News From The Floor

Weekly Wrap, 5/2/2011

Mon, 02 May 2011 05:00:00 GMT

House Passes Resolution Calling On Congress to Follow Tennessee’s Balanced Budget Plan

As the free-spending ways of Washington sink our nation further into debt, one Republican Representative guided a resolution to passage that calls on Congress to follow Tennessee’s model.

The resolution passed the House of Representatives 97 to 1, garnering bipartisan support. The measure simply encourages the U.S. Congress to return to the founding principles of limited government and fiscal responsibility to rein in spending. Additionally, the resolution advises Congress to follow the example set by Tennessee of balanced budgets and responsible spending cuts to provide a stable environment for the State.

“This legislation is a direct reflection of the will of Tennesseans. Our citizens are tired of seeing their hard-earned tax dollars being wasted in Washington on bailouts, giveaways, and out-of-control entitlement programs,” said the conservative Member. “We are simply sending a message to Washington to get its fiscal house in order. If they need a model of how to do that, all they need to do is look to Tennessee. We have navigated these rough economic times by maintaining a balanced budget, keep taxes low, and reining in burdensome government regulations.”

She concluded, “Certainly, I am proud of the efforts of the Republican leadership in Congress that have enacted reductions. We support them and want them to continue fighting for more so our country can flourish.”

The Chairwoman of the House Republican Caucus applauded the House and remarked, “This is a thoughtful resolution that asks Washington to clean up the mess it created. Tennesseans are encouraged by the Republican efforts to fight the out-of-control spending in Congress and we want to show Tennessee is behind them 100 percent. We believe our State provides a great model of how to manage government and let the private sector lead the way in job creation. Simply put, we are saying voters deserve more of Tennessee, not DC.”

Pro-Life Constitutional Amendment Advances in House

On Wednesday, House Republicans moved the legislation that will amend the State's Constitution. SJR 127 is a constitutional amendment that, when passed, will bring the Constitution of the State of Tennessee back to a position of neutrality regarding abortion. Once again, SJR 127 enjoys bi-partisan support.
The amendment is intended to restore to the people of Tennessee, acting through their elected state representatives and state senators, their rightful authority to regulate abortion, all within federal constitutional limits.

The Republican sponsor stated, “This amendment restores protections for citizens through common sense measures regarding a very personal matter in the lives of many women. It is important to note this amendment does not outlaw or criminalize abortion. SJR127 simply restores the authority of the people acting through their elected officials, to legislate abortion. Our State has a strong record of protecting life and this amendment will forever enshrine that principle in our Constitution.”
Republicans fought for the passage of the constitutional amendment for several years, but their efforts were blocked in subcommittees. The process for amending the State's Constitution is a long one. Joint resolutions must pass one General Assembly by a majority, which Republicans accomplished last year. In the subsequent General Assembly, it must be passed by two-thirds, before finally being put to the voters in the next gubernatorial election.
The measure was approved by the House Health & Human Resources Committee. It now goes to Calendar & Rules to be schedule for full House consideration.

GOP Protects Teacher Pay

On Wednesday, the Republican Majority passed legislation that protects teacher pay from reductions in Tennessee. While local school boards and municipalities face tight budgets along with other government agencies, Republicans are committed to making sure our valuable teachers are protected from budget cuts.

The legislation, House Bill 367, simply prohibits any local education agency from lowering teacher salaries, without a corresponding change in the teacher's duties, or lowering the amount spent for teacher benefits from one school year to the next.

The Republican author of the bill stated, “I have a strong belief that teachers need to know we support their hard work in the classroom and this bill shows that.” Another Member of the GOP Caucus added, “Our Majority is committed to giving a voice to all teachers and this legislation ensures our educators can rest assured we will fight to make sure their salaries are never reduced.”

House Republicans Close Criminal Code Loophole

After a lengthy discussion detailing the positive ways this legislation will aid victims of crime and families of victims, the Chairman of the House Judiciary Committee successfully passed HB 401, “The Exclusionary Rule Reform Act,” through the full House mid-week. The final vote, 89-9, showed there is strong bipartisan support for this measure.

The Republican-led General Assembly has been vigilant when it comes to protecting the rights and security of victims. Recent news reports have shown an alarming trend with violent criminals taking advantage of a loophole in Tennessee’s legal code.

HB 401 creates a “good faith exception” to the Exclusionary Rule so courts will have an legitimate alternative to allow evidence to be heard in a case and sets out a clear definition so there will be clarity on the issue.

The Republican sponsor of the bill proudly stated, “Criminals and defense attorneys have taken advantage of this loophole for years causing violent offenders, including murderers, to be released because of small clerical errors. In an effort to protect society and honor victims, I am proud to say we have closed this loophole.”

Republicans Slam the Door on Looters

On Tuesday, Republicans advanced a measure in response to a recent upswing in the reports of looting taking place following last week’s tragic storms that crossed the South and tore through Tennessee.

HB 1946, known as the “retail theft” bill, provides a new offense whereby courts may require a criminal to perform public service as designated by the court. The offender would be required to perform at least the number of hours of public service necessary to satisfy the fine assessed by the court at minimum wage.

The conservative sponsor of the legislation represents one of the areas devastated by the storms. He remarked, “Simply put, we crafted this bill to crack down on looters. These are some of the most despicable criminals who hurt families in their time of most need. Instead of just throwing them behind bars, this legislation ensures they are put to work rebuilding our communities and doing hard work to make up for their unacceptable crimes.”

The bill passed out of the House Judiciary Committee with a unanimous vote and was sent on to the Finance, Ways & Means Committee.

GOP Passes Major Protection for Tennessee Workers

During the mid-week, the House enacted HB 1747, a major protection for Tennessee’s workforce. In basic terms, the legislation ensures the Volunteer State’s workforce will never face intimidation or coercive tactics by unions ho are forcibly trying to unionize factories or workshops.

The bill ensures all employees, who want to select a bargaining representative for their workplace, may utilize a secret ballot – a core principle of American voting tradition.

One Republican who voted for the measure remarked, “Secret ballot voting is a basic American value that we must protect. No citizen should be forced to join a union or pay dues to a union just to have the opportunity to work and provide for their family.” Another conservative Member added, “For the last five years, unions have spent millions of dollars across the country to pass bills that effectively eliminate employees’ rights. With this legislation, we are forever ensuring those horrid tactics will never be a reality in Tennessee.”

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Weekly Wrap, 4/25/2011

Mon, 25 Apr 2011 05:00:00 GMT

Storms Tear Through Volunteer State

On Wednesday night, severe weather tore through the South with Tennessee sustaining heavy damage as the result of numerous tornadoes and destructive straight line winds. Overall, at least 260 were killed across the region. The latest figures have 33 Tennesseans losing their lives in the outbreak.

The Governor visited the scene of some of the worst devastation in East Tennessee with stops in Bradley and Hamilton County on Thursday afternoon. He said, “As we clear away debris and start the process of repairing lives, there are many in East Tennessee facing the unimaginable loss of a family member,” Haslam said. “On behalf of all Tennesseans, our thoughts and prayers go out to all of those affected by these storms.” The Governor has declared an official state of emergency for the State.

One House Member stated, “My family and I join the Governor and other State leaders in praying for the families who are dealing with this tragedy. I will be surveying the damage tomorrow with local officials and pledge to do all I can to help those citizens affected recover and rebuild their lives. It is a long road to recovery but I am confident we will rebound stronger than ever."

To open the House Session on Thursday, a bipartisan group of Members gathered to lead the Chamber in a moment of prayer for lives lost and families affected across Tennessee and throughout the South.

House Works to Reduce Size and Scope of Government, Increase Transparency

This week, the House began moving a Republican plan -- authored by the House Speaker -- that literally downsizes government operations and saves Tennessee taxpayers money. The legislation calls for the elimination of duplicative Committees. Overall, the move is expected to save nearly $1 million in taxpayer funds.

In praising the legislation, the House Speaker stated, “This legislation will save the State money while also eliminating duplication in our committee system. As Tennesseans are setting priorities in their family budgets, so too should the Legislature."

Constitutional Amendment to Ban State Income Tax Moves Through General Assembly

The House Finance, Ways & Means Subcommittee this week approved a measure that calls for a constitutional amendment that forever bans a State income tax in Tennessee. While many are comfortable with the Tennessee Constitution saying as much, many conservatives believe there needs to be a concrete prohibition enshrined in Tennessee law to prevent future legislators from examining an income tax as a source of revenue.

A Republican Member who supports the constitutional amendment said, “We all understand an income tax is not something any Tennessean ever wants to deal with. Our State has carefully cultivated a low-tax, business-friendly image and passage of this bill will help make sure we never ruin that reputation.” The measure now goes to full Finance Committee.

Tennessee was recently ranked as one of the friendliest States for business development and small business creation. Additionally, it was placed in the top five States for its low tax burden.

Common Sense Solution Crafted for Education Reform Proposal

Late in the week, an amendment to House Bill 130 was unveiled that promotes student achievement and encourages teaching excellence in Tennessee classrooms.

The amendment, added to the Senate version of the legislation, is a boon for Tennessee’s education system. It was crafted with the input of all interested stakeholders in education and empowers Tennessee teachers like never before.

Essentially, the amendment moves the education negotiating process from an adversarial approach to one of collaboration to do what is best for our students. Under the legislation, school boards and teachers will work together to advance a positive agenda for children in the classroom without dealing with the roadblocks of the past.

Most importantly, the bill now ensures individual teachers have a seat at the negotiating table and that their much-needed input will be fully utilized. Teachers are put in control of their careers with a hands-on approach. While critics say the bill does away with unions, that is not true under this amendment. In fact, all professional associations are preserved. The only item this bill ensures is that teachers no longer have to pay dues in order to have their voice heard at the negotiating table.

One conservative legislator stated, “This amendment takes the best ideas from the House and the best ideas from the Senate and brings them together to move education forward in Tennessee. Our teachers are given the authority they need to excel and our school boards have a roadmap for a collaborative way to raise education standards."

Pro-Business Tort Reforms Move to House Floor

Republican legislation that caps non-economic damage awards at $750,000 and at $1 million in cases where victims suffer certain catastrophic injuries was given final approval to move to the House Floor next week for full consideration by the Chamber. The bill also caps punitive damages meant to punish accidental negligence by businesses or individuals. Awards for injuries that can be quantified, such as medical care, rehabilitation, or loss of income, are not capped.

The bill is a central focus of the Republican legislative agenda. Proponents of the legislation believe these reforms will bring stability to the legal environment companies have to account for when considering relocation to Tennessee or doing business here.

On numerous occasions, the Republican Majority Leader has talked about the fact this reform will drastically improve the business prospects for Tennessee. “Leveling the playing field so Tennessee is more competitive with other States in the region is the smart thing to do for our citizens,” he said recently.

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Weekly Wrap, 4/18/2011

Mon, 18 Apr 2011 05:00:00 GMT

General Assembly Fights Tennessee’s Meth Problem

In a strong Republican move, the House approved HB 457—legislation that cracks down on derivatives of the deadly drug meth otherwise known as "bath salts" or "plant foods."

A wave of illicit drug production and illegal use has swept through parts of Tennessee where countless residents have been rushed to the hospital from the adverse effects of the drug. Various news outlets have even reported on many deaths directly linked to the rise in drug use associated with these ingredients.

The Speaker of the House congratulated the Republican bill sponsor and remarked, “Concerned constituents brought this issue to our attention, and it has been a top priority for our Majority.”

