Clarksville, TN Online » Higher education

Back-to-School Tax Breaks; New $2,500 College Credit Available

News Staff — Thu, 10 Sep 2009 13:00:58 +0000

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Washington — In support of the Administration’s efforts to promote access and affordability of college education, the Internal Revenue Service today launched a new Web section highlighting various tax breaks and 529 plan changes designed to help parents and students pay for college.

The new Tax Breaks for Education section on IRS.gov includes tips for taking advantage of long-standing education deductions and credits. The “one-stop” location for higher education information includes a special section highlighting 529 plans and frequently asked questions. The web section also features two key changes that will be in effect during 2009 and 2010 that were included in the American Recovery and Reinvestment Act (ARRA), enacted earlier this year.

One change allows families saving for college to use popular 529 plans to pay for a student’s computer-related technology needs. Under the other change, more parents and students will be able to use a federal education credit to pay part of the cost of college using the new American opportunity credit.

“With many families struggling to afford college, we want every eligible taxpayer to know about their options and take advantage of all the tax breaks they can,” IRS Commissioner Doug Shulman said. “529 plans have become a very attractive way to save for college, and our web section is designed to help people get information about these plans. In addition, the new American opportunity credit can help many parents and students pay part of the cost of the first four years of college.”

Here are further details on the expanded 529 plans and the new American opportunity credit.

529 Plans Expanded

Tax-free college savings plans and prepaid tuition programs can be used to buy computer equipment and services for an eligible student during 2009 and 2010. These 529 plans — qualified tuition programs authorized under section 529 of the Internal Revenue Code — have, in recent years, grown as a way for parents and other family members to save for a child’s college education. Though contributions to 529 plans are not deductible, there is also no income limit for contributors.

529 plan distributions are tax-free as long as they are used to pay qualified higher education expenses for a designated beneficiary. Qualified expenses include tuition, required fees, books, supplies, equipment and special needs services. For someone who is at least a half-time student, room and board also qualify.

For 2009 and 2010, the ARRA change adds to this list expenses for computer technology and equipment or Internet access and related services to be used by the student while enrolled at an eligible educational institution. Software designed for sports, games or hobbies does not qualify, unless it is predominantly educational in nature. In general, expenses for computer technology are not qualified expenses for the American opportunity credit, Hope Credit, lifetime learning credit or tuition and fees deduction.

States sponsor 529 plans that allow taxpayers to either prepay or contribute to an account for paying a student’s qualified higher education expenses. Similarly, colleges and groups of colleges sponsor 529 plans that allow them to prepay a student’s qualified education expenses. More information about these plans can be found on the new Web page on IRS.gov and in Publication 970, Tax Benefits for Education.

American Opportunity Credit Helps Pay for the First Four Years of College

The American opportunity credit modifies the existing Hope credit for tax years 2009 and 2010, making it available to a broader range of taxpayers. Income guidelines are expanded and required course materials are added to the list of qualified expenses. Many of those eligible will qualify for the maximum annual credit of $2,500 per student.

The American opportunity credit, in many cases, offers greater tax savings than existing education tax breaks. Here are some key features of the credit:

Tuition, related fees, books and other required course materials generally qualify. In the past, books usually were not eligible for education-related credits and deductions.
The credit is equal to 100 percent of the first $2,000 spent and 25 percent of the next $2,000. That means the full $2,500 credit may be available to a taxpayer who pays $4,000 or more in qualified expenses for an eligible student.
The full credit is available for taxpayers whose modified adjusted gross income (MAGI) is $80,000 or less (for married couples filing a joint return, the limit is $160,000 or less). The credit is phased out for taxpayers with incomes above these levels. These income limits are higher than under the existing Hope and lifetime learning credits.
Forty percent of the American opportunity credit is refundable. This means that even people who owe no tax can get an annual payment of the credit of up to $1,000 for each eligible student. Existing education-related credits and deductions do not provide a benefit to people who owe no tax. The refundable portion of the credit is not available to any student whose investment income is taxed at the parent’s rate, commonly referred to as the kiddie tax. See Publication 929, Tax Rules for Children and Dependents, for details.

Eligible parents and students can get the benefit of this credit during the year by having less tax taken out of their paychecks. They can do this by filling out a new Form W-4, claiming additional withholding allowances, and giving it to their employer. For details, use the Withholding Calculator on IRS.gov or see Publication 919, How Do I Adjust My Tax Withholding?

Though most taxpayers who pay for post-secondary education will qualify for the American opportunity credit, some will not. The limitations include a married person filing a separate return, regardless of income, joint filers whose MAGI is $180,000 or more and, finally, single taxpayers, heads of household and some widows and widowers whose MAGI is $90,000 or more.

There are some post-secondary education expenses that do not qualify for the American opportunity credit. They include expenses paid for a student who, as of the beginning of the tax year, has already completed the first four years of college. That’s because the credit is only allowed for the first four years of post-secondary education.

Graduate students still qualify for the lifetime learning credit and the tuition and fees deduction. For details on these and other education-related tax benefits, see Publication 970, Tax Benefits for Education.

IRS forms and publications can be viewed or downloaded on www.IRS.gov or obtained, without charge, by calling toll-free 1-800-TAX-FORM (829-3676).

What are they are up to at APSU

News Staff — Fri, 31 Jul 2009 04:39:29 +0000

APSU faculty, staff achieve goals through pursuits

Faculty and staff at Austin Peay State University recently brought recognition to the University through their professional, scholarly and personal development activities.

Christina Chester-Fangman, instruction librarian and assistant professor, had a “recipe” included in the Library Instruction Cookbook published by the Association of College and Research Libraries (ACRL). Unveiled at the recent American Library Association (ALA) Annual Conference in Chicago, Ill., the book is a practical collection of “learning recipes” that includes plans for conducting learning sessions and indicating how these exercises teach research skills from the ACRL Information Literacy Competency Standards for Higher Education. Her entry, “CABLE Cook-off: Learning to Evaluate Web Sites,” teaches undergraduate students five criteria by which they can judge Web sites to determine those that are appropriate to cite for college-level papers and projects.

Melony Shemberger, communication specialist in public relations and marketing, finished the Big Kids’ Triathlon (500-yard swim, 18-mile bike, 5-K run) held July 26 in Paducah, Ky., with an overall time of 1:56:10. She will compete July 31 in the annual Fancy Farm (Ky.) 5-K run and then Aug. 9 in an Olympic-distance duathlon in Mattoon, Ill.

Scott Shumate, digital services assistant in Woodward Library, presented APSU’s “Collaborative Veterans’ Oral History Project” at the Tennessee CONTENTdm User’s Group meeting held July 22 at Middle Tennessee State University.

New Tennessee laws are in effect

News Staff — Tue, 07 Jul 2009 14:00:34 +0000

Despite tight revenues, state finishes fiscal year on schedule, lawmakers save jobs, education programs. (See complete text below of newly published Public Chapters of the Tennessee Code Annotated.)

NASHVILLE – While several other states struggle to close out the fiscal year ending Wednesday, Tennessee has already published new laws passed during its recently completed legislative session.

“We didn’t have a $24 billion shortfall in revenue like the legislators in California are struggling with, but it was still a tight budget year in Tennessee,” Senator Lowe Finney of Jackson, incoming chairman of the Senate Democratic Caucus, said.

Still, we were able to protect our better schools program – pre-K in particular – and we can move ahead with projects that will put Tennesseans back to work.

That’s good for our families, our hometown economies and our state revenue. As more jobs begin to open up – thanks to projects like the West Tennessee industrial megasite – we can build a stable tomorrow for Tennesseans.

Among the laws now in effect:

Increased energy efficiency is now required in state buildings and vehicles.
Sex offenders are prohibited from being within 1,000 feet of certain places where children are likely to gather.
Tennessee driver’s licenses now print birthdates larger to make them easier for retailers to read.
Vending machines installed on state property after July 1 must use energy efficient lighting, and the new lighting must be installed on any that are repaired.

