very pleased to see the user-friendly changes, having advocated for a more simply formatted website for several years.

The week ahead…

• HOUSE SESSION: 5:00p.m. Monday, February 23, 2009 in House Chambers
• HOUSE SESSION: 2:00 p.m. Wednesday, February 25, 2009 in House Chambers
• HOUSE SESSION: 9:00 a.m. Thursday, February 26, 2009 in House Chambers

Tuesday, February 24, 2009

1. Committee or Subcommittee Time Room Number
2. Professional Occupations Subcommittee 8:30 a.m. Legislative Plaza 31
3. Agriculture Committee 9:15 a.m. Legislative Plaza 29
4. Family Justice Subcommittee 9:15 a.m. Legislative Plaza 30
5. Conservation & Environment Committee 10:30 a.m. Legislative Plaza 29
6. State & Local Government Committee 12:00 p.m. Legislative Plaza 16
7. Civil Practice & Procedure Subcommittee 12:00 p.m. Legislative Plaza 31
8. Finance Committee 1:30 p.m. Legislative Plaza 16
9. Small Business Subcommittee 1:30 p.m. Legislative Plaza 30
10. Rural Roads Subcommittee 1:30 p.m. Legislative Plaza 31
11. Transportation Committee 3:00 p.m. Legislative Plaza 16
12. Public Safety Subcommittee 4:00 p.m. Legislative Plaza 16
13. Public Health & Family Assistance Subcommittee 4:00 p.m. Legislative Plaza 30

Wednesday, February 25, 2009

1. Committee or Subcommittee Time Room Number Children & Family Affairs Committee 8:30 a.m. Legislative Plaza 16
2. State Government Subcommittee 8:30 a.m. Legislative Plaza 29
3. Judiciary Committee 8:30 a.m. Legislative Plaza 31
4. Local Government Subcommittee 9:15 a.m. Legislative Plaza 29
5. Government Operations Committee 10:00 a.m. Legislative Plaza 29
6. Education Committee 11:00 a.m. Legislative Plaza 16
7. Budget Subcommittee 11:00 a.m. Legislative Plaza 29
8. Criminal Practice & Procedure Subcommittee 12:00 p.m. Legislative Plaza 31
9. Parks & Tourism Subcommittee 12:30 p.m. Legislative Plaza 16
10. Domestic Relations Subcommittee 12:30 p.m. Legislative Plaza 29

Summary provided by Kara Watkins, Press Secretary, TN House Republican Caucus

The 105th General Assembly adjourned “Sine Die” this week, concluding a contentious session in which lawmakers were forced to make difficult decisions regarding the lottery scholarship program and the budget. Ultimately, legislators came together to form compromise legislation that will greatly benefit Tennesseans by allowing more students access to college, passing a budget with no new taxes, and providing seniors with more healthcare options.

Budget passes both chambers at eleventh hour

The 2008-2009 budget was passed late Wednesday night, and is lauded by Republicans as a fiscally responsible one in which reasonable cuts in growth were made. The total budget, which includes federal dollars, for 2008-2009 is $27.5 billion, $245 million less than originally proposed in January. The 2007-2008 total budget was $27.75 billion, $250 million more than this year’s. The state portion of this year’s budget was $13.6 billion, a $200 million decrease from 2007-2008.

April 2008 was the worst month on record for revenue growth in Tennessee, and the third quarter of this fiscal year was the second worst quarter on record. Projections show that the fourth quarter—of which the state is halfway through—could be even worse.

State Employees

The budget that was approved will eliminate 2,011 jobs—roughly 5 percent—in the executive branch through voluntary buy-outs, which is anticipated to have a price tag of approximately $50 million. The one- time money will be taken from departmental reserve accounts, and will save the state about $64 million annually. The Governor has added
approximately 5,000 jobs in his tenure, meaning the cuts make up 42 percent of Bredesen hires.

From the beginning, the Administration was optimistic that those employees who will be targeted for the buy-outs will voluntarily take them. It was reported by the Tennessee Consolidated Retirement System last week that many state workers were interested in the buy-out plan, although they wanted to hear more details before committing to anything
concrete.

Education

This year’s budget protects education, and continues to fund the Basic Education Program, the plan by which the state disperses dollars to local school systems at last year’s same percentage of funding. Although there is no increase in the state’s percentage of BEP funds as was anticipated for this year, there is a required increase of $59 million to cover inflationary costs for the school systems.

For higher education, however, the state made a cut of roughly 4.1 percent, or about $56 million. The Tennessee Higher Education Commission is expected to work with the two systems, the Tennessee Board of Regents and University of Tennessee system, to distribute the cuts. Republicans are hopeful that the schools can make cuts wherever possible instead of simply passing the reductions along via tuition increases.

Lottery compromise reached in final hours

One of the most contentious and complicated issues of the year, the sweeping lottery scholarship legislation, passed both chambers this week. After a decision could not be reached by each chamber independently, both the House and Senate appointed a conference committee to examine the options. The conference committee, made up of both Senators and Representatives, presented a “conference report” to the legislative bodies to either be adopted or rejected. Ultimately, the House passed the measure with a vote of 92-2.

The final proposal is slated to give 12,107 students the opportunity to participate in the HOPE scholarship program. Many Republican lawmakers expressed concern, however, over the $27.5 million price tag. Members argued that the proposal stretched the lottery scholarship fund too thin, with the state spending more than the fund could ultimately sustain.

The legislation will allow a student to maintain the HOPE scholarship by keeping a grade point average (GPA) of 2.75 for 60 hours of classes. At the conclusion of 60 hours, in order to continue to receive the HOPE scholarship, the student must achieve a 3.0 GPA for the next semester or 12 hours and for the remainder of the students’ college career. The GPA is no longer based on a cumulative score, butonly based on semester averages. The new legislation also provides a one-time regain provision.

The legislation also provides for the following:

• $10 million to the Tennessee Student Assistance Corporation (TSAC) for the purpose of awarding need based grants, impacting 5,000 students;

• The “Helping Heroes” program, which is projected to assist approximately 375 students at $1.5 million over two years;

• A pilot project to provide students enrolled in dual enrollment courses with laptops, to benefit 100 students in each grand division;

• A full HOPE scholarship to two-year institutions with on-campus housing;

• Allowing students to maintain the HOPE scholarship for a full five years;

• Additional funds that become available will fund the Energy Efficient Schools program at $100 million

House unanimously approves “Long-Term Care Community Choices Act”

This year, the General Assembly passed a comprehensive long term care package that aims to use the dollars allotted to the state’s system more effectively by allowing seniors to “age in place.” Some of the key provisions in the legislation include greater access to home-based care, simplifying and streamlining the process, and adding more diversity to the system. Republicans have been championing the cause for several years and were pleased to see the measure
passed.

