2009-01-30 legislation filed to SB0099

Since House Bills generally drive the legislature I've focused on them. I don't usually duplicate the Senate version when it gets filed. Here are the Senate Bills that have been filed with no House sponsors yet.

*SB 0033 by Sen. Tim Barnes (D-Adams)

Highway Signs - As introduced, "Charles 'Chuck' Duncheskie Memorial Parkway," Dover Crossing in City of Clarksville, Montgomery County. -

*SB 0034 by Sen. Beverly Marrero (D-Memphis)

Mental Illness - As introduced, authorizes judicial commitment to mandatory outpatient treatment as an alternative to involuntary care and treatment in a hospital or treatment resource. - Amends TCA Title 33, Chapter 6, Part 5.

*SB 0035 by Sen. Beverly Marrero (D-Memphis)

Remedies and Special Proceedings - As introduced, allows court to deny name change petition if court believes it is to defraud, not made in good faith, will cause injury, or compromises public safety. - Amends TCA Title 29, Chapter 8, Part 1.

This isn't already within the authority of a judge?

*SB 0036 by Sen. James Kyle, Jr. (D-Memphis)

Banks and Financial Institutions - As introduced, delays foreclosure proceedings and the eviction of a tenant residing in a single-family residence under certain circumstances. - Amends TCA Title 29; Title 35; Title 45; Title 47 and Title 66.

*SB 0037 by Sen. James Kyle, Jr. (D-Memphis)

Lottery, Scholarships and Programs - As introduced, expands eligibility for helping heroes grants to include current members of a reserve or Tennessee national guard unit who have served on active military service of the United States and who meet all other eligibility requirements for the grants; removes limitation on the number of recipients of helping heroes grants, but retains limitation on the amount to be expended for such grants. - Amends TCA Section 49-4-938.

*SB 0048 by Sen. Dewayne Bunch (R-Cleveland)

Lottery, Scholarships and Programs - As introduced, changes Tennessee HOPE scholarship eligibility requirement for children of military parents deployed outside of Tennessee, who did not reside in Tennessee immediately prior to application for the scholarship and did not graduate from a Tennessee high school, from "parent's home of record was Tennessee at time of entry into military service" to "such student qualifies for in-state tuition at time of enrollment in an eligible postsecondary institution." - Amends TCA Title 49, Chapter 4, Part 9.

*SB 0051 by Sen. Dewayne Bunch (R-Cleveland)

Judges and Chancellors - As introduced, requires meetings of judicial selection commission regarding judicial vacancies to be held in public. - Amends TCA Title 17, Chapter 4, Part 1.

Judicial Selection Committee? I thought that was being sunsetted---it being unconstitutional and all. See also SB0061 below.

*SB 0052 by Sen. Dewayne Bunch (R-Cleveland)

Domestic Relations - As introduced, requires the department of children's services to report to the select committee on children and youth the total number of adoptions, the number involving adoptive parents that are related to the child, and the number involving adoptive parents that are not related to the child each year. - Amends TCA Title 4; Title 36; Title 39; Title 67 and Title 68.

*SB 0053 by Sen. Dewayne Bunch (R-Cleveland)

Taxes, Privilege - As introduced, authorizes certain counties or municipalities to increase the rate of certain taxes levied on transient vendors; requires any such tax rate increase to be levied by two-thirds vote of the local legislative body. - Amends TCA Title 67, Chapter 4.

*SB 0056 by Sen. Dewayne Bunch (R-Cleveland)

- As introduced, suspends driver license of a student suspended for 10 or more days during a school year until the student reaches 18 years of age or for two years from the date of the 10th day of suspension, whichever is later, and provides that unlicensed student who is suspended for 10 or more days in a school year shall not be eligible for a driver license until reaching 18 years of age or for a period of two years from the date of the 10th day of suspension, whichever is later. - Amends TCA Title 49 and Title 55.

*SB 0057 by Sen. Dewayne Bunch (R-Cleveland)

Courts, General Sessions - As introduced, provides that each county with a population in excess of 100,000 according to 2010 federal census be served by at least 3 divisions of general sessions court to be presided over by at least 3 full-time judges. - Amends TCA Title 16, Chapter 15.

*SB 0058 by Sen. Dewayne Bunch (R-Cleveland)

Safety, Dept. of - As introduced, requires hearings by department of safety reviewing revocation of driver license of person under age of 18 to be held at a time other than during school hours. - Amends TCA Section 49-6-3017 and Title 55, Chapter 50.

*SB 0059 by Sen. Dewayne Bunch (R-Cleveland)

Architects, Engineers and Designers - As introduced, exempts signs that cost $25,000 or less, have no more than 150 square feet of sign face, and are no more than 25 feet high from requirement that registered architect or engineer must prepare plans and specifications for any building or structure. - Amends TCA Title 62, Chapter 2.

*SB 0061 by Sen. Dewayne Bunch (R-Cleveland)

Judges and Chancellors - As introduced, requires meetings of judicial selection commission regarding judicial vacancies to be held in public. - Amends TCA Title 4, Chapter 29, Part 2 and Title 17.

*SB 0062 by Sen. Dewayne Bunch (R-Cleveland)

Judicial Districts - As introduced, requires judicial council to draft proposal reconstituting existing judicial districts by January 1, 2010, based upon population and provides that future determinations as to need for new judicial positions be based exclusively on population rather than weighted caseload formula. - Amends TCA Title 16, Chapter 2, Part 5.

*SB 0050 by Sen. Dewayne Bunch (R-Cleveland)

Child Custody and Support - As introduced, creates rebuttable presumption that shared custody is in child's best interests. - Amends amend TCA Title 36, Chapter 6, Part 1.

*SB 0066 by Sen. Dewayne Bunch (R-Cleveland)

Criminal Offenses - As introduced, creates theft offense of making false statement or concealment of material fact for purpose of obtaining accommodation in housing project of a housing authority or for paying less rent than required for such dwelling. - Amends TCA Title 39, Chapter 11, Part 1 and Title 39, Chapter 14, Part 1.

*SB 0067 by Sen. Dewayne Bunch (R-Cleveland)

Education - As introduced, defines "alternative education" as nontraditional academic program designed to meet the student's educational, behavioral, and social needs. - Amends TCA Title 49.

*SB 0072 by Sen. Jim Tracy (R-Shelbyville)

Local Education Agency - As introduced, allows any operating LEA to convert to a special school district. - Amends TCA Title 49, Chapter 2, Part 5.

*SB 0073 by Sen. Jim Tracy (R-Shelbyville)

Education - As introduced, removes restriction on commercial advertising on school buses that requires such advertising to be composed of black lettering on a white background. - Amends TCA Section 49-6-2109(e).

*SB 0074 by Sen. Jim Tracy (R-Shelbyville)

Students - As introduced, authorizes random drug testing of students who participate in voluntary extracurricular activities. - Amends TCA Section 49-6-4213.

*SB 0075 by Sen. Paul Stanley (R-Memphis)

Education - Enacts the "Parental Choice Scholarship Program Act of 2009." -

Freedom for poor families from the grip of a public school system that will not let them go. Will private school parents (like Governor Phil Bredesen and Superintendent of Schools Nashville Mayor Karl Dean) stand in the school house door and prevent this?

*SB 0077 by Sen. Paul Stanley (R-Memphis)

Eminent Domain - As introduced, enacts the "Property Owners Bill of Rights." - Amends TCA Title 5; Title 6; Title 7; Title 11; Title 12; Title 13; Title 29; Title 43; Title 64; Title 65; Title 68; Title 69 and Title 70.