After passage of the legislation, the author of the legislation said, “I’m proud to have the unanimous support of my colleagues on this important issue.” He concluded, “Families in my district and across the State are being torn apart because of drug abuse. We cannot let this continue. I believe passage of this legislation moves us in the right direction for combating meth production in Tennessee. But we must do more. I will continue working with Members of the General Assembly to end the emotional toll and physical destruction meth is having on the lives of Tennesseans.”

Governor Announces Jobs4TN Plan

This week, the Governor and Economic and Community Development Commissioner (ECD) announced the Jobs4TN plan, which lays out the Administration’s economic development strategy resulting from a top-to-bottom review of the department. The plan is consistent with the principles laid out by the Republican Leadership of the General Assembly and implores unique initiatives to pave the way for job creation in Tennessee. The plan focuses on: Prioritizing the strategic recruitment of target industries; Assisting existing Tennessee businesses in expansions and remaining competitive; Supporting regional and rural economic development strategies; As well as investing in innovation and reducing business regulation.

“My top priority is for Tennessee to be the No. 1 location in the Southeast for high-quality jobs,” said the Governor. “Our Jobs4TN plan is a blueprint for doing just that. By leveraging our existing assets in each region, we will be able to attract new businesses to the State while helping our existing businesses expand and remain competitive. We will also be making significant investments in innovation to position Tennessee as a national leader well into the future.”

The plan was developed over a 45-day period and involved interviews with more than 300 stakeholders, community leaders, and national experts as well as through seven roundtables across Tennessee that were hosted by Legislators.

House Leadership applauded the plan and noted, “Our Majority laid out a clear vision for reducing regulations and passing common sense reforms to encourage job growth throughout Tennessee. This plan is an innovative blueprint that respects the unique aspects each region brings to the table and seeks out companies that will partner with those areas. The Governor and this Majority, once more, prove we are committed to economic development in this State.”

House Judiciary Committee Advances Common Sense Tort Reform Measure

Declaring he wants to “make Tennessee the most business-friendly state," the Republican Member responsible for guiding tort reforms through the House won approval of the critical pro-business measure this week in the Judiciary Committee.

Essentially, the legislation caps "non-economic" damage awards at $750,000 and at $1 million in cases where victims suffer certain catastrophic injuries like the loss of two or more limbs. The bill also caps punitive damages meant to punish accidental negligence by businesses or individuals. Awards for injuries that can be quantified, such as medical care, rehabilitation, or loss of income, are not capped.

House Republicans Pass Workplace Protections for Tennesseans

On Thursday, the House convincingly passed legislation that protects Tennessee workers while at their places of employment. The bill, HB 1586, addresses violence in the workplace by criminalizing extortion, coercion, and violence at work.

Recently, there have been a number of accounts of violent situations at work. In fact, a study by the U.S. Department of Labor found that 50% of firms that employ over 1,000 workers reported instances of workplace violence. Annually, over 1.7 million individuals are victims of violence at the office.

The bill sponsor seeks to put an end to those situations. He remarked, “Instituting these reforms is consistent with our efforts to make Tennessee the best right-to-work State in the nation.” Employers are also protected by the legislation and the exemption for labor unions is removed from the Tennessee Code.

Legislation to Crack Down on Identity Theft Passes House

The House on Thursday approved HB 151 in a huge bipartisan fashion 98-0. The measure ensures Tennesseans who are victims of identity theft are able to file charges in Tennessee against the individual who steals their information.

Currently in Tennessee, every person is liable to punishment by the laws of this state for an offense committed here. But for purposes of identity theft, there are some legal questions for the purposes of prosecution of a case.

This bill clarifies that if a victim of identity theft resides or is found in Tennessee, an essential element of the offense is therefore committed in this state and a defendant is subject to prosecution in this state, regardless of whether that individual was ever actually in Tennessee. Venue for the offense of identity theft would be in any county where an essential element of the offense was committed.

Following passage of his legislation, the Republican bill sponsor stated, “With our world becoming more and more connected by technology, identity theft is on the rise at an alarming rate. Unfortunately, our laws are not always as up-to-date as they should be for these types of crimes. This bill is a much-needed clarification of the law that will ensure Tennesseans have a proper recourse should someone steal their personal information.” He concluded, “This bill makes sure our citizens are protected by Tennessee law, no matter who steals their identity."

The House Speaker remarked, “This is a constant battle—trying to keep the law one step ahead of identity theft tactics. Identity theft can destroy lives and devastate families, and I applaud the General Assembly for protecting Tennesseans."

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Weekly Wrap, 4/11/2011

Mon, 11 Apr 2011 05:00:00 GMT

Voter Photo ID Passes House

Late in the week, the House passed a major reform to our electoral system that calls for Tennesseans to present a valid photo ID in order to vote. Various public opinion polls from Tennessee show citizens overwhelmingly support the common sense measure.

The bill, HB 7, passed the House by a wide 57-35 margin. Numerous comments were made in support of the legislation. One of the bill’s Republican backers stated, “For years, our system has operated under the premise of ‘one person, one vote.’ This bill respects that premise and removes any doubt that is the principle guiding our electoral system.”

By requiring a simple photo ID, the legislation institutes a common sense reform that ensures every legitimate vote in Tennessee counts. “With the technology we have in today’s world,” noted another conservative legislator, “there is no excuse to allow someone’s legitimate vote to be cancelled out by a person who shouldn’t be voting in the first place.” The bill now moves to the Tennessee Senate for consideration.

Tenure Reform Becomes Law in Tennessee

During the mid-week, the Governor officially made the education tenure reform bill law by signing HB 2012. The legislation moves tenure for educators from three to five years and links the tenure privilege to revised performance evaluations. The law is part of an ambitious education agenda advanced by the Republican-controlled General Assembly to remake the face of education in Tennessee.

The core principles of these reform initiatives are promoting student achievement and encouraging teacher excellence throughout Tennessee. In the long-term, Republican leaders of the House believe these initiatives will lead to a better trained workforce for the State. “If Tennessee is going to become the No. 1 location in the Southeast for high quality jobs, then it is critical that we improve education because businesses are looking to compete with employees educated for the 21st century workplace,” said the Governor. The House Speaker added, “Our goal is to make sure our teachers are equipped with the best tools possible to educate Tennessee students. We want an effective teacher in front of every classroom, and we want those who are excelling to be rewarded. This proposal is absolutely key to education reform.”

"Study after study shows when our students have the highest quality teachers leading them they will reach their full potential,” said the House Majority Leader. “I'm proud to support the Governor's efforts to identify and protect the best educators in our schools. Ultimately, this law ensures our next generation will be better equipped to enter the workforce and make Tennessee a better place to live and raise a family.”

Economic Giant Officially Breaks Ground in Tennessee

Last week, Tennessee received additional good news as it seeks to brand itself as the number one destination for high quality jobs in the South. Wacker Chemical, a worldwide manufacturer of numerous products, hosted a groundbreaking at the location of its soon-to-open operations facility in Bradley County. The company announced it would invest $1.45 billion into the plant—the largest single private investment in the Chattanooga-area.

The company joins other corporate giants who have recently joined the growing number of top-tier companies to call the Volunteer State home like Volkswagen, Hemlock Semiconductor, Amazon, and others.

One GOP Representative from the area stated, “Bradley County and East Tennessee are leading the way back in our state from the depths of the Great Recession because of great projects like this new Wacker Chemie facility.” The Governor also stated his hope that bringing in a company like Wacker would promote further growth. Another conservative Representative for the area noted, “Wacker increased its investment in Bradley County, adding nearly a half-billion additional dollars and 150 more jobs to the originally planned 500 positions."

Charter Schools Cap Lifted by House Committee

Legislation at the center of the General Assembly’s education reform package to remove the cap on charter schools passed the House Education Committee on Tuesday. The bill moved by a wide 12-5 margin and now heads to the House Finance Committee for consideration. Under current law, the number of charter schools is capped at 90 statewide. This bill would do away with the cap, while also allowing any student in a charter school's area to attend the school.
Proponents note that increasing the number of charter schools increases the access of Tennessee students to a high quality education. These education reforms moving through the Legislature prioritize student achievement – the standard by which all reforms should be judged. Conservative leaders say that, ultimately, this reform and others are really about job growth in Tennessee.

The Majority Caucus Chair stated, “A wider array of educational opportunities only strengthen our State’s ability to attract a more diverse collection of high-paying jobs for our citizens. We campaigned on high quality jobs last fall—higher standards in education will lead to just that. Check this off as yet another promise kept by our Republican Majority.”

Bills to Combat Illegal Immigration Moving Through House

After several hours of discussion in both subcommittee and full committee, Republicans moved three immigration bills out of State and Local Government Committee this week. The bills enact simple reforms that will address concerns over illegal immigration. The first bill will require all employers—both public and private—to submit the names and Social Security numbers of employees hired. The second piece of legislation asks for a verification to be made of a person’s lawful status and any person found to be an unlawful alien is prohibited from receiving taxpayer benefits, potentially saving the State millions of dollars. The final bill says in the course of a lawful stop, State and local law enforcement must determine the legal status of the individual in question.

Republicans contend that the inaction of the federal government has forced states to implement stringent illegal immigration measures. The bill’s sponsor said, “By taking a comprehensive approach that targets three distinct areas of the law, we can bring the reform demanded by so many of our citizens. I believe this plan will place Tennessee at the forefront of State efforts to combat illegal immigration and provide a blueprint for other States to follow.”

Having passed State and Local Government Committee, the bills now advance to several committees for further consideration.

New Requirements to Fight Meth Advancing

Strong legislation to stop the scourge of meth in Tennessee advanced in the House Health & Human Resources Committee this week. The bill, HB 1051, requires all pharmacies to log the sale of products made from pseudoephedrine into an electronic tracking system. Pseudoephedrine is the main component used by drug users to produce meth, a highly-addictive and destructive drug.

The electronic database is known as the National Precursor Log Exchange. Additionally, the legislation strengthens penalties for drug charges. An individual arrested for meth production in the presence of a child under 8 years old will be classified as a Class A felony while “smurfing” will now be classified a Class A misdemeanor should the bill pass. Smurfing is when several buyers are sent to multiple locations to by pseudoephedrine products.

The electronic database will not be funded by taxpayer dollars and, instead, will be paid for by the cold medicine manufacturers—an example of a strong relationship that can be forged when government works with the private sector.

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Weekly Wrap, 4/4/2011

Mon, 04 Apr 2011 05:00:00 GMT

Tort Reforms Move Along in Judiciary Committee

After much discussion, the House Judiciary Subcommittee moved forward with legislation to cap damages stemming from lawsuits in Tennessee. The tort reforms will provide stability in the legal system and ensure lawsuit abuse does not become a reality in Tennessee.

The bill has been a major cornerstone of the Republican Majority’s jobs package, with the Administration stressing the need for the proposal in order to create a jobs-friendly environment in Tennessee. The reforms set in stone much-needed stability so businesses in Tennessee will be able to adequately budget. Republicans have fought for several years to pass various tort reform measures, and are extremely pleased to see the bill moving forward. The bill will now be heard in the full Judiciary Committee.

Governor, Lt. Gov., and Speaker Unveil Career Coach Vehicles for Tennessee

The Governor, Lieutenant Governor, and Speaker today unveiled three vehicles designed to improve outcomes for those looking for work. Three “Career Coaches” were customized with 10 computer workstations with Internet access, printers, fax machines, and flat screen TV’s with SMART Board overlays to facilitate classroom instruction. The intent of these roving offices is to bring job matching and training to rural communities that have limited access to a Tennessee Career Center.