Public Chapters with 7/1/09 Effective Date

Topic	Chapter No	Doc Number	Description
Abuse	337	SB1776	As enacted, revises definitions of “adult” and “imminent danger” in the adult protection statute. – Amends TCA Title 71, Chapter 6.
Alcoholic Beverages	208	SB1947	As enacted, specifies that retailers are prohibited from selling intoxicating liquors to persons who are “visibly intoxicated” or accompanying a “visibly intoxicated” person rather than somone who is “drunk” or accompanying a “drunk” person. – Amends TCA Section 57-3-406 and Section 57-5-301.
Attorneys at Law	7	HB0416	As enacted, clarifies that certain government employees are not prohibited from providing pro bono legal services. – Amends TCA Title 8; Title 16 and Title 23.
Autopsies	276	SB1517	As enacted, creates Class A misdemeanor offense for unauthorized dissemination of autopsy materials. – Amends TCA Title 38 and Title 39.
Beer	314	HB0347	As enacted, authorizes a city or county to seek a criminal history background check or fingerprint check on an applicant for a beer permit and to enter into an agreement with the TBI to conduct a search on such information. – Amends TCA Title 57, Chapter 5, Part 1.
Boards and Commissions	497	SB2149	As introduced, establishes the “Tennessee state museum commission.” – Amends TCA Title 4.
Child Abuse	86	SB0810	As enacted, clarifies that the meaning of near fatality, for purposes of allowing public disclosure of confidential department of children’s services information relating to such, is a child having a serious or critical medical condition resulting from child abuse or child sexual abuse as reported by a physician who has examined the child subsequent to such abuse. – Amends TCA Title 37, Chapter 5.
Child Abuse	88	SB0866	As enacted, describes serious bodily injury in children to include second or third degree burns, bone fractures, concussion, and permanent or protracted disfigurement. – Amends TCA Title 39.
Child Abuse	89	SB0867	As enacted, describes dangerous instrumentality as any item in its manner of use or intended use as applied to a child that is capable of producing serious bodily injury. – Amends TCA Title 39.
Child Abuse	335	SB1530	As enacted, specifies that juvenile courts, general sessions courts, and circuit and criminal courts have concurrent jurisdiction to hear criminal prosecutions of child abuse and neglect. – Amends TCA Title 16, Chapter 15; Title 37, Chapter 1; Title 39, Chapter 15 and Title 40, Chapter 1, Part 1. -
Child Custody and Support	442	HB0804	As introduced, permits parents called to active military service that requires them to be out of state for more than 90 days to petition the court to assign their visitation rights during their absence to another person approved by the court. – Amends TCA Title 36, Chapter 6, Part 3.
Children’s Services, Dept. of	87	SB0853	As enacted, requires the department to consistently apply policies, rules, and regulations across the state; adds an annual legislative review of department policies and attached protocol and procedures; and requires the department to submit new policies for legislative review. – Amends TCA Title 37, Chapter 5, Part 1.
Children’s Services, Dept. of	358	SB0809	As enacted, clarifies that the department and any state or local agency records that contain information that identifies the person who made a report of child abuse or neglect are confidential; specifies limited exceptions. – Amends TCA Title 10, Chapter 7, Part 5; Title 36, Chapter 1, Part 1 and Title 37.
Consumer Protection	469	SB0812	As introduced, enacts the “Uniform Debt Management Services Act.” – Amends TCA Title 47.
Contractors	483	SB1417	As introduced, establishes as an unfair act under the Consumer Protection Act the practice of a general contractor requiring a subcontractor, as a condition of being awarded a job, to waive the subcontractor’s lien rights. – Amends TCA Title 47, Chapter 18; Title 47, Chapter 25; Title 62, Chapter 6 and Title 66, Chapter 34.
Correctional Programs	452	SB0104	As introduced, mandates the department of correction to develop and implement a society plan for every incarcerated prisoner for reentry into society. – Amends TCA Title 41.
Courts	427	SB0683	As introduced, prohibits any person who has, or has had in the past two years, a sexual relationship with a party or a party’s attorney from recording or transcribing for submission to any court or administrative tribunal any hearing in an action involving such party or such party’s attorney. – Amends TCA Title 24, Chapter 9, Part 1.
Courts, Juvenile	411	HB0327	As introduced, requires the juvenile court to work in coordination with any other court having jurisdiction over the child or the child’s family when requiring any parent or legal guardian of a child within the jurisdiction of the court to participate in any counseling or treatment program the court may deem appropriate and in the best interest of the child. – Amends TCA Title 16; Title 17; Title 18; Title 34; Title 36; Title 37; Title 39 and Title 40.
Criminal Offenses	83	SB0437	As enacted, creates Class A misdemeanor offense of possession of device, tool, or other item with the intent to use it, or allow it to be used, to unlawfully render inoperative a security device used or designed to prevent or deter the theft of retail merchandise. – Amends TCA Title 39, Chapter 14, Part 7.
Criminal Offenses	155	SB0294	As enacted, creates a Class A misdemeanor offense for a person to knowingly provide, transfer, or submit to any other person false identification for the purposes of obtaining or maintaining employment. – Amends TCA Title 39, Chapter 14; Title 39, Chapter 17 and Title 50.
Criminal Offenses	241	SB0388	As enacted, provides that escaping from the lawful custody of a law enforcement officer constitutes the offense of escape the same as escaping from a penal institution. – Amends TCA Title 39, Chapter 16, Part 6.
Criminal Offenses	274	SB1168	As enacted, creates offenses regarding improper wearing of military decorations or falsely representing that one has been awarded military decorations; offense is Class B misdemeanor, unless medal involved is a Congressional Medal of Honor, Distinguished Service Cross, Navy Cross, Air Force Cross, Silver Star, or Purple Heart, in which case it is a Class A misdemeanor. – Amends TCA Title 39, Chapter 14 and Title 58, Chapter 1.
Criminal Offenses	282	HB0218	As enacted, requires certain actions by buyers and dealers of scrap jewelry and metal and makes a violation of such requirements a Class A misdemeanor. – Amends TCA Title 38, Chapter 1, Part 2.
Criminal Offenses	307	SB1665	As enacted, redefines “serious bodily injury” to include a broken bone of a child who is eight years of age or younger. – Amends TCA Section 39-11-106. -
Criminal Offenses	325	HB0516	As enacted, creates offense of making false statement or concealment of material fact for purpose of obtaining accommodation in housing project of a housing authority or for paying less rent than required for such dwelling; offense is Class A misdemeanor punishable by fine only, with fine to be determined in accordance with value of the benefit, in accordance with theft provisions. – Amends TCA Title 39, Chapter 11, Part 1 and Title 39, Chapter 14, Part 1.
Criminal Offenses	342	HB0253	As enacted, adds certain violations of rules of road to present violations resulting in accident that are penalized as Class A misdemeanors when involving death or as Class B misdemeanors when involving serious bodily injury. – Amends TCA Title 55, Chapter 8.
Criminal Offenses	347	SB0113	As enacted, revises the Class A misdemeanor harassment to add offense committed by a person who intentionally communicates with another person without legitimate purpose: with the malicious intent to frighten, intimidate or cause emotional distress or in a manner the defendant knows or reasonably should know would frighten, intimidate or cause emotional distress to a similarly situated person of reasonable sensibilities; and as the result of the communication, the person is frightened, intimidated or emotionally distressed. – Amends TCA Title 39, Chapter 17, Part 3.
Criminal Offenses	386	HB0590	As enacted, defines “proceeds” for money laundering offenses to include gross profits from commission of any unlawful activity including real or personal property. – Amends TCA Title 39.
Criminal Offenses	408	SB1976	As introduced, modifies certain statutory provisions pertaining to certain types of theft. – Amends TCA Title 39, Chapter 14, Part 1.
Criminal Offenses	412	HB0351	As introduced, 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. – Amends TCA Title 39, Chapter 13, Part 1.
Criminal Offenses	439	HB0588	As introduced, establishes what crimes may be a lesser included offense generally and states that second degree murder is a lesser included offense of certain first degree murder charges. – Amends TCA Title 40.
