January 31 , 2008

Governor presents budget proposal 

     The focus on Capitol Hill this week turned to the budget and education spending as Governor Phil Bredesen unveiled his proposal to fund state government for the 2008-2009 fiscal year.  The governor said the $27.9 billion plan would take “the good ship Tennessee” through the rough waters of an economic slowdown.  

            Senate Majority Leader Mark Norris (R-Collierville) said the Governor’s State of the State speech Monday night set an “appropriately cooperative and conservative tone.” 

“If we work together I think we can get through this tight budget year by making cuts in certain areas and making sure we set the priorities in a way that the people of Tennessee would be proud of us,” said Lt. Governor Ron Ramsey in commenting on the governor’s speech afterwards.  “I am looking forward to working with the governor on his priorities and our priorities and hopefully we can mesh them together and do what is best for the state of Tennessee.” 

            The proposal adds $86.5 million more for K-12 schools through the state’s new Basic Education Program (BEP 2.0) funding formula.  Many lawmakers anticipated $100 million would be added this year, along with the $100 million set back in reserves from last year’s budget to fulfill the phase-in plan set out when the program was implemented last year.  The governor said Tennessee is ranked number 16 in the nation, according to Education Week, which is the most widely-read publication in the field of education as he attributed this change to the reforms passed recently.           

            “I was especially excited to hear the education ranking the governor gave out from Education Weekly,” said Lt. Governor Ramsey.  “Last year, our Senate Education Committee did a lot of work on BEP 2.0 under Chairman Jamie Woodson (R-Knoxville) who worked hard to make that happen.   

The governor’s budget also proposes to spend an additional $29.3 million on a jobs package, $19.8 million for land acquisition and the Heritage Conservation Trust Fund, $10 million for smoking cessation, $5.6 million for the switch grass project at the University of Tennessee’s BioFuels Center, $25 million to add 245 pre-K classrooms, $30.6 million for a 2 percent raise for state employees, and $12 million to increase home- and community-based care to help an additional 2,300 elderly or disabled citizens.  The governor’s budget did not include money for capital improvements or increased operational expenses for Tennessee’s colleges and universities, a move that could call for tuition hikes. 

“We are particularly interested in his (the governor’s) initiative to assist senior citizens,” said Senate Majority Leader Mark Norris (R-Collierville).  “One of the reasons we pushed so hard to get the property tax relief for senior citizens last year is so we would lay the foundation for more home and community-based care.  We would like to think we are encouraging local governments to make it possible for seniors to keep their homes.  I am pleased Governor Bredesen is going to work with us now in fashioning programs that allow our senior citizens to live with dignity in their older years.  I know this is something that Senator Diane Black (R-Gallatin) has worked on for several years, and most recently throughout the summer.” 

            The governor said he would handle the expected $240 million budget shortfall through departmental cuts and through savings in TennCare and Cover Tennessee where the state has accumulated reserves in the prior and current fiscal year.  This is due to adjustments made in federal funding needs and to less than projected participants in CoverTN, which is the program for small businesses, and AccessTN, which is the program for the chronically ill and medically uninsurable. 

            Under the proposal, 27 percent of the budget will go to TennCare, 30 percent to Pre-K-12 education, 12 percent to higher education, 7 percent to transportation, with the remaining 36 percent going to other state government needs. 

Governor’s speech reveals his plan to spend lottery funds 

            While Tennessee revenues for the general fund are sluggish, the balance in the state’s four-year old Lottery Scholarship Fund continues to grow as it has reached maturity, with almost a half-billion dollars in the excess lottery reserve account.  This is in addition to the $17 to $27 million in additional funds that lawmakers can project to spend on a recurring basis each year to expand scholarship opportunities for students in Tennessee’s colleges and universities.  The governor’s speech on Monday revealed some of his intentions regarding how this money should be spent as he asked lawmakers to lower the grade point average (GPA) standards from 3.0 to 2.75 to retain the HOPE Scholarship program.  The program had been established as a merit-based program aiming to encourage students to excel. 