The vehicles will be based in Huntingdon, Nashville and Knoxville in order to cover all areas of the state. Each mobile unit will be staffed with three Tennessee Department of Labor and Workforce Development employees who are trained in career counseling and unemployment benefits.

"These mobile career centers will provide Tennesseans across this state with the information, assistance, and equipment they need to find jobs and career opportunities,” the Speaker said. “Tennessee Department of Labor and Workforce Development employees will provide them with the tools they need to succeed in today's economy, and I applaud Governor Haslam and Commissioner Davis for making this a priority."

Republicans Enact Major Initiatives for Election Reform

On Thursday, the General Assembly passed major legislative initiatives meant to reform how elections are conducted and administered in the Volunteer State.

Taken together, the bills clarify the Tennessee Code to make it consistent with legal precedence that has governed election commissions. The bills also define the responsibilities of administrators of elections and provide greater local oversight over how elections are conducted. These bills ensure there is a concrete route for dealing with concerns raised by election observers.

A central tenet of the Republican platform is local control. These bills are all representative of that philosophy as they ensure greater access by county officials who can best ensure a free and fair election for the citizens of Tennessee.

Republican Leaders Welcome New Tennessee Commissioner of Education

On Tuesday, the Governor swore in his pick to guide Tennessee’s Department of Education. The new Commissioner of Education is tasked with guiding and implementing the much-needed reforms that are at the heart of the education initiatives moving through the General Assembly. Following the swearing in ceremony, key leaders of the House of Representatives released statements applauding the Commissioner’s appointment.

The Speaker stated, "I am looking forward to working with Commissioner Huffman to ensure Tennessee students have every opportunity at their fingertips and every classroom has a great teacher at the helm. His background of strong reform will build on the momentum we currently have here to make our schools even better. Strong schools lead to job growth and prepare the next generation for our global economy. The Republican Education Committee Chairman said, “I look forward to working with Commissioner Huffman over the coming years to enact an agenda that is both visionary and attainable. Raising the standards for student achievement and teacher excellence is a laudable goal and I am confident we will reach it.”

Commissioner Huffman is the former executive vice president of Teach for America, a nationwide organization that recruits educators. Mr. Huffman is an attorney who taught in the classroom and has a decade of experience as an administrator under his belt.

Republicans Pass Tough Sex Offender Registry Legislation

Early in the week, House Republicans overwhelmingly passed a reform to the criminal code that closes a loophole that allows sexual offenders to find refuge. The bill requires all sexual offenders who are incarcerated, but who have not yet registered as a sexual offender or violent sexual offender, to be registered in the institution in which they are incarcerated by no later than August 1, 2011.

Effectively, the bill increases public safety as it will catalogue and publicize the sexual offenders around the State. It ensures those who have been convicted of a sexual offense have to sign a TBI registration form. The TBI then takes the person's information and places it into the sexual offender database.

The Republican sponsor of the legislation stated, “This is an important move for our General Assembly. It reinforces our commitment to increase safety for Tennessee families. I have seen the destruction and detrimental effects sexual abuse can have on victims. The fact our law currently allows some criminals to legally continue harassing their victims is unacceptable. Our Majority is committed to preventing further victimization of Tennesseans by the worst kind of criminals.”

Tennessee Says Goodbye to a Tennessee Original, Former Governor Ned McWherter

Members of the General Assembly were saddened to hear the news of the passing of former Governor of Tennessee, Ned McWherter. Many veteran Members of the Chamber served with McWherter, including many Republicans.

Gov. McWherter was first elected to the House of Representatives in 1968. After a few terms, he was elected to be Speaker of the House. He would go on to serve Tennessee as Governor for two terms in 1986.

After learning of his passing, Speaker Harwell stated, “Tennessee lost a true statesman with the passing of Governor McWherter. He understood the role of the legislative body, and he carried it out to the fullest. He will be missed, and my heart goes out to his family during this difficult time.”

Two memorial services will be held for Governor McWherter, one on Saturday at 2 p.m. in Nashville at the War Memorial Auditorium. The other service will be held at 1:30 p.m. on the front lawn of McWherter’s home in Dresden. Both memorials are open to the public.

GOP Representatives Announce Unclaimed Property Website for Tennesseans

On Tuesday, Republican Representatives urged citizens throughout Tennessee to visit an updated State website that features hundreds of listings for unclaimed property.

In terms of property, Tennessee does not hold to a law of escheat, meaning that unclaimed property after a certain time period “returns to the crown”. The State—through the Treasury Department—holds unclaimed property until it is reclaimed by the rightful owner, or by the owner’s heirs (if the owner is deceased). Anyone can search for unclaimed properties by name at this website: http://treasury.tn.gov/unclaim/FindUnclaimed.html.

One Republican Member stated, “I would hope every Tennessean visits this site to check for any property that may rightfully be theirs. Far too many citizens are unaware of this fact and I hope this site helps correct that.” He continued, “Typically the property that is held by the Treasurer’s office is intangible property. A few common examples might be uncashed payroll checks, utility deposits, customer refunds, dormant checking and savings accounts, mutual funds, and stock. This is a prime example of how our government can help our residents and I encourage everyone to spread the word about this resource."

Tennessee's State Treasurer remarked, "The Unclaimed Property Division within the Treasury Department returned over $23.6 million and 250,000 shares of securities to approximately 20,000 claimants last fiscal year. This is an outstanding program that benefits citizens of this State."

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Weekly Wrap, 3/21/2011

Mon, 21 Mar 2011 05:00:00 GMT

Common Sense, Conservative Education Reforms Moving Through General Assembly

Since taking office in January, the Governor has made clear his vision for wholesale reform of Tennessee’s education system. He has said student achievement should be the cornerstone of any educational initiative. Legislators agree and have stated on numerous occasions that promoting teacher excellence is one way to ensure that vision becomes a reality for Tennessee students.

The Speaker and Lieutenant Governor have confirmed their respective Chambers will aide the Governor’s quest to raise standards in our classrooms. This week, major legislation was advanced to that end in the House.

On Thursday, in a landslide vote of 64-32, the teacher tenure reform legislation easily won approval in the House. The bill’s GOP sponsor said, “We said last fall that we would do what it takes to make Tennessee the number one destination for high-quality jobs in the South. That included top-to-bottom reforms in business regulation and education. This is yet another promise kept to Tennesseans that we are committed to bringing accountability to the classroom to ensure every student is led by a great teacher.” The House Republican Majority Leader added, “The Governor laid out a clear vision for raising standards and bringing more accountability to our educational system. We’ve done just that with passage of this legislation. With high-performing teachers, our students will receive the training and skills they need to be successful in the workforce. That means more and better jobs for Tennesseans."

On Wednesday, the charter school initiative started its legislative trek. The House Education Subcommittee held debate on the legislation and is expected to vote on the measure next week. The legislation will do away with the current restriction on the number of charter schools allowed in Tennessee and provide greater access to a quality education to Tennessee students. These measures, along with other initiatives moving through the House, will ultimately lead to a more diverse and skilled workforce in Tennessee, bringing in more businesses and jobs to the Volunteer State.

U.S. Senator Corker Visits the General Assembly, Offers Strong Conservative Message

On Tuesday, U.S. Senator Bob Corker (R-TN) paid a visit to the General Assembly where he spoke with Republican Members and gave an encouraging message about the work being done in Nashville.

The Senator spoke about international affairs and education matters but spent the majority of time talking about the fiscal crisis facing our nation. He remarked, “…I was here to encourage them to help us motivate lawmakers throughout our state at the federal level and to talk with their citizens that they represent, their constituents, about how important it is to take action.” He pointed out he was proud of the efforts to rein in spending at the State level and hopes to lead the federal government to follow suit.

The Senator was welcomed by the Speaker and introduced by the Lieutenant Governor and afterwards took questions from the Members about issues facing Tennessee.

Work of the Governor and General Assembly Lead to Job Growth in West Tennessee

The State received encouraging news during the week as a federal grant had been approved for construction to begin on a new deepwater port in Northwest Tennessee on the Mississippi River. However, the grant would have been removed had it not been for the hard work of the Governor and some Members of the House.

For several weeks now, the Governor and key Republican legislators from West Tennessee have highlighted the fact Tennessee needed to find resources to continue moving forward with construction plans for the forthcoming Port at Cates Landing. When it is finished, the port will lead to approximately 1,700 jobs and bring in a much-needed economic boost of $354 million to the local economy. The facility will be the deepest port on the Mississippi River between Baton Rouge, LA and Saint Louis, MO. The positive commerce and shipping effects of the project will be felt throughout Tennessee.

Empowering Educators with Equal Access Bill Moving Through the House

The House moved conservative legislation touted as a “new way forward” on education reform this week by passing HB 130 out of the House Education Committee. The pro-teacher legislation gives a voice to all teachers who have not had a voice in education negotiations over matters in the classroom. The bill, like many other common sense measures working their way through the Legislature, promotes student achievement and allows teachers to be rewarded for excellence in the classroom through items like merit pay.

The bill calls for a collaborative effort at the education negotiating table between all interested stakeholders and allows for “equal access” to all professional teaching associations. The Governor recently stated his support for the measure because it, “(G)ives superintendents greater flexibility in making personnel decisions and supports my central focus of doing what's best for children in Tennessee classrooms.” The bill now moves on to the Budget Committee for consideration.

General Assembly Begins Work on Health Care Compact

Tennessee is poised to take the lead in reasserting the role of States with recent legislative maneuvers -- a priority for many voters in last fall's elections who believed the federal government has stepped into areas not meant for Washington.

After passing the Health Care Freedom Act two weeks ago and the Governor signing it into law, the Legislature started working on the Health Care Compact. The Compact is a multi-State effort to rein in the federal government and allow States to determine their own individual plans for health care coverage for their citizens. The States utilize federal resources for the programs and get to determine the amount of government interference over health care decisions.

The Act envisions a partnership among the States and Congress to bring more transparency, accountability, and individual responsibility to health care at the local level, instead of allowing the bureaucracies of Washington to run the system. The measure currently is being debated in the House Health Committee.

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Weekly Wrap, 3/14/2011

Mon, 14 Mar 2011 05:00:00 GMT

Governor Gives First State of the State Address, Outlines Ambitious Plans to Reduce, Transform Government

In a 34-minute speech that focused on reducing the size of government, balancing the budget, and reforming education, the Governor laid out a clear vision for remaking Tennessee. The Governor urged Members of the General Assembly to continue working together to find solutions for the problems voters highlighted last year.

The Governor stated, "The people of Tennessee told us to roll up our sleeves, find consensus on a responsible and realistic spending plan, educate our children, encourage great teachers, create more jobs — and do it now." Along with the annual Address, the Governor provided his budget blueprint for scaling back State spending.

The Governor’s budget proposes an average reduction throughout State government of 2.5 percent. Most executive branch agencies funded with general funds will be reduced. These cuts will save Tennessee taxpayers millions of dollars. The plan calls for reductions in the State workforce but not in the quality of services provided to Tennesseans. In fact, the Governor called for all levels of government to become leaner and more efficient to better serve citizens of the Volunteer State.

Immediately following the speech, many GOP Members applauded the Governor for his proposal. The Republican Speaker of the House stated, “This budget illustrates what Tennesseans have said loud and clear. It illustrates fiscal restraint and stays true to our principles. This is an opportunity for us to manage government differently in the years to come." Another conservative Member added, “These are common sense measures that look past partisan lines to get Tennessee back on track. His call to action transcends the political divide and transforms the way our government operates. Tennessee has a strong leader in the Governor and I look forward to working with him to create an environment where job growth is a lasting reality for Tennesseans and government is more accountable to our citizens.”