The “Long Term Care Community Choices Act of 2008” is designed to promote independence, choice, dignity, and quality of life for the elderly and/or people with physical disabilities who need long-term care support and services from the state’s TennCare program. The overhaul will include consumer-directed options that offer more choices regarding the kinds of long-term care services people need, where they are provided, and who will deliver them, with appropriate mechanisms to ensure accountability for taxpayer funds. The changes to the system will be phased in as new applicants are admitted over the next couple of years.

In Brief…

• House Bill 2486 passed the House of Representatives this week 96-0. The bill extends the Class E Felony charge of making false and malicious reports of physical abuse against children. Current law provides the Class E Felony sentence for instances of sexual child abuse; this legislation extends it to all instances of false reports of any child abuse.

• A measure championed by Republicans for several years passed the House of Representatives this week. House Bill 2718 enacts the “Tennessee Taxpayer and Citizen Protection Act.” The legislation authorizes various entities to manufacture identification documents so long as the entity’s name is printed upon the face of such ID. The bill includes various

• businesses, schools and other organizations. The special joint committee to study the administration of the death penalty was extended this week in the House of Representatives. House Bill 2733 lengthens the reporting period of the committee from one year from the appointment of all members to October 1, 2009. The measure comes in the wake of a Kentucky court case questioning the method of lethal injection as a violation of the 8 th amendment. Ultimately, the United States Supreme Court held that lethal injection did not constitute “cruel and unusual” punishment.

• House Republicans sponsored and passed legislation this week that make various clarifications to the Open Meetings Laws. House Bill 3637 makes clear that the open meetings requirement does not prohibit discussions or the communications of factual information between individual members of a governing body where the purpose is to educate members on a specific issue.

• House Bill 0164 passed the House of Representatives this Wednesday. The legislation prohibits certain convicted felons from possessing a rifle, shotgun, or any other firearm. Current law only prohibits against the possession of handguns. The bill stipulates the felony must be one using or attempted use of force, violence, or a deadly weapon or the felony is a drug offense.

• A measure to encourage environmentally friendly cars overwhelmingly passed the House of Representatives. House Bill 2794 adds alternative fuel and hybrid electric motor vehicles to the present list of vehicles authorized to drive in the High Occupancy Vehicle (HOV) lane.

• Revised State Budget
• StateEmployee cuts
• Higher education under the budget knife
• Brick and mortar projects for K-12 schools
• House approves changes to HOPE scholarship
  

Governor, Commissioner of Finance speak on revised budget plans

The Governor addressed a Joint Convention of the General Assembly this week to lay out his revised budget proposal to members of both chambers. As the state continues to learn more accurate numbers of revenue projections, lawmakers took time to examine where the most conservative and fiscally responsible cuts in growth could be made. Governor Bredesen, in his speech Monday night, advised the legislature that the state would need to “tighten our belt,” and reminded them that tough decisions lay ahead.

April 2008 was the worst month on record for revenue growth in Tennessee, and the third quarter of this fiscal year was the second worst quarter on record. Projections show that the fourth quarter—of which the state is halfway through—could be the worst on record. Two dozen states are currently facing budget shortfalls, some of which began last year. The total proposed budget is $27.4 billion, approximately half a billion less than last year’s $27.9 billion budget. Although the proposed budget forgoes any additions to the Rainy Day Fund, the state will not be dipping into the reserves for cash. The Rainy Day Fund is projected to reach $750 million by July.

State Employee cuts

The Administration is still proposing that 2,011 jobs—roughly 5 percent—in the executive branch be eliminated through voluntary buy-outs, which is expected to have a price tag of approximately $50 million. The one-time money would be taken from departmental reserve accounts, and will save the state about $64 million annually. The Governor has added
approximately 5,000 jobs in his tenure, meaning the cuts make up 42 percent of Bredesen hires. From the beginning, the Administration has been optimistic that those employees who will be targeted for the buy-outs will voluntarily take them. It was reported by the Tennessee Consolidated Retirement System earlier this week that many state workers were interested in the buy-out plan, although they wanted to hear more details before committing to anything concrete.

Basic Education funding safe; higher education faces cuts

The current proposed budget protects education, and continues to fund the Basic Education Program, the plan by which the state disperses dollars to local school systems at last year’s same percentage of funding. Although there is no increase in the state’s percentage BEP funds as was anticipated for this year, there is a required increase of $59 million to cover inflationary costs for the school systems. For higher education, however, the Administration is proposing to cut 4.1 percent, or about $56 million. The Tennessee Higher Education Commission is expected to work with the two systems, the Tennessee Board of Regents andUniversity of Tennessee system, to distribute the cuts. Republicans are hopeful that the schools can make cuts wherever possible instead of simply passing thereductions along via tuition increases.

House reaches agreement on “technical corrections” bill

In 2000, the legislature passed a law that set up family-owned non-corporate entities (FONCEs). These entities have enabled thousands of Tennessee families to pool their resources and purchase commercial property for the purpose of
long-term investing and receiving passing income. Families use FONCEs for covering a wide array of costs, such as college tuition, retirement or estate- planning purposes. Many families have utilized these LLCs and LPs because of their unique tax advantages and liability protection. The Governor’s debated “technical corrections” bill, House Bill 4129, contained a provision that would remove the franchise and excise tax exemption for family LLCs and LPs. The state’s franchise and excise tax is imposed on businesses for the privilege of doing business in Tennessee. General partnerships and sole proprietorships are not subject to the tax. Republicans expressed their concern that many Tennessee families who are simply trying to make ends meet in this difficult economy would be disproportionately impacted by requiring FONCEs to pay franchise and excise taxes. They argued that the provision is not “closing a loophole,” but a tax increase that would cost Tennessee families a substantial amount of money, making it very difficult to run a “mom and pop” business. Due to such objections, the FONCE provision was ultimately stripped from the bill, passing with a vote of 62-29.

House approves lottery legislation

With a vote of 92-1, the House approved the comprehensive lottery plan on Thursday night. The legislation, which the House addressed last year in the final hours of session without a final decision, changes the eligibility
requirements for Tennessee’s HOPE scholarship, which is funded through the Tennessee Lottery. Under present law, in order to retain the scholarship, the student must have at least achieved a 2.75 GPA, and then a 3.0 for each semester following. The legislation passed on Thursday by the House would keep the GPA requirement at a 2.75 GPA. Additionally, the bill allows students to drop from full-time to part- time without losing their scholarship. Currently, students who enroll as full-time and drop to part-time lose the scholarship. The changes are expected to cost $17.5 million in lottery revenue. The Senate version, however, would give students an extra year to bring up their GPA. It stipulates that if after the first and second year the student has maintained a 2.75, they must achieve a 3.0 by their junior to keep the scholarship. The Senate plan is projected to cost $7.2 million.