Criminal Offenses	440	HB0591	As introduced, deletes offense of interception of cellular or wireless telephone transmissions; redefines “electronic communication” and “wire communication” for certain wiretapping and electronic surveillance offenses. – Amends TCA Title 39 and Title 40.
Criminal Procedure	115	SB0284	As enacted, establishes the venue for a violation of community supervision for life of a sexual offender as the county where the offender was being supervised at time of violation and permits probation officer to be affiant for purposes of obtaining affidavit of complaint against person. – Amends TCA Title 39, Chapter 13, Part 5.
Criminal Procedure	194	HB0070	As enacted, revises the prohibition against using deadly force in defense of property to specify that prohibition would not apply if a person is justified in using deadly force as otherwise provided by law for defense of oneself or defense of another person. – Amends TCA Title 39, Chapter 11, Part 6.
Criminal Procedure	379	SB1638	As enacted, requires district attorney general to complete and file uniform judgment document within 30 days after sentencing; requires that the document be signed by all parties, but if not signed by the parties, the clerk must make a copy of the document available to the parties before entry by the court. – Amends TCA Title 40, Chapter 35. -
Criminal Procedure	387	HB0815	As enacted, expands the offense of aiming a laser pointer or other device at a law enforcement officer to include aiming at firefighters, emergency medical technicians, or other emergency service personnel. – Amends TCA Section 39-16-515.
Criminal Procedure	390	HB1210	As enacted, prohibits parent from being issued arrest warrant or criminal summons against teacher without written approval of district attorney if the conduct alleged involved the teacher and a child of such parent. – Amends TCA Title 40.
Criminal Procedure	432	HB0583	As introduced, adds property received that is used as instrumentality in or in furtherance of violation of any criminal offense to criminal proceeds subject to forfeiture. – Amends TCA Title 39.
Divorce, Annulment and Alimony	280	HB0066	As enacted, removes a provision that allows a court to dismiss a divorce or legal separation complaint because the complaint lacks required information; allows, as an alternative to the specified information being included in the complaint, that the information be provided by the parties and be contained in the court’s records prior to the entry of the final decree of divorce; revises provisions governing when information does not have to be included. – Amends TCA Title 36, Chapter 4, Part 1.
Domestic Violence	455	SB0314	As introduced, requires person subject to order of protection to surrender all firearms the person owns or possesses to the sheriff of county of residence and creates Class A misdemeanor of person subject to an order of protection possessing a firearm. – Amends TCA Title 36, Chapter 3, Part 6; Title 39, Chapter 13, Part 1 and Title 39, Chapter 17, Part 13.
Drug and Alcohol Rehabilitation	459	SB0451	As introduced, adds assisting clients with applying for state and federal benefits to the statutory functions of licensed alcohol and drug abuse counselors. – Amends TCA Title 33; Title 68, Chapter 11 and Title 68, Chapter 24.
Economic and Community Development	424	HB1847	As introduced, revises the Neighborhood Preservation Act. – Amends TCA Title 13, Chapter 6.
Education	38	SB0073	As enacted, removes restriction on commercial advertising on school buses that requires such advertising to be composed of black lettering on a white background; prohibits advertisement of individual food items that, pursuant to law, cannot be sold via vending machines to students in pre-K through grade 8. – Amends TCA Section 49-6-2109(e).
Education	127	SB0850	As enacted, places restrictions on universal mental health testing, or psychiatric or socioemotional screening of juveniles; requires certain consent by a juvenile’s parent, guardian, legal custodian, or caregiver before such testing can occur. – Amends TCA Title 9, Chapter 4 and Title 49, Chapter 2, Part 1.
Education	160	SB0680	As enacted, authorizes courts to notify the school of a child who is adjudicated delinquent based on an offense for which school notification is not mandatory under law. – Amends TCA Title 37, Chapter 1 and Title 49, Chapter 6.
Education	262	SB2312	As enacted, removes requirement of passage of the Tennessee comprehensive assessment program tests in order to receive a full diploma; provides for end-of-course assessments; revises lottery scholarship day provisions. – Amends TCA Title 49.
Education	283	HB0324	As enacted, restates provisions governing reporting of suspected child abuse by personnel of educational institutions and release of related records. – Amends TCA Title 10; Title 37 and Title 49.
Education	315	HB0374	As enacted, requires written referrals for student’s behavior to be returned to faculty or staff member issuing the referral; referral to be kept in a student discipline file and not part of student’s permanent record. – Amends TCA Title 49, Chapter 6. -
Education, Higher	204	SB1073	As enacted, exempts from the American History course requirement for a baccalaureate degree persons who pursue baccalaureate degrees in areas of study exempted, either by regulation of the board of regents or by regulations or delegated authority of the board of trustees of the University of Tennessee, if they have successfully completed a course in American History in high school. – Amends TCA Section 49-7-110.
Education, Higher	352	SB0681	As enacted, renames or corrects the names of certain community colleges. – Amends TCA Title 49.
Election Laws	218	SB1420	As enacted, makes various revisions to the election laws including allowing a person to email a transfer of voter registration or email a request for an application to vote absentee. – Amends TCA Section 2-7-112(a)(3)(C)(i); Section 2-2-129(a)(1); Section 2-6-103(b)(1); Section 2-6-202(a)(3); Section 2-6-304(f); Section 2-7-133(i); Section 2-7-142; Section 2-8-108 and Section 2-8-113(c).
Evidence	332	SB0523	As enacted, creates privileged communication between critical incident stress management team members and persons participating in crisis intervention. – Amends TCA Title 24, Chapter 1, Part 2.
Evidence	413	HB0619	As introduced, admits into evidence a videotaped statement made by a child under the age of 13 years describing any act of sexual contact or physical abuse if child unavailable and statement reliable. – Amends TCA Title 24. -
Financial Responsibility Law	370	SB2150	As enacted, requires law enforcement officers to request proof of compliance with financial responsibility laws upon charging a person with any motor vehicle violation instead of only moving violations. – Amends TCA Section 55-12-139.
Firearms and Ammunition	102	HB0254	As enacted, deletes requirement that the purchaser of a firearm give a thumbprint as part of background check process and that the TBI furnish thumbprint cards and pads to firearm dealers; clarifies that dealer must request TBI to conduct background check by “means designated by the TBI” instead of “by telephone”. – Amends TCA Title 39, Chapter 17, Part 13.
Firearms and Ammunition	195	HB0411	As enacted, enacts the “Coach Willard Ross Act of 2009,” which creates a Class A misdemeanor offense of attempting to buy firearm when prohibited by law from possessing firearm and attempting or selling firearm to person known to be prohibited by law from possessing firearm. – Amends TCA Title 39, Chapter 17, Part 13.
Foster Care	270	SB0855	As enacted, establishes procedures for reviewing actions of department of children’s services when a foster parent believes that the department has failed to follow the foster parents bill of rights and such failure has harmed or could harm a child. – Amends TCA Section 37-2-415.
Game and Fish Laws	213	SB0235	As enacted, provides that the determination as to whether property, such as vehicles, seized for violations of certain game and fish laws is forfeited to state is determined by court hearing the violation rather than an administrative hearing officer. – Amends TCA Title 70, Chapter 6, Part 2.
Hospitals and Health Care Facilities	312	SB2234	As enacted, extends expiration date of the tax on the gross receipts of ICFMRs from July 15, 2009, to July 15, 2011. – Amends TCA Section 68-11-830.
Hospitals and Health Care Facilities	323	SB0443	As enacted, authorizes the board for licensing health care facilities to delegate to the department of health the authority to issue a new license to a successor owner of a health care facility when there has been a change of control if certain requirements met; increases the amount of major medical equipment, the acquisition of which requires a certificate of need from $1.5 million to $2 million. – Amends TCA Title 4 and Title 68. -