This should be named the "Joy Ford Memorial Property Rights Bill" or the "Back up MDHA Bill". From the act:

“Blighted property” means a single parcel of land the condition of
which causes the risk of immediate physical harm to people or other property.
For purposes of this subsection, “physical harm” does not include a loss of
property value;

And this one already has them up in arms:

*SB 0078 by Sen. Paul Stanley (R-Memphis)

Adoption - Prohibits any individual who is cohabitating in a sexual relationship outside of a marriage that is valid under the constitution and laws of this state from adopting a minor. - Amends TCA Title 36 and Title 49.

The best place for children is in a stable home which includes a married husband and wife to provide good parenting and gender modeling by a mother and a father. Statistics tell us that abuse is more likely when the man and woman are merely cohabitating. From the act:

"The public policy of this state is to favor marriage, as defined by the constitution and laws of this state, over unmarried sexual cohabitation. It is also the public policy of this state to place children into adoptive families that provide the most stable familial relationships for that child and will foster an appreciation for the policies of this state that favor marriage over unmarried cohabitation. The general assembly specifically finds that it is not in a child’s best interest to be adopted by a person who is cohabitating in a sexual relationship that is not a legally valid and binding marriage under the constitution and laws of this state."

*SB 0079 by Sen. Paul Stanley (R-Memphis)

Taxes, Excise - As introduced, allows credit against excise tax in amount equal to 15 percent of taxpayer's expenditures in state for research and experimental purposes. - Amends TCA Title 67, Chapter 4.

*SB 0080 by Sen. Paul Stanley (R-Memphis)

Wine, Wineries - As introduced, creates wine direct shipper license to be issued through the alcoholic beverage commission that would allow an in-state or out-of-state entity to ship wine directly to consumers age 21 years or older in this state for personal use. - Amends amend TCA.

*SB 0081 by Sen. Paul Stanley (R-Memphis)

School Districts, Special - As introduced, allows any local education agency to convert to a special school district, notwithstanding the prohibition of the creation of new special school districts after April 30, 1982. - Amends TCA Section 49-2-501.

*SB 0082 by Sen. Paul Stanley (R-Memphis)

Taxes, Income - As introduced, increases the Hall income tax exemption for taxpayers 65 years of age or older from $16,200 to $36,000 of income from all sources for single filers and from $27,000 to $60,000 of income from all sources for taxpayers filing jointly. - Amends TCA Title 67, Chapter 2.

Yes, Tennessee does have an income tax...of sorts. This should be raised.

*SB 0083 by Sen. Paul Stanley (R-Memphis)

Employees, Employers - As introduced, prohibits local governments from requiring private employer to pay its employees any wage not required to be paid to such employee under state or federal law. - Amends TCA Title 50, Chapter 2, Part 1.

No 'living wage' requirements popping up across the state if this passes. That's a good thing.

*SB 0084 by Sen. Paul Stanley (R-Memphis)

Firearms and Ammunition - As introduced, authorizes person with a handgun permit who is not consuming alcohol to carry handgun in building where beer or alcoholic beverages are being served subject to posting of property provisions, and adds violation of possessing a firearm where alcohol is served as a reason for revocation of a person's handgun permit. - Amends TCA Title 39, Chapter 17.

*SB 0086 by Sen. Paul Stanley (R-Memphis)

Victims' Rights - As introduced, prohibits a medical facility from holding the victim of domestic abuse responsible for the payment of a forensic medical examination and provides for compensation of such exam by the criminal injuries compensation fund. - Amends TCA Title 29, Chapter 13.

*SB 0088 by Sen. Paul Stanley (R-Memphis)

Tennessee Emergency Management Agency (TEMA) - As introduced, requires TEMA to coordinate with all counties and add a certain number of civil defense sirens for disaster warnings each year until all areas with at least 40 people per square mile are covered by such sirens. - Amends TCA Title 58, Chapter 2, Part 1.

*SB 0091 by Sen. Douglas Henry (D-Nashville)

Medical Occupations - As introduced, changes the minimum meetings of the committee for clinical perfusion from quarterly to annually. - Amends TCA Title 68, Chapter 28, Part 1.

Maybe we don't need it at all.

*SB 0096 by Sen. Andy Berke (D-Chattanooga)

Education - As introduced, requires LEAs to report each fiscal year the percentage of expenditures made on classroom expenditures district-wide and by school; requires classroom expenditures to be at least 70 percent of the total operating expenditures both district-wide and by school by fiscal year 2013-2014 and to reach at least 90 percent by fiscal year 2017-2018. - Amends TCA Title 49.

I like this. There's been a push for a long time to move expenditures out of the central office and into the classroom. This is a tough requirement. I'll be happy if the first step is knowing exactly how much money is going to each school and their classrooms. Nashville's anti-rezoning folks should appreciate this information as they ramp up their lawsuits asserting re-segregation of the schools. This would provide proof that the resources weren't being shared evenly. Of course, evenly isn't necessarily the best thing. But let's know where the money is going first.

*SB 0098 by Sen. Andy Berke (D-Chattanooga)

Consumer Protection - As introduced, creates a rebuttable presumption price-gouging has been committed if there has been an immediate price increase of 25 percent or more for any consumer item; provides that the penalty for price-gouging may include a fine that is three times the amount of gross profits. - Amends TCA Title 47, Chapter 18, Part 51.

*SB 0099 by Sen. Andy Berke (D-Chattanooga)

Education - As introduced, requires department of education to develop "College to Kids" program to raise awareness in public schools about benefits of attending college by having professional adults volunteer to visit schools across state. - Amends TCA Title 49, Chapter 1, Part 2.

Again, we're reinventing the wheel. There are already organizations in schools reminding students of the benefits of staying in school and going on to college. There are posters all over the walls of the schools. Teachers emphasize it. The problem is it's tough to compete against our current passion for rock stars, athletes and the local 'independent distributor' on the corner. And let's not overlook the fact that not every child is suited for college.

2009-01-30 Legislation filed to HB0282

...

*HB 0283 by Rep. Glen Casada (R-Franklin)

Election Laws - As introduced, removes provision requiring mandatory hand count audits of at least 3 percent of the votes cast in an election. - Amends TCA Title 2, Chapter 20, Part 1.

*HB 0284 by Rep. Eric Watson (R-Cleveland)

Methamphetamine - As introduced, provides that possession of more than 20 grams of meth precursor within a 30-day period is prima facie evidence of intent to promote meth manufacture. - Amends TCA Title 39, Chapter 17, Part 4.

*HB 0285 by Rep. Jim Coley (R-Bartlett)

Education - As introduced, requires the commissioner of education to develop curriculum for the instruction of Chinese; encourages LEAs to teach Chinese. - Amends TCA Title 49, Chapter 6.

Because we've got English down cold.

HB 0286 by Rep. Jim Cobb (R-Spring City) ( SB 0090 by Sen. Ken Yager (R-Harriman) )

Rhea County - As introduced, subject to local approval, allows partisan elections for county executive of Rhea County. - Amends Chapter 322 of the Private Acts of 1978.

HB 0288 by Rep. Mike Kelsey (R-Germantown) ( *SB 0085 by Sen. Paul Stanley (R-Memphis) )

Criminal Offenses - As introduced, makes disqualification from office for conviction of bribery in another state or under federal law retroactive. - Amends TCA Section 39-16-103.

Yes, please.

