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Dear Friends, Below is this week's wrap. Congratulations to the University of Memphis Tigers on their final four game this weekend. We are looking at shutting down committees in the next couple of weeks and hope to adjourn no later than the middle of May. Have a wonderful and blessed weekend. Senator Paul Stanley Senate District 31 Senator Paul Stanley’s Weekly Update
Contact: Darlene Schlicher (615) 741-6336 or email: darlene.schlicher@legislature.state.tn.us (NASHVILLE, TN, April 3, 2008) – The Senate Education Committee approved two major proposals this week to distribute both recurring and excess lottery funds. One bill, sponsored by Senate Education Chairman Jamie Woodson (R-Knoxville), provides a plan to distribute $23 million in lottery scholarship opportunities to 8,914 traditional and non-traditional students. The other measure, sponsored by Senator Jim Tracy (R-Shelbyville) would provide $100 million in matching grants to K-12 schools for capital improvements or construction. Senate Republicans defeated efforts by Democrats on the committee to make the recurring lottery scholarship distribution plan only an endowment program, a move which would have left no lottery excess funds available for K-12 improvement grants. The Democrat plan would have also resulted in fewer opportunities to extend the scholarship program to non-traditional students. It was defeated by a vote of 5 to 4, along party lines. “We might be strained to do a lot for K-12,” said Finance Chairman Randy McNally (R-Oak Ridge, speaking of the recent downturn in state revenues. “These capital improvement grants may do a lot to counter-balance what is going on.” Tennessee's educational attainment ranking is 43rd in the nation. The Tennessee Higher Education (THEC) who reported that to reach the national average in educational attainment, Tennessee would need to graduate roughly 180,000 additional students, a goal that cannot be attained without reaching out to non-traditional students. Experts maintain an educated workforce is a key factor in determining the location or relocation of corporations. The bill approved by the committee, SB 611, would lower the grade point average (GPA) from 3.0 to 2.75 through a student's junior year, at which time they must attain a 3.0 to receive the merit-based HOPE scholarship. Students currently must be enrolled full time in college, have a GPA of at least 2.75 after their freshman year and a cumulative 3.0 GPA for subsequent years to maintain the scholarship. The Senate Democrat plan would have extended the 2.75 into the senior year, which would have served 4,800, almost half the number of students than under the Republican compromise plan. Senator Bill Ketron (R-Murfreesboro) Chairman of the Subcommittee that recommended the plan said the amount of lottery money the state has to work with might increase next year and proposals to extend the 2.75 next year could be revisited. Ketron favors phasing in the 2.75 GPA standard. "This doesn't keep us from coming back next year and adding that fourth year," he said. Gov. Phil Bredesen also said this week that because of a tight budget year “the most important thing to do is to move it down, and whether it's done in a phased-in manner or done all at once, I think is a matter for the Legislature.” Among other provisions in the bill, as approved are:
The second bill, SB 277, approved by the committee to distribute $100 million in excess lottery reserve funds for K-12 school construction creates a matching grant program to help ease demand for classroom space in cash-strapped counties across Tennessee. The constitutional amendment creating Tennessee’s lottery scholarship program adopted in 2002 also approved the use of excess dollars for three purposes. The amendment listed K-12 construction as the first purpose, new early childhood programs as the second, and after school programs as the third. However, K-12 construction is the only facet of the amendment yet to be enacted. No funds from a separate $12.7 million reserve fund that has been accumulating specifically for the purpose of K-12 capital improvements have been disbursed to counties for that purpose either. “I am very pleased with the legislation that we have crafted in the State Senate and that has moved forward this week, said Senator Tracy. “Our Education Committee approved legislation providing a major boost for lottery scholarship opportunities and has balanced this by addressing K-12 construction needs, as well. This legislation would fulfill the voter’s mandate, which is clearly set out in the constitutional amendment, to use some of the excess funds for building or making major repairs to our K-12 schools.” “We have way too many students in portables,” said Lawrence County Mayor Paul Rosson who testified in support of distributing the money to K-12 construction. “If we want to expand Pre-K, we need the money for capital improvements. Unfortunately, we have run out of space.” Rosson is joined by many other county governments and