Hospitals and Health Care Facilities	384	HB0093	As enacted, requires criminal background checks to be conducted for nursing direct care employees “prior to employment” instead of “prior to employment or within seven days of employment”. – Amends TCA Section 68-11-256.
Hospitals and Health Care Facilities	405	SB0485	As introduced, increases maximum civil penalty for operating a facility without a valid certificate of need from $500 to $1,000 per day of continued operation. – Amends TCA Title 63 and Title 68.
Hospitals and Health Care Facilities	460	SB0453	As introduced, extends nursing home bed privilege tax for two years until June 30, 2011; revises provisions governing delinquent tax. – Amends TCA Title 68, Chapter 11, Part 2.
Hospitals and Health Care Facilities	461	SB0454	As introduced, extends prohibition on new nursing home bed certificates of need to June 30, 2011, except for 125 Medicare SNF beds. – Amends TCA Title 68, Chapter 11, Part 16.
Human Rights Commission	437	HB0129	As introduced, directs human rights commission to develop a Title VI compliance plan applicable to certain state governmental entities; sets out duties of human rights commission in regards to Title VI provisions. – Amends TCA Title 4, Chapter 3.
Insurance Companies, Agents, Brokers, Policies	178	HB0981	As enacted, revises provisions governing maximum liability under the Tennessee Life and Health Insurance Guaranty Act in regard to annuity benefits to increase liability amount from $100,000 to $250,000. – Amends TCA Title 56, Chapter 12.
Judges and Chancellors	172	HB0083	As enacted, adds retired general sessions judges to present officials, including general sessions judges and retired judges and chancellors of courts of record, who may administer oaths of office to elected or appointed public official. – Amends TCA Title 8, Chapter 18, Part 1.
Law Enforcement	190	SB2161	As enacted, clarifies that the POST commission will issue a certificate to any campus police officer or public safety officer upon the officer’s completing a training program. – Amends TCA Title 38 and Title 49.
Law Enforcement	284	HB0417	As enacted, authorizes independent contractors who provide on-site security and law enforcement capability at certain government property that is an air force base and flight simulation test center to employ persons to act as private special deputies for such purposes. – Amends TCA Title 38, Chapter 8, Part 1.
Limitation of Actions	498	SB2164	As introduced, limits tort liability of agritourism professionals under certain circumstances. – Amends TCA Title 43 and Title 70, Chapter 7.
Litter Control	382	SB2184	As enacted, requires county mayors to administer certain funds for litter control programs. – Amends TCA Section 39-14-510.
Local Education Agency	153	SB0283	As enacted, requires, rather than encourages, school districts to include certain criteria in policies prohibiting harassment, intimidation, or bullying. – Amends TCA Section 49-6-1016.
Local Education Agency	291	SB0251	As enacted, enacts the “Archival Protection Act of 2009″ to urge preservation of historically significant personal property located in public schools that have been closed. – Amends TCA Title 49.
Mental Illness	95	SB1538	As enacted, establishes legislative intent concerning priority of services to behavioral health safety net; establishes 19 years of age as the minimum age at which a person qualifies as an adult for purposes of determining which persons qualify as seriously and persistently mentally ill adults for purposes of this bill. – Amends TCA Title 33, Chapter 6 and Title 71, Chapter 5, Part 1.
Mental Illness	419	HB1348	As introduced, authorizes court to order outpatient evaluation of criminal defendant pending a post-trial proceeding under certain circumstances. – Amends TCA Title 33, Chapter 7, Part 3.
Mental Illness	468	SB0772	As introduced, provides for prescreening agents, physicians, and psychologists to be considered state employees when assessing persons for admission and transportation to involuntary inpatient treatment; establishes a task force to study issues related to transportation of persons to such treatment. – Amends TCA Title 8, Chapter 42, Part 1 and Title 33, Chapter 6, Part 9.
Mental Retardation	458	SB0416	As introduced, specifies that new ICF/MR beds must be filled by persons from the developmental centers or from the wait list; requires that the division of mental retardation services approve the persons to fill the new beds. – Amends TCA Title 33; Title 68, Chapter 11 and Section 71-5-105.
Mobile Homes and Manufactured Buildings	132	SB0883	As enacted, revises provisions concerning manufactured homes affixed to real property including cancellation of certificate of title. – Amends TCA Section 55-3-138.
Motor Vehicles	201	SB0393	As enacted, prohibits sending or reading text messages while operating a motor vehicle; provides certain exceptions. – Amends TCA Title 55.
Motor Vehicles	286	HB1187	As enacted, broadens prohibitions on window tinting to any motor vehicle operated on a public highway, rather than only to those registered in Tennessee; and creates exemption for motor vehicles registered in another state that comply with requirements of such state. – Amends TCA Title 55, Chapter 9, Part 1. -
Motor Vehicles	324	HB0355	As enacted, requires law enforcement officer to conduct test to determine blood alcohol of driver involved in accident resulting in injury or death if officer has probable cause to believe driver committed DUI, vehicular homicide, or aggravated vehicular homicide; provides that test results may be offered as evidence in court or administrative hearing relating to accident or offense, subject to rules of evidence. – Amends TCA Title 55, Chapter 10, Part 4.
Motor Vehicles	441	HB0669	As introduced, requires liability insurance be maintained on all motor vehicles operated in Tennessee; insurance companies shall notify division of financial responsibility when coverage is terminated; owner of motor vehicle has 60 days to obtain insurance coverage again. – Amends TCA Title 55 and Title 56. -
Motor Vehicles, Titling and Registration	265	HB0985	As enacted, specifies that an “antique motor vehicle” additionally includes a motor vehicle at least 25 years old with a non-modified engine and body that is used on the highways for the purpose of selling, testing the operation of, or obtaining repairs to or maintenance on the motor vehicle. – Amends TCA Title 55, Chapter 4.
Narcotics	67	SB0408	As enacted, makes concealing that one has received a controlled substance in an effort to obtain more of that substance a Class A misdemeanor and requires certain health care professionals to report suspicion of such to local law enforcement without civil liability. – Amends TCA Title 53, Chapter 11.
Nurses, Nursing	403	SB0009	As introduced, certifies medication technicians who can administer certain medications in nursing homes under the supervision of licensed nurses. – Amends TCA Title 63, Chapter 7, Part 1.
Parks, Natural Areas Preservation	207	SB1793	As enacted, requires the commissioner of the department of environment and conservation to offer discounted rates to veterans who are Tennessee residents for activities at Tennessee state parks during the off season. – Amends TCA Title 11, Chapter 3.
Pensions and Retirement Benefits	438	HB0352	As introduced, authorizes retired members of TCRS to work for a city or county government without their retirement benefits being suspended or lost; provides that retirement benefits are not increased by employment in a local government entity. – Amends TCA Title 8, Chapter 36, Part 8. -
Pest Control	363	SB1548	As enacted, provides terms for the engagement of services for certain termite inspection and prevention plans without initial chemical treatment. – Amends TCA Title 62, Chapter 21, Part 1.
Physicians and Surgeons	416	HB0722	As introduced, removes the Class B misdemeanor offense of practicing naturopathy. – Amends TCA Section 63-6-205.
Probation and Parole	313	SB2271	As enacted, requires offenders under the jurisdiction of the board of probation and parole who transfer residence to another state pursuant to the interstate compact for the supervision of adult offenders to pay to the board an application fee for the transfer; requires board to set the amount of the fee by rule. – Amends TCA Title 40, Chapter 28, Part 2.
Professions and Occupations	279	SB2310	As enacted, makes various changes concerning pre-need funeral contracts, home inspectors, collection services, and real estate appraisers. – Amends TCA Sections 62-5-403, 62-5-409, 62-6-307, 62-20-102, 62-20-108, 62-39-102, and 62-39-105..