HB 0289 by Rep. Mike Kelsey (R-Germantown) ( *SB 0076 by Sen. Paul Stanley (R-Memphis) )

Tort Liability and Reform - As introduced, replaces the term "medical malpractice" with "health care liability action" and revises provisions concerning damages, attorney fees, and other matters in such actions. - Amends TCA Title 29, Chapter 26, Part 1.

*HB 0276 by Rep. Vince Dean (R-East Ridge)

Fireworks - As introduced, revises the current scheme of regulating the sale, possession, or use of consumer fireworks by local governments. - Amends TCA Title 68, Chapter 104.

*HB 0277 by Rep. Henry Fincher (D-Cookeville)

TennCare - As introduced, subject to restrictions in federal law, authorizes the bureau of TennCare to immediately render an enrollee ineligible to receive TennCare benefits if said enrollee has engaged in any act to defraud the TennCare program. - Amends TCA Title 71.

*HB 0278 by Rep. Henry Fincher (D-Cookeville)

State Symbols - As introduced, designates "agate" as the official state mineral. - Amends TCA Title 4, Chapter 1, Part 3.

*HB 0279 by Rep. Judd Matheny (R-Tullahoma)

Law Enforcement - As introduced, increases the amount that a person serving as private special deputy must provide to prove financial responsibility from no less than $50,000 to no less than $60,000. - Amends TCA Section 38-8-118.

*HB 0280 by Rep. Judd Matheny (R-Tullahoma)

Salaries and Benefits - As introduced, authorizes state employees enrolled in the group insurance plan to transfer to a different authorized state insurance plan once during a non-enrollment period for a medically necessary procedure for the enrollee or a dependent of the enrollee, if the procedure is not covered by the plan that provides coverage to the employee. - Amends TCA Title 8, Chapter 27.

*HB 0281 by Rep. Judd Matheny (R-Tullahoma)

Education - As introduced, defines "proficient" on the TCAP tests as demonstrating knowledge of content area and "advanced" as demonstrating critical thinking and problem solving skills. - Amends TCA Title 49.

*HB 0282 by Rep. Glen Casada (R-Franklin)

Motor Vehicles - As introduced, requires, rather than permits, motor vehicle officer investigating scene of accident to have parties exchange insurance information. - Amends TCA Title 55, Chapter 10, Part 1.

2009-01-30 Legislation filed to HB0275

More bills. Legislative webmaster still hasn't fixed all the legislator links from legislation. For example Sen. Bunch's page is District 9 but it's linked to District 09 which is a dead link.

*HB 0251 by Rep. Glen Casada (R-Franklin)

Motor Vehicles - As introduced, requires, rather than permits, motor vehicle officer investigating scene of accident to have parties exchange insurance information. - Amends TCA Title 55, Chapter 10, Part 1.

*HB 0252 by Rep. Glen Casada (R-Franklin)

Open Meetings - As introduced, specifically includes the general assembly within the provisions of Tennessee's open meetings statute. - Amends TCA Title 3, Chapter 1 and Title 8, Chapter 44.

YES! YES! From the act:

"With respect to meetings conducted by the general assembly, senate, house of representatives or any joint committee, standing committee, statutory committee, special committee, select committee, oversight committee, ad hoc committee, or any other committee or subcommittee thereof (snip)

A general assembly shall not exempt itself from the provisions of this section except by adoption of a rule that specifically permits meetings to be held that are not in compliance with this section."

Let's blow the doors off of that smoke filled back room they built during their office renovations.

*HB 0253 by Rep. Glen Casada (R-Franklin)

Criminal Offenses - As introduced, adds certain violations of rules of road to present violations resulting in accident that are penalized as Class A misdemeanors when involving death or as Class B misdemeanors when involving serious bodily injury. - Amends TCA Title 55, Chapter 8.

*HB 0254 by Rep. Glen Casada (R-Franklin)

Firearms and Ammunition - As introduced, deletes requirement that the purchaser of a firearm give a thumbprint as part of background check process and that the TBI furnish thumbprint cards and pads to firearm dealers. - Amends TCA Title 39, Chapter 17, Part 13.

*HB 0255 by Rep. Glen Casada (R-Franklin)

DUI/DWI Offenses - As introduced, requires judge to order that motor vehicle owned or driven by person convicted of DUI on second or third offense to be equipped with functioning ignition interlock device after period of license suspension; allows judge to order ignition interlock device on first offense DUI. - Amends TCA Title 40, Chapter 33 and Title 55, Chapter 10, Part 4.

*HB 0256 by Rep. Glen Casada (R-Franklin)

Workers Compensation - As introduced, excludes from workers' compensation injuries that occur during recreational activities, are not required by the employer, and do not directly benefit the employer. - Amends TCA Section 50-6-110.

Looks like the softball team is on their own injury-wise.

HB 0257 by Rep. Eric Watson (R-Cleveland) ( *SB 0065 by Sen. Dewayne Bunch (R-Cleveland) )

Taxes, Sales - As introduced, broadens eligibility for Tennessee River resort district status. - Amends TCA Section 57-4-102 and Section 67-6-103.

HB 0258 by Rep. Eric Watson (R-Cleveland) ( *SB 0068 by Sen. Dewayne Bunch (R-Cleveland) )

Juries and Jurors - As introduced, exempts Knox County from jury service reform act that took effect January 1, 2009, and provides that law in effect prior to such date governs juries and jury panels in such county. - Amends TCA Title 22, Chapter 2, Part 1.

HB 0259 by Rep. Eric Watson (R-Cleveland) ( *SB 0069 by Sen. Dewayne Bunch (R-Cleveland) )

Criminal Offenses - As introduced, creates new Class E and D felony offenses for committing or attempting to commit a terroristic threat or act; Class C and B felony offenses for committing or attempting to commit a terroristic threat or act against another in retaliation of that person's participation in certain acts; and a Class A felony offense for committing or attempting to commit a terroristic act that causes serious physical injury to another. - Amends TCA Title 39.

HB 0260 by Rep. Eric Watson (R-Cleveland) ( *SB 0055 by Sen. Dewayne Bunch (R-Cleveland) )

Taxes, Sales - As introduced, broadens eligibility for Tennessee River resort district status. - Amends TCA Title 67, Chapter 6, Part 1.

HB 0261 by Rep. Eric Watson (R-Cleveland) ( *SB 0049 by Sen. Dewayne Bunch (R-Cleveland) )

Registers of Deeds - As introduced, removes requirement that county registers remit to the general fund 52 percent of their commissions for collecting registration taxes. - Amends TCA Title 8, Chapter 13; Title 8, Chapter 21 and Title 67, Chapter 4, Part 4.

HB 0262 by Rep. Eric Watson (R-Cleveland) ( *SB 0063 by Sen. Dewayne Bunch (R-Cleveland) )

Driver Licenses - As introduced, requires that all written examinations for driver license or intermediate driver license be in English. - Amends TCA Title 55, Chapter 50, Part 3.

This is the second bill to require these tests to be in English.

*HB 0263 by Rep. Eric Watson (R-Cleveland)

Law Enforcement - As introduced, requires complaints against certain law enforcement officers to be in writing, signed by the complainant, and a copy given to the affected officer. - Amends TCA Title 38, Chapter 8.

*HB 0264 by Rep. Eric Watson (R-Cleveland)

Criminal Offenses - As introduced, increases penalties for resisting arrest from Class B misdemeanor to Class A misdemeanor and from Class A misdemeanor to Class E felony if a deadly weapon is used in resisting the arrest; requires court to suspend defendant's driver license if motor vehicle is used as deadly weapon. - Amends TCA Section 39-16-602.

