• Sanctuary cities
• Recognizing home school & church diplomas
• Guns in restaurants
• Unemployment trust fund
• Tennessee statehood day

Sanctuary Cities immigration measure approved by House of Representatives

House Republicans successfully passed an immigration measure in the House Thursday morning that the caucus has been working on for several years. House Bill 1354 aims to curb illegal immigration by prohibiting local governments from enacting “sanctuary” policies, or policies that make it difficult for law enforcement and other local government employees to comply with federal immigration law.

A map of Sanctuary cites in the United States from the English Language Wikipedia

After the legislation passed with an overwhelming 80-8 vote, House leaders announced that they were pleased with the passage of the bill, which they said was a pre-emptive strike to guard against the adoption of sanctuary policies by cities in the state, and curb policies that protect illegal immigrants.

A “sanctuary city” is a term given to a city in the United States that follows certain practices to protect illegal aliens. Thirty-eight cities in the U.S. have been recognized as sanctuary cities, but many sources have identified over 200 city or county governments nationwide as having practiced such policies.

Home school diplomas to be recognized by state

Republican-sponsored legislation that aims to give home schoolers equal footing with public school students was signed into law by the Governor late last week. Senate Bill 433 requires the state, along with local governments, to recognize home school and church-related diplomas, giving them the same rights and privileges extended to those who earn public school diplomas.

Diploma's like this one are available for $5 online at freeprintablecertificates.net

Having long been advocates for home schoolers, House Republicans felt the move was needed to put home schoolers on equal footing with public school students. The sponsor of the legislation argued throughout the process that earning a home school diploma should not be diminished simply because the mode of teaching is different than that of a traditional public school.

Tennessee General Assembly votes overwhelmingly to override Governor’s veto of restaurant carry bill

Lawmakers were notified late last week that the Governor was planning to veto House Bill 962, which would allow legal carry permit holders to carry firearms into restaurants, provided they did not drink alcohol. The bill had originally passed by over two-thirds in both chambers of the legislature.

The Governor stated in his veto message that “guns and alcohol do not mix.” The House Republican sponsor fired back, responding that the bill prohibited carry permit holders from drinking alcohol and carrying a firearm, much as it was illegal to drink and drive. The sponsor said the legal carry permit holders of this state had proven themselves to be responsible individuals, and the bill was simply an attempt to expand their Second Amendment rights.

Thirty-six states have some form of restaurant carry, including seven of the eight states that border Tennessee. The General Assembly exhaustively debated the subject, with a supermajority determining that legal carry permit holders were responsible individuals who should be able to protect themselves. With both chambers having overridden the Governor’s veto, the bill will now become law on July 14, 2009.

Legislature votes to save unemployment trust fund from federal intervention

The House voted this week to save Tennessee’s unemployment trust fund from federal intervention, saying that the move was necessary to keep the federal government from completely taking over the nearly insolvent fund. The fund was approaching insolvency this year after the state unemployment rate approached 9.9 percent. With the highest unemployment in decades, the fund began to be drained of its resources.

The legislation that eventually passed the House will ensure that the unemployment trust fund remains solvent, and creates a series of automatic “triggers” that allow unemployment taxes to decrease if the fund’s balance reaches a certain threshold.

The trust fund dropped to about $120 million after the number of unemployed receiving benefits continued to grow. Without action by the legislature, the federal government would step in to shore up the fund, but with significant strings attached, and wrest away control from the state. This week’s move by the legislature will prevent that from happening.

Tennessee celebrated “Statehood Day” June 1st

Tennessee celebrated “Statehood Day” this week, a holiday that marks the anniversary of the state’s official admission into the Union. On June 1, 1796, Tennessee was the 16th state admitted after ratifying the Constitution. In honor of Statehood Day, some Tennessee trivia facts are listed below.

• When Tennessee became a state in 1796, the total population was 77,000.
• Andrew Johnson, who hailed from Greeneville, held every elective office at the local, state, and federal level, including President of the United States. He was elected alderman, mayor, state representative, and state senator in Greeneville. He served as Governor of Tennessee, Military Governor of Tennessee, and was elected to Congress and then to the U.S. Senate. He served as Vice-President of the United States until the assassination of President Lincoln, which elevated him to the Presidency.
• Hattie Caraway (1878-1950) was born in Bakersville, Tennessee (Humphreys County) and became the first woman United States Senator when her husband died and the seat was passed to her. She won re-election several times, before losing a primary and being appointed to the Employees’ Compensation Commission by President Franklin D. Roosevelt.
• Nashville’s Grand Ole Opry is the longest continuously running live radio program in the world. It has broadcast every Friday and Saturday night since 1925.
• Coca-Cola was first bottled in 1899 at a plant on Patten Parkway in downtown Chattanooga after two locals purchased the bottling rights to the drink for $1.00.
• Cumberland University, located in Lebanon, lost a football game to Georgia Tech on October 7, 1916, by a score of 222-0. The Georgia Tech coach was George Heisman—the man for whom the Heisman Trophy is named.