Professions and Occupations	421	HB1495	As introduced, revises various provisions involving the practice of polysomnography. – Amends TCA Title 63, Chapter 31, Part 1.
Public Contracts	251	SB1213	As enacted, requires the department of health to reimburse residential homes for the aged for each resident whose income does not exceed $800 per month and whose income is limited to SSI benefits. – Amends TCA Title 12, Chapter 4, Part 3.
Public Records	176	HB0604	As enacted, extends confidential status to certain identifying information compiled and maintained by the department of correction or board of probation and parole concerning a person who has requested that notification be provided regarding the status of criminal proceedings or of a sentenced felon. – Amends TCA Title 4, Chapter 3; Title 10, Chapter 7, Part 5; Title 40, Chapter 28; Title 40, Chapter 38 and Title 41, Chapter 21.
Railroads	372	SB2224	As enacted, requires any person commissioned as a railroad police officer to receive POST certification prior to such commission; requires the POST commission to issue a certificate of compliance to any person seeking to be commissioned as a railroad police officer, if the person meets the qualifications for employment as a police officer and satisfactorily completes the approved recruit training program. – Amends TCA Title 38, Chapter 8 and Title 65, Chapter 6.
Real Property	112	HB0380	As enacted, requires seller of real property to disclose if property is located in planned unit developments prior to entering a contract with buyer. – Amends TCA Title 66, Chapter 27 and Title 66, Chapter 5, Part 2.
Real Property	156	SB0429	As enacted, authorizes right of redemption within one year from the date of the order of confirmation of sale, rather than from date property was sold. – Amends TCA Title 67, Chapter 5.
Remedies and Special Proceedings	385	HB0527	As enacted, allows court to deny name change petition if court believes it is to defraud, not made in good faith, will cause injury, or compromises public safety. – Amends TCA Title 29, Chapter 8, Part 1.
School Transportation	436	HB0092	As introduced, allows school buses to be used up to 20 years of service, subject to annual safety inspections, by extending permissible, yearly waiver limit for their service life after initial 12 years of service from current three years to eight years. – Amends TCA Section 49-6-2109.
Sentencing	203	SB0946	As enacted, grants trial judge the option to resentence a defendant whose probation has been revoked to a sentence of community correction, if the probation violation was a technical violation, as well as ordering the original sentence reinstated and the incarceration of the defendant. – Amends TCA Title 40, Chapter 35.
Sexual Offenses	414	HB0620	As introduced, redefines “indecent exposure” to include knowingly engaging in the person’s own residence certain conduct in the presence of a child for the purpose of sexual arousal or gratification. – Amends TCA Title 39 and Title 40. -
Solid Waste Disposal	73	SB2066	As enacted, amends the Landfill Methane Development Act to identify certain circumstances and purposes for which refined, landfill methane shall be deemed to be natural gas. – Amends TCA Title 65, Chapter 28, Part 2.
Taxes, Exemption and Credits	380	SB2090	As enacted, authorizes conveyance of certain property purchased at tax sale by Shelby County, or included municipality, to adjoining property owners upon actual or in-kind payments of property’s fair market value. – Amends TCA Section 67-5-2509(d).
Taxes, Litigation	488	SB1684	As introduced, adds $1 privilege tax on criminal cases to fund grants for a 24-hour a day victim information and notification system to be operated by the Tennessee sheriff’s association. – Amends TCA Title 40, Chapter 38 and Title 67, Chapter 4, Part 6.
Taxes, Real Property	478	SB1166	As introduced, specifies procedures for sale of property purchased at a delinquent tax sale for municipal taxes only. – Amends TCA Title 6, Chapter 55, Part 2 and Title 67, Chapter 5. -
Taxes, Severance	138	SB1086	As enacted, increases the tax on coal products severed from the ground in this state and increases the amount of tax revenue collected that is allocated to the county from which the coal products were severed; allows department of revenue to retain certain amounts in two fiscal years to recover expenses. – Amends TCA Section 67-7-104 and Section 67-7-110.
Teachers, Principals and School Personnel	353	SB0718	As enacted, extends provisions regarding dismissal of tenured teacher in Davidson County to also apply in Shelby County. – Amends TCA Title 49, Chapter 5.
Telecommunications	275	SB1210	As enacted, creates a 2-1-1 advisory council. – Amends TCA Section 65-4-117(b).
TennCare	471	SB0851	As introduced, requires that home health care services be provided in the recipient’s home and for service delivery purposes follows the recipient into the community. – Amends TCA Title 71, Chapter 5.
Tobacco Master Settlement Agreement	340	HB1676	As enacted, imposes penalty for failure of a tobacco distributor or manufacturer to provide certain information to commissioner of revenue. – Amends TCA Section 67-4-2604.
Tobacco, Tobacco Products	343	HB0530	As enacted, requires that at least 15 days prior to removal of a tobacco product manufacturer or brand family from the tobacco product manufacturer directory, the commissioner of revenue must post notification of such removal in the directory and transmit notice to any person who provides an email address to the commissioner for the purposes of receiving notifications of directory updates via email. – Amends TCA Title 67, Chapter 4, Part 26. -
Tort Liability and Reform	425	HB2233	As introduced, adds the necessity of showing by clear and convincing evidence to the extraordinary good cause needed for a court to excuse noncompliance with certain requirements for medical malpractice filings. – Amends TCA Section 29-26-121.
Traffic Safety	397	HB1605	As enacted, revises requirements governing bicycle use at nighttime to require that a bicycle be equipped with a lamp on the front that emits a white light visible from a distance of at least 500 feet to the front and either a red reflector or a lamp emitting a red light that is visible from a distance of 500 feet to the rear when directly in front of lawful upper beams of head lamps on a motor vehicle. – Amends TCA Title 55, Chapter 8. -
Transportation, Dept. of	197	HB1311	As enacted, removes department of finance and administration’s authority to transfer funds from the highway fund. – Amends TCA Section 4-3-1016 and Title 54, Chapter 2, Part 1.
Vending Machines	350	SB0395	As enacted, requires vending machines located on state property to either use energy efficient lights for advertising or have the lights used solely for advertising removed. – Amends TCA Title 12, Chapter 2, Part 1 and Title 53, Chapter 12, Part 1.
Veterans	219	SB1659	As enacted, authorizes veterans to request removal of their social security numbers from war records. – Amends TCA Title 4; Title 10 and Title 58.
Victims’ Rights	50	SB1208	As enacted, confers immunity from civil action upon victim of crime for testimony given at offender’s parole hearing unless testimony is intentionally and maliciously false and defamatory. – Amends TCA Title 40.
Wine, Wineries	348	SB0166	As enacted, creates direct shipper license to be issued through the alcoholic beverage commission that would allow an in-state or out-of-state entity to ship wine directly to consumers age 21 years or older in this state for personal use. – Amends TCA Title 57, Chapter 3.
Workers Compensation	364	SB1567	As enacted, provides that any employee who retains the right to reconsideration of an award of permanent partial disability benefits for a workers’ compensation injury that occurs on or after July 1, 2009, and whose pre-injury employer is sold or acquired after such award is made, may seek reconsideration from the successor employer if either the employee’s employment with the successor employer is involuntarily terminated through no fault of the employee or the employee’s rate of pay is reduced to a level below the rate of pay that the employee had at the time of the injury. – Amends TCA Title 50 and Title 56. -
Workers Compensation	373	SB2299	As enacted, authorizes the commissioner of commerce and insurance to establish by rule requirements for securities posted by self-insured employers; requires that the employer’s losses and adequacy of reserves be certified annually, instead of biennially. – Amends TCA Title 50, Chapter 6, Section 405, and Title 56, Chapter 4. -
Workers Compensation	486	SB1574	As introduced, decreases amount of civil penalty commissioner of commerce and insurance may assess to insurance companies for failure to submit modification factors or rates from $2,000 per incident to $1,000 per incident. – Amends TCA Title 50 and Title 56.

