Budget hearings, health care, and anti-crime legislation highlight Capitol Hill Week

Senate Committees worked at “full steam” this week as State Senators examined the budgets of 10 agencies and departments of state government and approved a number of important bills. Passing a responsible state budget which meets the needs of Tennesseans and creating an optimal business climate to boost job growth top the list of legislative priorities this year.

The budget hearings are part of the process of reviewing how taxpayer dollars are spent to examine whether the money is being used efficiently and effectively to meet the state’s goals for each department or agency. Particular scrutiny is given to any proposed cuts or recommendations for improvements sent to the legislature by the Governor. The hearings will continue through March 13 until the budgets of all agencies all departments have been reviewed. Adoption of the budget is traditionally one of the last bills to be passed before adjournment.

In other news on state finances, Senate Majority Leader Mark Norris (R-Collierville) and Senate Finance Chairman Randy McNally (R-Oak Ridge) announced Tennessee has refinanced $449,070,000 in General Obligation Refunding Bonds, generating $37 million in savings for the state. The goal of this refinancing was to achieve debt service savings over the life of the debt equal to 4 percent of the present value of the refunded bonds. The State surpassed this goal, achieving 7.46 percent present value savings totaling $34,031,900. The savings were realized proportionally over the life of the refinanced debt.

Tennessee Senators join as amicus parties in challenging the constitutionality of the individual mandate in

White House Health Care Plan

In other action, 77 Tennessee lawmakers announced this week that they are joining 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 U.S. Supreme Court in preparation for the oral arguments scheduled to begin on March 27. Governor Haslam also announced his support of a separate brief filed by the Republican Governor Public Policy Committee (RGPPC) arguing against the constitutionality of the White House health care plan.

“The White House plan will stifle innovation and actually increase the cost of insurance,” said Lt. Governor Ron Ramsey (R-Blountville). “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 Senate Majority Leader Mark Norris (R-Collierville). “States’ rights, individual liberties and our ability to keep the federal government from infringing those rights are at stake.”

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 the state 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, a principle that was emphasized in the amicus curiae brief filed with the Court.

Anti-Crime package continues to advance through General Assembly

Governor Bill Haslam’s anti-crime bills continued to advance through the legislative process this week, including a measure increasing penalties for repeat domestic violence offenders. The “Repeat Domestic Violence Offender” bill would provide at least 45 days in jail and a fine ranging from $350 to 3,500 for those convicted of a second offense for domestic violence. In addition, the bill strengthens penalties for a third or any subsequent offense to 120 days in jail and a fine ranging from $1,100 – $5,000.

The legislation, sponsored by Senator Doug Overbey (R-Maryville), aims to curb the growing problem of domestic violence in Tennessee. Tennessee is ranked fifth in the nation for women murdered by men as a result of domestic violence. Overbey said he sponsored the legislation at the request of Senate Majority Leader Mark Norris (R-Collierville), who is responsible for assisting Governor Haslam with passage of his legislative priorities.

The bill now goes to the Senate Finance Committee where Overbey told committee members that he will continue to work with state and local officials to offset the cost of housing prisoners who receive the mandatory jail time. The Governor included $780,000 in his proposed budget to pay for the legislation.

“When I first, at Senator Norris’s behest, took the bill, I took it at a time when there wasn’t a fiscal note,” said Overbey. “I was enthusiastic to sponsor the legislation because this is a tragic and growing problem in Tennessee that needs to be addressed. I will continue to work with mayors, sheriffs, district attorneys and Governor Haslam as we work towards a solution to offset the costs of housing offenders in local jails.”

Gang Violence – The Senate Judiciary Committee has approved Senate Bill 2252, sponsored by Senator Mark Norris (R-Collierville), which bumps up penalties by one classification if “a crime of force or violence is committed while acting in concert with two or more other persons.” A person robbed by a gang has a much greater chance of suffering severe injury or death. The bill, which must now receive approval by the House of Representatives, is pending action in the House Finance Committee.

Drug Abuse – Two bills aiming to curb drug abuse were approved by the full Senate this week dealing. The proposals, sponsored by Senator Randy McNally (R-Oak Ridge) are also part of the Governor’s public safety package. One bill deals with the purchase of amphetamines for the purpose of making meth. Senate Bill 2235 makes it a misdemeanor to “attempt to purchase” and “attempt to sell” amphetamines for a non-medical use or unlawful purpose, including the manufacture of meth, leaving a felony as the punishment for completing the act.

