State Senator Tim Barnes and State Representative Joe Pitts speaking at Veterans Plaza during the 2008 Election.

NASHVILLE – Senator Tim Barnes and Representative Joe Pitts co-sponsored legislation that will make it easier for organizations that feed the homeless to do their work.

The legislation, which passed unanimously in both the Senate and the House, allows not-for-profit groups to provide meals for the homeless without paying costly permit fees that govern restaurants and other commercial food service establishments.

“These organizations and the good folks that run them depend on donations to do their work,” Senator Barnes said. “Their resources, especially in times like these, are small, and the need for their services is great.

“Sen. Barnes and I became aware of this problem by working with Loaves and Fishes,” Rep. Pitts said. “Loaves and Fishes provides invaluable services to Montgomery County, and with this legislation, they will no longer have to bear the costly burden that regulations would place on them.”

Loaves and Fishes is located in Clarksville and serves 150-200 meals from 10:30 a.m. until noon six days a week. They have operated a food kitchen and food distribution center for 25 years.

The legislation co-sponsored by Senator Barnes and Representative Pitts also makes allowances for non-profit volunteer organizations that provide food and lodging for families of out-of-town children undergoing medical treatment – such as the Ronald McDonald Houses.

Sen. Tim Barnes represents Cheatham, Houston, and Montgomery Counties. You can contact his office at sen.tim..gov or 1-800-449-8366, extension 1-2374 or 305 War Memorial Building, Nashville, TN 37243-0222.

Rep. Pitts represents Montgomery County. You can contact his office at rep.joe..gov or 1-800-449-8366, extension 1-2043 or 109 War Memorial Building, Nashville, TN 37243-0222.

• 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…

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. This week:

• Unemployment
• Education

House Democrats sponsor bill to let unemployed go back to school

Legislation allows laid off workers to retain unemployment benefits while going back to school

NASHVILLE – On Thursday, State Representative Joe Pitts (D-Clarksville), along with all present members of the Tennessee House of Representatives, voted to give laid off Tennesseans the ability to go back to school without losing their unemployment.

“There are tens of thousands of Tennesseans who have lost their jobs during this economic slowdown and currently they can’t go back to school without losing the one thing keeping them from being out on the street,” said Pitts. “We should be helping these people retrain for the jobs of tomorrow, not forcing them to choose between a roof over their head or the classes they need to succeed in tomorrow’s economy.”

Under the legislation sponsored by State Representatives Joe Towns (D-Memphis), G.A. Hardaway (D-Memphis) and Henry Fincher (D-Cookeville), a person who is currently receiving unemployment benefits due to losing their job would not be denied those benefits if they choose to go back to college while they continue their search for new employment.

“We have people of every age and background no longer able to find work because their skills don’t match the available jobs,” said Pitts. “This legislation allows people to gain the skills they need without having to sacrifice the only source of income available to them.”

The bill passed the House unanimously 96-0 and will now wait on the Senate to take action on the measure. Earlier this month the bill was placed in the General Subcommittee of Commerce, Labor and Agriculture. The United States Congress is also slated to take up similar legislation later this year.

• 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…

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. This week:

• State Budget
• Truth in Campaigning

Final revenue projections to be released in preparation for budget negotiations

(NASHVILLE) – As many committees and subcommittees conducted their final meetings of the 2009 Session, the Tennessee House of Representatives also began the process of drafting a final budget for the upcoming 2009-2010 fiscal year.

“We deal with a variety of issues throughout the year, but the most important work we do is creating a balanced budget that funds those programs important to working Tennesseans,” said State Representative Joe Pitts (D-Clarksville). “Our state has a tradition of passing balanced budgets and this year will be no exception.”

On Friday, the state funding board meets to set revenue projections for the coming fiscal year. Expectations are low that state revenues will make a significant rebound. Once the projections are announced, state representatives will begin the final stretch of the 2009 session. Governor Bredesen is also expected to deliver his final budget amendment later this month.

“Even though we have the help of the American Recovery and Revitalization Act from Congress, the bottom line is that we have to make some very tough cuts in order to balance our budget,” said Pitts. “Just like working families across Tennessee have to make tough choices in these tough economic times, so too will the House of Representatives.”

DEMOCRATS LEAD CHARGE FOR TRUTH IN CAMPAIGNING

Legislation holds political campaigns and bloggers to same standards at news media

On Monday, the House of Representatives voted overwhelmingly to adopt the “Fair Campaigning Act of 2009,” a bill that would address false attacks and hold political campaigns, organizations, bloggers and others to the same standards as traditional news media outlets.

“The public has for too long been subject to false and inappropriate ads from out-of-control political groups,” said Pitts. “No matter what party you belong to or what issues you support, you should always speak truth to the public and those who choose to promote false information should be held accountable.”