General Assembly Plans to Exempt Itself from Government Pay Raise

Several Members highlighted the fact the Governor included a small raise for State workers after a four year freeze. The Governor found significant savings in many areas for taxpayers but also discussed the fact the State should be competitive in salary for its workers. While several Members were encouraged by the news, some Republican Members of the General Assembly are proposing an amendment to the budget to exempt legislators from the raise so further savings could be realized for taxpayers.

The conservative sponsor of the Amendment for the exemption remarked, “I am delighted the Governor has produced a budget that has made significant and responsible reductions to the overall amount of spending in our State. This is a principle we campaigned on last fall and I am proud to say Tennessee is leading the way for fiscal restraint. That said, I believe we can already go a step further. While there are many hard workers serving our State who deserve a raise—including educators and service professionals—I believe Members of the General Assembly should forego this raise and lead by example.”

A New Way Forward To Empower Teachers Emerges from Education Subcommittee

On Wednesday, a new plan emerged from the House Education Subcommittee to give a voice to every teacher and reward those educators who embody excellence in the classroom. The amendment to House Bill 130, passed by a vote of 8-5, was a collaborative effort and provides a new path for reform in an area that is key to the long-term success of education in Tennessee.

The plan allows for equal access to all education associations for teachers and calls for restrictions on what can be discussed by unions in education. Overall, the plan removes politics from the classroom and enables teachers to focus on student achievement—the State’s number one priority in education.

One Republican Member remarked of the plan, “Instead of settling for the status quo that benefits the few, this amendment allows for us to reach higher for the benefit of all. It gives us a distinct Tennessee solution to the hurdles we face. This legislation promotes accountability in our education system because it encourages and promotes the highest-performing teachers and rewards them for the amazing work they do with our children.”

The Governor weighed in with his support on the plan by saying, “It gives superintendents greater flexibility in making personnel decisions and supports my central focus of doing what's best for children in Tennessee classrooms.”

First Lady Urges Parents to Get Involved in Education

Tennessee’s First Lady championed parental involvement in education and childhood development this week. The First Lady made her remarks at Children’s Advocacy Days 2011, an event hosted by the Tennessee Commission on Children and Youth. The First lady will creatively seek out ways to increase and inspire parental involvement, both in Tennessee schools and during early childhood development.

“To help convey the message that a parent is a child’s first teacher, I want to encourage parents, engage communities and empower families in Tennessee,” Mrs. Haslam said.

The First Lady said she plans to travel the state and meet with parents in order to listen and challenge communities to set local objectives for parental engagement. Mrs. Haslam plans to work with parents to help meet their goals.

The First Lady also announced as part of her initiative, she will be focusing this first year on early childhood reading and plans to partner with Governor Haslam and the Tennessee Department of Education to raise the literacy rates for children.

SCORE Calls for Governor’s Tenure Reforms to be Passed

The State Collaborative on Reforming Education (SCORE) this week released a video, narrated by Dr. Bill Frist, Chairman of SCORE and former U.S. Senate Majority Leader, on the importance of reforming Tennessee’s tenure system as a way to improve teacher effectiveness.

“Teachers are the most important factor in determining how much a student learns,” said Dr. Frist. “A crucial step in ensuring there is a great teacher at the front of every classroom is reforming the way Tennessee grants tenure. Tenure should be a reward for excellent teachers and an incentive for others to improve. The legislation proposed by Governor Haslam and currently moving through the General Assembly will make tenure for teachers meaningful by clearly tying it to classroom performance.”

The video highlights recent statistics on teacher effectiveness and tenure, and encourages Tennesseans to sign a SCORE-sponsored petition supporting tenure reform at www.tenurereform.com.

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Weekly Wrap, 3/7/2011

Mon, 07 Mar 2011 06:00:00 GMT

Health Care Freedom Act Passes General Assembly, Headed to Governor for Signature

The "Tennessee Health Care Freedom Act" passed the House this week, meaning the legislation is now on its way to the Governor for his signature. This bills passage is part of a larger effort by the Majority to not only encourage job growth, but protect the valuable jobs already in Tennessee.

The legislation was an integral piece for many Republican legislators’ agendas over the last two years. A majority of House Members felt it was necessary for Tennessee to take action and protect the State from job losses that would have inevitably occurred due to the onerous mandates stemming from the federal health care law. More importantly, the legislation protects the integrity of individual rights for Tennesseans.

Essentially, the soon-to-be law ensures every person within Tennessee is free to choose or decline any mode of health care services without penalty or punishment from the government. Additionally, it prohibits Tennessee officials from interfering with the health care insurance decisions of every Tennessean.

On Monday, the bill passed in an overwhelming, bipartisan fashion with a 70-27 vote. The Republican bill sponsor said, “I believe this bill sets a precedent for States to begin protecting their citizens from a federal government that taxes too much, spends too much, and regulates too much. Tonight, with one voice that has been a long time coming, Tennessee tells Washington, ‘no’.”

Jobs Agenda Keeps Rolling Along in Tennessee

While the country is still grappling with the effects of a harsh recession, Tennessee’s economy continues to prove many experts wrong. In a mid-week announcement, the Governor and Commissioner of Economic and Community Development announced another company was expanding their facility in the Volunteer State. The State has seen a surge of relocations and growth from many companies over the last few years that see our right-to-work State as a low-tax haven with a strong and qualified worker base.

The Japanese company is expanding its Coffee County manufacturing facility with a $32 million investment that will provide 70 news jobs to the area.

The ECD Commissioner stated this is another win for Tennessee's push to improve unemployment, especially in rural counties. The Governor added, “Japan has long been Tennessee’s largest foreign investor nation, and we are particularly grateful for the growing presence of Japanese companies in the Volunteer State and the investment and jobs they bring.”

Governor’s Education Reform Agenda Begins Moving in House

On Wednesday, the initial plank of the Governor’s education reform platform began moving in the House with passage of the teacher tenure reform in the House Education Subcommittee.

The legislation passed the House Education Subcommittee with a strong 9-4 vote. As written, the reforms will require an educator to be on the job five years instead of the current three before being granted tenure. Additionally, in a common sense move, the legislation makes poor performance a reason for tenure to be revoked. These reforms will ensure Tennessee’s next generation is being taught by the best and brightest teachers. The bill places student achievement and excellent teacher performance as the main priorities for Tennessee’s educational system. The bill now goes before the full Education Committee for approval.
In related news, the Education Subcommittee passed an equal access bill that allows for other professional organizations to represent our State’s teachers. Currently, only one union is allowed to represent educators, essentially silencing thousands of teachers across the State. Next week, the Education Subcommittee will deal with legislation that reforms charter school requirements, including lifting the cap on the number of those schools. After that, the Subcommittee will move on to consider changes to the mandatory negotiating authority of the unions.

Agreement Reached That Allows Tennessee Veterans Day Flag Tradition to Continue

Republican House and Senate Members announced this week they have been informed about an administrative change will take place to allow for the long-standing practice of placing American flags on the graves of veterans in Tennessee's veteran cemeteries on Veteran's Day. The Republican lawmakers have worked with the Governor and the Veterans Affairs Commissioner to make the appropriate administrative changes to permit volunteers, like the boy scouts, to place the flags on the graves.

The cemeteries fall under the federal Floral Regulations for the gravesites of military veterans which prohibits the practice except on Memorial Day. Adherence to those regulations raised many concerns and questions by community organizations and others who sought to decorate the graves with flags last year on Veteran's Day. The administrative change anticipates a change in the federal regulations.

The VA Commissioner Grinder remarked, “Placement of flags on the graves of our heroes reflects honor and respect. It makes a public statement that the State of Tennessee shall never forget the many sacrifices of a few so that all can enjoy our freedom. Changing this policy is the right thing to do.”

Governor to Deliver His First State of the State Address Next Week

In what is often a highly-anticipated speech to highlight the priorities of Tennessee’s government, the Governor will deliver his first State of the State Address on Monday, March 14th. The House and Senate will enter into a Joint Convention in the House Chambers at 5:45p.m., with the Governor delivering the address at 6:00p.m.

The address offers all Members of the General Assembly and the citizens of Tennessee a unique chance to hear directly from the Governor about his Administration’s top initiatives. Tennesseans can expect to hear about economic growth, limiting government, education reform, and budget proposals, among many other important topics.

ICYMI – In Case You Missed It

- One Republican lawmaker found a unique way to encourage safety for Tennesseans and economic growth in a conservative way: targeted common sense tax breaks. Under the filed bill, a tax exemption is granted for expenses resulting from the construction of a tornado or storm shelter, as well as improvements to existing shelters. In order for an individual to qualify, the sales price per item must be $3,200 or less. The conservative Member said, "All parts of Tennessee have felt the destructive effects of tornado damage and severe weather over the years. Hopefully, Tennesseans will take advantage of this incentive to protect their families from these deadly storms."

- Another Republican lawmaker took to television in a national interview to tout the fact her home county—and all of Tennessee—is open for business. In a FOX Business interview, the Representative told viewers, “I am doing all I can to make sure our Republican Majority works with the Governor to pass an agenda that encourages job growth in the private sector, cuts burdensome regulations, and provides more opportunities for Tennesseans to take advantage of.”

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Weekly Wrap, 2/28/2011

Mon, 28 Feb 2011 06:00:00 GMT

Health Freedom Act Headed to House Floor

The “Health Freedom Act” moved this week, clearing all necessary House committees, and is now scheduled for a vote on the House Floor. Republicans have championed the proposal for two years now to counter the federal health care takeover passed by Congress. House Bill 0115 provides that every person within Tennessee is free to choose or decline any mode of health care services without penalty or punishment from the government. Additionally, it ensures that Tennessee officials will be prohibited from interfering with the health care insurance decisions of every Tennessean.

Believing that expanding government programs is rarely an effective solution to complex issues, Republicans have argued the federal government’s takeover of healthcare will only prove to balloon the cost of healthcare services to the states.

Last year, the legislation hit a snag in a House committee after thorough debate over several weeks. Other states have passed similar legislation, and many are already in the process of filing a lawsuit against the federal government regarding the healthcare overhaul. Republicans hope to see passage of the bill on the House Floor soon.

Republicans Pass Legislation Honoring Fallen Service Members

By a unanimous vote Republican Members of the House passed legislation Monday evening that properly honors Tennessee’s fallen service members.

House Bill 47 requires State flags to be flown at half-staff by State political subdivisions during a day of mourning as declared by the Governor. The bill covers all members of the armed services who courageously give their lives in the line of duty.

The bill sponsor stressed that the nation has been built on the sacrifice of brave service members, many of whom hail from Tennessee. The measure rightfully honors these special sailors, soldiers, and airmen who gave everything for freedom as Americans and Tennesseans.

Governor Visits Storm Damaged Areas

Heavy storms and a few tornadoes passed through Tennessee this week causing extensive damage around the State. On Wednesday, the Governor toured a storm-damaged neighborhood in Franklin County where one man was killed earlier this week.

"We let them know our thoughts and prayers are with them," Governor Haslam told reporters near the remnants of the home where 79-year-old Melvin Hambrick was killed on Monday. "You never quite get used to the fact that there was somebody's home sitting there one minute, and the next minute it's totally blown away," Haslam said. "There was one life lost here, which is hard to ever accept, and several other families whose lives have been fairly drastically changed as well."

