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February 2012
Lottery Funds Fat, But Gresham Still Wants to Cut Scholarships
Despite record Tennessee lottery sales and a huge lottery reserve fund, state Sen. Dolores Gresham of Somerville said today she is pushing ahead with a controversial plan to make it more difficult for students to win the popular $4,000 a year Hope Scholarships.
More from Rick Locker:
The Senate Education Committee that Gresham chairs heard an updated financial report today from Tennessee Lottery executives who said lottery proceeds for education are already up $10 million for the first seven months of the fiscal year over the same period a year ago. Lottery President Rebecca Hargrove told the committee she believes the lottery can sustain that increase in the future.
That's more than half the previously projected $17 million to $20 million annual gap between the lottery's educational proceeds and the cost of the scholarship program that the state is trying to close. The scholarship program has reserves of over $300 million built up in the early years of the lottery, so if the annual gap is cut to $10 million, the reserve would cover annual deficits for 30 years.
But Gresham, R-Somerville, told reporters after the committee heard the latest financial report of Lottery Corp. that she will still press ahead with her plans to tighten eligibility for the Hope Scholarship. The plan would require students to obtain a high school grade-point average of at least 3.0 AND score at least 21 on the ACT college entrance test to qualify for the basic $4,000 per year Hope Scholarship at four-year universities.
Since the program began in 2004, students qualified by achieving one of the two standards - either a 3.0 high school GPA or a minimum 21 ACT score.
Asked if she intends to proceed despite the new lottery revenue projections, Gresham said, "Sure. Absolutely. We're spending more than we're taking in. You can't do that. Right now we have sufficient reserves to take care of Tennessee's lottery scholarship students for a few years more, which is why the recommendations of the Lottery Task Force would not take effect until 2015."
Santorum 'Very Confident' of Winning Tennessee
By Erik Schelzig, Associated Press
POWELL, Tenn. -- Presidential candidate Rick Santorum said Wednesday that he is undaunted that Tennessee Republican leaders haven't endorsed him, saying that his conservative credentials will help him carry the state on Super Tuesday.
"I'm a conservative and they know it," the former Pennsylvania senator told reporters after an hour-long speech at the Temple Baptist Church outside Knoxville. "This is a state that we fit into very, very well, and I'm very confident."
Santorum pointed to his record on government spending, national security and health care. "And I've led the charge on moral-cultural issues," he said.
Santorum said he wasn't concerned that the large number of state Republicans endorsing former Massachusetts Gov. Mitt Romney for the GOP presidential nomination includes Tennessee Gov. Bill Haslam, U.S. Sen. Lamar Alexander and state House Speaker Beth Harwell.
"Every endorsement there is it seems like is going for Mitt Romney," Santorum said. "This is the establishment -- that's just what happens.
"You know what, we're the insurgent candidate here," he said. "We're the ones going out scrapping and clawing, and you know what? We're doing all right."
State Rep. Bill Dunn of Knoxville said he's unconcerned that he's among the few prominent Republicans endorsing Santorum.
"There's more common people than there are establishment," Dunn said in a phone interview. "So I think Santorum will win going away in Tennessee."
A recent Vanderbilt University poll showed Santorum with 33 percent support, followed Romney with 17 percent and former U.S. House Speaker Newt Gingrich with 10 percent.
The poll of 767 likely Republican primary voters was conducted Feb. 16-22 and had a margin of error of 3 percentage points.
Haslam in a statement praised Romney's wins in Michigan and Arizona on Tuesday.
"He has the kind of common-sense approach this country needs to turn the economy around and put people back to work," Haslam said. "I encourage Tennesseans to join me in casting their vote for Gov. Mitt Romney in Tuesday's election."
Ed Reese, 83, who teaches at Crown College of the Bible in Powell, said after the speech that he expects Santorum's focus on social issues to be an advantage in the primary and general elections.
"Evangelical protestants and Catholics and many nonreligious people take great issue on abortion and same-sex marriage, so there's a great alignment that goes beyond just one particular group," he said. "And I think it will surface and show in this election."
Santorum was introduced by former U.S. Rep. David Davis, who was defeated by current Rep. Phil Roe in the 2008 Republican primary for the 1st Congressional District seat in the northeastern corner of the state.
"He was part of the belief system of the tea party before there was a tea party," Davis said. "That's what we need -- someone who understands our values, continue stand up for those values (and) not be ashamed of those values."
TSEA Decries Role of 'Partisan Politics' in TEAM Vote
Statement from Tennessee State Employees Association:
Yesterday, the Senate State and Local Government voted 6-3 along party lines to pass an amended version of the TEAM Act on to the Senate Finance committee. The Tennessee State Employees Association is very disappointed that the committee allowed partisan politics to play a role in their votes on this important issue for state employees. The administration, for the first time publically, demonstrated their unwillingness to negotiate on the core issues of hiring and layoffs that are the most damaging to state employees and Tennessee citizens, consistently and methodically opposing every TSEA compromise offered via amendment.
Also unacceptable was the committee's rush to pass a bill that had not been fully discussed. Toward the end of the meeting, immediately before the committee voted to pass the bill, Senator Lowe Finney said, "We have not had a full and fair conversation with regards to other issues not listed in the amendments ...maybe I will be comfortable voting for the bill after we get some other questions answered, but until such time occurs I will not be supporting it."
TSEA does not believe that the system is broken; rather we believe there is a problem with the implementation of specific parts of that system that can be corrected. TSEA Executive Director Robert O'Connell said, "Problems have developed with the administration of the current civil service system, but the solution is not to throw the baby out with the bath water. Note each of these problems and fix them".
All amendments to the bill will be heard on the House side at next week's House State and Local committee.
TSEA is a nonprofit association existing to provide a strong unified voice with which it advocates the work-related interests of members. The attainment of association objectives will ensure a better life for our members and will attract and retain an effective, efficient state workforce to provide services for all Tennesseans. TSEA was established in 1974. For further information, visit the Web site at www.tseaonline.org.
Newt Plans East Tennessee Trip on Monday
Former U.S. House Speaker Newt Gingrich is planning a campaign tour through East Tennessee on Monday, the day before the state's Republicans vote in the Super Tuesday presidential primary, according to his state campaign co-chairman.
State Rep. Tony Shipley, R-Kingsport, said it's still up in the air whether Gingrich will travel by bus or by airplane on the journey through East Tennessee.
But he said it is firm that there will be stops in the Tri-Cities area, in Knoxville and in Chattanooga. Further specifics will be forthcoming later, possibility with more stops added, Shipley said.
State Sen. Stacey Campfield, R-Knoxville, who shares the co-chairman title in Gingrich's Tennessee campaign, said in a blog post that Gingrich would be at Knoxville's Sunsphere Monday afternoon and may possibly visit Oak Ridge as well.
Haslam Still for Romney
News release from Romney campaign:
Boston, MA - Tennessee Governor Bill Haslam made the following statement on Tennessee's upcoming primary:
"With two strong victories in Arizona and Michigan, Mitt Romney continues to prove that he has what it takes to defeat President Obama in November. Gov. Romney has a solid track record of turning around troubled situations like the one we face in Washington. He did it in the private sector, as leader of the Salt Lake City Olympics, and as governor of Massachusetts. He has the kind of common-sense approach this country needs to turn the economy around and put people back to work. I encourage Tennesseans to join me in casting their vote for Gov. Mitt Romney in Tuesday's election."
Irby Simpkins Owes $5 Million in Back Taxes
Former Nashville Banner publisher Irby Simpkins has admitted defeat in his running battle with the IRS and was ordered to pay more than $5 million in back taxes and $1.8 million in penalties by a U.S. Tax Court in November. He declined to say whether he has paid the sum, reports The City Paper.
Simpkins confirmed to The City Paper that he invested in a series of transactions on the advice of his accounting firm Price Waterhouse in the late 1990s. The IRS claimed that there were deficiencies in four different tax years, 1996-1999. In the largest of those years, 1998, Simpkins was found to have underpaid his taxes by nearly $4.7 million.
In February 1998, Simpkins and his partner Brownlee Currey took $65 million from the rival Tennessean and Gannett to make their paper, the Banner, go away. Simpkins' final proceeds from the sale, approximately $20 million, generated a large tax liability.
Beginning in the early 2000s, Congress, the Treasury Department and the IRS began cracking down on foreign investment programs like the ones Simpkins was involved in. Price Waterhouse, now Pricewaterhouse Coopers, KPMG and several other firms would later settle over billions in unpaid taxes sheltered by schemes marketed variously as FLIP, OPIS, BOSS and Son of BOSS.
Simpkins says that after fighting the IRS for 10 years, an "old retired fella" had to move on.
MTSU Poll: Santorum Leads Romney 40% to 19%; Voters OK With Photo ID
News release from Middle Tennessee State University:
MURFREESBORO, Tenn. - Rick Santorum leads Mitt Romney among Tennessee Republicans heading into Super Tuesday's primary, and both men appear to hold an edge over President Barack Obama among Tennesseans at large despite the president's rebounding approval rating, the latest MTSU Poll results show.
Forty percent of Tennessee Republicans in the poll favor Santorum compared to 19 percent who prefer Romney. Another 13 percent support Newt Gingrich, and 11 percent back Ron Paul.
"Tennessee appears to be heading into Santorum's Super Tuesday column," said Dr. Jason Reineke, an assistant professor in the college's School of Journalism and the MTSU Poll's associate director. "Election watchers would be wise to remember, though, just how many factors polling cannot measure or foresee, especially in the context of a primary election."
Additionally, the poll found that support is practically nonexistent for repealing a new state law that requires voters to present a photo ID when voting with 82 percent of state residents considering the new law "a good idea that should be kept in place." Only 11 percent consider the law "a bad idea that should be done away with," and the rest aren't sure.
Continue reading "MTSU Poll: Santorum Leads Romney 40% to 19%; Voters OK With Photo ID"
Hotel Booking Websites Win Legal Fight WithTN Cities, Counties
NASHVILLE, Tenn. (AP) -- Hotel booking websites including Priceline, Travelocity, Expedia and Orbitz have prevailed against more than a hundred Tennessee counties and municipalities in a legal fight over hotel tax collections.
A federal judge granted a summary judgment in favor of the online travel companies last week and said the state's hotel tax should be levied based on what hotels charge, not on the rate consumers pay if they book a room through one of the travel sites.
The Tennessean reports that the 129 cities and counties they were owed millions in unpaid hotel taxes because the travel companies were charging consumers discounted room rates plus a markup for the online travel sites' services (http://tnne.ws/w0c56b).
The online travel companies successfully argued the additional markup should be excluded from the tax calculation
Haslam Civil Service Bill Changed to Give Veterans Hiring Preference
News release from Senate Democratic Caucus:
NASHVILLE - Democratic legislative leaders applauded an amendment to a bill by Governor Bill Haslam to reinstate support of Tennessee veterans under revamped state hiring practices.
"Thanks to the work of legislative Democrats and the Governor's cooperative spirit, our veterans will continue to receive the support that they deserve," said House Democratic Caucus Chairman Mike Turner. "Our veterans put their lives on the line to protect us. The least we can do is support them when they return home."
The amendment passed Tuesday in the Senate State and Local Committee would require that, with all other aspects being equal, a veteran's service be the deciding hiring factor when interviewing for open civil service positions. The amendment also ensures that veterans will continue to receive five years' worth of work experience credit for their military service when layoffs are considered.
Veterans are also to receive written notice should they not be chosen for an open position.
Democrats raised questions after the administration's original proposal removed existing support for veterans in hiring for nearly 35,000 state positions. The amendment passed Tuesday uses language drafted by Turner and other Democrats.
"We are pleased that the Governor has been willing to accept good ideas, regardless of which party brings them," Senate Democratic Caucus Chairman Lowe Finney said. "We are hopeful that this attitude will continue throughout the legislative session, among lawmakers and the Governor alike."
The committee passed the bill, SB2246/HB2384, which will go to the Finance, Ways and Means Committee. The House version of the bill is being discussed Tuesday afternoon.
Early Voting Down 40% From 2008 Levels
NASHVILLE (AP) -- Tennesseans have cast 40 percent fewer ballots going into the last day of early voting Tuesday compared with the last presidential primary in 2008.
Nearly 153,000 people had voted through Monday, with 79 percent of ballots cast in the hotly contested Republican presidential primary. But without a contested Democratic primary, voting totals are far off the state record set in 2008.
Early voting has been heaviest in Knox County, where more than 11,000 people have voted in the Republican primary, compared with only 878 Democrats. The next highest Republican turnout has occurred in Shelby, Rutherford, Hamilton and Williamson counties.
Four counties -- Perry, Clay, Van Buren and Lake -- have registered fewer than 125 in the Republican primary. In Hancock County, only four Democratic ballots have been cast.
Push to Repeal Motorcycle Helmet Law Crashes Again
NASHVILLE, Tenn. (AP) -- Motorcyclists will have to wait another year to renew their efforts to do away with Tennessee's helmet law.
Republican Rep. Judd Matheny of Tullahoma on Tuesday told the House Transportation Subcommittee that he's withdrawing his bill seeking to end helmet requirements for adult riders.
Supporters question the safety benefits of helmets and argued that ending the law would boost motorcycle tourism to Tennessee.
But a legislative analysis of the measure projects that changing the law would lead to an increase in traumatic brain injuries, carrying a $1.1 million price tag for TennCare.
The state's expanded Medicaid system spent $3.1 million to treat motorcycle accidents in the most recent budget year, including $1.8 million on brain injuries.
Santorum Schedules Knoxville Rally Wednesday
From the News Sentinel
Rick Santorum, a hopeful for the Republican presidential nomination, will hold a Knox County, Tenn., rally at Crown College at noon Wednesday.
Santorum is the current favorite in the Tennessee primary by nearly a two-to-one margin, according to a Vanderbilt University poll, and the former U.S. senator from Pennsylvania is one of the latest rising stars in the primary race.
He's one of the top contenders against Mitt Romney in the Michigan and Arizona primaries happening today.
Wednesday's rally is open to the public. Crown College is located at 2307 W. Beaver Creek Drive in Powell.
"They were excited to open the doors to us and enthusiastic," said Jon Parker, Tennessee state field director for the campaign, "and that's the decision I made, nothing very political or strategic about it."
Note: Santorum had previously announced a Nashville fundraiser on Wednesday.
Newt's Chattanooga Fundraiser Draws a Crowd of 20
About 20 people attended this morning's invitation-only fundraiser for presidential candidate Newt Gingrich at the Chattanooga Choo Choo, reports the Chattanooga TFP..
The former House Speaker briefly spoke with reporters before the fundraiser, mainly focusing on his plan to reduce gasoline prices to $2.50 per gallon if elected. The private fundraiser was closed to the media.
Hamilton County Mayor Jim Coppinger and Hamilton County Sheriff Jim Hammond were among the attendees, but both men said they were there in their official capacities.
Others paid the fundraiser's $1,000-per-head admission fee, including Chattanooga businessman Michael Fillauer, who owns a local medical supplies company.
"He's very articulate and extremely intelligent," he said. "I have concerns about the other candidates having those same qualities."
Gingrich and his wife, Callista, toured a Choo Choo train car room afterwards.
The $1,000 bought about an hour with Gingrich, but also bagels, muffins, danish, coffee and hot tea, attendees said.
A couple dozen Occupy Chattanooga protesters stood outside the Choo Choo, hollering slogans as motorists drove by.
Another Delay for 'Don't Say Gay' (but sponsor's 'not backing off')
By Lucas Johnson, Associated Press
NASHVILLE, Tenn. -- The Republican sponsor of a proposal to ban the teaching of gay issues to elementary and middle school students said Tuesday that he's not backing off the legislation despite concerns from GOP leaders.
The proposal was scheduled to be heard in the House Education Committee. But Rep. Joey Hensley of Hohenwald told The Associated Press he plans to delay the measure for up to three weeks to work out its language.
The legislation, known as the "Don't Say Gay" bill, would limit all sexually related instruction to "natural human reproduction science" in kindergarten through eighth grade.
Continue reading "Another Delay for 'Don't Say Gay' (but sponsor's 'not backing off')"
Arbor Day is Proclaimed
Nashville, Tenn. - Gov. Bill Haslam has proclaimed March 2 as Arbor Day in Tennessee to recognize the importance of trees to our state. This year's state celebration will be held in Nashville, which has been designated a Tree City USA community.
"Arbor Day is important for reminding us of the value of trees not only in our rural areas but in our urban areas as well," Agriculture Commissioner Julius Johnson said. "TDA is committed to improving and protecting our forest resources, which contribute a number of environmental and economic benefits."
Campfield Bill on Landlord Law Falls Short in Senate
Sen. Stacey Campfield's bill to revise state law on dealings between landlords and tenants fell two votes short of Senate passage after Senate Minority Leader Jim Kyle characterized the proposal as a "dangerous proposition."
The Knoxville Republican's bill, SB2791, has already passed the House 90-1 under the sponsorship of Rep. Charles Curtiss, D-Sparta. It would make two changes in current law.
First, the bill would allow a landlord to terminate a lease if the tenant has created either a "hazardous or unsanitary" condition on the property. Current law states that a condition, to warrant termination of a lease, must be both hazardous and unsanitary.
Second, the bill eliminates a provision in current law that requires a landlord to give notice to the tenant of where he or she keeps security deposits.
The latter section was the target of criticism from Kyle, D-Memphis.
"If you don't know where (the security deposit account) is, how do you know it's there?" Kyle asked Campfield, who rents properties as a business in Knoxville.
"It's required by law," Campfield said, referring to a provision remaining in the law that requires security deposits to be kept in a separate account. The bill just eliminates the a requirement that the tenant be told where the account is located.
Kyle said there were situations where a landlord, perhaps violating the law, spends the security deposit, but does not pay his own mortgage on the property, leading the tenant to have an apartment "taken right out from under him."
"I think this is a dangerous proposition," said Kyle. "I don't understand what the burden is on a landlord just to tell someone where it is."
When the bill came to a vote, 15 senators voted for the measure. - 14 Republicans and Democratic Sen. Reginald Tate of Memphis. Seven, all Democrats, voted no. Four senators, two Democrats and two Republicans, abstained.
Seventeen affirmative votes are required for a bill to pass the Senate. The measure was sent back to the Calendar Committee, which means Campfield may bring it back to the floor for another vote when he wishes.
Still More GOP Gloating
News release from Tennessee Republican Party:
NASHVILLE, TN- Tennessee Republican Party Chairman Chris Devaney released the following statement on Democrat State Senator Andy Berke's decision not to run for re-election. Berke becomes the seventh Democrat legislator who has announced he will not be seeking re-election this year.
"Tennessee Democrats must be real fans of the rock band Queen, because their new theme song seems to have become 'Another One Bites the Dust,' said Tennessee Republican Party Chairman Chris Devaney.
"Senator Berke must have realized that his liberal ideology will be rejected in his new district, but he will be quick to discover that his ideology will be rejected by Chattanooga voters if he decides to run for Mayor," concluded Devaney.
Recent Democrat retirements include four state senators (Joe Haynes, Roy Herron, Eric Stewart and Andy Berke) and three state representatives (Bill Harmon, Janis Sontany and Harry Tindell).
Early Voting Ends Today; Turnout Down
By Erik Schelzig, Associated Press
NASHVILLE, Tenn. -- Tuesday is the last day for early voting for Tennessee's March 6 presidential primary.
More than 121,500 people had voted through the weekend, with about 80 percent of ballots cast in the hotly contested Republican primary. But without a contested Democratic primary, overall participation has been down 10 percent from the same point in 2008.
Republican voting has been highest in Knox County with more than 6,400 votes cast, followed by Hamilton, Rutherford and Shelby counties. Nashville's 1,684 Republican votes ranked 15th in the state, despite being
located in Tennessee's second-largest county.
Six counties -- Hancock, Moore, Lake, Perry, Van Buren and Clay -- had registered fewer than 100 votes in the GOP primary.
State Intervenes in Operating Six Memphis Schools
The state of Tennessee will run three Memphis City Schools in Frayser next fall, reports the Commercial Appeal. Three more, mostly in North Memphis, will convert to or co-exist with charter schools as part of a strategic effort to concentrate on pockets of town where schools chronically under-perform.
Corning Elementary, Frayser Elementary and Westside Middle will open in the state Achievement School District, according to a late-afternoon announcement Monday at Ed Rice Community Center in the heart of Frayser.
At the same time, the charter KIPP Memphis will open a middle and high school inside Cypress School. Privately run Cornerstone will convert Lester School in Binghamton to a charter school and Gestalt Community Schools will open a middle school inside Gordon Elementary in North Memphis.
"I see what we are doing as community transformation work, making sure that Frayser continues along the lines many of you in this room are working on," Chris Barbic, ASD superintendent told a roomful of parents, school leaders and community activists in the event attended by Shelby County Mayor Mark Luttrell and Memphis Mayor A C Wharton.
"We see this as a collaboration, not a takeover. It's an opportunity to create a brand-new education system focused on the students in the bottom five percent," Barbic said.
Maury County to Vote on Going Metro
Along with next week's Presidential primary, voters in Maury County will be deciding on consolidating into a Metro Government similar to Nashville, reports WPLN.
Under the proposal, the city of Columbia and Maury County would combine into a single government. The towns of Spring Hill and Mount Pleasant would remain separate.
It's a big deal--departments merging, creating a single county commission--but Michael Chester says some residents are unaware of the vote. He's with SOCM-Statewide Organizing for Community Empowerment.
"Just this week I brought up in a conversation with someone and they had no idea. Never heard of it."
SOCM hasn't taken a side on the Metro issue, but it will be hosting a forum Tuesday night, where residents can ask questions of both sides. Supporters say Metro government will save money and make Maury County more attractive for businesses. Opponents say the claims of savings are nebulous and property taxes will go up.
Andy Berke Won't Run for Senate Reelection (but mayor, maybe)
State Sen. Andy Berke, D-Chattanooga, announced Monday he will not seek re-election to his Senate District 10 seat, but Andy Sher reports the lawmaker isn't ready to drop the other political shoe just yet.
"I'm not running for re-election" to the Senate, Berke told the Chattanooga Times Free Press during an interview in his Senate office in Nashville. "I've enjoyed my time in the state Senate. I think there are other challenges that await me, and I look forward to working on jobs and education in other capacities as time goes by."
Asked if he has made any decision about running for mayor, Berke, 43, said, "I'm seriously considering it. Public service is important to me and my family. I care deeply about the issues that affect my neighbors like jobs and crime.
"I certainly don't expect my career is over."
Berke said he has "been thinking about this decision for a long time. I love this job, but it also requires me to be in Nashville as one voice in the Senate. I think that I can continue to work on issues that I care about in other ways."
The Chattanooga attorney is now the fourth Senate Democrat to announce he will not seek re-election this year following passage of a Republican-drawn redistricting plan.
Note: The others are Sens. Joe Haynes of Nashville, Roy Herron of Dresden and Eric Stewart of Winchester (who is running for Congress),
Berke's press release is below.
Continue reading "Andy Berke Won't Run for Senate Reelection (but mayor, maybe)"
Bill to Evict Occupy Nashville Goes to Governor
NASHVILLE, Tenn. (AP) - A proposal designed to evict Occupy Nashville protesters is headed to the governor for his consideration.
The legislation passed the House 68-21 on Monday evening after lawmakers agreed to a change by the Senate, which approved the bill 20-10 last week.
The measure makes it a crime to camp on any state-owned land that is not specifically designated for camping.
Those violating the proposed law could have their belongings seized and be charged with a Class A misdemeanor, punishable by nearly a year in jail or a fine of up to $2,500 or both.
The bill comes at the same time Gov. Bill Haslam's administration is seeking to break up the Occupy Nashville encampment by establishing rules for the use of the War Memorial Plaza.
Haslam on 'Encouraging' Talk with Obama
Gov. Bill Haslam called Monday's meeting between the nation's governors and President Barack Obama "encouraging," reports The Tennessean. He said the president expressed a willingness to give states more flexibility in enacting certain federal programs.
Monday's session at the White House marked the end of the annual winter meeting of the National Governors Association. The Obamas hosted a black-tie dinner for the governors on Sunday night. Topics included education and high gas prices, but the governors' biggest concern is the high cost of Medicaid, Haslam said.
He said governors pushed Obama to give states more control over Medicaid spending. Some governors have sought waivers that would allow their states to enact cuts to Medicaid, the federal-state health insurance program known as TennCare in Tennessee.
"If you ask every governor here what is the pressure point, it's all about Medicaid spending," Haslam said in a brief interview on the north lawn of the White House.
And this quote from WPLN on Haslam urging more flexibility in implementing the federal health care law: "Let's set the criteria. Let's set the performance standards we're going to have. Let's show how we're going to measure improvement, and then let us run it just like you're doing with No Child Left Behind. I think there's a great corollary there."
Pro-Gingrich Super PAC Makes First TN Buy
From a Tennessean story on Gingrich's Nashville visit:
Winning Our Future, a super PAC that supports Gingrich, made its first ad buys in the Nashville market. The political action committee spent more than $30,000 on ads that will air on Nashville's NBC, Fox and MyNetworkTV affiliates. The super PAC also informed local CBS and ABC stations that it is buying ads.
...Romney and his super PAC have focused on Santorum in Tennessee, making scant mention of Gingrich. Gingrich told supporters that could create an opening for him to reinsert himself into the race.
"He's had two weeks of being the alternative," Gingrich said of Santorum. "I think there are profound reasons why Rick lost his Senate race by the largest margin in Pennsylvania history."
Gingrich said it will be crucial for him to take Georgia, his home state, and perform well in Tennessee and other Southern states.
'Tax Porn, Not Corn' Draws Opposition, Suggestions
Statement distributed to media and legislators by Tracy A. O'Neill, lobbyist for adult entertainment establishments, opposing bill known as "tax porn, not corn:"
The Honorable Representative Joe Carr, hopes to save marriages and food taxes in Tennessee with his introduction of HB3081, a 25% tax on adult oriented materials, including cable television programming, pay-per-view adult films in Hotels and Motels, adult retailers, professional entertainers and cabarets.
How does a tax on adult entertainment save marriages? While this is a noble cause, one for which the Representative should be commended, why not introduce legislation that would impose mandatory marriage counseling for troubled or divorcing couples and charge them a fee? Or better yet, offer each troubled couple a few of the 'naughty' items Representative Carr hopes to tax, as an educational and entertaining way to spice up a potentially disintegrating marriage.
One legislature, Texas, enacted adult entertainment tax legislation, which cost over $2 million to the state and is still ongoing. The case was recently remanded back to its starting point to address a myriad of issues the original judge never ruled upon after finding the tax unconstitutional. In the past, most Federal Courts have consistently struck down arbitrary and selective taxes as unconstitutional, especially if, in the Representative's own words, such businesses simply "...can't be shut down." His is a costly proposition for Tennessee taxpayers, who will ultimately bear the debt for both enforcement and a legal challenge.
To unequally apply a tax to an entertainer or venue based strictly on its content or with bias against the nature of the business opens a Pandora's box of rampant taxation. For example, if Representative Carr's tax is an attempt to save marriages, why exclude the millions of dollars in revenues for items such as lingerie, male enhancement pharmaceuticals and supplements (IE: Viagra and Extenze), over the counter sexual aids, Condoms, Lubricants, as well as box office motion pictures and hit television shows that could easily be considered 'Adult Entertainment' due to preamble warnings of high sexual content or graphic images? And will you equally apply the tax to include numerous Broadway plays containing nudity or sexual imagery that make their way to the Tennessee Performing Arts Center?
Court Decisions have been clear that you cannot enact a tax based solely on the content of speech. HB3081 imposes a tax based on the content of adult oriented businesses. Additionally, the excessive and arbitrary tax, being dubiously and speciously applied to save marriages, is unfairly levied on legal venues with a specific designation of "Adult Entertainment," and not equally applied to all forms of entertainment such as male entertainers, sporting events or concerts. By singling out one sector of entertainment, you are in fact, setting the stage for the state to pillage and plunder its people.
There are currently several pieces of legislation moving throughout the respective committees set to reduce the sales tax of food that make better sense economically. I urge you to vote NO on HB3081 by Rep. Carr.
Bill Inspired by Carbon Monoxide Fatalities Approved
News release from state Sen. Tim Barnes:
NASHVILLE - A bill sponsored by State Senator Tim Barnes and State Representative Joe Pitts to protect renters of recreation vehicles from carbon monoxide poisoning passed both the House and Senate on Monday.
"This legislation comes too late for those who have lost their loved ones, but with the help of their family members, we can ensure that such a tragedy never happens again," Barnes said.
Senate Bill 2357/House Bill 2734 requires all lease or rental recreational vehicles in Tennessee to have working carbon monoxide detectors. The bill was brought to the state legislature after a tragic incident in Clarksville last year in which five people were killed from accidental carbon monoxide poisoning during a charity event.
Police found the victims in an RV with a generator near a vent and all the windows and doors shut. All five had fatal amounts of carbon monoxide in their blood.
Christine and Ed Watson, whose daughter and husband were killed, came to Pitts and Barnes with the legislation. The bill requires all lease or rental agreements to contain as statement acknowledging that the vehicle is equipped with a working detector.
Under the bill, companies can be held liable for violating the requirement.
"The Watsons have worked tirelessly to educate both lawmakers and the public about the dangers of carbon monoxide and how to prevent such a terrible heartbreak from happening to other Tennesseans," Pitts said. "In our eyes, Christine and Ed Watson are heroes."
The legislation now goes to Governor Bill Haslam for his signature.
Tracy: Romney Endorsement 'Premature' (but ultimately accurate)
Sen. Jim Tracy said he was surprised and "a little aggravated" to see his name on a list of state senators endorsing Mitt Romney for president on Monday morning, but later in the day said he was backing the former Massachusetts governor.
The Romney campaign issued a news release Monday including Tracy, R-Shelbyville, among five Tennessee state senators now supporting Romney.
"To my knowledge, I haven't endorsed anyone," he said at a luncheon event where Newt Gingrich, a Romney rival for the Republican presidential nomination, delivered the keynote speech. "I'd like to know who I endorse before I endorse."
Tracy said he had talked with Romney supporters "a couple of weeks ago" and told them he was "close" to picking Romney as his favorite. He had anticipated a follow-up call, but did not get one, Tracy said.
Later Monday, he was contacted and, after campaign officials answered "a couple of questions," agreed to back Romney and declared the initial announcement merely "a little premature."
"After they talked to me today, I'm good to go," he said.
Former Sheriff Convicted as Felon Possessing Firearm
MEMPHIS, Tenn. (AP) -- Former Dyer County Sheriff Tommy Cribbs has been sentenced to 24 months in prison and fined $10,000 for being a felon in possession of a firearm.
He had pleaded guilty to possessing a Weatherby .300 Magnum Vanguard.
Cribbs was sheriff during the 1970s and 80s. In 1985 he pleaded guilty to threatening witnesses, prisoner brutality, defrauding insurance companies and other charges. He was sentenced to 10 years in prison on federal and state charges.
According to the State Gazette of Dyersburg, Cribbs has had several legal encounters in the past few years.
TN Supreme Court Allows Lawsuit Over Priest's Sexual Abuse
NASHVILLE, Tenn. (AP) -- The Tennessee Supreme Court ruled Monday that a man who claims to have been sexually abused by a Catholic priest in the 1970s can go ahead with his lawsuit against the Diocese of Memphis.
Norman Redwing, 51, sued the Diocese in 2008, nearly 30 years past the statute of limitations. Typically, victims have only a year after their 18th birthday to file a lawsuit.
The suit claims he was abused from 1972 to 1974 by now-deceased priest Milton Guthrie, and that church officials knew or should have known the priest was "a dangerous sexual predator with a depraved sexual interest in young boys."
A lower court dismissed Redwing's suit, saying he waited too long to file. But state law makes some exceptions to the statute of limitations.
Redwing had argued that his case was one of the exceptions because he was accusing the diocese of benefiting from a cover-up. Redwing, according to court documents, said the church mislead him and his family into thinking that church officials were unaware that Guthrie was a sexual predator.
Continue reading "TN Supreme Court Allows Lawsuit Over Priest's Sexual Abuse "
Gingrich Calls Santorum 'Big Labor Republican'
By Ken Thomas, Associated Press
NASHVILLE -- Republican presidential candidate Newt Gingrich on Monday slammed rival Rick Santorum as a "big labor Republican," accusing him of siding with unions over Memphis-based FedEx when the Senate grappled with a labor dispute in the 1990s.
Gingrich, the former Georgia congressman and House Speaker, is hoping to revive his struggling campaign in the South, and he tailored his message Monday to Republican voters in Tennessee. Although polls show a close race between Santorum and Mitt Romney, Gingrich challenged the former Pennsylvania senator and his conservative credentials.
"I think there are profound reasons that Rick lost the Senate race by the largest margin in Pennsylvania history in 2006 and I think it's very hard for him to carry that all the way to the general," Gingrich said. "Then he comes South and you take the case right here. He voted for the unions over FedEx. I suspect most folks in the state don't know that. But in fact he was a big labor Republican in Pennsylvania and I suspect when you get to Memphis and you say to people, 'Gee, this is a guy who wanted to guarantee that FedEx give into the unions.' Santorum won't be as popular the following morning."
Gingrich was referring to a provision in a 1996 spending bill for the Federal Aviation Administration that sought to help FedEx truck drivers in their efforts to organize. A group of Democrats held up the FAA bill to protest what they said was an attempt to help FedEx prevent its truck drivers from forming a union.
In 2006, Democrat Bob Casey soundly defeated then Sen. Santorum.
Gingrich said if Romney wins the Michigan primary on Tuesday, "you'll see things start to clarify. If, as people expect, you end up with a Romney victory in Michigan tomorrow, I think you'll see Santorum getting a very different second look."
Bypassing Michigan and Arizona, the other primary on Tuesday, Gingrich said voters in Tennessee and his home state of Georgia could rejuvenate his presidential bid, which has stalled since he claimed a surprise victory in last month's South Carolina primary. The former House speaker said a handful of states voting on the mega-contest day of March 6 could propel him to wins in Mississippi and Alabama next month and delegate-rich primaries later in the spring in Texas and California.
"Then all of the sudden, the same media which said I was dead in the fall, I was ahead in December, I was dead in early January, I was ahead in mid-January, all of the sudden they're going to say ... Gingrich will be back again," he said during a luncheon with local Republicans.
Tennessee and Georgia hold nearly one-third of the 419 delegates at stake in the 10 states voting on Super Tuesday, contests Gingrich views as crucial to his struggling presidential bid. His campaign sees a potential backdoor opening if either Romney or Santorum stumbles, setting the stage for another showdown in a prolonged series of primary contests.
At a rally on the grounds of the State Capitol, Gingrich, a former history professor, said President Andrew Jackson would have been "enraged" by Obama, citing the president's recent decision to apologize for the actions of U.S. troops who burned Qurans while destroying documents on a military base in Afghanistan.
"Jackson understood that you want your opponents to respect you," Gingrich said, overlooking a statue of the 19th century president riding horseback. "They don't have to like you but they have to understand that you're formidable and you're dangerous."
Later in the day, Gingrich was attending a rally at the State Capitol with former Tennessee Sen. Fred Thompson.
Gingrich was reaching for a strong showing in Tennessee even as a statewide poll underscored his challenges here. A Vanderbilt University poll showed Gingrich at 10 percent in the state, trailing rivals Santorum with 33 percent and Romney with 17 percent. The poll of 767 likely Republican primary voters was conducted Feb. 16-22 and had a margin of error of 3 percent.
"The race remains very fluid in this state and will likely continue to move in response to the primaries in Michigan and Arizona," said John Geer, a Vanderbilt political scientist and co-director of the Vanderbilt Poll. "Still, this poll suggests the climb is steep for the speaker, but far from impossible in this unpredictable year."
Earlier, Gingrich attended a health care forum at the law firm of former Senate Majority Leader Howard Baker Jr., R-Tenn., urging Republicans to think of this time as "the beginning of the replacement debate rather than just the anti-Obama care debate." Gingrich has said he would repeal President Barack Obama's health care law if Republicans win congressional majorities.
Gingrich has offered a number of alternatives to the new health law, offering a tax credit to help people buy health insurance or the ability to deduct part of the costs from their taxes.
The former speaker returns to Georgia on Tuesday for a three-day bus tour around his home state, hoping to halt a month-long slide.
"My basic hope is to pick up some delegates virtually everywhere, pick up a lot of delegates in the South and Southwest and then with Texas and California, be totally in the race," Gingrich said.
Continue reading "Gingrich Calls Santorum 'Big Labor Republican'"
Homeless Impacted by Bill to Evict Occupy Nashville?
By Travis Loller, Associated Press
NASHVILLE, Tenn. -- The House will take up a bill on Monday that is designed to evict Occupy Nashville but could also be used to jail homeless people around the state.
The "Equal Access to Public Property Act of 2012" makes it a crime to camp on any state-owned land that is not specifically designated for camping -- not just the War Memorial Plaza near the Capitol where Occupy Nashville protesters have set up tents.
And the definition of camping is very broad. It includes "storing personal belongings, making any fire, doing any digging or earth breaking or carrying on cooking activities."
Those violating the proposed law could have their belongings seized and be charged with a Class A misdemeanor -- the most serious type of misdemeanor, punishable by nearly a year in jail or a fine of up to $2,500 or both.
"This will adversely affect the homeless, because it is too broad," said Bob Tuke, an advocate for homeless veterans with the charity Operation Stand Down Nashville and a former chairman of the Tennessee Democratic Party.
"Any veteran who happens to be on state-owned property and is arrested because of this, I can't tell you how deeply that idea offends me as a veteran," he said.
Continue reading "Homeless Impacted by Bill to Evict Occupy Nashville?"
Sometimes, Jamie Woodson Enjoys a Little Horse Play
In a profile story on Jamie Woodson, Georgiana Vines reports the former state senator turned SCORE president likes hunting, fishing, mentoring youngsters and, perhaps most notably, horses.
"I can't tell you the hundreds of times I have balanced out a weighty decision I had to make while grooming a horse, picking out stalls, cleaning tack or weed-eating a fence row. Sometimes, I don't think about a single thing. I just enjoy the sight, the smells and the sounds of horses and the labor that it takes to tend to them properly," the 40-year-old said.
...While she lived in Sequoyah Hills, she kept a thoroughbred horse, Mikey, in Jefferson County (which became part of her state House district through redistricting, prompting some concern over winning against a Jefferson County opponent.)
She won her first blue ribbon in a horse show at River Glen in Jefferson County -- a win she parlayed into winning the election. In the Republican primary she beat Craig Kisabeth, a formern football coach, and was the winner since no Democrat ran.
...During the time she served in the state House and Senate, Woodson also was general counsel for Camel Manufacturing in Campbell County. April Harris, Camel's CEO, said she got to know Woodson when they both rode horses at Penrose Farm. Harris' daughter, Sommerville, rode ponies there along with her friends.
"Jamie would take the pony club girls out to lunch during the day. My daughter would come back and tell me about Jamie. That's how I met her, encouraging girls to be all they could be," she said.
Maggart May Have GOP Primary Opposition
Retired Lt. Col. Courtney Rogers of Goodlettsville picked up her petition Friday to seek the Republican Primary nomination for House District 45. The seat is currently held by Rep. Debra Maggart who has filed her petition for the Aug. 2 state primary, reports the Gallatin News.
Rogers lived in HD45 even before the recent legislative redistricting. The newly drawn district lines add the rest of Goodlettsville in Sumner County and then swings up the western side of the county through Millersville and White House. The newly added areas are totally untested turf for Maggart who has not had a primary challenge since winning a seven-way open-seat Republican primary in 2004, according to election results at the Secretary of State's Office.
"I did pick up a petition for State Representative of the 45th District," Rogers confirmed Sunday. "I want to offer people a choice. Right now I am trying to qualify and I am trying to build a team. It's early in the process." Rogers spoke of the importance of unity and restoring values.
Rogers retired in 2008 after 28 years of active Air Force and Air National Guard duty. Her father, Ralph Marion Dryden Jr, served as a helicopter pilot of Marine 1 for three presidents, Eisenhower, Kennedy, and Johnson. Marine Major Dryden was killed in action in the Republic of Vietnam 28 July 1968 at the height of the war's worst fighting following the Tet Offensive that led President Johnson to decide not to seek reelection.
Audit Reports Deputy Sheriff's Misdeeds
News release from Comptroller's Office:
A Lauderdale County deputy sheriff repeatedly spent undercover funds for unauthorized purposes and falsified documents to cover his tracks, a report by the Comptroller's Division of County Audit has found.
The same deputy, Jason Winchester, used his county cell phone for personal business and overstated the amount of compensatory time he had earned. Winchester's actions resulted in a cash shortage of more than $4,000, although the total could have been higher because the records of undercover fund expenditures were falsified.
As a result of the investigation by the Comptroller's office and the Tennessee Bureau of Investigation, Winchester was fired last year and later indicted on charges including official misconduct, theft of property, tampering with governmental records, forgery, fabricating evidence and misrepresenting information to a state auditor.
The audit, which was released today, can be found online at http://www.comptroller1.state.tn.us/ca/CountyAudits.asp?C=49.
In all, the audit had 11 findings and recommendations for improvement. Several of the findings highlighted issues that were identified in previous audits, but never properly addressed.
For example, expenditures for the Office of Director of Schools exceeded the office's approved budget by almost $150,000 because officials failed to properly account for costs related to school renovation contracts.
Also, the Offices of the Highway Commissioner and Director of Schools had accounting records that were incorrect and had to be adjusted at the end of the fiscal year.
Some non-governmental employees, including lawyers and title researchers, were given keys to the Office of the Register and allowed unsupervised access to the office after business hours.
And the Office of the Trustee did not have adequate safeguards in place to protect its information resources.