The Week Ahead…

**TIMES AND ROOMS SUBJECT TO CHANGE**
*All meetings will be held in Legislative Plaza Room 16 unless otherwise noted*
*Study Sub will meet, TBA*

Monday, June 8, 2009:

• Budget Subcommittee, 3:30 p.m.

Tuesday, June 9, 2009

• Budget Subcommittee, 10:00 a.m.
• Finance, Ways and Means Committee, 11:00 a.m.
• Calendar and Rules, 12:30 p.m.
• Session, House Chambers, 4:00 p.m.

Wednesday, June 10, 2009

• Joint Convention, House Chambers, 9:00 a.m.
• Further schedules TBA

Thursday, June 11, 2009

• TBA

• Abortion
• Charter Schools

Pro-life measure reaches House floor for first time; 106th General Assembly overwhelmingly approves

The State House of Representatives took action on Senate Joint Resolution 127 this week for the first time in the constitutional amendment’s long history. The proposal, which passed, aims to restore to the people of Tennessee their rightful authority to regulate abortion through their elected representatives, with an overwhelming 77-21 vote.

The Republican sponsor of the amendment said that, “There exists a powerful and pivotal passage in our state’s constitution which states that power is inherent in the people,” while calling for bipartisanship on the measure so that Tennesseans would get the opportunity to voice their opinion through the referendum process. House and Senate Republicans have worked for many years to see passage of the measure, and have now cleared the first hurdle in letting Tennesseans decide this matter once and for all, instead of activist courts.

The constitutional amendment is in response to the 2001 Tennessee Supreme Court decision in Planned Parenthood vs Sundquist, when the court created a right to unregulated abortion. The decision also prohibited the Tennessee legislature from enacting regulations governing abortions, arguably making Tennessee the most liberal state in the nation with regards to abortion laws.

The provision has never cleared the hurdle of the Public Health Subcommittee in the House. Republicans have fought since 2001 to pass SJR 127, believing Tennesseans should be allowed to weigh in on the issue. Republicans have argued that in the past, the initial vote of six in a subcommittee silenced six million Tennesseans.

The provision has already passed the Senate with a 24-8 vote. Because it has now passed the 106th General Assembly by a simple majority, it must pass the 107th General Assembly by two-thirds before appearing on the ballot in 2014.

GOP fights for public charter school legislation despite Democratic opposition

After weeks of debate in both the House K-12 Education Subcommittee and the full House Education Committee, Democrats locked down against the Republican sponsored public charter school legislation that would have expanded educational opportunities for children across the state.

House Bill 2146, which has already passed the Senate, would expand public charter school enrollment to all “at-risk” students, giving more Tennessee students more educational opportunities than ever before. House Republicans blasted Democrats for putting party politics over solid policy that would improve the lives of thousands of Tennessee students.

House Democrats admitted taking a caucus position against the legislation, essentially forcing Democratic members of the Education Committee to lock down against the bill. Republicans were disappointed, saying that the measure is needed now more than ever, and is particularly critical in urban parts of the state such Davidson County. The Republican sponsor pledged to work with her colleagues on the Education Committee to reach an accord so that the legislation could be brought up before session adjourns for the year.

Public charter schools are public schools that are given flexibility to operate without the constraints of some of the rules and regulations normally imposed on traditional schools. In exchange for this flexibility, they are held accountable for performance through a charter, which is an agreement between the local education agency (LEA) and the charter school. It requires a strenuous approval process by the LEA and an equally tough renewal process of the charter every five years. Tennessee has stringent accountability measures that ensure the schools are performing well.

Tennessee now has 16 public charter schools, with six more opening in the fall. The state currently has one of the most restrictive public charter school laws in the nation.

In case you missed it…

• A proposal that would allow Tennesseans to ship wine directly to their homes was passed by the House this week with a 78-17-3 vote, after months of negotiations. Specifically, House Bill 1155 stipulates that Tennessee consumers may purchase up to one case of wine per month, or no more than three per year, through direct shipment from a winery to their home. Upon delivery, proof of legal drinking age must be shown.
  
