The evidence?  Well, the latest example comes from Rush Limbaugh, the voice of the Republican Party, and his right-wing copycats as they denounce the President’s “Cash for Clunkers” program. The hugely popular program put money into the hands of local car dealerships, who are taking a beating in the never-ending Bush Recession.  Cash for Clunkers has allowed countless car dealers to stay in business and keep employees hired.  So therefore, by opposing the program, Republicans hurt businesses.

There’s also the right-wing outrage over healthcare reform, which would help the bottom line of small business owners as they try to afford health insurance for their employees.   On a larger scale, reforming healthcare would bring some 50 million new customers into the health insurance market to buy goods and services that would help doctors, nurses, clinics, hospitals, medical supply companies, and the thousands of small businesses and vendors who have contracts in the healthcare industry prosper.  Again, by opposing reform, the Republicans hurt businesses.

And of course, the so-called “Cap-And-Trade” bill, which Republicans opposed, had major incentives and tax credits available for new “pro-green” companies and industries that would create thousands of jobs and pump money into the economy (and the markets).  By opposing this legislation, Republicans hurt businesses.

We already knew that Conservatives hate working people.  After all, they have opposed nearly every program or effort over the last 80 years that has benefited working families and have created the middle class.   Social Security, Medicare, the minimum wage, and OSHA come to mind.  But not being content with beating up on workers, now they’re turning their sights on their own traditional allies – business.

Who knew Republicans were anti-capitalists?  Makes you wonder who will support them in the next election.  I mean, besides ultra right-wing extremists…

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

State sovereignty resolution continues forward

Tennessee Joins 8 other states in reclaiming state sovereignty

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

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

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

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

Legislation to expand charter schools deferred for one week

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

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

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

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

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

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

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

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

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

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

In case you missed it…

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

The week ahead…

Case in point… Kathleen Sebelius, the President’s nominee for Secretary of Health and Human Services, was finally confirmed by the Senate only after being held up by Republicans for nearly two months. And it wasn’t just Sebelius who was stonewalled by the GOP. As of this writing, there are still 15 other top positions at HHS awaiting Senate confirmation, along with a director for the Center for Disease Control. You would think that an outbreak of swine flu – one which is suspected of killing 149 people and sickening some 1,600 others in Mexico and which has already killed a 2 year old child in Texas – would encourage the Party of No to say “yes” to confirming the President’s properly vetted public health officials. Right?

Not so fast. Indeed, the HHS and CDC stonewalling from the Republicans is only the latest in a series of political kamikaze moves that demonstrates that the Republican Party seems to be willing to risk public safety – and American lives – to score political points with their (rapidly dimishing) base of supporters.

One of the GOP’s more infamous political games that ultimately ended up costing thousands of American lives began in 1997 with the Gore Commission report. In the wake of the 1996 crash of TWA Flight 800, President Clinton asked Vice-President Gore to chair a bipartisan commission with the goal of improving air transportation safety. As a result, the White House Commission on Aviation Safety and Security, commonly known as “The Gore Commission”, conducted an in-depth analysis of the U.S. commercial airlines’ safeguards against terrorist attacks. In its final report, the Gore Commission concluded, “the Commission believes that terrorist attacks on civil aviation are directed at the United States, and that there should be an ongoing federal commitment to reducing the threats that they pose.” To that end, the Commission proposed over 50 recommendations to improve security and protect America from terrorism. Enter the airline industry, which the year before had given major political contributions to eight of the nine Republicans on the Subcommittee that was in charge of reviewing and implementing the Commission’s regulations. You can guess the rest of the story. The Gore Commission’s recommendations were mocked by conservatives as “alarmist” and “reactionary” and were then promptly ignored. Four years later, on September 11, 2001, nearly 3,000 innocent civilians were killed as a result of major breaches in our aviation security grid.

Similar tactics and political game-playing by the GOP have also been a recurring theme in the debate over global warming – another legitimate threat to public safety that Republicans refuse to entirely take seriously. There is a pattern here. A pattern where elected Republican officials obstruct or play political games to appease either their radical supporters (in the case of Sebelius) or their corporate donors (in the case of aviation security and global warming)… even with the threat of mass casualties looming. It is important to keep this pattern in mind as the fight for healthcare reform starts to take shape in the halls of Congress. After all, if the modern Republican Party doesn’t take terrorist attacks, global warming, or a possible pandemic seriously enough to work with their opposition, what do you think they will do in their response to deal with our healthcare crisis?

Get ready for a long, bloody battle over healthcare. Now, more than ever, our elected officials are going to need to hear from us on the need for change. Whether you consider yourself a Democrat, an Independent, or a Republican, it is all of our duty as patriots to make sure that no more lives are lost while a political party tries to score points.