Issues in Brief

Tennessee Electronic Library (TEL) — Similarly, Secretary of State Tre Hargett who presented his budget in the Senate Finance, Ways and Means Committee, told State Senators that the state’s Electronic Library is receiving over 33 million Internet searches a year. The electronic library is an online collection of more than 400,000 resources, with over 150,000,000 articles, videos, e-books, podcasts and other reference materials available to any Tennessean with Internet access. TEL is used by over 100 libraries across the state and saves Tennessee schools and libraries about $94 million a year to purchase the resources that are available to them free of charge.

Electronic Fraud Hotline — The Senate State and Local Government Committee has approved legislation calling for an electronic hotline for citizens to email any reports of fraud or abuse in state government spending. The bill, sponsored by Senator Becky Duncan Massey (R-Knoxville), adds electronic notifications to the current telephone hotline authorized under the Advocacy for Honest and Appropriate Government Spending Act.

Voter ID – Tennessee Secretary of State Tre Hargett told lawmakers on the Senate Finance Committee this week that 1.5 million copies of the state’s new voter identification requirements have been distributed to citizens to educate them on the new law. Hargett appeared before the Committee to present the budget for the Secretary of State’s office, which includes the Division of Elections. “I want to compliment you and Election Coordinator Mark Goins for the time and effort you put in since we implemented this bill,” said Senate Republican Caucus Chairman Bill Ketron (R-Murfreesboro). “I think you have looked under every rock possible to find ways to create greater awareness and eliminate confusion about the new law.”

Severe weather preparedness — The Tennessee Emergency Management Agency (TEMA) and National Weather Service (NWS) are promoting preparedness for families, individuals and businesses as the state observed Tennessee Severe Weather Awareness Week. TEMA has announced the release of a new mobile, smartphone application, Ready TN. The application helps citizens know the hazards in their community and the preparations they should take to be ready for any emergency. The application provides location-based information on severe weather, road conditions, open shelters and local government contacts. Preparedness tips for specific hazards and checklists for emergency kit items are also provided in the application’s content. The Ready TN smartphone application is currently available in the Android Market by searching for Ready TN. The application is under development for use on the Apple iPhone.

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Your boss offers you a 5 percent raise. The only catch is that in return you risk being fired at any time, without any right to an explanation. Would you take it?

This is the dilemma that 26,000 Arizona state employees may soon face if Governor Jan Brewer’s proposed overhaul of the state’s personnel system becomes a reality. Her budget calls for a 5 percent raise for employees who voluntarily give up all civil service protections. Brewer argues that there’s no reason in this day and age for state workers to be treated differently than employees in the private sector, who generally have “at will” status and are promoted or fired based on their performance rather than being protected by seniority.

Some employees would certainly be tempted.  “These are people who desperately need the money,” says Sheri Van Horsen, president of AFSCME Local 3111 in Arizona. Since 2008, their pay has been cut by 2.75 percent. Even so, Van Horsen doesn’t expect many would be desperate enough to take the bait, which she believes would lead to a system where rank-and-file state employees are hired and fired based on political affiliation rather than merit.

Brewer, a Republican, has made clear that what she calls “modernizing” the state’s personnel operation is among her top priorities. She envisions a system that rewards high-performing employees and doesn’t tolerate poor performers. “Either we provide state supervisors the flexibility they need to manage their workforce, or we accept a personnel system bound up with bureaucratic red tape,” she said in a February 14 statement. “Either we institute these reforms, or we continue outdated policies that provide most state workers with protections enjoyed by virtually no one in the private sector.”

Brewer’s proposal would automatically eliminate civil service protections — including the ability to file a grievance or appeal disciplinary actions — for new hires and some current employees. Anyone who accepts a promotion or transfers to another position in state government would also become “at will.” Because of high levels of expected turnover, the governor’s office expects that, under the proposal, 82 percent of the workforce would become “at will” within the next four years, compared to 26 percent currently. The measure is scheduled for a committee hearing today (February 16).

Traditional structure

State civil service systems were put in place to combat the cronyism and patronage that was pervasive at all levels of government in the early 20th century. Rigorous testing methods and job protections were created to ensure that employees would be hired based on their merits, rather than political affiliations, and would be shielded from political influence. Due process and grievance and appeal procedures were put into place to guarantee that rank-and-file employees wouldn’t be thrown to the curb every time there was a change in administration.