  Supporters also say the bill has the potential to bring a large amount of revenue to the state, and can also create jobs and spur entrepreneurship. Budget analysts say the legislation will bring in roughly $4.6 million in the revenue the first year, and almost $10 million in subsequent years. Local governments stand to receive between $1.1 and $2.2 million per year.
• Tennessee joined eight other states this year in moving forward with resolutions to declare sovereignty under the Ninth and Tenth Amendments to the United States Constitution. House Joint Resolution 108 will be presented on the House floor next week. If it passes, it must travel through the Senate before being sent to the Governor for consideration.
• House Bill 1354, the “Sanctuary Cities” legislation, passed the Judiciary Committee this week and now moves to the Budget Subcommittee. A “sanctuary city” is a term given to a city in the United States that follows certain practices to protect illegal aliens. Thirty-eight cities in the U.S. have been recognized as sanctuary cities, but many sources have identified over 200 city or county governments nationwide as having practiced such policies. The bill aims to discourage any Tennessee city from declaring itself a “sanctuary city” for illegal aliens, and aims to be a pre-emptive strike to guard against the adoptions of such policies by cities in the state.
• The House Health and Human Resources Committee has approved legislation to ban local governments or their boards from imposing requirements on restaurants to provide nutritional information on menus. House Bill 950 now faces the Government Operations Committee, and has already passed in the Senate.
  
  The concern is that some communities will impose different standards and significantly increase costs to small restaurant owners. In March, Davidson County’s Metro Board of Health voted to enact guidelines on providing nutritional information to customers for certain restaurants, even though Congress is considering the Federal LEAN Act. That act would implement a national standard generally accepted by restaurant owners to provide nutritional information to customers. Adopting a county-by-county approach to the disclosure of nutritional information increases costs to restaurants, many of whom are small business owners.

The week ahead…

• Monday, May 25, 2009: Holiday
• Tuesday, May 26, 2009
  • Calendar & Rules Committee, Legislative Plaza Room 16, TBA
  • House Session, House Chambers, 3:00 p.m.
• Wednesday, May 27, 2009
  • Budget Subcommittee, Legislative Plaza Room 16, 9:30 a.m.
  • Finance, Ways & Means, Legislative Plaza Room 16, 1:00 p.m.
  • Government Operations, Legislative Plaza Room 16, 3:00 p.m.
• Thursday, May 28, 2009
  • House Session, House Chambers, 9:00 a.m.

**TIMES AND ROOMS SUBJECT TO CHANGE**

• State Sovereignty
• Charter Schools
• SJR 127 (Abortion)
• Appropriations

State sovereignty resolution continues forward

Tennessee Joins 8 other states in reclaiming state sovereignty

Tennessee joined eight other states this year in moving forward with resolutions to declare sovereignty under the Ninth and Tenth Amendments to the United States Constitution. This week, House Joint Resolution 108 cleared the committee system, and will now be scheduled for a vote on the House floor.

The Ninth Amendment reads, “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” The Tenth Amendment specifically provides, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

The resolutions have been filed in response to what many state lawmakers believe is an increased level of fiscal irresponsibility on the federal level, and over-reaching by the federal government. Republican lawmakers in Tennessee argued that the federal government has handed down a series of unfounded mandates and directives that are dangerously close to violating the Ninth and Tenth Amendments of the Constitution.

The House is expected to take up House Joint Resolution 108 sometime next week.

Legislation to expand charter schools deferred for one week

Debate raged on in the House Education Committee this week, as the Republican-sponsored public charter school legislation, House Bill 2146, was presented. Once again, concerns centered on the issue of “cherry-picking” students in order to improve a public charter school’s ranking.

In addition to expanding eligibility to more students, the legislation clarifies funding and addresses rules for renewal of the public charter schools. Tennessee currently has one of the most restrictive public charter school laws in the nation. Charter schools are public schools that are given flexibility to operate without the constraints of some of the rules and regulations normally imposed on traditional schools. In exchange for this flexibility, they are held accountable for performance through a charter, which is an agreement between the local education agency (LEA) and the charter school. It requires a strenuous approval process by the LEA and an equally tough renewal process of the charter every five years.

Tennessee now has 15 public charter schools, with six more opening in the fall. Of those 22 schools, Nashville will have five, Chattanooga will have two, and Memphis will have 15. The Memphis City School System also is converting four schools to charters this fall.

Pro-life measure to be taken up next week on House floor for first time

Senate Joint Resolution 127, having completed its “second reading” on the House floor this week, continues its historic journey through the House, having never made it beyond the Public Health Subcommittee until this year. In previous years, Democrats have blocked the constitutional amendment in the subcommittee, a move that Republicans argued subverted the right of the people to vote on the measure. The constitutional amendment will finally be heard on the House floor next Monday evening, where House lawmakers are expected to vote on the measure.