            The governor proposed a $200 million endowment fund from the excess lottery reserves to go to grants to help low-income students pay college tuition.  The endowment plan includes distributing $9 million in grants off the interest of that fund to assist students.  The proposal follows legislation passed last year to provide these grants. 

“I know that last year in the Senate Education Committee we passed out a bill like the governor is proposing for the TSAA grants to allow more people to access those grants,” said Lt. Governor Ron Ramsey.  “We will be enthusiastically on board with that.” 

“The TSAA grants are a priority for all of us, Republicans and Democrats alike,” said Senate Republican Education Chairman Jamie Woodson.  “We passed in our version of it a non-recurring appropriation of $10 million to enhance our TSAC program that was reflective of a lock box constituting $200 million, so that we could conservatively count on a recurring interest.  We welcome the governor aboard and look forward to working with him to see that through.” 

               The Senate Education Committee has set at $410 million as the amount that the General Assembly can access this year to expand opportunities for students or provide capital improvements to K-12 schools.  The state’s constitutional amendment limited the lottery money to college scholarships, expansion of new Pre-K and after school programs, and capital improvements for major improvements or building K-12 schools. The only facet of the 2002 Constitutional Amendment creating the Tennessee Education Lottery yet to be enacted by legislation is granting the use of excess lottery reserves for new capital outlay projects for Tennessee’s K-12 educational facilities.  Senator Jim Tracy (R-Shelbyville) introduced legislation last year calling for a portion of the excess funds to be transferred to a special K-12 capital outlay account for this purpose.  Woodson said all the proposals would be considered in the Senate Education Committee in the coming weeks, as members look for the best way to spend the funds and expand opportunities for students, while continuing to fiscally responsible to keep the promises made to those receiving the scholarships.        

“We can address this (lottery proposals) in a conservative manner.  The last thing in the world we would ever want to do is break a promise to a citizen or a student in Tennessee,” said Woodson.   

Norris pleased with passage of amendment to restore people’s voice 

The Senate approved 23 to 9 Senate Joint Resolution 127 to give Tennesseans the opportunity to restore their voice in determining what state law should be regarding abortion and common sense protections for women and the unborn.   

The Resolution, sponsored by Senator Diane Black (R-Gallatin), and co-sponsored by Senate Republican Leader Mark Norris (R-Collierville), addresses an activist State Supreme Court decision in 2000 that struck down provisions in Tennessee law allowing women to receive “informed consent” information about the surgery and to wait 48 hours before they receive an abortion. The court also ruled against a state requirement that all abortions after the first trimester be performed in a hospital. That ruling made Tennessee more liberal than the United States Supreme Court required in Roe v. Wade and made the right to abortion a “fundamental right” in Tennessee. 

“I am pleased that this Resolution was approved by the State Senate,” said Senator Norris.  “This enables our citizens to vote on the meaning of their Constitution rather than a handful of Supreme Court Justices making it up as they go. It begins the process of restoring the right to decide through their elected legislature what protections should be in place regarding abortions.  The best way to restore these protections is to clarify the Constitution and give the legislature authority to write common sense laws.” 

Sponsors of the Resolution were successful in blocking amendments designed to weaken or kill it, while accepting language to allow the legislature to put into law exceptions for abortion in cases of rape, incest and life of the mother.   

“This matter is too important to play politics,” Senator Black added.  “It is very important that the language is clear and meets court scrutiny.  The Resolution, as amended, accomplishes this.   We knew that those who opposed it would try to muddy the waters for political reasons to change the focus of what this Resolution is about.”  

The Resolution authorizes citizens to vote whether they want to amend Tennessee's Constitution to provide that the right to an abortion is only protected under the U.S. Constitution as interpreted by the U.S. Supreme Court and that the people retain the right through their elected state representatives and state senators to enact, amend, or repeal statutes regarding abortion, including circumstances of pregnancy resulting from rape, incest or life of the mother.   