"I applaud our investigators and those from the Tennessee Bureau of Investigation for their work in uncovering the activities that led to the firing and indictment of the sheriff's deputy," Comptroller Justin P. Wilson said. "However, this audit raises a number of other areas of concern. It is troubling to me that issues identified in previous audits have not been addressed. When that happens, I think it's fair for the taxpayers of Lauderdale County to wonder why reasonable steps aren't being taken to help safeguard public dollars."
To report suspected cases of fraud, waste or abuse of taxpayer dollars, call the Comptroller's hotline at 1-800-232-5454.
Five More Legislators for Romney
News release from Romney campaign:
Boston, MA - Mitt Romney today announced the endorsements from five Tennessee State Senators.
"I am proud to announce the support of more Tennessee leaders to my growing team in the state," said Mitt Romney. "Tennesseans are looking for a president who will stop the over-spending, over-regulating, and over-taxation coming from Washington. My economic plan will free the American entrepreneurial spirit and allow for job-creators in Tennessee to innovate and expand without Washington getting in the way."
"Mitt Romney's plan for more jobs, less debt and smaller government is the pro-growth plan that conservatives have been waiting for," said State Senate Caucus Chair Bill Ketron. "By shrinking government and cutting taxes, Mitt Romney will make our country more globally competitive. After three years of President Obama, job creators have pulled back due to the uncertainty created by this administration. With Mitt Romney as president, job creators will be able to grow, hire, and get our country back on track."
Tennessee State Senators Endorsing Mitt Romney:
State Senator Mike Faulk - Church Hill
State Senator Jack Johnson - Franklin
State Senator Brian Kelsey - Germantown
State Senator Bill Ketron - Murfreesboro
State Senator Jim Tracy - Shelbyville
An AP Story on Super Tueday States (Ohio highlighted, TN mentioned)
FLINT, Mich. (AP) -- Regardless of the outcome of Republican presidential primaries in Michigan and Arizona on Tuesday, Mitt Romney and Rick Santorum appear headed for a showdown next week in Ohio.
Both candidates plan to dash there later this week. The candidates and their allies already are spending heavily on advertising in the Buckeye State. It's one of 10 that vote a week from Tuesday, with 419 delegates to the Republican National Convention at stake.
"An awful lot of Ohioans are just tuning in to this," said Terry Casey, a veteran Republican campaign strategist in that state. "It's going to be a sprint."
Beyond Ohio, Romney was looking to contests in the West while Santorum focuses on the South.
Rival Newt Gingrich, seeking to inject momentum into his struggling bid, was working to make his stand in his former home state of Georgia and nearby Southern states that also vote on the mega-contest day of March 6. The former House speaker told reporters Sunday: "We hope to win in Georgia, we hope to do well in Oklahoma and Tennessee. We may surprise people in Idaho. We think we have a real fighting chance in Ohio."
Continue reading "An AP Story on Super Tueday States (Ohio highlighted, TN mentioned)"
iPhone App Lets Users Connect With Legislators
NASHVILLE, Tenn. (AP) -- A new iPhone app billed as the first of its kind in Tennessee allows users to connect with members of the current Legislature.
The app, just released, contains searchable contact, staff and committee information for state representatives and senators.
It was developed by the Tennessee Electric Cooperative Association and the Nashville-based Bass Berry & Sims law firm. For the past 30 years, the cooperative has produced a print directory of the Legislature.
A version for the iPad and Android devices will be available soon.
'Restoring Property Rights' Versus 'Gutting' Local Zoning
A trio of Republican-backed state development bills, pushed as efforts to "restore" property rights, has alarmed Metro Council members who allege the legislation would "gut" Nashville's community-led zoning overlays that guide growth along corridors and in neighborhoods.
So reports the City Paper. More:
Mayor Karl Dean opposes the state bills, suggesting they threaten local control, a stance that has positioned him opposite of a usual ally: the Nashville Area Chamber of Commerce, which is lobbying for the anti-regulatory land use legislation. Metro government provides the chamber $300,000 annually for economic development services. But on this issue, the chamber is pitted against Metro.
"[The mayor] cannot support anything that limits the power of local governments to protect neighborhoods and the quality of life of our residents," Dean's spokeswoman Bonna Johnson said.
Indeed, Metro leaders contend this legislative endeavor is the latest in a now-undeniable trend of the GOP-dominated state legislature: Use state supremacy to override, even circumvent, the autonomy of local municipalities. Moves seem to be pinpointed specifically toward Democratic-leaning Davidson County.
...The three state zoning bills, introduced by Hermitage-area Republican Rep. Jim Gotto, a former Metro councilman, would dramatically curtail Metro's capacity to make and enforce zoning decisions, Metro officials say. In doing so, measures hand greater authority to private property owners on planning issues, limiting the reach of local zoning laws that developers have long bemoaned.
Gotto, a one-term legislator up for re-election in November, said his bills are "all about job creation." For too long, he claims, building and zoning regulations have piled up, creating "layers" of bureaucracy impeding businesses from flourishing.
"It's a restoration of some property rights," Gotto said of his legislation, which could go before a subcommittee this week. "The pendulum has swung. We just need to re-balance this a little bit. I'm hoping some good, positive things will come out of this. We're certainly not trying to shut down planning commissions."
Collectively, the state bills broaden so-called "grandfather" protections for property owners, shielding them from local zoning laws enacted over time. Critics see the proposed policies as an attack on overlays and "specific plans" -- sets of guidelines adopted over the past decade -- aimed at improving aesthetics and fostering pedestrian-friendly growth in certain areas.
...One of the bills, HB3696, would apply vested rights to a development permit, overriding 70-plus years of Tennessee common law, according to the legal analysis of Jon Cooper, the Metro Council's attorney.
...Raising many eyebrows is HB3694, which according to Cooper's analysis rewrites state statute on "nonconforming property." ...According to Cooper's analysis, the state proposal would protect all nonconforming property "forever" unless the property owner "intentionally and voluntarily relinquishes them."
...Chamber officials and Gotto both credit Republican Lt. Gov. Ron Ramsey's recent "Red Tape" statewide tour -- which sought to identify ways "government makes life harder" for small businesses -- for identifying zoning hurdles. Gotto's bills resulted.
"While there are some situations when SPs [specific plans] and overlays are useful and beneficial, I have concerns when SPs and overlays are put on properties either without the knowledge property owners, which has happened in some cases, or against the wishes of the property owner," Gotto said. "That's what typically happens when you have these massive zonings and overlays.
A related state bill, HB1345, which Williamson County Republican Rep. Glen Casada has introduced, prohibits a local government from rezoning private property without the consent of affected property owners.
TDEC Critic Involved in Mitigation Melee
As part of a story on the controversy over the state's mitigation program and related legislation, Anne Paine uses the example of a Sumner County creek that was apparently damaged by a development that was supposed to pay into the mitigation fund, but did not.
Halo Properties LLC had sought permission about four years ago to shorten and move the creek. It agreed to pay $140,000 to the Tennessee Stream Mitigation Program for the approval to do so. The company also contracted to pay $27,000 to fill in a 0.39-acre wetland elsewhere.
The money for wetlands was paid in 2008 to the Harpeth Wetland Bank, but documents show the $140,000 was not, despite the requirement.
"My understanding is it is being paid," said Danny Hale of Halo Realty in Hendersonville. "Either it has or it will be," he said.
He was a partner in Halo Properties but said that company is in receivership. He said the property was sold two years ago.
....A road was built across the property where the creek was shifted and the wetlands removed, but no development was built.
In January 2009, the state issued a notice of violation to Halo Properties, on grounds that included the failure to pay the $140,000. An official invoice to Halo from the stream mitigation program was not sent until November 2011, though Halo asked for one earlier.
One of two annual required monitoring reports of the site where the stream was shifted has not been received, TDEC officials said last week.
The issue is being assessed by the state's water pollution control division, Meg Lockhart, TDEC spokeswoman, said Friday.
Sulkin's group and the Tennessee Environmental Council, meanwhile, are taking action on a situation they say has only lingered.
They said they sent notice Friday that they intend to sue Danny Hale of Halo for polluting streams.
The company has failed to meet requirements, including not having paid the stream mitigation money, not planting enough trees and not establishing a 50-foot buffer on each side of the stream, they say in their letter.
...Hale is one of the businesspeople who blasted TDEC in round-table talks Gov. Bill Haslam held last year as comments were sought on how to make the state more business-friendly
Super PACs Turning to Tennessee (Romney PAC at $1 Million Bashing Santorum in TN)
The political ad wars are coming to Tennessee, courtesy of the big money groups that are dumping millions of dollars into the GOP presidential race, reports Michael Collins.
Restore Our Future, a group backing Mitt Romney's campaign, has bought nearly $1 million worth of radio and TV airtime for an ad blasting GOP rival Rick Santorum as "the ultimate Washington insider." The 30-second spot began running statewide last Tuesday and will continue airing right up to Election Day on March 6.
The ad marks the first spending in Tennessee by so-called "super PACs," the new breed of political action committees that can raise -- and spend -- unlimited amounts of money to influence presidential and congressional races.
More super PAC money is expected to flood into Tennessee over the next week, as the fundraising groups shift their focus to states with Super Tuesday primaries.
"None of these campaigns have a huge amount of ground forces, so the tendency is to decide what your next targets are and do sort of a blitz in the week or 10 days before a primary," said Bruce Oppenheimer, a Vanderbilt University political science professor who studies elections.
Ohio and Tennessee are likely to be the two Super Tuesday states with the most highly contested primaries, so both will almost certainly see a lot of spending by super PACs in the coming days, Oppenheimer said.
The fact that Restore Our Future already has dumped $916,000 into Tennessee in support of Romney is a sign the state is up for grabs, Oppenheimer said.
"They are going after Tennessee in a big way, and they see that as a state they could potentially win in the South," he said.
...This election cycle is the first in which super PACs have played a role in the presidential race, and they have been using their influence to bombard the airwaves with ads propping up or tearing down candidates.
Super PACs already have raised $126 million and spent nearly $59 million this election cycle, according to the Sunlight Foundation, a nonpartisan group that advocates more openness and transparency in government.
Right now, Restore Our Future's anti-Santorum ad is the only super PAC ad running in Tennessee. Brittany Gross, a spokeswoman for the group, declined to say if more ads are planned.
A pro-Santorum super PAC also is considering running ads in Tennessee.
"We've not made that decision yet, but we're going to have to make it very quickly," said Stuart Roy, spokesman for the Red, White and Blue Fund.
"Generally speaking, people are up for 10 days or two weeks prior to these primaries -- that has been sort of the practice -- so we're having to focus our resources on states that make the most sense, and Tennessee sure seems to make a lot of sense."
The Red, White and Blue Fund filed a notice Friday indicating that it has spent $77,415 in Tennessee, but Roy said that money went for a direct-mail campaign.
Meanwhile, 44 Tennesseans have contributed a total of $15,722 to various super PACs, according to the Sunlight Foundation.
That figure is far below what is being collected in other states.
Texans, for example, have made $28 million in super PAC donations. In Arizona, which has a population similar to Tennessee's, residents have given $322,000.
Note: Bart Sullivan has a rundown on presidential campaign ads that have been rated for veracity by Politifact and which may be repeated in Tennessee and other Super Tuesday states.
Savings Seen in Probation and Parole Reshuffling
By Lucas Johnson, Associated Press
NASHVILLE, Tenn. -- Tennessee correction officials say a proposal to transfer certain services from the Board of Probation and Parole to the Department of Correction will save thousands of dollars and improve public safety.
The legislation would move certain functions relating to probation and parole services and the community corrections program, which assists victims and offers more options to local courts, to the Correction Department.
The transfer is expected to "result in increased stability, increased efficiency and continuity of supervision delivery and rehabilitative efforts," according to the proposal, which passed the Senate 32-0 earlier this month.
The companion bill is scheduled for the House Finance Committee on Tuesday.
Correction Commissioner Derrick Schofield said the move would save the state about $714,000 in the first year. While the savings is important, he said the state wants to provide the best supervision and services for offenders so they don't come back into the system.
Continue reading "Savings Seen in Probation and Parole Reshuffling"
Vandy Poll Shows Santorum With Big TN Lead Over Romney (33% to 17%)
Former U.S. Sen. Rick Santorum of Pennsylvania has brought his national momentum to Tennessee, outdistancing Republican presidential rival Mitt Romney by a nearly 2-to-1 margin among voters taking part in a new Vanderbilt University poll.
More from The Tennessean's poll report:
But with Tennessee's GOP primary now just nine days away, the race here remains fluid because one in four potential voters say they don't know or don't like any of the candidates, said Vanderbilt political scientist John Geer.
"As big a theme as Santorum leading is that a lot of people haven't made up their minds," said Geer, co-director of the Vanderbilt Center for the Study of Democratic Institutions.
The center commissioned the survey of 1,508 registered Tennessee voters -- including 815 who indicated a preference for a Republican candidate -- Feb. 16-22, during the first week of early voting.
The poll had a margin of error of 2.6 percentage points. The poll, conducted by Princeton Survey Research Associates International, found that 33 percent of registered voters who are considering voting in the primary would push the button for Santorum, compared with 17 percent for Romney, a former governor of Massachusetts.
U.S. Rep. Ron Paul of Texas was the favorite of 13 percent of those voters, while former House Speaker Newt Gingrich, who represented Georgia in Congress, drew just 10 percent. An additional 27 percent either said they wouldn't vote for any of the four major remaining candidates, didn't know how they would vote or refused to answer.
'Black Listed' Lakeshore Patients Will Remain in State Care
Kristi Nelson has reports on Gov. Bill Haslam's plans to close Lakeshore Mental Health Institute at Knoxville, one beginning with the observation that the Legislature seems likely to accept the new arrangement and the other on legislator questioning about a "black list" of Lakeshore patients deemed too "challenging" for the private hospitals that will take over care of most state-paid patients.
Excerpt from the latter report:
At a Feb. 8 state House committee meeting, Knoxville Reps. Steve Hall and Joe Armstrong both asked Commissioner of Mental Health Douglas Varney about a "blacklist" that allegedly allowed local psychiatrist hospitals to turn away certain patients -- patients, Armstrong said, Lakeshore Mental Health Institute has filled the "role" of taking in the past.
"Effectively, we have not gotten rid of that 'blacklist'" with the contracts that are currently in place, Armstrong said, echoing concerns advocates, families and Lakeshore employees have voiced at various public meetings
. "We've had multiple meetings talking about issues like blacklisting," Varney told committee members, adding that "admissions policies" will be addressed in the new contracts with providers.
Varney said he envisioned beds at Middle Tennessee State Mental Health Institute in Nashville, where patients will be sent if local providers can't handle them, as a "safety valve" for patients who meet very specific criteria -- not as a dumping ground.
Tony Spezia, CEO of Covenant Health, which owns Peninsula, said it has been taking "more challenging patients" all along. "We've essentially been seeing Lakeshore patients for a number of years," as the state facility has downsized, Spezia said. "Our admissions have been three times what Lakeshore's are."
Sunday Column: Some Bills Die With a Whimper, Others Cause a Bang
It took about three minutes to deftly destroy the latest effort to impose term limits on state legislators. The maneuver, accomplished with bipartisan collaboration, assures that no term limits can be put in place for another decade or so and that there's really no record of anyone being against the idea.
The effort was HJR625, crafted by Rep. Art Swann, R-Maryville, with a good bit of thought. Basically, it provided that state representatives -- in exchange for term limits -- would have their term of office changed from two years to four years, then be limited to serving no more than three terms or 12 years.
Swan brought the bill before the House State and Local Government Subcommittee last week and gave a brief explanation. Whereupon House Democratic Caucus Chairman Mike Turner said the measure seemed to have some merit, but also raised questions and declared it needed to be studied. He thereupon made a motion that the proposal be sent to "summer study."
Continue reading "Sunday Column: Some Bills Die With a Whimper, Others Cause a Bang"
Santorum Schedules Nashville Fundraiser
Republican presidential candidate Rick Santorum will visit Nashville for a fund raiser Wednesday, six days before Tennessee's Republican primary, according to Chas Sisk.
Invitations were sent out Friday night for an event at the Oak Hill home of Kelley and Lee Beaman, the Beaman Automotive CEO who previously hosted a fund raiser for former GOP candidate Rick Perry.
In one of two emailed invitations I've seen, the Beamans wrote that Santorum, a former U.S. senator from Pennsylvania, has emerged as a "true conservative candidate" who can beat President Barack Obama in November.
"History shows that we win when we run the most conservative candidate - not the most moderate. I sincerely believe Rick Santorum is that candidate.
"I maxed out first to Rick Santorum, but was one of the many who said, "I really like him, but he can't win." With the latest national polls showing Santorum's lead increasing, I'm happy to say I was wrong. I know its extremely short notice, but please join us."
Note: Over in Knoxville, there were weekend rallies scheduled for Santorum, reports Georgiana Vines.
Santorum Draws 1,500 to Chattanooga Tea Party Event (plus 80 protesters)
Wearing a blue blazer, open-collared shirt and jeans at Abbas House, a Southern Baptist megachurch, Rick Santorum headlined the Chattanooga Tea Party's "Liberty Forum" Saturday in Hixson, reports the Chattanooga Times Free Press. He called President Barack Obama a "snob" for saying every American child should go to college and promoting his own version of family values.
"True happiness comes from doing God's will," the Roman Catholic former U.S. senator from Pennsylvania said. "It comes not from doing what you want to do, but doing what you ought to do."
A 34-second round of applause filled the 3,100-seat facility, where organizers hung drapes over some empty upper tiers. The father of seven children, Santorum is well-known for his opposition to contraception, gay marriage and all forms of abortion, themes he briefly explored during a 53-minute speech.
"It's one thing to be pro-life; it's another thing to go out and fight for life," he said. "I have fought for life."
Several hundred feet away, on sidewalks off Hixson Pike, about 80 mostly young, mostly female protesters distributed condoms, chanted slogans -- "Racist, sexist, anti-gay, Rick Santorum, go away" among them -- and worried about losing their reproductive rights under a Santorum administration.
Next to a friend whose homemade poster said "My vag, my rules," Lindy Stallings held up a sign that said, "If the fetus you save is GAY, will you still fight for its rights?"
"A lot of people don't think of it that way," said Stallings, an 18-year-old student at the University of Tennessee in Knoxville.
But their opinions were deeply in the minority Saturday. A large crowd whistled and whooped for Santorum, doling out nearly a dozen partial or full standing ovations throughout his speech.
"Santorum was right on it -- he's all about family," said Annie Bandy, a 62-year-old retiree who lives in Rhea County. "I depend on God's government."
Tea party officials did not release an official attendance figure, but an estimated 1,500 gradually trickled in to see Santorum, who arrived 30 minutes earlier than expected.
Slated to appear before Santorum, U.S. Rep. Chuck Fleischmann bore the brunt of the scheduling snafu, speaking after the headliner as hordes headed for Santorum or the exits.
Continue reading "Santorum Draws 1,500 to Chattanooga Tea Party Event (plus 80 protesters)"
Martineau: TDEC 'Too Slow and Unpredictable'
Excerpt from an op-ed piece in The Tennessean by Robert Martineau, commissioner of the Department of Environment and Conservation:
After a year of careful study that included extensive feedback from employees and stakeholders, one message came through loud and clear: While the department is full of many dedicated public servants with great technical expertise, TDEC had to change.
Environmentalists and business leaders alike agreed our processes had become too slow and too unpredictable. Our best employees were stymied by a cumbersome bureaucracy that often created disjointed policy and no longer rewarded individual effort and creativity.
NAACP Leaders: Photo ID Law Raises 'Racial Disparity Issue'
State and national NAACP leaders held a news conference Saturday in opposition to Tennessee's voter identification law, which passed last May. The Tennessean reports they said the law, which requires residents to submit a photo ID to vote, is a "racial disparity issue."
"This state is seeking to go back to the days before we had the Voting Rights Act of 1965," said NAACP state President Gloria Sweetlove. "We stand here and ask every person to fight with us."
Under the 1965 law, voting practices and procedures discriminating on the the basis of race, color or language were prohibited. The NAACP's take on the current law is that it is discriminatory against certain populations, including African-Americans, the poor, immigrants, women and senior citizens.
But proponents of the law, including state Rep. Debra Maggart, R-Hendersonville, say that's not the case, adding that legislators modeled the Tennessee law after a 2005 Indiana law that has been challenged and upheld in the U.S. Supreme Court.
"In that case, the justices found that the burden for an election to be pure and true was more important than anything," Maggart said. "The burden of having to go and get a photo ID was not greater than the burden of having a true, honest election."
The Return of 'Tax Porn, Not Corn'
A state lawmaker from Rutherford County has proposed a tax that could increase state revenue by $55 million, reports WTVF-TV. Representative Joe Carr of Lascassas said taxing adult businesses, and the products they sell, is a way to help all Tennesseans.
"If we can't outlaw it, and the Supreme Court says we cannot, then what we'll do is put a 25% tax on adult material, hard core pornography," Representative Carr said.
Carr claims his proposal is about more than just money. He said his real concern is about saving marriages. He said that Tennessee has one of the highest divorce rates and he's hoping his proposal will change that.
According to the bill he filed, the adult entertainment industry generates nearly $222 million a year in Tennessee.
A 25 % sales tax would be applied to adult movies, books or admission to any adult entertainment venue. It would also apply to escort services and cabarets.
(Note: The bill is HB3081, sponsored in the Senate by Sen. Stacey Campfield, R-Knoxville. Revenue from the new tax would be used to reduce the sales tax on food. It's similar to Campfield's "tax porn, not corn" proposal back in 2009. Story from then, HERE).
Update: See also, Sen. Campfield's blog post on the subject, entitled "It's a Sexy Bill.'
TNDP: Veterans Criticize Haslam Ending Veteran Hiring Preference
News release from Tennessee Democratic Party:
Governor Bill Haslam's stealthy effort to eliminate veterans' preference for state hires looks poised to hit a very public stumbling block -- Tennessee veterans.
Haslam's TEAM Act would eliminate civil service rules, such as veterans' preference, that protect taxpayers from political patronage, a corrupted hiring system that centralizes authority and rewards friends and campaign donors with government jobs and contracts.
William Woolet, of Knoxville, served in the U.S. Navy during the Korean War from 1945 to 1952 aboard the U.S.S. Princeton, an aircraft carrier. Woolet says it's wrong to take away rights from veterans when so many young men and women are coming home without a job.
"Maybe Governor Haslam doesn't understand that there just aren't enough jobs out here right now," Woolet said. "That means getting a job for a veteran is pretty a big deal. It doesn't make me feel very good that he'd want to change veterans' preference. These soldiers deserve better when they get back.
"And I can promise you this: If a veteran is qualified to do the work, you cannot find an employee who'll do the work and get the job done better than a veteran," Woolet said.
The unemployment rate for young men and women returning from Iraq and Afghanistan is upward of 30 percent, according to estimates. In a state with multiple military installations and more than 400,000 veterans, Haslam's decision to eliminate veterans' preference is making headlines.
Continue reading "TNDP: Veterans Criticize Haslam Ending Veteran Hiring Preference"
New PAC on the Block; Hands Out $117,000 in First Month
A new Tennessee PAC took $126,000 from its parent organization in Washington on Dec. 8, 2011, then distributed $117,000 of the money to state legislator campaign causes by Jan. 9, 2012, according to its first campaign finance disclosure.
Tennessee Parents/Teachers Putting Students First... is the creation of StudentsFirst, a group pushing its version of education reform. The group was created by Michelle Rhee, the former chancellor of the Washington, D.C., school system. Rhee is the ex-wife of state Education Commissioner Kevin Huffman, whose boss is Republican Gov. Bill Haslam.
(Note: Students First also did a state poll - apparently paying for it outside the PAC, which discloses no poll spending - and provided the results to legislative leaders, several of whom received PAC money. The poll found the public supports proposals the group is pushing. It also shows the Legislature has a 63 percent approval rating among voters. See post below, or direct link to Tennessean story HERE.)
All of the PAC's $126,000 in funding comes from StudentsFirst. The StudentsFirst PAC ranked No. 5 in contribution to individual lawmakers or legislative candidates with $65,400. Most contributions went to Republicans, who dominate the General Assembly these days. But Democrats were not forgotten.
The Senate Republican Caucus received $10,000 as did the House Republican Caucus. The PAC gave $5,000 each to the House Democratic Caucus and the Senate Democratic Caucus.
Republican Senate Speaker Ron Ramsey's leadership committee, RAAMPAC, got $5,000 as did Ramsey's personal campaign. Republican House Speaker Beth Harwell got $5,000 for her leadership committee, Harwell PAC, and another $5,000 for her personal campaign.
StudentsFirst Poll Shows Tennesseans Support StudentFirst Plans
A majority of Tennessee voters support education reform and think the state is heading in the right direction, a recent poll found, reports The Tennessean.
A memo to state lawmakers last week from Mike Carpenter, Tennessee's director of nonprofit StudentsFirst, showed its poll backed teacher tenure changes, new teacher evaluations and more charter schools. The poll, conducted by Public Opinion Strategies, surveyed 600 likely voters on Jan. 31 and Feb. 1, and had a 4 percent margin of error.
Among the findings: 72 percent of those polled like teacher evaluation changes, 68 percent favor alternate teaching licenses and 58 percent favor ending forced placement of teachers by districts without teacher or principal consent.
Gov. Bill Haslam garnered a 72 percent approval rating and lawmakers a 63 percent approval rating by voters.
Scooter Touts GOP Power Parade in Support of Senate Bid
State Republican fundraiser B.C. "Scooter" Clippard appears set to run in a GOP state Senate primary, but Andy Sher reports that an email he recently sent is raising a few eyebrows with his mention of state Republican bigwigs supporting his bid.
"Fred Thompson -- Bill Frist -- Lamar -- Corker -- Beth and Ron all plan on doing events for me," Clippard enthuses in the email, which saw wide distribution.
Clippard served as national fundraising chairman in former U.S. Sen. Fred Thompson's unsuccessful 2008 GOP presidential bid and in 2010 and also was state Republican Senate Speaker Ron Ramsey's unsuccessful GOP primary bid for governor.
But two of the politicians cited say they're steering clear of the GOP primary in which Steve Dickerson and Charles Williamson have already announced.
"It has been our custom not to be involved in open state legislative primaries, and we have no plans to change that practice," said Todd Womack, chief of staff to U.S. Senator Bob Corker, R-Tenn., in an email.
U.S. Sen. Lamar Alexander, R-Tenn., was quoted in the Nashville Post saying, "Scooter Clippard has been a good friend for a long time. He called to tell me he planned to run and I told him I would be happy to do an event for him after the primary."
More TN Kids Growing Up in High Poverty Areas
One in every eight Tennessee children is growing up in a high poverty community, according to data snapshot released this week by the Annie E. Casey Kids Count project.
More from the News Sentinel:
"The concern is there are reduced opportunities they have to be successful in school and in life," said Linda O'Neal, executive director of the Tennessee Commission on Children and Youth.
....The report -- which highlights newly available national, state, and city data from the U.S. Census Bureau's American Community Survey -- found that one-fourth of Tennessee children live in poverty.
The snapshot indicates how high-poverty communities are harmful to children, outlines regions in which concentrated poverty has grown the most, and offers recommendations to address these issues.
O'Neal said her agency is familiar with the numbers but was surprised to see that the number of children in concentrated poverty areas had doubled since 2000.
From 2006 to 2010, about 200,000 Tennessee children lived in concentrated poverty areas, or communities where 30 percent or more of the children live in poverty.
O'Neal said she believes that is because of the effect of the recent recession and the state's high unemployment rate.
One of the things that sets Tennessee apart from other states, she said, is its poverty is in both urban and rural areas of the state, from Memphis and Nashville to the Appalachian community
'Suspicious Letter' Shows Up at Alexander's Nashville Office
Crews responding to a suspicious letter at U.S. Sen. Lamar Alexander's Nashville office decontaminated one person who came in contact with the letter and have sent it to the state lab to be analyzed further, reports The City Paper.
The FBI, along with Metro police and fire crews, responded to a call of a suspicious package around 2 p.m. Thursday at 3322 West End Ave., the building that houses Capitol Records and the local offices of Alexander and U.S. Sen. Bob Corker.
Fire department Deputy Chief Kim Lawson said crews responded to Alexander's office, isolated the letter and decontaminated a woman who worked in the office. Lawson said there have been no reports of illness associated with the letter so far.
The Associated Press reported Wednesday that several members of Congress had received "threatening letters containing a suspicious powdery substance," which turned out to be harmless. Reuters, citing an unnamed "U.S. law enforcement official," also reported Wednesday evening that TV personalities Jon Stewart and Stephen Colbert received letters stating that all 100 U.S. senators would receive letters, 10 of which "would contain a deadly pathogen."
TBI Charges Deputy Sheriff With Stealing Drugs in Traffic Stops
News release from Tennessee Bureau of Investigation:
Chattanooga, Tenn. - The Tennessee Bureau of Investigation today arrested a former McMinn County Sheriff's Office deputy for one count of official oppression after he was indicted by the McMinn County grand jury earlier this week.
Justin Hester, 28, of 263 County Road 587, Englewood, Tenn. was charged as a result of a TBI investigation that began in November 2011. While working as a McMinn County deputy, Hester made numerous traffic stops between the summer of 2011 and November 2011 which were not documented with the county's dispatch. The investigation revealed that Hester removed prescription narcotics, such as oxycodone, from the individuals and the vehicles he stopped and searched. He did not arrest or charge the individuals nor did he turn the pills into the evidence room at the sheriff's office, keeping them for himself. Many of the individuals did not realize Hester took the pills until after the traffic stop was concluded. Hester resigned from the McMinn County Sheriff's Office in December 2011.
Hester was booked into the McMinn County Jail and booked on a $5,000 bond.
Administration Files Rules to Ban Camping (and Occupy Nashville) at Plaza
While the Legislature is likely to complete its work on a bill that would prohibit camping on the Legislative Plaza Monday night, the enactment of rules with the same objective - launched by Gov. Bill Haslam's administration -- is progressing more slowly.
Formal notice of the proposed rules for use of the plaza area - called War Memorial Plaza in the rules - was filed on Friday. The notice and proposed rules may be found here: LINK.
The rules are fairly detailed, running seven pages. There is a prohibition on "camping or sleeping overnight," the focus of the Legislature's proposed new law, but the rules go far beyond to address an array of other activities.
The Haslam administration began the rulemaking process after dozens of Occupy Nashville protesters were arrested in October, only to be freed after judge noted there appeared to be no law or rule on the books that they violated.
Following publication of the rules with notice, there's now a period during which comments can be offered and some other formalities before they can be put into effect.
Democrat Naifeh Included in Newt Gingrich's TN 'Courtesy Calls'
Besides the public events in his presidential campaign trip to Nashville Monday, Newt Gingrich is scheduled to make "courtesy calls" on some Tennessee elected officials at the state capitol - including former Democratic House Speaker Jimmy Naifeh.
Gingrich Tennessee spokesman Ken Marrero says the visits are "bipartisan." Others on the list include House Speaker Beth Harwell, who is supporting Romney for president, and Lt. Gov. Ron Ramsey, who is neutral since Texas Gov. Rick Perry withdrew.
Naifeh says he state Rep. Tony Shipley, R-Kingsport, who is co-chairman of Gingrich's campaign, asked him a couple of weeks ago if he would like to meet Gingrich.
Asked what they might talk about, Naifeh wondered if the former U.S. speaker knew former Georgia House Speaker Tom Murphy, a Democrat whose service in Georgia overlapped Naifeh's reign as House speaker in Tennessee. He said has heard Murphy and Gingrich are from the same area of Georgia.
Gingrich is not going to be winning a vote with a visit to the Democratic House speaker emeritus.
"I will not be voting in the Republican primary," Naifeh said.
Gingrich's Nashville Visit Schedule
Former House Speaker Newt Gingrich's campaign has provided a schedule of events during his trip to Nashville on Monday. A campaign spokesman says all seats are taken at the events except for the "town hall rally," which is open to the public.
Here's the schedule:
10:00 a.m. Health Care Roundtable
Baker Donelson, Bearman, Caldwell & Berkowitz Law Offices
211 Commerce Street, Suite 800
Nashville, TN 37201
12:00 noon First Tuesday Luncheon
Waller Lansden Dortch & Davis Law Offices
Nashville City Center
511 Union Street, Suite 2700
Nashville, Tennessee 37219
2:30 p.m. General Media Availability
Old Supreme Court Chamber
600 Charlotte Avenue
Nashville, TN 37219
3:00 p.m. Tennessee Town Hall Rally
State Capitol East Front
600 Charlotte Avenue
Nashville, TN 37219
Callista Gingrich To Speak to TN Chapter of Women With Newt
Location: State Capitol
Legislative Plaza
Room LP 16
600 Charlotte Avenue
Nashville, TN 37219
Jimmy Haslam Likes 'Audacious Leadership' of Mitt Romney
News release from Mitt Romeny campaign:
Boston, MA - President and CEO of Pilot Travel Centers Jimmy Haslam issued the following statement on Mitt Romney's plan to restore America's promise.
"Americans are sick of politicians and Washington insiders kicking the can down the road on the serious problems our country faces, all the while hoping that the day of reckoning doesn't come on their watch. Mitt Romney has proposed a bold solution to actually fix the major economic problems facing our country: high taxes, out-of-control spending, and the need to reform entitlements. No other candidate in either party can claim such an ambitious and sweeping vision. This audacious leadership is the reason I am proud to stand with Mitt."
Lamar Votes for Mitt
News release from Mitt Romney campaign
Boston, MA - Senator Lamar Alexander today announced that he had voted for Mitt Romney during early-voting in Blount County, Tennessee.
"I'm truly honored to earn Lamar's vote," said Mitt Romney. "As a conservative leader in this country for many years, Lamar has been an outspoken advocate for smaller government, a balanced budget, and reforming our nation's broken education system. In the months ahead, I look forward to his counsel as we look to restore America's promise."
After early-voting today in Blount County, Tenn., Senator Alexander told media present, "I learned a long time ago that Tennesseans didn't elect me to tell them how to vote, but I voted for Governor Romney.
"We're electing a commander in chief who knows something about creating jobs, not a legislator in chief. For me, Governor Romney is the right choice. He's led a state, he's led a business, he's led the Olympics. All our candidates are good Republicans; I don't think they really disagree very much. They emphasize their differences, but the important difference is, Governor Romney has the executive experience this country needs, he's a good Republican, he can attract independents, and I believe he can defeat President Obama and lead our country in a better direction."
Background On Lamar Alexander:
Lamar Alexander Is The Senior Senator From The State Of Tennessee. Alexander has served in the U.S. Senate since 2003 and is the former Chairman of the Senate Republican Conference. President George H.W. Bush appointed him Secretary of Education in 1991. Alexander served as the Governor of Tennessee from 1979 to 1987. Before being elected to public office, Alexander was an aide to Senate Minority Leader Howard Baker.
Harwell Questions 'Don't Say Gay'
By Lucas Johnson, Associated Press
NASHVILLE, Tenn. -- Legislation that would ban the teaching of gay issues to elementary and middle school students may be stalled, as Republican lawmakers discuss whether they should proceed with the bill.
House Speaker Beth Harwell told reporters during her weekly press conference in her office Thursday that she and her colleagues are reviewing the current curriculum "to see if this bill is necessary or if we have unintended consequences with this."
The legislation, known as the "Don't Say Gay" bill, limits all sexually related instruction to "natural human reproduction science" in kindergarten through eighth grade.
Harwell said there's concern the measure could inadvertently open the doors to "sex education at an inappropriate age bracket" in public schools.
Effort to Authorize Whitetail Deer Farming Renewed
NASHVILLE, Tenn. (AP) -- An East Tennessee legislator is again trying to get approval for commercial deer farms after a similar effort failed last year.
Rep. Frank Nicely, R-Strawberry Plains, has accused opponents of his bill of spreading disinformation. However, the measure has raised alarm among hunting groups and wildlife conservation advocates, according to The Tennessean (http://tnne.ws/xT3W9v).
When Nicely crafted the bill (HB3164) this year, he steered it to the House Agriculture Committee, which he chairs. A similar measure last year received little support before the chamber's Conservation and Environment subcommittee.
The Tennessee Wildlife Federation says deer farms open the state to the possibility of chronic wasting disease.
The committee heard testimony on the bill Tuesday and it was limited to the state veterinarian.
"Actually, bringing in 10 more deer would probably be no more a risk than bringing in 10 more head of cattle," Niceley said, referring to infectious disease.
He then asked Charlie Hatcher, Tennessee Department of Agriculture veterinarian, "Would you agree -- or could you almost agree with that?"
Hatcher replied that deer brought into the state would have to meet import requirements, including health documentation.
"Assuming that people follow the rules, the risk would be reduced," Hatcher said.
Before the committee met, Nicely said the Tennessee Wildlife Resources Agency and the TWF are behind public criticism of his bill and said elk and exotic deer have been brought into Tennessee that importing white-tailed deer would be no different.
Proponents say deer could be raised as livestock for meat, hides, antler velvet and urine-- the latter processed to mask the human scent of hunters.
A hunting group has been critical of the proposal, saying it is an economic danger to the state.
Dick Davis with the Middle Tennessee chapter of the Quality Deer Management Association said the state's economy gets more than $500 million yearly from deer hunting.
"This bill endangers that economic benefit for the creation of a relatively few jobs with no benefit to wildlife or conservation," he wrote to lawmakers.
Mike Alder, who represents the North American Deer Farmers Association, said 23 states allow deer farming. Adler said no deer would be brought into Tennessee from states with cases of chronic wasting disease.
Gingrich Hosts Fundraiser at 'Chattahoochee Choo Choo' Hotel
CHATTANOOGA, Tenn. (AP) -- The campaign of Republican presidential hopeful Newt Gingrich has botched the name of a Chattanooga landmark on a fundraiser invitation.
The Chattanooga Times Free Press got a copy of the invite on Thursday in which recipients are invited to the "Chattahoochee Choo Choo Hotel" (http://bit.ly/Ac7iNG ).
The VIP Roundtable event is by invitation only and says the $1,000-per-person event will be in the Crystal Room.
The famed hotel is, of course, the Chattanooga Choo Choo, named after the Glenn Miller hit of the 1940s.
Susan Meyers, Southeast communications coordinator for the Georgia Republican's campaign, said the Chattanooga Choo Choo is one of Gingrich's favorite spots in the South.
Haslam Administration Flags Bill Honoring Bredesen's Wife
NASHVILLE, Tenn. (AP) -- The administration of Gov. Bill Haslam has flagged a bill that would name a perimeter trail around the Bicentennial Mall in Nashville in honor of a former governor's wife.
Haslam is a Republican and his predecessor Phil Bredesen is a Democrat, but bill sponsor Rep. Jimmy Naifeh said he thinks the issue isn't politics, but money.
It would cost an estimated $6,000 for signs to designate the trail to honor Andrea Conte -- Bredesen's wife.
Naifeh -- a Covington Democrat -- told the Chattanooga Times Free Press he can raise the money if the state can handle the signs (http://bit.ly/AbEL9L).
Naifeh noted his request has precedent. A decade ago, lawmakers named the Martha Sundquist State Forest in Cocke County to honor the wife of Republican Gov. Don Sundquist.
Note: Naifeh says, further, that he talked briefly with the governor about the flag and Haslam had not known about the letter expressing opposition -- which was apparently instituted by staff. "We're going to work it out," he said.
Senate Approves Bill That Would Evict Occupy Nashville, 20-10
NASHVILLE, Tenn. (AP) -- A proposal aimed at stopping Occupy Nashville protesters from staying overnight at the Capitol complex has passed the Senate.
The measure was approved 20-10 on Thursday. The companion bill passed the House 70-26 last week. The legislation will now return to the lower chamber for concurrence after an amendment was added.
The legislation would make it a misdemeanor to lay down "bedding for the purpose of sleeping." It refers to items associated with camping.
Protesters have camped at the plaza since early October. At one time there were as many as 60 tents, but that number is now less than half, mainly because of the proposed legislation.
Under the proposal, violators would be fined as much as $2,500 and face up to nearly a year in jail.
Supporters say the bill is necessary because of criminal activity and lewd behavior at the encampment.
Incentives Secrecy Bill Punted Back To Committee in Senate
By Erik Schelzig,
NASHVILLE, Tenn. -- A full Senate vote was delayed Thursday on Republican Gov. Bill Haslam's proposal to close records used to make economic development grant decisions, as some lawmakers questioned why ownership details should be sealed.
Sen. Bo Watson acknowledged the ownership portion of the proposal has become the "fundamental issue around the bill." But the Hixson Republican insisted that "all of the members are interested in making sure that the public gets the necessary information that it needs."
"We are trying to bring more light to the process," he said.
Haslam's bill is part of his effort to shift the focus of economic development incentives toward cash grants rather than traditional tax credits. (It was sent back to committee from the Senate floor Thursday for further study.)
Continue reading "Incentives Secrecy Bill Punted Back To Committee in Senate"
Gingrich Plans TN 'Town Hall' at State Capitol
Former U.S. House Speaker Newt Gingrich will have a "town hall" meeting at the state Capitol complex in Nashville as part of a presidential campaign trip to Tennessee on Monday, according to the Gingrich Tennessee campaign.
From an email to supporters:
Speaker Newt is holding a public, Tennessee Town Hall on Monday, February 27th beginning at 3PM CST. He will personally be there and address those attending. The location is the Tennessee State Capitol Building, the East Side Grounds. A flyer is attached for your websites and mailings. This is a family friendly event, so kids are welcome. Home-schoolers ... here's a great chance to observe the political process up close and personal.
An evening fundraiser at a Franklin home had been previously announced. State Rep. Tony Shipley, R-Kingsport, co-chairman of the Gingrich campaign in Tennessee, says the candidate will spend a good part of the day in Tennessee with more details on events to follow.