The resolution would address an activist state Supreme Court decision in 2000 that struck down provisions in Tennessee law allowing women to receive “informed consent” information about the surgery and a requirement to wait 48 hours before they received an abortion. The court also ruled against a state requirement that all abortions after the first trimester be performed in a hospital. That ruling arguably made Tennessee more liberal than the courts required in Roe v. Wade and made the right to an abortion a “fundamental right” in Tennessee.

The provision has already passed the Senate with a 24-8 vote. If passed this year by the 106th General Assembly by a simple majority, it must pass the 107th General Assembly by two-thirds before appearing on the ballot in 2014.

House to begin debate on appropriations bill next week; technical corrections also scheduled for presentation

As the nation faces an economic slump, Tennessee’s State Funding Board recently returned dismal revenue projections for next year. In response, the Administration acknowledged that cuts and reductions cannot be ruled out to solve a pressing budget issue. The General Assembly will begin next week to review the appropriations bill, which funds the bulk of state government, and the technical corrections bill.

House Republicans said this week they would remain vigilant on dissecting the technical corrections bill, after discovering a provision in last year’s legislation that would have done away with Family Owned Non-Corporate Entities (FONCEs).

In case you missed it…

• A House panel has approved a measure that directs the Select Oversight Committee on Education to study the authorization of cyber-based charter schools in Tennessee and to report back to the General Assembly by January 15, 2010. Cyber schools have gained in popularity over the last several years as yet another educational option. Cyber schools primarily use a computer-based curriculum and accountability methods via Internet access. House Republicans believe the public cyber charter option is an attractive alternative for untraditional students or those with home-based needs. House Bill 1525 will now be heard in the House Finance, Ways and Means Committee.
• House Bill 250 passed out of the House Judiciary Committee this week, and aims to discourage underage drinking. The bill creates a misdemeanor offense of knowingly allowing a minor to drink or possess alcohol. The bill also contains a provision for failing to stop a minor from drinking.
• The House Judiciary Committee approved the Republican-sponsored House Bill 1762, which aims to protect parental rights. The bill, which was debated for nearly four hours after Democrats attempted to block the measure, requires doctors and hospitals treating minor children to release the results of medical tests and procedures performed to the child’s parents upon request.

The week ahead…

NASHVILLE, TN:  Legislation protecting the integrity of elections in Tennessee overcame its first hurdle towards passage this week with approval by the Senate State and Local Government Committee.   The bill requires voters to provide photo identification to guard against fraud and assure only U.S. citizens vote.

“Unfortunately, we know that voter fraud exists and that there are people who try to be dishonest in an election,” said Senator Bill Ketron (R-Murfreesboro), Chairman of the Committee and sponsor of the bill.  “This bill aims to curtail such abuse by making sure those persons voting are who they say they are.”
The bill, SB 150, provides for various forms of photo identification to be used including a driver’s license, military identification, a valid passport, government employee identification cards, and any federal and state-issued identification cards that contain photographs of the voter.  The legislation does not apply to those in nursing homes.  It also allows for those who are indigent to sign an affidavit swearing their status as an eligible voter.  In addition, the bill provides for a “provisional ballot” which would only be counted if the election counting board is able to verify current and valid identification of the voter within three days.

Last April a U.S. Supreme Court decision validated the right of states to require voters to produce photo identification.  According to the National Conference of State Legislatures, of the 24 states that have a voter-ID requirement, seven states specify a photograph be shown to prove identification, including neighboring states Georgia, Florida, and Louisiana.  In no state is a voter who cannot produce identification turned away from the polls.  All states have some recourse for voters without identification to cast a vote or provide for a provisional ballot.

The voter integrity legislation has been approved for the past several years in Tennessee’s State Senate but has failed in the House of Representatives along party lines with Democrats opposing the bill.

“This legislation makes it clear to everyone that Tennessee has the right to make sure that those voting are legitimately casting their votes, and are U.S. citizens,” added Senator Ketron.  “I am hopeful that this measure, which has been upheld by the courts, will be approved by the full General Assembly this year.”

Also on the agenda…

In other action in the State and Local Government Committee this week, legislation was approved to update the political composition of the State Election Commission which has been dominated by Democrats for generations.  State law currently requires that the political composition of the five-member State Election Commission be three members of the majority party and two members of the minority party.  In 2008, the majority party changed prompting the need to replace one Democrat on the state board with a Republican.  The terms of office for State Election Commission board members, however, are on a four-year cycle, which is in conflict with state law given the shift in power.

“The Republican Party, now holds the largest number of seats in the General Assembly,” said Senate Majority Leader Mark Norris (R-Collierville), sponsor of the bill.  “In order to reflect the new majority and comply with state law, we propose to temporarily add two new Republicans to the mix.  The Democrats are in mid-term and won’t go gracefully.”

Under the bill, SB 547, the new members would rotate off in two years when their terms of office expire.  The make-up of the board would consequently return to a five-member status after that time.