school boards that have sent resolutions to the legislature in support of the legislation. The bill is also supported by the Tennessee School Board Association. Legislation protects public from sexual predators on work release The Judiciary Committee has approved legislation, sponsored by Senator Paul Stanley (R-Germantown) that provides that any person convicted of sexual offense is not eligible for work release. The bill, SB 3162, applies to sex offenders housed in local jails, private prisons or state correctional facilities. “Sexual offenders should not be allowed the privilege of being able to go back out into the public on work release,” said Senator Stanley. “It is too big a risk to take for the safety of our citizens.” Studies show that sex offenders are rarely, if ever, rehabilitated. This is one of the reasons Tennessee and other states have set up a sex offender registry. “We don’t need to take a chance on a sex offender having the opportunity to commit this offense again, while serving time for this crime,” Stanley added. “The public safety should come first and that is what this bill will do.” Transportation Committee Legislation to restore gas tax money diverted from road fund Legislation that would restore gas tax money from being diverted from the state’s road fund to the general fund to pay for other state government expenses was approved this week in the Senate Transportation Committee. The bill, sponsored by Senator Jack Johnson (R-Franklin) would eliminate the authority of state government to divert approximately $13.7 million in the highway user fees this year. “Our transportation needs are moving towards crisis level in Middle Tennessee,” said Senator Johnson. “Over the last five or six years, $280 million in road funds have been funneled from the gas tax to meet other state government expenditures. This is now catching up with us as our communities are growing and we don’t have the road money to keep up with transportation demands.” The Department of Transportation only spends the funds that are available through its dedicated revenues, the highway user taxes and fees, and federal funding. Called “dedicated funding” since users pay for the roads through gas taxes and fees, a portion of the gasoline tax also goes to cities and counties in Tennessee to fund local roads. “Tennessee must compete in a very competitive economic climate,” Johnson added. We need the infrastructure to bring new and better paying jobs to our communities. Erosion of our road money is a big problem in this effort.” The Highway Fund would receive approximately $11,400,000 of the shifted funds under the bill, SB 2953. Local governments would receive the remaining $2,300,000. Judiciary Committee passes legislation strengthening penalties against the worst drunk drivers The Senate Transportation Committee voted to strengthen penalties against the worst drunk drivers by lowering from .20 to .15 the level Tennessee considers “extreme drunk driving.” The bill, SB 2952, would add up to seven more days of jail time for offenders who are convicted of an extreme drunk driving charge. “The number of victims at the hands of drunk drivers in Tennessee is unacceptable,” said Senator Jack Johnson (R-Franklin), sponsor of the bill. “Fifty-two percent of drivers that were involved in alcohol-related fatalities had BAC levels at or above .16. Drivers at this level are 382 times more likely to be involved in a crash. So, we know that these are the offenders we need to focus our resources on to get them off our roads.” Tennessee is one of few states in the nation that sets the standard at .20, a level when many drunk drivers lose consciousness. There were 1,287 fatalities on Tennessee roads with 509 due to alcohol-related crashes, a 7.6 percent increase from the previous year. Motor vehicle crashes are the leading cause of death among persons between the ages of 3 and 33, with 50% of the victims being in alcohol-related crashes. The National Highway Traffic Safety Administration (NHTSA) has conducted studies showing extreme drunk driving laws work. NHTSA includes the .15 standard for extreme drunk driving in its model legislation for a comprehensive approach to lowering the incidence of DUI in states. Currently, Tennessee has only five of the eleven elements proposed by NHTSA in their model bill. “The .15 level is double the legal limit for drunk driving,” Johnson added. “This bill shows we are serious about removing the worst drunk drivers from our roads.” Open Government bill approved by Senate State and Local Government Committee The Senate State and Local Government Committee approved a major open government bill, sponsored by Senator Randy McNally (R-Oak Ridge), that comes from a Special Open Government Study Committee that worked on the issue last fall. McNally’s bill, however, did not include any changes in the definition of Tennessee’s open meeting requirements. McNally said the bill is a big step forward in opening records to the public. “This bill is the result of two years of study and hours of testimony,” said