*HB 0265 by Rep. Eric Watson (R-Cleveland)

General Assembly - As introduced, requires governor's office or other appropriate state agency to give three business days notice to any member where the awarding of a grant is being announced in the member's district; allows notice to be by electronic mail. - Amends TCA Title 3, Chapter 1 and Title 4.

Because the governor shouldn't be the only taking advantage of the photo op.

*HB 0266 by Rep. Eric Watson (R-Cleveland)

Criminal Procedure - As introduced, adds omitted languge from provision allowing law of self-defense to apply to a person's business as well as the dwelling, residence, and occupied vehicle. - Amends TCA Title 39, Chapter 11, Part 6.

*HB 0267 by Rep. Eric Watson (R-Cleveland)

Election Laws - As introduced, requires a voter to present qualified photographic identification before voting; voters without proper identification shall be allowed to cast provisional ballots. - Amends TCA Title 2, Chapter 7, Part 1.

Common sense.

*HB 0268 by Rep. Eric Watson (R-Cleveland)

Domestic Violence - As introduced, clarifies that victims are not required to pay court costs and attendant fees for ex parte orders of protection. - Amends TCA Title 36, Chapter 3, Part 6.

*HB 0269 by Rep. Eric Watson (R-Cleveland)

Criminal Offenses - As introduced, creates a Class E felony offense for providing a public servant with documentation falsely stating or implying that a person is a legally documented immigrant to the United States for the purpose of obtaining certain public benefits including TennCare or for providing false documents to an employer for the purpose of obtaining employment. - Amends TCA Title 4 and Title 39, Chapter 16, Part 5.

More common sense. And it continues:

*HB 0270 by Rep. Eric Watson (R-Cleveland)

Election Laws - As introduced, requires citizenship status to be proven prior to registration to vote and requires certain procedures to ensure identity and citizenship status prior to voting. - Amends TCA Title 2.

*HB 0271 by Rep. Eric Watson (R-Cleveland)

County Government - As introduced, requires state treasurer to make certified public administrator's educational incentive payments to sheriffs irrespective of other supplements received for in-service training or professional development. - Amends TCA Section 5-1-310.

*HB 0272 by Rep. Vince Dean (R-East Ridge)

Fireworks - As introduced, authorizes City of East Ridge to sell at retail Class C common fireworks; the provisions of title 68, chapter 104, part 1 regulating fireworks apply to such sales. -

*HB 0273 by Rep. Vince Dean (R-East Ridge)

Local Government, General - As introduced, clarifies that any provision of law or charter provision that requires a county or municipality to sell surplus property by public auction, such term includes sale by Internet auction. - Amends TCA Title 5; Title 6 and Title 7.

*HB 0274 by Rep. Vince Dean (R-East Ridge)

Sheriffs - As introduced, revises archaic language prohibiting members of the general assembly from being nominated or commissioned as, or practicing attorneys from serving, as sheriff and instead prohibits a person from engaging in the practice of law or serving as a member of the general assembly while serving as sheriff. - Amends TCA Section 8-8-101.

*HB 0275 by Rep. Vince Dean (R-East Ridge)

Criminal Offenses - As introduced, creates theft offense of making false statement or concealment of material fact for purpose of obtaining accommodation in housing project of a housing authority or paying less rent than required for such dwelling. - Amends TCA Title 39, Chapter 11, Part 1 and Title 39, Chapter 14, Part 1.

...

Blago-Bredesen connection

In closing arguments before being impeached former Illinois Governor Rod Blagoevich throws everything in the mix in a desperate effort to see what might sway his legislature and keep him in office. Gov. Phil Bredesen get's a mention. The context is Blagoevich's effort to find and provide flu vaccines during 2005:

Not only did we successfully get the flu vaccines we sought, but there was a desire and a demand from other states for those flu vaccines. And Governor Bill Richardson from New Mexico called, and we were able to get him some. And my recollection, my recollection is the governor of Tennessee was interested, Governor Bredesen, to see whether or not we could share some of those flu vaccines with him. Via Chicago Sun-Times

2009-01-30 Legislation filed to HB0250

...

*HB 0226 by Rep. Gary Odom (D-Nashville)

Appropriations - As introduced, makes appropriations for the purpose of defraying the expenses of certain legislative enactments passed during the 2009 session of the 106th General Assembly. -

From the Act:

"SECTION 1. From funds available to the department of transportation, a sum sufficient is earmarked for the sole purpose of implementing any bills or resolutions enacted in accordance with the provisions of § 54-1-133 or § 54-5-1003 by the 2009 session of the One Hundred Sixth General Assembly." [The current session--ed]

*HB 0227 by Rep. Gary Odom (D-Nashville)

Lottery, Scholarships and Programs - As introduced, adds University of Tennessee System and Board of Regents as recipients of THEC's annual report on scholarship and grant programs data. - Amends TCA Title 4, Chapter 31; Title 4, Chapter 51; Title 8, Chapter 4; Title 9, Chapter 4 and Title 49.

Why don't we just publish this information and let anyone, including UT Regents, review it?

*HB 0228 by Rep. Gary Odom (D-Nashville)

Taxes, Excise - As introduced, increases franchise and excise tax credit for financial institutions donating to the Tennessee rural development opportunity fund from 10 percent of contribution to 12 percent of contribution. - Amends TCA Title 4; Title 5; Title 6; Title 7; Title 8; Title 9; Title 12; Title 16; Title 30; Title 36; Title 39; Title 40; Title 45; Title 47; Title 48; Title 55; Title 56; Title 57; Title 61; Title 62; Title 63; Title 67; Title 68; Title 69; Title 70 and Title 71.

*HB 0229 by Rep. Gary Odom (D-Nashville)

Bond Issues - As introduced, authorizes issuance of bonds to fund state projects. -

$50 million of debt to fund capital improvements for higher education. No. Tennessee does not need to be encumbered by more debt. No.

*HB 0230 by Rep. Curry Todd (R-Collierville)

Education - As introduced, allows local boards of education to delegate authority regarding assignment of individual students for decision-making on such matters. - Amends TCA Title 49.

Pet peeve of mine is electing BOE members, who get paid, and then delegate the work to others. That way they can't be directly blamed for the decision come election time.

*HB 0231 by Rep. Curry Todd (R-Collierville)

Highway Signs - As introduced, "Jerry Lee Lewis Highway," segment of State Route 176 (Getwell Road) in Shelby County. -

*HB 0232 by Rep. Curry Todd (R-Collierville)

Trademarks and Trade Names - As introduced, adds number of units as basis for grading criminal classification of use of counterfeit mark or logo. - Amends TCA Section 39-14-152.

*HB 0233 by Rep. Curry Todd (R-Collierville)

Handgun Permits - As introduced, allows person who has handgun carry permit and is not consuming alcohol to possess handgun in any restaurant that derives more than 60 percent of its revenue from the sale of food and allows transient or guest to carry in confines of a hotel except in area where alcohol being served - Amends TCA Title 39, Chapter 17, Part 13.

*HB 0234 by Rep. Curry Todd (R-Collierville)

Law Enforcement - As introduced, requires law enforcement agencies to open shooting ranges to retired, full-time, commissioned law enforcement officers when not used by law enforcement personnel, in addition to present, permissible use by general public. - Amends TCA Section 38-8-116.

How about opening up the ranges to citizens also? Additional revenue from usage fees which can help pay for maintenance and upgrade of the ranges with the additonal benefit of encourging safety and accurate marksmanship.