Tennessee law also requires county election commissions to reflect the change in majority status by giving Republicans three members of the five-member boards statewide.  Those terms of office will be up next month.

Finally, the Senate State and Local Government Committee approved legislation sponsored by Senator Doug Overbey (R-Maryville) requiring that a convicted felon must pay all fines and court costs imposed before being eligible to have their voting rights restored.  Currently, a person convicted of a felony must be pardoned, discharged from custody or supervision, and have paid all restitution to the victim of the offense to have their rights of suffrage restored.  This legislation, SB 440, would add the payment of fines incurred as a result of the felony as a condition for restoring the right to vote.

Legislation approved by Judiciary Committee strengthens rights of property owners

The Senate Judiciary Committee has approved legislation sponsored by Senator Randy McNally (R-Oak Ridge) to strengthen the rights of property owners in cases of eminent domain.  The potential for abuse of government power in cases of eminent domain has been a growing concern for citizens nationwide in recent years, particularly after the U.S. Supreme Court ruling, Kelo v. New London, which opened the floodgates.  The 5-4 high court decision condoned the rights of local governments to take private property for public use in the name of economic development.

After the Kelo case, many state legislatures moved into action in 2006 to improve their eminent domain laws, including Tennessee.  The legislation, SB 521 and SB 522, approved by the Judiciary Committee would further strengthen that law to provide additional checks and balances to protect citizens from abuse.

Tennessee’s 2006 post-Kelo law reiterated that a “taking” must be for “legitimate public use.”  It prohibited land used predominantly for agriculture production from being considered a blighted area.  It increased notification requirements for eminent domain action from 5 to 30 days, allowing land owners to receive a fair hearing in court with time to prepare their case and provided for attorney’s fees if the property owner is successful.  It also required government entities seeking eminent domain action to deposit moving and other expenses into an account for the owner of land seized through eminent domain.   The bill approved by the Committee this week would further strengthen that law by providing that approval must be given for eminent domain “takings” by the locally-elected governing body.  It also gives property owners the right of first refusal to buy back property from an eminent domain taking if it is not used for the purpose for which it was taken within ten years.

“The protection of homes and small businesses and other private property against unreasonable government seizure is a fundamental principle of our form of government,” said Senator McNally.  “These two additional protections will provide the checks and balances needed to make help safeguard against abuse.”

Senate Education Committee hears update on efforts to improve students’ health

The Senate Education Committee heard testimony this week regarding the state’s Coordinated School Health Program’s efforts to improve the health of students in Tennessee.  Coordinated School Health Director Connie Givens told the committee that the program is a national model that is making a significant difference to help Tennessee children make healthy choices and improve student performance.

Tennessee ranks among the highest states in the nation for the incidence of heart disease, stroke and diabetes.  Forty-one percent of students in the state’s schools are overweight or obese.  These adolescents have a 70 percent chance of becoming overweight adults who are subject to these life-threatening health conditions.

Beginning as a pilot project, the program was implemented statewide in 2006.    That legislation was sponsored by Senator Bill Ketron (R-Murfreesboro), General Welfare, Health and Human Services Chairman Rusty Crowe (R-Johnnson City), Senator Steve Southerland (R-Morristown) and Speaker Pro Tempore Jamie Woodson (R-Knoxville), among others.  It provided for a Physical Education Specialist and a Coordinator of School Health position within the Tennessee Department of Education and called for 90 minutes of physical activity for K-12 students.

There are eight components to the Coordinated School Health Initiative including health education, physical activity, nutrition services, school health services, counseling, a healthy and safe school environment, community involvement and health promotion for school staff.  The program also partners with other health care agencies to provide a vast array of health screening services to accomplish those goals.  Givens said the results of the program have included reduced absenteeism, improved academic performance and higher graduation rates.

Research shows that poor health habits in children are associated with poorer academic achievement.  It also shows schools that offer intense physical activity programs have shown positive effects on student academic achievement.

The Committee, in partnership with the American Heart Association, also honored three Tennessee schools for excellence in implementing the Coordinated School Health Law.  Lincoln County High School received “highest honors” for outstanding achievement by a Tennessee high school, E.O. Coffman Middle School in Lawrence County received the award for excellence in a junior high school, while North Stewart Elementary School in Stewart County topped the list for elementary schools.

Turning the tide on Tennessee’s disturbing health status to help future generations make healthy choices is important not only to improve the health of individuals but also for the economic health of the state due to rising health care costs.

Finance Official updates Senate Finance Committee on federal stimulus money

State Finance Commissioner Dave Goetz appeared before the Senate Finance Committee this week where he continued to urge caution regarding the stimulus money coming to the state through the federal U.S. Economic Recovery Act.  The state has revised its statistics on how much will be coming into Tennessee to $4.5 billion over a two-year period.  Earlier predictions were in the $3.8 billion range.