Starting today, student loan payments become more affordable for millions of Americans

News Staff — Wed, 01 Jul 2009 19:01:28 +0000

New Financial Aid Benefits Allow Borrowers to Pay Back Loans Based on Their Income

WASHINGTON, D.C. – Starting today, federal student loans will become more affordable to repay as a new Income-Based Repayment (IBR) program takes effect. IBR will allow borrowers to cap their monthly loan payments based on how much income they earn. This program, in conjunction with a lower interest rate on subsidized – or need-based – student loans and an increase in the Pell Grant scholarship, will help make college more affordable and help alleviate devastating student loan burdens for millions of students, recent graduates and other borrowers.

“This help couldn’t be coming at a better time for borrowers in this tough economy, or for current and future students facing an escalating college affordability crisis,” said U.S. Rep. George Miller (D-CA), chair of the House Education and Labor Committee. “These benefits will make a serious difference for students and families working very hard to pay for college, and will provide millions of borrowers more flexibility in choosing a career they truly desire rather than one made necessary due to crippling student debt.”

“Under this new program, students no longer have to choose between serving their nation and communities and tackling a mountain of college debt,” explained U.S. Senator Edward M. Kennedy (D-MA). “Our nation is better and stronger when the best and brightest young Americans choose careers in public service.”

Under IBR, borrowers have a portion of their income protected from loan repayment (up to 150% of the poverty level for their family size) which means graduates can afford to take jobs at lower salaries. Borrowers are required to pay no more than 15% of any income above that threshold. This program will allow borrowers to devote the first part of their paycheck to covering core costs like housing, food and transportation. After 25 years of lower payments, borrowers’ remaining loan balances, including interest, will be completely forgiven. For borrowers in public service fields, like nursing, public interest law, or non-profit work, their debts will be completely forgiven after 10 years of service and loan payments.

The chart below illustrates the IBR benefits.

SOURCE: Department of Education: http://studentaid.ed.gov/PORTALSWebApp/students/english/IBRPlan.jsp

Income Based Repayment was enacted by the 110th Congress in 2007, as part of the College Cost Reduction and Access Act. That bill invested an additional $20 billion in federal college aid for families at no additional cost to taxpayers. In addition to creating IBR, the law also halved interest rates on need-based federal student loans in equal steps over four years – making these loans more affordable for low- and middle-income students. Last July, the first of these four cuts took effect; today the second cut kicks in, as interest rates drop from 6 percent to 5.6 percent. The rate will continue to drop until it reaches 3.4 percent in 2011. Nationwide, about 5.5 million students take out these loans each year.

As a result of investments made by this law and more recently by Congress and the Obama administration, millions of low-income students will also receive a Pell Grant scholarship of $5,350 for the coming year. This is more than a $600 increase above last year’s award.

To view a fact sheet on these and other benefits, click here.

For more specific information on how the new Income-Based Repayment program will work and who will qualify, click here.

For more information on the College Cost Reduction and Access Act, click here.

College Dems applaud President’s commitment to higher education & college affordability

A Guest Commentator — Wed, 29 Apr 2009 19:22:25 +0000

(Nashville, TN) – Adam Haynes, President of the Tennessee Federation of College Democrats issued the following statement in support of President Obama’s plan presented today to make college more affordable and accessible to college students in this country:

Students in Tennessee -like young people all across America-are struggling to cope with the skyrocketing cost of higher education. In recent decades tuition has grown ten times faster than a typical family’s income – putting an undue strain on families and making the cost of higher education too expensive for far too many.

At the same time, students are competing in a global marketplace with countries like China and India, and we need to ensure that the American workforce has the tools to rise to the challenge. That’s why the President today announced a plan to make college more affordable and to continue his administration’s historic investment in America’s future.

President Obama has already enacted legislation making the cost of college more affordable by making working families eligible for a $2,500 tax credit to help offset the cost of tuition, modernizing and expanding federal loan programs and reforming the Pell Grant program. The plan the President announced today to eliminate waste in the current loan programs and expand Pell Grants will help ensure that more students can afford college and that our system is as efficient as possible.

As unemployment rises, a college degree is more important than ever. We must do everything we can to make sure all eligible students can get the education they need to get ahead. The College Democrats of Tennessee are thankful that with President Obama at the helm, we are much closer to making the dream of an affordable college education a reality.

About The Tennessee Federation of College Democrats

The Tennessee Federation of College Democrats of America is a group designated to unite, lead and coordinate chapters of College Democrats of America on university campuses throughout Tennessee.

House Republican Caucus Weekly Wrap

News Staff — Sat, 28 Mar 2009 10:00:09 +0000

Week of March 23-27,2009

Budget proposal presented to lawmakers
Stimulus funds will foot much of the TennCare bill
Higher Education may dodge a bullet
Unemployment Insurance
Testimony on “wine in grocery stores”
Is the Tennessee Plan constitutional?

After months of uncertainty while the United States Congress wrangled over details of the American Recovery and Reinvestment Act (ARRA), the Governor presented his initial budget proposal Monday night to a Joint Convention of the House and Senate. Because of the unprecedented economic situation facing Tennessee, the Governor is proposing a multi- year approach, and laying out possibilities for the next four years. He explained that much of the ARRA money, which totals approximately $5 billion over two years for Tennessee, comes with strings attached and has essentially already been earmarked by Congress.

According the Administration, about “two-fifths” of the money are “Tennessee” funds—monies that will allow the state some leniency regarding where to use them—while the remainder are “Congressional” funds that have multiple strings attached.

Stimulus funds will foot much of the TennCare bill

Of the $2.1 billion in “Tennessee” funds, more than half will temporarily foot the bill for TennCare—the state’s Medicaid program—to free up the state dollars to fund programs elsewhere. While other states will be required to use this money to plug holes in their Medicaid programs, TennCare is in a stable position. Additionally, TennCare had approximately $500 million in their reserve account at the beginning of the year.

Higher Education may dodge a bullet

Although large reductions were expected in higher education, the ARRA dedicates $500 million specifically to higher education, meaning that the anticipated cuts are no longer necessary. Reductions that had already taken place will now be restored to the tune of $100 million this year. The budget proposal stipulates that higher education will be fully funded for the next 21 months from stimulus funds. However, House Republicans expressed prudence when discussing changes to the higher education system, which will be facing a possible $180 million shortfall in the future. Republican leaders have expressed their desire to leave nothing off the table when discussing possible different approaches to higher education.

Unemployment Insurance

One of the priorities that the Governor said the Administration will focus on is
keeping the state’s Unemployment Trust Fund solvent. Although the Governor considered turning down the unemployment portion of the federal stimulus package, citing as a concern the obligation to continue higher spending when the federal money runs out in two years, the state will accept the $141 million
injection to the Unemployment Trust Fund.

Accepting the money will mean that Tennessee has to adopt three federal mandates at a projected outflow of $30 million annually. A part-time worker definition, alternative wage base calculations and dependents allowance must be adopted by the General Assembly in order to qualify for the stimulus funds.
Republican lawmakers are cautioning that if adopted, there may be a need to end these mandated benefits once the federal monies are exhausted to sustain the fund in the future.

House State & Local Committee hears testimony on “wine in grocery stores” bill

The State and Local Government Committee heard testimony this week concerning the “wine in grocery stores” bill, which has emerged as one of the key issues this year. While the fate of the bill is unclear, the legislation has spurred discussion over Tennessee’s liquor laws.

The bill would essentially create a “wine at retail food store license,” which would allow the sale of wine at retail food stores. The license would be issued by the Alcoholic Beverage Commission and only in a county or municipality that has authorized the sale of alcoholic beverages. Businesses who obtain the license would still be subject to rules and regulations governing current liquor and beer laws, and would also be subject to the “Responsible Vendors Act,” which requires mandatory carding.

Much of the testimony in favor of allowing wine in grocery stores centered around the possible revenues the state and local governments would receive if the bill is passed. The Fiscal Review Committee is estimating that passage of the bill would mean $16 million for the state’s General Fund, and an $11 million boost for local government revenues.