“The public sector has to serve the people, and it should serve all people — not whatever party happens to be in power,” says Joseph Cayer, professor emeritus at Arizona State University’s School of Public Affairs. “It’s far more likely that [partisanship] would happen under an at-will system where employees don’t have any right to due process job protections.”

Still, Brewer isn’t alone in arguing that state civil service systems could use some updating to account for the realities of the modern job market. Over the past few decades, a number of states have gradually shifted toward a more flexible and less traditional civil service structure, often exempting a greater percentage of employees from merit protection. The approaching wave of baby boomer retirements, and the influx of new hires that this will generate, are adding urgency to the debate over changes to state hiring practices in general.  

Georgia’s experiment

Georgia was the first state to make an aggressive change to its civil service system, eliminating merit status for all new employees in 1996. Most Georgia workers now serve at-will, and the state places a strong emphasis on rewarding high-performing employees. Last year, Indiana overhauled its personnel code for the first time in 70 years, largely eliminating its existing merit system and placing most employees in at-will status. “We equalized it so that the same rules apply to everybody,” says State Personnel Director Daniel Hackler. An existing appeals process was kept intact to ensure that employees aren’t terminated without good reason.

The key when considering such changes, public management experts say, is to find the right balance between increased flexibility and the controls necessary to prevent discriminatory practices. “Reform is not a bad thing, but we don’t want to throw the baby out with the bath water,” says Paul Battaglio, associate professor of public affairs at the University of Texas-Dallas. Increased job security is part of the reason that public employees are often willing to accept lower salaries than they would receive in the private sector. Battaglio worries about government’s ability to recruit and retain a talented workforce without civil service protections — or an accompanying boost in pay for high achievers, which is often promised by reformers but rarely lives up to expectations.

Battaglio says that while no one has been able to determine the effects on employee productivity and performance, his own research on Georgia state worker attitudes toward at-will employment has turned up some troubling findings. He says the new system has created a less trusting environment in which employees are skeptical of their managers. “These reforms are doing the exact opposite of what they’re supposed to do,” he says. “From our assessment, they’ve produced an environment of distress that isn’t really very motivational.”

Antiquated rules?

Arizona isn’t the only state where current leaders are pushing to ease a host of civil service requirements they view as antiquated. In Colorado and Tennessee, respectively, Democratic governor John Hickenlooper and Republican Governor Bill Haslam have made civil service changes a key part of the public agenda.

The debate in Colorado is particularly tricky because many of the rules the governor believes to be inefficient are enshrined in the state constitution and would require a vote of the people to change. For that reason, they have been largely untouched for the past 40 years. “The state Constitution is riddled with personnel rules and administrative procedures that are obsolete and should be reformed,” Hickenlooper said in his state of the state address on January 12.

Kathy Nesbitt, executive director of the Colorado Department of Personnel and Administration, says the package of changes the administration wants the legislature to place on the ballot takes an incremental approach to change. The goal is to modernize the civil service system that has been in place for 92 years, not eliminate it. Even that won’t be easy: Voters rejected a similar proposal that made it through the legislature in 2004, a casualty of inadequate outreach and education on the state’s part, Nesbitt believes.

Current rules in Colorado allow the state to interview only the three highest-ranking candidates for a vacant position, as determined by a complicated calculus usually involving competitive testing, degree of experience and résumé review. This so-called “Rule of Three” often makes it difficult to find a candidate whose skill set and personal attributes seem to be a good all-around match for a department’s needs, Nesbitt says. Younger candidates don’t often make it into the running — a problem as the state thinks about succession planning and building a replacement workforce for the exodus of retiring baby boomers.

Attack on bumping

The administration would like to move toward a more flexible pool of candidates and is proposing a “Rule of Six.” Candidates would be evaluated through “comparative analysis” rather than the current formal scoring system, lessening the emphasis on written tests. It doesn’t make much sense to ask someone applying for a high-level position to take a basic math test, Nesbitt says. Asking applicants to go through such rigmarole can deter highly qualified candidates from applying.