Goetz said he is cautioning leaders at all levels of government in Tennessee to remind them it is a temporary assistance plan and that if recurring expenses are involved to expect the money to disappear at the end of the two-year period.  He also said the federal government is issuing guidance on how the money must be spent daily and that there is nothing to prohibit the federal government them from changing its mind at any time regarding those rules.

Senate Majority Leader Mark Norris questioned Goetz and Department of Transportation Commissioner Gerald Nicely about the need to implement an orderly process to the lawful expenditures of stimulus funds.

“The State Constitution mandates that all expenditures are subject to appropriation by the Legislature,” said Leader Norris.  “The governor has given us his word that he will comply.”

Issues in Brief

Hunting and fishing rights / SJR 30 — The Senate Judiciary Committee approved a resolution this week to amend Tennessee’s Constitution to protect the rights of citizens to hunt and fish.  The measure will be voted on in the same manner as the “Victim’s Rights Amendment” in 1998, the “State Lottery Scholarship Amendment” of 2002, or the recent amendment to give property tax relief to the elderly.  The measure was approved in the 105th General Assembly but must pass by a two-thirds majority in the current legislature before citizens can expect to see the resolution on the ballot in November 2010.

Abortion / SJR 127 – Legislation was filed on Monday by Senator Diane Black (R-Gallatin) to give Tennesseans the opportunity to restore their voice in determining what state law should be regarding common sense protections for abortions.  SJR 127 passed the State Senate overwhelmingly last year but failed along party lines with Democrats voting against the measure in a House Subcommittee.  The resolution addresses a State Supreme Court decision in 2000 that struck down provisions in Tennessee law allowing women to receive “informed consent” information about the surgery and to wait 48 hours before they receive an abortion, making Tennessee more liberal than the courts required in Roe v. Wade.  The earliest this amendment, if approved, could go to voters is 2014.

Coal Fly Ash – Legislation was presented by Senator Tim Burchett (R-Knoxville) to the Senate Environment Committee this week to ban the future storage of coal fly ash in lagoons.  The bill, SB 1559, would prohibit the State Conservation and Environment Department from issuing a permit for disposal of fly ash in holding ponds.  It also prohibits issuance of a permit in landfills unless they contain a liner for protection of groundwater and are capped properly.  Debate on the bill will continue in the committee next week.

Vacancies / County Commissioners — The full Senate passed legislation this week to correct a problem arising from an interpretation of a 2008 law that revised procedures for filling vacancies by a county commission.  That law required a county commissioner to resign from the county commission if they accept an appointment made by that governing body.  Some attorneys have interpreted this to include any appointments made by the county commission, including internal appointment to boards and committees, such as budget and finance committees, beer boards, ethics committees etc.  The legislation, sponsored by Senator Doug Overbey (R-Maryville) clarifies that it was not the intent of the 2008 law to prevent a county commissioner from serving on any board or commission if he or she could lawfully serve on that board prior to the act.

Rep. Kent Williams, Speaker of the House, 106th Tennessee General Assembly

In the apparently ongoing uproar over the newly elected House Speaker’s continued and unrepentant presence in the Republican Party, harsh feelings persist.

In an unprecedented move, Republican Lt. Governor and Speaker of the Senate Ron Ramsey has told his fellow Republican, House Speaker Kent Williams, that he ought to quit the Republican Party.

Ramsey said he talked with Williams about this situation in his (Ramsey’s) office:

Lt. Governor Ron Ramsey calls Senate into session

“I think it would be better for him if he was to be independent. I think it would be better if he made that choice instead of being kicked out of the party.” Ramsey contends that, “the whole atmosphere, the whole situation would work better if he was an independent.”

Ramsey was attending the Tennessee Press Association winter meeting, which was being held in downtown Nashville, when he made these comments. On Monday, GOP chair Robin Smith is supposed to announce whether the party is going to throw Williams out.

Rep. Gary Odom, D-Davidson County

Also at the TPA meeting, House Democratic Leader Gary Odom said Williams could join his party. “If the Republican Party wants to remove him, I would welcome him on my side of the aisle. I’d like the title of majority leader instead of just Democratic leader.”

As part of a panel discussion, former Senator Bob Rochelle predicted the GOP will kick Williams out. “Never underestimate the ability of the Republican Party to screw things up,” he said. Rochelle, who is a Democrat, said in punishing Williams, the party is trying to assert control of the legislature’s decisions, which rob voters of independent thinkers.