The Resolution would be voted on in the same manner as the "Victim's Rights Amendment" in 1998, the “State Lottery Scholarship Amendment” of 2002, and the amendment giving property tax relief to the elderly adopted in 2006.  If approved by the House this year and by a two-thirds majority of the next General Assembly in 2009, citizens could expect to see the Resolution on the ballot in November 2010. 

Issues in Brief 

Property Tax Relief for the Disabled – Legislation sponsored by Senate Majority Leader Mark Norris (R-Collierville) was approved by the Senate State and Local Government Committee this week.  The bill increases from $20,000 to $24,000 the maximum allowable income for determining eligibility to participate in the state’s tax relief program for homeowners who are totally or permanently disabled.   

Utility Districts / Water – Senator Bill Ketron (R-Murfreesboro) guided through the State and Local Government Committee, which he chairs, legislation that permits utility districts to form a joint venture with a building authority to allow them to negotiate to get lower interest rates in funding.  The bill helps to address the needs of water shortages by allowing the districts to access funds at a cheaper rate. 

Ethics / General Assembly – Legislation that would end the rights of a member of the General Assembly to continue receiving healthcare benefits if they are convicted of a felony was approved by the Senate State and Local Government Committee this week.  The bill, sponsored by Senator Jim Tracy (R-Shelbyville) 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. The General Assembly has already passed similar legislation ending legislative pensions for those convicted of a crime in relation to their official capacity as a member of the General Assembly. 

Criminal Justice Web Portal --   The Senate Judiciary Committee, chaired by Senator Mae Beavers (R-Mt. Juliet) heard testimony this week regarding the state’s Integrated Criminal Justice Web Portal.  Officials told members of the panel that the communication system is transforming the way law enforcement entities perform investigations. Officials said it is an important first step toward the dissemination of critical information to law enforcement authorities.  It provides a single access point to four state criminal justice databases to allow law enforcement to quickly obtain important information on the computer at the click of a mouse.  Law enforcement officers, like Bob Harris from Wilson County, testified to the program’s effectiveness, which he said has enabled officers to access critical information on their laptops in their vehicles while on the job.  “This is something I think each of us would like to see expanded,” said Beavers. 

Property damage liability insurance -- The full Senate has passed legislation increasing the minimum amount of property damage liability insurance for motor vehicle policies from $10,000 to $15,000.  The bill, sponsored by Senator Jim Tracy (R-Shelbyville) reflects economic inflation that has taken place over the last several years to make sure that victims are better protected when an accident occurs. 

Sex Offenders – Senator Diane Black (R-Gallatin) pushed legislation through the Senate Judiciary Committee this week to add the offense of “aggravated rape of a child” as a “violent sexual offense” for the purpose of the sexual offender registry.  The addition requires any person who is convicted of rape of a child to register as a violent sexual offender instead of a sexual offender to note the severity of the crime.  

College Goal Sunday - February 10, 2008 

I want to make you aware of ways that you as can take advantage of available state and federal dollars in the pursuit of higher education.  February 10 has been declared "College Goal Sunday," a day when financial aid counselors will be available across Tennessee to help you and your family examine educational funding opportunities for which you may be eligible and to offer assistance in the completion and usage of the Free Application for Federal Student Aid (FAFSA).  If you are thinking of pursuing a college degree or know someone who is, please let them know about this opportunity for valuable assistance.  Within the counties of the 32nd district, College Goal Sunday conferences will be held at the Tennessee Technology Center at Covington, the main campus of Dyersburg State Community College in Dyersburg, Southwest Tennessee Community College in Memphis, Lemoyne Owen College in Memphis, the Tennessee Technology Center at Memphis, and White Station High School in Memphis.  All College Goal Sunday events across the state will begin at 2:00p.m.  I am proud that the Tennessee Student Assistance Corporation is sponsoring this statewide initiative, and I encourage you to take part.  To register for the conference nearest you and to find more information, visit www.collegegoalsundaytn.org.   

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