Brick and mortar projects for K-12 schools

With many local governments facing the same budgetary woes as the state, House Republicans fought for lottery reserve money to be sent back to local school districts in the form of capital outlay projects, as the state constitution requires. Republicans emphasized the need for K-12 school construction, as many school systems across the state struggle. The GOP plan called for setting a $250 million threshold to secure the lottery scholarship fund, making all the reserve money above that available for K-12 school construction. The money would be available through a dollar-for-dollar matching grant, and the amount given toeach school system would be granted on a per pupil basis. House Republicans proposed the plan last year, and garnered 69 votes on the House floor in the final days of last year’s session. Ultimately, however, the legislation was put on hold until 2008. The provision narrowly failed. Instead, a proposal that aims to make schools more energy efficient through both grants and loans won approval. Many Republicans argued that the plan does not put dollars where they are so desperately needed, pointing out that energy efficient windows were not a priority for schools with leaky roofs and children in portables.

Weekly Wrap In Brief…

House Bill 0583 was passed by the House of Representatives on Tuesday with a vote of 97-1, and will create a criminal offense for communicating a death threat to a school employee or a student.

The House also approved House Bill 4089 / Senate Bill 4104 with a nearly unanimous vote. The legislation authorizes, but doesn’t require, school systems to develop and offer an elective course that would study the Bible’s influence on art, music, culture, and history.

House Bill 1442 has successfully passed both chambers of the General Assembly and prohibits all members of county election commissions and the state election commissions from participating in the management or leadership of a political party of political campaign. In addition, commission members will not be allowed to publicly endorse a candidate for office.

Legislation passed in the House on Thursday will give even more opportunities to Tennessee students to learn through the creation of a Virtual Education Program. The program, established through House Bill 1872 / Senate Bill 2008, allows local school systems to create “virtual schools” which delivers a significant portion of instruction to its students via the Internet in a virtual or remote setting.

Next Week [*Times are subject to change]

Monday: Budget Subcommittee, Legislative Plaza Room 16, 9:30 a.m.
Finance, Ways, & Means Committee, Legislative Plaza Room 16, following
Budget
Calendar and Rules Committee, Legislative Plaza Room 16, following
Finance

Tuesday:
House Floor Session, House Chambers, 9 a.m.

House GOP leaders pleased with Supreme Court verdict upholding lethal injection

House GOP leaders said this week that they were pleased with the opinion issued by the U.S. Supreme Court in the Baze vs. Rees case that upheld the use of lethal injection as a means of execution. In a 7-2 ruling Wednesday, the Supreme Court held that Kentucky’s three-drug protocol did not amount to cruel and unusual punishment.

In September of 2007, U.S. District Judge Aleta Trauger ruled that Tennessee’s method of lethal injection was unconstitutional. Soon after, Governor Phil Bredesen issued a moratorium pending the outcome of the death penalty case facing the U.S. Supreme Court. As a result, two executions were put in jeopardy of not being carried out. Pervis T. Payne was scheduled to be executed on December 12, 2007, for two counts of murder stemming from a brutal stabbing he committed in Shelby County. Mass-murderer Paul Dennis Reid gunned down seven victims execution style, killing more people than anyone else on Tennessee’s death row, and drawing seven death sentences.

The Republican leaders pointed out that by the time a criminal in this state reaches the point of execution, they have been afforded every opportunity—appeals, access to lawyers, and judicial review—to ensure that their rights are properly carried out and protected. The leaders called for the Governor to lift the moratorium and carry out the executions as planned, adding that the justice a jury of their peers determined should be administered.

Ninety-six inmates reside on death row in the state of Tennessee, with the  next execution scheduled to take place in April of 2009.

Immigration provision killed on House floor

House Republicans attempted to add a commonsense immigration provision to a bill before the House on Thursday. The Republican-sponsored amendment would have clarified that employers are able to require that their employees speak English on the job. The move sparked outrage on the other side of aisle, and the amendment was killed, with a 51 to 46 vote.

Earlier this year, Republicans introduced legislation that would have enacted the “Protecting English in the Tennessee Workplace Act.” The bill, similar to that of Senator Lamar Alexander’s legislation on the federal level, specified that it is not an unlawful practice to require an employee to speak, or an applicant for employment to agree to speak, English while engaged in work. The sponsor argued that it was not unreasonable to protect businesses by clarifying that they are allowed to set their own policies, and that requiring that English be spoke on the job often boils down to a safety precaution. He cited businesses where employees are continuously handling toxic products or food containers, or in factories, where critical safety information is displayed in English. The bill eventually failed in the Employee Affairs subcommittee.

Long Term Care proposals moving forward

Republicans have been at the forefront of legislation to help elderly and disabled citizens “age in place” by receiving more home and community based care options — and generally to give them more choices about their health care.  This week marked the passage of House Bill 941 out of Health and Human Resources Committee, legislation that would offer financial allowances to consumers, giving them the freedom to choose which services they want within their spending plans.

The program began as a demonstration in Arkansas, Florida, and New Jersey. Currently, 12 more states are implementing self-directed personal care programs. Findings of a demonstration project jointly supported by the U.S. House and Human Services and the Robert Wood Johnson Foundation showed that recipients with disabilities who direct their own supportive services were significantly more satisfied and appeared to get better care than those receiving services through homecare agencies.

Another piece of legislation championed by Republicans for several years was rolled into an Administration’s bill and passed unanimously in the House this week. The bill encourages personal responsibility by rewarding those who purchase long term care insurance. Currently, to receive state dollars for long term care, participants are required to “spend down” their assets—sometimes losing family heirlooms or land. House Bill 4206 would allow those types of assets to be retained, dollar for dollar, to equal the amount of a long term care  insurance purchase, rewarding the participants and allowing them more freedom.

• House Bill 2750 passed out of Finance, Ways and Means this week and is making its way to the House floor. The bill would authorize a governing body to use electronic forms of communication that would be available to the public in an effort to solve some of the problems associated with the dust-up over the Sunshine Law in Knoxville. The sponsor said he believes that with technology expanding the way people communicate, using this technology could solve some of the problems with the Open Meetings Act.
• House Bill 1421, the “Competitive Cable and Video Services Act,” passed out of the Commerce Committee this week and is headed to Finance, Ways and Means. The Senate bill is moving forward as well, with legislators having announced last week that a compromise was finally reached on the legislation after nearly two years of negotiations.
• Two DUI bills saw passage this week, as Republican lawmakers continue their efforts to strengthen the state’s DUI laws. House Bill 831 requires a judge to impose on a DUI offender certain conditions such as participation in an alcohol and drug safety school, or a drug and alcohol assessment or treatment. House Bill 3661 would create within the TBI a “Repeat DUI Offender” registry of persons who have two or more DUI convictions and whose license is currently suspended or revoked. The registry would be available on the Internet, similar to the way sexual offender information is provided.
• The much-anticipated spring Sales Tax Holiday is approaching, and will occur April 25-27, 2008. The date, originally set for March 21-23 on Easter weekend, was changed by the General Assembly in order for consumers to enjoy the full three days of tax-free items. Consumers and retailers can call (800) 342-1003 Monday through Friday 8 a.m. to 5 p.m. or visit www.state.tn.us/revenue/salestaxholiday for more information.