Photo ID Mailing Cost $42,000 in Postage
Tennessee Secretary of State Tré Hargett's office spent more than $42,000 this month to send letters cautioning 118,268 older Tennessee voters that they must have government-issued photo identification to vote in the March 6 primary, according to Andy Sher.
"Dear Voter," Hargett says in letters mailed out as early voting in presidential primaries began Feb. 15. "The Tennessee General Assembly has adopted a new law regarding identification needed to vote beginning with the 2012 election cycle.
"When you vote in person, either during early voting or on Election Day, you must present identification which contains your name and photo," wrote Hargett, a Republican who backed the law. "To be valid, this photo ID must have been issued by a state or federal government."
The letters were mailed to voters 60 and over who under another Tennessee law have not been required to have photos on their driver licenses.
In an email response to questions posed by the Chattanooga Times Free Press, Hargett spokesman Blake Fontenay said postage for the letters cost the Secretary of State's office $42,480.09.
"We don't have the production cost yet because we haven't yet received a bill," Fontenay said.
When the Republican-backed bill passed the legislature last year, it wasn't supposed to cost taxpayers much of anything, according to a fiscal note prepared by legislative analysts.
"The secretary of state will not require additional resources to implement the photographic identification requirement," the memo said.
Administration Offers 'Compromise' on Incentive Grant Secrecy Bill
A newly unveiled amendment to a controversial bill that keeps permanently secret the names of business owners getting taxpayer cash and other incentives still allows the state to keep the owners' names secret, reports Richard Locker.
The bill, sought by Gov. Bill Haslam's Economic Commissioner Bill Hagerty, is set for floor votes in both the House and Senate this morning. After the secrecy bill ran into stiff opposition from both Democrats and Republicans, Hagerty's Department of Economic and Community Development drafted a "compromise" amendment released late Wednesday.
The amendment, which would replace the original bill, allows public release of the name of the company or business receiving the taxpayer money, as well as the amount received and the number of jobs to be created and the location.
But it does not allow release of the names of the owners, state Sen. Roy Herron, D-Dresden, said Wednesday night.
"ECD's amendment does not require disclosure of ownership. This secret secrecy amendment implicitly does what the original bill did explicitly. It makes ownership of these companies secret," Herron said.
In a Senate floor debate last week, Herron charged that allowing the state to keep secret the names of privately held businesses that receive state cash grants and various other incentives to locate or expand in Tennessee would deny taxpayers the right to know who's getting their money and could lead to corruption.
'Top-to-Bottom Review Is Done & Available Online
Gov. Bill Haslam's "top-to-bottom" review of state government is complete, he announced in an open letter Wednesday. The results are available online HERE.
And here's the letter:
Over the past year, each commissioner of state government's 22 departments conducted a top to bottom review to thoroughly analyze operational and organizational efficiency. I tasked each of them to examine his/her department as if starting from scratch by challenging the current structure and functions and by asking: "Is this department focused appropriately to accomplish its core mission?"
State government's role is to provide services that taxpayers can't get on their own. I believe the governor's job is to make sure we're providing those services in the most customer-friendly way and at the lowest cost to you, the taxpayer.
Uncertainty out of Washington, fiscal constraints, and higher demands require us to transform the way we do government in Tennessee, and Tennesseans expect us to do more with less.
Through this comprehensive review, our departments are taking an important step toward meeting that goal by establishing a culture of customer service, efficiency and effectiveness.
The ideas and recommendations contained in this report reflect extensive efforts by hard-working state employees throughout the Executive Branch. Departments solicited input from thousands of stakeholders both inside and outside of state government and worked through an array of issues ranging from reducing the number of printers in state offices to organizational shifts of entire divisions.
We believe this process will result in meaningful change to the benefit of Tennessee taxpayers. While this Top to Bottom Review process is complete, this administration will continue on an ongoing basis to evaluate and improve efficiency and effectiveness in the way we deliver services.
Bill Haslam
Former TN Congressman Backs Santorum
News release from David Davis, former 1st District Congressman:
Johnson City, Tennessee - Former Congressman David Davis announced today that he is endorsing Rick Santorum for President. Davis stated, "Rick Santorum is a true conservative who has a proven record of protecting both our economic and social values."
Santorum supports many of the same issues that Davis championed while in Washington. For instance, Santorum believes in a strong economy, low family and business taxes to increase American jobs, constitutionally protected second amendment rights, decreased dependence on foreign oil and increased usage of American energy, and the sanctity of every human life.
Davis further stated, "As a former Member of both the Tennessee State Legislature and the United States Congress, I know firsthand the importance of servant leadership. Therefore, I am very proud to endorse Rick Santorum because of his proven leadership abilities and because of his bold, conservative vision for the future."
Note: U.S. Rep. Phil Roe, who defeated Davis in a Republican primary, is backing Mitt Romney.
Beer Self-Checkout Ban Checks Out of Subcommittee
A bill to prohibit sale of beer through self-checkout lines at supermarkets was approved by a subcommittee Wednesday over the objections from store lobbyists who said it is unnecessary.
The sponsor of HB3568, Republican Rep. Bill Sanderson of Kenton, said teenagers were using a tactic called "swipe and swap" to buy beer through self-checkouts and, as pointed out by his 15-year-old son, this has been publicized on television shows. Basically, the youngster brings a six-pack of soft drinks and a six-pack of beer to the checkout, swipes the soft drinks, then bags the beer and leaves.
Dan Haskell, lobbyist for the Tennessee Grocers and Convenience Store Association, and Jarron Springer, both said there is no indication of such practices afoot in Tennessee and all checkouts are monitored by employees. The identification of anyone with beer is routinely checked, they said.
Rep. Ryan Haynes, R-Knoxville, asked the two sides to "sit down together and try to work this out" with a compromise before the bill comes up in the full State and Local Government Committee.
Legislator Term Limits Proposal Dies in House Sub
Rep. Art Swann's push for term limits on state representatives was effectively killed by the same subcommittee Wednesday. On motion of House Democratic Caucus Chairman Mike Turner, the panel voted to assign the bill to a "summer study."
Swann, R-Maryville, has proposed term limits as an amendment to the state constitution with an eye toward having it on the statewide ballot in 2014. Because of the rules for adopting constitutional amendments, the subcommittee action effectively assures it cannot be put to a vote any earlier now than in 2018.
"It's hard to get people to make a decision to work themselves out of a job," said Swann afterwards.
Swann said he had been optimistic about advancing the measure in the 107th General Assembly, which concludes this year, but some colleagues who had indicated they would support HJR625 had changed their minds.
Worker Benefits Ban Won't Apply to Only City With Worker Benefits Law
The bill banning local governments from setting employee benefits for city contractors was amended a House subcommittee Wednesday to exempt Memphis - the only city in the state that now has a such a requirement (in the form of a minimum wage).
Sponsor Rep. Glen Casada, R-College Grove, went along with the amendment proposed by Rep. Curry Todd, R-Collierville.
But other legislators -- Rep. Kent Williams and House Majority Leader Gerald McCormick -- pointed out that a Memphis exemption seemed contrary to Casada's declaration is needed so businesses "have a uniform set of rules across the state" instead of "a hodgepodge of different rules."
A final vote in the House State and Local Government Subcommittee was postponed for a week after the amendment was adopted.
'Big Four' Mayors Lobby Governor, Legislators for Local Control
Knoxville Mayor Madeline Rogero and mayors of the state's three other largest cities talked to Gov. Bill Haslam and legislative leaders Wednesday with a consensus concern about a trend toward the state taking power from local government.
"That's our No. 1 priority," said Rogero of the joint visits of the "big four" mayors with Haslam, House Speaker Beth Harwell, Senate Speaker Ron Ramsey and others during the day.
"At the state level we don't like the feds telling us what to do," she said, and local governments feel the same about state officials dictating to them.
The other mayors were Karl Dean of Nashville, A C Wharton of Memphis and Ron Littlefield of Chattanooga.
"It was the first time all four of us have been together," she said. "So it was great to get together and talk and to be in sync with each other on the issues that impact the big cities."
Rogero cited some examples of pending legislation that could have a negative impact on local governments. One is HB3386, which would prohibit local governments from requiring city contractors to provide a specified level of benefits to employees.
Memphis, for example, now requires city contractors to pay more than the federal; minimum wage. Knoxville does not and Rogero said there are no plans to do so.
"Whether we do it now or not is not the issue," she said. "It's another of those bills that preempt local authority. We would like to have more autonomy on the local level and have the state let us make the decisions on what's best for us."
Another bill Rogero criticized was HB2989 is sponsored by Rep. Ryan Haynes, R-Knoxville. The measure would allow a landowner who has legal rights to use property for purposes outside zoning laws to extend that "non-conforming use" to adjoining properties that the company or individual owns.
The mayor said that passage could jeopardize zoning regulations needed in city redevelopments such as South Waterfront, Cumberland Avenue and Downtown North.
Haynes said he is willing to work with city officials on revisions to be bill, including a change to assure that a property owner cannot buy adjoining property and then have a "non-conforming use."
On Operations of Tennessee's Fusion Center
By Kristin Hall, Associated Press
NASHVILLE, Tenn. -- Since opening five years ago, the Tennessee Fusion Center has become the state's centralized database for criminal information and records that aids analysts in discerning patterns in criminal activity throughout the state.
Fusion centers like the one in Tennessee were created after 9/11 to address gaps in communication about potential criminal and terrorist activity between law enforcement agencies on the local, state and national level.
Agents who oversee the center say the information they gather is leading to the prosecution of criminal gangs, the recovery of abducted and missing children and increased awareness of human trafficking in Tennessee.
Continue reading "On Operations of Tennessee's Fusion Center"
TennCare Hotline Gets 2,500 Calls From Would-be Enrolles
NASHVILLE, Tenn. (AP) -- The Tennessee Department of Human Services reports receiving 2,500 calls Tuesday to a special hotline.
The phone line was to request an application to participate in the "standard spend down waiver" for TennCare. The waiver is targeted to individuals who have very low incomes or very high medical bills. It is aimed at a specific group of adults: aged, blind, disabled or the relative caretaker of a Medicaid-eligible child. "Spend down" refers to the threshold to qualify.
The 2,500 callers will now be screened.
The hotline has since been closed.
Haslam Negotiating Compromise on 'Guns in Parking Lots'
By Eric Schelzig, Associated Press
NASHVILLE, Tenn. -- Republican Gov. Bill Haslam said Wednesday that he expects lawmakers to pass a bill this year to force businesses to allow workers to store firearms in vehicles parked on company lots, though he doesn't expect the measure to be as broad as originally introduced.
Haslam said he's trying to work out a compromise between gun rights supporters and business groups.
"A lot of government is like that, it's about getting the balance right," he told reporters after a speech to the Tennessee Hospitality Association. "This is one of those cases where you have property interests versus gun rights interests -- both of which people in my party take very, very seriously."
Haslam didn't say what change he would make to the current version of a bill supported by the National Rifle Association that would apply to both private businesses and public institutions.
The measure would also cover any firearm owner, not just those with state-issued handgun carry permits.
Continue reading "Haslam Negotiating Compromise on 'Guns in Parking Lots'"
Comptroller Declares Civil Service System 'Fundamentally Flawed'
In a remarkable coincidence, the state comptroller's office has issued a report criticizing the state's civil service system while Gov. Bill Haslam has pending legislation to repeal the system. (Must be a coincidence since the governor's bill isn't mentioned in the news release and the comptroller's office is independent from the governor's office.)
Here's the news release:
Tennessee's civil service system is inefficient, unfair and outdated, a report by the Comptroller's Division of State Audit suggests.
The system, developed in 1939, centralizes the process for people who wish to apply for civil service jobs within the state's Department of Human Resources. The department maintains lists, or registers, of potential candidates for job openings.
This system is fundamentally flawed. For example, the human resources department ranks the potential candidates and recommends them to whichever state departments or agencies have job openings. This is inefficient because in many cases the top-ranked candidates are not interested in or may not actually be qualified for the open positions. The ranking process itself lacks transparency, so neither other departments and agencies nor candidates know exactly how the process is conducted.
Also, the registers are often top heavy with current state employees to the exclusion of people who wish to enter state service. And job openings are not always posted if human resources officials believe they have suitable pools of applicants for those positions.
The system also allows employees with more seniority to "bump" less senior employees out of jobs, which can set off chain reactions that displace numerous employees.
The Comptroller's report, which was released today, recommends that the current system be replaced with a decentralized system that would give departments and agencies the ability to screen and hire applicants directly.
"The civil service system was designed to meet the needs of Tennessee coming out of the Great Depression. It met the needs of the first half of the twentieth century, but a lot has changed and our system needs to change to meet the needs of the twenty-first century," Comptroller Justin P. Wilson said. "About 34,500 employees have civil service jobs with the State of Tennessee. The system used to hire them needs to be as efficient, fair and transparent as possible."
To view the report online, go to http://www.comptroller1.state.tn.us/repository/SA/sr04056.pdf.
Compromise on Court of the Judiciary
Lawmakers are coalescing around a compromise amendment that would eliminate Tennessee's judicial disciplinary panel -- the Court of the Judiciary -- and replace it with a new "board of judicial conduct" to investigate ethical complaints against judges and determine discipline.
More from The Tennessean story:
The proposal would continue to allow judges to be punished privately in some circumstances, but it would lower the bar for when the investigation of a judge is appropriate. The proposal also would remove all appointment power from the Tennessee Supreme Court, which currently picks 10 of the Court of the Judiciary's 16 members.
Lawmakers and disgruntled litigants have grown dissatisfied with the Court of the Judiciary in recent years, saying that it dismisses too many complaints without investigating them, keeps too much of its work private and includes too many members who are judges. Sen. Mae Beavers, R-Mt. Juliet, largely has led the charge and proposed a drastic overhaul of the Court of the Judiciary last year.
Beavers' proposal would have reduced the commission's size to 12 members appointed by the speakers of the state House and Senate, and only five would have been judges. State judges balked, and were successful in getting the measure stalled.
(The) competing proposal, sponsored by Sen. Mike Faulk, R-Church Hill, .. was developed in cooperation with state judges and has attracted far more sponsors, including Lt. Gov Ron Ramsey, the Republican speaker of the state Senate.
Faulk's bill would have kept the composition of the court -- 10 judges, three lawyers and three laypeople -- the same but transferred appointment of the judges from the state Supreme Court to the statewide judicial conferences for state and local judges. It also would have lowered the threshold for when a judge should be investigated from when there is a "substantial probability" that an ethical violation has occurred to "probable cause."
A compromise amendment to Faulk's bill, drafted Friday, includes elements from both proposals and draws largely on an amendment to Beavers' bill that already had been presented by Rep. Jim Coley, R-Bartlett. Both Faulk and House Sponsor Vance Dennis, R-Savannah, said they expect the legislation to clear the House and Senate judiciary committees next week. Court of Criminal Appeals Judge Jeff Bivins, said the state's judges agree to the terms of the amendment.
There would still be 10 judges on the 16-member board, but the compromise would allow those judges to be "current or former" at the insistence of Beavers, who has said she is uncomfortable with sitting judges "judging judges." Four current or former lower court judges would be appointed by the judicial conferences, while two current or former appellate judges would be selected by the House and Senate speakers from a list of six candidates submitted by the Tennessee Judicial Conference.
"That decision was made in large part because, since the Supreme Court does ultimately review disciplinary action taken by the Court of the Judiciary, everyone, including the Supreme Court, felt that they shouldn't be appointing its members," Bivins said.
A New Running Up of 'Prayer at the Flagpole'
A Cheatham County lawmaker says he has reworked his "prayer at the flagpole" bill to meet school board regulations, WPLN's Joe White reports.
The new version closely follows a law passed in Florida. State Representative Phillip Johnson of Cheatham County threw away his original bill to allow teachers to gather at the flagpole for religious services.
The new version limits participation of school employees to events taking place before or after official school hours.
"Teachers, coaches, personnel - before the school day starts, if they want to meet and participate, they should be able to."
The issue arose from an agreement reached by the Cheatham County school system and the American Civil Liberties Union, barring coaches and teachers from attending religious gatherings held on school property.
Under the new wording, the meeting must be a student-initiated event. The bill is one step away from a floor vote by the full House of Representatives. The Senate version is not so far along, but is scheduled in the Senate Education Committee Wednesday.
Committee Rejects Campfield Bill to Restrict Newspaper Delivery
The Senate Commerce Committee on Tuesday rejected a bill by Sen. Stacey Campfield, R-Knoxville, that would have prohibited delivery of free newspapers to people who don't want them.
Only two senators voted for the bill (SB2670) while seven voted against it.
Campfield told the committee that throwaway newspapers create unnecessary litter and are "a crime hazard" because an accumulation of papers in a yard can tip off burglars that homeowner is away on vacation.
Frank Gibson, public policy director of the Tennessee Press Association, told the committee there are questions about the constitutionality of the bill, though Campfield contended changes made from the original version make the measure valid.
Gibson also said the measure would put a "new burden on newspapers" as they would go to "extra lengths to avoid even an inadvertent violation." The measure would basically double the cost of newspaper distribution, Gibson said, and could mean the end of some free publications.
Some committee members also questioned Campfield's proposal, including Sen. Mae Beavers, R-Mount Juliet, who said free newspapers are a major source of information in her district. She mentioned the Mount Juliet News in her hometown.
"Is that the one you in an investor in?" asked Campfield.
"I'm not an investor in any newspaper," replied Beavers.
Beavers has filed a lawsuit, recently receiving media attention, in which she seeks repayment of $50,000 that the senator characterizes as a loan to the publisher of the Macon County Chronicle. The publisher, in responding to the lawsuit, has characterized the $50,000 as an investment in the newspaper and, as such, not subject to the repayment demand since the money was at risk.
Campfield said later that his question to Beavers, who chairs the Senate Judiciary Committee, was inappropriate and that he had apologized to her.
Knox Commission Rejects Campfield Censure Proposal
Officials on Tuesday night voted down Knox County Commissioner Sam McKenzie's plan to ask state senators to censure colleague Stacey Campfield over recent controversial remarks the Knoxville Republican made about gays and the origin of the AIDS epidemic, reports Mike Donila.
The resolution would have directed commission Chairman Mike Hammond to ask state Sen. Becky Duncan Massey, R-Knoxville, to initiate proceedings against Campfield. Only McKenzie and Commissioners Amy Broyles and Tony Norman supported it during Tuesday's work session. The other eight commissioners declined to sign off on it.
McKenzie said Campfield's "false comments" attracted nationwide attention from a number of media outlets, including The Today Show and The View, and the "negative perception affects us -- this affects our bottom line."
Campfield made national news in late January after he blamed the AIDS virus on "a guy screwing a monkey" and called the disease "virtually impossible" to contract via heterosexual intercourse. He made the comments during a radio interview on Sirius XM's gay-lesbian channel OutQ.
A few days later, Martha Boggs, owner of the Bistro at the Bijou, refused to serve him at her downtown restaurant in disgust. Prior to the radio interview, the senator made national headlines as sponsor of the so-called "Don't Say Gay" bill. Campfield calls the bill "Don't Teach Gay."
Campfield said the censure proposal "was ludicrous from the beginning" and he was not surprise at the rejection of what he considered a "partisan game."
He also characterized McKenzie as "somebody looking for a free meal at the Bistro."
Haslam Defends End to Veteran Preferences in State Hiring
Both Republican and Democratic legislators protested Tuesday a proposal by Gov. Bill Haslam that would eliminate the preference now given to military veterans in state government hiring.
Under current law, hiring for state job positions is based in part on a point system and veterans, as well as spouses of deceased and disabled veterans, are given extra points to increase the prospects. One provision in Haslam's bill that repeals much of the current state civil-service law system for hiring and firing state employees (HB2384) eliminates the point system and any preference for veterans or their spouses.
The only special treatment for veterans is a guarantee that they will be interviewed when they apply.
In a meeting of the House State and Local Government Committee Tuesday, House Democratic Chairman Mike Turner of Nashville first pointed out the provision and said "it gives me a little heartburn." Rep. Jim Cobb, R-Spring City, said the provision is "almost an insult" to veterans.
Haslam, asked about the legislator objections later in the day, said the guaranteed interview is the "maximum preference" that can be given anyone under the new system his legislation creates and he believes that adequate.
"They will always be guaranteed a right to an interview," he said.
Similar comments were offered in the committee hearing by supporters of the bill, prompting Cobb to declare, "As a veteran, I see it differently." The chance to be interviewed is no real preference at all, he said.
Santorum Sets Up Shop in Tennessee
Leading in a number of national polls, Rick Santorum is moving quickly to put in place a formal campaign operation in Tennessee as the state prepares to take its turn in the fight for the GOP presidential nomination, reports Michael Collins.
In just the past couple of weeks, the former U.S. senator from Pennsylvania has opened campaign offices in Knoxville and Johnson City and has tapped Knoxville native Jon Parker as his state field director.
Last weekend, volunteers manning a phone bank in Johnson City called thousands of voters across the state to firm up support for the candidate and spread his message of conservatism and family values. Supporters also are planning door-to-door campaigns in several parts of the state this weekend.
Santorum himself will return to the state Saturday when he headlines a tea party event in Chattanooga.
"We're hard at work," said Parker, who is coordinating the grassroots, volunteer network already working on Santorum's behalf. "I would imagine you will start seeing an awful lot of signs going up out there very shortly as you drive around."
Legislators Protest Stripping Veterans of State Hiring Preference (as Haslam proposes)
News release from House Democratic Caucus:
NASHVILLE (February 21) - Governor Bill Haslam's plan to change the personnel policies of Tennessee state employees would eliminate preference given to military veterans and spouses of deceased and disabled veterans.
Haslam's "TEAM Act," sponsored by House Majority Leader Gerald McCormick (R- Chattanooga) and Senate Majority Leader Mark Norris (R-Colllierville) eliminates the Civil Service Commission. Under present law, applicants to state jobs are scored based on a variety of measures and preference is given to veterans and spouses of veterans who are applying for jobs in Tennessee.
"We have always given our veterans and their spouses' preference in finding jobs in Tennessee," House Democratic Chairman Mike Turner said. "These men and women have fought for our freedoms overseas, and we need to do everything that we can to take care of them when they return home."
During Tuesday's State and Local Government Committee meeting, Turner was joined by Republican members who also spoke out against eliminating the preference given to veterans. Haslam's proposal would guarantee veterans receive an interview, but no preference would be given to them in the hiring process. House Government Operations Chairman Jim Cobb (R- Spring City) said during the committee that to him, giving veterans an interview, but no preference in hiring, is "almost an insult to a veteran."
Haslam's new proposal does nothing to help spouses of deceased and disabled veterans find a job. Presently, spouses are also given preference in finding employment in Tennessee.
"Now, more than ever, we need to be helping our military and their spouses find jobs. They have put their lives on the line for all of us in Tennessee. The governor's proposal to eliminate preference given to our military and their spouses does not treat our veterans with the respect they deserve," Turner said.
State Refinances Bonds; Saves $34 Million in Interest
News release from comptroller's office:
The State of Tennessee refinanced $456 million in general obligation bonds last week that will save taxpayers more than $34 million in interest costs. Refinancing the bonds in this fiscal year created $34,031,900 of present value savings that will be realized over the life of the bonds, which mature annually through fiscal year 2028. The state also refinanced debt last fall that will produce $3,287,600 in present value savings over time. The actual amount of savings is higher overall in comparison to the amount of present value savings.
"Just as it sometimes makes sense for homeowners to refinance their mortgages when interest rates are low, we look for opportunities to refinance portions of the state's debt when market conditions are advantageous," Comptroller Justin P. Wilson said. "I am very pleased that we were able to refinance these bonds and create a significant savings for our taxpayers. This is one example of how Tennessee government is efficiently managing its finances on behalf of its citizens."
Proposed "Don't Say Gay" Rewrite Gets All Schools Involved
NASHVILLE - A proposed rewrite of so-called "don't say gay" legislation calls for local school systems to make decisions on discussion of homosexuality in classrooms under guidelines set forth in the revised legislation.
The guidelines would allow teachers to "answer in good faith" questions on the subject posed to an instructor by a student or students. They also authorize school guidance counselors, nurses and others to deal with students "whose circumstances present issues involving human sexuality."
The bill (SB49) was scheduled for debate Wednesday in the House Education Committee, but was postponed until next week after Rep. Bill Dunn, R-Knoxville, announced that he had produced an amendment to rewrite the bill.
The Associated Press reports that the start of the committee meeting was delayed 15 minutes while Republicans huddled in Speaker Beth Harwell's office with an unidentified member of the Haslam administration to discuss the governor's concerns with the bill.
As approved by the Senate last year, the measure declares that "any instruction or materials made available or provided at or to a public elementary or middle school shall be limited exclusively to natural human reproduction science." The provision, which supporters say would apply to discussions of homosexuality, would apply in grades kindergarten through eight.
As rewritten by the proposed amendment, the bill requires all school systems to adopt "policies and procedures" to assure that discussions of sexuality "are age appropriate for the intended student audiences." The policies and procedures are to be in place by January, 2013.
Discussions "inconsistent with natural human reproduction" are deemed "inappropriate" in grades k-8 under the proposal. But the amendment goes on to state that local education agencies cannot prohibit:
-"Any instructor from answering in good faith any question or series of questions, germane and material to the course, asked of the instructor and initiated by a student or students enrolled in the course."
-"Any school counselor, nurse or other authorized employee of the LEA (local education agency) from counseling a student who is engaging in, or who may be at risk of engaging in, behavior injurious to the physical or mental health and well-being of the student or another person."
-"Any school counselor, nurse or other authorized employee of the LEA from appropriately responding to a student whose circumstances present issues involving human sexuality."
Dunn, who last week argued that would not have many of the impacts that opponents claim, said the amendment "just spells out what I said" and incorporates it into the proposed law.
"People are saying that people can't talk," he said. "This says, yes, they can," under specified circumstances.
House Minority Leader Craig Fitzhugh, D-Ripley, also announced at Wednesday committee meeting that he has prepared an amendment to the bill that would specifically declare provisions of the measure would have no impact on an "anti-bullying" law enacted in the last legislative session.
Tennessee Tech Privatizes Custodial Services
Custodial services at Tennessee Tech will be provided by Service Solutions Corp. beginning May 1, 2012, reports the Cookeville Herald-Citizen..
The university signed a contract with the company on Feb. 10 that will allow it to take over the services at the beginning of May.
The move is expected to save the university approximately $1 million in direct costs annually.
However, custodial staff and campus community members have spent the last year speaking out against the move to contract out campus custodial services.
"What does this decision say about the lives and livelihoods of our friends and the integrity and security of our university? Some of us still want Tech to remain a family," Tech faculty member Andrew Smith said.
The custodians have been petitioning, writing letters, and holding public displays in opposition to the decision, most recently holding a public prayer vigil on campus in light of the university's decision to move forward.
....Every current custodial employee will receive a $3,200 severance payment and a payment based on their years of service. They will also receive payment for leave and compensatory time and have the option to take $6,400 in tuition benefits per year for two years.
All 60 of Tech's current custodial employees are guaranteed six months of employment with Service Solutions at the same rate of pay they were awarded with the university. Fifteen of those 60 employees will have 15 or more years of service with the university, allowing them the opportunity to remain employees of the university if they so chose.
School Counselors Don't Like "Don't Say Gay"
School counselors don't like the so-called "Don't Say Gay" bill, reports the Tennessean.
Counselors wonder if the bill, for example, would ban:
Posting suicide prevention posters that reference sexual orientation.
Gay teachers from displaying or discussing photos of their partners.
Discussions of sexuality with parents who ask about their children.
Thoughtful exploration of episodes in which students are targeted with homosexual epithets.
There's also a Tennessean editorial against the bill in Monday's paper.
...The bill also could affect training that dozens of Metro school staffers have taken part in since the start of the school year. Just Monday, about 100 staffers sat through training about sexual orientation and gender identity.
The session, part of a new training program the district put in place for counselors and social workers, was hosted by the Gay, Lesbian and Straight Education Network. Adults were asked questions about their own knowledge and feelings about sexual orientation and were given recommendations for how to answer student questions. They also were given stickers and posters declaring "safe spaces" in schools.
Much of what they've learned could go by the wayside if the legislation passes, said Bagwell and GLSEN spokesman Brad Palmertree.
"I think we would be limited in our resources," Bagwell said. "We would have to think differently about how we support those students."
GLSEN provided a copy of its 48-page "Safe Space Kit," which recommends that school staffers "ask questions that demonstrate understanding, acceptance and compassion" when a student discloses sexual orientation to them.
Rally Seeks for More incentives to Movie Makers
The Association for the Future of Film & Television, a Nashville-based lobbying arm for the state film industry, has planned a rally at the state capitol to support pending legislation that would give bigger tax breaks to those who film in Tennessee, reports the Commercial Appeal.
The AFFT organized today's Nashville rally to generate publicity and support for the state Entertainment Industry Investment Act, an incentives bill that would strengthen the state's ability to compete for film projects.
Sponsored by a pair of Shelby County legislators, Sen. Mark Norris, R-Collierville, and Rep. Steve McManus, R-Cordova, the bill would bolster Tennessee's lights-camera-action allure by offering studios tax credits rather than rebates for production expenses in Tennessee.
"This is about creating jobs in Tennessee, not just for actors and films crews but carpenters, drivers, the hotel industry, the stores," said Falk, who will tote made-in-Memphis signs to the rally with such slogans as "HUSTLE! Stop the FLOW of Films to Georgia!!" and "We're Walking the Line for Tennessee Movies."
The slogans allude to "Hustle & Flow" and "Walk the Line," two films shot in Memphis before the exodus represented by "The Blind Side," the cable TV series "Memphis Beat" and Craig Brewer's "Footloose" remake, all initially set in the Volunteer State but shot in Georgia and Louisiana.
Note: The bill is HB555/SB354, introduced more than a year ago and not yet scheduled for a vote in a committee of either chamber. The Senate version was put in 'general sub' last year. The fiscal note estimates that passage would mean a loss of $35 million in state revenue next fiscal year and $25 million a year thereafter.
Mitt Romney Can Find a Water Ski
From Georgiana Vines' report on a Mitt Romney rally in Knoxville Monday evening:
Tennessee Commissioner of Economic and Community Development Bill Hagerty, a key Romney adviser, acknowledged other candidates are vying for the Republican nomination but "it is important to put in the best person to stand up to Barack Obama."
Hagerty said he and Romney had both started their careers at the same firm and that he has known the candidate for more than half his life.
He told a story about Romney being in a meeting when he determined his son, Tagg, had lost a water ski, over which he was moping. Romney left the meeting and went out in a boat for about 1½ hours until the ski was found, he said.
"He taught the value of perseverance," he said.
Hagerty was asked what Romney's chances are in the Feb. 28 Michigan primary and he described it as "tough." Conservatives have embraced Rick Santorum, a former Pennsylvania senator, and the United Auto Workers are energized against Romney, he said.
"The polls are too close to call," he said. He said Romney is expected to carry Arizona on the same day.
...Former Knoxville Mayor and U.S. Ambassador Victor Ashe and U.S. Rep. Phil Roe, R-Johnson City, also urged the crowd to get out and work hard for Romney. Ashe, who initially supported former Utah Gov. Jon Huntsman, who has now dropped out of the presidential race, said the Tennessee primary is a "real contest."
"Make it a contest for the right person," Ashe said.
Roe, a physician before being elected to Congress and an opponent of the federal health-care plan that passed, said he's talked with Romney and he would sign a repeal of the plan. Romney would bring a "first-class" team to the White House, he said.
Evangelical Pastors Oppose Obama in Birth Control Coverage
NASHVILLE, Tenn. (AP) -- A group of evangelical pastors on Monday joined Roman Catholic clergy who oppose an Obama administration requirement that employees of religiously affiliated businesses receive birth control coverage.
Speaking at the National Religious Broadcasters convention in Nashville, Family Research Council President Tony Perkins said more than 2,500 pastors and evangelical leaders have signed a letter to President Obama asking him to reverse the mandate.
While most Protestants do not oppose contraception per se, the letter calls the mandate a violation of religious freedoms.
"This is not a Catholic issue," Perkins said. "We will not tolerate any denomination having their religious freedom impinged upon by the government."
The signers also object to a requirement that contraceptive coverage include the morning-after pill and other drugs and devices that prevent a fertilized egg from implanting in the uterus to grow.
The mandate does not apply to houses of worship, only religiously affiliated institutions like universities, hospitals and nonprofits.
After an uproar about the birth control rules earlier this year, Obama offered a compromise two weeks ago in which insurers, rather than religious groups, would pay for the contraceptive coverage.
Richard Land, president of the Southern Baptist Convention's Ethics and Religious Liberty Commission, promised to challenge the mandate both in court and in Congress.
"We are not going to stand by and allow our God-given rights, protected by the Constitution, to be atrophied, neutered, confined and restricted," he said.
Ad Promotes Passage of Bill to Block 'Mountaintop Removal'
News release from Tennessee Conservation Voters:
Nashville, TN - Tennessee Conservation Voters (TCV), a non-partisan conservation organization committed to voter education, advocacy and holding elected officials accountable for safeguarding Tennessee's environment, announced today the launch of a statewide television ad campaign focused on the destructive practice of mountaintop removal coal mining.
The ad supports a broad-based effort to pass the Tennessee Scenic Vistas Protection Act, a bill that would only ban the process of mountaintop removal mining on peaks above 2000 feet in Tennessee.
The 30-second ad opens by describing the connection Tennesseans have with the mountains - hunting, fishing, hiking and embracing God's creation. This reflects the broad range of support that exists statewide for the Tennessee Scenic Vistas Protection Act and speaks to the non-partisan nature of the issue. The ad also describes how more than 500 mountains, 2000 miles of streams and tens of thousands of mining jobs have already been destroyed across Appalachia by mountaintop removal mining. The ad closes by asking viewers to support the Tennessee Scenic Vistas Protection Act and encourages them to call Governor Bill Haslam. The ad is designed to be modified to direct contacts to various TN policy makers throughout the campaign.
Continue reading "Ad Promotes Passage of Bill to Block 'Mountaintop Removal'"
TN Political News, Briefly Noted
No Helmet Notions
The Tennessean has a story on the annual crusade for repeal of the state law requiring motorcyclists to wear helmets.
The Motorcyclist Liberty Restoration Act currently before the Tennessee legislature would put an end to the helmet requirement for motorcycle riders 21 and older. Even though no state has repealed a helmet law since Pennsylvania did it in 2003, the rising popularity of libertarian ideas gives the anti-helmet movement a boost. Medical associations in the state are keeping a close watch on the legislation, which will be discussed Tuesday during a noon hearing before the House transportation subcommittee.
Haslam Q&A
Jeff Woods has put together a partial transcript of questions and answers at Gov. Bill Haslam's media availability last week.
'Stupid' Councilman's Political Future
Gail Kerr opines that Metro Councilman Brady Banks "plain stupid" to get arrested in a prostitution sting.... but that doesn't necessarily mean his political career is over.
Just Sayin'
Brandon Puttbrese, quoted in the City Paper, on the Republican presidential nominee's prospects of carrying Tennessee this fall.
"I'm not pretending that Tennessee is going to go for Obama, but I think it's going to be much tougher in 2012 than it was in 2008," Puttbrese said.
ECD Comish Stumps for Romney
Bill Hagerty, Tennessee Commissioner of Economic and Community Development, is scheduled to speak at a regional rally for presidential hopeful Mitt Romney late today, reports Georgiana Vines.
'Funeral Reform' May Not Be a Dead Issue
News release from Tennesseans for Funeral Reform:
(Nashville, TN)----February 20, 2012....The sudden or unexpected death of a loved one....it is one of the toughest times for a family. And many have not prepared by purchasing a pre-paid funeral plan.
One way to encourage that is by offering a discount as an incentive for folks to plan ahead, says Fred Berry, a fourth-generation Knoxville funeral home director and the spokesman for a new group called Tennesseans for Funeral Reform.
"Unfortunately," says Berry, "discounts on pre-paid funerals arrangements are illegal in Tennessee. In fact, Tennessee is the only state in the entire country that prohibits such incentives.
Political Intrigue in Sullivan County?
Up in Sullivan County, Robert Houk sees some political intrigue involved in the firing of the veteran county election commissioner after she "called out" three election commissioners for a possible violation of the state's "sunshine law." Two Republican commissioners and one Democrat jointed in voting to fire Connie Sinks. One Democrat and one Republican voted against the dismissal.
And some area state legislators are mentioned.
The politics of the vote and the possible repercussions are indeed intriguing.
For instance, many are wondering what (if anything) was promised to Graham for his vote. Will his decision to join the two Republicans cost Graham his position on the board? I've heard scuttlebutt that there is a movement by some county Democrats to have him removed from the Election Commission.
Walter Buford, the new chairman of the Washington County Democratic Party, told me last week he would not even speculate on the Election Commission matter until he has all the facts.
"I'd rather not make any comments until I am aware of all the intricacies," he said.
And what about the future of Willis and Ruetz on the board? There's been a struggle inside the Washington County Republican Party in recent years between far-right forces aligned with state Rep. Matthew Hill, R-Jonesborough, and GOPers who are not. The reappointments of Willis, Ruetz and even Chinouth could be affected by which side prevails in this battle.
Meanwhile, state Sen. Rusty Crowe, R-Johnson City, said he had no inkling that Sinks was about to be fired and was surprised to learn of her dismissal. "I heard about it afterward when I got a call from Sue Chinouth," Crowe said.
The senator said he and his legislative colleagues from Washington County (Hill and state Rep. Dale Ford, R-Jonesborough) had not planned to make any changes to their appointments to the Election Commission next year. Still, Crowe said he feels he has a duty to "find out what's really going on" with the Election Commission.
Business, Doctors Want More Limits on Lawsuits Against Them
Unsatisfied with landmark tort reform legislation that Gov. Bill Haslam and Republican lawmakers successfully enacted last year, business, insurance and health-care interests continue to push for laws that will reduce their exposure to civil lawsuits.
So reports The Tennessean:
Proponents of the laws say they will help prevent the filing of junk lawsuits and improve Tennessee's business climate. Opponents say they would improperly shield wrongdoers and close the courthouse doors to all but the very wealthy.
Last year's legislation capped non-economic damages such as pain and sufferring at $750,000 and punitive damages at $500,000, with some exceptions for cases involving "catastrophic" losses or intentional misconduct, records destruction, or conduct under influence of drugs or alcohol. It also restricted claims that can be brought under the Tennessee Consumer Protection Act.
The Tennessee Civil Justice Act of 2011, as it was called, was enacted over the objection of trial lawyers and consumer advocates.
This year, the same coalition of businesspeople that helped sell the governor's tort reform package, Tennesseans for Economic Growth, wants more limitations imposed in civil lawsuits, including a handful of bills targeting the losing side in civil cases and litigants who refuse to settle lawsuits.
One bill would require a party who loses a motion to dismiss to pay the litigation costs of the opposing party.
"Loser pays on motions to dismiss is designed to prevent frivolous lawsuits," said Lee Barfield, a lawyer at Bass, Berry & Sims and lobbyist for the business coalition.
Another bill would require a plaintiff to pay the litigation costs of a defendant if the plaintiff refused a settlement offer from the defendant only to win less than 75 percent of the settlement offer at trial. The law would similarly punish defendants who refuse a settlement offer if the plaintiff wins more than 125 percent of their settlement offer at trial.
....Gary Zelizer, director of governmental affairs at the Tennessee Medical Association, said his organization will continue to push for a bill that would prevent emergency room patients from suing hospitals and doctors for negligence unless they can show "gross negligence." When mistakes occur, Zelizer said it's unfair to hold emergency room physicians to the same standard as doctors who know, and have a history with, a patient.
Hackworth-Ragan Rematch in the Works
Lifted from the News-Sentinel:
A potential rematch may be brewing in Anderson County in a state representative race.
Both incumbent John Ragan, a Republican from Oak Ridge and the man he defeated two years ago, Democrat Jim Hackworth of Clinton, say they intend to run for the 33rd House District seat.
Both men have taken out qualifying petitions, but there may be other candidates for the parties' respective primaries in August, Anderson County Administrator of Elections Mark Stephens said.
The deadline to file is April 5. The general election coincides with the Nov. 6 presidential vote.
The 33rd House District encompasses most of Anderson County. Under redistricting, areas of the county northeast of Interstate 75 have been placed in the 36th House District, which also includes Campbell County and part of Union County. Dennis Powers, R-Jacksboro, now represents that district.
Ragan in his first run for office in 2010 unseated four-term incumbent Hackworth, 8,569 votes to 7,270.
Gubernatorial Flag-Waving Targets Mixed Bag of Bills
Gov. Bill Haslam has begun putting his objections to some legislative proposals in writing and is targeting bills filed by both Republicans and Democrats in the "flags" issued so far, a review of the documents indicates.
Haslam's predecessors as governor have followed the practice of writing "flag letters" for decades, but he issued none during the 2011 legislative session.
"In getting our full legislative team in place and getting our processes together, the letters weren't a priority," said gubernatorial spokesman David Smith in an email after providing a list of flagged bills in response to a reporter's request.
But now, he said, "We write the flag letters as a courtesy to legislators and as another way to inform them of our positions"
The letters go to the sponsors of the bills deemed objectionable with copies to legislative leaders. They fall into two categories, Smith said.
"Fiscal flags" are issued when a bill will require a state expenditure that is not included in the governor's budget. These account for the majority of letters written so far. In the remaining letters, the objection is for "philosophical reasons."