Another central focus of discussions in both Colorado and Tennessee is ending, or at least minimizing, the practice of “bumping.” That happens when employees whose positions are being eliminated force others with less seniority into lower positions, or even out of the workforce altogether. The practice often sets off a chaotic chain reaction that can undo years of training.

A video released by the Haslam administration to promote legislation in Tennessee illustrates this phenomenon, with employees displacing other employees across broad geographical regions at great inconvenience to everyone. “The amount of churn that takes place is very disruptive,” Nesbitt says of bumping in Colorado. “You often end up with a person who is more interested in retaining their pay than in the type of work they’ll be doing.”

Proponents of the changes being discussed in Tennessee and Colorado insist that much of what they’re proposing is just common sense. “There is more agreement than disagreement on many of the provisions,” says Senate Majority Leader Mark Norris, who is sponsoring Tennessee’s legislation.

Still, it’s so early in the process that it’s hard to know what’s in store or even what shape the final legislation might take. Norris realizes that the battle lines haven’t fully been drawn yet in Tennessee and that the proposed changes to procedures for laying off employees will be a big deal to many of them. “It has created uncertainty for a lot of folks who have never worked under that sort of arrangement in the private sector,” he says.

A group of Tennessee lawmakers are joining their counterparts from around the country in registering with the U.S. Supreme Court their opposition to President Barack Obama’s signature domestic legislation, the health care reform bill.

Oral argument before the high court is scheduled for March 27. And the Tennessee legislators have filed a brief with the court as amicus parties, or friends of the court, laying out their arguments challenging the constitutionality of the health care bill’s individual mandate provision.

Signing on to the brief were Lt. Gov. Ron Ramsey, R-Blountville; State Sen. 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 Chair Mae Beavers, R-Mt. Juliet. They join 77 other Tenn. lawmakers, plus 26 other states and the National Federation of Independent Business in filing as amicus parties.

The centerpiece of their opposition is the component of the new health care law that requires almost all people in the U.S. to buy health insurance or pay a fine.

In a statement, Ramsey said “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.”

Norris said that opponents of the law believe state’s rights, individual liberties and “our ability to keep the federal government from infringing those rights” are at stake.

It should be noted Tenn. Atty. Gen. Bob Cooper has not gone along with calls to join in with other states in challenging the law in court.

The annexation of Grays Creek is on hold after Memphis City Council members met Tuesday, Feb. 14, in special session to approve the annexation ordinance on the second of three readings.

Once it passed, the council then voted to table the matter which puts it on hold indefinitely.

The council took the action the day after State Senate Republican leader Mark Norris of Collierville formally withdrew two bills that would have taken the Grays Creek area from the city of Memphis annexation reserve and required a referendum of residents to be annexed before any annexation could become final.

Norris’s action followed a legal opinion from the Tennessee Attorney General’s office that both bills were unconstitutional.

With the bills withdrawn, council members stopped their fast track annexation move at second reading. Should the legislation return, the council would then consider taking the third and final vote on annexation.

The council also dropped a companion ordinance on the agenda for first reading to annex the Bridgewater area – an unincorporated area in the Memphis reserve that is surrounded by the city of Memphis.

Memphis, Tn – The City of Memphis has halted its plans to annex the Gray’s Creek area in Southeast Shelby County.
 
Tuesday, the Council held a special meeting to officially “table” the annexation. The Council did pass the annexation on a second reading, but then tabled indefinitely, so they could move forward with a single vote to pass the measure if there are more annexation bills brought up on the state level.
 
The move comes after State Senator Mark Norris dropped his legislation that interfered with the city’s annexation agreement.

Earlier this month, Senator Norris proposed a resolution that would give parts of Memphis’ annexation territory to the County.

Memphis responded by moving ahead on annexation.
 
Now both sides are standing off.

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.

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 Jan. 31. In his ruling, Judge 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, 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 Nov. 14, 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 on Monday.
 
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.

One of the governor’s signature bills – a measure that would make information secret when a company seeks grant money from the state – hit a speed bump tonight in the Tennessee Senate.

Bo Watson, a Chattanooga Republican, presented the governor’s bill. He says making much of the state grant application confidential will allow decision-makers to have much more information. 

“If you look at the language of the bill, you will see that it specifically mentions information that businesses hereto before have not released to the department, for concern that it might go public – business processes, organizational structure and ownership, financial statements , budget.”