Rochelle offered that state lawmakers will not linger long on all the ill feelings over Williams’ election as speaker. He told the press association that, “The dynamic is, whether you’re a Democrat or a Republican, you’re looking for votes. You’re looking to get things done. The Legislature will be in its usual stance, which you won’t like either.”

Lobbyist Mark Greene commented that, “It’s really uncharted waters up there now. The level of animosity and really sheer hatred right now is off the scale.”

Source: The Nashville Scene Online, TN Press Association

Michael S. Steele at 2008 Republican National Convention

Michael S. Steele, former lieutenant governor of Maryland, was elected chairman of the Republican National Committee on January 30. He is the first African American to ever hold this position. Prior to his elevation to RNC Chairman, Steele served as chairman of GOPAC and worked as a partner at the law firm of Dewey & LeBoeuf.

He was elected and served as Lieutenant Governor of Maryland from 2003 to 2007. Steele was the first African American to hold a state-wide office in Maryland and the first Republican lieutenant governor in Maryland’s history. During his tenure as lieutenant governor, he was the highest-ranking African American elected official in the United States.

With the election of the new Republican National Committee chairman, the Republican Party leadership hopes to begin making strides in renewing itself and reasserting itself as a relevant voice of America. The fact that Steele was elected over several more traditional candidates is seen as a sign that the GOP is getting on board the “change” train and sending a message that they can be moderate and sane. Some have asserted that this “change” would allow the party to expand its appeal beyond  adherents of intolerance, Toby Keith fans and religious conservatives, which many had criticized it has having catered to too heavily at the expense of its moderate members.

Michael S. Steele, newly elected RNC Chair

Steele is known as a moderate voice in the Republican Party circles. He was well aware he was an outsider at the election. He was considered an outsider because of his politics. He is a moderate Republican who isn’t a member of the RNC. He has been criticized for being Republican in name only. He created a stir when he publicly upbraided President Bush for his handling of the Iraq War and the aftermath of Hurricane Katrina.

Steele faced stiff opposition from several more traditional candidates. Incumbent committee chair Mike Duncan lost his steam after the first round of voting and dropping out. The race came down to Steele and Katon Dawson, head of the  South Carolina Republican Party, who represents a view of the Republican party more in step with the Bush administration.

The turning point for Steele came when his only African-American rival, Ken Blackwell, dropped out of the race after the fourth vote and endorsed Steele. Blackwell and Steele might get grouped together because they’re both black Republicans, but Blackwell is far more conservative, and his endorsement was a big win at a crucial time.

“Today is a historic day in the state of Tennessee. Our candidates earned the votes of Tennesseans, and took nothing for granted. We are extremely grateful to the voters of Tennessee for giving us the chance to lead, and we would like to thank all of the hardworking volunteers for their contribution to this historic moment.” ~~  Jason Mumpower

Leader Mumpower introduced the newly elected members:

• Tony Shipley, District 2
• Ryan Haynes, District 14
• Bob Ramsey, District 20
• Chad Faulkner, District 36
• Terri Lynn Weaver, District 40
• Joe Carr, District 48
• Josh Evans, District 66
• Vance Dennis, District 71
• Curtis Halford, District 79
• Barrett Rich, District 94

“The state faces a difficult year. Republicans remain committed to the small government principles of putting education first, keeping taxes low, and respecting the Second Amendment. We look forward with excitement to this opportunity,” he concluded.

I amuse easily. Which is why I tried hard to hold back a smile, a chuckle (at the irony), when I read of GOP Vice Presidential candidate Sarah Palin’s hacked e-mail.

The intrusiveness of that act, the back-door sneak attack on personal privacy is exactly what this Republican administration is doing to the American people every day: screening e-mails for “trigger”words, tracking travel of ordinary citizens, tapping phone lines,  seeking access to library records … the list of civil liberties and privacy issues invaded and run through the shredder by our government (which is supposed to be of the people, by the people, for the people) is endless. “Government hacking” is the crude term for citizen surveillance in the guise of homeland security.

Because we are “just ordinary people” that’s supposed to make it okay? I don’t think so. As we learned this week, when it comes to internet and computer hacking, rank doesn’t have its privileges, nor does legislative rank and file offer immunity from such attacks.

Perhaps if Palin or John McCain get back a bit of what their party and their President has been dishing out, they may think twice (I doubt it, but there’s always hope) about the ramifications of the laws and the bill of rights that the government and their President are systematically shredding, the undermining of civil liberties and free speech they increasingly enable, propose, and support. That persistent undermining of our basic rights erodes our faith in government, and most certainly in their party in power.