Neighbor Connie Nicholson told the governor that she was "just thankful to be alive" after the storm that blew down her garage and flung her dog down the street.

Speaker Makes Key Appointments

This week, the Speaker announced two key appointments to prestigious commissions that serve Tennesseans. The Peace Officers Standards and Training Commission (POST) and the Tennessee Advisory Commission on Intergovernmental Relations (TACIR) will receive new members who will serve roles representing the House of Representatives on the commissions.

Rep. Rich was appointed to serve on POST due to his extensive law enforcement background and the unique perspective he has on those issues, while Rep. Halford was named to TACIR because of his commitment to bringing accountability and transparency in government.

The Speaker remarked about the TACIR appointment, “It is the responsibility of our government to create an environment for job growth and economic development. We can best do that by ensuring government at all levels is responsive and accountable to Tennesseans.”

Governor Releases Newest Video Discussing ECD Development

Governor Haslam released his newest “Governor’s Update” this week. In the interview, the Governor discusses his priorities for economic development and highlights the recent announcement about a new company coming to Greene County that will offer job opportunities for a number of Tennesseans. Find out more by going here: http://www.tn.gov/governor/

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Weekly Wrap, 2/14/2011

Mon, 14 Feb 2011 06:00:00 GMT

Republican leaders set legislative agenda

Republican leaders joined the Governor Thursday at a press conference to announce the specific proposals of their legislative package and detailed the priorities of the House, Senate and new Administration.

The package focuses on two core messages of educating a highly trained workforce: one that will attract high quality jobs and identify the best teachers and creating an environment that keeps in the classrooms across the state.

The following are key provisions of the legislative package:

Education

Tenure Reform
One proposal would extend the probationary period for teachers attaining tenure from three years to five years. The proposal also ties teacher evaluation to tenure eligibility.

Charter Schools
The charter school provision builds on what Republicans accomplished in 2009 by expanding charter schools even more. This proposal provides the Achievement School District with the ability to authorize charter schools within the district. The legislation also removes the cap on the number of charter schools and allows for open enrollment for charter schools.

Lottery Scholarship
The higher education portion of the legislative package will allow the use of lottery scholarship dollars for summer courses, and apply a cap on the number of hours eligible for lottery scholarship funding.

Economic Growth

As promised, the Governor proposes to tackle tort reform in his legislative package this year. The legislation limits appeal bond to $25,000,000 and caps non-economic damages at $750,000 as well as punitive damages. Republicans believe this reform will do away with the uncertainty that causes businesses to look at States other than Tennessee which takes away much-needed job opportunities for Tennesseans.

Republican leaders in the House say these initial steps in transforming state government will lead to more efficiency and effectiveness and deliver excellent customer service.

House Leaders Announce Immigration Reforms

On Wednesday House and Senate Republican leaders unveiled a comprehensive plan to combat illegal immigration in Tennessee. The plan calls for three distinct principles to address different areas of the law that need to be strengthened in order for private businesses and State and local law enforcement agencies to have the authority to effectively deal with illegal immigration.

Republicans believe the plan is the best way to bring a Tennessee solution to a Tennessee problem. The leaders stressed that by taking a comprehensive approach targeting three distinct areas of the law, the reforms would place Tennessee at the forefront of state efforts to combat illegal immigration and provide a blueprint for other states to follow.

At a press briefing held in the Capitol, Republicans discussed the details of the respective bills.

Under the “Lawful Immigration Enforcement Act” (House Bill1380) reforms include:

In the course of a lawful stop, State and local law enforcement must determine the legal status of the individual in question.

Upon determination of the status and if the individual is determined to have unlawful status, authorities must detain and turn over the individual to Immigration and Customs Enforcement (ICE).

For the “Eligibility Verification for Entitlements Act” (House Bill1379) the reforms provide that:

State agencies are authorized to verify the lawful status of an alien in Tennessee.
Any person found to be an unlawful alien is prohibited from receiving any benefits.

Finally, under the “Tennessee Lawful Employment Act” (House Bill 1378) the act will:

Require all employers—both public and private—to submit the names and Social Security numbers of employees hired after October 1, 2011 to the federal Department of Homeland Security for verification.
The “E-Verify” system is 97.4 percent accurate.
Currently, there are approximately 4,000 Tennessee businesses participating in the E-Verify system.

Weekly Wrap, 1/11/2011

Tue, 11 Jan 2011 06:00:00 GMT

107th General Assembly convenes; members take Oath of Office and elect leadership

The 107th General Assembly convened this week, even as Nashville was blasted with wintry weather. Since 1979, the General Assembly has convened on the second Tuesday in January for an organizational session. The organizational session always takes place in an odd-numbered year, and cannot last more than fifteen calendar days. Thereafter, the General Assembly sets the date for convening the regular session. The Constitution provides that the legislature can meet ninety legislative days in regular session over the two-year assembly period.

On Tuesday, the 98 members present were sworn in, taking the Oath of Office (below). Twenty-one new members (and one who served a previous term in the 94th and 95th General Assemblies), all Republicans, were sworn in, the largest freshman class since 1975, which had 23 new House members.

I (Name) do solemnly swear (or affirm) that as a member of this General Assmbly, I will, in all appointments, vote without favor, affection, partiality, or prejudice; and that I will not propose or assent to any bill, vote or resolution, which shall appear to me injurious to the people, or consent to any act or thing, whatever, that shall have a tendency to lessen or abridge their rights and privileges, as declared by the Constitution of this State.

Nominating and electing the Speaker of the House was the next order of business, and the historic 64 member majority of the House Republican Caucus nominated Representative Beth Harwell (R-Nashville). Representative Harwell was elected by the House unanimously, as Democrats decided against nominating anyone from their caucus. Madame Speaker Harwell is the 75th person elected to the Office of the Speaker of the House in the State of Tennessee, and the first woman to hold the title.

In her acceptance speech, Speaker Harwell noted that Tennesseans are frustrated with the out-of-control spending in Washington, and do not want to see it in Tennessee. She further pledged to exercise fiscal restraint and make necessary cuts to balance the budget without raising taxes.

For several years, Republicans have campaigned on these very ideals, outlining them in their “Tennessee Trust” initiative in 2006. With a solid and united majority of 64 members, House Republicans are looking forward to advancing the principles of job creation, limited government, a balanced budget with no new taxes, and innovative education reforms in the 2011 session.

Following the election of Harwell, Republicans nominated Representative Judd Matheny (R-Tullahoma) for the position of Speaker Pro-Tempore. Matheny was also elected unanimously by the body.

On Wednesday, the House and Senate went into a Joint Session to elect two of the three constitutional officers who stand for election every two years, the State Treasurer and the Comptroller of the Treasury. The Secretary of State, the third constitutional officer, is elected by the legislature every four years. Republicans nominated and re-elected State Treasurer David H. Lillard, Jr. and Comptroller Justin P. Wilson.

On Thursday, the Speaker announced the committee appointments, also announcing that each full standing committee will now have only one subcommittee. This is a break from prior tradition, in which each committee—with the exception of Finance, Ways and Means—had two, and sometimes three, subcommittees. This was done to ensure the legislature operates more efficiently than ever before, and will allow members to focus on legislative priorities.

On Friday, members will fulfill their bi-annual ethics training, administered by Tennessee Bureau of Ethics and Campaign Finance. The Tennessee Ethics Commission was created in a special session called by the Governor in 2005 in the wake of the Tennessee Waltz scandal. House Republicans supported stringent ethics requirements in an effort to clean up corruption on Capitol Hill. During that session, the Tennessee Ethics Commission was established to sustain the public's confidence in government by increasing the integrity and transparency of state and local government through regulation of lobbying activities, financial disclosure requirements, and ethical conduct. Recently, the Ethics Commission merged with the Registry of Campaign Finance, creating the Tennessee Bureau of Ethics and Campaign Finance.

Friday evening, Inaugural activities for Governor-Elect Bill Haslam will begin. Inauguration is scheduled for noon on Saturday, preceded by an Inaugural parade at 11:00 a.m. CDT. These events are free and open to the public, and will take place on Legislative Plaza between the Capitol and War Memorial Buildings.

The Week Ahead...

The legislature will likely recess for three weeks, until February 7th. At that time, normal business will resume with Monday evening floor session, committee meetings Tuesday and Wednesday, Wednesday afternoon floor session, and Thursday morning floor session.

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Weekly Wrap, 2/11/2010

Thu, 11 Feb 2010 06:00:00 GMT

Republicans present voter protection measure and military voting bill in House subcommittee

A bill that will protect the voting process from fraud and abuse was presented in the House Election Subcommittee this week. House Bill 270 will require that voter registration forms carry a disclaimer that clarifies giving false information to register to vote carries a criminal penalty, and also requires that the applicant affirm that they are lawfully in the United States. An amendment was offered, and the bill was discussed by the committee. It is expected to be up for a vote next week.

Another measure presented in the House Elections Subcommittee would make it easier for troops overseas to vote absentee. House Bill 2799 would allow election commissions to email ballots that troops could then print and return by mail. Currently, election administrators mail the ballots overseas and do not utilize electronic means.

The legislation hit a roadblock in the Elections Subcommittee last year, as the bill failed on a party line vote. Republicans were outraged, arguing that the state should do all it can to ensure the votes of our brave men and women serving overseas count.

The National Conference of State Legislatures (NCSL) and the Pew Research Center for People and Press reports that one-third of states do not allow enough time for overseas voters, listing Tennessee as one of 16 states that sent ballots after the date necessary for voters to meet deadlines. Last year, at least seven states enacted legislation to authorize some form of electronic transmission. The committee will vote on the bill next week.

House votes 65-31 to override veto of menu-labeling measure

A Republican-sponsored bill that will prohibit certain local entities from requiring nutritional labeling on menus will now become law. The law was passed last year by both the House and Senate but was then vetoed by the Governor. The legislation was filed as several states, municipalities and cities began considering laws that mandated chain restaurants put calories and other nutritional information on menus.

Lawmakers arguing in favor of the bill say that mandating chain restaurants to put certain nutritional information on menus places an unnecessary burden on restaurant owners in an already struggling economy and creates an atmosphere that is unfriendly to business owners. They also argue that often, the laws are selective, targeting only large restaurant chains. In addition, if every city enacted something different, large or even medium sized companies would have difficulty in following the laws properly.

The legislation was amended to prohibit non-elected bodies from making the decision to require nutritional information on menus, such as a local Board of Health. It also specifies that if the federal government passes legislation requiring menu labeling and the federal action specifically authorizes state departments to enforce such action, then the Tennessee Department of Health will be the department that is primarily responsible for the implementation and supervision of the new requirements.

The Senate had previously voted on the veto override, with a vote of 24 to 7.

SCORE releases ‘Race to the Top’ application summary

The State Collaborative on Reforming Education (SCORE) released a summary of the state’s ‘Race to the Top’ (RTTT) application this week, taking a straightforward look at the key points in the document. The summary mirrors the application and breaks it down into seven sections: governance and oversight; standards and assessments; data systems; teachers and leaders; low-performing schools; STEM; and budget.

If Tennessee wins the RTTT funds, districts will have 90 days to submit a plan outlining how they will locally implement the program. The Tennessee Consortium on Research, Evaluation, and Development (TN CRED) will be created, and will identify best practices and research the impact of the RTTT grant.