The Sheriff of Madison County testified against the bill, stating that he believed the legislation would lead to an increase in underage drinking, and to an increase in crime and panhandling outside of convenience stores. In the same vein, a liquor store owner projected he would lose 15 to 20 percent of his revenues if the bill passed, resulting in the loss of one full time employee and possibly an additional part time employee.

The bill’s fate has yet to be decided, as neither the House nor the Senate has officially taken the legislation up for members’ debate. The Associated Press performed an informal poll of every member of the General Assembly last week, with the results showing 23 members were supportive, 31 members were against the legislation, and 78 members were undecided

Subcommittee hosts presentation: Is the Tennessee Plan constitutional?

The Civil Practice and Procedure Subcommittee hosted a presentation this week, asking the question: “Is the Tennessee Plan constitutional?” Judge Holly Kirby of the Tennessee Court of Appeals and Brian Fitzpatrick, Assistant Professor of Law at Vanderbilt Law School, made presentations.

The Tennessee Plan is the mechanism by which the state appoints judges to the
State Supreme Court, the State Court of Appeals, and the State Court of Criminal Appeals. When the plan was implemented in the 1970’s, advocates hailed the plan as a way to keep partisan politics out of the judiciary.

The Judicial Selection Commission, a panel composed of 17 members, offers the Governor a slate of three candidates to fill a vacancy on the court. If the Governor rejects all three candidates on the first slate, he can request another. If this occurs, the Governor must then make a selection from that list of prospective nominees. After being appointed, judges are subject to “yes/no” retention votes every eight years.

Fitzpatrick said he firmly believes the Tennessee Plan and the Judicial Selection Commission is unconstitutional. He pointed out that should the legislature decide they prefer the commission and the subsequent retention vote, a constitutional amendment would be necessary—which would require not only the approval of two General Assemblies, but also a voter referendum.

Judge Holly Kirby suggested in her testimony that the legislature should look to the intent of the writer’s of our State Constitution. Did they, she asked, intend to limit the power and authority of the legislature to determine the type of elections for appellate judges? She argued that the judicial and executive branches have the most limited authority, and the broadest possible authority was granted to the legislative body, which directly represents the people of this state.

At the center of the debate over the Judicial Selection Commission is the provision in the constitution that states, “The judges of the Supreme Court shall be elected by the qualified voters of the state.” The state Supreme Court has ruled that the yes/no retention vote qualifies the system as constitutional, but the debate came to a head in 2007, when the Governor rejected the first two slates of candidates given to him by the Judicial Selection Commission. His actions prompted questions as to whether or not the system was effective and relevant.

The Judicial Selection is currently in “wind-down” due to legislature failing to pass a bill last year extending it. Unless legislation passes this year to extend the commission, it will cease to exist as of June 30, 2009.

In case you missed it…

House committee discusses “Secret Ballot Protection Act of 2009”: The House Employee Affairs Subcommittee heard testimony this week regarding the Republican-sponsored “Secret Ballot Protection Act of 2009.” The legislation is an initiative that seeks to preserve the right of voting by secret ballot when it comes to deciding whether or not to elect an exclusive bargaining
representative.

The sponsor argued that the bill is a counter measure to the Democrats’ dangerous card check legislation, which could possibly subject employees to intimidation by making any vote for a union public. Republicans also believe the right to a secret ballot is sacred whether in the voting booth or in the workplace and that the bill is consistent with Tennessee’s Constitution and court decisions that provide that all elections in Tennessee shall be by a method guaranteeing ballot secrecy.

Aggressive driving bill moves out of Transportation Committee: A bill to curb aggressive driving passed out of the House Transportation Committee this week, and will now face the Finance, Ways and Means Committee. House Bill 18 creates a new violation of aggressive driving if the driver is guilty of at least three of the following violations in one continuous episode of the following:

Overtaking on the right
Overtaking and passing in no passing zones
Following too closely
Failing to yield for emergency vehicles
Failing to yield to pedestrians
Failure to signal turn
Speeding
Stopping, standing, or parking in prohibited places
Following fire trucks
Improper use of HOV lanes

Constitutional Amendment adding “Right to hunt and fish” passes subcommittee: A constitutional amendment that would add the right to hunt
and fish to the Tennessee Constitution passed out subcommittee this week, and will now face Conservation and Environment Committee. House Joint Resolution 149 has already been passed by a majority in the 105 th General Assembly, meaning that it must now pass the 106th General Assembly with a two-thirds majority before appearing on the ballot in a referendum in 2010.

The week ahead…

HOUSE SESSION: 5:00 p.m. Monday, March 30, 2009 in the House Chambers

HOUSE SESSION: 9:00 a.m. Thursday, April 2, 2009 in the House Chambers

Tuesday, March 31, 2009

Calendar & Rules Committee, 8:00 a.m., Legislative Plaza 16
Higher Education Subcommittee, 8:30 a.m., Legislative Plaza 29
Consumer Subcommittee, 8:30 a.m., Legislative Plaza 30
Professional Occupations Subcommittee, 8:30 a.m.,Legislative Plaza 31
Commerce Committee, 9:15 a.m., Legislative Plaza 16
Agriculture Committee, 9:15 a.m., Legislative Plaza 29
Family Justice Subcommittee, 9:15 a.m.,Legislative Plaza 30
Health & Human Resources Committee, 10:30 a.m., Legislative Plaza 16
Consumer & Employee Affairs Committee, 10:30 a.m., Legislative Plaza 29
Utilities & Banking Subcommittee, 10:30 a.m., Legislative Plaza 30
Environment Subcommittee, 11:00 a.m., Legislative Plaza 29
State & Local Government Committee, 12:00 p.m., Legislative Plaza 16
Civil Practice & Procedure Subcommittee, 12:00 p.m., Legislative Plaza 31
Finance, Ways & Means Committee, 1:30 p.m., Legislative Plaza 16
Employee Affairs Subcommittee, 1:30 p.m., Legislative Plaza 29
Rural Roads Subcommittee, 1:30 p.m., Legislative Plaza 31
Wildlife Subcommittee, 2:15 p.m., Legislative Plaza 30
Transportation Committee, 3:00 p.m., Legislative Plaza 16
Public Safety Subcommittee (After Trans), Legislative Plaza 16
Public Health Subcommittee, 4:00 p.m., Legislative Plaza 30

Wednesday, April 1, 2009

Calendar & Rules (TBA), 8:00 a.m., Legislative Plaza 16
Children & Family Affairs Committee, 8:30 a.m., Legislative Plaza 16
State Government Subcommittee, 8:30 a.m., Legislative Plaza 29
Judiciary Committee, 8:30 a.m., Legislative Plaza 31
Local Government Subcommittee, 9:15 a.m., Legislative Plaza 29
K-12 Education Subcommittee, 10:00 a.m., Legislative Plaza 16
Government Operations Committee, 10:00 a.m., Legislative Plaza 29
Industrial Impact Subcommittee, 10:00 a.m., Legislative Plaza 30
Elections Subcommittee, 10:00 a.m., Legislative Plaza 31
Education Committee, 11:00 a.m., Legislative Plaza 16
Budget Subcommittee, 11:00 a.m., Legislative Plaza 29
Criminal Practice & Procedure Subcommittee, 12:00 p.m., Legislative Plaza 31
Parks and Recreation Subcommittee, 12:30 p.m., Legislative Plaza 16
Domestic Subcommittee, 12:30 p.m., Legislative Plaza 29
Healthcare Facilities Subcommittee, 12:30 p.m., Legislative Plaza 30
Finance Budget Hearings, 1:30 p.m., Legislative Plaza 16
Agriculture Subcommittee, 3:30 p.m., Legislative Plaza 29
Judiciary Committee, 3:30 p.m., Legislative Plaza 31

Making a case for vocational schools at the high school level

Christine Anne Piesyk — Thu, 18 Dec 2008 11:00:52 +0000

Not every student is destined for college or even traditional college-track studies.