• Charter Schools
• SJR 127 (Abortion)
• Gun rights
• State Sovereignty

Legislation to expand charter schools moves out of K-12 Education Subcommittee

After dedicating several subcommittee meetings to the discussion of charter school legislation, the K-12 Education Subcommittee moved House Bill 2146 to the full Education Committee, where it will be presented next week. The subcommittee discussed at length this week the pros and cons of expanding eligibility to charter schools. In addition to expanding eligibility to more students, the legislation clarifies funding and addresses rules for renewal of the public charter schools. Tennessee currently has one of the most restrictive public charter school laws in the nation.

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

A report released last year by Tennessee’s Comptroller’s Office titled “Tennessee’s Charter Schools: Issues of Innovation and Sustainability,” found student eligibility restrictions and limited facilities funding may compromise the long-term viability of individual charter schools and recommended many of the changes included in the bill. The report recommended that the General Assembly consider making eligibility for charter school enrollment less restrictive and consider more precisely defining state and local charter school facilities funding responsibilities. In addition, the report recommended that the state should also identify charter schools’ best practices and implement a system for disseminating that information to traditional schools. Tennessee now has 15 public charter schools, with six more opening in the fall. Of those 22 schools, Nashville will have five, Chattanooga will have two, and Memphis will have 15. The Memphis City School System also is converting four schools to charters this fall.

Pro-life measure makes historic trip to the House floor

Senate Joint Resolution 127 continues its historic journey through the House, having never made it beyond the Public Health Subcommittee until this year. In previous years, Democrats have blocked the constitutional amendment in the subcommittee, a move that Republicans argued subverted the right of the people to vote on the measure. This week, the amendment cleared  the Finance, Ways and Means Committee after Secretary of State Tre Hargett stated in a memo that his office will absorb the cost within their existing budget so that the legislature does not have to allocate funds in a time of budget shortfall. On Thursday, SJR 127 moved out of the Calendar and Rules Committee, and is scheduled for a floor vote in the House on Monday evening.

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

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

Legislation to protect lawful gun owners approved by House

After hours of debate in various committees, legislation to protect lawful gun owners passed with little discussion on the House floor Monday night. House Bill 959 will exempt the handgun carry permit list from the Open Records Act, but will carry no penalty for entities that do publish the list due to concerns about First Amendment violations.

Tennesseans became outraged when the Commercial Appeal, a Memphis-based newspaper, published the handgun carry permit database in an easily searchable format on their website. Republicans criticized the paper, calling the action ‘irresponsible’ and ‘dangerous.’ The House GOP contended that in addition to printing a list that would make it easier for criminals to steal weapons, non-gun owners were also at risk because it would be easy for criminals to use the database to find homes that likely did not have a firearm.

The Senate companion bill has cleared the Senate Judiciary Committee, and is headed to the Senate floor for a vote.

Resolution to reclaim state sovereignty is discussed in Civil Practice subcommittee

As the federal government continues to assert dominance over state budgetary issues, a growing number of states are attempting to pass resolutions reclaiming their state sovereignty. The House took the first step in approving such a resolution, House Joint Resolution 108, with the Civil Practice and Procedure Subcommittee overwhelmingly passing the Republican-sponsored measure.

The Senate has already approved another version, Senate Joint Resolution 311, with a unanimous vote. Republicans say the resolutions are designed to send Congress a message that the federal government continues to disregard the clear and concise constitutional powers granted to them with regard to the states. The resolutions point out that it was the states that granted certain limited power to the federal government, not the other way around. Republicans argue that currently, states are treated as agents of the federal government.

The House version will face the full House Judiciary Committee next week.

In case you missed it…

• House Bill 2357, a measure proposed by House Republicans to save the legislature money, passed the House unanimously this week. The bill has already passed the Senate, and is now on its way to the Governor’s desk. The legislation would eliminate the Legislative Record, a weekly printed book that contains a summary of every bill filed, since the Record is available in a more accurate, up-to-date format on the legislature’s website. The bill allows for only one book to be published at the end of the year, potentially saving the legislature roughly $90,000.
• The Republican-sponsored “Education Pays” proposal passed unanimously on the House floor Monday night. “Education Pays” seeks to encourage student academic achievement through awarding cash rewards. An “Education Pays reward” is a reward of cash or other thing of value given to students or the parent or guardian of a student or both in recognition of academic achievement. The bill authorizes funding of an Education Pays pilot program through private funds.
• House Bill 431 was passed by the House this week, and seeks to expand the recognition of homeschoolers’ diplomas. The bill requires that diplomas issued by home schools be recognized by all state and local governmental entities as having the same rights and privileges of diplomas issued by public school systems. Debate over the bill raged on the House floor for over an hour, after which a motion was made that the Calendar and Rules Committee would set a time to limit debate. After holding a brief committee meeting during a recess on the House floor, House Bill 431 eventually passed with a 61-27 vote.