• House Bill 2484 exempts places of worship from posting of signage to indicate nonsmoking enclosed areas as required by the Non-Smoker Protection Act. (Agriculture Committee)
• House Bill 3602 creates a statewide board of building appeals. (Commerce Committee)
• House Bill 3807 requires a utilization review of medical services in workers’ compensation cases to be done by a physician licensed in Tennessee in the same specialty as the physician providing the services. (Consumer & Employee Affairs Committee)
• House Bill 4029 creates a pilot program to make laptops available to juniors and seniors attending high school who are also enrolled in college courses at the eligible postsecondary institutions. (Education Committee)
• House Bill 2876 creates a Class D felony for fifth and subsequent DUI offenders with a minimum 360 consecutive day sentence; counts all convictions within 10 years of DUI date when calculating prior offenses and includes convictions of vehicular assault, vehicular homicide while intoxicated, and aggravated vehicular homicide. (Finance, Ways and Means)
• Senate Joint Resolution 0687 provides for the popular election of the lieutenant governor. (State & Local Government Committee)
• House Bill 2513 requires the Tennessee lottery corporation to use numbered balls in selecting lottery winners. (State & Local Government Committee)
• House Bill 2860 creates a presumption when determining the amount of bail that any defendant not lawfully present in the United States is a risk of flight; requires jailers to determine citizenship status of persons charged with a felony or with a second or subsequent DUI. (Budget Subcommittee)
• House Bill 2903 requires the general appropriations act to first fund K-12 education and then remaining functions of state government. (Budget Subcommittee)

Consensus reached on cable bill

Legislative leaders reached a consensus this week on the much-anticipated “Competitive Cable and Video Services Act.” Legislators held a press conference this week to announce that they had come to an agreement, stating that all parties involved were pleased with the progress that was made, and that consumers would be the real winners of the hard work.

Representatives from the competing cable industries have worked on a compromise with legislative leadership for the past 14 weeks. The bill was put on hold a year ago, with the legislature adjourning before a decision was reached. It passed House Commerce Committee this week, and is now headed to Finance, Ways and Means. Leaders said they believe the passage of the bill will expand competition, jobs, choice for consumers, and investment in Tennessee with broadband infrastructure.

Under House Bill 1421 / Senate Bill 1933, new cable competitors could obtain a 10 year franchise certificate from the Tennessee Regulatory Authority (TRA) beginning July 1. Existing providers would continue to pay local franchise fees directly to local government. New competitors operating under a state franchise would also pay for access permits to right of ways for cable lines. In addition, the bill requires service providers to continue allowing access to PEG channels (public, education, and government programming).

With regards to consumer protection, the bill specifically prohibits discrimination based on income or race with strong penalties against violations. Similarly, existing cable companies would be required to continue to serve unprofitable areas. New providers must demonstrate at the end of 3.5 years that 25 percent of the households with access to the service are low income. All providers must meet FCC mandated customer service standards and the TRA can require credits if a provider does not remedy service complaints.

Legislators said the expansion of high speed broadband to un-served and under-served communities was one of the key provisions of the legislation in order to foster access to rural areas of the state. Video providers that deploy broadband in new areas will get a four to one credit against their video build-out requirements in un-served areas, and a two to one credit in under-served areas, under the proposal. Local governments may subsidize broadband deployment to under-served areas if a TRA review determines no private sector interest exists.

Constitutional amendment to elect Lt. Governor granted approval by subcommittee

Senate Joint Resolution 687 cleared the first of many hurdles in the House this week by winning the approval of the State Government Subcommittee, but was amended to delete what proponents argue is a key component of the bill. SJR 687 is a constitutional amendment that would allow voters to elect their Lieutenant Governor and Secretary of State. The resolution would also solve a succession problem that was realized in 2006 when the Governor became ill due to a tick bite. It was determined then that there was no one to temporarily succeed the Governor should he become incapacitated.

Currently, if the Governor becomes incapacitated, the next in the line of succession would be the Lieutenant Governor, who also serves as Speaker of the Senate. The Attorney General recently opined that if the Lieutenant Governor were to assume the position of Governor, even if only temporarily, he or she would have to vacate their senate seat. If the Lt. Governor or the Speaker of the House (who follows the Lt. Governor in the line of succession) were to refuse, the unelected Secretary of State would then assume the position of Governor.

How would SJR 687 work?

After the gubernatorial primary, the candidate for each party would select a running mate that would serve as their Lieutenant Governor. The running mate would run on the same ticket as the Governor. The sponsor pointed out that we would not be creating a new position or adding a new salary, because the Lieutenant Governor would essentially replace the position of Deputy to the Governor, which is currently unelected.

The resolution also calls for a statewide elected Secretary of State, which the sponsor pointed to as a critical component to solving the succession problem. This component was stripped from the bill through an amendment that narrowly passed, in a move that the sponsor warned was problematic. Should both the Governor and the Lieutenant Governor be unable to serve, the Secretary of State would assume the position of Governor—and should therefore be elected by the people. The sponsor stated that while it may not seem likely that both the Governor and Lt. Governor would be either permanently or temporarily incapacitated, we must be prepared in this post-9/11 world.

Proponents of the legislation argue that there would be several advantages to restructuring the system via Senate Joint Resolution 687. The constitutional amendment would not only solve the succession problem, but it would also provide an opportunity for more diversity in the Executive Branch. Further, the Secretary of State—being in charge of elections—would be accountable to the voters, not the elected officials.

The resolution has already passed the Senate, and must now work its way through the House. It could be on the ballot, letting voters decide whether or not they want to amend the constitution, as early as 2010. For that to happen, the resolution must pass the 105^th General Assembly (2007-2008) by a simple majority and the 106^th General Assembly (2009-2010) by a supermajority. The referendum would then have to receive 50 percent plus one of those voting for Governor in 2010.