But Democrat Roy Herron of Dresden says he doesn’t believe the Economic and Community Development Department has been in the dark about who owns the companies that get tax incentives or grants. He says the bill’s result will be to keep Tennessee taxpayers in the dark. 

“There may be a compelling reason why we’re gonna give away, or the department’s going to give away, state tax dollars – and the people whose money is being given away, those who pay the taxes, can never find out who they gave the money to.”

The two sides skirmished through the evening until the governor’s floor leader, Mark Norris, called a truce and put the bill off until Thursday.

Senator Norris says he’ll need to talk to more Democrats before calling the measure up again. The House version of the ECD confidentiality bill comes up this morning in the Commerce Committee.

WEB EXTRA

 The two senators sparred for long minutes but made the same points, repeatedly.
 
Herron proposed a situation in which a new governor had greedy relatives. 

“And let’s suppose it’s eight years from now. And the new governor that comes in eight years from now has a brother, or a sister, or a child, and one of them owns an interest in the business. And the business comes along, and they want state tax dollars. As I understand this legislation, this would mean, that if there was an ownership interest by a family member of a governor, of a commissioner, or a legislator, any of us in this room, any of them on the first floor, any of them in the administration, that that could be kept confidential, forever.”

Not forever, argued Watson. 

“This language does not speak to any release however it is consistent with whatever is currently in the law relative to marketing materials and capital plans.”

Those marketing plans are confidential until the “provider of the material” no longer requires its confidentiality, according to the summary of the bill provided by legislative staff.
 
The bill is SB 2207 Norris/ HB 2345 McCormick.

A staff summary of the bill is here.

NASHVILLE, Tenn. — Gov. Bill Haslam’s proposals to crack down on the sale or manufacture of certain drugs are advancing in the Senate.

Both bills are part of the Republican governor’s crime package and are carried by Senate Majority Leader Mark Norris of Collierville. They were unanimously approved by the Senate Monday evening.

One proposal adds and removes certain substances from the list of controlled substances in order to put it in compliance with the federal schedule.

The other measure revises certain provisions regarding someone who knowingly attempts to sell or purchase a product with the intent to manufacture methamphetamine.

Both bills are awaiting a vote in a House subcommittee.

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Online:

Read SB2230 and SB2235 at http://capitol.tn.gov.

State Senate takes up public safety bills

Law and order legislation dominated debate in the State Senate this week as lawmakers considered several of Governor Bill Haslam’s public safety bills, including proposals sponsored by Senate Majority Leader Mark Norris (R-Collierville), Senator Mike Faulk (R-Church Hill), and Senator Randy McNally (R-Oak Ridge). The Judiciary Committee advanced legislation to enact tougher sentences for gun possession by those with prior violent felony convictions and two drug abuse measures, while the State and Local Government Committee approved a bill to realign under the Department of Correction the supervision of adult felony offenders to include probation, parole and community corrections.

The bills were drafted at the recommendation of a Public Safety Subcabinet Working Group composed of more than 10 government agencies which held meetings with over 300 leaders in law enforcement, substance abuse, and corrections. The group developed 11 objectives and 40 action steps in their multi-year safety action plan with the goal of significantly reducing drug abuse and drug trafficking; curbing violent crime; and, lowering the rate of repeat offenders in Tennessee.

Felons with Guns — Among bills approved was Senate Bill 2250, by Senator Norris, that would increase from a Class E felony to a Class C felony the punishment for convicted felons carrying a firearm whose crime involved the use of force, violence, or a deadly weapon. The punishment would be a Class D felony for those whose conviction involved a felony drug offense.

“Keeping our citizens safe is one of government’s primary responsibilities,” said Senator Norris. “This bill will give District Attorneys in Tennessee a stronger tool to keep convicted felons, who are prohibited from possessing a firearm, off Tennessee streets.” Norris sponsored a series of anti-crime laws passed in recent years designed to curb gun-related violence and focus resources on keeping these criminals behind bars longer and protecting the public.

Gang Violence — Norris is also the sponsor of Senate Bill 2252 that would enhance penalties for certain crimes committed by groups of three or more people. Shelby County Deputy District Attorney General John Campbell told members of the Judiciary Committee that a person robbed by more than one assailant has a much greater chance of suffering severe injury or death. The bill to keep them behind bars longer bumps up penalties by one classification for aggravated assault, robbery, or aggravated burglary, if the crime is committed in concert with two or more persons. Action on the legislation was deferred until next week at the request of the sponsor.