Under the bill, if a person or campaign knowingly publishes, broadcasts, or distributes any false and defamatory campaign literature or political advertisement relating to the conduct, fitness, or record of a candidate for public office, then that person could be held liable in a court of law.

“For too long we have allowed false information to run around as truth and rewarded such inappropriate behavior,” said Pitts. “With this legislation, civil discourse and quality debate among candidates is protected and those who engage in lies can be appropriately punished.”

The legislation is scheduled to be heard in the Senate State & Local Government on May 5th and could be passed by the Senate later this month.

DUI package delayed by committee

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

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

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

Election bills move forward

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

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

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

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

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

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

Republicans sponsor open government proposals

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

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

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

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

In brief…

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

The Week Ahead…

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

This week, the House moves spring sales tax holiday to April, tax breaks for disabled homeowners approved, scrap metal theft legislation moves to budget subcommittee, green laws continuing movement through committees, border dispute resolution expected on House floor soon, and animal abuse registry in full judiciary committee

NASHVILLE (Mar. 6) – This week the Tennessee House of Representatives passed legislation changing the spring sales tax holiday from the weekend of March 21 to the weekend of April 25.

“There were a lot of people who felt that having the sales tax holiday on the same weekend as Easter would limit people’s ability to take advantage of the savings as well as take away from the importance of the holiday,” said House Democratic Caucus Chairman Randy Rinks (D-Savannah). “We were glad that with last year’s budget surplus we’re able to give back to those who deserve it the most – the taxpayer.”

The spring sales tax holiday weekend will take place on April 25 through 27 and will be available on all products designated school supplies. For a complete list of products that qualify for the sales tax holiday, go to http://www.tntaxholiday.com/.

This week the House also passed a bill expanding property tax relief to disabled homeowners. Passing unanimously, House Bill 2455 raises the maximum income for disabled homeowners to $24,000 for the 2007 tax year.

“This legislation continues the momentum we set last year to provide tax relief for Tennessee’s most vulnerable citizens like our seniors and our disabled military veterans,” said Representative Joe Pitts (D-Clarksville), prime sponsor of the legislation. “Our job is to continue to look for ways to help those who need it.”

Scrap Metal Theft Legislation Moves to Budget Subcommittee

The consequences of scrap metal theft continue to make headlines in the news and this week a bill to combat those crimes was moved out of the House Government Operations Committee for hearings in the Budget Subcommittee of the House Finance, Ways and Means Committee.

“As the economy continues to waiver, and as prices on precious metals like copper continue to skyrocket, we will continue to see scrap metal theft increase,” said Chairman Mike McDonald (D-Portland). “This bill is vital to combating this growing crisis in Tennessee and needs swift passage through the House.”

House Bill 2433 would require anyone buying or selling scrap metal to register with the Department of Commerce and Insurance, and would prohibit immediate payment for purchased of copper, catalytic converters and air conditioner evaporator coils. The bill would also increase criminal penalties and civil forfeitures for those who violate the law.

“Those who own businesses dealing in scrap metal are just as liable as those who would steal and sell it,” said McDonald. “We have to deter this illegal practice and protect the honest and hardworking citizens of this state.”

Green Laws Continuing Movement through Committees

A number of bills focusing on the reduction of Tennessee’s energy consumption and production of greenhouse gases made their way through the committee system this week.

“As private businesses start to embrace energy conservation and green policies, so should we in the state,” said Rep. Gary Moore (D-Nashville). “We must do our part to protect our surroundings and keep it safe and clean for the next generation.”

Three bills focusing on the energy management and conservation were placed on the calendar of State and Local Government. House Bills 2815, 2816 and 2817, sponsored by Chairman Mike McDonald, all deal with expanding and developing new strategies for energy conservation among state departments and agencies. A bill by Rep. Moore, that is expected to be heard in House Government Operations next week, encourages the State Building Commission to adopt rules and regulations requiring design, construction and certification of state building to fall in line with that of equivalent green standards.

“Living green no longer means living out of the mainstream,” said Moore. “Our cars, our homes, our farms, our towns all have ways to be less destructive on the environment and we should embrace those tools in our state government.”

Border Dispute Resolution Expected on House Floor Soon

A bill rejecting the Georgia Legislature’s request to form a multi-state study group with the goal of redrawing the state line between Georgia and Tennessee moved swiftly through committee and is expected on the House floor soon.

House Joint-Resolution 919 states that Tennessee will not engage in talks regarding changes to its nearly 200-year-old state border with Georgia and that any attempt to do so by Georgia would be defeated by precedents upheld by the United States Supreme Court.

“I understand that the drought situation in Georgia, specifically in Atlanta, is quite severe and I can sympathize with what the people of Georgia are going through,” said House Major Leader Gary Odom (D-Nashville). “But moving a nearly two-hundred-year-old border so you can steal another state’s water is flat wrong and does nothing to address the real problem.”

The joint resolution is expected to be taken up next week.