*HB 0235 by

Mortgages - As introduced, requires creditors in certain situations to conduct an in-person meeting with a debtor who is in default to explore options for the debtor to avoid foreclosure. - Amends TCA Title 29; Title 35; Title 45; Title 47 and Title 66.

*HB 0238 by Rep. John DeBerry (D-Memphis)

Criminal Offenses - As introduced, prohibits a person convicted of a felony involving the use or attempted use of force, violence, or a deadly weapon from knowingly possessing a vicious dog. - Amends TCA Title 39, Chapter 17 and Title 44, Chapter 8.

Vicious is defined as:

"(A) Has a propensity to attack, to cause serious bodily injury to or
to otherwise endanger the safety of human beings without provocation; or
(B) Is trained to fight, attack or kill or has been used to fight."

Expect the lovers of breeds with a propensity to attack to fight this.

*HB 0239 by Rep. Jason Mumpower (R-Bristol)

State Government - As introduced, grants state recognition to certain Indian tribes, bands, and groups; provides means for other Indian tribes, bands, and groups to receive state recognition. - Amends TCA Title 4.

From the act:

"The general assembly hereby appoints the Confederation of Tennessee Native Tribes as the entity that shall review and present for recognition any tribes, bands, and groups which seek such recognition."

*HB 0240 by Rep. Barrett Rich (R-Somerville)

Criminal Procedure - As introduced, provides that a defendant who knowingly commits an offense in a county other than the defendant's county of residence is not eligible for probation. - Amends TCA Title 40, Chapter 35, Part 3.

*HB 0241 by Rep. Barrett Rich (R-Somerville)

Sentencing - As introduced, requires person who commits a first or subsequent aggravated robbery by use of a deadly weapon to serve at least 85 percent of the sentence imposed before becoming eligible for release status. - Amends TCA Title 40, Chapter 35, Part 5.

*HB 0243 by Rep. Barrett Rich (R-Somerville)

Public Officials - As introduced, prohibits the naming of public structures after sitting members of the general assembly; grandfathers structures already so named. - Amends TCA Title 3, Chapter 2.

YES!

*HB 0244 by Rep. Barrett Rich (R-Somerville)

Highway Signs - As introduced, "Eddie L. Niles Bridge," U.S. Highway 64 in City of Somerville, Fayette County. -

*HB 0245 by Rep. Barrett Rich (R-Somerville)

Evidence - As introduced, provides that evidence obtained by use of radar device cannot be used in evidence to prove speed of vehicle unless the operator was certified in vehicular velocity estimation by state-approved program. - Amends TCA Title 24, Chapter 7; Title 38, Chapter 8 and Title 55, Chapter 8.

Yes. Reminds me of back when we started tightening up on DUI's and defense lawyers would grill the officer about their knowledge of the breathalyzer and would work to get the case thrown out due to operator error. I'd also like to see some sort of immediate proof handed to the driver at the time he's pulled over because of a radar gun. I'm not implying officers would misrepresent the speed but it would save some whining if they could had the alleged offender an immediate report from the gun for their records. Might include date, time, officer's name, last date the gun was calibrated...

*HB 0246 by Rep. Susan Lynn (R-Mt. Juliet)

Budget Procedures - As introduced, enacts the "Taxpayer Transparency Act"; requires the commissioner of finance and administration to create and maintain a searchable budget database Web site detailing certain state budgetary information. - Amends TCA Title 9, Chapter 4, Part 51.

Yes, yes, yes! Minimum of 10 year archive going forward. From the act:

"The general assembly finds that Tennessee's taxpayers should be able to easily access the details on how state government is spending their tax dollars and what performance results are achieved for those expenditures."

Absolutely. And let's get this enacted for every government entity from the legislature, through cities and boards of education...the entire lot. Open those check registers up for accountability.

*HB 0248 by Rep. Harry Brooks (R-Knoxville)

Education - As introduced, permits class size limits to be exceeded in career and technical classes in which physical safety precautions are not required; provided, that such classes do not impair instruction and do not exceed the limits for academic classes in grades 7-12. - Amends TCA Title 49.

*HB 0249 by Rep. Joe Carr (R-Rutherford County)

Murfreesboro - As introduced, subject to local approval, clarifies certain ambiguities existing within those Murfreesboro city charter provisions that set forth disciplinary policies and procedures for municipal employees. - Amends amend Chapter 429 of the Private Acts of 1931, as amended by Chapter 30 of the Private Acts of 1967, Chapter 104 of the Private Acts of 1993, Chapter 94 of the Private Acts of 1997, and any other acts amendatory thereto.

HB 0250 by Rep. Joe Carr (R-Rutherford County) ( *SB 0038 by Sen. Jim Tracy (R-Shelbyville)

Alcoholic Offenses - As introduced, creates a misdemeanor offense to knowingly allow a minor to drink or possess alcoholic beverages or knowingly fail to stop a minor from drinking or possessing alcoholic beverages while the minor is present on real property owned or otherwise possessed by the offender; establishes certain exceptions. - Amends TCA Title 39, Chapter 15, Part 4 and Title 57.

...

2009-01-30 Legislation filed to HB0225

More legislation filed in the Tennessee House and quick comments from yours truly.

Rep. Jim Coley is the secretary for the House Education Committee and he's been filing education related legislation.

*HB 0206 by Rep. Jim Coley (R-Bartlett)

Appropriations - As introduced, appropriates $300,000 to the Earth Sciences Department at the University of Memphis for the study of ecological tourism. -

Seriously? When the state is currently running a budget deficit? There have got to be a thousand things more important...including letting taxpayers keep their own cash during these tougher times.

*HB 0207 by Rep. Jim Coley (R-Bartlett)

Education - As introduced, specifies that any transcript provided a public high school must contain courses taken and grades received, attendance, standardized test scores, discipline incidents, and weighted grade point average. - Amends TCA Title 49, Chapter 6, Part 4.

This summary is a bit unclear. The act actually says 'any transcript provided BY a public high school'.

*HB 0208 by Rep. Jim Coley (R-Bartlett)

Education - As introduced, requires department of education to establish, administer, and monitor a grant for eligible non-profit organizations providing civic education programs. - Amends TCA Title 49, Chapter 6.

$95,000 and the fight will be over whose version of 'civic education' will win this grant. Another no.

*HB 0209 by Rep. Jim Coley (R-Bartlett)

Education - As introduced, requires graduating high school students to take a foreign language proficiency test that will provide diagnostic information to educators. - Amends TCA Title 49, Chapter 6, Part 60.

No. The DOE is charged with creating yet another test that won't mean anything outside of Tennessee. From the act:

All tests developed or used to implement this section, all banks of questions, all field testing documents used as background for the development of the tests, and all answers shall be kept confidential when and for so long as is necessary to protect the integrity of the tests, and accordingly, are exempt from the requirements of § 10-7-503.

10-7-503 is the open records law. Personal information for the test takers, yes. All else, no.

*HB 0210 by Rep. Jim Coley (R-Bartlett)

Budget Procedures - As introduced, requires K-12 education and higher education funding to be passed by the house of representatives and the senate prior to consideration of general appropriations bill for funding remainder of state government. - Amends TCA Title 9.

The Republicans promised they'd make education funding job #1 this session. Looks like their serious about that. This version includes higher education. HB212 (below) excludes higher education. I prefer HB212 below. I don't think state government should be funding higher education. It certainly shouldn't have priority over safety, health and debt issues.

*HB 0211 by Rep. Jim Coley (R-Bartlett)

Education - As introduced, requires written disciplinary referrals to be signed by the student's parent or guardian and returned to the school faculty or staff member who issued it. - Amends TCA Title 49, Chapter 6.

