Tanner-Update-on-Health-Care-0802091.mp3

Below is a transcript of Congressman Tanner’s remarks:

Hello, this is John Tanner. I want to talk to you a few minutes about the issues surrounding health care reform. As you know, the issue is consuming much time in Washington and across the country, and I wanted to try to provide you an update on where things stand.

First of all, let me stress how complicated this entire issue is. We are not working on this as citizens because the issue is fun or easy. We are working on it because the current health care delivery system is simply not sustainable.

In the United States, the quality of our medical care continues to be very good, and most of us are well-satisfied with our insurance plans, but the system through which we finance care is far from perfect. Inefficiencies, waste and ineffective payment incentives increase the costs and fail many times to reward high-quality care.

Medical costs – insurance premiums, deductibles and so on – are breaking the budgets of families and small businesses in Tennessee, as well as the federal budget. We will never be able to balance the federal budget and maintain our economic freedom if we do not somehow stem the ever-rising cost of health care.

For these reasons, most of us realize that reform of our country’s health care system is needed. It’s needed for the part that is broken, and we need to continue the part that works.

Five committees – three in the House and two in the Senate – are working on various versions of health care reform legislation. There is not yet a final bill to vote on. Many of the provisions being discussed are good ideas: incentives for higher quality; administrative simplification; coordinated care; maintenance of the employer-based system; and a clause that says patients cannot be denied coverage for pre-existing conditions.

However, we have concerns – those of us in the Blue Dogs – about the testimony of the non-partisan Congressional Budget Office, which indicated that the health reform bills that have thus far been introduced do not contain or achieve the long-term cost containment which is critical to the success of any reform effort. Because of these concerns and others, I had to vote against the current legislation during consideration in the Ways and Means Committee.

The problems facing the Congress with health care reform are as challenging as any domestic issue I have ever encountered. Everyone agrees that the overall goals of health reform should be cost containment, consumer choice, increased access and the maintenance of our high standard of quality care. Not surprisingly, not everyone agrees on how to achieve those goals, but everyone stands to benefit if we, together, can get it right.

I’m going to continue to talk with Members of Congress to produce a bill that provides accessible, affordable health care that all of us can be proud of.

In that vein, I welcome warmly any ideas that you may want to send to our offices in Tennessee or in Washington. I appreciate your time, and as this matter unfolds, I hope we can stay in touch and in contact, because this is a big deal. It affects all of us, and it is something that if we get right, all of us will reap benefits from, and our nation can hopefully be a healthier one.

Thank you very much.

About Congressman John Tanner

John Tanner represents the 8th Congressional District in West and Middle Tennessee. Co-founder of the fiscally conservative Blue Dog Democrats, Tanner serves on the Ways and Means Committee, where he chairs the Social Security Subcommittee, and on the Foreign Affairs Committee. A veteran of the U.S. Navy and the Tennessee Army National Guard, Tanner chairs the U.S. delegation to the NATO Parliamentary Assembly and is serving a two-year term as NATO PA President.

Unemployment has now reached 9.1% in Tennessee, with Perry County topping the list at 27%. Tax collections and state revenues are down, just as the need for government assistance and public services is skyrocketing. The number of people on food stamps, along with those losing their health insurance increases exponentially, while manufacturers and retailers from Memphis to Kingsport shut down their businesses – wiping out relatively good-paying jobs and whole regional economies.

Enter the Tennessee Republican Party, who declared victory upon taking the reins of leadership in the General Assembly for the first time since Reconstruction. The TNGOP, who barely eked out a win here in November, moved quickly to announce an agenda that would show all Tennesseans that the Republican Party was ready to handle the economic crisis.

Or not.

On November 10, 2008, just days after their election win, Republican leaders announced their agenda in the Memphis Commercial Appeal would include “allowing people with gun carry permits to take their firearms into places that serve alcohol“, “limits on… malpractice and other liability lawsuits”, “giving legislative leaders more control in the appointment of members of the judicial nominating commission”, “taxpayer funds for new [charter] schools, rather than [for] local school boards”, and their unflinching support for SJR-127, an anti-abortion bill that even its supporters admit does absolutely nothing to reduce the number of abortions in Tennessee.