Continue reading "Gubernatorial Flag-Waving Targets Mixed Bag of Bills"
Bill Provides Unemployment Benefits to Military Spouses
By Kristin M. Hall,Associated Press
FORT CAMPBELL, Ky. (AP) -- Military spouses who leave their jobs because of the frequent moves required in the military would be eligible for unemployment benefits under proposed bill in Tennessee that has the support of the governor.
The bill sponsored by state Sen. Tim Barnes and state Rep. Joe Pitts of Clarksville passed the Senate on Thursday after Gov. Bill Haslam included $280,000 for the bill in his 2012-2013 fiscal year budget proposal. The House version has not yet been put to a vote.
With thousands of soldiers based at Fort Campbell, Ky., on the Tennessee line, the two Democratic lawmakers have spent months advocating for the bill and making visits to the installation to hear directly about the needs of military families.
"We realized that Tennessee was one of only 11 states that did not offer those unemployment benefits and being from the Fort Campbell/Clarksville area that was an embarrassment to me," said Barnes this week.
Their efforts paid off when the Republican governor included the necessary funding that had previously been a sticking point.
Continue reading "Bill Provides Unemployment Benefits to Military Spouses"
Critics See 'Wholesale Auction' of Stream Quality Underway
A decade-old, multi-million dollar program for restoring degraded Tennessee streams has come under attack in the state Legislature even as Gov. Bill Haslam's administration moves to give it new legal status.
Critics of the Tennessee Stream Mitigation Program, which is overseen by a non-profit foundation, characterized it as a "wholesale auction" of the state's waterways to developers who can pay a fee for their pollution while leaving devastated downstream landowners in a lurch.
Testimony in a hearing before the House Conservation committee also raised questions about whether the non-profit Tennessee Wildlife Resources Foundation faces appropriate financial accountability under the present setup, which was put in place by a 2002 "memorandum of understanding" between state and federal agencies.
Continue reading "Critics See 'Wholesale Auction' of Stream Quality Underway"
Sunday Column: Haslam Is a Nice Guy, But....
When political people talk about Gov. Bill Haslam, the opening remark will often begin something along the lines of, "He's a nice guy, but ."
The "but" will then be followed by some comment reflecting the individual's perspective on the governor's politics or an issue at hand. For example:
n "But he's not a strong enough conservative."
n "But he's too beholden to his party's right wing."
n "But he doesn't know anything about (fill-in-the-blank with the given issue, situation or person/people under discussion)."
Examples one and two, of course, are matters of opinion and conjecture. The third probably has often been factually correct from the perspective of someone who is knowledgeable about a given issue or situation.
Being a nice guy, Haslam himself has modestly acknowledged he does not know everything and faces a "learning curve." But he is learning and, in that process, it seems that being a nice guy counts for a lot.
Continue reading "Sunday Column: Haslam Is a Nice Guy, But...."
On Turmoil at TDEC
The Haslam administration's firings of two top leaders and proposal to cut dozens of positions at the state's environmental agency have raised questions about whether the goal is efficiency or erosion of its powers, reports Anne Paine.
Environmental advocates say the department already is stretched thin and paring down the staff further could bode poorly for the quality of the state's waterways, air and land. Department of Environment and Conservation Commissioner Bob Martineau has said that the moves are designed to streamline and improve operations, not undermine environmental protection.
Much remains to be seen, including who will make up the department's full management team and what the eventual structure will be. Martineau declined to be interviewed for this report but has said before that regulations must and will be enforced.
The TDEC reworking is coming at a time of ramped-up passions and polarization nationally over regulations as the economy lags, the population grows and advocacy for a clean and healthy environment is strong.
One effect of inadequate rules and enforcement could be the U.S. Environmental Protection Agency taking over day-to-day oversight in some divisions, resulting in hassle for businesses and environmentalists alike.
...Sandra Goss, executive director of Tennessee Citizens for Wilderness Planning, finds it "worrisome" to have heard the Haslam administration's references to making the state friendlier for businesses regulation-wise.
"TDEC staff wasn't large enough to handle the duties they've got when this reorganization took place," she said.
...The staff allotted to inspect and enforce oil and natural gas rules, for instance, is 3.5 people, she said. That's with thousands of active and old wells.
One sensitive area is parks. The TDEC budget Haslam has recommended would abolish eight positions and eliminate 63 vacant posts in Tennessee state parks. An additional 21 positions would be cut next year. More money, however, would go to parks maintenance.
Also, 78 jobs that have been vacant will be scratched elsewhere in TDEC, including in air pollution control, radiological health and solid waste management.
These aren't the first cuts administrations have made. Over the past 10 years, the number of budgeted positions will have dropped almost 13 percent -- from 3,214 to the 2,797 proposed for next year.
Pro-Romney Super PAC Attacks Santorum in First TN Ad Buy
Restore Our Future, the "Super PAC" supporting Mitt Romney's presidential bid, is attacking Rick Santorum in its first Tennessee broadcast advertising buy, totaling about $182,000.
As of Friday, the PAC had filed three notices of Tennessee expenditures listed on the Federal Election Commission website- a $173,109.91 "media buy" plus two for "media production," one costing $7,218.11 and another $1,870.25.
A Youtube posting of a Restore Our Future ad -- listed as running in Tennessee as well as Oklahoma, Mississippi and Alabama -- says Romney "helped create thousands of jobs" and "turned a deficit into a surplus without raising taxes" while Santorum is called "the ultimate Washington insider," voted to raise the debt ceiling five times and "voted for billions in waste, including the bridge to nowhere."
(Link to video HERE)
The FEC notices state only that the ads will oppose Santorum while supporting Romney and were purchased for Tennessee. They do not indicate where in the state the ad is running.
An American Research Group poll earlier this month showed Santorum leading in Tennessee with 34 percent support among those surveyed, followed by Newt Gingrich with 16 percent and Ron Paul with 13 percent.
Restore Our Future has so far spent more than $20 million backing Romney's presidential campaign, according to the Center for Responsive Politics. Most of that, $13.1 million, was for attack ads against Gingrich, formerly considered Romney's most serious challenger. Santorum, who surged in polls more recently, has been attacked by $2.5 million worth of Restore Our Future ads as of Friday, according to the Center.
AP Snapshot of Upcoming GOP Presidential Primaries (Including TN)
Number of delegates in parenthesis
Feb. 28
Arizona primary (29): The winner gets all the delegates, and private polling shows Romney well ahead. Candidates gather in Mesa on Feb. 22 for their first debate in three weeks.
Michigan primary (30): The relative lack of suspense about Arizona heightens the political significance of Michigan, the first of the big industrial states to vote in the Republican race. Romney, who grew up in the state, won it four years ago. Santorum's support in the polls is rising statewide as well as nationally, and he hopes for an upset that can strengthen his chances on Super Tuesday.
March 3:
Washington caucuses (40 delegates): Santorum hoping for a victory. Three delegates go to the winner of each of the state's 10 congressional districts, an invitation for strong competition.
March 6 (Super Tuesday, seven primaries, three caucuses, 419 delegates total)
Alaska caucuses (24): Delegates are awarded in proportion to the statewide vote. Paul may fly there in search of an elusive victory.
Georgia primary (76): Gingrich's home state when he was in Congress, and anything other than a victory would resurrect talk of a campaign exit.
Idaho caucuses (32): A large Mormon population makes this a natural fit for Romney. Santorum campaigned there last Wednesday, Paul on Friday.
Massachusetts primary (38): Romney could win all of the delegates in his home state.
North Dakota caucuses (28): Santorum made three stops in the sparsely settled state in a single day recently, and hopes to add it to his list of earlier caucus victories in Iowa, Minnesota and Colorado. Paul is also hoping for success.
Oklahoma primary (40): Private polling makes this a three-way toss-up among Romney, Santorum and Gingrich, who's targeting it as part of a Southern-based revival strategy.
Ohio primary (63): A big battleground state, although the results of the Michigan primary on Feb. 28 are likely to reset the race instantly. As elsewhere, Restore Our Future, the pro-Romney Super-Pac, got the jump in television advertising.
Tennessee primary (55): One of the states Gingrich hopes will launch a comeback, and polling currently shows a competitive three-way race in a state that allocates delegates in proportion to the popular vote.
Vermont primary (17): The second New England state on the ballot, and the one with the fewest delegates of all the Super Tuesday states. Romney is favored although the delegates could be divided.
Virginia (46) : Romney figures to get all the delegates for little effort, with neither Santorum nor Gingrich on the ballot.
State Reward Offered in Knoxville Slaying
KNOXVILLE, Tenn. (AP) -- Tennessee Gov. Bill Haslam is offering a $10,000 reward for information leading to the arrest of a suspect in the shooting death of a man in east Knoxville.
Haslam announced the reward on Friday evening in the slaying of 40-year-old Robert "Ernie" Reno last November, WVLT-TV reported (http://bit.ly/xEthAP ).
Police said Reno was found dead from several bullet wounds outside a home on Selma Avenue just after midnight on Nov. 11.
Anyone with information should contact the Knoxville Police Department's crime information line at 865-215-7212.
Huffman, School Board Met Behind Closed Doors
CHATTANOOGA (AP) -- Officials with the state Education Department and the Hamilton County School Board are pointing blame at each other for declaring a recent meeting closed to the public.
The Chattanooga Times Free Press reports that public notice of Thursday's meeting between the board and state Education Commissioner Kevin Huffman was issued to the media last week. But when reporters tried to gain access to the meeting, they were denied (http://bit.ly/ygHHU4 ).
Department spokeswoman Kelli Gauthier said local officials had decided to close the meeting because the panel was discussing a competitive grant. But school board chairman Mike Evatt and Superintendent Rick Smith said the meeting was closed at Huffman's request.
Evatt said he saw no need for the panel to meet in executive session.
"It wasn't my call," Smith said. "It was the commissioner's call."
The meeting also included representatives of the local teachers' union, the Public Education Foundation and school administrators.
Kent Flanagan, executive director of the Tennessee Coalition for Open Government, said that the state's Sunshine Law operates on the presumption of openness, and makes only limited allowances for executive sessions.
Flanagan noted that the first line of the state's open meetings act declares that Tennessee's policy is "that the formation of public policy and decisions is public business and shall not be conducted in secret."
The discussion at Thursday's meeting focused on whether the county should apply for the state's School Innovation Zone that would give them more flexibly to operate failing schools, such as offering longer school days.
Huffman said in an earlier speech to the Chattanooga Rotary Club that he hoped the county would apply for the grant worth $30 million to $40 million.
"The idea is that districts would figure out what autonomy and flexibilities they would give to schools in the innovation zone," Huffman said.
Bipartisan Split in TN Delegation Voting on Payroll Tax
Most members of Tennessee's congressional delegation wanted nothing to do with the tax-cut extension Congress passed Friday, arguing it adds too much to the national debt, reports the Tennessean.
But two Tennessee Republicans -- Reps. Stephen Fincher of Frog Jump and Chuck Fleischmann of Ooltewah -- voted for the bill, which extends the 2-percentage-point payroll tax cut through the end of the year. Rep. Steve Cohen, D-Memphis, also voted yes.
"To be clear, this is no time to raise taxes," Fincher said after the vote. "I voted to extend the payroll tax cut and stop a 2 percent tax increase on Americans."
The tax cut will save around $80 a month for people earning $50,000 a year and will save high-income workers a maximum $2,200 for the year
. It also extends benefits for the long-term unemployed and prevents a large cut in Medicare reimbursements to doctors. It pays for that so-called "doc fix" in part by cutting $5 billion from a fund created by the 2010 health-care reform law that aims to prevent certain diseases.
Fincher and Fleischmann said they liked that the bill cuts funding for a provision of the health-care reform law.
..."Congress should be shrinking the deficit, not increasing it," Democratic Rep. Jim Cooper of Nashville said in explaining his vote against the bill.
Republican Sen. Bob Corker said cutting payroll taxes "will do little to help the economy and make it harder to get spending under control," and Republican Rep. Diane Black of Gallatin said the bill is an example of "the worst kind of Washington game."
Republican Rep. Marsha Blackburn of Brentwood said she supports the spirit of tax relief but added that the bill should have been publicly available 72 hours before Friday's vote -- a rule Republicans set last year in an effort to increase transparency.
"The American people are tired of broken promises," Blackburn said
A Niceley Perspective on Occupy Nashville Bill
NASHVILLE, Tenn. (AP) -- A Republican lawmaker who did not vote on legislation intended to stop Occupy Nashville protesters from staying overnight at the Capitol complex says the measure is too broad.
Rep. Frank Niceley of Strawberry Plains was the only Republican who didn't vote for the GOP-backed proposal that passed the House 70-26 on Thursday. The companion bill is scheduled for the Senate floor next week.
Protesters have camped at the plaza since early October. But their numbers have drastically decreased, mainly because of the proposed legislation that would make it a misdemeanor to lay down "bedding for the purpose of sleeping" on state-owned property.
It refers to items associated with camping, "including tents, portable toilets, sleeping bags, tarps, propane heaters, cooking equipment and generators."
Under the legislation, violators would be fined as much as $2,500 and face up to nearly a year in jail. Opponents say the penalty is excessive.
Niceley said the bill goes too far. He said people traveling through Tennessee that are unfamiliar with the legislation, and decide to camp out, "might accidentally get on some public land."
"I didn't want them to be able to come by and harass them or rough them up," he said. "I'd rather limit it to the plaza out here."
Read HB2638 at http://capitol.tn.gov.
Senators Oppose 'Birth Control Mandate'
News release from Senate Republican Caucus:
(NASHVILLE, TN), February 16, 2012 -- State Senator Brian Kelsey (R-Germantown) filed a resolution in the State Senate today urging President Obama and Secretary of Health and Human Services Kathleen Sebelius to reverse the administration's decision requiring all employers to provide birth control as part of their health plans. The birth control mandate is part of the rules implemented as a result of the Patient Protection and Affordable Care Act (PPACA) as spelled out by Sebelius.
Individuals have not been required previously to participate in a health service program or a research activity funded in some part by the United States Department of Health and Human Services if such participation is contrary to their religious beliefs or convictions. The retreat from that position has prompted numerous religious organizations, including Catholic bishops, to announce strong opposition to the interim rule. They have also called for stronger protection of the consciences of religious employers and health plans.
"This action tramples on the liberties of many Tennessee citizens and religious organizations," said Senator Kelsey. "It could also impose significant costs on Tennessee and other states if religiously affiliated hospitals, schools, universities and agencies which provide social services to the poor are no longer able to continue due to this rule."
The bi-partisan measure calls for a copy of the resolution to be sent to the President of the United States, the Secretary of Health and Human Services, and each member of the Tennessee's congressional delegation upon passage.
Senate Resolution 84 is co-sponsored by Senators Dolores Gresham (R-Somerville), Jim Tracy (R-Shelbyville), Mike Bell (R-Cleveland), Jim Summerville (R-Dickson), Mark Norris (R-Collierville), Bill Ketron (R-Murfreesboro), Mae Beavers (R-Mt. Juliet), Rebecca Duncan Massey (R-Knoxville), Steve Southerland (R-Morristown), Ken Yager (R-Harriman), Mike Faulk (R-Church Hill), Jack Johnson (R-Franklin), Doug Henry (D-Nashville), Reginald Tate (D-Memphis), and Speaker Pro Tempore Bo Watson (R-Hixson).
Nashville Councilman, Tea Party Leader Arrested in Prostitution Sting
(Note: Updates, replaces earlier post)
NASHVILLE, Tenn. (AP) -- A Nashville councilman and the founder of a Sumner County tea party group have been charged with patronizing prostitution.
Councilman Brady Banks and Sumner United for Responsible Government co-founder Matthew Moynihan were caught in a sting on Thursday after responding to an Internet advertisement for an escort service, according to a police account reported in The Tennessean (http://tnne.ws/zjh0Tr).
The 33-year-old Banks is the outreach director for Governor's Books from Birth Foundation and a member of Nashville Emerging Leaders.
Charged with Banks and the 38-year-old Moynihan was 37-year-old Jyotin Arora.
Banks and Arora do not have listed phone numbers, and an email to Banks was not immediately answered. A call to the number listed for Moynihan rang unanswered.
A judicial commissioner set each man's bond at $1,000.
GOP Gloating Note
News release from Tennessee Republican Party:
NASHVILLE, TN - The following is a statement from TNGOP Chairman Chris Devaney on the recent wave of Democrat retirements:
"It is no surprise Democrats are running for the hills. They saw what happened to their Democrat colleagues in 2010 and now, with the realization that they have to defend an unpopular president whose Party is out of touch with Tennesseans, they can only cut their losses and go on home.
"The Democrats have no plan, no good candidates and no fresh ideas. The Republican Party is intent on challenging seats across the state and will leave no stone unturned."
County GOP Leader: Stop School Breakfast 'Handouts'
As more Williamson County schools begin to serve breakfast to students, the county's Republican Party chairman, Kevin Kookogey, says it is not the role of the government to feed people, reports The Tennessean.
School officials announced in January the goal to offer breakfast at all schools as a part of the National School Breakfast program, which reimburses the district through the U.S. Department of Agriculture for each meal served.
Whether students qualify for free and reduced prices for the meal or they pay full price, the district essentially receives money back from the government. Kookogey took aim at schools providing students with breakfast via a letter posted on the county Republican Party website.
"I am sure you have heard about this happening in other areas, but ladies and gentlemen, Williamson County, one of the wealthiest counties in the nation by any measure, is now operating under a perverse incentive to increase the number of students taking government hand-outs," Kookogey wrote. "Of course, those handouts are courtesy of you and me, the federal taxpayers."
CCA Wants to Buy a Tennessee Prison
Corrections Corporation of America has expressed interest in buying a state-owned prison southwest of Nashville as part of a strategy it's pitching to most state governments as a partial cure to their budget shortfalls, according to The Tennessean.
The private prison operator has set aside $250 million to embark on the national effort. In informal conversations with state corrections officials in Tennessee in recent weeks, Nashville-based CCA cited South Central Correctional Facility in Clifton, Tenn., as a possible target.
"(State) officials have been intrigued and want to learn more, but that has been the extent of the conversation so far," said Tony Grande, chief development officer with CCA.
Last month, the company sent letters to 48 states informing them of the initiative. In the letter, CCA said it's trying to replicate what it considers a successful deal last year involving the 1,798-bed Lake Erie Correctional Facility in Conneaut, Ohio, which CCA acquired in exchange for a 20-year contract to manage that prison plus other guarantees.
Steve Owen, a CCA spokesman, said the company plans to follow up with other states to make them aware of the company's new program and possible cost savings.
Santorum Schedules Chattanooga Tea Time
Presidential candidate Rick Santorum will visit Chattanooga next week, just 10 days before Tennessee's March 6 "Super Tuesday" primary, reports the Chattanooga TFP.
Santorum will headline the Chattanooga Tea Party's Liberty Forum on Feb. 25 at Abba's House in Hixson. The former U.S. senator from Pennsylvania has surged recently in national and state polls.
Santorum hat-tricked elections in Colorado, Minnesota and Missouri one day last week, and a recent poll shows him beating Mitt Romney in Tennessee by seven percentage points. However, he wasn't the local tea party's first choice.
"I think generally what we've seen is there's no perfect candidate," Chattanooga Tea Party President Mark West said, "but at this point we feel -- well, many of us feel -- that Rick Santorum most closely aligns with our values."
Communications with former House Speaker Newt Gingrich fell through, and officials also approached Rick Perry's staff before the Texas governor quit the race in January, he said.
"None of the others ever came through. ... Santorum was the first to say, 'Yes, we're there,'" West said.
Judge Grants Preliminary Injunction in Planned Parenthood Suit
News release from Planned Parenthood:
MEMPHIS, TN - Planned Parenthood Middle and East Tennessee applauds United States District Judge William Haynes's ruling today to grant a preliminary injunction to halt the Tennessee Department of Health's decision to rescind HIV and syphilis testing and prevention grants awarded to Planned Parenthood affiliates in Tennessee.
"This ruling is a victory for the thousands of women, men and teens of Tennessee who rely on Planned Parenthood for HIV and STD testing and prevention counseling. Planned Parenthood has provided these services in our communities for more than 10 years and is eminently qualified to continue providing them," said Jeff Teague, President and CEO of Planned Parenthood Middle and East Tennessee.
In the suit against the state, Planned Parenthood argues they were excluded from the HIV and syphilis elimination programs for providing comprehensive women's health care--a violation of federal law and the constitutional rights of Planned Parenthood.
In 2011, 17,698 women, men and teens relied on Planned Parenthood's nonprofit health centers in communities throughout Tennessee for a wide range of quality, affordable health care services including annual exams, birth control counseling and care, reproductive cancer screenings, STD prevention and treatment and abortion care. One in five American women has relied on Planned Parenthood at some point in her life. Planned Parenthood has been operating in Tennessee for more than 75 years.
"This decision will allow us to continue our life saving work, providing high quality educational programming with accurate health information and services," said Lyndsey Godwin, PPMET's Manager of Education and Training. "HIV prevention education and counseling empowers people and saves lives."
Over the past five years, the rate of new HIV infections among 15-to-24-year-olds in Tennessee has more than doubled. Tennessee's syphilis infection rate is the fifth highest in the nation, with 60 percent of all new syphilis cases in the state occurring in Shelby County.
"With such dismal health statistics, now is not the time to cut prevention programs that are proven to work," Teague continued.
Georgia Eyeing Tennessee River Water Again
ATLANTA (AP) -- Once again, Georgia lawmakers are debating whether they can solve Atlanta's water problems by diverting water heading to the Tennessee River and shipping it south.
Rep. Jay Neal urged a House subcommittee to support legislation making it legal to capture water in Georgia that is flowing across the state's border into the Tennessee River, collect it in abandoned rock quarries and ship it south through a pipe system to the Atlanta area. A resolution asking for a study of the project passed the House last year but failed in the state Senate.
"We all recognize that conservation alone is not the answer," said Neal, a Republican who represents LaFayette.
Republicans have floated a series of tit-for-tat proposals in so-far longshot attempts to get water from the Tennessee River. House Speaker David Ralston suggested extending rail and road links to Chattanooga in return for water access. Attorney General Sam Olens has spoken publicly about boosting the role of Chattanooga's airport in return for a pipe carrying Tennessee River water to Georgia.
Environmental watchdog groups in Georgia have questioned the cost of the pipeline proposal, saying that the state could get more water at less cost with conservation measures. Some estimates have put the project past $2 billion.
"We're talking about a very expensive project," said Joe Cook, executive director of the Coosa River Basin Initiative.
Georgia has been locked in a decades-long feud with neighboring Alabama and Florida over its use of water from the Chattahoochee River. That river, the main water source for some 3 million people in metro Atlanta, flows along the border of Alabama and Georgia. That water then flows across Florida and empties into the Gulf of Mexico.
The dispute peaked in 2009 when a federal judge ruled that Atlanta had little legal right to take drinking water from Lake Lanier, a reservoir on the Chattahoochee River. The judge threatened to severely restrict metro Atlanta's access to water from the reservoir unless the states reached a negotiated settlement. A federal appeals court later overturned that decision, but it has been appealed to the U.S. Supreme Court.
Throughout the conflict Georgia authorities have toyed with trying to get water from the Tennessee River. For example, in 2008 then-Gov. Sonny Perdue signed a measure authorizing the state's top attorney to sue to correct an 1818 survey that mistakenly placed Georgia's northern border short of the Tennessee River.
None of Georgia's posturing appears to have persuaded Tennessee officials.
Tennessee House Majority Leader Gerald McCormick, R-Chattanooga, dismissed the latest debate from Georgia lawmakers.
"I don't think anything has changed that would make us have any interest in giving our water away to Georgia," he said. "I would encourage them to solve their problems down there by making some investments they probably should have made decades ago."
Haslam's Incentives Secrecy Bill to Be Revised?
The bill sought by Tennessee economic development officials allowing them to keep secret the names of business owners getting taxpayer-funded development grants, tax credits and other aid appears headed back to the drawing board, reports Richard Locker.
The top two legislative leaders (Senate Speaker Ron Ramsey and House Speaker Beth Harwell) both said today that the bill is being retooled because taxpayers have a right to know who is getting state economic incentives, including the owners of privately held companies.
..."Commissioner Hagerty, the governor and the people at ECD (Department of Economic and Community Development) want to make the most informed decisions they possibly can, and businesses are not going to divulge this information when they may not even get the grant if it's not kept out of the public view until the proper time," Ramsey, R-Blountville, said.
"And so what we decided today (is), I want to make it very clear - and I don't think it is real clear ---that should these people - any business or company - get a grant or get 'Fast Track' money or whatever it might be, that the information is divulged at that time. That's the intent but I don't think it's in the bill. We want to make sure that is in the bill. That's how I want the bill to be and that's what we're working on right now."
Ramsey said he specifically means that owners of grant-receiving companies should be public record.
Harwell, R-Nashville, agreed. "We did discuss that. I think that this bill is still a work in progress.... Private companies just don't want all that information divulged and that's understandable. On the other hand, citizens have the right to know how their tax dollars are used and spent and I think we will come up with what will be pleasing to both groups."--
Read SB2207 at http://capitol.tn.gov.
Lamar Says a State Income Tax is Coming (well, maybe)
News release from Sen. Lamar Alexander:
WASHINGTON - In a speech today on the floor of the United States Senate, U.S. Senator Lamar Alexander (R-Tenn.) called on his colleagues to pass the Marketplace Fairness Act, a bill introduced with Senators Mike Enzi (R-Wy.) and Richard Durbin (D-Ill.), and "close a 20-year loophole that distorts the American marketplace by picking winners and losers, by subsidizing some businesses at the expense of other businesses and subsidizing some taxpayers at the expense of other taxpayers."
Alexander said: "In Tennessee, where we don't have a state income tax, we want to avoid one. 'State income tax' are probably the three worst words in our vocabulary, and collecting tax on sales from everybody who owes it could not only reduce our sales tax but help us avoid a state income tax.
Continue reading "Lamar Says a State Income Tax is Coming (well, maybe)"
Human Traffiicking Bill Clears House
News release from House Republican Caucus:
NASHVILLE, Tenn. - The effort to combat human trafficking received a major boost today with passage of an important bill in the Tennessee House of Representatives. If the bill becomes law, victims of human trafficking offenses would have a civil right of action for actual damages, compensatory damages, punitive damages, injunctive relief, any combination of these, or any other appropriate relief.
Representative Jim Coley (R--Bartlett), a strong advocate for the rights of victims, celebrated the passage of House Bill 2489--a personal priority for Coley. The legislation passed with unanimous, bipartisan support.
Bill Implementing Amazon Deal Sails Through House 97-0
News release from House Republican Caucus:
NASHVILLE, Tenn. - In an effort to codify the agreement reached last year between Governor Bill Haslam and officials from Amazon.com Inc., Representative Kevin Brooks (R--Cleveland) and Representative Eric Watson (R--Cleveland) pushed legislation through the House today that will help Tennessee develop and maintain 3,500 jobs in the State.
The bill, House Bill 2370, is a Haslam Administration bill and was made a top priority by House Majority Leader Gerald McCormick (R--Chattanooga). Leader McCormick asked Brooks, who also serves as Assistant Majority Leader, to usher the legislation through the General Assembly.
HB 2370 simply establishes requirements for determining whether certain business affiliates have a physical presence in this State sufficient to establish nexus for sales and use tax purposes. Nexus is a legal term referring to connection or jurisdiction within a State.
In the case of Amazon, this legislation will ensure the online retail giant will pay Tennessee sales taxes if a national online sales tax law is not passed by the federal government by 2014. Under the bill, the new Amazon fulfillment centers located across the State will meet the requirement for establishing nexus in Tennessee.
"Simply put, this is a jobs bill for Tennessee," stated Brooks. "It ensures a partner like Amazon and similar companies will participate in our system and it keeps all businesses on a level playing field. Most importantly, it ensures 3,500 positions are going to be created and remain here in Tennessee. I look forward to working with my colleagues in the Senate to get this to the Governor's desk as soon as possible."
McCormick added, "Representative Brooks has done a fine job getting this important bill through the House. Representative Watson has consistently fought for Amazon jobs. Obviously, it's a priority for Governor Haslam and our Republican Majority. I believe it is vitally important we have consistency across the State and this bill does just that."
More Charges Brought Against Unicoi County Sheriff
News release from Tennessee Bureau of Investigation:
Knoxville, Tenn. - The Tennessee Bureau of Investigation presented additional evidence to the Unicoi County Grand Jury today which resulted in additional charge against Unicoi County Sheriff Kent Harris. His attorney was served with another criminal summons this afternoon.
The Unicoi County grand jury indicted Harris on an additional count of official misconduct for using his county computer in November of 2011 to produce letters intended to solicit funds to pay his attorney fees. In October of 2011, the grand jury indicted Harris on six counts of official misconduct, one count of theft over $1,000, one count of tampering with evidence, one count of criminal simulation and one count of attempted aggravated assault. TBI began the investigation into allegations of misconduct made against Harris in September of 2010 after being requested by the 1st Judicial District Attorney General's Office.
Harris is scheduled to appear in court on March 27, 2012 at 9:00 am for an initial appearance on the new charge. A July 2012 trial date set been set for the theft and criminal simulation charges.
House Votes 70-26 for Bill to Evict Occupy Nashville
By Lucas Johnson, Associated Press
NASHVILLE, Tenn. -- A Republican-backed proposal aimed at stopping Occupy Nashville protesters from staying overnight on the Capitol complex passed the House on Thursday despite opposition from Democrats who say the legislation's penalty is excessive.
The measure sponsored by Republican Rep. Eric Watson of Cleveland was approved 70-26 after a lengthy debate on Thursday. All 26 votes against the bill came from Democrats. Seven voted for it.
The companion bill was to be heard on the Senate floor, but it adjourned before hearing the legislation.
Protesters have camped at the plaza since early October. At one time there were as many as 60 tents, but that number is now less than half, mainly because of the proposed legislation.
The measure would make it a misdemeanor to lay down "bedding for the purpose of sleeping."
It refers to items associated with camping, "including tents, portable toilets, sleeping bags, tarps, propane heaters, cooking equipment and generators."
Under the legislation, violators would be fined as much as $2,500 and face up to nearly a year in jail.
Opponents say the penalty is extreme and unnecessary.
"It seems like there was a special effort here to be punitive," said Democratic Rep. Gary Odom of Nashville.
Critics questioned the bill's lack of a fiscal impact, considering individuals could be arrested and placed in local jails. An effort to send the legislation back to the House Finance Committee to discuss the financial issue failed.
"Fiscal impact is something we know we have to be concerned about," Odom said.
Some protesters acknowledge the legislation is a factor in the reduction of occupiers on the plaza, but it hasn't diminished their resolve.
"They're not going away," said protester Bill Howell. "The problems have not been solved. This is a distraction. We'll get pass this and get back on subject."
Read HB2638 at http://capitol.tn.gov.
Audit Finds Fault With Polk County Practices
News release from Comptroller's Office:
Polk County has numerous flaws in its accounting and record-keeping practices that need to be addressed, a report by the Comptroller's Division of County Audit has revealed.
The annual audit, which was released today, has 19 findings and recommendations for improvement. Some involve basic safeguards needed to protect against fraud, waste and abuse.
The Offices of County Executive and Director of Accounts and Budgets had the highest number of findings, with a total of 14.
For example, the offices spent more money than the Polk County Commission had approved. Also, accrued vacation leave balances for employees of the offices exceeded the maximum amount of leave allowed under the county's personnel policy.
The Office of Director of Schools also spent more than approved by the county commission.
In eight different offices within Polk County government, responsibilities for money collection, handling and record-keeping were not properly separated. Best practices dictate that those responsibilities should be assigned to different employees so no single employee controls all aspects of financial transactions and has unrestricted access to public funds.
In four different offices, multiple employees operated out of the same cash drawers. Failure to assign each employee a separate cash drawer reduces accountability if money is lost or stolen.
"As is the case in medicine, preventative practices in accounting can head off serious problems," Comptroller Justin P. Wilson said. "When basic accounting principles are ignored or improperly applied, then it creates an environment where waste, fraud or abuse of public funds can occur. I strongly encourage Polk County officials to follow the recommendations contained in our audit so they aren't confronted with a situation down the road where they're unable to explain why taxpayer dollars have come up missing."
To view the report online, go to: http://www.comptroller1.state.tn.us/ca/CountyAudits.asp?C=70
Haslam Defends Keeping Secret Ownership of Companies Getting State Grants
Gov. Bill Haslam Wednesday defended his legislative efforts to make secret the names of business owners getting millions of state taxpayer dollars to build or expand in Tennessee.
More from Richard Locker:
The bill, set for a Senate floor vote this morning, would expand confidentiality provisions already in state law regarding the proprietary information of companies awarded taxpayer-funded incentives to include the names of owners of privately held companies.
The Senate vote on SB 2207 was delayed Monday after state Sen. Roy Herron, D-Dresden, argued that taxpayers deserve to know who's getting their tax money and that secrecy could lead to corruption. Meanwhile, the president of the Nashville Tea Party and a co-founder of Tennessee Tax Revolt called the bill an "absurdity."
"We're absolutely opposed to it," said Ben Cunningham of Nashville. "It's an insult to every taxpayer in the state. It's crazy to demand secrecy when you're giving away taxpayer money. It's going to get to the point where giveaways are done for political contributions or personal favors. It's happened in other states, and it's an open invitation to that kind of corruption."
But Haslam told reporters Wednesday his economic development officials want the bill to protect Tennessee's competitiveness with other states in the cutthroat business of industrial recruiting, where companies play states against each other to maximize the taxpayer funding they get to build or expand operations.
"I think ECD's (the Department of Economic and Community Development) feelings are that in a very competitive world out there, we're competing with other states, that (public disclosure of ownership interests) would put us at a disadvantage," the governor said.
Haslam and ECD Commissioner Bill Hagerty say they want the bill so they can require businesses seeking state incentives to turn over sensitive information to state officials analyzing whether to award them the state cash grants, tax incentives or credits. They said businesses won't produce the information if the state must make it public.
Note: The News-Sentinel has an editorial today opposing the bill.
TBI Chief Mum on Trigger to Ford-Shipley Probe
Tennessee Bureau of Investigation Director Mark Gwyn won't disclose details concerning what sparked a TBI investigation into allegations of legislative misconduct by state Reps. Tony Shipley and Dale Ford, reports the Kingsport Times-News.
The TBI probe focused on whether the two upstate GOP lawmakers illegally pressured the Tennessee Board of Nursing to reinstate three nurse practitioners suspended from practicing in March 2010. The nursing board took emergency action against the three nurses, who were accused of over-prescribing medications at the now-defunct Appalachian Medical Center in Johnson City. Last month, Davidson County District Attorney General Torry Johnson decided there was no evidence the lawmakers' actions could sustain criminal charges.
During a recent meeting with members of the Times-News Editorial Board, Gwyn was asked what piece of information triggered the TBI probe and where it came from.
"I cannot comment on that. ... To comment on any of it would just not be proper right now," Gwyn responded during a meeting to tout a public safety action plan put together by Gov. Bill Haslam's administration.
Bill Harmon Won't Seek Reelection to House (but maybe another office)
State Rep. Bill Harmon, of Dunlap, said Wednesday he will not seek re-election to the House but is considering possible races for the state Senate or Sequatchie County mayor.
From the Chattanooga TFP:
"I'd like to thank all the people in the four counties I represented for the past 10 years for the opportunity to serve as their representative," said Harmon, a Democrat whose 37th Legislative District includes Sequatchie, Marion, Grundy and Van Buren counties.
Harmon is the second House Democrat to announce he will not seek re-election following the passage of a Republican-drawn redistricting plan. Harmon's home county of Sequatchie was placed in the 31st Legislative District held by Rep. Jim Cobb, R-Spring City. The first Democrat to announce he wouldn't seek re-election was Rep. Harry Tindell, of Knoxville, who represented the 13th Legislative District.
He said in early February that he wouldn't be returning. By day's end Wednesday, a third House Democrat, Rep. Janis Sontany, of Nashville, said she won't seek re-election in the 53rd Legislative District. Harmon said the reconfigured 31st District leans Republican and there are two counties in it he never has represented.
State Rep's Daughter Charged With DUI
The daughter of state Rep. Joe Carr was arrested early Monday morning on DUI and weapon possession charges, according to Murfreesboro Police, according to the Daily News Journal.
Madeline Carr, 26, of Barfield Crescent Road in Murfreesboro was pulled over around 2:20 in the morning when her vehicle was spotted traveling southbound on Broad Street on the rim of its tire, police said. An officer reported she smelled like alcohol, had slurred speech and bloodshot eyes and was unsteady on her feet.
...She was charged with DUI and carrying a weapon while under the influence. She was read her rights and consented to a blood test, the report stated. She was booked into Rutherford County jail and posted a $2,500 bond. She is set to appear in court on the charges in April.
Islam Critic Training Law Enforcement Officers on Islam
A former FBI agent who claims Nashville's mosques have no legal right to exist is training the Rutherford County Sheriff's Office about Islam and the threats of terrorism, according to The Tennessean.
John Guandolo, vice president of the Arlington, Va.-based Strategic Engagement Group, is leading training being held at World Outreach Church in Murfreesboro. He spoke at an anti-Shariah law event at Cornerstone Church in Madison on Nov. 11, calling local mosques front organizations for the Muslim Brotherhood with no right to exist.
"They do not have a First Amendment right to do anything," Guandolo said then.
Rutherford Sheriff Robert Arnold said his department simply wants to learn about Muslim culture.
"There are not many classes out there for anything when it comes to Muslims ... but this training isn't just about that, it has many other components to it," he said. "My stance is and my office's stance is, we are not here to pick sides. I am here to protect the people of this county, and I am never going to waiver from that."
Republican Kill Democratic Amendment, Approve Civil Service Bill
Gov. Bill Haslam's bill to overhaul the state's civil service system won its first House vote Tuesday after a 5-4 vote to kill a Democrat-sponsored amendment.
House Democratic Caucus Chairman Mike Turner's amendment would have left in place a provision of current law that requires makes seniority the deciding factor in layoffs, with less senior workers fired before those with more seniority.
The House's only independent member, Rep. Kent Williams of Elizabethton, joined all Democrats on the panel in voting for Turner's amendment. All Republicans voted against.
Herbert Slatery, Haslam's legal counsel, and Dunn, who is sponsoring HB2384, said the administration is working toward another amendment that may resolve some complaints about the measure. That amendment may be presented when the bill comes up next week before the full House State and Local Government Committee.
Democrats asked that the bill be held in the subcommittee until the amendment is unveiled, but Republicans rejected that idea.
'Don't Say Gay Bill' Clears House Hurdle
The so-called "don't say gay" bill cleared its first House committee hurdle Wednesday after Knoxville's Rep. Bill Dunn contended critics had reached "the hysteria point" in exaggerating the measure's impact.
On the other hand, House Minority Leader Craig Fitzhugh, D-Ripley, said the measure remains a "solution looking for a problem."
"This is certainly unnecessary and if it's unnecessary why do we do it? Especially if there's a potential for harm," said Fitzhugh.
The bill was approved on voice vote by the House Education Subcommittee. Only three Democratic legislators - Reps. Lois DeBerry of Memphis, Jimmy Naifeh of Covington and Joe Pitts of Clarksville - took the step of having themselves recorded as voting no.
As amended before passage by the Senate last year, SB49 declares that discussion of sexuality in grades kindergarten through eight "shall be limited exclusively to natural human reproduction science" - language that proponents say would eliminate discourse on homosexuality.
Rep. Sontany Won't Seek Reelection
Democrat Janis Sontany, a five-term state representative from Nashville and a former member of the Metro Council, said Wednesday that she is leaving the state legislature after this year, according to Chas Sisk.
Sontany, 65, said she wants to spend more time with her family.
"I never wanted this to be a career," she said. "It's just time for me to move on and do something else with my life."
Sontany, a Democrat, has been in state and local politics for a total of 17 years. She also worked in the government affairs office for DuPont.
AP's Story on Haslam Abandoning Class Size Bill
By Erik Schelzig, Associated Press
NASHVILLE, Tenn. -- Gov. Bill Haslam said Wednesday that he's abandoning his proposal to do away with average class size restrictions in Tennessee.
The Republican governor's decision came as a growing chorus of educators and parents -- and the lawmakers who represent them -- criticized the idea, fearing the change would hurt teaching standards because more classrooms would be filled to capacity.
Haslam said in a press conference in his Capitol office that his plan was thwarted by the challenge of explaining that the measure's goal is to give school districts more flexibility to hire high-priority teachers.
"When the reason to do something takes you four minutes to explain, but the reason not to do something -- you can say large classes bad, small class sizes good -- takes five seconds, it's a difficult process," Haslam said
The governor noted that Tennessee is the only state that places caps on both the total classroom size as well as on average school-wide enrollment.
Continue reading "AP's Story on Haslam Abandoning Class Size Bill"
Gibbons Upholds Firing of State Trooper
The Tennessee Highway Patrol trooper fired for driving past a fatal wreck lost his first bid to save his job Tuesday, reports Matt Lakin.
Safety Commissioner Bill Gibbons turned down Trooper Charles Van Morgan's appeal, calling Morgan's behavior "a poor representation" of the agency.
"We have a responsibility to serve the state of Tennessee with professionalism, honesty and integrity, and we will not tolerate the actions of those who fail to do so," Gibbons said.
Morgan had worked for nine years for the state Department of Safety and drew an annual salary of $49,344. He lost his job after internal investigators determined he slowed down but didn't stop when he drove by the Nov. 26 wreck on Andersonville Pike in North Knox County that killed Gordon Kyle Anito, 20.
Morgan had been chasing Anito after clocking him driving nearly 80 mph in a 40 mph zone on Emory Road just before 3:30 a.m. Tests for drugs and alcohol on Anito aren't complete.