As I listened to the announcement of the Hemlock Semiconductor plant about to settle in northeast Clarksville, and of the need for not only scientists and technologist but pipe fitters, electricians and other skilled trades, I couldn’t help but think once again of a glaring gap in high school education in Clarksville: vocational education.

Once upon a time “voke” ed meant studies in hairdressing, cosmetology, food service, and basic automotive.

I spent most of my life in New England, where trade schools exists in virtually every city. Not a “token” technology center or a single woodshop class, but an entire dedicated school with a curriculum that includes at least six major trades and a courseload of “applied” studies in math, English and other subjects that are directly linked to both the physical training and base knowledgeable applicable to real world jobs upon graduation. Students are bused to voke schools, not left to figure out how to get to an out-of-district school every day.

In Vermont, students board the school bus that runs their district; buses meet at predetermined transfer spots where students hop on the next bus to get to schools either across the city or in many cases other counties. It can work, if the motivation to make such investments are present.

I have watched 15-year-olds mastering CAD-CAM (computer-aided design and computer-aided manufacturing), 17-year-old chefs turning out gourmet meals, a cadre of teenagers mastering automotive repair including the complex electrical systems (car dealerships donate new cars to the schools for student to tear down and rebuild as part of their training). Building a home, from construction, electrical, HVAC (heating, ventilation and air conditioning) and plumbing, was a senior year requirement in the building trades. The builders were 17- and 18- year-olds.

More than that, I watched my own brother, Michael, shift from poor elementary student to shining high school graduate in welding and metal fabrication, moving straight from high school to apprenticeship and ultimately licensure at a fairly young age. It’s his responsibility to ensure that manufactured parts — some large enough to live in — are safe and structurally sound. He began learning his trade at age 14. In a voke school. He makes what he calls “a damned good living.”

While I remain a huge supporter of higher education ( with two grandchildren attending APSU) and applaud all efforts to develop college programs to fuel new hi-tech and energy-saving green industries and the skilled workforce they require, I simply suggest that there are many other skilled jobs which could be fueled and filled by a true vocational education at the high school level, and those graduates would emerge at 18 with specific technical skills and be poised for good-paying jobs and apprenticeships and then, perhaps, additional high level technical study; these voke grads could also fill needs across the state of Tennessee.

It baffles me that in Tennessee so many students must wade through college prep or white-collar business studies when they are more suited to applied subjects and specific training in 21st century vocational trades.

Vocational Schools, like magnet schools, have a specific role to play in our educational system. I would simply like to see that kind of education happening here, in Clarksville, Tennessee.

In the best interests of our children …

News Staff — Tue, 23 Sep 2008 15:00:07 +0000

In his most recent platform statement, Ward 8 City Council candidate David Cutting addresses issues the affect the safety and quality of life for our children.

What can we do, as a city, for our most important asset, the children? If elected city councilor, I would work for the following issues, each of which will eventually be without cost to our taxpayers.

Foster Care: We need more foster care homes here in Clarksville, to keep at-risk children near their families, and to keep the state and federal monies paid to their caregivers here in Clarksville, rather than remote cities and counties. I will lobby the state to repeal the prohibition against DCS workers and their spouses being foster parents, and, if successful, will care for two foster children in my home. (Please note my wife is a DCS social worker.) I will also use my office to promote volunteerism for foster care.

Speed Bumps: The Clarksville City Council recently erred in requiring underground utilities and sidewalks in new subdivisions, at developer expense, without also requiring speed humps. We do not need the speed bumps that ruin our vehicles’ alignment, but we do need the humps to enforce 20 mph speed limits designed to save our children’s lives.

Pre-Kindergarten: Studies show that children attending pre-kindergarten are more likely to graduate high school, graduate college, obtain better jobs, spend more money, and pay higher taxes. I will use my office to lobby the state for more pre-K classrooms in Clarksville.

Seat Belts: The requirement that we seat-belt our children in our vehicles is oxymoronic to the fact that the county does not provide seat belts in its school buses, which could result in serious injuries to our children, and expensive lawsuits for our taxpayers. I will lobby the school board for seat belts on all our school buses.

Nutrition: The sales taxes on food is regressive, causing many parents to either shop in Kentucky, or worse, not buy needed food items for their children. Repeal the sales tax on food, and we will have healthier children and higher business income in Clarksville.

Higher Education: The presence in Clarksville of Austin Peay State University is a blessing. However, Clarksville is also large enough to have a community college. We need to keep our youth here, rather than commuting to Kentucky, and paying for tuition, books, supplies, and meals there. This will lead to increased community activities and pride, and higher business income in Clarksville.

I will encourage my constituents to share their ideas for improving the quality of life for our upcoming generations.

Lottery surplus: It’s all about HOPE

Jimmie Garland, Sr. — Tue, 01 Jan 2008 00:10:21 +0000

America, a land of many opportunities, has both real and perceived problems in communication between the have’s and the have-not’s. As citizens of this great country, we must never forget the trials and tribulations our ancestors witnessed as they worked to carve out our heritage. Many worked in the fields while others were viewed as “privileged” to work in the homes of their owners.

One might believe I am only referring to the plight of the blacks. That is far from the truth. Throughout the history of the United States, there were servants of all ethnicities and both genders.

I make this statement as a prelude for my response to Leaf Chronicle editorial (12.31.07). The editorial addressed the division of funds generated by the Tennessee Lottery to fund the HOPE Scholarship program. The apparent position of the writer was that anyone who can not maintain at least a 3.0 grade point average doesn’t deserve a chance to achieve a college education. Let me remind that writer that there have been presidents of this country who had less than a 3.0 GPA, and some who had no formal education at all.

The Tennessee Lottery was enacted as be a carrot for those children and their families who are not financially capable of providing an upper level education for their children. Basically, it was enacted as a beacon of hope to the underserved population of our communities.

Although we (humanity) can be quick to condemn individuals who look and act differently from the way we’ve been taught, it serves no purpose to deny our children an education simply because they failed to meet a standard we arbitrarily set.

Setting the GPA at 3.0 is simply a means of establishing a permanent underclass within our society. In other words, as long as we have those who cannot meet our standards, we will have the workforce that can be preyed upon to do the menial tasks we choose not to do.

In 2005, our state legislators voted to sanction a lottery system to generate funds for use in assisting our youth in the realization of the American dream: “an opportunity to acquire a college education.” With our approval, Tennessee was moving in the direction of becoming an inclusive state. Modeling the lottery after the neighboring states of Georgia and Kentucky, officials put in place a program that would soon become a catalyst to help the state’s disadvantaged children become productive citizens.

Lately, a growing trend is focused on taking away this beacon of HOPE. There are those who feel the monies collected as a result of enacting the Tennessee Lottery could be used for other purposes. According to the Leaf Chronicle opinion, building schools should be one of those alternatives.

The writer of the editorial surmised that a child who maintains less than a 3.0 GPA is not worthy of receiving support from the HOPE Scholarship Fund. This position, I believe, is based on personal bias and ingrained indignation for the child who is struggling to get out of a cold bed in the morning, dress him- or herself and make it to the bus stop because they hope a better day is just over the horizon.

That horizon includes the Tennessee HOPE Scholarship, established to give deserving children a means of divesting themselves of the drab conditions they are forced to survive in each day of their lives. To these children, HOPE means they do have a chance to do better; they can strive to work for employers that will pay them more than minimum wage. It means not having to live from paycheck to paycheck. It means being able to afford to buy fruits and vegetables, having a real family, being able to afford medical insurance for themselves and their families, being able to provide dental care for themselves and their family, owning a nice car and being able to afford the fuel and maintenance required to maintain it, owning versus renting the house they reside in, and allowing them to build a retirement fund to be left to their children and their children’s children upon their demise. Believe it or not, ALL of these quality of life elements require an education.

Americans that I respect have vision, integrity, and pride. Let us stop stereotyping those who are less fortunate than we are and start encouraging our youth to reach for the stars. Simply put—Lets keep the HOPE in the Hope scholarship program.