Of course.

*HB 0212 by Rep. Jim Coley (R-Bartlett)

Budget Procedures - As introduced, requires K-12 education funding to be passed by the house of representatives and the senate prior to consideration of general appropriations bill for funding the remainder of state government. - Amends TCA Title 9.

As noted above this version excludes higher education in that Republican promise to fund education first. I prefer this bill for the reasons above at HB 210.

*HB 0213 by Rep. Bill Harmon (D-Dunlap) ( SB 0100 by Sen. Andy Berke (D-Chattanooga) )

Highway Signs - As introduced, "Sheriff Ernest Haskew Memorial Highway," segment of S.R. 2 in Marion County. -

*HB 0214 by Rep. Bill Harmon (D-Dunlap)

Beer - As introduced, corrects definitional cross-reference for "beer wholesalers" under beer distribution licensing law. - Amends TCA Title 57, Chapter 5, Part 1.

*HB 0215 by Rep. Bill Harmon (D-Dunlap)

Criminal Procedure - As introduced, grants trial judge the option to resentence a defendant whose probation has been revoked to a sentence of community correction as well as ordering the original sentence reinstated and the incarceration of the defendant. - Amends TCA Title 40, Chapter 35.

*HB 0216 by Rep. Bill Harmon (D-Dunlap)

Highway Signs - As introduced, "Deputy Anthony Shane Tate Memorial Highway," segment of State Route 56 in Grundy County. -

*HB 0217 by Rep. George Fraley (D-Winchester)

Education - As introduced, requires each LEA to provide transitional kindergarten program for children admitted to kindergarten who are developmentally delayed, as determined by the LEA, as prerequisite to attending kindergarten. - Amends TCA Title 49, Chapter 6.

So what's Pre-K for then if not as stated in the act "an approved transitional kindergarten program before attending kindergarten."? Another big NO here.

*HB 0218 by Rep. Henry Fincher (D-Cookeville)

Criminal Offenses - As introduced, requires certain actions by buyers and dealers of scrap jewelry and metal and makes a violation of such requirements a Class A misdemeanor. - Amends TCA Title 38, Chapter 1, Part 2.

A sign of the times, I suppose.

*HB 0219 by Rep. Henry Fincher (D-Cookeville)

TennCare - As introduced, requires the department of health to notify each member of the general assembly of any proposed TennCare program changes that will affect services currently provided to TennCare enrollees. - Amends TCA Title 3 and Title 71.

Might be nice if they just went ahead and tell everyone what the changes will be and how that will impact enrollees and taxpayers.

*HB 0220 by Rep. Henry Fincher (D-Cookeville)

TennCare - As introduced, subject to restrictions in federal law, prohibits the bureau of TennCare from disenrolling persons for fiscal or other reasons until the bureau has verified the social security numbers of all enrollees and purged all persons ineligible due to issues of fraud or lack of lawful US residence. - Amends TCA Title 71.

*HB 0221 by Rep. Eddie Bass (D-Prospect)

Handgun Permits - As introduced, makes information contained in handgun carry permit applications and renewals, information provided to agencies to investigate applicant, and records maintained relative to the permit application confidential and creates Class A fine only misdemeanor of unauthorized publication of permit information or records. - Amends TCA Title 39, Chapter 17, Part 13.

*HB 0222 by Rep. G. A. Hardaway (D-Memphis)

Welfare - As introduced, requires the commissioner of human services to report by February 1 of each year to the senate general welfare committee and the house health and human resources committee concerning the amount of sales tax paid by persons using electronic benefit transfer cards. - Amends TCA Title 67 and Title 71.

*HB 0223 by Rep. G. A. Hardaway (D-Memphis)

Taxes, Privilege - As introduced, requires the commissioner of revenue (in consultation with TACIR) to report to the house and senate standing finance committees by February 1, 2010, and every five years thereafter concerning the impact of privilege taxes that only the state can levy on local governments. - Amends TCA Title 67.

*HB 0224 by Rep. G. A. Hardaway (D-Memphis)

Correctional Programs - As introduced, establishes pilot halfway house program to be administered by department of correction. - Amends TCA Title 4, Chapter 3, Part 10; Title 40 and Title 41.

Looks like we're paying for the reinvention of the wheel.

*HB 0225 by Rep. Glen Casada (R-Franklin)

Planning, Public - As introduced, modifies certain public notice requirements pertaining to regional planning and municipal planning. - Amends TCA Section 13-3-303; Section 13-3-304 and Section 13-4-202.

From 30 days notice to just 15.

Life stimulates the economy

Perhaps it was because his head was still filled with the adulation of his ascension to the presidency that he thought his first acts as president would be accepted by this nation without question. In reality, where some of us still live, they could not have been more polarizing. Ostensibly, he made these decisions in order to improve our relations with the world. In fact they will not. He will have proven that we are a weak nation and that we do not value the lives of the innocent.

He decided that enemy combatants at Gitmo were being treated inhumanly. He made it clear that the lives of these adult men caught up in a messy war had so much value that he would make one of his first acts as president their protection. Remember, these are not US citizens, voters, taxpayers or even supporters of our way of life--quite the opposite. However, he has extended the hand of mercy to them and I am convinced they will be back to bite it.

Next up he decided that unborn children in other countries had no value and our tax dollars should go to pay for their murder. Does he seriously think that they will thank us for providing the funds to kill their next generation? The left excoriated President Bush for daring to stick the US nose into the business of Iraq and remove a mass murder. How can the US be honored as a nation when we become a party to mass murder?

Next up his compatriot running the US House, the mother of 5, Nancy Pelosi has decided that she'd like even more of our finite income to further enlarge the 'stimulus' package to include birth control because fewer children mean fewer government dependents. I cannot even imagine how she thinks that killing children is good economic sense...let alone good morality.

Fewer children means fewer hospital and pediatric visits. It means fewer clothes and good for those children and fewer baby showers. It means fewer new homes and fewer home additions and remodels. It means fewer birthday parties and children's parks. It means fewer library programs, circus and Disneyland tickets. It means fewer day care centers and babysitters. It means fewer teachers and fewer school buildings. We won't need so many car seats and mini-vans. We won't need as many textbooks, paper and pencils and fewer computers. Fewer Happy Meals, less toilet paper and fewer plumbers. We won't need as many entertainment venues, mp3's and rock concert tickets, Gap and Old Navy stores for those non-existent teens. Won't need as many used cars or insurance agents. We won't need as many colleges and technical schools. We won't need as many wedding planners and honeymoon vacation destinations. That's a LOT of jobs, goods and services that won't be needed.

Additionally, we won't have enough people caring for the elderly or paying into the Ponzi scheme called Social Security. For the sake of her own children, Peolsi should consider that.

I am astonished at their short-sightedness. To value the lives of men caught up in war over the lives of completely innocent children is beyond the pale. It defies understanding. It's painful to contemplate it is so ugly. I hope that the few real conservatives in the US Congress will do all they can to block these very foolish efforts. I hope America will wake up quickly and take back their government and their lives.

Mr. Obama needs to understand this: there are more reasons than he can count on why we are encouraged by Scripture to choose life. My Catholic brothers and sisters (and supposedly Pelosi's) make one of those points very clear:

From 2 to 4 and from 4 to 6

And just as we leave our workplaces for the weekend we get this little gem. Let's amend the Tennessee Constitution and let them keep their jobs even longer between accountability sessions.