Corrections — Senate Bill 2248, sponsored by Senator Faulk, was approved by the Senate State and Local Government Committee. The legislation gives the State Department of Corrections the authority to supervise probation and parole services to provide a seamless one person contact for offenders throughout the entire criminal justice system.

The legislation was part of the administration’s top to bottom review of departments and agencies conducted last year. The consolidation of these agencies will reduce the competition for providers and allow for continuity of a single point of contact. Forty states operate under a consolidated system, which is widely recognized as a best practice in corrections. The existing organizational structure that actually performs under the Board of Pardons and Paroles will remain intact upon transfer to the Department of Corrections.

“This will save the state nearly three quarters of a million dollars without any apparent change in personnel, and is the optimal model in corrections throughout the U.S.,” said Senator Faulk.

Drug Abuse – In other action on the Governor’s public safety legislation, Senator Randy McNally (R-Oak Ridge) received approval from the Senate Judiciary Committee for legislation clarifying two statutes in Tennessee law dealing with the purchase of amphetamines for the purpose of making meth. Senate Bill 2235 makes it a misdemeanor to “attempt to purchase” and “attempt to sell” amphetamines with the intent to sell it to another for a non-medical use or unlawful purpose, including the manufacture of meth, leaving the felony as the punishment for completing the act.

A second proposal sponsored by Senator McNally and approved by the Judiciary Committee adds numerous opiates, depressants, stimulants, and narcotics to Schedule I through V of the Controlled Substances Schedule. Senate Bill 2230 also adds Tramadol and Carisoprodol to Schedule IV of the Controlled Substances Schedule. A controlled (scheduled) drug is one whose use and distribution is tightly controlled because of the potential for abuse. Controlled drugs are rated in the order of their abuse risk and placed in Schedules by the Federal Drug Enforcement Administration (DEA). The drugs with the highest abuse potential are placed in Schedule I, and those with the lowest abuse potential are placed in Schedule V.

“Drug abuse is one of Tennessee’s most serious public safety concerns,” said Senator McNally. “It is not only an underlying factor that leads to crime in our state, it touches just about every family in Tennessee.”

Other bills in the Governor’s public safety package, including a major prescription drug abuse bill sponsored by Senator Ken Yager (R-Harriman), will be considered by the General Assembly in the coming weeks.

Forestry officials warn lawmakers of two new pests which threaten Tennessee walnut and ash trees

Members of the Senate Energy and Environment Committee heard disturbing testimony from state forestry officials this week regarding two new pests which threaten the health of Tennessee’s forests. Assistant State Forester David Arnold said both the Emerald Ash Borer and Thousand Cankers Disease were first detected in the Knoxville area but have the potential to cause significant damage across the state, including wiping out entire species of trees. Forestry officials liken the threat to the chestnut blight which caused tremendous damage to that species of trees in the early part of the last century.

The Emerald Ash Borer, which came to the U.S. from packing material in Asia, attacks only ash trees. The Division of Forestry estimates that five million urban ash trees in Tennessee are potentially at risk from the pests. The Thousand Cankers Disease is a progressive disease caused by a fungus that is transmitted by the walnut twig beetle. The name “thousand cankers” is due to the numerous cankers, or infected tissue, which deprive black walnut trees of water and nutrients. The Tennessee Department of Forestry estimates that 1.38 million black walnut trees in Tennessee’s urban areas are potentially at risk from the disease.

Arnold said Forestry officials have taken action to protect the health of forests and have led incident management teams following the detection of the diseases. They are continuing to survey any additional infestations and are conducting outreach to commercial forest industries and the public to quarantine the problem and prevent the spread of the diseases. He said that one of the most effective methods to contain the spread of the diseases is to control the transportation of firewood. Forestry officials are warning the public not to transport firewood into or within Tennessee. They have urged the public to buy wood from a local source where it is to be burned and not to bring firewood home from camping trips. They are also urging citizens to watch for infestation in their ash and black walnut trees.