Video from Morgan's cruiser showed he slowed to nearly 20 mph as he passed Anito's 2005 Subaru Impreza, which had run off the road and hit a tree head-on. He told dispatchers he'd lost the car, drove another half-mile down the road and sat parked for nearly five minutes before he returned to a car in flames.
TN GOP Sets Up 'Super Tuesday' Web Page
News release from Tennessee Republican Party:
NASHVILLE, TN - Today, the Tennessee Republican Party officially launched a new web page titled "It's Tennessee's Turn." This web page includes links to voting locations, information on early and absentee voting, details on the state's new voter ID law, and information on the Republican candidates for President.
The web page also features a live Twitter stream to provide voters with real time updates and results on election night.
"With early voting beginning today for Tennessee's Presidential Primary, we wanted to provide voters with a one-stop resource for information on our candidates, and address any general voting questions," said Tennessee Republican Party Chairman Chris Devaney.
"This election will be the first time for voters to express their concern over the direction of our country and the lack of leadership from President Obama. Tennessee voters are eager to get to the polls because they understand that we cannot afford four more years of President Obama's reckless economic policies," concluded Devaney.
On election night, voters can receive election updates by subscribing to our text message alert system by texting "TNGOP" to 66502. Real time updates will also be posted on this new web page via Twitter.
Early voting for Tennessee's Presidential Preference Primary begins today and concludes on Tuesday, February 28th. Election Day is Tuesday, March 6th. Tennessee is one of seven states that will hold its primary on what has become to be known as "Super Tuesday."
You can access the new web page at www.tngop.org or by clicking HERE.
Early Voting Underway for TN Presidential Primary
NASHVILLE, Tenn. (AP) -- Early voting for Tennessee's Republican presidential primary gets under way today.
Voters can cast ballots from Wednesday through Feb. 28. Tennessee is among 10 states holding their presidential primaries on March 6, which is known as Super Tuesday.
Gov. Bill Haslam and House Speaker Beth Harwell are among a large number of state Republican leaders backing former Massachusetts Gov. Mitt Romney.
Senate Speaker Ron Ramsey was an early supporter of Rick Perry, but has declined to endorse anyone since the Texas governor dropped out of the race.
Former House Speaker Newt Gingrich's state leadership team includes state Sen. Stacey Campfield of Knoxville and Rep. Tony Shipley of Kingsport, while former U.S. Sen. Rick Santorum's effort is led by tea party activist Kay White of Johnson City.
Haslam Drops Push for Passage of Classroom Size Bill (for this year)
Gov. Bill Haslam said today he is giving up for this year a push for legislation that would remove the current limits on average class size in Tennessee schools.
The governor said he remains "quite committed to the idea," but recognizes the proposal has raised many concerns and questions.
"We will wait and work on that and pursue it, with some adjustments, next year," he told reporters this morning.
Haslam blamed the setback on difficulty in communicating this plan, which is proposal, based on the notion of giving local school systems more flexibility.
It required a "very complicated explanation," he said, while those opposed had a very simple message - that small classes are good, big classes are bad.
"The reason to do something takes you four minutes to explain," he said. "You can explain why you're against it in five seconds."
Sen. Ford Denounces 'Mean and Hateful Nurses'
State Sen. Ophelia Ford told a Senate committee Tuesday that a bill to increase penalties for assaulting health care professionals is "ludicrous," and said she was treated by "mean and hateful nurses" in recent years.
From the Rick Locker report:
"I'm not telling it all, because it was so horrible you could not even believe it," said Ford, D-Memphis.
She added later that she was restrained during a hospital stay during which "I didn't even know where I was." She said that "there are kind nurses too, and usually they know how to handle themselves."
Senate Bill 2658, proposed by the Tennessee Nurses Association, would enhance penalties for assault and aggravated assault against health care providers acting in the discharge of their duties. It won narrow 5-4 approval in the Senate Judiciary Committee despite Ford's objections during a 30-minute debate.
Sen. Doug Overbey, R-Maryville, said federal Bureau of Labor Statistics figures indicate that the health care sector leads all other industries in the number of employees subjected to nonfatal assaults.
But Sen. Stacey Campfield, R-Knoxville, joined Ford in arguing against the bill, saying perpetrators of assault should be punished equally regardless of who the victim is.
...Ford's long, rambling descriptions of her experiences with extended hospital and nursing home rehabilitation stays starting in 2006 generated the most interest in the room. It was reminiscent of previous eyebrow-raising speeches in which Ford has linked personal experiences to legislation.
"I would not be in your presence today because of mean, hateful nurses, and the lower on the scale they are with the least amount of experience, the worse they are.
"Most of you know I've had several illnesses, back in 2008, in and out of the hospital in 2006 and 2007... I cannot tell you the horrific experience I've had and it was nurses who were mainly doing these things to me. I knew that such happens but I just didn't know it was so horrible."
Judge Dismisses TennCare Lawsuit, Age 14
U.S. District Judge Thomas A. Wiseman Jr. ruled Tuesday that TennCare now meets its coverage obligations to children, dismissing a 14-year-old class-action lawsuit filed by the Tennessee Justice Center.
From The Tennessean's report:
The legal advocacy organization said it will appeal the judge's decision.
Wiseman in his opinion wrote that TennCare had met the requirements of a 1998 consent agreement between it and the Tennessee Justice Center. That agreement required TennCare to do early and periodic screening of 750,000 Medicaid-eligible children and to provide them with needed treatments.
The goal under the agreement was to make sure that 80 percent of the children got regular checkups and dental care. Doctors who were witnesses for the Tennessee Justice Center shared stories of children not receiving adequate access to care, but the judge based his decision largely on the state's documentation and numbers.
"This testimony, while interesting and even compelling from a policy perspective, was for the most part not directly related to the decision of whether the state is in substantial compliance with the consent decree," Wiseman wrote.
The state's screening rate for Medicaid-eligible children exceeded 90 percent, he noted -- 10 percentage points beyond the goal set in the consent requirement.
Deal Lets TN Wildlife Commission Survive Under a New Name
A legislative impasse that threatened existence of the Tennessee Wildlife Resources Commission was potentially eliminated Tuesday with House committee approval of a bill that would change the commission's name, but not its basic functions.
The House Conservation Subcommittee approved the measure sponsored by Rep. Judd Matheny, R-Tullahoma, after amending it to comport with a deal Matheny said was endorsed by Gov. Bill Haslam and House Speaker Beth Harwell.
The panel rejected attempts by Rep. Frank Niceley, R-Strawberry Plains, to change the Matheny measure. He contended that "broad language" in some places it would increase the commission's powers.
Niceley also proposed a change to have the governor appoint the executive director of the Tennessee Wildlife Resources Agency instead of the commission. That idea was also spurned by the subcommittee.
Continue reading "Deal Lets TN Wildlife Commission Survive Under a New Name"
TN Tops in Sales Taxes
News release from The Tax Foundation:
Washington, DC, February 14, 2012 - Tennessee, Arizona, Louisiana, Washington, and Oklahoma have the highest combined state and average local sales tax rates, according to a new report released today by the Tax Foundation. On the other end of the scale, Delaware, New Hampshire, and Oregon all have no state or local sales taxes, thus scoring combined rates of zero.
"While state sales taxes are generally easier to understand than the federal income tax system, the existence of thousands of local jurisdictions that set their own rates can lead to confusion" said Tax Foundation economist Scott Drenkard. "States with a moderate statewide rate can end up with an extremely high burden when local rates are added to the total."
Thirty-six states allow localities to charge a local sales tax. These local rates range from very low - such as 0.25 percent in Tupelo, Mississippi - to quite high, as in the case of the 7 percent rate in Wrangell, Alaska. Because local rates vary so dramatically and sometimes apply to very small jurisdictions, the Tax Foundation calculates a population-weighted average for each state.
The states with the highest combined state and local rates are Tennessee (9.45 percent), Arizona (9.12 percent), Louisiana (8.85 percent), Washington (8.80 percent), and Oklahoma (8.66 percent). Among the states with a statewide sales tax, the lowest average combined rates are found in Hawaii (4.35 percent), Maine (5.00 percent), Virginia (5.00 percent), Wyoming, (5.34.percent), and South Dakota (5.39 percent).
California, despite a 1 percent reduction in its sales tax rate that took effect July 1, 2011, still has the highest state-level rate at 7.25 percent. Five states tie for the second-highest statewide rate with 7 percent each: Indiana, Mississippi, New Jersey, Rhode Island, and Tennessee.
The states with the highest average local sales tax rates are Louisiana (4.85 percent), Colorado (4.54 percent), New York (4.48 percent), Alabama (4.33 percent), and Oklahoma (4.16 percent). The states with the lowest non-zero average local rates are Minnesota (0.30 percent), Vermont (0.14 percent), Idaho (0.02 percent), Mississippi (0.004 percent), and New Jersey (-0.03 percent). New Jersey has a unique system in which certain jurisdictions are exempt from collecting the 7 percent state tax and instead collect a 3.5 percent local tax. This results in a slightly negative statewide average local rate.
The Tax Foundation is a nonpartisan, nonprofit organization that has monitored fiscal policy at the federal, state and local levels since 1937.
Detector Bill Named After Carbon Monoxide Victims
NASHVILLE, Tenn. (AP) -- A bill that would require working carbon monoxide detectors in leased recreational vehicles has been named after five people who died from carbon monoxide poisoning last year at a bike rally in Clarksville.
The bill, sponsored by Rep. Joe Pitts, of Clarksville, was advanced in a House subcommittee on Tuesday. Christine and Ed Watson, both of Clarksville, showed a picture of their daughter, Kathryn Over, and her husband, Jonathan, who were among the five killed last September during a Bikers Who Care event.
Christine Watson said the bill would prevent future tragedies by requiring a working carbon monoxide detector in RVs.
Police say the deaths were accidental after a generator was found near a vent for the trailer and all the windows and doors were shut.
TSEA Says Haslam Won't Compromise on Civil Service Bill
NASHVILLE, Tenn. (AP) -- The Tennessee State Employees Association says it has ended discussions with Gov. Bill Haslam's administration about legislation that would eliminate most civil service protections for state workers.
Robert O'Connell, the group's executive director, said Tuesday in prepared statements that several weeks of discussions have ended because the "governor's people were unwilling to remove or compromise on the provisions most harmful to state employees."
Haslam's proposal would eliminate rules that allow bumping and retreating, which association officials say removes seniority as a prime protection for state employees when layoffs are deemed necessary.
The proposal would also strip the right of a person that's laid off to be called back to work if the economy improves.
The measure is scheduled to be heard this week in the House State and Local Government General Subcommittee.
Note: The TSEA news release is below.
Continue reading "TSEA Says Haslam Won't Compromise on Civil Service Bill"
Beavers Was Investing, Not Loaning $50,000? (Lou Ann Zelnick, too?)
Senate Judiciary Chairman Mae Beavers was investing $50,000 in a Macon County newspaper, not making a loan of that amount to the publisher, according to a response filed in a lawsuit Beavers has brought for collection of the money.
From Andy Sher's report:
"Co-plaintiff Mae Beavers delivered said cashier's check to Defendant (Kathryn) Belle for the specific purpose of investing in the venture and to make payment of the May 21, 2010 installment [payment] due to Main Street Media for purchase of the Macon County Chronicle," the filing says.
It also alleges that Lou Ann Zelnick, a Republican who made a failed 2010 GOP 5th Congressional District primary bid, "invested" $36,000 in the newspaper venture as well.
.... (Beavers, in an interview) called the lawsuit a "personal matter."
Asked about suggestions the money was not a loan but an investment, Beavers said, "I don't believe that's what the lawsuit said."
Beavers said "yes" when asked if the $50,000 was intended as a loan.
Meanwhile, Beavers on Monday filed an amended Statement of Interests form with the Tennessee Bureau of Ethics and Campaign Finance. Her original State of Interests form, filed Jan. 30, did not mention the loan or the 6 percent her lawsuit cites as interest under the category "sources of income."
Her new filing lists "Kathryne Bell -- pass through interest on personal loan -- no actual income."
It also lists Bell's nephew, John Cook, with the explanation "pass through interest on personal loan -- no actual income."
(Previous post HERE)
Haslam to Chair Romney's Campaign in Tennessee
NASHVILLE, Tenn. (AP) -- Republican presidential candidate Mitt Romney has named Gov. Bill Haslam his campaign chairman in Tennessee.
The Romney campaign also announced Tuesday that it has gathered a full slate of 48 delegate candidates on the Tennessee ballot, led by former Gov. Winfield Dunn.
Haslam said in a statement that the delegates represent the statewide strength of the Romney campaign in Tennessee.
Early voting for Tennessee's March 6 presidential primary begins Wednesday.
Romney supported Haslam in the state's 2010 governor's race, and Haslam's father and brother also hold leadership positions in the former Massachusetts governor's Tennessee operations.
Note: The Romeny campaign news release is below.
Continue reading "Haslam to Chair Romney's Campaign in Tennessee"
'Nullification Bill' Draws Critical Questioning
State Rep. Bill Dunn says his bill requiring federal agencies to notify local law enforcement officers before making arrests in Tennessee is a means of "standing up for the people" against an overreaching federal government.
"There comes a point where we've got to put a little bit of pressure on the feds and stand up for our citizens," the Knoxville Republican told members of the House Judiciary Subcommittee last week.
But Dunn's HB2610 faced almost an hour of critical questioning from members of the panel who wondered if it amounted to unnecessary overreaching by the Legislature as a "nullification" effort that could jeopardize investigations into local corruption and lead to deputy sheriffs arresting federal agents.
Van Irion, an attorney for the Liberty Legal Foundation who finished third in the 10-candidate Republican primary for the 3rd Congressional District nomination in 2010, fielded most of the questions on the legislation that he helped draft. It is a revised version of a bill that was introduced last year which failed to pass.
Continue reading "'Nullification Bill' Draws Critical Questioning"
Rep. Eddie Bass Eyes Party Switch (and guns are involved)
By Erik Schelzig, Associated Press
NASHVILLE, Tenn. -- Democratic state Rep. Eddie Bass may be considering a party switch before the candidate filing deadline in April, but Republicans don't appear overly eager to have him
Bass told The Associated Press on Monday evening that he hasn't made up his mind about which party to affiliate with in seeking a fourth term.
"We just have to wait and see how things go on qualifying day, I guess," he said,
Republican House Majority Leader Gerald McCormick of Chattanooga said he's heard that Bass has been mulling a party switch for the last two or three years, but said he is satisfied with potential GOP candidates considering a bid in House District 65.
"I'd rather he'd stay where he is, to tell the truth," McCormick said. "He's not doing himself any favors running that gun bill."
Continue reading "Rep. Eddie Bass Eyes Party Switch (and guns are involved)"
Haslam Bill to Hide Corporate Ownership Stalls in Senate Debate
By Lucas Johnson, Associated Press
NASHVILLE, Tenn. -- Republicans have backed off -- at least temporarily -- of Gov. Bill Haslam's proposal to seal off information about companies seeking economic
development grants after an impassioned debate between supporters and Democratic Sen. Roy Herron, who demanded to know why ownership records would not be made available to the public.
The measure, carried by Republican Sen. Bo Watson of Hixson, was delayed Monday evening until Thursday. The companion bill is awaiting a vote in the House Commerce Committee.
Haslam has called for the public records changes as part of his plan to offer more cash incentives for companies to invest in Tennessee.
The bill closes off information regarding "business processes, organizational structure and ownership, financial statements, budgets, cash flow reports or similar materials."
Continue reading "Haslam Bill to Hide Corporate Ownership Stalls in Senate Debate"
Occupy Nashville Relocation Effort Fails
NASHVILLE, Tenn. (AP) -- An attempt to move the Occupy Nashville protest from the state Capitol to the city's Public Square was short-lived.
One tent was set up on the lawn of the city government headquarters Monday night. Early Tuesday, a Metro Nashville police officer told tent dweller Matt Hammill a local ordinance barred camping there. Hammill packed up his tent and left, according to WTVF-TV (http://bit.ly/yhg6zb).
The station reported the movement might try to get a permit from the mayor's office to resume camping on the square.
Protesters have been camped at Legislative Plaza since Oct. 7, but legislators are considering a statute that would prohibit it.
State troopers arrested protesters in October, but a Nashville judge ordered them released.
Haslam Joins Republican Legal Attack on Fed Health Care Law
News release from governor's office:
NASHVILLE - Tennessee Gov. Bill Haslam today expressed his support of a brief filed with the U.S. Supreme Court by the Republican Governor Public Policy Committee (RGPPC) arguing against the constitutionality of the Patient Protection and Affordable Care Act.
The amicus brief, filed by the RGPPC of which Haslam is a member, is the first ever submitted to the Supreme Court by the committee.
"The Obama administration's approach is an unaffordable healthcare mandate that is a significant overstep of the federal government's authority," Haslam said.
"I'm committed to controlling health care costs and finding meaningful ways to improve the health of Tennesseans by encouraging healthy choices, personal responsibility and accountability. Forcing mandates on states and individuals is the wrong approach, and if Obamacare is implemented, healthcare costs will rise significantly, putting a serious strain on state budgets across this country."
A year ago Haslam joined other governors in sending a letter to President Barack Obama asking him to expedite the legal process for cases regarding Obamacare.
Note: Text of the Republican governors' brief is HERE
Martineau: Not Backtracking on Environmental Protection
By Erik Schelzig, Associated Press
NASHVILLE, Tenn. -- A leadership shakeup at the state Department of Environment and Conservation doesn't indicate the agency is downgrading pollution enforcement efforts, Commissioner Robert Martineau said Monday.
House Democratic Caucus Chairman Mike Turner of Nashville in a meeting of the Joint Government Operations Committee questioned Martineau about the recent staff shakeup that included the firing of the department's top solid waste management and water pollution control officials. The director of state parks also announced his retirement.
"With the recent firings and forced retirements, I hope we're not changing direction here and becoming friendly to the polluters of this state," Turner said.
Martineau did not specifically address the staffing changes, but said Republican Gov. Bill Haslam's administration will continue to enforce federal and state pollution control standards.
"I will assure the committee that our decisions are not in any way to backtrack on environmental protection," he said. "I think the governor's committed to maintaining strong environmental protection, and doing so in a way that also fosters economic development."
Continue reading "Martineau: Not Backtracking on Environmental Protection"
NAACP Organizes Ministers for GOTV, Citing Photo ID Law
CHATTANOOGA, Tenn. (AP) -- The NAACP in Chattanooga is helping lead a statewide effort to recruit black ministers to get out the vote.
Joe Rowe, vice president of the Chattanooga-Hamilton County NAACP, told the Chattanooga Times Free Press that nearly two-dozen ministers from different denominations already are involved (http://bit.ly/y8JXwF). From now until the presidential election in November, the ministers will organize marches, host voter registration drives and offer transportation to the polls.
The Rev. Jeffrey Wilson, pastor of Chattanooga's New United Missionary Baptist Church, said, "We want to send out notice to the elected officials and the powers that be. We want to let them know that we are concerned, we vote and we care about what's going on in this community."
The NAACP effort was prompted by concerns that a new requirement for voters to show photo identification at the polls could disenfranchise thousands.
Republicans sponsored Tennessee's voter ID law, saying it would combat voter fraud. But many Democrats say the law will discourage voters who tend to vote for their candidates, such as the poor, minorities and students.
Most forms of state or federally issued identification are acceptable at the polls. The state estimates that about 126,000 registered voters in Tennessee could be affected. About 15,000 people have received government IDs for voting since the law was approved last year. It went into effect in January.
In all, 15 states are expected to have photo ID laws in place by the November elections, according to the National Conference of State Legislatures, and NAACP chapters across the nation are involved in the get-out-the-vote effort.
The theme of the campaign is "Still in Crisis," a reference to the civil rights struggle of the 1950s and 1960s.
And the Rev. Kenneth Love, pastor of St. Paul AME Church and executive director of the Hamilton County Democratic Party, said that just as ministers led marches for voting rights in the 1960s, they are leading the fight to maintain those rights in 2012.
Court of Appeals Rules Against Shelby Election Challenge
JACKSON, Tenn. (AP) -- The Tennessee Court of Appeals has ruled against several losing candidates who filed suit against the Shelby County Election Commission claiming the 2010 county election races were rigged.
The appellate court on Monday said the candidates failed to show that "fraud or illegality so permeated the conduct of the election as to render it incurably uncertain."
The unanimous opinion upholds the ruling of a lower court in Shelby County.
All but one of the losing candidates ran as a Democrat, the other running in a nonpartisan judicial race. They filed the lawsuit after Republicans, who control the county election commission, unexpectedly won the races.
The lawsuit asked a court to void the election and prevent the winners from taking office.
Occupiers Want an Apology for Urination Oratory
By Lucas Johnson, Associated Press
NASHVILLE, Tenn. -- Occupy Nashville protesters are demanding an apology from the sponsor of legislation aimed at stopping them from staying overnight on the Capitol complex.
The measure sponsored by Republican Rep. Eric Watson of Cleveland could be up for floor votes in both chambers this week.
The legislation would make it a misdemeanor to lay down "bedding for the purpose of sleeping."
The proposal refers to items associated with camping, "including tents, portable toilets, sleeping bags, tarps, propane heaters, cooking equipment and generators."
The protesters have camped at the plaza since early October. There are about 60 or so tents on the plaza and at least two portable toilets nearby.
Watson said in the House Judiciary Committee last week that the proposal is necessary because of criminal activity and lewd behavior where the protesters are encamped.
He said someone believed to be associated with Occupy Nashville urinated on a state employee. Watson said those sorts of things tarnish the protesters' efforts to have a "peaceable assembly."
Continue reading "Occupiers Want an Apology for Urination Oratory"
77 Tennessee Legislators Back Legal Brief Opposing Federal Health Care Law
News release from Senate Republican Caucus:
(NASHVILLE, TN), February 13, 2012 - A long list of State Senators in Tennessee -- including Lt. Governor Ron Ramsey (R-Blountville), Senate Majority Leader Mark Norris (R-Collierville), Senate Republican Caucus Chairman Bill Ketron (R-Murfreesboro), Senate Speaker Pro Tempore Bo Watson (R-Hixson) and Senate Judiciary Chairman Mae Beavers (R-Mt. Juliet) -- are among 77 Tennessee lawmakers, the State of Florida, 25 other states, and the National Federation of Independent Business in filing as amicus parties (friends of the court) challenging the constitutionality of the individual mandate in the Patient Protection and Affordable Care Act (PPACA).
The individual mandate, which is the centerpiece of the new law, is the requirement that almost all people in the United States buy health insurance or pay a penalty to the IRS for failing to do so.
The brief was filed with the Supreme Court today in preparation for the oral arguments scheduled for March 27th and is one of a multitude of briefs filed laying out the unconstitutionality of individual mandates.
"The White House plan will stifle innovation and actually increase the cost of insurance," said Lt. Governor Ramsey. "It is time that states push back to let Washington know that we are not going to stand by idly when this healthcare law so blatantly infringes on the constitutional rights of the states and the personal freedoms of our citizens."
"This is one of the most important issues to be considered by the Court in our lifetime," said Leader Norris. "State's rights, individual liberties and our ability to keep the federal government from infringing those rights are at stake."
"Our personal health care decisions should be managed by us and our health care providers, not politicians and bureaucrats in Washington," said Chairman Beavers. "Never in our history has the U.S. government required its citizens as a condition of residency to purchase a particular product from a private company or government entity."
U.S. District Judge Roger Vinson heard the case in Florida and declared the law unconstitutional on January 31, 2011. In his ruling, Vinson struck down the entire law after finding the individual mandate violated the Commerce Clause of the Constitution, and that the mandate could not be separated from the rest of the law. On March 8, 2011, the government filed a notice of appeal with the 11th Circuit U.S. Court of Appeals. The appeals court also found the individual mandate unconstitutional, but ruled the individual mandate to be severable from the rest of the law, and found the remaining provisions "legally operative." The Court of Appeals' ruling was appealed to the U.S. Supreme Court, which announced on November 14, 2011 that it will hear the appeal.
The case is especially important to Tennessee and several other states because these states have enacted Health Care Freedom Acts. The Tennessee Health Freedom Act, passed in 2011, provides that every person in Tennessee is free to choose, or not choose, any mode of securing healthcare services, and to purchase or not purchase health insurance, without penalty or threat of penalty. Tennessee asserts this right to protect the freedom of its citizens under the Tenth Amendment of the Constitution. This principle is emphasized in the amicus curiae brief filed today.
Another key provision under consideration by the nation's high court is the constitutionality of the Medicaid amendments. The case from Florida says the federal healthcare act exceeds the enumerated powers by creating such a major expansion of the Medicaid program.
Link to Briefs:
Hargett Does PSAs on Photo ID Law
News release from Secretary of State's office:
Secretary of State Tre Hargett is releasing two radio public service announcements this week, encouraging voters to bring photo identification with them to the polls this year.
The 30-second radio spots, which are being distributed to members of the Tennessee Association of Broadcasters, are part of an ongoing campaign to raise public awareness about the state's voter photo ID law that took effect Jan.1.
Although there are some exceptions, the law generally requires voters to show valid photo identification before casting ballots. Information about the types of identification that are acceptable and how to obtain photo IDs is available at www.GoVoteTN.com or by calling 1-877-850-4959.
"It is vital that we continue to get the word out to Tennesseans about this new law," Secretary Hargett said. "I encourage radio stations throughout the state to play these public service announcements as often as they can to assist us in spreading the message. We want Tennessee voters to show up at the polls knowing about what's required to vote."
Note: To hear the Public Service Announcements, click HERE for one, and HERE for the other.
Sen. Beavers, Husband Sue Newspaper Publisher for $50K
A state senator and her husband have filed a complaint in Wilson County Chancery Court against a newspaper publisher, according to the Macon County Times.
The complaint was filed by Sen. Mae Beavers and her husband Jerry Beavers on Dec. 29, 2011 and names Macon County Chronicle Publisher Kathryne Belle as the defendant. The complaint alleges that Belle borrowed $50,000 from Beavers at a rate of six percent interest on or about May 26, 2010.
Further alleged in the complaint is that Belle used the funds to purchase an interest in the Macon County Chronicle. Belle has allegedly made numerous payments on the loan but not all required payments and has failed to make payments that were requested of principle and/or interest, according to the complaint.
The complaint further alleges that Belle has refused to sign a written promissory note or to pledge adequate collateral for the loan.
Allegedly, Belle owes the Beavers a principle balance of $50,000 plus interest at the rate of six percent and failed to make the interest payment that was due on Nov. 15.
According to the complaint, Beavers and her husband seek compensatory damages in the amount of $50,000 plus pre- and post-judgment interest.
...When contacted by phone, Sen. Beavers declined to comment.
Lebanon attorney Keith Williams confirms that he has been retained to represent Belle.
"We will be filing an answer as soon as possible. Once we have filed an answer, we will state all of our defenses to this lawsuit filed by Sen. Beavers," said Williams.
(HT: Sean Braisted, who, in turn, cites a Facebook post by former Rep. Susan Lynn, HERE.)
Candidates Emerge for Open Knox House Seats
Georgiana Vines has an update on candidates for two open seats state House seats in Knox County. Excerpts:
Gloria Johnson, Knox County Democratic Party chair who ran unsuccessfully for state Senate last year, says she is going to run for the 13th House District seat being vacated by a fellow Democrat, state Rep. Harry Tindell.
...Gary Loe, a TV sports producer who thought he lived in the new 89th House District, picked up a petition to run for the 13th District seat as a Republican. Loe ran two years ago against the eventual winner, state Rep. Steve Hall, who represents the 18th District.
"I moved into the district two weeks ago," he said Friday. "I decided I was not in the 89th District (when he lived in West Hills). It didn't come as far east as I thought."
...Also picking up a petition to run in the Aug. 2 Republican primary for the 13th District was Vanderbilt Brabson of Millertown Pike.
...Rep. Joe Armstrong, the remaining Democrat in the Knox County delegation, has not yet picked up a petition but Republican Brian Stevens has. Stevens, a graduate student in statistics at UT who lives on Highland Avenue, said his goal eventually is to run against Republican state Sen. Stacey Campfield in 2014.
...Picking up petitions for the new 89th District in northwest Knox County were Roger Kane, an insurance man, and William G. "Bo" Pierce, vice president of Knoxville's Community Development Corp. Pierce said he would not be able to remain with KCDC if elected
Haslam Bill Allows More State Contracts Without Competitive Bids
A bill in the Tennessee legislature could give the state's new procurement officer broad discretion to award contracts without competitive bidding, according to the Tennessean. Critics say the change would upend decades of practice.
The state Senate is debating a bill that would let Tennessee's top purchaser negotiate directly with suppliers whenever he or she determines that talks are "in the best interest of the state."
The bill would delete a requirement now on the books that says negotiations can be used only when "the state is unable to obtain needed goods and/or services by competitive sealed bid." The bill is part of a package of legislation put forth by Gov. Bill Haslam to streamline state government.
But the measure could also raise the threat of graft or patronage by giving one person too much power to award contracts without first putting them out to bid, said state Sen. Roy Herron, D-Dresden.
"To abandon our competitive bidding system in favor of unbridled, unchecked discretion is to invite abuse and greatly increase the potential for corruption," he said. "We may or may not have competitive bidding on any program."
Senate Bill 2218 would extend a 2010 law called the Procurement Act, which revamped how the state makes its purchases.
... Kelly Smith, an assistant commissioner and legislative liaison for the Department of General Services, said fears that the chief procurement officer would have unchecked powers were overblown because state laws would remain in place to set restrictions on who could receive contracts.
Vendors would still have to come off an approved list, contracts over $250,000 would still have to be approved by an outside board, and contractors could appeal decisions to a newly created committee.
"There's no way a chief procurement officer could make deals with their best friend or anything like that," Smith said.
Woodson Has $127K in Political Account, No Plans to Use It
From the News Sentinel:
A review of state campaign finance disclosures shows former Sen. Jamie Woodson, the Knoxville Republican who was speaker pro tempore until resigning July 7, has $127,564 in her campaign account.
Woodson, now the CEO of the State Collaborative on Reforming Education, or SCORE, a statewide education reform organization, said Wednesday that she has no plans for the account.
"SCORE is a nonpartisan organization. It is important to me as well as SCORE's board that we fully commit to that nonpartisan nature. I do not have any specific plans for the account, and am not contributing to candidates for public office," Woodson said.
Drew Rawlins, executive director of the state Bureau of Ethics and Campaign Finance, said Woodson has several choices under the law for the money.
She can make contributions to her political party, charities, candidates, existing scholarship funds or form a political action committee and put the money there or contribute to an existing PAC, he said.
Teen Tatooing Targeted by Bill
By Lucas Johnson, Associated Press
NASHVILLE, Tenn.-- The sponsor of legislation that seeks to strengthen a Tennessee law prohibiting the tattooing of minors says the measure would also help fight gang activity, even though critics lament the proposal could be burdensome.
Currently, a person under 18 cannot get a tattoo. A 16-year-old can be tattooed to cover up an existing tattoo, but only with the consent of a parent or guardian, who must be present during the procedure.
Rep. Antonio Parkinson's proposal would mirror the state's child abuse law, which requires signs of abuse to be reported to law enforcement or an entity like the Health Department. Those making the report might be a physician, a police officer or someone in education, such as a teacher.
"Just like if a teacher sees a minor with a bruise on their back, minors with tattoos would be reported the same," Parkinson said of his bill.
The Memphis Democrat said he proposed the legislation after hearing about places where minors were being tattooed illegally, and possibly risked being exposed to equipment not properly sanitized.
Sunday Column: On Death, Taxes and Cutting Options
Every year, bundles of bills are introduced in the Legislature to cut taxes and, every year, governors and legislative leaders make sure that the vast majority quietly disappear in the name of fiscal responsibility.
This year, Gov. Bill Haslam, after uttering fiscally responsible misgivings just a few weeks earlier in keeping with gubernatorial traditions, has decided to grant a couple of exceptions.
Naturally, legislators are falling all over themselves praising the governor's grant of permission to cut taxes on a bipartisan basis. On a not-so-bipartisan basis, they are lamenting that he doesn't go further.
Meanwhile, there are bills in this year's bundle -- virtually assured of being eased into the trash bin -- that provide an interesting contrast to those blessed by the governor.
Continue reading "Sunday Column: On Death, Taxes and Cutting Options"
New Push Underway for Passage of 'Guns in Parking Lots'
A new effort is under way toward passage of legislation that pits the interests of gun rights advocates against the property rights of businesses, a politically volatile mix that was apparently a factor in a public confrontation between two legislators.
Senate Speaker Ron Ramsey last week declared he strongly supports passage of the key proposal, which would authorize handgun permit holders to take their weapons to work -- provided they are left in a locked car -- even if the permit holder's employer prohibits guns on company property.
"It almost negates even having a permit if you can't do that (keep a gun in car)," said Ramsey in an interview.
House Speaker Beth Harwell said she is concerned that the proposal could conflict with her overall priority of making Tennessee "the most business friendly state in the union," but believes some compromise can be reached.
"It's not a priority to me this session," she said in an interview. "I want to be sure not to do anything detrimental to business ... (but) I think we can work something out."
The Associated Press has noted that the bill, though described as applying to handgun permit holders, has no reference to permits in its text, meaning it would apply to any gun owner in the state. The 2012 bill also would apply to state and local government employees as well as private sector businesses.
Continue reading "New Push Underway for Passage of 'Guns in Parking Lots' "
Ketron Would Curb ABC's Drug Enforcement Authority
State Sen. Bill Ketron is sponsoring legislation that would remove drug enforcement authority from the Alcoholic Beverage Commission and place it under the Tennessee Bureau of Investigation, according to the Daily News Journal.
Senate Bill 3358, which clarifies several ABC-related laws, would remove the commission's ability to enforce Tennessee's felony laws dealing with marijuana. It also would take away the authority of ABC officers to make felony drug arrests in establishments selling alcoholic beverages.
Ketron said he proposed the bill to remove the ABC from its role with the Governor's Task Force on Marijuana Eradication, which makes drug busts and cuts down pot grown in isolated places across the state.
"I was trying to look at how we can reduce costs," Ketron said. The Murfreesboro Republican said he believes it would be more efficient to shift ABC's law enforcement powers dealing with marijuana eradication to Ed Jones, assistant commissioner of TBI.
Ketron said he filed the legislation before a news report last week about marijuana possibly being found at the home of ABC Executive Director Danielle Elks.
Federal Express Top PAC in Giving; Jack Johnson Top in Receiving
Dozens of special interests gave $2.93 million so far to the campaigns of Tennessee lawmakers and legislative candidates during the first year of the 2012 election cycle, according to Andy Sher's review of state filings..
A political action committee operated by Memphis-based FedEx Corp. topped the list, according to figures from the state's Bureau of Ethics and Campaign Finance.
The shipping and logistics giant's PAC gave $101,582 to dozens of lawmakers and candidates between Jan. 16, 2011, and Jan. 15, 2012, an analysis of direct contributions reported by lawmakers and candidates shows.
Government contractors, businesses regulated by the General Assembly and other interests, including organized labor, were among those giving through traditional PACs.
And joining the ranks for the first time are corporations, which can give under a 2011 law passed by the Republican-led General Assembly. In 2010, the GOP boosted its Senate majority and gained operational control of the House.
...Dozens of special interests ranging from AT&T to Chattanooga-based BlueCross BlueShield of Tennessee have given $2.93 million so far to the campaigns of Tennessee lawmakers and legislative candidates during the 2012 election cycle, state filings show.
A political action committee operated by Memphis-based FedEx Corp. topped the list, according to figures from the state's Bureau of Ethics and Campaign Finance.
The shipping and logistics giant's PAC gave $101,582 to dozens of lawmakers and candidates between Jan. 16, 2011, and Jan. 15, 2012, an analysis of direct contributions reported by lawmakers and candidates shows.
Government contractors, businesses regulated by the General Assembly and other interests, including organized labor, were among those giving through traditional PACs.
And joining the ranks for the first time are corporations, which can give under a 2011 law passed by the Republican-led General Assembly. In 2010, the GOP boosted its Senate majority and gained operational control of the House.
Top five Tennessee PACs in donations:
1) Federal Express PAC: $101,582
2) AT&T Tennessee PAC: $93,100
3) Wine & Spirits Wholesalers PAC: $78,100
4) Independent Medicine's PAC TN (physicians): $66,850
5) Tennessee Parents/Teachers Putting Students First: $65,40
Top five collectors of PAC money:
1) Senate Finance Committee Chairman Jack Johnson, R-Franklin: $88,242
2) Sen. Doug Overbey, R-Maryville: $80,650
3) House Speaker Beth Harwell, R-Nashville: $79,484
4) Senate Speaker Ron Ramsey, R-Blountville: $66,400
5) House Majority Leader Gerald McCormick, R-Chattanooga: $65,100
Occupiers Consider De-Camping From Legislative Plaza
As state lawmakers prepare to move forward this week with plans to evict Occupy Nashville from Legislative Plaza, the Tennessean reports that protesters are considering the idea of temporarily shutting down the encampment on their own as a possible next step.
"I think being out here during the winter months is risking people's health," said D.J. Hudson, 23, one of the Occupy Nashville protesters arrested during the state's first ouster attempt in October. "I think we should plan for the spring, keep ourselves rested and return later stronger than when we left."
Hudson, a student at Vanderbilt University Divinity School, was one of about 30 protesters who attended Occupy Nashville's "next steps" meeting on Saturday. She said she came up with the idea for the group to strategically withdraw from its Legislative Plaza encampment while discussing the Occupy movement late last year with civil rights activist James Lawson.
The idea was one of four main options discussed at the meeting. Others are staying on state-owned land at Legislative Plaza, the Capitol or another building; relocating to a Metro-owned property; or dropping the government angle altogether in favor of occupying privately owned land, said protester Lindsey Krinks, also a Vanderbilt divinity student.
BCBS Launches New Fed PAC
BlueCross BlueShield of Tennessee has formed a political action committee to lobby the federal government, reports the Chattanooga TFP. The move comes with PACs in the health more than doubling their contributions to federal candidates in the last 10 years.
The Chattanooga-based organization already had a state PAC and contributed to BlueCross BlueShield's national federal PAC, spokeswoman Mary Danielson said in an email.
The organization sent out a fundraising letter to about 2,500 of its 5,300 employees statewide earlier this month, asking for contributions to both its state TPAC and federal BluePac.
"As you are well aware, with the passage of the Affordable Care Act, we are in a new political environment of opportunities and challenges for our company and industry," the letter from CEO Vicky Gregg says. "Your support of our PAC is important in giving us an opportunity to help determine who will govern us and who will set the business climate in which we operate."
The letter includes suggested monthly contribution levels for managers, directors and vice presidents. The suggested amounts range from $10 to $50 per month for the newly created BluePac and $10 to $75 per month for TPAC
Herman Cain, Beth Harwell Get TCU Tax-Axing Awards
Herman Cain, the conservative Atlanta businessman who briefly ran for the Republican nomination for president last year, will speak at the annual Reagan Day dinner of the Tennessee Conservative Union at 6 p.m. March 3 at the Crowne Plaza Hotel in Knoxville.
From Georgiana Vines:
Lloyd Daugherty, TCU chairman, said the organization will present Cain with the tax ax award for his 9-9-9 plan, which Cain described during the campaign as replacing the federal tax code with a three-part system. He will literally receive an ax, Daugherty said.
"We started the ax-the-tax award against the state income tax when we were the only ones opposing it," he said.
...TCU will celebrate its 35th anniversary as part of the evening, which will include a "Southern Conservative Caucus" of presidential candidates. Instead of taking a straw poll of individuals, there will be a mock convention. Tables will represent states, with attendees choosing a spokesperson for a candidate and then voting, he explained.
House Speaker Beth Harwell, R-Nashville, will receive an award for a proposal to rescind the state's inheritance tax, Daugherty said.
Veteran Washington County Election Administrator Fired
After more than 28 years at the helm and five days away from the start of early voting, the Washington County Election Commission voted 3-2 to fire Administrator of Elections Connie Sinks, reports the Johnson City Press.
"I had no warning," Sinks said by telephone Friday.
Exactly one week ago, Sinks fired one staff member and demoted another for sending a handwritten cover letter to three commission members in November asking that they use accompanying materials for a meeting that may or may not have occurred. An employee found the letter in a box of documents that were about to be shredded.
At that meeting, Sinks informed commissioners of her actions and blasted Chairwoman Janet Willis, and commissioners Jon Ruetz and Thomas Graham for being the recipients, or intended recipients of the letter without her knowledge and for not providing public notice of a meeting.
All three commissioners denied receiving the letter, a copy of which clearly shows them as the intended recipients. They also denied there was ever a meeting.
When she showed up Friday morning for a continuation of last week's meeting, the same three people voted to fire her after Willis stood and read aloud a prepared statement that asked for a vote on Sinks' termination.
"I had a feeling they were working behind my back," Sinks said. "I felt like there would be retribution. Basically, they felt I had humiliated the commissioners for saying they hadn't put out a public notice. Janet told me to take my pocketbook and leave my office keys and that they'd see that I got my personal items back. I went to my office and was out of there in about five minutes."
Poll Finds Santorum Leading in Tennessee GOP Presidential Primary
An American Research Group, Inc. poll of Tennessee voters finds Rick Santorum -- who has had no organized campaign going in the state -- leads the three candidates who have had campaigns going at varying as a prelude to the March 6 presidential preference primary.
From the company's website:
Rick Santorum leads the Tennessee Republican presidential primary with 34%. Santorum is followed by Mitt Romney with 27%, Newt Gingrich with 16%, and Ron Paul with 13%.
Santorum leads Romney 36% to 28% among self-identified Republicans, followed by Gingrich with 21% and Paul with 5%. Among self-identified independents and Democrats, Paul leads with 31%, followed by Santorum with 28%, Romney with 25%, and Gingrich with 3%.