By 2010, the application specifies that Common Core Standards will be adopted and are to be closely related to the Tennessee Diploma Project. The application also explains how the training programs for teachers and administrators are to be set up, and includes other details on professional development.

The state’s current data system, the Tennessee Value-Added Assessment System (TVAAS) was considered by lawmakers to be one of its strongest areas in relation to other states. The application goes one step further, in expanding the ‘data dashboard’ that is used by teachers and principles to see students’ data.

Part of the grant will be used to attract teachers to subjects that are currently experiencing a shortage of quality teachers. In addition, the state will create a 15 member Teacher Evaluation Advisory Committee to develop new ideas in relation to the way teachers are evaluated, based on a number of measures.

Finally, the application addresses low-performing schools, breaking them into three subgroups: focus schools, renewal schools, and the Achievement School District (ASD). Those classified as being ‘focus schools’ will use teacher training, consultants, and System Targeted Teams to improve. Renewal schools will require more intervention and are required to partner with a private provider, higher education organization, or a collaboration of non-profits on a strategy to turn the school around.

The ASD will be run by the Tennessee Department of Education and will be “persistently low-achieving schools” which need the most attention. Currently 13 schools are ASD eligible.

The application was submitted last month after the legislature wrapped a special session on education to compete against other states across the nation.

Issues in Brief…

Republicans introduced House Bill 2789 this week, which would create a violent juvenile sexual offender registry. The bill passed out of the House Criminal Practice and Procedure Subcommittee.
Next week, the House Criminal Practice and Procedure Subcommittee is expected to take up DUI ignition interlock legislation, a measure Republicans have pushed for several years. House Bill 2768 would require a device to be attached to the vehicle of certain DUI offenders and will only operate if the offenders have not
House Bill 746 would urge 911 call centers to accept text messages. The legislation passed unanimously out of the House State Government Subcommittee.

Weekly Wrap, 1/29/2010

Fri, 29 Jan 2010 06:00:00 GMT

Legislature begins regular session, awaits budget proposal

The 106th General Assembly resumed normal business this week, as legislators adjourned the Extraordinary Session on Monday. Committees held organizational meetings, heard testimony from department heads, and completed unfinished business held over from study committees. Next Monday, February 1, lawmakers will hear the Governor’s budget proposal at a joint convention. The Finance, Ways and Means Committee and Budget Subcommittee will hold budget hearings Tuesday and Wednesday to update legislators on the newest numbers.

State budget presents a challenge

The 2009-10 budget, passed in June of 2009, anticipated revenue growth of approximately one percent, but revenues have been falling short of that mark. The most recent revenue numbers show a continual decline, meaning that for a record 19 months, Tennessee has seen negative revenue growth. Economists are saying that general fund tax revenues could be down to about $8.5 billion for this year, compared to $10.3 billion in the 2008-2009 fiscal year.

Departments Facing Reductions

When the Governor presents his budget to the legislature next week, lawmakers expect to hear a call for departments to make 6 to 9 percent more in reductions. Overall, cuts of approximately $500 million to $750 million will need to be made in order to balance the budget.

Education and corrections will probably not be on the chopping block, and Republicans have said that departmental reserve accounts should not be tapped to cover recurring expenses. Most legislators do not want to drain the entire Rainy Day Fund, which currently stands at approximately $525 million.

State Funding Board

The State Funding Board recently adopted preliminary budget estimates in December, and legislators will likely hear them next week during budget hearings giving lawmakers a better snapshot of the budget hole it is facing. The Board will likely revise the estimate in late March or early April, as opposed to its practice of meeting in May, hopefully allowing the General Assembly to finish earlier in the year.

Unemployment Trust Fund

The Unemployment Trust Fund will once again be a significant issue early in the 2010 legislative session. Despite a $140 million infusion of federal stimulus funds into the system in 2009, the fund continues toward insolvency. If the state incurs a deficit, it will likely require a bridge loan from the federal government until the legislature can make other provisions in the Unemployment Trust Fund.

The legislature voted last year to save Tennessee’s Unemployment Trust Fund from federal intervention, saying that the move was necessary to keep the federal government from completely taking over the nearly insolvent fund. The fund was approaching insolvency after the state unemployment rate jumped to 10 percent in 2009, and with the continuously rising percentage of Tennesseans out of work, the fund is being drained of resources. Republicans supported the move, on the condition that a series of triggers allow unemployment taxes to decrease if the fund’s balance reaches a certain threshold.

Transportation Committee imposes restrictions on traffic cameras

This week, the House Transportation Committee passed a bill that places certain contractual restrictions on local governments who utilize traffic cameras. The move comes after months of study committee meetings examining the use of traffic cameras in communities across the state. The committee voted unanimously this week requiring contracts between local governments and companies operating the traffic cameras to contain a provision that requires the contract to be changed when state law is changed. Lawmakers are anticipating legislation this year that will restrict the use of traffic cameras in some way, or at least lessen their impact. Several legislators have already filed bills on the subject, ranging from the elimination of the cameras to reductions in fee payments.

Weekly Wrap, 1/22/2010

Fri, 22 Jan 2010 06:00:00 GMT

General Assembly overwhelmingly passes "Complete College Act of 2010"

The Tennessee General Assembly continued the Extraordinary Session this week, with the House passing the “Complete College Act of 2010” by a vote of 93 - 2. Lawmakers said the plan will increase the number of college graduates, offer easily transferable credits, and make the community colleges, four-year institutions, and technology centers work as a tightly knit network. In addition, the University of Tennessee at Knoxville will partner with Oak Ridge National Laboratory (ORNL); a move that lawmakers believe will make the state’s flagship university a premier research institution.

Tennessee currently ranks 40th in the nation in completion of bachelor’s degrees, and 45th in completion of associate’s degrees. Lawmakers were told that in order to reach the national average, Tennessee would need to graduate another 20,000 graduates annually. Economists predict that Tennesseans could earn $6 billion in additional salaries if the goal is reached, as the pool of workers for “middle management” jobs would be larger—especially for companies that recently relocated here such as Hemlock, Wacker, and Volkswagen.

Transferable Credits

The bill revises the current law by making it easier for transfers of credit among institutions. The law calls for the development of a 60 hour university tract program consisting of 41 hours of general education and 19 hours of pre-major courses or electives that can be applied toward a bachelor’s degree at any of Tennessee’s public universities. In addition, the law provides for further development of a common course numbering system for community colleges that will aide students in transferring the credits, and requires course catalogs at community college to clearly define what classes are not transferable.

One aspect of the bill eliminates remedial classes at the state’s fouryear institutions, but allows students to dual enroll in a four-year university and a community college to complete the classes if needed. A student could declare they were on a path toward a bachelor’s degree, and still be considered a full- time student at the university if they were enrolled in 12 hours between the two institutions.

Cohesive System

In keeping with the legislature’s goal of directing students to the post-secondary institution that best suits them—a four-year institution, community college, or technica school—the legislation creates a more cohesive system to be in place by 2011 to give students an easier, more affordable way to finish the degree of their choice. The Tennessee Higher Education Commission is directed to develop coordinated programs and services, so that students can move freely about the system in order to pursue their degree and fulfill their requirements.

Funding

Under current law, the funding for state institutions is based on student enrollment. The bill directs the Tennessee Higher Education Commission (THEC) to develop a new funding formula based on outcomes instead. While graduation rates are sure to be a large portion, THEC is also directed to take into account student retention, timely progress toward degree completion, and end of term enrollment when determining the new funding plan. THEC will present the new funding plan to the legislature once it is completed.

Research Institutions

Under the bill passed late Thursday, legislators approved $6.2 million to establish the University of Tennessee at Knoxville as a premier research institution by partnering with Oak Ridge National Lab. The partnership is expected to create nearly 200 new faculty positions among the existing researchers at Oak Ridge. Similarly, the University of Memphis will implement the Memphis Research Consortium, with lead partners the University of Tennessee Health Sciences Center and St. Jude’s Research Hospital. In addition, language was placed in the bill to allow any four-year institution to engage in similar collaborations. Lawmakers believe this will create transformative new research opportunities.

Race to the Top application submitted

Tennessee has officially submitted the state’s application to compete for up to $501.8 million in funds under the federal Race to the Top program. The application was submitted on the same day the president called for adding $1.3 billion to the budget for the program. The program currently has $4.3 billion allocated to reward states which are implementing significant reforms in four education areas: enhancing standards and assessments; improving the collection and use of data; increasing teacher effectiveness and achieving equity in teacher distribution; and turning around struggling schools. The grants recipients are expected to be announced in April and will be followed by a second round of competitions later in the year.

General Assembly overwhelmingly passes "First to the Top" legislation late Friday

Fri, 15 Jan 2010 06:00:00 GMT

The General Assembly passed the Governor’s “First to the Top” legislation late Friday night, in time for the state to meet the deadline to apply for the federal grant funding. Passing 84-9, the legislation was only slightly amended from what the Governor originally proposed. The main components of the bill include utilizing Tennessee Value-Added Assessment System (TVAAS) data in teacher evaluations, creating a committee to oversee implementation of reforms and develop certain standards, and implementing an Alternative School District in which failing schools will be placed.

Governor addresses legislature

Governor Bredesen opened the Extraordinary Session on education with an address to the General Assembly on Tuesday evening, urging swift passage of the K-12 and higher education proposals presented to the legislature. He stressed the need for a bold plan so that Tennessee could fairly compete for the federal government’s Race to the Top program.

Race to the Top, a portion of the American Recovery and Reinvestment Act, provides $4.35 billion in competitive grants designed to encourage and reward states that are moving forward with bold initiatives in four education reform areas:

   1. Adopting standards and assessments that prepare students to succeed in college and the workplace and to compete in the global economy.
   2. Building data systems that measure student growth and success, and inform teachers and principals about how they can improve instruction.
   3. Recruiting, developing, rewarding, and retaining effective teachers and principals, especially where they are needed most.
   4. Turning around the lowest-achieving schools.

Tennessee already has one of the most comprehensive data compiling systems in the country, but does not use the data to determine teachers’ success. The key component of the Governor’s plan is to use the information to improve the quality of education and to ensure that student performance is improving.

The second part of the plan to overhaul education would improve higher education institutions. The Governor emphasized the need for increasing the college completion rates, retooling the higher education funding process, and encouraging more students to enroll in community colleges and technology centers.

The Governor proposed making higher education institutions operate as “a much more tightly organized system,” that made it easier for students to apply, dual enroll, and transfer credit.

He concluded by calling on the legislature to make Tennessee “First to the Top” in education reform by putting in place common sense strategies and taking bold steps in reforming education laws.

Teacher Evaluations

Originally the most controversial part of the bill, proponents hope the utilization of TVAAS data will improve student performance year over year as principals, directors of schools, and boards of education across the state will have a better snapshot of student performance and teacher effectiveness. TVAAS data can now be used for up to 35 percent of a teacher’s evaluation, with another 15 percent of the criteria to be determined in part by an independent committee. This part of the bill also requires that the teacher and principal mutually agree with the person(s) performing the evaluation and on the evaluation measures being used. The bill also calls for teacher evaluations to be done once a year, and gives teacher training programs access to TVAAS data on their graduates to help identify strengths and weaknesses of training programs.

Teacher Evaluation Advisory Committee (TEAC)

The legislation also creates the Teacher Evaluation Advisory Committee, which will be comprised of 15 members. The Commissioner of Education will sit on the committee and serve as its chair, and the Executive Director of the State Board of Education shall also serve on the committee.