*HJR 0017 by Rep. Gary Moore (D-Joelton)

Constitutional Amendments - As introduced, extends terms of members of the house of representatives from two to four years and terms of members of the senate from four to six years. -

"...that in the November 2016 general election, Representatives elected in districts designated by even numbers shall be elected for four years and those Representatives elected in districts designated by odd numbers shall be elected for two years."

No. No. No.

2009-01-23 Legislation filed through HB 0205

...

*HB 0189 by Rep. Glen Casada (R-Franklin)

Parks, Natural Areas Preservation - As introduced, increases from two to three years time after designation into the system that the commissioner of environment and conservation have completed a comprehensive plan of development and protection and begun the process of acquisition. - Amends TCA Title 11.

*HB 0190 by Rep. Glen Casada (R-Franklin)

Public Records - As introduced, requires the chief administrative officer of each entity subject to public records to inform employees and appointees about the requirements of state law concerning public records and the entities' policies for administering public records statutes. - Amends TCA Title 10.

Yes, please.

*HB 0191 by Rep. Glen Casada (R-Franklin)

Comptroller, State - As introduced, requires department of audit to maintain liaison with each entity subject to audit for information and advice as to audit requirements and standards. - Amends TCA Title 9.

*HB 0192 by Rep. Glen Casada (R-Franklin)

State Employees - As introduced, requires development and periodical offering of seminars to state employees on financial planning and utilization of state benefits as part of such financial plan. - Amends TCA Title 8.

"The commissioner of human services and the state treasurer, with the assistance of the commissioner of financial institutions and the commissioner of commerce and insurance, shall develop and periodically offer seminars to state employees on financial planning and utilizing state benefits as part of such financial plan."

Is this something taxpayers should really be paying for? Will this be 'on the clock'? And do we really need to reinvent the wheel and develop what Tennessean Dave Ramsey is preaching every afternoon for free? I'll go for it if they actually utilize the envelope system on the state budget.

*HB 0193 by Rep. Glen Casada (R-Franklin)

Railroads - As introduced, requires every railroad operating trains within the state to notify the commissioner of transportation of the name, address, and telephone number of its registered agent for service of process. - Amends TCA Title 7.

*HB 0194 by Rep. Glen Casada (R-Franklin)

Annexation - As introduced, increases from 30 days to 40 days time period prior to effectiveness of a municipal annexation ordinance. - Amends TCA Title 6.

*HB 0195 by Rep. Glen Casada (R-Franklin)

County Officers - As introduced, requires county attorneys to consult and advise county officials and employees as to their respective duties under federal and state law. - Amends TCA Title 5.

Again, we have to legislate employee training?

*HB 0196 by Rep. Glen Casada (R-Franklin)

Administrative Procedure (UAPA) - As introduced, increases the number of interested persons necessary to petition an agency requesting the adoption, amendment, or repeal of a rule from five or more to 10 or more. - Amends TCA Title 4.

*HB 0197 by Rep. Glen Casada (R-Franklin)

Lottery, Charitable - As introduced, requires annual event tickets to include either the mailing address or telephone number of the 501(c)(3) organization in addition to the name of the 501(c)(3) organization. - Amends TCA Title 3.

Why not both the mailing address and the phone number along with the full legal name of the organization?

*HB 0198 by Rep. Glen Casada (R-Franklin)

Election Laws - As introduced, requires election officials to inspect filings for sufficiency and timeliness; establishes conclusive presumption that accepted filings are sufficient and timely filed. - Amends TCA Title 2.

*HB 0199 by Rep. Glen Casada (R-Franklin)

Statutes and Codification - As introduced, establishes procedure to declare position of incapacitated member of code commission vacant. - Amends TCA Title 1.

*HB 0200 by Rep. Glen Casada (R-Franklin)

Appropriations - Makes appropriations to defray the costs of certain enactments of the 2009 annual session of the 106th General Assembly.

HB 0201 by Rep. Charles Curtiss (D-Sparta) ( *SB 0031 by Sen. Douglas Henry (D-Nashville) )

General Assembly, Studies - As introduced, extends the reporting date from February 1, 2009, to February 1, 2010, for the committee to study the effects of litigation on the nursing home industry. - Amends 2008 Public Chapter 1138.

The legislature doesn't even go back into session until after the original deadline. Good planning folks.

*HB 0202 by Rep. Bill Dunn (R-Knoxville)

Education - As introduced, expands the requirement that parents or the department of children's services notify schools to include when a student is adjudicated delinquent for an offense involving the use or attempted use of force, violence, or a deadly weapon. - Amends TCA Title 37, Chapter 1 and Title 49, Chapter 6.

*HB 0203 by Rep. Gary Moore (D-Joelton)

Public Records - As introduced, authorizes the county clerk of Davidson County to issue certified copies of birth certificates and death certificates. - Amends TCA Section 68-3-206.

"The local health departments and county clerks in those counties are designated as branch offices of the central office of vital records for the purpose of issuance of copies of birth certificates only, but not for the purpose of alteration of birth certificates;

(8) Local health departments and county clerks may issue copies of death certificates, which copies have the force and effect of certified copies issued by the office of vital records;"

John Arriola doesn't have enough to do?

*HB 0204 by Rep. Judd Matheny (R-Tullahoma)

Emergency Communications Districts - As introduced, enacts the Public Safety and Emergency Communications Act; revises funding to provide additional share to 50 lowest population districts. - Amends TCA Title 7, Chapter 86.

*HB 0205 by Rep. Eric Swafford (R-Pikeville)

Motor Vehicles, Titling and Registration - As introduced, authorizes additional type of license plate for motor vehicle registration that includes language "In God We Trust" for same fee as regular registration fee. - Amends TCA Title 55, Chapter 4, Part 1.

The license plate issue is baaaack.

Well, that's it for the House which usually drives the legislative train. I'll move on to the resolutions and Senate bills.

2009-01-23 Legislation filed through HB188

...

*HB 0176 by Rep. Glen Casada (R-Franklin)

Judgments - As introduced, increases from 30 days to 45 days after the date a summons has been served upon the judgment debtor prior to execution or other process for enforcement of a foreign judgment. - Amends TCA Title 26.

*HB 0177 by Rep. Glen Casada (R-Franklin)

Judgments - As introduced, requires a final judgment to include the full name of each person against whom a judgment is rendered, if known to the prevailing party. - Amends TCA Title 25.

"...if known".

*HB 0178 by Rep. Glen Casada (R-Franklin)

Evidence - As introduced, adds optometrists to deponents exempt from subpoena to trial but subject to subpoena to a deposition. - Amends TCA Title 24.

Because you never know when 12 Angry Men might need to hear that she couldn't have seen him through the windows of the passing elevated train without her glasses.

*HB 0179 by Rep. Glen Casada (R-Franklin)

Attorneys at Law - As introduced, increases from two years to five years time period in which the supreme court may revoke a license procured by fraud. - Amends TCA Title 23.

Fine with me. Never works too.

*HB 0180 by Rep. Glen Casada (R-Franklin)

Juries and Jurors - As introduced, increases from $30.00 to $35.00 per day compensation for a sequestered juror. - Amends TCA Title 22.

Not exactly a liveable wage. No wonder those 12 men were angry.

*HB 0181 by Rep. Glen Casada (R-Franklin)

Process, Service of - As introduced, decreases from three years to two years time period in which a decree against a defendant without personal service of process and who does not appear to defend becomes absolute. - Amends TCA Title 21.

*HB 0182 by Rep. Glen Casada (R-Franklin)

Civil Procedure - As introduced, increases penalty for failure to note date of process from $125 to $150. - Amends TCA Title 20.