The week ahead…

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.

In that debate, Moderator Gwen Ifill asked Senator Biden if he supported “as they do in Alaska, granting same-sex benefits to couples.” His answer was a resounding, “absolutely.” He further said that under an Obama administration, there would be no distinction between same-sex couples and heterosexual couples. When pressed on whether he supported gay marriage, he said no.

Palin’s response was, well, pathetic. It was the same kind of yammering she gave Katie Couric on the topic only a day before that she has “dear friends” who were gay and that she would “tolerate” and “be tolerant” of same-sex couples. Never mind the fact that she’s said before that she believes that sexual orientation is a choice that can be “prayed away.”

Let me say this clearly. I don’t care how much of a pit bull she thinks she is. Sarah, you and your “tolerance” can bite me. We don’t need “tolerance.” We don’t even need assurances that “contracts can be signed.” What we really need is protection — from people just like you.

Tolerance indeed. The last thing we need is a vice president who doesn’t even have the guts to even talk clearly about same-sex couples. She’s no barracuda. More like a betta. That’s a teensy little fish that’s all frills and fight, and wouldn’t even be a proper snack for a cat.

But, I digress.

This only illustrates the simple reality – both parties are the same on paper. Democrats are often long on promises, but short on delivery. Bill Clinton’s promise to allow gays to serve in the military collapsed into the single worst policy in US military history: Don’t Ask, Don’t Tell. This would allow gays to serve as long as they don’t act gay or disclose their sexual orientation.

Obama has promised to rescind the policy and let gays serve. McCain promised to take advice from his generals (most of whom are as homophobic as their grunts). But would either actually sign any law that would grant gays to serve their country with honor? Well, I’m not going to hold my breath.

As I’ve said before, the big issue in 2004 and 2006 was gay marriage. States all around the country have clamored to pass anti-gay marriage amendments because they all know what Biden said: that the constitution allows for same-sex marriage. This is why bigoted reich-wing groups like the American Family Association are so adamant to get these atrocities passed – not because they’re afraid of “activist judges,” but because they know the Constitution (darn that pesky fourteenth amendment!) guarantees equal protection under the law. So their only hope is to write discrimination into a document that is at its core — liberty.

Many of my fellow gay activists are angry that none of the Presidential or Vice Presidential candidates openly supports gay marriage. Truthfully, I’m okay with this. Because of this, it actually takes the candy of anti-gay bigotry out of the mouths of the already-sugar high right wing nuts who are salivating to have their pet issue back on the lips and ballots of the American people. Too bad. Maybe they’ll boycott themselves one day.

In fact, two of the three states that have constitutional amendments on the ballot, Florida and California, are likely to reject those amendments. The third, Arizona, already has rejected it once. It’s not the driving issue of the day. Thank God.

Let me say this, though. The United States of America, as a whole, is not ready for gay marriage. This isn’t an issue that’s going to go away overnight, and it’s not going to be solved with a simple presidential proclamation. As time goes on, we’ll see more and more states pass laws allowing for civil unions and domestic partnerships. If we’re EVER to see gay marriage in all 50 states, then it will be through education, understanding, and something far more than tolerance: patience. Americans are slow to change, and we’re slow to look beyond ourselves. But that’s what it’s going to take.

If we’re ever to see marriage, we’ve got to have a full set of protections in place first. Why the hell are we blathering about marriage, when in many states – including Tennessee – we don’t even have basic protections in housing and employment? What good is it to be able to marry when there aren’t even hate-crime laws in place across most of the country — including in Wyoming, where Matthew Shepard was killed ten years ago? There’s not even a hate crime law in place at the federal level!

Seriously, folks – let’s not get into the idea that we have to have this pie in the sky when we don’t even have the key ingredients needed for that pie? When even Alaska has a meager domestic partnership policy in place – mandated by its supreme court, it’s clear that we have a long way to go. That policy is still in flux, and several attempts have been made to nullify the court’s ruling. As a my friend Michael Rowe says, Quel surprise! “Tolerance,” indeed.

So we only got one question in the Veep debate. And it was about gay marriage. The two candidates even agreed on it. “Okay, let’s move on,” Ifill said. What an excellent idea.

As posted on Skipping to the Piccolo

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)