In brief…

• House Bill 3339 will transfer jurisdiction of the Off-Highway Vehicle Act from Tennessee Wildlife Resources Agency to the Department of Environment and Conservation. It also includes a hold-harmless provision, which states that a person cannot sue the landowner if that person is injured on the landowner’s land. The intent of the general assembly is to encourage off-highway vehicle activities by limiting the civil liability of those facilitating or providing access to such activities. The bill is currently in the Conservation and Environment Committee.

• A house joint resolution that urges the Department of Education to study and develop lesson plans for parents to utilize in conjunction with the Books from Birth program is on its way to the House floor. The sponsor said he hopes HJR 932 will take the already successful program one step further in fostering a sense of educational responsibility in our children and their parents.

• House Republicans are continuing their efforts to crack down on sexual offenders this year. House Bill 957 saw passage out of Judiciary Committee this week; the bill requires resident sexual offenders and violent sexual offenders to obtain and carry a driver license or photo identification card in a manner that allows law enforcement officers to ascertain the person is a sexual offender.

• Friday, April 11^th is Tax Freedom Day in Tennessee, with the national Tax Freedom Day on April 23^rd. The Tax Foundation describes the occasion

“Tax Freedom Day is a vivid, calendar-based illustration of government’s cost, and it gives Americans an easy way to gauge the overall tax take. We count every dollar that is officially part of national income according to the Department of Commerce’s Bureau of Economic Analysis, and every payment to the government that is officially considered a tax is counted. Taxes at all levels of government are included, whether levied by Uncle Sam or state and local governments.”

For more information, visit www.taxfoundation.org.

The week ahead…

• House Bill 3715 requires meat for milk from cloned animals and all food for human consumption that has been genetically altered or modified to be labeled as such and that notice is appropriately given to the public. (Agriculture Committee)

• House Bill 2883 creates the legal status of a de facto custodian and provides standards and procedures to be used by a court to determine if a person should be awarded permanent custody or joint custody of a child. (Children and Family Affairs Committee)

• House Bill 3019 prohibits buildings in which educational activities are conducted from being treated as schools for fire safety and building code inspection purposes when the primary purpose of such facilities is not for educational activities. (Commerce Committee)

• House Bill 4029 creates a pilot program to make laptops available to juniors and seniors attending high school who are also enrolled in college courses at eligible post-secondary institutions. (Education Committee)

• House Bill 2750 authorizes a governing body to allow electronic communication between members under certain conditions in an effort to expand ways elected officials can effectively communicate with one another. (Finance, Ways and Means Committee)

• House Bill 1231 requires the commissioner of finance and administration to seek a new federal waiver or an amendment to the TennCare waiver in order to implement a personal health accounts program. (Health and Human Resources Committee)

• House Bill 955 requires the TBI sexual offender and violent sexual offender registration form to disclose the number of different victims involved in the offenders’ convictions. (Judiciary Committee)

• House Bill 3661 creates within the TBI a “Repeat DUI Offender” registry of persons who have two or more DUI convictions and whose license is currently suspended or revoked, and also makes this information available on the Internet. (Judiciary Committee)

• House Bill 3155 would require the governor to declare a day of mourning and fly the state flag at half-staff over the state capitol whenever a Tennessee member of the armed forces is killed in action or dies from combat-related wounds and stipulates that the flag be delivered to the deceased member’s family. (State and Local Government Committee)

DUI package delayed by committee

The Criminal Practice and Procedure Subcommittee considered DUI bills this week, many of which were proposals rolled out by Republicans at the beginning of session as part of a comprehensive package to discourage drunk driving in Tennessee. Although they were pleased that some elements of the package received the committee’s approval, GOP leaders were disappointed as some of the proposals were delayed or effectively killed. Some of these elements may have hope with other sponsors, but the Republicans stressed that each portion of the comprehensive package is crucial to solving the problem and saving lives.

Among the proposals that were granted approval by the subcommittee were versions of the automatic license revocation and use of the ignition interlock devices. A Republican sponsored version of a bill that would increase the penalty for vehicular homicide as a result of the driver’s intoxication also cleared the subcommittee and will next be heard in the full Judiciary Committee. The GOP is hopeful that the package will not be passed piecemeal but instead will pass as a comprehensive effort—something they argue is vital to the safety of Tennessee’s roads.

Republican leaders announced in January that they would sponsor a comprehensive approach to combat drunk driving in the state of Tennessee. Among the proposals in the multi-faceted approach were automatic license revocation, a greater use of ignition interlock devices, a ban on open containers, and tougher penalties against repeat offenders and for those who refuse to take the BAC test.

Election bills move forward

Several election bills saw passage this week that will improve and ensure the quality and integrity of elections.

House Bill 3115 passed the House floor on Monday with a unanimous vote and would place safeguards around citizens’ sensitive voter information held by state and local governments. The sponsor touted the bill as a measure that would create safeguards and procedures for ensuring that confidential information regarding citizens is securely protected on all laptop computers and other removable storage devices. The bill has already passed the Senate, and will now face the Governor for a signature to become law.

The sponsor assured House members that the proposal’s costs were insignificant, and could even save money in the future. Passing the measure was particularly timely. Over the Christmas holiday in 2007, a laptop was stolen from the Davidson County Election Commission’s offices in Nashville. The missing laptop contained names, addresses, phone numbers and about 337,000 voters’ Social Security numbers. In the wake of the theft, questions were raised as to the strength of the security of the sensitive information.

Another election bill that saw passage this week was one that will prohibit a member of a county election commission or the state election commission from participating in the management or leadership of a political party or a candidate’s campaign. The Republican sponsor said the bill would ensure that the process was fair and would re-establish voter confidence in the election process. The bill, House Bill 1442, passed out of the State and Local Government Committee this week.

In the same vein, House Bill 1279 would require the state coordinator of elections to enter into agreements with other states for the purpose of comparing voter data to identify duplicate voter registrations. The bill passed out of a subcommittee this week, with the Republican sponsor informing the committee that when Kentucky compared their voter rolls with neighboring states, 8,000 duplicates were discovered.

Lastly, a bill that would require voting systems to produce paper versions of any ballot cast passed out of Elections subcommittee as well. House Bill 1282 would require the paper ballot in order to ensure the integrity of recounts, contests or random samplings to reduce voter fraud. The Republican sponsor stated that the measure would further guarantee voter confidence in the system if a voter knew their vote could not be manipulated. The bill will next face the State and Local Government Committee.

Republicans sponsor open government proposals

This week Republican leaders demonstrated the Taxpayer Transparency in Government Act, a measure that would make the state’s budget more open and accessible to the general public. Republican members gathered to discuss the possibility of Tennessee developing a  website similar to one run by the federal government and other states including Kansas, Texas, Minnesota, Missouri, Nebraska, New York, Oklahoma, and South Carolina.  The Taxpayer Transparency in Government Act would establish a free, easy-to-use, searchable website that allows users to instantly explore state government revenue and expenditures.