Other members are as follows:

    * One member of the House Education Committee, appointed by the Speaker of the House;
    * One member of the Senate Education Committee, appointed by the Speaker of the Senate;
    * Two members shall be K-12 public school teachers, appointed by the House and Senate Speakers;
    * Three public school teachers, two public school principals, one director of a school district, and three members representing other stake-holder interests, all appointed by the Governor.

TEAC must be a reflection of the racial and geographic diversity of the state, and at least one of the appointees must be a parent of a currently enrolled public school student. Fifteen percent of the teacher evaluation criteria will be determined by the committee, and TEAC is also charged with streamlining the evaluation process, making it easier for schools to submit data.

Many believe that unlocking the TVAAS data will allow principals and school districts to have a true understanding of student performance, and assist teachers in improving their skills.

Achievement School District

The bill creates an Achievement School District (ASD) that will be managed by the state. Schools who are deemed “failing” will be moved into the Achievement School District, in an effort to help under-performing schools get back on track. The Commissioner of Education has the authority to move any public school into the newly created Achievement School District if the school is in the fifth year of improvement status, or at any time if a Title I school meets the federal definition of “persistently lowest achieving schools.” The school would remain in the special district until it begins to achieve adequate yearly progress for three consecutive years. At that time, the Commissioner of Education would be required to create and implement a transition plan to return the school to its local school district.

Lawmakers believe the Achievement School District will aide those students who are forced to attend consistently failing schools. The commissioner can contract with outside entities to manage day-to-day operations of any or all schools within the district. The ASD will focus on student performance, and increase accountability of teachers and students.

Republicans have, for many years, advocated these types of education reforms on the state level, and were glad to see a step forward being made for our children and our schools.

STEM

In addition to the K-12 reform legislation, the state plans to enhance its Science, Technology, Engineering, and Math (STEM) program, which will be included in the Race to the Top application. The state is partnering with Battelle, which manages the Oak Ridge National Laboratory, to provide an extensive network of STEM programs across the state. This includes building new science labs, adding new technology, and creating new curricula to inspire and create new interest in science and math. Tennessee students must be proficient in these subject areas to compete in a changing global economy, and having graduates trained science and math is an important factor in helping recruit more business to locate in Tennessee.

Tennessee has compelling criteria to place it at the top of the list for Race to the Top funds. Finalists in the competition will be invited to Washington to present their plans to the U.S. Department of Education in March. The winners will be announced in April. If successful, Tennessee can expect to begin receiving funds in September 2010 which will continue in equal increments over four years.

Lawmakers discuss worker’s compensation law delay

The General Assembly approved legislation calling for the immediate suspension of a new law to require sole proprietors and partners engaged in the construction industry to carry workers’ compensation coverage on themselves due to unintended effects of the act. The law will be suspended until March 28, 2011. In the meantime, the legislature will discuss alternative ways to address gaps in coverage for workers in construction companies of all without harming small business owners.

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Editorial Special To The Tennessean

Thu, 07 Jan 2010 18:25:00 GMT

Originally appeared in The Tennessean on December 27, 2009

      During this time of year legislators usually pen op-ed columns discussing the upcoming session and their vision for a slew of new legislation regarding everything from agriculture and banking laws to water or zoo regulations. This year, things are slightly different, for when the Tennessee General Assembly heads back into session on January 12, 2010, we will have a laser-like focus immediately on the state of education in Tennessee due to the Governor’s call for a special session on the matter.
      The driving force behind calling this special session is Race to the Top dollars that are in play from the federal government due to the Recovery Act. The federal government has set aside approximately $4 billion for the Race to the Top program, and states have a shot at the money provided they can come up with innovative ways to improve education in their state prior to January 19. The U.S. Department of Education has announced that priority will be given to those states who are already implementing a plan by that date, so Tennessee must move swiftly.
      We do not yet have the nuts and bolts of the Governor’s proposed plan for reform, but we do have broad goals. One goal must be to intervene much sooner in those schools that are failing. If a school is low-performing, the state must be ready to take action so that students continue to have an opportunity to get the best education possible. Certain schools have, for too long, been allowed to fall short of standards, and in order to assure all children are offered a quality education we must affix accountability to those standards.
      We will also examine the concept of rewarding quality teachers by paying financial incentives based upon a spectrum of criteria in order to attract better teachers to the profession and thereby raise the quality of education for the students.
      Finally, we will work on a plan to improve high school graduation rates, and get Tennessee students ready for a post-secondary education. Part of that puzzle is to emphasize the wide range of post-secondary institutions this state has to offer. Our state’s technical and community colleges are an excellent place for students to advance their education, and making it easier for students to transfer credits between Tennessee’s post-secondary schools is just one proposal being considered to make post-secondary education flexible enough to meet the needs of all graduating seniors.
      There are many more proposals being worked on in these remaining weeks before we being in January and a lot of the details must still be fine-tuned and many of them will be hotly debated. I am, however, excited about this opportunity to focus solely on improving education in Tennessee. It is time for our state to be innovative in our K-12 schools in order to better serve our students. The global economy in which we currently live demands excellence from our schools if our students are to succeed. I look forward to delving into this issue with my colleagues, and I am hopeful that we can reach solutions that will give kids in this state more opportunity than ever before.

See appearance in The Tennessean

2010 to begin with Special Education Session

Thu, 07 Jan 2010 16:56:00 GMT

The Tennessee General Assembly

House of Representatives
2010 Session Preview
The legislative news of the 106th General Assembly

2010 to begin with Special Education Session

Budget outlook presents challenge

The state is facing an unprecedented projected revenue deficit of roughly $1 billion. Because the Tennessee General Assembly is constitutionally mandated to pass a balanced budget, lawmakers will face extraordinary challenges. In October, Tennessee fiscal analysts said $1.1 billion in baseline budget reductions will likely need to be made in order to keep the state finances afloat.
The 2009-10 budget, passed in June of 2009, anticipated revenue growth of approximately one percent, but revenues have been falling short of that mark. In October, the last month of available data, revenue declined once again. For a record 17 straight months, Tennessee has seen negative revenue growth.
Budget facts and figures

   •   The current budget, as passed, also requires the Administration to identify additional reductions of over $290 million in next year’s budget in order to balance the budget on a recurring basis by fiscal year 2011-12.

   •   The General Assembly reduced growth by $750 million (12 percent) last year, but approximately $526 million was added back - from federal stimulus funds as one-time funding – minimizing the first year appropriation reduction to only $227 million.

   •   The General Assembly will now have to look at reducing growth without the assistance from the stimulus funds. In other words, the 2009-10 budget anticipated $753 million in planned recurring reductions. The net reductions were $227 million. The budget the General Assembly will receive in the 2010 session will be at least $526 million less.

   •   When disbursements of federal funds are complete, Tennessee will get around $5 billion in stimulus funds from the American Recovery and Reinvestment Act (ARRA). The money is used for programs from highways and bridges to food stamps and home weatherization.

   •   Tennessee is set to receive roughly $5 billion in stimulus funding over several years. This year, the state will have approximately $658 million in ARRA funds, and $252 million is estimated to come from TennCare match funds. Higher education will receive $165 of the $658 million infusion of money.

The Bredesen Administration has reportedly met with the various state departments and is asking for 6 percent to 9 percent more in reductions on top of the $753 million. In addition, the Governor is asking for $120.3 million in over appropriations, estimated at about $70 million.

Some who are concerned about the difficulty that comes from such substantial cuts have said an alternative to raising the sales tax rate or adding an income tax would to study how sales taxes are applied and areas where exemptions might be repealed—from medical services to gasoline.

The State Funding Board is expected to make a preliminary revenue estimate in December, giving lawmakers a better snapshot of the budget hole it is facing. The Board will likely revise the estimate in late March or early April, as opposed to its practice of meeting in May, hopefully allowing the General Assembly to finish earlier in the year.

State faces other financial challenges

The Unemployment Trust Fund will once again be a significant issue early in the 2010 legislative session. Despite a $140 million infusion of federal stimulus funds into the system in 2009, the fund continues toward insolvency. Analysts are predicting the fund could be very close to deficit status by the end of the year. The most concerning time to be in the red will be between mid-January and mid-February. If the state incurs a deficit, it will likely require a bridge loan from the federal government until the legislature can make other provisions in the Unemployment Trust Fund.

The Lottery Scholarship Fund will be another area for the legislature to examine. Nearly $10 million in reserves was needed to close the 2008-2009 fiscal year, and adjustments to the lottery-funded Pre-Kindergarten program brought program expenditures in line with revenue estimates for the 2009-2010 fiscal year. Lawmakers will need to keep a close eye on the fund in order to fulfill its commitment to lottery scholarship recipients.

Legislation to expand TNInvestco
will be considered

The General Assembly passed innovative legislation in 2009 designed to grow jobs through a program which provides capital to small, medium, and start-up businesses here in Tennessee. The bill created the TNInvestco program for businesses that oftentimes do not enjoy the same economic development incentives that have been provided to larger companies that invest capital in the state.

The legislation authorized tax incentives for private investors to create a pool of capital totaling $120 million that was divided among professional investment firms. The six Tennessee-based firms then invest the money in small businesses located and headquartered in Tennessee. The legislation stipulated that the money must remain invested in Tennessee for a minimum of ten years. Capital returned to the state must first go to the General Fund. Once enough money has been repaid, the remaining funds will be deposited in the Rural Opportunity Fund. Throughout the ten years the money is invested and even beyond, the state will reap the benefits of job growth from these small businesses.

Lawmakers are looking to expand the program this year, building on its success. Each of the six TNInvestco funds chosen are receiving an allocation of $20 million in gross premium tax credits. The goals of TNInvestco as outlined by state officials are to develop Tennessee’s entrepreneurial infrastructure, to bring additional jobs to the state, and to diversify the state’s economy. According to the most recent data, the vast majority of jobs in the state are created by small businesses with 500 or less employees.

Focus on education initiatives is key,
lawmakers say

Despite budget challenges, education will still be at the forefront of the debate in the 2010 legislative session. Because Tennessee currently ranks 41st in student achievement, Republicans say it is imperative to move forward with key education initiatives, in addition to funding K-12 education.

Republicans will continue to move forward with their Education First proposal, which would literally make education spending a top priority by requiring the General Assembly to pass an education budget independent and prior to the rest of the state’s expenditures. Sponsors say the bill will prioritize education spending and eliminate any last minute compromises that often accompany the massive appropriations bill, which is generally one of the last acted upon pieces of legislation before adjourning.

Republicans feel that this “first funding” requirement will prevent the education budget from becoming a political football during legislative sessions and prevent its use as a late-session hostage in budget negotiations. Also, by funding education first, the schools will have the budget in time to allow them to hire teachers and prepare their own budgets earlier, a common problem that is cited with passing the state budget at the 11th hour.

Nevada voters overwhelmingly approved a constitutional amendment that enacted an Education First plan in 2006, after the Nevada legislature approved the ballot initiative with little fanfare. The first time the legislature utilized the plan was in 2007, and it was reported the transition went smoothly.

Tennessee currently ranks 41st in student achievement. Only 63 of every 100 Tennessee ninth graders will graduate from high school, and only 17 will complete their college education within six years after graduating. Lawmakers believe that Tennessee can do better, and agree that education initiatives should be a top priority for the Tennessee General Assembly.

SCORE Report offers new ideas

In 2009, former Tennessee United States Senator Bill First started the Tennessee State Collaborative on Reforming Education (SCORE), an initiative aimed at jumpstarting long-term educational change in Tennessee to improve the state’s educational system. In October, the organization released a report entitled “A Roadmap to Success: A Plan to Make Tennessee Schools #1 in the Southeast within Five Years.” The report offers 63 measurable steps to reform education in the state.