Santorum leads Romney 33% to 26% among likely Republican primary voters saying they will definitely vote in the March 6 primary, followed by Gingrich with 18% and Paul with 13%. Santorum leads Romney 36% to 32% among those saying they will probably vote.
Santorum leads with 40% among likely Republican primary voters saying they are supporters of the Tea Party, followed by Gingrich with 21%, Romney with 17%, and Paul with 11%. Among likely primary voters saying they are not supporters of the Tea Party or are undecided about the Tea Party, Romney leads with 34%, followed by Santorum with 29%, Paul with 14%, and Gingrich with 12%.
Santorum leads Romney 30% to 23% among men, followed by Gingrich with 18% and Paul with 16%. Santorum leads Romney 37% to 31% among women, followed by Gingrich with 13% and Paul with 9%.
Senator, Court of Appeals Judge Debate Judicial Discipline
NASHVILLE, Tenn. (AP) -- A plan backed by Tennessee judges that would change the ethics panel that disciplines jurists is at odds with arguably the judiciary's biggest critic in the legislature -- Sen. Mae Beavers .
The differences in opinion came out this week at a debate before the Tennessee Press Association between Beavers (R-Mt. Juliet) and Court of Criminal Appeals Judge Jeff Bivins.
Beavers has long complained that the ethics board, known as the Court of the Judiciary, is dismissing too many citizen complaints against judges accused of serious misconduct.
The judges are backing legislation that would make it more difficult to dismiss a complaint against a jurist. But they still insist that the vast majority the disciplinary board be made up of judges.
The majority of members now are judges appointed by the Tennessee Supreme Court.
"I just think it looks bad when you have judges appointed by judges to judge judges," Beavers said at the debate.
Beavers wants fewer judges on the panel and thinks they should be appointed by the speakers of the House and Senate.
Continue reading "Senator, Court of Appeals Judge Debate Judicial Discipline"
Judge Blocks Chattanooga Mayor Recall Vote (again)
For the second time, a judge has ruled to block the recall election of Chattanooga Mayor Ron Littlefield, reports the Chattanooga TFP.
Hamilton County Circuit Court Judge Jeff Hollings-worth used his October 2010 decision to stop the recall effort as the basis for his ruling Friday that it should not continue.
In the previous ruling, Hollingsworth said state law trumped the City Charter, so the 9,000 petition signatures gathered by recall groups -- enough signatures under city law -- weren't enough under Tennessee law, which says more than 15,000 are needed.
An appeal was filed by Citizens to Recall Mayor Littlefield, one of the groups behind the recall effort, and the Tennessee Court of Appeals overturned Hollingsworth's decision. The appeals court said the judge jumped the gun and should have given the Hamilton County Election Commission a chance to certify the petitions.
Speaking to a packed courtroom Friday, Hollings-worth said the appeals court never said he made the wrong determination.
"They said I was premature in my decision," he said. "Other than that, we don't know what they were thinking."
But he said the process being used by the election commission for the election was "illegal" and added that the recall "will not be on the ballot" on Aug. 2.
Corker Has $7.4 Million Cash on Hand; Primary Opponent $9,375
Sen. Bob Corker raised just over $1 million from October through December of last year, bringing his year-long fundraising total to more than $6.7 million, according to reports reviewed by The Tennessean.
He spent $671,366 last year, leaving him with almost $7.4 million on Dec. 31. Corker raised about 200 times as much as his best-funded challenger, Republican Zachary Scott Poskevich, who brought in $33,069. That included $23,069 from individual donors and $10,000 from a loan Poskevich made to his campaign.
Poskevich, a Hendersonville technology consultant and Army veteran, spent $23,692 last year and had $9,375 on Dec. 31.
In the last three months of 2011, nearly three-quarters of Corker's campaign contributions -- $755,277 -- came from individual donors, including some big names in Tennessee.
Gov. Bill Haslam and his wife, Crissy, each donated $2,700. The couple has donated $10,000 to Corker during this election cycle.
Haslam's father, Jim Haslam, founder of the travel-center chain Pilot Corp., and Haslam's brother, Jimmy Haslam, Pilot's chief executive, each have contributed $5,000 to Corker's campaign. Jimmy Haslam was Corker's college roommate and his statewide campaign chairman in 2006.
...Some of Corker's donors live out of state, particularly New York and the Washington, D.C. area. Many reported that they work for financial institutions, including Goldman Sachs, JPMorgan Chase and Bank of America.
Corker, a member of the Senate Banking Committee, received more than $45,000 from the political action committees of banks and financial services companies during the last three months of 2011. Since his last election, he has received more than $1.1 million from individuals and PACs affiliated with the banking, securities, finance and credit card industries, according to the Center for Responsive Politics.
One Legislator Disputes 'Heroic Actions' of Another
State Rep. Joanne Favors says she was "stunned" to learn that state Rep. Tony Shipley had been legislatively honored for "heroic actions" in helping a man suffering a seizure at a Nashville hotel.
Favors, D-Chattanooga, a nurse by profession, said she was one of the first to rush to the aid of the man at a downtown Nashville hotel after "I heard the sound of an airway obstruction" and turned to see a man "obviously having a generalized seizure."
Favors said she had a bystander call 911 while she helped turn the man on his side to facilitate breathing and checked to see that there was no obstruction in his mouth. Shipley came up later, she said, and "stood around."
"I didn't do it expecting any recognition," she said, adding that the Nashville Fire Department paramedics who arrived quickly on the scene deserved any credit for saving the man's life.
Shipley, R-Kingsport, seemed taken aback when told that Favors said he did little, if anything, to help the stricken man.
"My goodness," he said. "That's not correct."
Shipley, a retired Air Force veteran who has paramedic training, said he administered a "jaw thrust," a maneuver to assure that a person's throat is clear for breathing, and was otherwise actively engaged.
"I was working with the guy on the floor. She was there, talking to people," he said. "I think she left before I did."
The resolution, HJR644, was sponsored by Rep. Julia Hurley, R-Lenoir City, and approved 98-0 on Thursday. The Legislature's website shows Favors among those voting for it.
"Be it resolved," the resolution says, "that we honor and commend Representative Tony Shipley for his outstanding demonstration of skill, courage, resourcefulness, and presence of mind, as we join with the citizens of Tennessee in expressing our admiration and appreciation for his heroic actions in saving the life of another."
The preamble section of the resolution says, "at a time when many health care professionals are afraid to assist in similar situations due to fear of lawsuits, Representative Shipley cast aside all concerns over personal reprisal and quickly maneuvered his way through the panicked crowd; and ... with great presence of mind, Tony Shipley kept the young man's airway open until the seizure was over and the Nashville Fire Department had arrived."
The Feb. 1 incident was initially reported by the Tennessean, which quoted Max Carter, a vice president of Franklin-based Passport Health Communications Inc., as crediting Shipley with saving the 34-year-old Passport employee. Carter said he and two other Passport employees caught their co-worker as he fell, but they were uncertain what else to do until Shipley arrived.
"As a result of Representative Shipley's quick action what could have been a truly horrible situation was averted," Carter wrote in an email that also hailed the lawmaker for disregarding the fear of lawsuits.
Judge Rules Against State Restrictions on Third Party Ballot Access
A federal judge has ruled in favor of Tennessee's Green and Constitution parties' joint lawsuit in a U.S. District Court in Nashville that claimed laws on the books violated the state constitution by making it unreasonably hard for third parties to get their names on the ballots, reports the Johnson City Press.
The decision says both the Green and Constitutional parties can have their names on Tennessee's 2012 ballot with their candidates. It also strikes down a state law declaring that the majority party's candidates are listed first on the ballot.
"This is a great victory for voters in the state, because now we've made it easier for new parties to form," said Alan Woodruff, a Johnson City attorney who announced his plans to represent the parties during a visit to the Johnson City Press last summer. "This ruling removes limitations and gives people an option. I believe in democracy and that everybody that has something to say should be on the ballot."
(Note: The full 90-page ruling is available HERE)
Woodruff, a Democrat running against U.S. Rep. Phil Roe, R-1st, said that though he is affiliated with a major party, he got involved in the suit to fight for equity for all parties.
On Feb. 3, Judge William J. Haynes Jr. ruled in favor of claims by the plaintiffs and against Deputy Attorney General Janet Kleinfelter and defendants Tre Harget, secretary of state, and Mark Goins, coordinator of elections.
Both the Green and Constitution parties are recognized by state law as a "minor" parties, which, by definition means they are required to file a nominating petition with the state's coordinator of elections. That petition must bear the signatures of a minimum of at least 2.5 percent of the total number of votes cast for gubernatorial candidates in the most recent election for governor.
Haynes wrote in his Feb. 3 order and/or judgment that he agreed with plaintiffs that that mark gives Goins leeway to raise the number at his discretion and therefore was "unconstitutionally vague, and imposes impermissible burdens on Plaintiff's First Amendment right to associate as a political party."
For a "minor" political party to get its name on the Tennessee ballot in 2012, more than 40,000 signatures would have to be collected by April 5. This law has not applied to the Republican and Democrat, or "major," parties.
Haynes wrote in his opinion that the deadline was too early and unconstitutional, and that a more reasonable number of signatures for the nominating petition would be 10,000. This will need to be settled in the General Assembly.
"Any deadline in excess of 60 days prior to the August primary for the filing of petitions for recognition as a political party is unenforceable," he wrote.
Haynes also declared that minor parties cannot be required to conduct primaries, which currently is state law. Woodruff has claimed that primaries are much too expensive, especially for smaller parties, and that nominating conventions would help relieve that burden.
The judge also enjoined the state from banning the words "independent" and "non-partisan" in a party's name as it appears on a ballot, stating it violated the First Amendment rights of free speech.
He also said the state's requirement that major parties be listed highest on ballots followed by minor parties and independents was unlawful, saying this is a violation of the Equal Protection Clause in the Forth Amendment. He also ordered the state to hold a random drawing regarding the order of party names.
He also ruled against current state law that requires signatures on nominating petitions to be accompanied by party affiliation, stating this also violated First Amendment rights to privacy and political beliefs.
(Note: The state's attorneys can appeal the decision. Meanwhile, a "caption bill" pending in the Legislature could be amended to make changes in the current law in accord with the judge's ruling.)
Ramsey, McCormick Statements Found False by Politifact
Two fairly recent comments by legislative leaders are deemed false in recently-posted items on Politifact Tennessee.
From Lt. Gov. Ron Ramsey: "This year's redistricting has been the most open, interactive and transparent redistricting process in Tennessee history." (Direct link: HERE)
From House Majority Leader Gerald McCormick: The state constitution "clearly says there's not to be a state income tax in Tennessee." (Direct link HERE)
Haslam Sidesteps Planned Parenthood Lawsuit Commentary
Jeff Woods reproduces an exchange between himself and Gov. Bill Haslam on the defunding of Planned Parenthood and, naturally, adds some commentary.
Why did your health commissioner revoke those contracts? we asked Haslam today.
Haslam: We feel very comfortable in the lawsuit and because it is a lawsuit there's not a whole lot I can say.
Q: Why would you revoke the contracts? You gave them the contracts and then you revoked them. Why?
Haslam: I think the commissioner felt like there were other people who could provide that service just as well.
Q: Why not let Planned Parenthood do it? You gave them the contracts before you revoked them.
Haslam: The commissioner felt like there were other people who could provide that service just as well.
Of course, this was just a little game we were playing. Haslam knows why the grants were taken away, and he knows we know. In fact, everyone knows. It's all part of the social conservative jihad against Planned Parenthood for having the audacity to perform a perfectly legal health care service, i.e., abortions.
Norris Withdraws Memphis Annexation Bills
State Senate Majority Leader Mark Norris said Thursday that he will withdraw two controversial annexation bills after the state attorney general opined that both are likely unconstitutional because they would apply only in Shelby County, reports the Commercial Appeal.
"As anticipated, the attorney general has confirmed these bills are constitutionally suspect. They will be withdrawn during next Monday's meeting of the state Senate," Norris said.
Norris, R-Collierville, last week pulled the bills from their second of three required readings while he awaited an advisory opinion by Tennessee Atty. Gen. Robert Cooper.
One bill would remove a large swath of East Shelby County from Memphis' annexation reserve area; the other would require annexations initiated by any municipality in Shelby County to win approval, in referendums, of a majority of people being annexed and voting in the referendum.
The bills have prompted the Memphis City Council to initiate annexation proceedings toward the Fisherville area containing more than 17,000 people east of Cordova to the Fayette County line. That move is likely to be halted if Norris withdraws the bills.
The attorney general's opinion says both bills are "constitutionally suspect" because they attempt to alter the statewide law that governs municipal annexation but only in one county, Shelby.
Haslam Acknowledges 'Mixed Reviews' on Classroom Size Bill
By Erik Schelzig, Associated Press
NASHVILLE, Tenn. -- Gov. Bill Haslam acknowledged Thursday that his class size proposal has received with "mixed reviews," but vowed to press ahead with the measure intended to help schools fill high-priority teaching positions.
The Republican governor said in a speech at a luncheon hosted by The Associated Press and the Tennessee Press Association that his administration is still working to build support for the measure that would do away with average class size restrictions.
"It has been met with mixed reviews -- I guess that's a charitable way to say it," the governor said in a speech to state editors and publishers.
Under current law, elementary school classes are capped at 25 students, but schools can maintain an average of no more than 20 students per class. Haslam says getting rid of the latter provision would free up money for schools to pay more for teachers in key locations or subjects.
"We think that flexibility is very, very helpful," he told reporters after his speech. "The answer is not, I agree, to just increase class size to free up more money to do other things. That's not the right answer."
House Speaker Beth Harwell, R-Nashville, said the proposal has met with some resistance.
Continue reading "Haslam Acknowledges 'Mixed Reviews' on Classroom Size Bill"
Haslam Hails Grant of NCLB Waiver
News release from governor's office:
NASHVILLE - Tennessee Gov. Bill Haslam today lauded the approval by U.S. Department of Education officials of Tennessee's waiver request from certain portions of the federal No Child Left Behind Act (NCLB).
Tennessee was the first state to request a waiver and was one of only 10 recipients of the first round of waivers. The Adequate Yearly Progress (AYP) accountability model under NCLB has been an ongoing obstacle for schools and districts because it does not fully account for schools' growth.
"Tennessee schools have continued to make progress over the past decade that NCLB has been law, but the rigid and unrealistic AYP accountability model labeled some of these schools as failures despite meaningful improvement," Haslam said. "We've implemented rigorous standards in Tennessee, and Tennessee received this waiver because of our commitment to improving education for all of our students."
Under the waiver, Tennessee proposes to raise overall achievement by 3 to 5 percent each year and to cut achievement gaps in half over an 8-year period.
To track progress, the U.S. Department of Education required Tennessee to identify three groups of schools:
· Reward schools: 10 percent of schools throughout the state with the highest achievement or overall growth.
· Focus schools: 10 percent of Tennessee's schools with the largest achievement gaps.
· Priority schools: The bottom 5 percent of the state's schools in terms of academic performance.
"It's just not helpful or realistic to label schools and districts as failing, especially when they are making significant academic gains," Tennessee Department of Education Commissioner Kevin Huffman said. "This waiver is all about approving achievement for all students while closing persistent achievement gaps."
Tennessee's approved waiver can be found at the Tennessee Department of Education's website: www.tn.gov/education, and for more information, contact Kelli Gauthier with the department at (615) 532-7817 or firstname.lastname@example.com.
Transcript of Obama's Remarks on NCLB Waiver
Office of the Press Secretary
For Immediate Release February 9, 2012
East Room
THE PRESIDENT: Please have a seat, have a seat. Thank you so much. Well, hello, everybody, and welcome to the White House.
I want to start by thanking all the chief state school officers who have made the trip from all over the country. Why don't you all stand up just so we can see you all, right here. (Applause.) It's a great group, right here. Thank you. And I want to recognize someone who is doing a pretty good job right here in Washington, D.C., and that is my Secretary of Education Arne Duncan. Love Arne. (Applause.)
Continue reading "Transcript of Obama's Remarks on NCLB Waiver"
State Revenue Rose Again in January
News release from Department of Finance and Administration:
NASHVILLE - Tennessee tax collections continued an upward trend in January, reflecting December consumer spending during the holiday buying season. Finance and Administration Commissioner Mark Emkes today announced that overall January revenues were $1.056 billion, which is $37.1 million more than the state budgeted. It's the sixth consecutive month of positive growth this fiscal year, with sales tax collections once again contributing heavily to the upward trend.
"For nearly two years, we've seen growth in sales tax collections, with January being the 22nd consecutive month in which sales taxes have recorded positive growth," Emkes said. "Holiday sales brought positive growth across Tennessee and the nation, indicating that the economy continues to slowly recover from the worst recession on record.
"Still, due to the uncertainty surrounding resolution of the federal budget, we'll continue to monitor state spending and work closely with the legislature in order to end the fiscal year with a balanced budget as required by the state's constitution."
On an accrual basis, January is the sixth month in the 2011-2012 fiscal year.
The general fund was over collected by $25.9 million and the four other funds were over collected by $11.2 million.
Sales tax collections were $27.6 million more than the estimate for January. The January growth rate was positive 7.47%. For six months revenues are over collected by $84.0 million. The year-to-date growth rate for six months was positive 6.53%.
Franchise and excise taxes combined were $1.2 million above the budgeted estimate of $156.1 million. For six months revenues are over collected by $144.6 million.
Gasoline and motor fuel collections for January increased by 3.73% and were $3.4 million above the budgeted estimate of $69.3 million. For six months revenues are over collected by $0.4 million.
Tobacco tax collections were $2.4 million below the budgeted estimate of $21.6 million, and for six months they are $8.8 million under the budgeted estimate.
Inheritance and estate taxes were over collected by $2.9 million for the month. Year to date collections for six months are $8.5 million more than the budgeted estimate.
Privilege tax collections were $2.7 million more than the January estimate, but on a year to date basis, August through January, collections are $4.3 million below the estimate.
All other taxes were over collected by a net of $1.7 million.
Year-to-date collections for six months were $231.3 million more than the budgeted estimate. The general fund was over collected by $214.2 million and the four other funds were over collected by $17.1 million.
The budgeted revenue estimates for 2011-2012 are based on the State Funding Board's consensus recommendation of April 15, 2011 and adopted by the first session of the 107th General Assembly in May. They are available on the state's website at http://www.tn.gov/finance/bud/budget.shtml.
The State Funding Board met on December 9th and 14th to hear updated revenue projections from the state's various economists. The board met again on December 19th and adopted revised revenue ranges for 2011-2012. The revised ranges assume an over collection of $187.8 million to $220.5 million in total taxes and $177.0 million to $209.6 million in general fund taxes from the fiscal year 2012 budgeted estimate.
Protests of 'Don't Say Gay' to Continue
NASHVILLE, Tenn. (AP) -- Opponents of a measure that seeks to ban Tennessee public schools from teaching about gay issues said Wednesday they will continue to show up in large groups to protest the legislation.
The proposal, dubbed the "Don't Say Gay" bill, is sponsored by Rep. Joey Hensley and was scheduled to be heard in the House Education Subcommittee.
The Hohenwald Republican, who chairs the subcommittee, said he wanted to be out of the committee room by a certain time so he delayed taking up his bill and others until next week.
"It was just last on the calendar and there were three or four bills left," he said. "If we would have had time we certainly would have heard all the bills. We'll put it on the calendar first next week."
Chris Sanders is chairman of the Nashville committee of the Tennessee Equality Project, which organized the gathering of protesters, most of whom were wearing purple.
He said he doesn't view Hensley's decision as disrespectful, but that the protesters will be "keeping the pressure on."
Protester Eric Patton said he didn't necessarily object to Hensley's proposal being delayed because he doesn't want to see it voted on at all.
"The longer it's not in the law, that's OK with me," said the 21-year-old.
The companion to Hensley's proposal passed the Senate last year. It limits all sexually related instruction to "natural human reproduction science" in kindergarten through eighth grade.
Hensley said he plans to amend the House version to say the same thing, and believes it will pass.
Opponents of the legislation fear it would prevent teachers and others from speaking out against the bullying of gay teens.
Read HB0229 at http://capitol.tn.gov .
TN To Get $146 Million in Settlement With Mortgage Servicers
NASHVILLE, Tenn. (AP) -- Tennessee's share in the $25 billion agreement with five mortgage servicers will be an estimated $146 million.
State Attorney General Bob Cooper said Thursday the agreement, once approved in court, provides major and tangible relief to distressed homeowners who need the help now.
State banking commissioner Greg Gonzales said provisions in the agreement protect consumers now and are similar to what he called common sense treatment that Tennesseans are likely to receive from smaller community lenders.
Officials urged Tennesseans to consult http://www.KeepMyTNHome.org .
Tennessee, Nine Other States Get NCLB Waivers
WASHINGTON (AP) -- President Barack Obama on Thursday will free 10 states from the strict and sweeping requirements of the No Child Left Behind education law in exchange for promises to improve the way schools teach and evaluate students.
The move is a tacit acknowledgement that the law's main goal, getting all students up to par in reading and math by 2014, is not within reach.
The first 10 states to receive the waivers are Colorado, Florida, Georgia, Indiana, Kentucky, Massachusetts, Minnesota, New Jersey, Oklahoma and Tennessee, the White House said. The only state that applied for the flexibility and did not get it, New Mexico, is working with the administration to get approval.
Obama said he was acting because Congress had failed to update the law despite widespread agreement it needs to be fixed.
"If we're serious about helping our children reach their potential, the best ideas aren't going to come from Washington alone," Obama said in a statement, released before the official announcement later Thursday. "Our job is to harness those ideas, and to hold states and schools accountable for making them work."
A total of 28 other states, the District of Columbia and Puerto Rico have signaled that they, too, plan to seek waivers -- a sign of just how vast the law's burdens have become as the big deadline nears.
Continue reading "Tennessee, Nine Other States Get NCLB Waivers"
Two Stories on Impact of Social Agency Budget Cuts
Center for Child Welfare to Close
The governor's budget would effectively kill MTSU's Center for Child Welfare by ending a contract with the Department of Children's Services next fiscal year, reports the Daily News Journal.
The center, which is responsible for training social workers across Tennessee, employs nearly 60 people who are based at the Bank of America building in Murfreesboro. It runs social worker training with eight universities across the state through a $14 million state contract with the Department of Children's Services.
Interim Director John Sanborn predicted 80 to 90 people would lose jobs if the contract is not renewed. It is the center's main contract and makes up 99 percent of its work.
"We will no longer exist if this happens," Sanborn said.
Under Gov. Bill Haslam's budget proposal, the state would see a savings of $11.7 million, some $3.1 million of which would be from the state level, according to a state spokeswoman.
DCS would bring the training service "in-house" and hire several positions to replace those lost through the Center for Child Welfare, Suddarth said.
Family Service Agencies Cut
Some local folks are decrying a cut in Gov. Bill Haslam's proposed budget that could mean the end for the Family Resource Center, which provides a myriad of important services for Sevier County residents, reports the Mountain Press.
A letter-writing campaign is being mounted in support of the local agency, which is led by Kim Loveday, and the 103 other ones across the state in hopes Haslam or state lawmakers will be swayed to save the funding. If he doesn't, it could slash a big hole in a safety net that protects at-risk children, provides education for new parents, allocates resources to help pregnant teens and watches out for the elderly.
Loveday, an eternally busy woman who speaks quickly and with deep passion about the cause she leads, says there's no certainty what will happen if the state funding is lost. While the agency also gets money from county and federal coffers, it's unlikely those sources would be able to step up to cover the shortfall, meaning she may have to close her doors.
"We just don't know because there could be a way that it survives, but who has the money right now to make that up? Everybody is trying to keep their budgets tight," she says. "Right now it looks like all the centers are likely to be closed unless something is changed."
Garage-Built Boat Tagged With $539 Tax Bill
The Tennessee Department of Revenue is threatening court action against a Murfreesboro man who built a small wooden boat in his garage with his 7-year-old son, according to WSMV-TV.
The state says that makes him a boat dealer and subject to paying extra taxes. The boat is 14 feet long and made of wood. The family ordered the plans over the Internet because 7-year-old Carter loves to fish with his dad. But when the Kings registered their boat and paid the boat registration fees, the nightmare started.
Letters from the Tennessee Department of Revenue say that because the Kings are boat dealers and manufacturers, they have to pay $539 dollars in taxes on the boat. Johnathan King thought there was a mistake, so he called the auditor assigned to his case.
"I explained to them that this is just a wooden craft built in the garage, and they indicated that they knew that that was what this was," King says.
Revenue didn't back down from insisting they were dealers, and warned the family the state could get injunctions or even pursue misdemeanor charges if they didn't pay the taxes.
Knox Commissioner Seeks Censure of Sen. Campfield
Knox County Commissioner Sam McKenzie wants Stacey Campfield's state Senate colleagues to censure him over recent controversial remarks the Knoxville Republican made about gays and the origin of the AIDS epidemic, reports Mike Donilla.
He is spearheading a County Commission resolution that directs the board's chairman to ask state Sen. Becky Duncan Massey, R-Knoxville, to initiate proceedings against Campfield.
"For a New York educated gentleman, he's really come down here and put a tarnish on the people of Knox County with these outlandish statements," McKenzie said. "A censure is a reprimand and I think it's called for in this particular case."
Campfield made national news in late January after he blamed the AIDS virus on "a guy screwing a monkey" and called the disease "virtually impossible" to contract via heterosexual intercourse. He made the comments during a radio interview on Sirius XM's gay-lesbian channel, OutQ.
A few days later, Martha Boggs, owner of the Bistro at the Bijou, kicked him out of her downtown restaurant in disgust.
Prior to the radio interview, the senator made national headlines as sponsor of the so-called "don't say gay" bill. Campfield calls the bill, "don't teach gay." It passed the state Senate last year after being revised to permit only sexuality involving "natural human reproduction" to be discussed in public schools. It still awaits a House vote.
Campfield on Wednesday said he believes McKenzie's opposition really stems from the bill and "this is just one of those old tactics that they use to try and scare people away (from supporting it)."
"The liberals always appreciate everybody's point of view until someone actually has another point of view," Campfield said. "(McKenzie) thinks we should have sex education on homosexuality taught in schools. I don't."
Massey said she had not heard about McKenzie's proposal and was noncommittal about it Wednesday.
"We'll just wait and see what happens," she said, before listing a number of Legislative activities including budget hearings, that would take up her day. "Right now, that's where my focus needs to be."
Chattanooga To Get Bill for Recall Election
The Hamilton County Election Commission plans to bill the city of Chattanooga for the legal fees resulting from Mayor Ron Littlefield's recall challenge, according to the Times-Free Press.
The commission, which is funded by the county, has racked up at least $9,000 in legal bills since Littlefield filed suit in April to stop the commission from certifying recall petitions and related court action.
"I think the city whose charter has caused this problem should reimburse the citizens of Hamilton County," Chairman Mike Walden said Wednesday during an election commission meeting. "The citizens of Hamilton County shouldn't be paying for the actions of City Council."
'Netflix Bill' to Stand As Is
The revision planned for last year's controversial "Netflix bill" has been deemed unnecessary by the legislation's sponsor, according to TNReport.
House Majority Leader Gerald McCormick, who withdrew the rewrite bill from consideration Wednesday, said prosecuting lawful account sharing was not the intent of the bill.
"For you to be breaking the law it required criminal intent -- and...sharing inside the family under the terms of the subscription agreement certainly cannot, and does not, meet that test," said the Chattanooga Republican.
Netflix, and other subscription services, have user agreements that allow sharing and for account sharing to be considered criminal intent, the individual in question would have to be making money from the act. The original bill was carried by McCormick with, he said, the intention of protecting intellectual property rights of musicians by limiting the sharing of passwords for subscription-based services like Rhapsody.
...The bill was perceived by some to potentially make it illegal for family members and close friends to share their passwords for subscription video services like Netflix...After reviewing the subscription agreements and the language of the bill, McCormick said that a revision isn't needed.
Democrats Launch Drive Against Haslam's Classroom Size Bill
News release from Tennessee Democratic Party:
NASHVILLE -- The Tennessee Democratic Party launched Wednesday an online petition drive opposing Governor Bill Haslam's proposal to eliminate average class size requirements at public schools. Chairman Chip Forrester released this statement to accompany the petition:
"Parents and teachers know first hand what difference small class sizes make in improving student learning. It's common sense; the fewer students in a classroom, the more time a teacher can spend with each individual student.
"If our goal is to improve student learning, Governor Haslam's plan to increase class sizes is the wrong way to go. It's a bad idea that shortchanges our kids' future.
"We can't afford to settle for anything but the best in Tennessee's classrooms because the countries our kids will be competing with for the jobs of the 21st century -- China, Japan, India -- aren't settling either.
"In tough economic times, education is an easy target for cuts, but nothing could be more short-sighted. When parents are stressed at home because they've lost a job, children need more strong, effective teachers, not less. When jobs are scarce, there's no better time for young people to get that degree or for workers who've been laid off to go back and re-train.
"It's time to recommit to our kids, our workers, and our future by making sure Tennessee has the best educated children in the nation."
The Tennessee Democratic Party will deliver the petition and comments to the governor's office in the coming days.
Online at: http://tndp.org/blog/take-action/tell-governor-haslam-class-size-matters/
Marijuana Found at ABC Director's Home
When law enforcement officers saw what appeared to be a small amount of marijuana when at the home of Danielle Elks, director of the state Alcoholic Beverage Commission, they did not launch an investigation, reports WSMV-TV.
Apparently, that related to the circumstances. The officers went to the home last October to notify Elks that her husband had been killed in a traffic accident.
Elks was married to Joel "Taz" Digregorio, the beloved keyboardist in the Charlie Daniels band.
When Digregorio was killed in a car crash on Oct. 12, a THP trooper and two Dickson County deputies went to his home for a death notification.
Elks was in Memphis at the time, but the officers didn't know.... According to the police summaries, the officers found the back door open and entered, concerned there may have been an intruder and wanting to check on the welfare of the occupants.
When the deputies and the state trooper went in, the deputies say they saw what they both suspected to be marijuana on the kitchen table, describing it as a "green, leafy substance."
The deputies also found rolling papers, and noted that there was a Governor's Marijuana Eradication Task Force sticker in the kitchen.
One of the deputies wrote, "It (the suspected marijuana) was brought to the attention of the THP officer."
One of Elks' business cards was also found in the home.
A source close to the investigation confirmed there was no attempt to collect the substance, and the THP trooper never launched an investigation.
The ABC employee said it sends the wrong message, and that if drugs are found at an average citizens' home, even under terrible circumstances, it can still be investigated.
"If you've got two people living in the same house, and they don't know what the other is doing, there's something bad wrong," the ABC employee said.
Digregorio's autopsy showed both alcohol and marijuana were in his system when his car crashed.
"Some people at home seeing this might be saying, the woman just lost her husband. Give her a break," Finley asked.
... The Channel 4 I-Team was respectful of Danielle Elks given her recent loss, but we did ask her to speak with us to give her side of this story. She declined.
Haslam: TN Will Be 'Critical' in GOP Presidential Primary
From WPLN, reporting on Gov. Bill Haslam's reaction to Rick Sanatorum's Republican presidential primary wins in other states.
When asked what Haslam makes of Santorum's newfound momentum, the governor joked he's been wrong in predictions about the race several times already. But Haslam said he expects a long primary season, and that Tennessee will play a "critical" role with its vote next month.
Haslam also says he doesn't buy the argument that Romney's struggle to fend off conservative challengers reflects a divided GOP.
"It seems like any primary that's contested you always hear that. It was that way with President Obama and Secretary Clinton in the last primary. I think there's always a sense of 'We don't like the options here.' People say that on the front end and as it plays out, some - most of that gets forgotten as a candidate is chosen."
Haslam said as a Romney backer he'd make appearances and reach out to contacts as the campaign asks. Early voting in Tennessee's primary starts next week.
Fitzhugh: 5,300 Teaching Jobs Lose State Funding Under Haslam Bill
House Democratic Leader Craig Fitzhugh's op-ed column, sent to media after appearing in the Commercial Appeal:
It's your daughter's first day of kindergarten. She's excited, but also scared to be leaving Mom and Dad. You tell her it will be all right, that her teacher will take care of her and that she'll make lots of new friends.
But as you open that classroom door, you're shocked to see dozens of other children, all going through the same emotions as your daughter. Some are crying, some are yelling and several are trying to run out of the room. You wonder how your daughter will get the attention she needs from her teacher, who will struggle simply to find space for everyone. Suddenly, you're feeling the same nerves as your daughter -- but for an entirely different reason.
A proposal from Gov. Bill Haslam would permit public school districts in Tennessee to create classes with larger numbers of children and, as a result, would decrease the individual attention our children receive from their teachers. The plan could also result in thousands of teacher layoffs, unbearable financial burdens on local governments and a reversal of the progress we have made in our schools.
We support the governor's efforts to enact meaningful reform and provide the education our children deserve. That's why we passed Tennessee's Race to the Top legislation two years ago, enabling our public schools to measure performance, better train teachers and support innovative ideas.
But the governor has made a mistake by pushing this year to allow larger class sizes in elementary and middle schools, a move that members of his own party have opposed. Removing the state's average class-size requirement means schools would put more students in every classroom, while laying off thousands of teachers at a time when we need them the most.
Continue reading "Fitzhugh: 5,300 Teaching Jobs Lose State Funding Under Haslam Bill"
SOS Hargett: Waynesboro Makes Photo ID History Without Foulups
News release from secretary of state's office:
Waynesboro made history Tuesday by holding the first election since Tennessee's voter photo identification law went into effect.
Although there are some exceptions, the law generally requires voters to show valid photo identification before casting their ballots. The purpose of the new law, which took effect Jan. 1, is to safeguard against a type of election fraud known as voter impersonation.
In all, 354 voters cast ballots in the Waynesboro city election, including 37 who voted absentee.
As expected, there were no problems related to the implementation of the new law.
"The successful election in Waynesboro demonstrates the hard work election officials have put forth in implementing the law," Secretary of State Tre Hargett said. "Most people understand why it's important that poll workers be sure that the people casting ballots are who they say they are. And most voters don't mind showing photo IDs, as they must do in order to perform many tasks in everyday life. I commend Wayne County election officials for their hard work in making this election such a success."
The first statewide election under the photo ID law will be the March 6 presidential primary.
Acceptable forms of identification, current or expired, include:
•A driver license, provided it has a photo
•A United States passport
•A photo ID issued by the Tennessee Department of Safety and Homeland Security
•A photo ID issued by the federal or any state government
•A United States military photo ID
•A gun permit with a photo
College student IDs are not acceptable.
Voters who forget to bring photo IDs to the polls can cast provisional ballots, then go to their county election commission offices within two business days with proper proof of identity.
Photo IDs are not required for people who vote absentee or are voting from a hospital, nursing home or assisted living facility. People who are unable to afford the cost of obtaining a photo ID or have religious objections to being photographed are exempted from the law.
For questions about the law, visit www.GoVoteTN.com or call toll free 1-877-850-4959.
Educators Resisting Haslam's Plans on Classroom Size
By Erik Schelzig, Associated Press
MOUNT PLEASANT, Tenn. -- Gov. Bill Haslam's plan to lift a cap on class size averages is meeting resistance from educators, but the Republican calls the proposal a key element to his effort to allow school districts to raise teacher pay.
Haslam told reporters after a visit to a Maury County middle school Tuesday that Tennessee is alone in setting both maximum total and average class sizes.
"We're the only state that does that, so I think that's worth looking at," he said.
Removing the average size requirement would allow schools to have larger classes, meaning the total number of teachers could drop.
"Lifting the maximum average class size would give local school boards, if they wanted it, some flexibility to pay some teachers more, but no teacher would be paid less," Haslam said. "That ability to pay some teachers more for hard-to-teach subjects in hard-to-teach places is very important."
Continue reading "Educators Resisting Haslam's Plans on Classroom Size"
VA Cuts Substance Abuse Treatment for Veterans
MURFREESBORO, Tenn. (AP) -- The VA medical center in Murfreesboro has suspended housing for veterans seeking substance abuse treatment after officials said they don't have staff to oversee the patients 24 hours a day.
Chris Conklin, a spokesman for the Alvin C. York campus, said after reviewing the supervision at the lodging area, VA leadership including Tennessee Valley Healthcare Systems Director Juan A. Morales decided to put the housing on hold Jan. 31.
"Leadership thought it was appropriate to suspend the boarding program until the issue regarding 24-hour supervision could be resolved," Conklin said.
Conklin told The Daily News Journal that last year more than 1,600 patients participated in the 28-day program and about 400 annually used the lodging on the campus (http://on.dnj.com/wnFPwp).
Conklin said there were no safety incidents reported in the housing. The treatment program will continue and those veterans needing housing will have to find it through the VA's social work program, Conklin said.
"The substance abuse treatment program has always been an outpatient program," Conklin said.
Bill Mitchell, a retired VA substance abuse counselor, sent a letter to U.S. Rep. Diane Black, who represents Murfreesboro, stating his concerns about the housing suspension. He told the newspaper that a majority of veterans who are treated for substance abuse are homeless and enrollment in the program dropped to just four people when housing was stopped.
"To me, there was a real need for this program because it addressed the substance abuse issue and the homeless piece," Mitchell said.
Mitchell said in the past a recent graduate of the substance abuse program would be paid a small stipend to oversee the housing and it was renovated two years ago to add more beds, including some for women.
3rd District Clash of the Titans: Tommy Hopper vs. Chip Saltsman
Dairy executive Scottie Mayfield hired an experienced political consultant and started a campaign Facebook page in recent days, signaling early signs of life in his congressional bid, reports the Chattanooga TFP.
On Tuesday, Mayfield said he hired Tommy Hopper, of Jackson, Tenn., a former Tennessee Republican Party chairman who counts Gov. Don Sundquist and President George H.W. Bush among his list of past consulting clients. (More recently, Hopper oversaw the 2010 election of Stephen Fincher in Tennessee's 8th District.)
"He knows more about this than I do," said Mayfield, who on Friday announced he would challenge U.S. Rep. Chuck Fleischmann in Tennessee's 3rd Congressional District Republican primary.
Reached by phone, Hopper confirmed his employment with Mayfield but declined further comment. According to its website, The Hopper Group specializes in advertising, polling, research, fundraising and social media.
Robin Smith, a top rival to Fleischmann in 2010 who hasn't endorsed or affiliated with any campaign this year, said Hopper is "extraordinarily familiar" with Tennessee's political scene.
"It kind of puts others on notice that [Mayfield] knows how to play the game in all aspects," said Smith, a former GOP state chairwoman. "Tommy Hopper knows how to play hardball."
Smith and others said "hardball" -- opposition research, negative advertising and other dark arts of the campaign trail -- could be essential for the easygoing Mayfield, president of Mayfield Dairy.
Chip Saltsman, Fleischmann's chief of staff who ran former Arkansas Gov. Mike Huckabee's 2008 presidential campaign, is known as a hard-nosed consultant, and in 2011 he was sued by a former Smith aide for defamation and slander. The suit still is in litigation in Davidson County Circuit Court
Ramsey: Occupy Nashville 'Really Not a Protest'
An "open letter" emailed by Lt. Gov. Ron Ramsey's office:
Dear Friend,
As you may be aware, a group known as Occupy Nashville has essentially taken up residence on War Memorial Plaza across the street from the Capitol. While describing themselves as protesters, they are actually something quite different.
Average protesters, usually on some defined day centered around a specific issue, march or congregate en mass to demand redress of a specific grievance. Normal protests can get loud and they can get rowdy. Frequently, they can last long into the night. On rare occasions, they can last a few days.
Occupy Nashville is quite a different animal. This protest is not really a protest at all. It is, as the name implies, an occupation. I value our constitutional rights -- the freedom of speech most of all. Without the freedom to directly confront our leaders, our constitution isn't worth the parchment on which it's printed.
Whether from the left or the right, I appreciate people engaging their government.
However, to continue to ignore the reality of Occupy Nashville would be to shirk my duties as a public servant. I have to tell the truth and the truth is this: your War Memorial Plaza - a place dedicated to Tennesseans who paid the ultimate price in service to their nation and fellow citizens - is no longer a place for visitors. It is unsightly, it is unclean and, depending on the time of day, it is downright dangerous.
While the initial "Occupiers" may have started out with good intentions, their movement has been infiltrated and co-opted by the homeless in Nashville. Unsurprisingly, amongst the homeless population there is a distinct criminal element. In Occupy Nashville, this criminal element has found safe haven and justification for their lifestyle.
While the crimes committed in and around the Plaza run the gamut, several of the incident reports I have reviewed have alarmed me. From public sexual behavior to narcotics trafficking to assault, the criminal element surrounding Occupy Nashville has made a visit to our State Capitol more than unpleasant.
For example, a legislative employee standing in a bottom floor courtyard was recently urinated on by someone connected to the occupation.
This is disgraceful.
The Occupiers are not merely a nuisance with a blatant disregard for societal norms -- they have become dangerous. I have reviewed paperwork from both Metro Police and the Tennessee Highway Patrol and seen reports that include threats of bodily harm by people with knives and other weapons.
One report I read particularly disturbed me because it affected young students here to learn about their Capitol: a homeless member of Occupy Nashville exposed himself in full view of students on a field trip.
A cursory glance at media coverage paints a very unsavory picture: a public brawl occurred on the Plaza on Christmas Day followed by a brazen act of arson in time for the New Year.
In essence, open acts of sex, drug use and violence you wouldn't expect in an "R" rated movie are at times on full display on your War Memorial Plaza.
It saddens me because every year students from Tennessee schools visit our state capitol to learn about their government and see a very moving War Memorial dedicated to Tennesseans who died for their countrymen over the last 100 years. This year my advice to teachers looking to bring students here would be simple: stay home. I cannot in good conscience recommend the Capitol as a class trip destination at this time. I'm embarrassed to say it but it is the truth.