The best sites allow taxpayers to search revenue and expenditures by agency, fund, program, object (such as grants or contracts), and vendor.  Details on payees include the name, address, document, number, processing date, and the amount. The majority of these states were able to produce their sites at little or no extra cost to the state.

During Wednesday’s meeting, Republican leaders explored Kansas’s website to help demonstrate how effective the site can be for citizens.  The bill’s sponsors believe that Tennessee taxpayers deserve to know where their tax dollars are going.  The Taxpayer Transparency in Government Act is a major step toward fulfilling this belief.

In the same spirit, a bill that proposes to harness technology for the purpose of opening the government process to the public successfully passed out of committee this week.  The bill would allow elected bodies to set up websites where they can instant message one another.  The “conversations” would be available for the public and the media’s viewing.  House Bill 2750 moves to the Finance, Ways and Means Committee next week.

In brief…

• House Bill 4066 cleared a House subcommittee this week. The bill, a long-time Republican Caucus initiative, would increase the maximum number of employees allowed under the Tennessee Small Employer Group Health Coverage Reform Act. The act provides a mechanism to make accident and health insurance available to small employers. Currently, only small businesses with 25 employees or less are eligible for the program. House Bill 4066 would increase that number to 50.
• House Bill 3891 successfully cleared the State and Local Government Committee on Tuesday. The bill, which was filed before the devastating tornados that swept though Tennessee, would allow TEMA to establish and administer a grant program to assist in the partial reimbursement of installation costs for safe rooms and in-ground shelters.
• A proposal that would have protected the right of business owners to require English on the job failed this week in the Employee Affairs Subcommittee, despite having passed on the Senate floor unanimously. The English in the Workplace Act, similar to that of Senator Lamar Alexander’s on the federal level, would simply have clarified that it is not against the law for businesses to require that English be spoken on the job.
• House Bill 1993 passed out of the committee system this week and will now be heard on the House floor. The bill changes the term for medical malpractice lawsuits to “health care liability action.” A health care liability action would include any lawsuit alleging injury related to the provision or failure to provide health care services, which names as a defendant a health care provider, health care facility, or employee of a health care provider.

The Week Ahead…

• House Bill 3661 creates within the TBI a “Repeat DUI Offender” registry of persons who have two or more DUI convictions and whose license is currently suspended or revoked. (Judiciary)
• House Bill 0852 rewrites the offense of leaving the scene of an accident to increase penalties depending upon culpability of driver, degree of harm, and the location of the accident. (Judiciary)
• House Bill 3069 provides that no penalty may be imposed for non-payment of traffic citation, based solely upon a violation recorded by surveillance camera, unless the citation is sent by certified mail. (Transportation)
• House Bill 4029 creates a pilot program to make laptops available to juniors in high school. (Education)
• House Bill 3059 creates a Class B misdemeanor offense of consuming alcoholic beverages while driving a motor vehicle on a public highway and a Class C misdemeanor offense of possessing an open container of an alcoholic beverage within the passenger area of a motor vehicle on a public highway. (State & Local)
• House Bill 3774 removes the prohibition on authorizing cyber-based public charter schools. (Education)

“Right to hunt” constitutional amendment passes 105th General Assembly

House Joint Resolution 108 passed on the House floor this week with overwhelming aproval. The constitutional amendment would add provisions to the state constitution establishing the right to hunt, fish, and harvest game subject to “reasonable rules and regulations.” An excerpt from the resolution reads:

Hunting and fishing are honored traditions in the state; citizens have enjoyed the bounty of Tennessee’s natural resources from the time prior to statehood, including hunting and fishing for subsistence and recreation; therefore, hunting and fishing is a vital part of the state’s heritage and economy and should be preserved and protected.

Having already passed the Senate this year, the amendment must now win the approval of the 106^th General Assembly next year by a two-thirds vote. The measure could be on the ballot for referendum as early as 2010.

“Pass the bottle” clears committee

The “Pass the Bottle” legislation, which would ban open containers in vehicles, and one of several DUI bills rolled out as a comprehensive effort to combat drunk driving, passed subcommittee this week and will next be heard in the State and Local Government Committee. The bill has met resistance for the last several weeks, however, members who previously seemed to oppose the bill wrangled over amendments, one of which lessened the charge for having an open container in a vehicle to a misdemeanor and a $50 fine.

If the bill is signed into law, federal funds to the tune of over $13 million could be returned to the road building account, and used in much-needed areas of maintenance such as road paving. Currently, the state receives the federal funds, but is restricted in how the money is spent. Due to these restrictions, much of it is now used for public safety campaigns.

Legislators participate in “Ag Day on the Hill”

Legislators participated in “Ag Day on the Hill,” an event sponsored by the House Agriculture Committee to raise awareness regarding the many things Tennessee farmers contribute to our economy and identity. Representatives from the Tennessee Farmers Cooperative, the U.S. Department of Agriculture, and produce, dairy and beef producers were all on hand to meet with legislators and discuss their initiatives and products. Below are some highlights:

Tennessee Farmers Cooperative: Despite a difficult year in which farmers were plagued with drought conditions, the Tennessee Farmers Cooperative reported a successful year due to the hard work and determination of their farmers. All of the state’s feed manufacturing facilities were designated Safe Feed/Safe Food Certified Facilities by the American Feed Industry Association, a rigorous process ensuring safe food.

U.S.D.A.: Although the number of farms in the U.S. decreased slightly, cash receipts from farm marketings increased by 11 percent. The top commodity in the state of Tennessee proved to be cattle.

Produce and Dairy: The Tennessee Department of Agriculture has rolled out a new website, http://www.picktnproducts.org/, that features great gifts, seasonal recipes, games, and where to find fresh produce, and hardy plants.

Dairy farmers reported that Americans are consuming more dairy than ever before. Per capita consumption of total milk has climbed to 605 pounds today from 552 in 1983. Tennessee is part of the Southeast United Dairy Industry Association, which also recently rolled out a new website, http://www.southeastdairy.org/.

For more information, please visit www.tennessee.gov/agriculture.