The SCORE recommendations do not require increased funds; instead utilizing resources the state already has and by tapping into private funding, like the Gates Foundation, to implement innovative new strategies in the classroom.

The SCORE report recommendations are based on four key strategies:
   1.   Embrace high standards
   2.   Cultivate strong school leaders
   3.   Ensure excellent teachers
   4.   Utilize data to enhance student learning

The report says Tennesseans must embrace the state’s more rigorous assessments and higher academic standards. Teachers must be given the support they need to elevate classroom instruction to meet those expectations, including the creations of professional learning communities where teachers can learn best practices. SCORE also recommends Tennessee rethinks teacher compensation systems with a plan to reward excellence. Several Republican lawmakers intend on filing legislation that is based on the suggestions made by SCORE.

Healthcare Choice Act will offer state-based healthcare reform

The Healthcare Choice Act will be introduced this year in an effort to lower health insurance costs and provide choice to all Tennesseans. The legislation would allow Tennesseans to purchase health insurance plans from companies in other states, a practice that is currently prohibited.

The Republican sponsor has said Americans want and deserve a health care reform alternative to the government-run health care that is being discussed in Washington. Supporters say reform is better handled at the state level than by the federal government, and the legislation will lower heath insurance costs and provide more choices to Tennesseans. The Health Care Choice Act will expand the number of health care plans available for purchase from 127 in Tennessee to potentially more than 5,000 plans nationwide.

At least 5 other states have introduced similar legislation, including New Jersey, Colorado, West Virginia, Pennsylvania, and Washington. A bill introduced on the federal level aims to allow states to enter into an interstate compact to sell health insurance over state lines. The Washington Post recently reported that Tennessee’s own U.S. Senator Bob Corker is pursuing legislation on the federal level to allow a new insurance exchange, allowing companies to compete across state lines nationwide.

Lawmakers to consider traffic camera proposals

Over the summer and fall, lawmakers have held numerous special committee meetings devoted to examining the use of traffic cameras in communities across the state. Cities and counties in Tennessee and across the country have increasingly turned to the automated systems for surveillance of intersections and roadways.

Many lawmakers have questioned the conflicting research that the traffic cameras reduce accidents. The special study committees that met over the summer and fall saw lawmakers bring both supporters and opponents of the cameras in for discussion and testimony.

Various law enforcement officials attended the special study committee meetings to testify in favor of the traffic cameras. Law enforcement officials testified that the cameras provide many benefits to the community, primarily making areas safer for drivers. Officials contend the cameras reduce fatalities, improve traffic flow and intersection blockage, and make driver behavior safer.

In addition, law enforcement officials say that the cameras allow them to respond to community calls for increased enforcement in problem areas. They testified that the cameras free up police officers from traffic duty, and allow them to attend to other crimes taking place within the community.

Despite the testimony from law enforcement officials, lawmakers said they receive regular complaints from constituents regarding the use of traffic cameras. Lawmakers echoed criticisms from constituents that in addition to a violation of rights, the motivation behind the cameras is money, not safety.

Several pieces of legislation have been filed in response to constituent concerns, and will be considered in 2010. In addition to filing legislation to do away with the cameras, lawmakers have been exploring other possibilities to lessen their impact. Most notably, legislators have discussed forcing communities to display clearer signage, re-directing the money raised from citations to road or education funds, and mandating that only companies headquartered in Tennessee be allowed to operate or process cameras or citations.

Issues to be considered in 2010

Juvenile Sex Offender Registry – Lawmakers will push for passage of legislation to place violent juvenile offenders between the ages of 14 and 18 years of age on Tennessee’s Sex Offender Registry as required under the federal Adam Walsh Act. The adoption of this legislation would put Tennessee into compliance with the requirements under the Adam Walsh Act which was supposed to go into effect in 2009. Tennessee was awarded over $50 million in Byrne Grant funding last year, 10 percent of which could be in jeopardy unless the state adheres to these requirements. However, in June U.S. Attorney General Anthony Holder signed a one year agreement to extend the deadline for states to comply with the Sex Offender Registration and Notification Act. Only Ohio has complied with the law thus far.

Mandate Resolution – In the same vein, lawmakers will offer a resolution asking the federal government to refrain from passing down mandates, unfunded or otherwise, to the state. Recent reports that the healthcare reform bill, currently before the U.S. Senate, has fueled concern that the bill could cost Tennessee taxpayers up to $1.4 billion in unfunded mandates.

Secret Ballot Protection Act – An initiative will be offered that seeks to preserve the right of voting by secret ballot when it comes to deciding whether or not to elect an exclusive bargaining representative, or forming a union. The Secret Ballot Protection Act, which was offered last year but did not move forward, is a counter measure to “card check” legislation, which would make employees’ votes on such matters public. Proponents of the Secret Ballot Protection Act say the card check legislation would subject employees to intimidation and other harassment in the workplace.

Proof of Citizenship to Vote – Legislation will be reconsidered this year to require proof of citizenship before registering to vote. The legislation, which Republicans have offered for several years now to protect law-abiding citizens from voter fraud, died last year in the Elections Subcommittee by a 3 to 3 vote.

Photo ID to Vote – Expect legislation to require photo identification at the polls before voting to once again come before the General Assembly. The legislation seeks to make sure that those voting are both legal residents and are indeed the person registered to vote to avoid fraud and abuse. The legislation also died in 2009 in the Elections Subcommittee by a 3 to 3 vote. Republicans will once gain move forward with both pieces of legislation.

Restaurant Menus – The General Assembly in 2009 to prohibit non-elected local government entities or boards from imposing requirements on restaurants to provide nutritional information on menus. After the General Assembly adjourned, however, the Governor quietly vetoed the bill. The bill was filed after constituents voiced concern that some communities could impose different standards and significantly increase costs to small restaurant owners by requiring nutritional information to be placed on every menu. In March, Davidson County’s Metro Board of Health voted to enact the guidelines on providing nutritional information to customers for certain restaurants, even though Congress is considering the federal LEAN Act, which would implement a national standard to print the information on menus. Adopting a county-by-county approach to the disclosure of nutritional information increases costs to restaurants, many of whom are small business owners. The issue may be revisited in 2010.

Closing the gun carry permit database – A bill which aims to protect the confidential information of handgun carry permit holders is also likely to be considered once again the General Assembly. The proposal would protect the confidential information by removing the handgun permit holders’ database from provisions of the state’s open records law. Many citizens were concerned about the information being made public last year after several newspapers published easily searchable databases online with personal information. Permit holders fear criminals will use the information to target their homes to steal weapons, while those who do not own guns are worried about the risk of being identified as a home without a firearm.

Streamlining government processes – Several members will seek passage of proposals to streamline the legislative process. Lawmakers are looking to make the part-time legislation more effective and efficient in order to save even more taxpayer dollars in a year when cuts will need to be made across the board. The proposals range from bill and resolution limits to changing the way committees function.

Worker’s Compensation – The General Assembly may bring up for consideration an implementation delay for worker’s compensation legislation that was passed in 2008. The legislation takes effect in January 2010, and the legislature will immediately begin to consider moving the implementation date for Public Chapter 1041 to 2011. In these difficult economic times, legislators are concerned it could mean increased fees for contractors at a time when the construction industry is already facing hardship, but they wish to examine the issue further.

DUI Interlock – Republicans plan to once again propose legislation aimed at lowering the number of DUIs in the state of Tennessee. Motor vehicle crashes are the leading cause of death among persons between the ages of 3 and 33, with 50 percent of the victims being in alcohol-related crashes. In order to toughen penalties for DUI repeat offenders, DUI Ignition Interlock legislation will be proposed. 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 ignition to start.

Tennessee currently has only five of the eleven elements proposed by the National Transportation Safety Board (NTSB) who have designed model legislation for comprehensive approach to lowering the incidence of DUI in states, meaning that Tennessee misses out on federal funds to improve roadways. The NTSB has 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.

Wine in Grocery Stores – Allowing the sale of wine in grocery stores will likely be presented again, as a joint study committee has been examining the issue over the summer and fall. The complex issue involves not only the state’s ability to regulate liquor stores, but also wholesalers, grocery, and convenience stores. Thirty-three states, and the District of Columbia, allow wine in retail stores.

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2010 Special Education Session Preview

Thu, 07 Jan 2010 16:43:00 GMT

The Tennessee General Assembly

House of Representatives
2010 Special Education Session Preview
The legislative news of the 106th General Assembly

Tennessee General Assembly will start 2010 with
Special Session on education reform

The second session of the 106th General Assembly will start differently than most years, as lawmakers will be heading into a Special Session on January 12th to address education issues. The governor called the Special Session after it was determined Tennessee has a shot at Race to the Top dollars, a federal grant program set up through the Recovery Act. The federal government has set aside approximately $4 billion for the Race to the Top program, and states have a shot at the money provided they can come up with innovative ways to improve education in their state prior to a deadline of January 19.

The U.S. Department of Education has announced that priority will be given to those states who are already implementing a plan by that date, so Tennessee must move swiftly. Legislators have not yet seen the actual proposal, and have only been given a general outline of what the plan will include. The General Assembly is expected to take up a K-12 overhaul first, followed by proposed changes to higher education.

Kindergarten - 12th Grade Plan

Low performing schools

The governor has indicated part of the plan will be to intervene sooner in those schools that are failing. If a school is low-performing, the state would be ready to take action. In 2008, lawmakers changed accountability measures to put Tennessee more in sync with No Child Left Behind. Several schools in the state have been dangerously close to state intervention before. The new proposal will likely include new parameters by which schools will be classified as “failing,” and affix new accountability standards to the plan.

Evaluation system for K-12 schools

Another part of the proposal will aim to change the way Tennessee evaluates teachers. Tennessee already has an extensive evaluation database that measures students’ achievements over time. Lawmakers will discuss tying those evaluations more closely to teacher pay and tenure. Former U.S. Senator Bill Frist’s SCORE initiative includes some of these recommendations, such as “directly linking tenure decisions to the teacher effectiveness measure, allowing student achievement gains to be included as one component of the teacher effectiveness measure before a final tenure decision must be reached.”

Graduation rates

The last prong of the K-12 plan will be to improve high school graduation rates, placing more emphasis on preparing students for post-secondary education. Some of the discussion will center on preparing students for community college and technical schools, in addition to the state’s four-year institutions. Lawmakers are already discussing ways to encourage high school graduates to consider community colleges and technical schools as viable options. In the same vein, the General Assembly will likely consider making it easier to transfer credits between institutions to make post-secondary work flexible enough to meet the needs of more graduating seniors.

Higher Education Plan

With higher education, lawmakers will examine the governor’s proposal to tie some funding to performance, which would be measured by the amount of students who complete their degree. Other considerations to be discussed in the high education overhaul would be changing the credit transferring process, eliminating remedial education in four-year institutions, and allowing students to dual-enroll in two and four-year institutions. The goal would be to direct more students to post-secondary work that fits their needs. The plan would include some streamlining details, such as simplifying the paperwork needed to transfer, enroll, or dual-enroll.

Worker’s Compensation

The Governor may also include worker’s compensation in the order for the Special Session. Lawmakers have been discussing the possibility of delaying the implementation of Public Chapter 1041. If the legislature is directed to take up the issue of worker’s compensation during the Special Session, they will likely consider a delay in the implementation of the law.