I hope and pray this situation will be resolved sooner rather then later and I can once again wholeheartedly recommend that visitors and students come to Nashville to learn how our government works.
Again, I support our constitution and embrace with open arms our rights of free speech and assembly. Liberal judges here in Nashville and on the federal bench can try and twist the law however they want but the reality is clear: this occupation has gone beyond speech and assembly and become an embarrassment -- both to causes Occupy purports to support and the state of Tennessee at large.
Ron Ramsey
A New Proposal for Legislator Term Limits
Rep. Art Swann, R-Maryville, says some colleagues have urged him not to push for a vote on a plan that could impose a 12-year term limit on service in the state House, but he plans to move forward anyway.
Swann's proposal, HJR625, filed Feb. 1, proposes an amendment to the state constitution that would increase the term for a state representative from two years to four years, but then impose a three-term limit in consecutive service.
Under the plan, if the Legislature approves, the question of amending the constitution would go before voters in the 2014 election and then, if approved in the referendum, take effect for legislators elected in the 2016 elections.
Straightforward term limits for legislators have been proposed several times in the past, but never reached the point of a floor vote. Swann said his proposal, by coupling longer terms with the limits, should have a better chance.
Also, the plan calls for implementing term limits on a phased-in basis "so you don't end up flushing everybody out all at once," he said.
Further, he said, he addresses concerns voiced by opponents of term limits about losing "institutional knowledge" since the proposed amendment would not apply to state senators.
The idea of term limits, Swann said, is highly popular "with the people who elect us" in the general public and among many legislators, "particularly freshman Republicans. Still, there is enough opposition among other lawmakers - such as those asking him not to push for a vote - to make passage "an uphill battle."
Swann said he intends to put the proposal "on notice" for a vote in committee next week.
Bill Makes Crime of Falsely Claiming Military Service
Rep. Bill Dunn, R-Knoxville, won committee approval Tuesday of a bill that would make it a crime to falsely claim to have served in the United States armed forces.
Dunn said he and Sen. Becky Duncan Massey, R-Knoxville, were inspired to sponsor HB2491 by a constituent who had seen a tombstone naming the deceased as having served in World War II. He declined to name the person involved.
A current law would already apply in some situations, Dunn says, but the bill would broaden the current law to cover "all ways to steal the honor of serving in the military.. that someone else deserves."
The bill would punish a false claim of military service as a Class B misdemeanor, which carries a maximum penalty of six months in jail, a $500 fine or both.
The prohibition would not apply to someone wearing a military uniform for theatrical, instructional or educational purposes.
Haslam's Domestic Violence Bill Delayed
Action on bill to require longer jail sentences for repeat domestic violence offenders was delayed in a House committee Tuesday amid concerns that it would impose an "unfunded mandate" on counties housing the offenders behind bars.
Safety Commissioner Bill Gibbons, spearheading efforts by Gov. Bill Haslam's administration to pass HB2389, told the House Judiciary Committee that there are "ongoing discussions" with county officials that could resolve the dispute over an estimated $8.6 million cost to county governments statewide.
Gibbons also noted the Haslam has moved to increase funding to county governments on other fronts, including allotting $3 million for cleaning up meth labs and $36 million in increased funding to counties for keeping state prisoners in local jails.
Still, David Conner of the Tennessee County Commissioners Association said his organization cannot back the bill as it stands now, even though supportive of the policy goal of combating domestic violence.
The panel appeared to be poised to pass the bill anyway, leaving the cost questions to be resolved by the House Finance Committee as a next step, until further questions were raised about the wording of the bill. Rep. Jim Coley, R-Bartlett, sponsor of the measure, then agreed with a week's delay for more discussion.
Bill to Block Pre-Trial Diversion for Officeholders Sails Ahead
The Senate has approved and sent to the House a bill that prohibits public officials from receiving pre-trial diversion for crimes committed while in office.
Such a law, had it been in effect at the time, would have apparently have prevented former Knox County Criminal Court Judge Richard Baumgartner from receiving pre-trial diversion, which allowed him to collect a state pension and will allow his criminal record to be expunged if he does not violate probation.
Sen. Randy McNally, R-Oak Ridge, referred to Baumgartner's case during Senate floor debate on SB2566, sponsored by Sen. Ken Yager, R-Harriman. McNally said the judge's situation "points out the need for legislation like this."
The bill passed unanimously during the Senate's Monday evening session, though three senators abstained. One of them, Sen. Joe Haynes, D-Nashville, was the only lawmaker to voice any concern about the bill.
Haynes said that a crime by a public officials is bad, but that it is "just as horrible" for a trusted employee to embezzle money from his or her employer. He suggested the bill would be the equivalent of declaring punishment for a given crime would be less for a person over age 65.
"Why are we going to set apart one group and treat them differently than anybody else on various crimes?," Haynes asked Yager. "If it's good for those of us who serve in public office, why wouldn't we do the same for anyone else?"
"Because a public office is a public trust and, as public officials, we ask for these jobs," said Yager, contending that a higher standard should apply to judges, legislators and others holding an elective position.
McNally, after citing the Baumgartner case, said that state law already declares some types of crimes ineligible for pre-trial diversion and the bill simply adds another category. Drawing such distinctions, McNally said, is an appropriate function for the Legislature.
The bill now goes to the House, where it is sponsored by Rep. Ryan Haynes, R-Knoxville. It is scheduled for a subcommittee vote today, which could move the bill forward for final passage by next week.
Bill to Outlaw Harboring of Illegal Immigrants Withdrawn
NASHVILLE, Tenn. (AP) -- The sponsor of a bill that would make it a felony to harbor or transport an illegal immigrant has withdrawn the measure from consideration.
The bill had been scheduled for a vote in the House Judiciary Committee on Tuesday.
Immigrants' rights activists claimed victory for the change. A news release from the Tennessee Immigrant and Refugee Rights Coalition said members and supporters had asked their legislators to oppose the measure.
Bill sponsor Rep. Tony Shipley said their actions had nothing to do with his decision.
The Kingsport Republican said his main concern was to prevent human trafficking, and other bills that have been introduced this session already address that issue.
Shipley's bill mirrors portions of a controversial Alabama law that is the subject of several lawsuits.
Bill to Evict Occupy Nashville Clears House, Senate Committees
(Note: Updates, replaces earlier post)
Unauthorized camping on state property would be subject to a $2,500 fine and up to a year in jail under legislation inspired by Occupy Nashville protesters.
The bill passed committees of both the House and Senate on Tuesday.
In the House, Rep. Eric Watson, R-Cleveland, guided the bill to 14-2 approval by the House Judiciary Committee -- which Watson chairs -- over objections from Occupy Nashville protesters and the two Democrats who voted no.
IWatson told protesters at one point, "You ought to be ashamed of yourselves." He cited the "sickening" case of a legislative staffer in a courtyard who was sprayed with urine, allegedly from a protester overhead.
About 60 protesters are currently staying in tents on the outdoor Legislative Plaza, which is also the roof over meeting rooms for the Legislature. There are two portable toilets.
"If you approve of that and you think that's peaceable assembly, you need to be peed on and see how you like it," Watson said.
The chairman and other backers of the bill said it would allow protests to continue, but not the establishment of living quarters on public property. The bill in some respects copies federal legislation that bans unauthorized camping in national parks, backers said.
Continue reading "Bill to Evict Occupy Nashville Clears House, Senate Committees"
Rep. Todd Waives Hearing on DUI, Gun Charges
NASHVILLE, Tenn. (AP) -- State Rep. Curry Todd waived a preliminary hearing on drunken driving and weapon charges and his case was sent to a grand jury on Tuesday.
The Collierville Republican lawmaker's case was in General Sessions Court in Nashville before Judge Michael F. Mondelli.
Todd was arrested on charges of drunken driving and carrying a loaded handgun while intoxicated when police stopped his vehicle in a neighborhood near Vanderbilt and Belmont universities on Oct. 11. He's also charged with violating Tennessee's implied consent law by refusing to submit to a breath-alcohol test.
Todd is a retired Memphis police officer and the main architect of a state law allowing handgun carry permit holders to be armed in bars and restaurants that serve alcohol.
He stepped down as chairman of the House State and Local Government Committee after his arrest.
Worrick Robinson, Todd's attorney, told reporters outside the courtroom that prosecutors could have used a new statute and scheduled a hearing on the implied consent issue, but waived their opportunity and bound it over with the other charges.
Todd did not talk to the media. However, Robinson said the case is "weighing heavily" on his client.
"You want to try to resolve your case," Robinson said. "But if you're going to resolve it, you have to resolve it in a way that you can live with, and that you're comfortable with. And we're not there."
Robinson said he's not sure when the grand jury will get the case. Until then, he said he will continue to review it to make sure decisions are made that are in Todd's best interest.
"You can't always evaluate the case totally early on," Robinson said. "This would give us some additional time to look at everything, to make sure we've covered all the bases and decide whether or not there's an opportunity to work out or resolve the case with the DA's office."
Bill Blocking Pre-Trial Diversion for Public Officials Clears Senate
The Senate has approved and sent to the House a bill that prohibits public officials from receiving pre-trial diversion for crimes committed while in office.
Such a law, had it been in effect at the time, would have apparently have prevented former Knox County Criminal Court Judge Richard Baumgartner from receiving pre-trial diversion, which allowed him to collect a state pension and will allow his criminal record to be expunged if he does not violate probation.
Sen. Randy McNally, R-Oak Ridge, referred to Baumgartner's case during Senate floor debate on SB2566, sponsored by Sen. Ken Yager, R-Harriman. McNally said the judge's situation "points out the need for legislation like this."
The bill passed unanimously during the Senate's Monday evening session, though three senators abstained. One of them, Sen. Joe Haynes, D-Nashville, was the only lawmaker to voice any concern about the bill.
Haynes said that a crime by a public officials is bad, but that it is "just as horrible" for a trusted employee to embezzle money from his or her employer.
"Why are we going to set apart one group and treat them differently than anybody else on various crimes?," Haynes asked Yager. "If it's good for those of us who serve in public office, why wouldn't we do the same for anyone else?"
"Because a public office is a public trust and, as public officials, we ask for these jobs," said Yager, contending that a higher standard should apply to judges, legislators and others holding an elective position.
McNally, after citing the Baumgartner case, said that state law already declares some types of crimes ineligible for pre-trial diversion and the bill simply adds another category. Drawing such distinctions, McNally said, is an appropriate function for the Legislature.
The bill now goes to the House, where it is sponsored by Rep. Ryan Haynes, R-Knoxville. It is scheduled for a subcommittee vote Wednesday, which could move the bill forward for final passage by next week.
Chevrolet Volt Purchasers Now Eligible for State Rebate
News release from Department of Economic and Community Development:
NASHVILLE, Tenn. - The Tennessee Department of Economic and Community Development announced today that Chevrolet Volt purchasers are now eligible for the state's $2,500 electric vehicle (EV) rebate. The rebate requires that consumers qualify for and participate in The EV Project, a national study on EV use and charging infrastructure deployment.
The EV Project will provide participants with a free Blink® 240V networked charge station and a credit of up to $1,200 towards its installation. To be eligible, Tennessee residents must sign an EV Project participant agreement, purchase the Volt, take delivery of the car, and have SPX Corporation install their Blink charge station by June 30, 2012. Volt owners who have already purchased and taken delivery of their vehicles are still eligible for the rebate if they are accepted into The EV Project. Consumers should contact the original selling dealer to inquire about retroactive rebates.
"The state's $2,500 electric vehicle rebate provides an extra incentive to those who want to purchase a more energy efficient and environmentally friendly vehicle," Molly Cripps, director of the ECD Energy Division, said. "We've had a great deal of interest from Tennessee consumers regarding the Volt, and I am pleased it is now eligible for rebates."
"We applaud the state of Tennessee for adding the Volt to the EV rebate program," stated Don Karner, president of ECOtality North America. "Tennessee is a vital market for The EV Project. The addition of the Volt into the rebate program ensures we will further our efforts to gather invaluable data from our already rich infrastructure in the Tennessee market."
The primary goal of The EV Project is to collect, analyze and report on the use of electric vehicles and the infrastructure needed to support them. This information includes data regarding the energy used, along with time and duration of charger use. No personal information is shared or included in the analyzed data. Participants must maintain an in-home Internet connection to transmit the data until The EV Project concludes on April 30, 2013.
In September of 2010, the state of Tennessee announced that $2.5 million had been budgeted for the electric vehicle rebate program, enabling the first 1,000 Tennessee residents who purchase either a Chevrolet Volt or Nissan LEAF SL, the opportunity to participate in The EV Project and receive a $2,500 rebate. The state rebate is in addition to a federal tax rebate of up to $7,500.
ECOtality is the project manager of The EV Project and will oversee the installation of commercial and residential charging stations in 18 major cities and metropolitan areas in six states and the District of Columbia. The project will provide an EV infrastructure to support the deployment of EVs in these key markets. The project is a public-private partnership, funded in part by the U.S. Department of Energy through a federal stimulus grant and made possible by the American Recovery and Reinvestment Act (ARRA).
For more information on the state's EV rebate program, please visit tn.gov/ecd/CD_energy_electric_vehicle_rebates.html. More information on The EV Project is available at TheEVProject.com.
About ECOtality, Inc.
ECOtality, Inc. (NASDAQ:ECTY), headquartered in San Francisco, California, is a leader in clean electric transportation and storage technologies. Through innovation, acquisitions, and strategic partnerships, ECOtality accelerates the market applicability of advanced electric technologies to replace carbon-based fuels. For more information about ECOtality, Inc., please visit www.ecotality.com.
Herd of Candidates Emerging to Succeed Joe Haynes
Barely 72 hours after longtime Democratic state Sen. Joe Haynes announced he wouldn't run for re-election, a gaggle of local politicos from both sides of the aisle confirmed Monday they are considering running for his open District 20 seat.
More from the City Paper:
Among Democrats pondering runs are At-large Councilmen Tim Garrett, Ronnie Steine, rookie District 4 Councilman Brady Banks and former At-large Councilman David Briley, a Nashville attorney who ran unsuccessfully for mayor of Nashville in 2007....Attorney Kevin Doherty is also exploring a Democratic run, according to multiple sources.
On the Republican-side confirmations are fewer, but interest is expected to pick up. Steve Dickerson, a physician who lost to Democratic state Sen. Douglas Henry in 2010, has already announced his Republican candidacy for the District 20 senate seat.
Meanwhile, former Councilman Eric Crafton, who lost a bid for an at-large council seat in the fall, confirmed Monday he's considering running as a Republican for Haynes' seat.
Maggart: Don't Trust Local Governments on Photo ID
House Republican Leader Gerald McCormick's plan to let employees of cities and counties use local government-issued ID to satisfy Tennessee's new photo-ID requirement for voters isn't sitting well with a fellow top GOP leader who sponsored the law, reports Andy Sher.
Republican Caucus Chairwoman Debra Maggart, of Hendersonville, said she specifically chose not to include city and county-government issued photo IDs for employees because she feared it might be abused by some local governments.
"I have talked to Gerald and he knows how I feel about it, that I worked very hard to model ours after Indiana," Maggart said. "I feel strongly since I know it's passed muster that's the way we should go. So he knows that."
Indiana's law was upheld by the U.S. Supreme Court.
Tennessee's law requires state or federal government-issued photo ID and doesn't include photo IDs issued by cities and counties as well as those issued by colleges and universities.
"Indiana actually had an issue," Maggart said of her reasoning. "I think it was a county government giving them [photo ID] out to people who were not county employees. So that's why we chose to remove the city and county piece of that."
McCormick said he introduced the measure at the request of Chattanooga City Councilman Jack Benson.
"He was saying he couldn't use his City Council ID to vote," McCormick said. "I thought city IDs ought to be allowed. Since then, I've found out the objection to that is it would be easier to make ... fake ids."
ET Judges Join Opposition to Taft Closing
Marion County Juvenile Court Judge Jay Blevins says a judicial delegation encompassing the entire East Tennessee region is opposing Gov. Bill Haslam's plan to close Taft Youth Development Center at Pikeville, reports the Chattanooga Times Free Press.
"Everybody in East Tennessee, both Republicans and Democrats, have stated their objections to it," he said. Taft is the oldest facility of its kind, Blevins said, and it's also the best. "Their recidivism rate is as good as it gets," he said.
"It's no Harvard or Princeton, but it is a facility where these kids can get an education. I certainly utilize Taft every week. It would be a shame to see the facility shut down."
Lee Anderson Retires After 70 Years
CHATTANOOGA, Tenn. (AP) -- Lee S. Anderson, who has been with the Chattanooga Times Free Press for 70 years, has announced his retirement.
Anderson is associate publisher and editor of the newspaper's opinion page. He will retire on April 18, according to the newspaper (http://bit.ly/yGoH0Y ).
Anderson is 86 years old and said of his career that he wouldn't change a thing. He said he was 16 when the paper hired him. When the surprised youth asked when they wanted him to start, the answer was "immediately."
Walter E. Hussman Jr., publisher and chairman of the Times Free Press, said Anderson has been inspirational because of his dedication, loyalty, work ethic and passion for newspapers.
Jason Taylor, president and general manager of the Times Free Press, called Anderson's career "nothing short of legendary."
Popular Election of Supremes Pushed Despite Haslam, Speakers
By Erik Schelzig, Associated Press
NASHVILLE, Tenn. -- Rep. Glen Casada is moving ahead with a bill calling for the popular election of Supreme Court justices, a position that's at odds with the wishes of fellow Republican Gov. Bill Haslam and the speakers of both chambers.
Casada's bill would allow for contested judicial elections in August 2014. Haslam, House Speaker Beth Harwell and Senate Speaker Ron Ramsey have called for putting a proposed constitutional amendment before the voters in November of that year seeking to cement the current system of judicial appointments by the governor followed by yes-no retention elections.
"Everybody in leadership should be accountable to the voters, first and foremost," Casada, R-Franklin, said in an interview at the legislative office complex Monday. "That's why I like the bill, and why I'm pushing it."
Casada's bill was scheduled for a vote in the House Judiciary Committee on Tuesday morning. (Update note: The vote was postponed.)
"I think I've got the votes, and my intention is to run it," Casada said.
Continue reading "Popular Election of Supremes Pushed Despite Haslam, Speakers"
A Mental Change
NASHVILLE, Tenn. (AP) -- A proposal to change the name of the state Department of Mental Health has passed the Senate.
The measure sponsored by Senate Majority Leader Mark Norris of Collierville was approved 31-0 on Monday evening.
The legislation adds "Substance Abuse Services" to the department's name.
The companion bill is being scheduled for a vote on the House floor.
Read SB2229 at http://capitol.tn.gov .
TBI Wants $500K to Buy Drugs
NASHVILLE, Tenn. (AP) -- The head of the Tennessee Bureau of Investigation is asking lawmakers for money to buy drugs.
TBI Director Mark Gwyn told the House Finance Committee on Monday that his agency has done without its "confidential fund" since it was cut from the budget in 2009. The TBI uses the money to set up sting operations on drug dealers.
Gwyn told the panel that the lack of funding means the TBI can't act on tips or requests for assistance from local law enforcement agencies.
"There's no doubt that that has affected public safety in this state," he said. "We get calls that people tell us, 'Look, I can buy drugs from this person, or we want to start a drug operation,' and we simply don't have the money."
Gwyn told reporters after the hearing that he would like to see $500,000 appropriated to get the program going again. There is no money in Republican Gov. Bill Haslam's proposal to fund the program.
"We need that money back, so we can go back to buying drugs in this state," Gwyn said.
Gwyn was asked by Rep. Tommie Brown, D-Chattanooga, what his agency is doing to fight gangs in Tennessee. Gwyn responded that he doesn't have enough agents or resources to start a gang unit, but noted that his proposal to ramp up anti-drug efforts would help.
"If we can do that, then that's going to help with the gang problem," he said. "Because a lot of gangs are into trafficking drugs."
Pension Bills Delayed in Committee
By Lucas Johnson, Associated Press
NASHVILLE, Tenn. -- Proposals to change the retirement system for public employees in Tennessee stalled Monday in the Legislature when a joint panel of lawmakers decided they need more study of the issue.
One measure before the Joint Council on Pensions and Insurance expands the statute denying retirement benefits to state employees and officials who are convicted of a felony while in office. Under the proposal, benefits would end if there's a guilty plea.
The state treasurer's office had some concerns with the legislation. It said the measure could be unconstitutional on the grounds that there's no language in the proposal to address restoration of benefits if a court later finds a person is innocent.
Senate sponsor Randy McNally, an Oak Ridge Republican and chairman of the joint committee, delayed the proposal for two weeks to address the concerns.
Darwin, Evolution Celebrated at UT (if not at the Legislature)
An emailer thought it interesting that the University of Tennessee is hosting a three-day celebration of Charles Darwin and his theory of evolution while the Legislature has pending legislation that some have criticized as an attack on evolution.
The bill (HB368) passed the House last year under sponsorship of Rep. Bill Dunn, R-Knoxville, but the Senate sponsor, Sen. Bo Watson, R-Hixson, parked it in a "general subcommittee" and never sought a vote after UT Chattanooga faculty members voiced concerns. (Last session's final post on the subject is HERE).
Watson said a few days ago that he's still thinking about whether to push the measure this year and, if so, whether amendments may be in order. As passed the House, the measure would prohibit punishment of teachers who discuss alternatives to prevailing scientific theories. Critics labeled it a backdoor means of promoting creationism. Dunn said it simply promotes "critical thinking."
Meanwhile, the UT News Service news release on celebrating Darwin this week is below. A full schedule of events is available HERE. (Note: One of the videos available for watching is entitled, Flock of Dodos: The Evolution-Intelligent Design Circus.
Continue reading "Darwin, Evolution Celebrated at UT (if not at the Legislature)"
GOP Congressmen Not Sure About Obama Merger Plans (but sure he should have done more)
Members of Tennessee's Republican congressional delegation are reserving judgment on giving President Barack Obama authority to merge several business-focused federal agencies, while being quick to criticize the Democratic leader for not doing more.
From Michael Collins report:
"It's not nearly enough," says U.S. Rep. John J. Duncan Jr. "I applaud any effort to save money in the federal government, but this really isn't even a drop in the bucket."
U.S. Rep. Chuck Fleischmann echoed Duncan's statement. "I'm always in favor of reducing the size of the federal government and making it work more efficiently. However, for President Obama to act as if this is a major step in that direction is laughable."
In his 2011 State of the Union address, Obama pledged to develop a plan to merge, consolidate and reorganize the federal government "in a way that best serves the goal of a more competitive America." In January, he laid out part of that plan.
Speaking to business leaders in the White House's East Room, Obama said he would ask Congress for the authority to merge six agencies that focus primarily on commerce and trade. Other presidents have had the restructuring authority that Obama is seeking. Congress granted that authority to the White House during the Great Depression, but let it expire in 1984 when President Ronald Reagan was in office.
Republicans Hold $3 to $1 Lead Over Democrats in Fundraising
After easily outpacing legislative Democrats and the state Democratic Party in fundraising throughout 2011, Tennessee Republicans are sitting atop a huge, 3-to-1 cash advantage over their rivals, according to an Andy Sher review of filings.
Financial disclosures filed last week with the state show the GOP collectively sitting on a $3.2 million campaign war chest as of Jan. 15. That includes the House and Senate Republican caucuses, leaders' personal campaign accounts, top leadership PACs and the state Republican Party.
That compares to about $770,000 cash in hand for Democrats.
"Wow," said Tennessee Common Caucus Chairman Dick Williams. "That's a pretty stark difference. I wouldn't have expected it to be quite that much."
But he said contributions generally flow to those in power, Republican or Democrat.
The figures were culled from filings at the state's Bureau of Ethics and Campaign Finance and Federal Election Commission filings by the state Republican and Democratic parties.
Totals don't include disclosures that rank-and-file Republicans and Democrats also filed last week with the Tennessee Bureau of Ethics and Campaign Finance.
But House Republicans' own analysis counts those dollars. It shows rank-and-file Republicans in the 64-member majority reported cash balances of $3 million, compared to just less than $1 million for the 34 Democrats.
The House GOP's 22-member freshman class reported raising some $614,550, compared to $429,500 raised by rank-and-file Democrats, the analysis found.
"I think it's a very humbling experience and an honor that the people of Tennessee have that much confidence in us," said House Republican Caucus Chairman Debra Maggart, of Hendersonville.
House Democratic Caucus Chairman Mike Turner, of Nashville, noted Republicans appear to have been helped by a GOP-sponsored law that allows direct corporate contributions.
"If we don't do something about all this money in politics, in a couple of years, we'll have the best legislature money can buy," he said.
Continue reading "Republicans Hold $3 to $1 Lead Over Democrats in Fundraising"
$19-to-$1 Claim Invites Skepticism
If you accept the conclusion of a recent study, Tennessee's Department of Tourist Development may be seen as a profit-making agency.
According to Longwoods International, $42 million in state and local government tax revenue was produced from state-sponsored advertising that promotes Tennessee as a great place to visit. The department's budget is $20 million.
Ergo, the department returned more than $2 in tax revenue for every $1 in tax money spent. All that other stuff that Commissioner Susan Whitaker and her staff do, such as operating 14 welcome centers along our interstate highways, is covered by the revenue-generating side of things.
But the Longwoods study, based on 2010 data, specifically addresses just $2.2 million in "direct advertising dollars" -- the portion that went to the newspapers, magazines, broadcasting stations and websites that ran the ads. For that portion, the report declares there is a $19 to $1 "return on investment."
Sundquist, Comptroller, Former Banking Commissioner and State Rep Had Ties to Failed Bank
A former Tennessee governor and the state's current comptroller are among public figures with ties to an East Tennessee bank whose closure by regulators was one of the state's first bank failures in nearly a decade, reports The Tennessean.
Former Gov. Don Sundquist sat on the Knoxville-based BankEast's board. He and Comptroller Justin Wilson owned shares in its holding company.
After the bank's failure last month, and the purchase of much of its assets by U.S. Bank, their BankEast stock is considered worthless.
State Rep. Joe Armstrong, D-Knoxville, also served on BankEast's board and listed the bank as a source of income in a filing with the Tennessee Ethics Commission. He received a business loan from the bank.
BankEast failed after real estate, construction and other loans went sour amid the economic downturn. The bank's 10 branches now fly the corporate flag of U.S. Bank. The Minneapolis-based company bought much of the failed bank's assets, including $272 million of loans, and assumed $268 million of deposits
BankEast's holding company, in which Sundquist, Wilson and others owned stock, wasn't part of the U.S. Bank purchase. Typically, shareholders of a failed bank lose their money because they fall behind depositors and holders of unsecured and subordinated debt on a list of priority of creditors' claims.
...Sundquist held 2 percent of voting shares in BankEast's holding company at year-end 2010, according to BankEast Corp.'s most recent annual report filing with a regulator.
The ex-governor declined to comment on his ties to the bank, whose lead founder and chairman, Fred Lawson, was banking commissioner during the Sundquist administration. Sundquist was governor from 1995 to 2003 and was a congressman for a dozen years before that.
Faulk Bill on Judicial Discipline Clears First Step
The Senate Government Operations Committee has signed off on a bill by Sen. Mike Faulk, R-Church Hill, to change the panel that disciplines judges for misconduct, but not as dramatically as a competing proposal by Sen. Mae Beavers, R-Mount Juliet.
Faulk's proposal (SB2671) would continue to allow judicial groups to appoint most members of the panel, which would be renamed the Board of Judicial Conduct. The Beavers' bill, which she began pushing last year over opposition from judges, would have the House and Senate speakers appointing a majority of members.
The Faulk bill now goes to the Senate Judiciary Committee, where Beavers is chairman and her bill is already pending.
New Wine in Supermarkets Bill Stalled at Starting Gate
The latest effort to legalize the sale of wine in Tennessee grocery stores appears stalled at the starting gate, but the sponsor insists that it's only a matter of time until the effort is successful.
Rep. Jon Lundberg, R-Bristol, on Jan. 26 filed HB2874, which would allow sales of wine in supermarkets or groceries in any jurisdiction where voters approved in a local referendum. But no companion bill was filed in the Senate and the deadline for doing so has passed, meaning the measure cannot become law.
Bills to simply grant a general state authorization for sale of wine in grocery stores in cities that already authorize liquor-by-the-drink sales have failed repeatedly in recent years in the face of strong opposition from owners of stores now licensed to sell liquor and wine.
Continue reading "New Wine in Supermarkets Bill Stalled at Starting Gate"
Environmentalist, Governor Agree: Consolidation Won't Change Things
By Erik Schelzig, Associated Press
NASHVILLE, Tenn. -- Gov. Bill Haslam's first effort to reduce state boards will merge six panels with significant environmental duties into three, affecting one with regulatory power over gas stations, including the family's Pilot Travel Centers.
The Republican insists the proposal won't diminish conservation efforts in Tennessee or present a conflict of interest for him.
Haslam is proposing to combine the Solid Waste Disposal and the Petroleum Underground Storage Tank boards; the Water Quality Control and Oil and Gas boards; and the Conservation Commission and Tennessee Heritage Conservation Trust Fund board.
John McFadden, executive director of the Tennessee Environmental Council, said he doesn't expect a noticeable change if the mergers happen because conservation interests are already sparsely represented.
"These boards are so heavily weighted to the industry side, and the reality is clean water and clean air don't have much representation on them," McFadden said in a phone interview.
"The flip side of that is you had six boards making really bad decisions, and now you're only going to have three boards making really bad decisions," he said.
Haslam, a former president of the Knoxville-based Pilot chain of truck stops, has pledged to recuse himself from matters that could the family business in which he still holds an undisclosed stake.
But the governor said he cleared the legislation on combining the boards that could affect Pilot before the measure was introduced.
"I actually talked with legal counsel and others to say that obviously that's a place that does intersect with Pilot, but really that wasn't changing the authority, it was just combining two boards," Haslam said in a recent interview.
"In this case, I think any ramifications toward me -- or increased or decreased decision-making from the governor -- didn't really impact that," he said.
Continue reading "Environmentalist, Governor Agree: Consolidation Won't Change Things"
Two NRA-Drafted Bills Filed on Guns in Cars
From the NRA's Institute for Legislative Action:
The Tennessee General Assembly is now in session and multiple bills that are crucial to law-abiding gun owners have been introduced. On January 25, Senate Bill 2992 and Senate Bill 3002 were introduced in the Tennessee Senate. The House companion bills, House Bill 3559 and House Bill 3560, were filed on the following day.
These NRA-drafted bills would prevent employers from discriminating and enforcing policies against the storage of lawfully-owned firearms in employees' locked private motor vehicles while parked at work.
Introduced by state Senator Mike Faulk (R-4), SB 3002 would recognize that hard-working Tennesseans' right to self-defense does not end when they drive onto their employer's property or into publicly accessible parking lots. It would allow firearms to be stored out of sight in a locked vehicle. Senate Bill 3002 has been assigned to the state Senate Judiciary Committee for consideration. State Representative Eddie Bass (D-65) introduced HB 3560, the House companion of SB 3002.
SB 2992, also introduced by state Senator Mike Faulk (R-4), is a Firearm Discrimination Prevention bill that would protect law-abiding gun owners from anti-gun policies by employers across the state, including forced firearm registration, random vehicle firearm searches, and "gun zone" parking lots for gun owning employees. The state Senate Commerce, Labor & Agriculture will first consider SB 2992. HB 3560, the House companion of SB 2992, was also introduced by state Representative Bass.
Link to full news release HERE.
Kingsport Alderman Challenging Shipley in GOP Primary
Kingsport Alderman Ben Mallicote plans to resign from the Board of Mayor and Alderman to challenge incumbent state Rep. Tony Shipley in the August GOP primary, according to the Kingsport Times-News..
Mallicote, an attorney, says he wants the 2nd House District seat to create jobs.
"Over the last few years, every significant economic development and job creation initiative that has benefited the people of Sullivan County has come from the city and county level," Mallicote said. "To make a significant impact and improve the lives of the people of this county, we have to have a representative in Nashville who is focused and effective at doing those things. That's why I'm seeking this office."
New Locks for Ballot Boxes
Citing state law requiring "maximum security" for election machines and ballots -- and "no direct knowledge" of just who all had keys -- Administrator of Elections Jason Booher has changed the locks at the Sullivan County Election Office, reports the Kingsport Times-News.
Booher also has purchased all new padlocks for ballot boxes to be used beginning with the upcoming presidential preference party primaries.
... The cost of 100 padlocks, two sets of 50 each ($4.50 each) keyed differently, was $515.71. "When I checked with several other counties who have replaced locks I found that they had paid $11.98 per lock, after checking prices at various retailers we only paid $4.50 per lock, so we got an outstanding deal!"
The cost to have the door locks with copy proof keys was $289.00.
UT Folk Happy With Haslam Budget
University of Tennessee officials last week praised a budget proposal from Gov. Bill Haslam that would net about $19 million in recurring funding for the system, which comes as a relief after four straight years of cuts totally $115 million, reports the News Sentinel.
"This budget is a real breakthrough, in terms of what we've been through the last few years," said President Joe DiPietro in his office on campus Thursday. "We were smiling when we heard about it, and we're still smiling now."
Haslam's budget proposal, revealed Monday, includes money for two UT buildings and 11 capital maintenance projects, along with recurring funds for employee raises, benefits and insurance premium increases, and full funding of an outcomes-based reward system passed by the legislature in January 2010.
Notably, though, the budget didn't include the entire $1.8 billion bond initiative both higher education systems advocated to execute a five-year plan to fund 43 building projects on campuses across the state. Instead, Haslam agreed to fund the first year of the plan, about $263 million in new projects and capital maintenance.
'Immigration Enforcement' Bill Parked Behind Budget
A state House bill that would allow law enforcement to check the immigration status of someone pulled over or detained was put on hold last week, at least for the moment., observes The Tennessean.
The Lawful Immigration Enforcement Act (HB1380) was moved behind the budget by a House finance subcommittee Wednesday morning. The bill's sponsor, Rep. Joe Carr, R-Lascassas, acknowledged that the move, made until an estimated $3 million can be generated to implement the measure, slows its progress.
"Putting it behind the budget doesn't kill it," he said. "It basically parks it."
The bill would allow law enforcement to check someone's immigration status if an officer reasonably suspects a person already stopped or detained isn't a citizen or legal immigrant. The bill also would create a training program for law enforcement about immigration laws.
"We are prioritizing the state's stance on illegal immigration based on the financial resources we have," Carr said. 'Very targeted approach'
Eben Cathey, communications coordinator for the Tennessee Immigrant and Refugee Rights Coalition, is pleased by the bill's delay -- although he would have rather seen the subcommittee defeat the "discriminatory legislation" outright.
"This Arizona copycat bill doesn't reflect the values and priorities of Tennessee voters," he said. "It takes some of the worst aspects of these bills and tries to implement them in Tennessee."
Tennessee Following Georgia in Lottery Scholarship Cuts?
The first signs that HOPE scholarship changes made last year are hurting some Georgia students and colleges are starting to crop up just as Tennessee considers imposing even tougher academic requirements of its own, according to the Chattanooga TFP.
Georgia Northwestern Technical College's enrollment is down about 10 percent -- from 6,407 to 5,777 -- and school officials said the lottery-funded program is largely to blame.
"Students are more leery of taking that first step of going into postsecondary education, whether to seek retraining or an associate's degree, because they know the extra expense is there," said Steve Bradshaw, associate vice president of student affairs.
In the winter quarter of 2011, 95 percent of Georgia Northwestern students received HOPE funding. That number fell to 81 percent for the current spring quarter.
On the 'Heavy Handed' Sen. Mark Norris
Senate Majority Leader Mark Norris is targeted by Wendi C Thomas in a Sunday CA column that begins thusly:
Sen. Mark Norris is so heavy handed, it's a wonder he can lift his mitts at all. He's never met any part of Memphis' right to self-governance that he wouldn't try to thwart.
In any other setting -- a school, a workplace, a neighborhood -- Norris, R-Collierville, would be shunned for such behaviors. But he rules in the Tennessee state legislature, where his Republican colleagues applaud him and Democrats are powerless to stop him.
Cirque du Soleil performers have nothing on Norris. Just witness the contortions he'll twist state law into to make sure the suburbs get exactly what they want, whether it's in public education or annexation. Although their separatist demands may not serve the greater good of the entire county, the overwhelming majority of which is Memphis, Norris doesn't care.
When Norris, who is white, comes off as patronizing for assuming he knows what's best for a majority black city, he doesn't care. Although the more sober Gov. Bill Haslam and Shelby County Mayor Mark Luttrell, fellow Republicans, have encouraged him to stand down, Norris still doesn't seem to care.
Bill to Expand Average Classroom Size Gets Cool Reception
Republican legislators representing Rutherford County say a proposal by the governor that could raise the average classroom size in Tennessee schools is getting a cool reception in the General Assembly, reports the Murfreesboro Daily News Journal.
State Sen. Jim Tracy told members of the Murfreesboro Education Association and Rutherford Education Association "the brakes" have been put on that legislation because of lawmakers' concerns it could negatively affect classroom performance.
Tracy's comments came during a legislative forum Thursday at Blackman High School where local educators raised questions about new laws and bills affecting education, and opposition to increasing the number of students in the classroom was a common theme.
Rutherford County Schools finance director Jeff Sandvig told the Rutherford legislative delegation that the move to eliminate requirements for average classroom sizes will lead to larger classrooms here and, ultimately, fewer teachers.
Gov. Bill Haslam, in his recent State of the State address, introduced a plan to free up money for higher teacher pay by changing the requirements on classroom sizes. Haslam also wants to eliminate the state salary schedule for teachers and give local systems authority to set up pay structures based on student test scores and evaluations.
The Basic Education Plan funding component will increase by $3,500 per teacher, but K-8 class sizes would increase by five students, which will lead to 200 fewer state-funded positions in Rutherford County schools, Sandvig said.
...Earlier, state Rep. Rick Womick told the audience he is not in favor of raising the average classroom size.
State Sen. Bill Ketron agreed that the proposal is complex because it took Department of Education Commissioner Kevin Huffman 25 minutes to explain it at a recent legislative breakfast....(Ketron also said the legislation "may be premature."
Nursing Home Inspection Reports Now Available Online
With a prod from the federal government, the state Health Department has posted on its website thousands of pages of inspection reports on licensed nursing homes across the state, according to The Tennessean.
The posting marks the state's effort to come into compliance with a little-known provision of the new federal health-care reform law, known formally as the Affordable Care Act. The law set a Jan. 1 date for states to come in to compliance.
Eventually, inspection reports for nursing homes, hospitals and other licensed facilities will be posted going back four years, said Health Department spokeswoman Shelley Walker.
While the inspection reports have been considered a matter of public record, obtaining copies of the reports previously required an individual request.
So far, one year of nursing home reports has been scanned in to the system.
Note: The reports are available HERE.
Ten of 22 Former TN Congressmen Now Work as Lobbyists (with more to come?)
In a story about former congressmen becoming lobbyists, The Tennessean reports that it was able to identify 22 living former members of Congress from Tennessee.
Of those, at least 10 have worked as lobbyists, and two who left Congress last year -- Democrats Bart Gordon and John Tanner -- are now in a position to do so in their jobs at Washington law and lobbying firms.
When Tanner joined Prime Policy Group as vice chairman last February, the firm's CEO, Scott Pastrick, said in a news release: "John Tanner brings a deep understanding of the legislative process, the policy and political nuances that shape corporate policy on Capitol Hill. He is a consensus builder who is respected across the political aisle in Congress and throughout foreign capitals."
Similarly, the administrative partner of K&L Gates LLP's Washington office, David T. Case, said of hiring Gordon as a partner last March: "Adding Chairman Gordon to an already accomplished public policy and law team -- which also includes former Congressman Jim Walsh and former Senator Slade Gorton among its roster -- will allow us to provide our clients with unparalleled policy and political advice and assistance."
....Along with the 12 former members from Tennessee who have clearly lobbied Congress or started working for lobbying firms, The Center for Responsive Politics also lists former U.S. Rep. Harold Ford Jr. among the 370 former congressmen or senators nationally who have worked both sides of the "revolving door." But the House and Senate have no records of Ford registering as a lobbyist, and Ford has said that wasn't his role at investment bank Merrill Lynch, where he was a vice chairman and senior policy adviser before moving to Morgan Stanley last year
See also a sidebar listing some former members of Congress with continuing ties to Washington.
Note: Not mentioned is former Rep. Zack Wamp, now operating Zack Wamp Consulting, who is also in a position to begin lobbying a year after leaving office. Right now, according to his website, Wamp is "engaged as a consultant in the energy, defense, and transportation sectors for some of the most prominent companies in the world."
Governor Moves to Assert More Control Over Independent Agencies
Having completed a "top-to-bottom review" of more than 200 arms of state government, Gov. Bill Haslam is moving to assert more direct control over their operations and reduce their numbers.
His move has stirred some bipartisan unease among legislators and outright opposition from representatives of some professions and industries regulated by the boards and commissions impacted.
About 140 job positions would be abolished in 22 different governmental organizations.
In general, critics see Haslam's legislative proposals as an unwarranted assertion of executive political power that undermines the independent operations of agencies. These agencies, they believe, are working well and, in most cases, operate on fees collected from regulated industries rather than general tax dollars.
The governor says it's simply a matter of bringing more efficiency and effectiveness to elements of the state bureaucracy that have gone for decades in some cases without change. He also wants to assure they are "fulfilling the purpose they were originally intended to when they were created."
Continue reading "Governor Moves to Assert More Control Over Independent Agencies"
This Year's TN Highway Map Has a QR Code
The Tennessee Department on Transportation has issued its annual state highway map with some innovations.