The hacker in question rooting through Palin’s e-mail is not of the government, he’s just a guy. With a business. With a certain set of skills, which he puts to questionable use.  And he hacked Sarah’s e-mail (and face it, hacking isn’t nice, it’s downright nasty), an account that she promptly closed. She’s ticked. Justifiably so. But I do wonder what he found (I haven’t looked), given that she has refused, among other things, to respond to a subpeona for records related to her political/ethical problems in Alaska. Given that she has put herself in the public eye, available for ethical, political and moral dissection under the public microscope, she has opened herself up to scrutiny.

Now granted, I shudder to think that my e-mail could be hacked, that my personal writings could be read by others. Like Sarah, I’d be really ticked. But there’s nothing there that I wouldn’t, or haven’t already said, out loud, in public, often in print.  It’s just how I am. I would, however, be infuriated by the audacity of a stranger peering into my personal business and figuring out that I want another shot at visiting The Three Windows and honoring the grounds of the Goddess (does that make me Wiccan, Pagan maybe?) at Machu Picchu (Sarah’s Wasilla church won’t like me).

Okay, Sarah. Time to look through that Republican lens and know firsthand a bit of what it feels like when our government hacks us.

I attended the Welcome Home rally for Sarah Palin this morning.  Hooo.  It was an experience. About a thousand (maybe) hard-core Palin supporters showed up to hear her speak at the new Dena’ina Convention Center in downtown Anchorage.

An estimated 1400 people mobilized to protest Palin for the VP slot on the Republican ticket.

After shaking it off with a good double shot of espresso, and a brisk walk back to my car, it was time to head to the Alaska Women Reject Palin rally.  It was to be held outside on the lawn in front of the Loussac Library in midtown Anchorage.  Home made signs were encouraged, and the idea was to make a statement that Sarah Palin does not speak for all Alaska women, or men.  I had no idea what to expect.

Click here to view the embedded video.

The sign says it all!

The rally was organized by a small group of women, talking over coffee.  It made me wonder what other things have started with small groups of women talking over coffee.  It’s probably an impressive list.  These women hatched the plan, printed up flyers, posted them around town, and sent notices to local media outlets.  One of those media outlets was KBYR radio, home of Eddie Burke, a long-time uber-conservative Anchorage talk show host.  Turns out that Eddie Burke not only announced the rally, but called the people who planned to attend the rally “a bunch of socialist baby-killing maggots”, and read the home phone numbers of the organizers aloud over the air, urging listeners to call and tell them what they thought.  The women, of course, received many nasty, harassing and threatening messages.

So, as I jettisoned myself from the jaws of the ‘Drill Baby Drill’ crowd and toward the mystery rally at the library, I felt a bit apprehensive.  I’d been disappointed before by the turnout at other rallies.  Basically, in Anchorage, if you can get 25 people to show up at an event, it’s a success.  So, I thought to myself, if we can actually get 100 people there that aren’t sent by Eddie Burke, we’ll be doing good.  A real statement will have been made.  I confess, I still had a mental image of 15 demonstrators surrounded by hundreds of menacing “socialist baby-killing maggot” haters.

One man's sign leaves no doubt of his opinion on the GOP VP pick

It’s a good thing I wasn’t tailgating when I saw the crowd in front of the library or I would have ended up in somebody’s trunk.  When I got there, about 20 minutes early, the line of sign wavers stretched the full length of the library grounds, along the edge of the road, six or seven people deep!  I could hardly find a place to park.  I nabbed one of the last spots in the library lot, and as I got out of the car and started walking, people seemed to join in from every direction, carrying signs.

Never, have I seen anything like it in my 17 and a half years living in Anchorage.  The organizers had someone walk the rally with a counter, and they clicked off well over 1400 people (not including the 90 counter-demonstrators).  This was the biggest political rally ever, in the history of the state.  I was absolutely stunned.  The second most amazing thing is how many people honked and gave the thumbs up as they drove by.  And even those that didn’t honk looked wide-eyed and awe-struck at the huge crowd that was growing by the minute.  This just doesn’t happen here.

Then, the infamous Eddie Burke showed up.  He tried to talk to the media, and was instantly surrounded by a group of 20 people who started shouting O-BA-MA so loud he couldn’t be heard.  Then passing cars started honking in a rhythmic pattern of three, like the Obama chant, while the crowd cheered, hooted and waved their signs high.

So, if you’ve been doing the math…  Yes.  The Alaska Women Reject Palin rally was significantly bigger than Palin’s rally that got all the national media coverage!  So take heart, sit back, and enjoy the photo gallery.  Feel free to spread the pictures around (links are appreciated) to anyone who needs to know that Sarah Palin most definitely does not speak for all Alaskans.  The citizens of Alaska, who know her best, have things to say.

Editor’s Note: Mudflats has a number of interesting commentaries on the upcoming presidential election and the candidates.

Click here to view the embedded video.

• 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)