Animal Abuse Registry in Full Judiciary Committee

Finally, a bill that would put those convicted of animal abuse on a registry list similar to the current sex offender registry is expected to be taken up by the full House Judiciary Committee next week.

“Most everyone I know, like myself, is an animal lover whose heart breaks when you hear stories of animal abuse and cruelty,” said Chairman Janis Sontany (D-Nashville). “Having a registry for those who commit such acts will not only be a great way to monitor abusers, but hopefully will work as a deterrent for those who might think to hurt an animal.”

The “Tennessee Animal Abuser Registration, Tracking and Verification Act of 2008” establishes registration, verification and tracking requirements for an animal abuser, which means any person who commits aggravated cruelty to animals, felony animal fighting, or bestiality. The requirements under this bill are similar to the present law requirements for sex offenders, with the Tennessee Bureau of Investigation (TBI) maintaining the registry.

The bill is slated to be reviewed by the full committee on Wednesday of next week.

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

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

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

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

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

Finally, the NTSB urged passage of a more uniform and mandatory system for installation of interlock devices to immobilize the vehicle of a drunk driver upon detection of alcohol in their body. Interlock devices are small pieces of equipment attached to the steering wheel of a car with a tube that the driver must breathe into in order to allow the ignition to start. Republicans are focused on passing many of these DUI laws this year in their comprehensive package, bringing Tennessee up to speed with the majority of states in the nation.

Flag bill nearly scuttled in committee

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

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

In brief…

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

The week ahead…

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

Senator Rosalind Kurita, Speaker Pro Tempore, and Rep. Joseph Pitts of the 67th District are featured guests.

The MCDP is also asking for donations of American-made toys for the annual Fire Fighters Toy Drive. Toys may be brought to the party. the public at large is also asked to support the Firefighters toy drive with donations of toys that can be dropped off at any fire station in Clarksville.

For more information, call 931-216-9795 or 931-801-4821. Information on American made toys can be referenced at Clarksville Online’s Nov. 25 story, Toy Shopping? Buy Made in the the USA“.

(ASHLAND CITY) – Bruce Gibbs, democratic candidate for State Representative in District 78, today challenged State Representative Phillip Johnson to seven debates.“Every voter in Cheatham, Montgomery and Williamson Counties deserves to know where Phillip and I stand on the issues that are important to our communities,” Gibbs said. “I look forward to debating and discussing the issues in an open and objective forum, and I trust that Philip is willing to give the voters this opportunity.”

Gibbs has proposed a debate in each of the following communities: Ashland City, Pleasant View, Kingston Springs, Woodlawn, Cunningham and Fairview. These seven communities are located in the three counties that compose District 78.

“I believe it’s time for a change in the 78th district. We need real leadership that produces real results for our families,” said Gibbs. “We should be focused on bringing new resources to our schools and teachers, increasing access to affordable healthcare, and attracting more and better job opportunities to our community.”

Bruce Gibbs, former teacher, coach and Director of Schools in Cheatham County, is running for state representative in District 78. Gibbs kicked off his campaign August 26th with friends and supporters at Riverbluff Park in Ashland City. Those in attendance included Commissioner of Revenue Loren Chumley, State Representative Butch Borchert of Camden, former State Representative Tommy Head of Clarksville, and AFL-CIO President Jerry Lee.

The election for State Representative is November 7 with Early Voting beginning October 18. Bruce Gibbs and his wife, Elaine, live in Ashland City.

For more information Contact:
Bruce Gibbs
(615) 792-7144

This event will be held  on Tuesday, September 19, 2006 at 6:30 pm at the First Federal Savings Bank in the meeting room. The bank is located at 1800 Fort Campbell Blvd in Clarksville, TN. It is sponsored by the Committee to elect Bruce Gibbs, Verba Gibbs, Treasurer. For more information, please call 931-552-9076.

I just wanted to invite you and your family and friends to an afternoon of fun, fellowship and catfish. Bruce Gibbs for State Representative Campaign Kick-Off is this Saturday afternoon at 4pm at Riverbluff Park in Ashland City. I am running for District 78 State Representative and hope you and your family and friends can attend to kick-off our campaign.

For information on tickets, location, and agenda:

There will be a catfish fry and music provided by the Chill Jammers. Scheduled speakers are Commissioner of Revenue Loren Chumley, Cheatham County Democratic Chairman David Davidson and Democratic candidate for District 78 State Representative Bruce Gibbs.

Tickets are $25 and can be purchased Saturday when you arrive. You can also reserve your tickets by email or by calling 615-812-5788.

River Bluff Park is located in Ashland City at the intersection of Highway 49 and Tennessee Waltz Parkway on the Cumberland River. See the MapQuest Map

I hope to see you Saturday to kick this campaign off to bring leadership to District 78 with a platform of improving education, access to affordable health care and job opportunities.

Sincerely,
Bruce Gibbs