Senator McNally, who was Chairman of the Special Committee. “The end result comes from an agreement with open government groups and local government representatives. I particularly look forward to having the resource of an open government ombudsperson as provided in the bill.” Bills in Brief Tennessee / Georgia Water Dispute – The State and Local Government Committee approved a Resolution this week to decline Georgia’s request for Tennessee to participate in the Boundary Line Commission proposed by the Georgia General Assembly. Georgia officials claimed earlier this year that the Tennessee-Georgia boundary that has been in effect since 1818 is in error. They further claim that it has deprived Georgia of access to the Tennessee River. “Our rejection of their request, with all due respect, supports almost 200 years of history,” said Senator Bo Watson (R-Hixson). “We share concerns with all our neighbors in the Southeast regarding their water situation. However, their’s is not a reasonable solution.” Special Hearing for Removal of District Attorney -- The Senate Judiciary Committee will have a special meeting on Wednesday to consider a resolution calling for removal of William E. Gibson from the office of District Attorney General of the Thirteenth Judicial District by the Tennessee. Tennessee’s Constitution provides that attorneys for the state may be removed from office by a concurrent two-thirds vote of both Houses of the General Assembly, each House voting separately. The resolution calling for removal, if approved, could be on the floor as early as next Thursday. The thirteenth district includes Clay, Cumberland, DeKalb, Overton, Pickett, Putnam and White Counties Health benefits / Convicted office holders – Senator Jim Tracy (R-Shelbyville) won Senate approval of legislation he sponsored that would end the rights of a member of the General Assembly to continue receiving healthcare benefits if they are convicted of a felony for misuse of their office. The bill, SB 2670, requires the state to end the benefits upon conviction or upon a plea of guilty of such charges if the charges are in relation to the member’s official capacity as a legislator. Women in military – The General Assembly approved a resolution, HJR 1059, this week honoring women who have served in the military. The resolution, sponsored by Senator Diane Black (R-Gallatin) recognizes the “proud history of military service by women in this country since before the Civil War.” Women are fulfilling a broader, more pivotal role in today’s military. March was recognized as Women’s History nationwide. DUI / Inhalants -- Senator Randy McNally (R-Oak Ridge) won approval of legislation, SB 169, in the full Senate this week adding abuse of inhalants to the state’s DUI laws. The bill authorizes various forms of education and treatment; and requires investigation involving inhalant abuse. Inhalants produce an effect that may be similar to alcohol intoxication. Police are seeing a proliferation of this dangerous practice, including a case earlier this month where a driver who had been “huffing” a pressurized dust remover crashed into a Rutherford County special education bus. Health clubs / consumer protection – Consumer protection legislation sponsored by Senator Tim Burchett (R-Knoxville), SB 3420, regarding health club agreements has passed the Senate. The bill requires that health clubs inform consumers that they have seven days to cancel a health club agreement without penalty. Stroke Registry – Senator Diane Black (R-Gallatin) received the approval of the General Welfare, Health and Human Services Committee to establish a Stroke Registry to gather information to better treat the condition. The bill, SB 411, requires East Tennessee State University College of Public Health to maintain a statewide stroke database that compiles information on stroke care. The database will gather information regarding patient’s care and rehabilitation so healthcare experts can obtain more information and see what practices are yielding the best results. Kendra’s Law -- State Senator Tim Burchett (R-Knoxville) won approval of legislation in the Senate General Welfare Committee which will set up a pilot program in three Tennessee counties to address mental health needs. The legislation utilizes the state’s existing mandatory outpatient treatment laws to try to keep citizens, who in view of their treatment history are unlikely to survive safely in the community without supervision, on their medicine. The bill was originally modeled after New York state’s Kendra’s law to provide for assisted outpatient treatment for citizens with mental illness statewide. The legislation, as amended, would provide for mental health safety centers that would enable a special team of health care professionals to intervene to divert those who are mentally ill from jails and into treatment. It also would create 100 funded slots to help pay for case management to provide the mental health care needed for these citizens. ### |
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