In brief…

• Schools: The House voted unanimously this week to pass legislation that requires school principals to grant students excused absences for up to 10 days for the purpose of visiting a parent who is stationed outside of the country. Currently, if a student’s parent, custodian, or other person with legal custody or control is a member of the United States armed forces or National Guard, a public school principal must give the student an excused absence for one day when the member is deployed and another day when the service member returns from deployment. Having already passed the Senate, the bill will now be sent to the Governor for his approval.
• Public Records: House Bill 2750 passed the Local Government Subcommittee this week, and will now be heard in full committee. The measure will allow elected bodies to set up websites where they can “instant message” one another, making the “conversations” available for the public and the media’s viewing. The bill was filed in response to the problems associated with the state’s Sunshine Law.
• Energy: The House voted this week to support House Joint Resolution 838, a measure that encourages the governor to establish a goal of reducing fuel consumption by at least 15 percent in the state’s vehicle fleet by June 30, 2010. The resolution was embraced by House members on both sides of the aisle. The sponsor said he believed that 2010 was a realistic goal to reduce the fuel consumption.
• Education: A bold education initiative called “Education Pays” was passed out of the House Education Committee, winning bi-partisan approval. The bill’s sponsor said he was extremely pleased that the Education Committee is thinking outside the box. The Education Pays Act creates a pilot program to give cash rewards to encourage academic achievement among at-risk students.

The week ahead…

• House Bill 3519 exempts home-based kitchens where non-potentially hazardous foods are made and the sale of such foods at farmers’ markets from department regulation. (Agriculture)
• House Bill 3715 requires meat or milk from cloned animals and all food for human consumption that has been genetically altered or modified to be labeled as such and that notice be appropriately given to the public. (Agriculture)
• House Bill 3865 requires all birthing hospitals to provide educational materials for parents of premature newborns. (Health and Human Resources)
• House Bill 3059 creates a Class B misdemeanor offense of consuming alcoholic beverage while driving motor vehicle on public highway and Class C misdemeanor offense of possessing open container of alcoholic beverage within passenger area of motor vehicle on public highway. (State & Local Government)
• House Bill 4023 prohibits the diminution in value of gift cards and gift certificates. (Consumer & Employee Affairs)
• House Bill 3991 creates new Class E and D felony offenses of assault on law enforcement officer; and Class B felony offense of aggravated assault on law enforcement officer. (Judiciary)
• House Bill 4042 authorizes human resource agencies to apply for grants and implement statewide an intervention program called “Moral Kombat.” (Education)
• House Bill 0009 creates K-12 lottery capital outlay special account; establishes grant program for capital outlay projects for K-12 educational facilities administered by comptroller of the treasury. (Education)
• House Bill 4185 adds a new classification of limited resource waters to the Water Quality Control Act of 1977. (Conservation & Environment)

A commonsense DUI measure appeared again this week before a House subcommittee after questions and concerns were raised two weeks ago. The “Pass the Bottle” legislation, which would ban open containers in vehicles, was one of several DUI bills rolled out by Republicans as a comprehensive effort to combat drunk driving. Currently, no driver may consume an alcoholic beverage or possess an open container of such while operating a motor vehicle, but passengers may consume alcohol. The bill sponsor, in his opening remarks, said this policy invites drivers to drink as long as there is a passenger to which they can “pass the bottle.”

The bill experienced some resistance in subcommittee last week, when members expressed concern over the ability of sober drivers to take friends home who are drinking, and also regarding sporting events, such as University of Tennessee football games. The same questions and concerns were raised this week, delaying the legislation once again.

In 2006, there were 1,287 fatalities on Tennessee roads with 509 due to alcohol-related crashes, a 7.6 percent increase from the previous year. Motor vehicle crashes are the leading cause of death among persons between the ages of 3 and 33, with 50% of the victims being in alcohol-related crashes. In addition, fifty-two percent of drivers that were involved in alcohol-related fatalities had BAC levels at or above .16.

Republicans argued that in addition to saving lives, the law would produce only positive revenue for the state, and would also allow $13 million in federal funds to be used for projects such as roads—currently, the money has very specified uses, restricting the state’s ability to use it as efficiently as possible. They also pointed out that 40 states have adopted such a measure, with several more considering it this year.

Tennessee has only five of the eleven elements proposed by the National Transportation Safety Board (NTSB) who have designed model legislation for a comprehensive approach to lowering the incidence of DUI in states. In addition to lowering the level for extreme drunk driving, NTSB also urges adoption of legislation to enhance vehicle impoundment, zero tolerance or lowering blood alcohol levels for repeat offenders, and enactment of an automatic license revocation program (ALR). The NTSB claims ALR is a major factor proven to reduce alcohol-related car crashes. Without ALR, the offender can get back on the road as soon as they are sober enough to drive.

Finally, the NTSB urged passage of a more uniform and mandatory system for installation of interlock devices to immobilize the vehicle of a drunk driver upon detection of alcohol in their body. 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. Republicans are focused on passing many of these DUI laws this year in their comprehensive package, bringing Tennessee up to speed with the majority of states in the nation.

Flag bill nearly scuttled in committee

House Bill 3155 was nearly scuttled in the State and Local Committee this week, over concerns by the Bredesen Administration. The Republican bill would require the governor to proclaim a day of mourning and to fly the state flag at half-staff over the state Capitol whenever a Tennessee member of the armed services is killed in action or dies from combat-related wounds, after which the flag would be delivered to the deceased member’s family. The administration argued that the law should only apply to local government buildings, noting that the flags at the Capitol are lowered for occasions and not individuals.

The Republican sponsor said the measure was not controversial, but simply a way to honor Tennessee’s brave men and women who give their life for our country. With the concerns unresolved, the bill was deferred until next week.

In brief…

• A bill that will change the spring sales tax holiday has passed the full House. The bill will move the spring sales tax holiday from March 21-March 23 to April 25- April 27, so that the holiday will not fall on Easter. The Senate has already approved the measure, and the Governor is expected to sign it soon.
• House Bill 3943 passed Education Committee this week, and will next be heard in Finance, Ways and Means Committee. The bill, if passed, would allow teachers to take leave without penalty to visit a spouse, child, or parent deployed for military duty.
• A House Joint Resolution that urges the Governor to establish a goal of reducing fuel consumption by at least 15 percent in the state’s vehicle fleet by 2010 passed the State and Local Government Committee this week. The Republican sponsor pointed toward the recent trend to more environmentally friendly vehicles, believing that the state should set an example. The bill is expected to reach the House floor soon.
• In the same vein, House Bill 2794 would add alternative fuel and hybrid-electric motor vehicles to the present list of vehicles authorized to drive in high occupancy vehicle (HOV) lanes. The bill passed out of the Public Transportation subcommittee, and will next face the full Transportation Committee.