But wait, there’s more. On February 23, 2009, TNGOP leaders announced a revised agenda for their legislative goals. Could it be that the Republicans decided that due to the economic crisis that they would focus more on checkbook issues? Or jobs? Not a chance. Instead, the Republicans added even more irrelevant, if not downright dangerous bills to their docket. More NRA bills, including ones to “reduce public and government access to gun owner information” a law that “would remove a requirement for gun dealers to thumbprint buyers,” and another that “would make handgun permit application information confidential”. Now, even state election laws are in the sights of Tennessee Republicans (who now happen to control every single county election commission in the state). For example, the “Voter Confidence Act” a bipartisan bill which passed last year and guaranteed an auditable paper trail for all voting machines, is in serious danger of being modified or killed. And there’s another Republican favorite – requiring a photo ID to vote – that they believe will stop hordes of illegal immigrants from voting, even though it is practically impossible for illegal immigrants to actually receive a voting card and there is zero evidence that this is actually happening. And lest we forget, the party of “family values” has decided that only straight, married people are fit to be parents, despite the fact that Tennessee sits at the top or near the top of the list among all states in divorce rate, domestic abuse, child abuse, and violent crime.

So there you have it. In the midst of one of the worst financial crises our state has seen since the Great Depression, the new Republican majority offers us Big Government on choice, adoption, and a living wage (by overturning the will of Memphis citizens who voted in favor of a living wage ordinance), the liberalization of our state gun laws, “judicial selection” (read: court-stacking) and “election reform” (read: voter suppression). Oh, and did I mention that about half of the Republican delegation actually believes that the President is not an American citizen?

In contrast, the Tennessee Democrats – by no means a poster child for liberalism – are nonetheless pushing a relevant agenda that is rooted in real-world solutions to real-world problems that affect nearly everyone in the state. According to a press release by the House Democratic Caucus, their agenda includes “providing quality education for all… increasing jobs and economic opportunities… promoting fiscal responsibility… providing affordable healthcare… supporting Tennessee’s ‘golden generation’… promoting equality and diversity… protecting Tennessee’s most vulnerable… improving safety and reducing crime… honoring patriotic service… investing in energy efficiency and protecting the environment”.

And despite now being the minority party that has a limited ability to move legislation, there are real bills by the Democrats that back up their agenda – bills that are struggling to get out of the Republican-controlled committee structure. Just a few worth mentioning include the “Pay Equity in the Workplace Act” which seeks equal pay for women doing the same work as men, “Helping Heroes” legislation that would expand education grant programs and funds to include current members of a reserve or National Guard unit, and “Crooks with Guns” legislation supported by district attorneys and law enforcement associations which would put tougher penalties on gun criminals. Democrats are also proposing a series of unexpectedly progressive environmental bills like HB2318, which among other things requires that statewide building construction safety standards include provisions for energy efficiency. And to his credit, Governor Phil Bredesen seems intent on closing a tax loophole that out-of-state businesses have been exploiting for years.

Time will tell whether Tennessee Democrats stand behind their new populist agenda. There is a long history in this state of Democrat appeasers who would rather just go along to get along then stand for something (the main reason the Democrats lost the election, by the way) and breaking that pattern entirely will take a long time. But when it comes to the issues, for those of you who still think that there’s little difference between the Democrats and Republicans in Tennessee, compare these two statements. Mike Turner (D-Old Hickory): “working families in Tennessee are hurting and desperately needing legislators to put them first.” And Tony Shipley (R-Kingsport): “they can do whatever they want out in California, with gays passing babies around, and violating God’s law, but when God drops California off into the sea, they will have to deal with the consequences of their actions.” With priorities like these, the Tennessee Republican Party won’t enjoy their majority status for very long.

It was revealed yesterday that on March 27, 2007, Williams solicited a sexual act from Rep. Susan Lynn in the legislative parking garage, telling her, “I will give a week’s pay just to see you naked.”

A memo written by Rep. Susan Lynn chronicles that Williams admitted the charge of sexual harassment, apologized to Rep. Lynn, and was reprimanded by Leader Mumpower.

Yesterday, Speaker Williams issued a public statement, saying, “I have never sexually harassed anyone nor have I been reprimanded for any such behavior.”

“Speaker Williams’s actions of sexual harassment were bad enough to begin with.  Denying that the events ever occurred, in effect calling Rep. Lynn a liar, is like spitting in the face of his victim,” said Rep. Kelsey from his law office in Memphis.

Rep. Kelsey continued, “Speaker Williams issued a false statement with the intent to deceive the public.  This type of dishonesty to the people of Tennessee is totally unacceptable from the leader of the House of Representatives.”