Issues in Brief

Tennessee Officials / Judicial Diversion — The Tennessee State Senate gave final approval to legislation sponsored by Senator Ken Yager (R-Harriman) which makes state or local officials who have committed a crime during their term of office ineligible for consideration of either pre-trial or judicial diversion. Judicial diversion is the process in criminal law when a person pleads guilty to a crime and can later have the charge removed (or expunged) from their record following a period of probation. Senate Bill 2566 would simply add a criminal offense committed by an official in the executive, legislative or judicial branch to the list of those which are ineligible for judicial diversion, if the crime was committed, in their official capacity or involved the duties of their office.

New “I Hate Meth” law results are promising — Just released January data collected by the National Precursor Log Exchange (NPLEx) reveals impressive results for Tennessee in blocking unlawful sales of pseudoephedrine (PSE) at the sales counter. Senator Mae Beavers (R-Mt. Juliet) and other sponsors of the “I Hate Meth” law are touting the results as proof Tennessee is making progress in the fight against meth with legislation passed by the General Assembly last year. NPLEx uses real-time, stop-sale technology to block PSE sales. NPLEx has only been implemented in Tennessee for one month, but the electronic system has successfully blocked the sale of more than 4,993 illegal boxes of PSE, keeping more than 13,000 grams off of Tennessee streets.

Elections / Photo ID — 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.

Tennessee Law Enforcement Officers / Death Benefit — The full Senate has approved legislation to extend a $25,000 death benefit currently provided to local police officers or sheriffs’ deputies to state employees engaged in the detection and prevention of crime. Senate Bill 2204, sponsored by Senate Majority Leader Mark Norris (R-Collierville), would provide a death benefit to Tennessee Highway Patrol (THP) officers, Tennessee Bureau of Investigation (TBI) agents, Tennessee Wildlife Resources Agency Park Rangers employed by the Department of Conservation and Environment, and bomb and arson officers in the Department of Commerce and Insurance. The death benefit would apply to employees who are killed in the line of duty.

Tennessee National Guard Day — March 3 would be declared “Tennessee National Guard Day” under legislation which met the final approval of the full Senate this week. Senate Bill 2231, sponsored by Senator Dolores Gresham (R-Somerville) and Senate Majority Leader Mark Norris (R-Collierville), honors and recognizes Tennessee National Guard personnel each year on that date for their service and sacrifices in defense of our nation and for responding to domestic missions within the borders of our state. The bill is pending action in the House Calendar and Rules Committee before receiving final approval in the House of Representatives.

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Tennessee State Senate Republican leader Mark Norris of Collierville said Thursday, Feb. 9, he plans to withdraw two bills affecting annexation in Shelby County.

Norris announced the withdrawal of the legislation following a legal opinion from the Tennessee Attorney General’s office.

One bill would have taken the Grays Creek area of unincorporated Shelby County from the city of Memphis annexation reserve. The other would have required a referendum in order to annex an area in Shelby County and it would have permitted a referendum vote to deannex an area already taken in by a city.

The highly anticipated legal opinion said the first bill is “constitutionally suspect” because it affects one county or municipality.

The Tennessee Constitution gives the legislature the power to create, merge, consolidate and dissolve municipalities under general law. That authority includes methods “by which municipal boundaries may be altered.”

The alteration clause was added to the Tennessee Constitution in 1953. A 2009 ruling by the Tennessee Supreme Court in the case of Highwoods Properties Inc. v. city of Memphis held that the intent of the clause was to eliminate problems “that had arisen in regard to the legislature enacting legislation affecting only one county or municipality.”

“In short, no Tennessee case has upheld an annexation statute with population classifications against a challenge under the municipal boundaries clause,” reads the legal opinion signed by Tennessee Attorney General Robert E. Cooper Jr.

The population classifications are in the annexation and deannexation referendum legislation which would have applied the requirement to any city or town in a county with a population greater than 900,000.

Norris said the bills will be withdrawn during the Monday, Feb. 13, meeting of the State Senate.

Norris said he signed on as Senate sponsor of the bills because of requests from constituents who live in the Grays Creek area.

“Citizens in these communities want their voices to be heard which was the impetus for filing the legislation,” Norris said in a written statement. “Although we felt this would likely be the outcome, it was important enough to our constituents to file the bills and get the Attorney General’s opinion.”

The timing of the bills touched off moves by the Wharton administration and the Memphis City Council to annex the area.

The bills were also proposed as several suburban towns and cities consider forming their own municipal school districts. The boundaries for all of the proposed school districts include land in the Memphis annexation reserve.