The week ahead…

• House Bill 2511 prohibits investigative or enforcement actions of violations of environmental laws based solely on information submitted by an anonymous source (Environment)
• House Bill 2633 replaces authorization for the Commissioner of Commerce and Insurance to regulate boxing, kickboxing, and mixed martial arts with a new athletic commission (Commerce)
• House Bill 3991 creates new Class E and D felony offenses of assault on law enforcement officer; and Class B felony offense of aggravated assault on law enforcement officer (Judiciary)
• House Bill 2949 requires regulating entities to notify a holder of a license, certification, or registration of applicable laws and changes in applicable laws (State & Local Government)
• House Bill 2978 requires .5% reduction of sales tax on food in next fiscal year when surplus revenues exceed $50,000,000 in current fiscal year (Government Operations)
• House Bill 3399 requires local law enforcement agencies to increase patrols around high schools whose students are at risk of being exposed to criminal activity before or after school (Education)
• House Bill 2587 clarifies that kerosene sold directly to a consumer for residential use is tax exempt (Budget Subcommittee)
• The House will likely take up a resolution during the Monday session that states their position on the boundary dispute raised by the General Assembly of Georgia. House Joint Resolution 919 states that “the Tennessee-Georgia boundary has been properly established.”

Two people will be testifying before the committee on Lundberg’s behalf. Laura Dial, Executive Director of the Tennessee Chapter of MADD, and Lt. David Corman of the Traffic Section of the Metro Nashville-Davidson County Police Department will be on hand to discuss the legislation’s many benefits.

The bill experienced some resistance in subcommittee last week, when members expressed concern over the ability of sober drivers to take friends home who are drinking, and also regarding sporting events, such as University of Tennessee football games.

Lundberg responded that he was from East Tennessee and understood the concerns, but that safety had to come first. “The bottom line is that this state must reform our drunk driving laws. There must be consequences for irresponsible actions—actions that kill and that put other law abiding citizens in grave danger,” he added.

In 2006, there were 1,287 fatalities on Tennessee roads with 509 due to alcohol-related crashes, a 7.6 percent increase from the previous year. Motor vehicle crashes are the leading cause of death among persons between the ages of 3 and 33, with 50% of the victims being in alcohol-related crashes. In addition, fifty-two percent of drivers that were involved in alcohol-related fatalities had BAC levels at or above .16.

“Our national highway experts have rightfully pointed out the flaws in our DUI laws. We fall short of half of their recommendations. That is unacceptable. We will work hard to make sure our roads are safer than this,” concluded Rep. Lundberg.

Lawmakers from the Senate and the House held a press conference this week to promote key healthcare proposals aimed at helping elderly and disabled Tennesseans receive more options in their healthcare, including staying in their homes for as long as possible.

The long term care legislation is part of a series of bills aiming to help citizens “age in place.” One bill, which has already passed the Senate health committee, calls for a pilot program that allows individual patients to choose from specific services that fit their needs and also allows them to choose who performs the tasks. Consumers would receive a monthly budget based on their needs, and could use the money to hire personal assistants, make home modifications, and more. Legislators stressed the importance of the legislation, saying that Tennessee should give its seniors more options with regards to home and community based care, noting that whereas some citizens need the 24 hour attention a nursing home can give them, others simply need an assistant to come to their home a few times a week to give them a bath, assist with medication, or perform other household tasks.

Arkansas, Florida, and New Jersey were the pioneers of this self-directed health care concept. Since that time, 12 other states have expanded their choices. In Arkansas, there was a 40% reduction in nursing home admissions in the second year of the program, and the total Medicaid cost per person under the self-directed care plan was about he same as that for the traditional agency model. Studies show that, by every measure, self-directed care is succeeding and that consumers with this option are reporting greater satisfaction, better quality of life, and fewer unmet needs.A second proposal would encourage personal responsibility by rewarding those who purchase long term care insurance. Currently, to receive state dollars for long term care, participants are required to “spend down” their assets—sometimes having to dispose of family heirlooms, land, or other things that have sentimental value. The legislation would allow seniors to retain those assets, dollar for dollar matched with the private long term care insurance purchased.

Several other states have enacted similar laws, with more considering enacting them this year. The main crux of the bill, asset protection, is a key component of the program. For every one dollar of private long term care insurance paid, one dollar of personal assets would be protected should the policyholder ever need to apply for Medicaid services. For example, if someone had a $100,000 long term care policy, once those policy benefits have been exhausted the program would protect $100,000 worth of assets and still offer Medicaid benefits.

Tennessee spent approximately $1.1 billion on long term care last year. Out of the 22,000 seniors on Medicaid in Tennessee, only a few thousand receive home and community based care services. 98% of all monies spent on long term care are spent on nursing home care.

In brief…

• A bill that will change the spring sales tax holiday has passed through the committee system and will be heard on the floor next week. The bill will move the spring sales tax holiday from March 21-March 23 to April 25- April 27, so that the holiday will not fall on Easter. The Senate has already approved the measure.
• Representatives were encouraged this week to promote “Tennessee History for Kids,” an initiative that provides Tennessee students with the tools to learn and understand the history of the state. The website, http://www.tnhistoryforkids.org/ notes that most public school students in Tennessee have no Tennessee history or civics textbook, even though students in about half of the grades are required to learn parts of the subject every school year. Tennessee History for Kids is a public-private partnership whose governmental sponsors include Governor Bredesen, the Tennessee General Assembly, Tennessee Department of Education, the Tennessee Department of Tourist Development, and the Tennessee Department of Environment and Conservation.
• On Monday evening, the House of Representatives honored Tennessee’s historically black colleges and universities in a ceremony that included the Presidents from Meharry Medical College, Tennessee State University, Fisk University, American Baptist College, Knoxville College, Lane College, and LeMoyne-Owen College. The event was hosted by the Tennessee Black Caucus of State Legislators in honor of Black History Month.
• House Bill 2452 designates March 29^th as “Vietnam Veterans Day,” in order to honor those who served in the Vietnam War. The bill passed on the House floor on Monday, with all representatives present voting in the affirmative.
• The Former House Minority Leader Tre Hargett was confirmed this morning by the House of Representatives as a director to the Tennessee Regulatory Authority. The Senate has already voted to confirm Mr. Hargett.

The Week ahead…

• House Bill 3681 allows municipalities located within the large urban counties to select the color scheme of the municipality’s ambulances, provided that the color scheme is the same used for the municipality’s fire department vehicles. (Transportation)
• House Bill 583 creates a Class A misdemeanor for person communicating death threat concerning a school employee or student. (Judiciary)
• House Bill 2943 requires the department of education to develop and implement a college scholarship program promoting civic learning and good citizenship. (Education)
• House Bill 3943 requires school principals to grant students excused absences for up to 10 days for purposes of visiting a parent or legal guardian who is stationed outside the country and is granted rest recuperation by the United States military. (Education)
• House Bill 2615 is a bi-partisan measure creating a special joint legislative committee to study improvements to TWRA. (Conservation & Environment)
• House Bill 3112 specifies that in addition to the regular costs of an action, a court may award attorney’s fees and reasonable costs to establish marital fault. (Children & Family Affairs)
• House Bill 2915 prohibits printing a social security number on voter registration cards. (Finance, Ways, & Means)