This year's map contains a "quick response code," or QR code, that will allow users to scan and link to TDOT's mobile web application, TDOT SmartWay Mobile.
"The state map is an important tool for travelers, and this new feature will provide an added convenience by allowing motorists to quickly access real-time traffic information using their smartphones," TDOT Commissioner John Schroer said. "The map is free and is also available at welcome centers and rest areas across the state."
The 2012 TDOT Tennessee transportation map can be downloaded from the TDOT website at www.tn.gov/tdot/maps.htm. Pre-printed versions of the map can also be ordered from TDOT online at www.tn.gov/tdot/MapOrder/maporder.htm or by mailing a request to the Tennessee Department of Transportation's Map Sales Department, 505 Deadrick St., James K. Polk Building, Suite 300, Nashville, Tenn., 37243.
Individuals may request up to five free maps, and organizations and schools may order up to 100.
The official 2012 map is a joint effort between TDOT and the Tennessee Department of Tourist Development.
TN Gains Planes in Air National Guard Shakeup
NASHVILLE, Tenn. (AP) -- The Air National Guard in Memphis would get eight C-17 planes under planned restructuring by the Air Force, replacing C-5A aircraft being retired.
Nashville would get an unmanned aircraft squadron under the proposal, announced Friday in Washington. The city would lose six WC-130 aircraft to Luis Munoz, Puerto Rico, to replace retiring aircraft.
McGhee-Tyson in Knoxville would lose two KC-135s.
Sen. Bob Corker, R-Tenn., said the proposals continue to recognize the important role of the Tennessee Air National Guard.
Sen. Lamar Alexander, R-Tenn., said the plans show that Tennessee Air National Guard bases are crucial to U.S. readiness.
Rep. Marsha Blackburn, R-Tenn., who represents parts of Memphis, said the proposals fit well with the skill set of the Air National Guard.
Note: News release from Tennessee National Guard is below.
Continue reading "TN Gains Planes in Air National Guard Shakeup"
Still More on Campfield and AIDS
So, if you're sitting around this weekend wondering about the latest conversational developments in Sen. Stacey Campfield's AIDS information commentary....
First, check the senator's blog and scroll down through it a ways. Far from being cowed by caustic critics, Campfield has actively engaged them, as illustrated by posts on follow-up broadcast interviews, including videos.
A standout among them is an audio clip of a remarkable anti=Campfield diatribe that was left on his voice mail. Direct link to the audio is HERE.
Politifact Tennessee, meanwhile, has given the original Campfield comments a "pants on fire" rating in its "Truth-o-Meter." On Saturday, it was the top item on the national Politifact website and, I understand, getting a lot of attention.
(By the way, Politifact Tennessee has also awarded a "pants on fire" to the Democratic Congressional Campaign Committee for an attack on U.S. Rep. Scott DesJarlais and put up some other fresh stuff.)
An emailer, meanwhile, sends along a link to an article that begins like this:
Tennessee state senator Stacey Campfield continued his media campaign against homosexuality and discussions about gay lives in schools by appearing on the David Pakman Show.
During his 10-minute interview on Monday, Campfield seemed to indicate that insurance companies raise their rates for homosexuals. He claimed this to be true because the companies have statistics showing that gays, when compared to others, live significantly shorter lives -- by a full 24 years!
Pakman asked the senator why his anti-gay politics are focused on anal sex between men.
And this, naturally, has inspired consternation among some Tennessee bloggers, including, for example, Southern Beale.
The article, with accompanying video, is HERE.
Washington County Election Official Fired
Washington County Election Commission Administrator of Elections Connie Sinks fired one staff member and demoted another Friday, reports the Johnson City Press. The offense: Sending a handwritten cover letter to three members in November asking that they use accompanying materials for a meeting that may or may not have occurred.
"You can't run elections when you don't trust your staff," Sinks said.
After consultation with County Attorney John Rambo, Sinks fired Rebecca Vines, an administrative assistant, for insubordination, claiming the employee alerted the three members about the November meeting and that public notice was never given.
The letter was discovered in a box of documents that were ready to be shredded.
In the letter, Vines writes that she is including a list of 2012 election information prepared for the meeting and that "I have handwritten this cover letter because I didn't want to risk it with the office computer." Vines also wrote that "Maybell and I wanted to get this material to you quickly so you will be ready for your lunch meeting this coming Monday."
Haslam Defends Cutting Planned Parenthood Funding
From WPTY-TV in Memphis:
If you want state money, do not provide abortions; that's the message from Tennessee Governor Bill Haslam. His reaction comes after Planned Parenthood branches in Tennessee filed a lawsuit against the state for cutting funds for HIV and syphilis testing.
Governor Haslam wouldn't say if the cuts were driven by politics. He claims the state is simply moving money to other health care providers, and firmly stands behind state cuts to Planned Parenthood.
"I did say that and obviously the state took that but that was part of what I said when I was running for governor," he said.
More than $150,000 in state money was cut from Planned Parenthood in Davidson and Shelby Counties. The non-profits filed an injunction to get those funds back.
...Governor Haslam wouldn't comment about the lawsuit but did say that Planned Parenthood is not the only provider of HIV and STD testing.
"Our feelings end up being that there's really 93 counties that were providing that themselves, only Davidson and Shelby weren't doing that," the governor told abc24.com.
The governor stresses that money is still going to organizations that will provide good medical services.
"It's not that there's no funding. The state is redirecting their funding to other providers through the county health departments."...
Haslam Cool Toward Anti-Annexation Bills for Memphis
Gov. Bill Haslam says he does not endorse proposed legislation that would undo a 12-year annexation reserve agreement among Shelby County's municipalities, making it harder for Memphis to grow geographically, reports the Commercial Appeal..
Haslam, a former Knoxville mayor, noted the two bills filed by Sen. Mark Norris and Rep. Curry Todd, both R-Collierville, and Rep. Ron Lollar, R-Bartlett, have been held up by Norris so State Atty. Gen. Bob Cooper can give an opinion on their constitutionality.
The lawmakers filed the bills at the request of an East Shelby County citizens group that gathered thousands of names on petitions they presented to Norris and Todd last month.
"I think there are some questions about the constitutionality of it," Haslam told reporters after speaking to 350 people Friday attending a Greater Memphis Chamber luncheon at the Holiday Inn -- University of Memphis.Also, from WREG: "I ended up not doing a lot of annexation when I was mayor, but I was glad I had the right to do it if I felt like we needed to for the city," said Haslam.
Presidential Candidates Collected $2.4M From Tennesseans in 2011
Federal Election Commission reports show that presidential candidates collectively raised $2.4 million for their campaign from Tennesseans during 2011, reports Georgiana Vines.
Of that, $1.9 million went to Republican candidates. President Obama raised $482,599 from Tennesseans.
Romney raised $898,081 in Tennessee, with $214,171 coming from Knox County. This was the most of any candidate.
Knox Tourism Chief Retires Under Political Pressure
In the face of intense political pressure, the board of the Knoxville Tourism and Sports Corp. on Friday voted to accept the retirement of Ray, who is the organization's president and CEO and has drawn criticism for a compensation package that exceeds $400,000, reports Josh Flory.
The board hasn't yet achieved closure, though. Ray's retirement is contingent upon the two sides reaching an agreement about its terms. If no agreement is reached, the board appears willing to fire Ray at a meeting in two weeks, but it will have to decide if there is legal cause for such an action under her contract.
Ray told the board on Friday that she does not believe termination with cause is warranted, but if she is fired without cause Ray is entitled to three months of compensation as severance. Whatever the outcome, the forced retirement represents a stunning fall from grace for a woman who has been a trailblazing leader in Knoxville.
Ray was the first women's athletic director at the University of Tennessee, the first woman to serve as commission chair of the Knoxville Utilities Board, and in 2010 was inducted into the Women's Basketball Hall of Fame. In addition, KTSC operates out of a building on Gay Street that bears her name.
Haslam Fires Two Top TDEC Officials; Another Quits
By Erik Schelzig, Associated Press
NASHVILLE, Tenn. -- Republican Gov. Bill Haslam's administration has fired two top officials at the Department of Environment and Conservation, while a third has announced his retirement.
The department said in a statement Friday that the changes are "designed to streamline our structure and build management efficiencies."
Changes are to include the creation of a single water resources division encompassing the department's pollution control, water supply and groundwater management programs, according to the statement.
The fired officials are Mike Apple, head of the department's solid waste management division, and Paul E. Davis, who was in charge of water pollution control. Meanwhile, Mike Carlton is retiring as director of Tennessee state parks.
The Tennessean newspaper first reported the TDEC shakeup on its website Friday afternoon. Apple told the paper he had been called in to the office of deputy commissioner Shari Meghreblian earlier this week, and that he was given no explanation for the firing other than that "they wanted to make a change."
Continue reading "Haslam Fires Two Top TDEC Officials; Another Quits"
Dairyman Mayfield Running in 3rd District
CHATTANOOGA, Tenn. (AP) -- Dairyman Scottie Mayfield has decided to run for the Republican nomination for Congress in the 3rd District.
WRCB-TV quoted Mayfield as saying he will seek the seat now held by first-term Republican Chuck Fleischmann (http://bit.ly/zZjVK6 ). He has no previous experience in politics.
Others in the Republican race are Weston Wamp, son of former Congressman Zach Wamp, and two others.
Two Democrats, Bill Taylor and Mary Headrick, have announced their intentions to run in the district.
This from the Chattanooga TFP:
"I have never served in the armed services, and I feel like this is something that would fulfill that obligation to our country," Mayfield said Friday. "It's unusual for someone like me to want to do this. I think I'm the kind of person we need in Washington, D.C."
Getting there won't be easy. In fundraising figures released this week, Fleischmann reported more than $619,000 in campaign funds, and Wamp reported $285,000 in the bank. Mayfield said he'll begin raising money soon, adding that he hasn't decided whether he'll use his own money.
Sen. Joe Haynes Will Not Seek Reelection
Statement from Sen. Joe Haynes, D-Nashville:
In 1984, I made a decision to run for the Tennessee State Senate. Little did I know when I made that decision that some 28 years later I would still be serving in that body.
Today, I am faced with a decision about whether or not to offer myself for re-election
to continue my service.
There is an interesting symmetry in the circumstances surrounding the decision I had
to make in 1984 and the decision I face in 2012. In 1984, the ruling Democratic majority literally changed the district to exclude my home in an attempt to protect a Democratic incumbent. This year, the ruling Republican majority has radically changed my district in an attempt to draw a district more favorable to a Republican candidate.
In 1984, the incumbent state senator I was intent on challenging walked out of the room where the district was changed and defended the action as "The American Way." The gerrymander of the district backfired after my wife, Barbara, and I moved from our home into a tiny apartment and ran the campaign by focusing on the theme of "The American Way." The crass manipulation of the district by the political insiders struck a chord with voters and I defeated the incumbent state senator and went on to win the general election. Interestingly enough, I eventually became the Chairman of the same Senate Democratic Caucus that voted to draw my home out of the senate district.
This year, in spite of their best efforts, the Republican majority has drawn a new district that I am confident I can win. I have always worked closely with Democrats, Republicans and Independents to create legislation and support public policies that were best for Tennessee. The secretive process used by the Republican majority to draw legislative districts, without consultation of Democrats or concern for historical district lines or communities of mutual interest, was offensive to my sense of fair play. My decision about whether to run or not was not influenced by the change in the district. If anything, the Republican majority succeeded in stirring my competitive juices which encouraged me to run for another term.
My service, however, has never been about me and my political ego. During my life of public service, 12 years on the Goodlettsville City Commission and 28 years in the Tennessee State Senate, I have always tried to hold true to "The American Way." The ideas and ideals that make up this great republic have been my guide. Life. Liberty. The Pursuit of Happiness. The Rule of Law. Fairness. Honesty. Justice. Mercy. These are all parts of "The American Way." That's always been why I ran for office. That's always been why I served.
I have sought simply to serve the people, to represent them with governors of both parties and to stand on the floor of the Tennessee State Senate to give a voice to the voiceless. I sought to provide representation to the men and women who work hard and play by the rules. I fought to create strong schools for our children. I have voted for fair taxation and efficient government. I have helped build roads and bridges all over Tennessee. I have done my part to support higher education as we built splendid colleges, universities and technical schools in every part of Tennessee. I worked with my wife, Barbara, to reform criminal sentencing in Tennessee to make it fairer and more rational. Through my service I have battled to care for the sick, feed and clothe the needy and protect the weak, elderly and infirm.
I am in good health. I work out several times a week and take great joy in the time I have with my wife Barbara, who recently retired from the bench, and our children, Jeff, Mandy and Scott and their spouses. Barbara and I have been blessed with grandchildren and we enjoy the embrace of our large, loving family.
The sweet siren call of my family, a huge stack of unread books and a little-used fishing boat demand my attention now. That is why I am announcing today that I will not be a candidate for the Tennessee State Senate in 2012. I will serve out my term and continue my fight for "The American Way." I will continue to practice law in the law firm I founded 46 years ago.
I have fought the good fight. I have run the race. I have given over a substantial part of my life to the pursuit of "The American Way" for myself and for those whom it has been my privilege to represent. I am proud of my service and humbled by the confidence the people have placed in me time and time again.
Two Charged With Bribing Voters in Tellico Plains
News release from Tennessee Bureau of Investigation:
Chattanooga, Tenn. - The Tennessee Bureau of Investigation yesterday arrested two individuals who have been under investigation by TBI at the request of the 10th Judicial District Attorney General since September 2011 for bribing voters during a Tellico Plains election.
Chuck Hunt, 54, of Tellico Plains, Tenn. was indicted by the Monroe County Grand Jury on eight counts of bribery of a voter and eight counts of conspiracy to bribe a voter. Norman Nichols, 47, of Madisonville, Tenn. was indicted by the Monroe County Grand Jury on six counts of bribery of a voter and six counts of conspiracy to bribe a voter. Both Nichols and Hunt were buying votes during the 2011 Tellico Plains Mayoral race.
Both were booked into the Monroe County Jail on $1,000 bond each.
Haslam: Every Time You Cut Government, Some Don't Like It
Gov. Bill Haslam defended his plans for closing Taft Youth Center and Lakeshore Mental Health Institute in a Chattanooga speech, according the Times-Free Press.
"Everybody says government is too big and you should cut it and run it like a business. But every time you make one of these decisions to cut some service, some people don't like it."
Haslam said the state's five youth development centers across Tennessee are only about 70 percent full.
"I think it's more economical for the state to have four centers that are about 90 percent full," he said. "That will save us four to five million dollars a year."
The job losses from the Taft center closing will be offset, at least for some workers, by a new state prison being built in Bledsoe County, Haslam said.
The governor said he also is getting criticism for proposing the shutdown of the Lakeshore Mental Health Institute in Knoxville less than a mile from his home. The center has 390 employees and houses 90 patients.
"We're very confident that community providers can take care of those folks cheaper than what we're doing," Haslam said.
A Judicial Plan for Reforming Judicial Discipline
State judges pitched their plan for reforming the Court of the Judiciary (SB2671) to a Senate committee Wednesday, according to TNReport, suggesting the lawmakers replace the current ethics panel with a "Board of Judicial Conduct" that would shift responsibility for discarding complaints to board members rather than staff.
The new board would also produce quarterly public reports instead of the current yearly statistics, establish a legislative liaison, and operate with a lower threshold for pursuing an investigation.
"Certainly there have been issues, and I think we're trying to address those issues," said Criminal Appeals Judge Jeff Bivins, who is leading the charge for the Tennessee Judicial Conference's ad hoc committee on Court of the Judiciary legislation. "We have some new membership. I think some of us are looking harder at cases and taking a little tougher line."
The biggest problem Beavers has with the judicial branch's proposal is the new board would retain too many judges, 10, plus six laypeople.
Beavers would prefer her own bill, which would dump the current board and build it anew, shrinking the board down to 12 people, with four as sitting judges. Her measure is on the Senate floor and is up for debate Feb. 9.
"I think you'd actually find that every single judge in the state of Tennessee, from the part-time municipal judge all the way up through every member of the Supreme Court, are actually united totally against that particular bill," said Bivins, who also sits on the COJ.
The Senate Government Operations Committee advanced the judges' measure with a "positive" recommendation on a 5-1-3 vote with little discussion. It now goes to the Senate Judiciary Committee where it will likely face opposition from Beavers.
TOSS Ready to Toss Governor's Class Size Plans
A survey by the Tennessee Organization of School Superintendents (TOSS) has found that 80-percent of its membership opposes Gov. Bill Haslam's plans to tie school funding to larger class size, reports WKRN-TV.
"The request from TOSS is not to take any action on the bill," said Williamson County's School Director Dr. Mike Looney.
"We feel like we have most of this figured out on how to impact students in a positive way, so we don't need a lot of state intervention to get the work done," said Looney who is a board member of TOSS.
As superintendents push hard for changes in the governor's class size bill, House Speaker Beth Harwell acknowledges the pushback from schools even though the bill gives superintendents more flexibility in paying teachers.
"I do have a number of members who are concerned that it is not being well received back in their home school districts, so I think all of this is still a work in progress," Harwell said.
Democrats said the governor's bill could eliminate 2,000 teachers statewide.
Rep. Shipley a Life Saver?
When a Dallas man who was in town for his company's national sales meeting had a seizure at a downtown hotel Wednesday evening, a state legislator took charge of the situation until the Nashville Fire Department arrived, reports the Kingsport Times-News.
Max Carter, a vice president of Franklin-based Passport Health Communications Inc., said state Rep. Tony Shipley, a Kingsport Republican with training as a paramedic, may have saved the life of a 34-year-old Passport employee.
Carter wrote in an email that he and two other employees managed to catch their co-worker before he hit the ground, but they weren't sure what else to do besides calling 911 and turning him on his side so he wouldn't choke.
"As a result of Representative Shipley's quick action what could have been a truly horrible situation was averted," Carter wrote.
"Moreover, in a time when many healthcare professionals, and just people in general, are afraid to assist in similar situations due to fear of lawsuits, etc, I thought Mr. Shipley's actions should be noted. I have no idea what his training or background is but he was relaying vitals to 911 like a pro and telling us exactly what to do."
Haslam's Climb to 'Rhetorical Heights Seldom Seen'
My nomination for most resounding praise of Gov. Bill Haslam's "state of the state" speech goes to Greg Johnson, News Sentinel columnist. An excerpt:
"{I)n his second State of the State, Haslam was obviously a man in his moment, clear on the condition of the state he finds the state and sure about the direction he wants to lead those who will follow. Yes, the technocrat was still evident.
But Haslam climbed rhetorical heights seldom seen in the usually mundane presentation of the state budget to a joint session of the Legislature.
"In the little over a year that I have been in office, I've been reminded time and again about the incredible state we live in and the inspiring people who call Tennessee home," Haslam said. "I have hope for Tennessee because I have confidence in Tennesseans."
These were not mere words. Rather, Haslam invoked a Reaganesque belief in the people, speaking, it seemed, from a place deep within him of a Volunteer Exceptionalism that trusts the people to find their own way and build their own lives.
...Haslam, with core conservative convictions clearly evident on Monday, knows it is the exceptional people that make Tennessee exceptional. Still, he called us higher. He closed, "As I stand before you this evening, I challenge all of us to believe in better."
House Debates Teachers, Lobbyists and Student Loans
Teachers and lobbyists who default on student loans could lose the right to practice their professions under legislation winning final approval in the state House Thursday.
Several legislators, most of the Democrats, voiced objections to the bill (SB551) in an hour-long debate before it passed 70-24. The measure cleared the Senate last year and now goes to Gov. Bill Haslam for his signature.
Rep. Charles Sargent, R-Franklin, sponsor of the bill, said most other professionals who have state-issued licenses are already subject to losing those licenses for failure to pay student loans and it is appropriate to add teachers, lobbyists and sports agents to the list.
Loan defaults effectively reduce the amount of money available for loans to new students through the Tennessee Student Assistance Corporation (TSAC), Sargent said, the legislation adds a needed tool to prod debtors into making payments. He said "about 7 or 8 percent" of TSAC loans are in default now and if the number rose too much, the entire program could be jeopardized.
"'I'm just trying to preserve TSAC for the children of the future," Sargent said.
Criticism came on several fronts.
House Minority Leader Craig Fitzhugh, D-Ripley, said the bill sends the wrong message to teachers already facing ample problems. It means, he said, "You would be able to take a teacher out of a classroom because he or she, because of tough times, has become delinquent on a student loan."
Rep. Mike Kernell, D-Memphis, said the measure was unfair to lobbyists and perhaps unconstitutional.
Lobbyists are paid to assert the constitutional right of clients to petition government for "redress of grievances," Kernell said, and taking away that right for an unrelated debt would be wrong.
"Of course, people think lobbyists are too powerful," he said. "But they are still a constitutionally-protected group."
Lobbyists are not licensed by the state, but must register with the Bureau of Ethics and Campaign Finance and pay a fee for each client. They would lose their registration rights under the bill.
Rep. Gary Odom, D-Nashville, said some "unscrupulous businesses that call themselves schools" charge exorbitant fees that lead to employment in professions with low pay that makes it difficult or impossible to repay loans.
"Some of our most vulnerable citizens are being sold a bill of goods," said Odom.
Other legislators said those who make student loans already have adequate means of collecting their debts through the courts with garnishment of wages. Those who have lost their jobs and have no wages would be further harmed by losing their state licenses, some said.
Sargent said TSAC and other lenders, under terms of the bill, can adjust payments to reflect ability to pay even minimal amounts and would otherwise "work with them" to avoid revoking a license in hardship cases.
Planned Parenthood Sues Over Loss of Funding
News release from Planned Parenthood:
NASHVILLE, TN - This morning Planned Parenthood of Middle and East Tennessee and Planned Parenthood Greater Memphis Region filed suit against the Tennessee Department of Health in federal district court to restore preventive care funding under the HIV Prevention Services Grant program and the Syphilis Elimination Grant program.
Planned Parenthood affiliates won funding for community education and health services work in these programs in August 2011 following a competitive bidding process. In December 2011, the grant contracts to both Planned Parenthood of Middle and East Tennessee (PPMET) and Planned Parenthood Greater Memphis Region (PPGMR) were dropped with no reason given after they were approved and without identifying a qualified provider to meet the need left by the elimination of Planned Parenthood from these prevention programs.
"It is disgraceful that Governor Haslam and Commissioner Dreyzehner have put politics ahead of the health and well-being of thousands of Tennesseans," said Jeff Teague, PPMET's CEO. "Women and men count on Planned Parenthood for lifesaving health information, including HIV prevention. To jeopardize the lives and health of young people across Tennessee for purely political reasons is shocking and irresponsible."
Continue reading "Planned Parenthood Sues Over Loss of Funding"
Harwell Joins Ramsey in Backing Delay on Health Care Exchange
By Lucas Johnson, Associated Press
NASHVILLE, Tenn. -- Republican lawmakers are building support for a plan to wait until the end of the year to take action on state requirements set by President Barack Obama's federal health care law.
House Speaker Beth Harwell said Thursday that it would make sense to allow legal and political challenges to the federal health care law to play out before addressing how or whether to set up a state health insurance exchange.
"I think that's prudent," said Harwell, R-Nashville. "It is a wise course of action to wait, and if we have to take action as a state, come back into special session."
Senate Speaker Ron Ramsey first floated the idea of a post-election special session on health care in a speech to a Nashville business group in December.
Continue reading "Harwell Joins Ramsey in Backing Delay on Health Care Exchange"
Mayors Call for Resignation of Knoxville Tourism Chief
From the News Sentinel:
The county's two top leaders today called for the resignation of Gloria Ray, the president and CEO of the Knoxville Tourism and Sports Corp., which has come under fire in recent weeks as officials and the media have begun looking into how the non-profit organization spends its money and how much it pays its workers.
Both Knox County Mayor Tim Burchett and Knoxville Mayor Madeline Rogero said they want Ray and the five-member KTSC executive committee, which sets her salary, to step down.
In addition, Burchett asked the state Comptroller of the Treasury to audit "that entity's financial dealings" because of his "grave concerns and complete lack of confidence in the due diligence, oversight and stewardship of taxpayer dollars."
Ray, who earned more than $411,000 in fiscal year 2011 makes about $200,000 in base salary. But, she also receives a $50,000 signing bonus, another $86,000 if she stays on through June and an additional $166,000 in bonuses for completing her contract, which expires in mid-2013, according to KTSC documents.
"I have lost total confidence in the KTSC board as it exists in light of the amount of money that Gloria's been paid," Burchett said.
Later this morning, Rogero called for the resignation of Ray and KTSC's executive committee in a press conference.
Ray's compensation is "not consistent with what the community expects," Rogero said.
In another development this morning, KTSC Attorney Ward Phillips said a number of aspects of Ray's compensation were properly authorized, but a number may not have been.
On Health Care Exchange: Leave it all to the governor?
The chairman of the House Health and Human Resources Committee says legislators should simply leave decisions on a state health care exchange to Gov. Bill Haslam, reports WPLN.
Franklin Republican Glen Casada says many of his colleagues find it "unpalatable" to switch on part of the federal healthcare overhaul, but he's telling constituents that the matter boils down to a choice between the lesser of two evils:
"I think some Tennesseans think that if the state rejects the health insurance exchange, then we have effectively stopped Obamacare, and that couldn't be further from the truth. The health insurance exchange - it's federal law, it will be implemented. So now the question is: Does Tennessee do it, with our policy and procedures, or do the feds do it with their policies and procedures?"
Officials say it's not yet clear what a state exchange would look like, or what exactly the governor would need lawmakers to sign off on, if anything. So Casada says the legislature could simply hand over the power to set up an exchange, and leave it at that.
...Casada's committee got a brief update on health care exchanges Wednesday.
After a quick slideshow Casada said there wouldn't be time for questions from lawmakers, drawing some flack from Nashville Democrat Mike Turner:
"I think this is something we have to move forward with, and I think we need to make some decisions here. As I understand it there's millions of dollars at stake here that we could lose by just dawdling a little bit. So I think if we have to make a decision this year on this, I think we need to be getting on with this. This is probably the most important decision before this committee this year."
Casada says he'd try to have the speakers back soon, and also noted the health committee might not be the one taking up legislation to create an exchange, if such a bill is called for.
Commissioner Faces Questioning Over Taft Closing
(Note: Updates, expands and replaces earlier post)
Republican Gov. Bill Haslam's call for providing the most efficient services at the lowest cost ran into a wall of criticism Wednesday from members of his own party over his plans to shut down Taft Youth Development Center. Andy Sher reports:
A bipartisan group of Government Operations Committee members focused their ire on Children's Services Commissioner Kathryn O'Day, forcing her to defend her recommendations to Haslam for an hour.
Watching was an overflow crowd of Taft employees and top officials from Bledsoe County, where Taft is located, and Cumberland County.
O'Day maintained Taft deserves closure because it is the most costly of the five state prisons for young criminals.
She said closing Taft will result in an $8.5 million annual reduction in "unnecessary overhead we're carrying." That translates into about $4.4 million in actual savings because the money will be spent elsewhere within the department.
"The system on its best day today operates at 69 percent occupancy," O'Day said. "In my previous career I was a private provider and residential services, and I can tell you that with a 69 percent occupancy rate I would have been out of business in very short order."
Overall occupancy rates would improve by closing the 96-bed Taft to 87 percent, she said. She said she still couldn't have operated on such an occupancy rate. O'Day also pointed out Taft is the oldest center.
Rep. Cameron Sexton, R-Crossville, in whose district Taft sits, disputed cost savings. Taft and its estimated 169 employees guard over some of the oldest, most dangerous teen criminals, including gang members, Sexton said.
"With the closing of Taft there is concerns about putting these 17 1/2-year-old kids in with kids in another facility who are 14 and 15, and what's going to happen to them?" Sexton said. "And what's going to have to happen is the department is going to have to be held accountable."
O'Day said the younger offenders would be separated in the three other male centers.
Occupy Nashville Eviction Bill Advances
By Lucas Johnson, Associated Press
NASHVILLE, Tenn. -- A proposal that seeks to prevent Occupy Nashville protesters from staying overnight on the plaza next to the state Capitol advanced in the House on Wednesday.
The measure sponsored by Republican Rep. Eric Watson of Cleveland was approved on a voice vote in the House Judiciary Subcommittee. The companion bill is awaiting a vote in the Senate Judiciary Committee.
The legislation would make it a misdemeanor to lay down "bedding for the purpose of sleeping." The proposal refers to items associated with camping, "including tents, portable toilets, sleeping bags, tarps, propane heaters, cooking equipment and generators."
The protesters have camped at the plaza since early October. There are about 60 or so tents on the plaza and at least two portable toilets nearby.
"They can stay out there all they want to, they just can't build anything that's a dwelling," Watson said after the vote.
Meth Registry Bill Moves Along
NASHVILLE, Tenn. (AP) -- A proposal that seeks to crackdown on the production and distribution of methamphetamine has advanced in the Senate.
The measure proposed by Republican Sen. Mae Beavers of Mt. Juliet was approved 32-0 on Wednesday. The companion bill has yet to move in the House.
The bill adds offenses -- such as intent to manufacture and conspiracy -- that could place an offender on the methamphetamine registry if convicted. Beavers says the offenses were left out of the bill last year.
The database will be maintained by the Tennessee Bureau of Investigation.
GOP Bill to Cut Grocery Tax Sidelined; More Talk to Come
By Lucas Johnson, Associated Press
NASHVILLE, Tenn. -- The Republican sponsor of a proposal to reduce the sales tax on groceries in Tennessee said Wednesday he's open to working with Democrats who have a similar measure if it would help the legislation's passage.
The bill by Rep. Glen Casada of Franklin was placed behind the budget in the House Finance Subcommittee on Wednesday. It will be revisited if any money is left after the state's budget is set.
Republican Gov. Bill Haslam has included $2 million for lawmakers to appropriate on items not in his agenda, which means many proposals may not get funded.
Casada's legislation would reduce the sales tax from 5.5 percent to 5 percent, while the Democrats have a plan that would drop it a half-cent more.
Haslam's budget contains a proposal to reduce the sales tax to 5.3 percent. Casada said he applauds the governor's effort, but would like to see the tax reduced further. He estimates his proposal would cost $42 million.
Continue reading "GOP Bill to Cut Grocery Tax Sidelined; More Talk to Come"
UT Believing In Better? 'Big Orange. Big Ideas'
KNOXVILLE, Tenn. (AP) -- The University of Tennessee has a new branding campaign: "Big Orange. Big Ideas."
According to The Knoxville News Sentinel, the slogan will be used in UT's local and national advertisements and on its new redesigned website (http://bit.ly/w8xPlP).
Flags, posters and banners on campus Wednesday announced the new campaign.
Chancellor Jimmy Cheek said the campaign provides a much-needed platform for telling the university story and strengthening its reputation.
On Campfield's Restaurant Experience
Sen. Stacey Campfiel, in a blog post, has given an account of being denied service at the Bistro restaurant in Knoxville. An excerpt:
I had not said anything. I was just standing there waiting for a table when the owner came up and started yelling at me calling me names and telling me they were not going to serve me because of my alleged beliefs saying I hate gays. I said in as calm a way as I could that I don't hate gays and the things I have said were backed up by the CDC. I offered to send her the links.
I have been quite open and clear on my beliefs and have backed them up with facts from the CDC and others. Unfortunately some people do not let facts get in the way of their prejudice.
She looked confused on what to do for a second then she started to yell and call me names again so I figured it was better to just leave. As Jesus said, "If you are not welcomed in a town shake the dust off your feet and move on". My friends and I went to latitude 35 and had a good breakfast.
The cries of "Ha ha. we showed him!" fall flat to me. It is not I who lost out. My friends and I still had a good meal. We just gave our money to a more gracious host.
What was showed was a lack of professionalism. In my legislative role I have always had an open door to any of my constituency. Gay rights groups have been in my office several times and I would like to think that even though we may disagree on some issues I have always treated them graciously.
Sam Venable, meanwhile, applauds the senator's eviction.
Any joint that won't serve Stacey Campfield is my kind of place.
As you and half of the civilized world know by now, state Sen. Bozo was told to take his business elsewhere when he attempted to enter the Bistro for Sunday brunch.
Here is the direct quote Bistro owner Martha Boggs told me: "I said I wasn't serving that (s.o.b)."
Have mercy! Let those words be cast in bronze and permanently affixed to the building.
"I didn't do this for publicity," Boggs added. "I just did it because somebody needed to stand up to that bully. I've been overwhelmed by the positive response."
Gun Background Check Bill Delayed
NASHVILLE, Tenn. (AP) -- A proposal that would exempt handgun carry permit holders from background checks when they purchase a firearm has been delayed in the Senate.
The measure sponsored by Republican Sen. Steve Southerland of Morristown was scheduled for a Senate floor vote on Wednesday. But Southerland said he delayed the vote after the Tennessee Bureau of Investigation asked to discuss the bill.
He said he doesn't know the reason for the request.
The companion bill is awaiting a vote in the House Judiciary Subcommittee.
Read SB0306 at http://capitol.tn.gov.
'Protecting Foods and Beverages From Government Attack'
News release from U.S. Rep. Scott DesJarlais:
WASHINGTON, DC - U.S. Representative Scott DesJarlais (TN-04) introduced yesterday H.R. 3848 "Protecting Foods and Beverages from Government Attack Act of 2012." This legislation would prohibit the use of federal money for advertising campaigns against any food or beverage deemed safe and lawfully marketed under the Federal Food, Drug, and Cosmetic Act.
Rep. DesJarlais released the following statement after the introduction of this important and timely legislation:
"Our top priority should be restarting the economy and creating jobs - not funding scare campaigns against perfectly safe and legal products. At a time when our nation faces high unemployment, it makes absolutely no sense that federal and city agencies would aggressively advertise against American products made by American workers.
"As a member of the House Oversight and Government Reform Committee, one of my chief responsibilities is to track how funds from President Obama's Stimulus Package were spent. I was alarmed to find that $230 million in grant money was used, in many cases, to run advertisements attacking America's soft drink companies.
"As a physician, I believe in promoting and encouraging healthy lifestyles, but the American taxpayer should not be forced to subsidize campaigns that push misleading information intended to scare consumers."
More House Redistricting Data Available Online
News release from House Speaker Beth Harwell's office:
Tennessee House Speaker Beth Harwell (R-Nashville) today announced that 2012 geographic redistricting data can now be accessed and downloaded online.
Geographic information system (GIS) users can now download the redistricting data in either Esri .shp files or Google .KML formats. Offering the data in these formats will allow users to overlay the boundaries in certain programs and to extrapolate statistical and other data from each district.
The electronic availability of these data products, in addition to the street-level statewide Google maps unveiled last week, is another first in the history of the state of Tennessee redistricting efforts.
"The release of this data is in continuation of the House of Representatives' commitment to provide the most detailed, accurate, and accessible redistricting information to the citizens of Tennessee," said Speaker Beth Harwell. "All of this information can now be accessed from the General Assembly's redistricting map website or from the State's TNMap portal."
Detailed individual district maps will be available in PDF format in the coming week.
Citizens can access the new GIS data here: http://tnmap.state.tn.us/portal2/download.asp
The street-level statewide Google map data can be accessed here: http://www.capitol.tn.gov/districtmaps/redist.html
Rocks, Hard Places & Judicial Elections
The push by Gov. Bill Haslam, House Speaker Beth Harwell and Senate Speaker Ron Ramsey for a constitutional amendment on judicial selection, according to TNReport, "has forced some Republican supporters of direct judicial elections between a rock and a political hard place."
Several Republicans told TNReport last week that they won't oppose the governor's efforts to put an amendment to the people. But they also expressed doubts that the current method is the right one or that a majority of Tennesseans will vote to validate it constitutionally.
Last session, Rep. Bill Dunn co-sponsored a bill - HB0958 - that would have required popular elections for judges. That bill's lead sponsor, Government Operations Committee Chairman Mike Bell, R-Riceville, has said he has doubts that a majority of Tennesseans would vote yes on the governor's amendment, but that he won't stand in Haslam's way.
Dunn, R-Knoxville, said he thinks the Constitution clearly calls for direct elections and that it's "wrong for us to ignore the Constitution." If voters were to agree with him, he said, then supporters of the amendment should be open to changing the process.
"The big question is, if the voters reject what they ask to do, then they're really saying, 'No, we want to keep the Constitution the way it is,'" he said. "I think to a certain degree we need to go into this whole process saying that if it is rejected then we will start following the Constitution. I think we should start following it right now, but those who have been dragging their feet need to put that on the table."
Dunn also pushed back against the idea that elections would politicize the judiciary in a way the current system does not, asserting that it would be far easier to corrupt two or three people on a committee than to influence a judge accountable to more than 6 million people in a statewide election. Because of those concerns, and his feeling that the governor's proposal is the most likely to separate itself from the crowd, he said he'll be focusing his time and energy on the language of the possible amendment as opposed to alternative legislation.
Other Republicans, though, are fully on board with Haslam, Harwell and Ramsey
...On the other side of the aisle, opinions are no more aligned. Memphis Sen. Ophelia Ford has filed a bill that would require state Supreme Court justices to be popularly elected by voters in various supreme court districts across the state. The bill, SB3714, would require the same of appellate court judges. The accompanying districts for both would be created by the General Assembly.
Ford told TNReport that breaking the state up into supreme court districts for popular elections would allow voters to elect judges they're better acquainted with and keep candidates from being forced to campaign across the state. She also said she would be pushing for a constitutional amendment, which would mirror the bill.
ECD Says Incentive Payout Is Less Per Job Under Haslam Than Bredesen
Tennessee boasted its best year for business recruitment in five years in 2011 during the first year of Gov. Bill Haslam's administration, state officials said Tuesday.
More from the Chattanooga TFP:
In its annual report, the Department of Economic and Community Development said Tennessee landed more than $4 billion of new investment last year.
Those investments are projected to add an estimated 28,535 new jobs in Tennessee, 14.3 percent more than the previous year and the highest number since before the recession hit in 2007. The 2011 investment total in Haslam's first year in office was slightly below the $4.4 billion average annual investment during the eight-year term of Haslam's predecessor, former Gov. Phil Bredesen.
But Bill Hagerty, the commissioner for economic and community development, said the incentives offered for new and expanding businesses last year were less than half as generous as what was offered during the Bredesen administration.
In 2011, the average incentive cost per job was $2,640, compared with $5,586 when Bredesen was governor from 2002 to 2010.
"Tennessee transformed its economic development model in 2011, applying solid business principles to set the stage for long-term growth," Hagerty said in a statement accompanying his department's report.
Protesters Threaten to Occupy State Capitol, Pilot Stations
Occupy Nashville protesters are warning Gov. Bill Haslam, state lawmakers and the highway patrol that, if evicted from Legislative Plaza, their members will occupy the state Capitol, other public areas and even restrooms at the Haslam family-owned chain of travel centers.
More from Andy Sher:
In an "open letter," the protest group denounces legislation they say is designed to oust protesters from the plaza, where members have camped since October. The bill is sponsored in the House by Rep. Eric Watson, R-Cleveland.
"If you pass this bill to evict Occupy Nashville and criminalize our un-housed friends, then you have chosen to escalate the conversation," the letter states. "If you pass this bill, we will prevail in the courts and on the streets."
Passing the bill, the letter states, will lead to protesters moving to occupy the state Capitol, other public property and foreclosed homes. Protesters also "will occupy the restrooms of all Pilot Travel Centers."
The Pilot Flying J Travel Corp. chain is owned in part by Haslam and other Haslam family members. Haslam spokesman David Smith on Tuesday said he had no comment on the threatened action, which protesters say they will take if the legislation passes and Haslam signs it.
"We're tracking the language of the bill, but we're focused on the rule-making process," Smith said of Haslam's move to use emergency rules to prevent protesters from continuing to live in tents on the Legislative Plaza.
A Pilot Flying J spokeswoman had no immediate comment about the threat Occupy Nashville made about the prospect of protesters moving to the company's travel centers.
Amazon Deal Price Tag: $28 Million Per Year
Legislation that will cement Gov. Bill Haslam's deal with Amazon.com will cost the state $22.8 million per year in "foregone revenue" while in effect, but bring a like amount afterwards, according to a legislative staff estimate.
The "fiscal note" on HB2370, introduced at the behest of Gov. Bill Haslam, does not mention the Internet retail giant by name, but observes that "one taxpayer will meet the criteria specified in this bill exempting such taxpayer from collecting and remitting sales and use tax."
The "qualified taxpayer" had $34.2 billion in online U.S. sales in 2010, the Fiscal Review Committee note says, and given that Tennessee has 2 percent of the national population, that would translate into $684 million in Tennessee sales.
From that point the fiscal note goes on to project $22,840,600 in "foregone" state sales tax revenue in a full year and to peg the lost revenue for local government sales tax collections at $9,649,400.
Haslam announced in October that a deal negotiated with Amazon exempts the Internet retailer from collecting Tennessee state and local taxes until Jan. 1, 2014 or until Congress enacts a federal law authorizing states to require sales tax be collected on Internet sales.
In exchange, Amazon said it would invest another $350 million in Tennessee over a three-year period in addition to distribution centers already underway in the Southeast Tennessee at the time. Since October, Amazon has announced plans to build facilities in two Middle Tennessee counties.
The bill will fulfill Haslam's end of the bargain. It is up for its first subcommittee hearing today (Wednesday) in the House.
Haslam made a brief mention of the bill in his "state of the state" address to the General Assembly.
"I am proud that we worked with Amazon to expand the company's presence in Tennessee to include, in addition to Hamilton and Bradley, Wilson and Rutherford counties too, creating thousands of jobs," he said in the prepared remarks. "And through that process we were able to reach an agreement with the company that gives certainty to them and us moving forward.
"We need your help in passing the legislation this session to solidify that agreement," Haslam said.