Rep. Kelsey has been a leader on issues of ethics throughout his four-year tenure in the House of Representatives.  He was the first member of the General Assembly to call for public hearings on whether indicted legislators should keep their seats in the wake of the Tennessee Waltz scandal,  and he introduced thirty-three amendments to strengthen the ethics bill in the special session on ethics in 2006.  He has been a vocal proponent of closing the loophole in the lobbyist gift ban for legislative receptions.

This is a link to the Ethics complaint:  http://docs.google.com/gview?a=v&attid=0.1&thid=11efb46e35d36ddf&mt=application%2Fpdf

State Representative Joe Pitts

Representative named to fill post vacated after November elections

Nashville, TN—On Thursday, the office of Tennessee Speaker of the House Jimmy Naifeh (D-Covington) announced the appointment of State Representative Joe Pitts (D-Clarksville) to the Joint Committee on Workers Compensation.

“I am honored that Speaker Naifeh has given me this opportunity to serve on the Workers Compensation Committee,” Pitts said. “Serving on this committee will give me the chance to serve all the workers of Tennessee.”

The Workers’ Compensation Committee is a special joint committee of the general assembly created under TCA 50-6-130. The committee is composed of eight members of the senate appointed by the Speaker of the Senate and eight members of the House of Representatives appointed by the Speaker of the House of Representatives.

The committee monitors the implementation of the Workers’ Compensation Reform Act of 1992 and subsequent reforms, and studies other programs, initiatives or topics related to the workers’ compensation system. The committee also promptly reviews and comments on any bill referred to the committee on a variety of topics including accidents and workplace safety, adequacy of benefits, stability and adequacy of relevant insurance markets, and other matters the committee deems relevant.

“Representative Pitts has repeatedly shown his commitment to working for the people of Tennessee and when a vacancy on this committee appeared, Joe was my first choice,” Speaker Naifeh said.

Pitts previously served as a member of the House State and Local Government Committee, State Government Subcommittee and the Utilities, Banking and Small Business Subcommittee.

For more information, please contact Representative Pitts office at (615) 741-2043 or e-mail at rep.joe..tn.us.

• 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)

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

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

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

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

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

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

New Legislation Combats Current Crisis of Predatory Mortgage Lenders

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

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

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

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

The bill now heads to Governor Bredesen for his signature.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Education Bills On Calendar for Full Committee This Week

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

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

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

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

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

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

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

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

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

Both bills are slated to be heard next week.

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

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

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

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

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

In brief…

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

The Week ahead…

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

This Minority Report has been produced at the direction of Representative John Conyers, Jr., Ranking Member of the House Judiciary Committee.The Report is divided into two principal parts – Part I, released in draft form in December, 2005, concerns “The Downing Street Minutes and Deception Manipulation, Torture, Retribution, and Cover-ups in the Iraq War;” and Part II, released in June 2006, concerns “Unlawful Domestic Surveillance and Related Civil Liberties Abuses under the Administration of George W. Bush.” (At the conclusion, They include an Addendum including additional matters which have come to light since Part I of the Report was issued in December, 2005 and Part II was written in May, 2006).

In preparing this Report They reviewed tens of thousands of documents and materials, including testimony submitted at two hearings held by Rep. Conyers concerning the Downing Street Minutes and warrantless domestic surveillance; hundreds of media reports, articles, and books, including interviews with past and present Administration employees and other confidential sources; scores of government and non-profit reports, hearings, and analyses; numerous letters and materials submitted to Rep. Conyers; staff interviews; relevant laws, cases, regulations, and administrative guidelines; and the Administration’s own words and statements.

In brief, They have found that there is substantial evidence the President, the Vice-President and other high ranking members of the Bush Administration misled Congress and the American people regarding the decision to go to war in Iraq; misstated and manipulated intelligence information regarding the justification for such war; countenanced torture and cruel, inhuman and degrading treatment in Iraq; permitted inappropriate retaliation against critics of their Administration; and approved domestic surveillance that is both illegal and unconstitutional.As further detailed in the Report, there is evidence that these actions violate a number of federal laws, including:

• Making False Statements to Congress, for example, saying you have learned Iraq is attempting to buy uranium from Niger, when you have been warned by the CIA that this is not the case.
• The War Powers Resolution and Misuse of Government Funds, for example, redeploying troops and initiating bombing raids before receiving congressional authorization.
• Federal laws and international treaties prohibiting torture and cruel, inhuman, and degrading treatment, for example, ordering detainees to be ghosted and removed, and tolerating and laying the legal ground work for their torture and mistreatment.
• Federal laws concerning retaliating against witnesses and other individuals, for example, demoting Bunnatine Greenhouse, the chief contracting officer at the Army Corps of Engineers, because she exposed contracting abuses involving Halliburton.
• Federal requirements concerning leaking and other misuse of intelligence, for example, failing to enforce the executive order requiring disciplining those who leak classified information, whether intentional or not.
• Federal regulations and ethical requirements governing conflicts of interest, for example, then Attorney General John Aschcroft’s being personally briefed on FBI interviews concerning possible misconduct by Karl Rove even though Mr. Rove had previously received nearly $750,000 in fees for political work on Mr. Ashcroft’s campaigns.
• Violating FISA and the Fourth Amendment, for example intercepting thousands of communications “to or from any person within the United States,” without obtaining a warrant.
• The Stored Communications Act of 1986 and the Communications Act of 1934, for example, obtaining millions of U.S. customer telephone records without obtaining a subpoena or warrant, without customer consent, and outside of any applicable “emergency exceptions.”
• The National Security Act, for example, failing to keep all Members of the House and Senate Intelligence Committees “fully and currently informed” of intelligence activities, such as the warrantless surveillance programs.

With regard to the NSA’s domestic surveillance programs, They have also found that members of the Bush Administration made a number of misleading statements regarding its operation and scope; the legal justifications proffered by the Bush Administration are constitutionally destabilizing; there is little evidence the programs have been beneficial in combating terrorism and may have affirmatively placed terrorism prosecutions at risk; and the programs appear to have designed and implemented in a manner designed to stifle legitimate concerns.

The Report rejects the frequent contention by the Bush Administration that their pre-war conduct has been reviewed and they have been exonerated.No entity has ever considered whether the Administration misled Americans about the decision to go to war. The Senate Intelligence Committee has not yet conducted a review of pre-war intelligence distortion and manipulation, while the presidentially appointed Silberman-Robb Commission Report specifically cautioned that intelligence manipulation “was not part of our inquiry.”There has also not been any independent inquiry concerning torture and other legal violations in Iraq; nor has there been an independent review of the pattern of cover-ups and political retribution by the Bush Administration against its critics, other than the very narrow and still ongoing inquiry of Special Counsel Fitzgerald into the outing of Valerie Plame.

There also has been no independent review of the circumstances surrounding the Bush Administration’s domestic spying scandals.The Administration summarily rejected all requests for special counsels, as well as reviews by the Department of Justice and Department of Defense Inspector Generals.When the DOJ Office of Professional Responsibility opened an investigation, the Bush Administration effectively squashed it by denying the investigators security clearances.Neither the House nor Senate Intelligence Committee have undertaken any sort of comprehensive investigation, and the Bush Administration has sought to cut off any court review of the NSA programs by repeatedly invoking the state secrets doctrine.

As a result of our findings, They have made a number of recommendations to help prevent the recurrence of these events in the future, including:

• obtaining enhanced investigatory authority to access documentary information and testimony regarding the various allegations set forth in this Report.
• reaffirming that FISA and the criminal code contain the exclusive means for conducting domestic warrantless surveillance and, to the extent that more personnel are needed to process FISA requests, increasing available resources.
• requiring the President to report on the pardon of any former or current officials who could implicate the President or other Administration officials implicated by pending investigations.
• requiring the President to notify Congress upon the declassification of intelligence information.
• providing for enhanced protection for national security whistle-blowers.
• strengthening the authority of the Privacy and Civil Liberties Oversight Board.

They also make a number of additional recommendations within the jurisdiction of the House Judiciary Committee to help respond to the ongoing threat of terrorism, including:

• increasing funding and resources for local law enforcement and first responders and insuring that anti-terrorism funds are distributed based on risk, not politics.
• implementing the 9-11 Commission Recommendations, including providing for enhanced port, infrastructure, and chemical plant security and ensuring that all loose nuclear materials are secured.
• banning corporate trade with state sponsors of terrorism and eliminating sovereign immunity protections for state sponsors of terrorism.
• enhancing laws against wartime fraud.

If you wish to read the full report and I highly recommend it, visit the following url:

http://www.house.gov/judiciary_democrats/iraqrept2.html

Perhaps we should consider enacting a constitutional amendment that would prevent one party from controlling all the three of the elected branches of our government (The President of the United States, the Senate, and the House of Representatives). The amendment would require at least one to be controlled  by the minority. So if the President is Republican and the House of Representatives and the Senate are both Republican controlled, they would have to turn the leadership of at least one branch of Congress over to the other party. They would still have the most members, just not the automatic leadership and control over the agenda, that we have with our current system.