*HB 0183 by Rep. Glen Casada (R-Franklin)

Clerks, Court - As introduced, decreases from 90 days to 60 days notice required by court clerk to state librarian and archivist prior to destruction of records. - Amends TCA Title 18.

*HB 0184 by Rep. Glen Casada (R-Franklin)

Judges and Chancellors - As introduced, clarifies that the joint legislative committee appointed to review a recommendation to remove a judge shall file its report within 10 business days of the date of the hearing. - Amends TCA Title 17.

*HB 0185 by Rep. Glen Casada (R-Franklin)

Courts - As introduced, requires municipality to reimburse county for appointment of general sessions judge to serve as a municipal or city judge. - Amends TCA Title 16.

*HB 0186 by Rep. Glen Casada (R-Franklin)

Holidays and Days of Special Observance - As introduced, redesignates the second Monday in September each year as American Indian Day instead of the fourth Monday in September each year. - Amends TCA Title 15.

Well, we're moving their graves for Super Wal-Marts---might as well feel free to move their holiday too. Wonder why it needs to be moved and/or why it's in September--whatever Monday. Obviously, we haven't been celebrating this one.

*HB 0187 by Rep. Glen Casada (R-Franklin)

Workers Compensation - As introduced, increases from 10 to 15 days the period of time after expiration of a building permit that the county building commission has to return a certificate of insurance or a workers' compensation policy to the person who obtained the permit. - Amends TCA Title 13.

*HB 0188 by Rep. Glen Casada (R-Franklin)

State Government - As introduced, requires that electronic copies of the state owned property inventory be provided to designated officials as well as paper copies. - Amends TCA Title 12.

Another no brainer bit of clerical clean up.

...

2009-01-23 Legislaton filed through HB175

....

*HB 0163 by Rep. Glen Casada (R-Franklin)

Tobacco, Tobacco Products - As introduced, clarifies that age-restricted venue exception to no smoking law applies only to persons entering such facilities other than employees. - Amends TCA Title 39.

*HB 0164 by Rep. Glen Casada (R-Franklin)

Coroners - As introduced, increases fee for surgeon or physician summoned as a coroner's witness from an amount not to exceed $25.00 to an amount not to exceed $30.00. - Amends TCA Title 38.

Glad the state is paying bargain basement prices for something.

*HB 0165 by Rep. Glen Casada (R-Franklin)

Juveniles - As introduced, clarifies that court order for youth service officer, probation officer, or the state agency to notify the school principal in writing of the nature of the offense and probation requirements, if any, related to school attendance for juvenile in state custody occurs as soon as possible before the child resumes or begins school attendance, whichever occurs first. - Amends TCA Title 37.

Yes, and can we assume that the principal will pass that info on to the teachers of the student? And at what point does this student's right to privacy end in order to protect potential victims? I'm not suggesting a scarlet letter but we've got bullies and probies in our schools and children and their parents completely unaware that they should keep a closer watch.

*HB 0166 by Rep. Glen Casada (R-Franklin)

Child Custody and Support - As introduced, decreases period of time in which hearings in all child support cases that are not being enforced pursuant to the provisions of Title IV-D of the Social Security Act shall be heard from 45 days to 35 days of the service of process. - Amends TCA Title 36.

*HB 0167 by Rep. Glen Casada (R-Franklin)

Attorney General and Reporter - As introduced, removes authority of attorney general to designate a district attorney general to prosecute or defend any court action concerning the amount, administration, or disposition of a charitable gift or a discretionary charitable gift. - Amends TCA Title 35.

*HB 0168 by Rep. Glen Casada (R-Franklin)

Guardianship - As introduced, decreases compensation payable to guardians from not more than 7 percent to not more than 5 percent of the amount of moneys received during the period covered by the account. - Amends TCA Title 34.

*HB 0169 by Rep. Glen Casada (R-Franklin)

Mental Health and Developmental Disabilities, Dept. of - As introduced, requires department to report to general assembly following each meeting on transportation service for persons with developmental disabilities, mental illness, and serious emotional disturbance. - Amends TCA Title 33.

*HB 0170 by Rep. Glen Casada (R-Franklin)

Wills - As introduced, increases amount of personal property that can be distributed by means of a nuncupative will from $1,000 to $10,000 and from $10,000 to $50,000 for persons in military service during time of war. - Amends TCA Title 32.

*HB 0171 by Rep. Glen Casada (R-Franklin)

Escheat - As introduced, clarifies that reports concerning property that may be subject to escheat must be filed with the treasurer within 60 days of obtaining knowledge that property may be subject to escheat. - Amends TCA Title 31.

*HB 0172 by Rep. Glen Casada (R-Franklin)

Estates - As introduced, increases from five days to 10 days period in which the clerk shall mail copies of exceptions to the clerk's decision to the personal representative and the personal representative's attorney of record. - Amends TCA Title 30.

*HB 0175 by Rep. Glen Casada (R-Franklin)

Appeal and Review - As introduced, clarifies that appeal from judgment of a municipal recorder or officer in a civil action may be made within 10 business days, rather than 10 days excluding Sundays, to the next term of the circuit court. - Amends TCA Title 27.

...

2009-01-23 Legislaton filed through HB162

Why bother? Well, I've got to go through them anyway...I might as well give you a taste of all the important issues your representatives are working on in your behalf.

*HB 0151 by Rep. Glen Casada (R-Franklin)

Food and Food Products - As introduced, requires both hot and cold water in sinks provided for food service employees. - Amends TCA Title 53.

"Lavatories and wash rooms shall be adjacent to toilet rooms, and shall be supplied with soap, hot and cold running water and towels, and shall be maintained in a sanitary condition."

Can someone tell me which health department doesn't require this so I can be sure to avoid those kitchens? That town.

*HB 0152 by Rep. Glen Casada (R-Franklin)

Employees, Employers - As introduced, requires employers receiving a Tennessee job skills grant filing a final report with the department of economic and community development to report the outcome measurements for the project and the actual cost per person enrolled, trained, hired, and retained in employment in addition to other presently required information. - Amends TCA Title 50.

"But, but...we thought it was free money. You want us to be accountable for how it was spent?"

*HB 0153 by Rep. Glen Casada (R-Franklin)

Lottery, Scholarships and Programs - As introduced, adds University of Tennessee System and Board of Regents as recipients of THEC's annual report on scholarship and grant programs data. - Amends TCA Title 49.

*HB 0154 by Rep. Glen Casada (R-Franklin)

Corporations, For Profit - As introduced, increases length of validity for proxy appointment for corporate shareholder voting purposes from 11 months to one year. - Amends TCA Title 48.

*HB 0155 by Rep. Glen Casada (R-Franklin)

Uniform Commercial Code - As introduced, increases from 30 to 45 days time period after notice in which warehouseman may remove stored goods. - Amends TCA Title 47.

This has got to be the 5th or 6th bills Casada has filled to increase a deadline. That seems curious to me. We're living in a time when communication at the speed of light is normal and we need more time?

*HB 0156 by Rep. Joe Carr (R-Rutherford County)

Cemeteries - As introduced, permits commissioner of commerce and insurance to terminate temporary permit for operating cemetery by giving written notice of at least 20 days, instead of 10 days, before effective date of termination. - Amends TCA Title 46.

*HB 0158 by Rep. Glen Casada (R-Franklin)

Livestock - As introduced, redefines dairy farm to include all milk-producing animals instead of limiting it to cows. - Amends TCA Title 44.

*HB 0159 by Rep. Glen Casada (R-Franklin)

Agriculture, Dept. of - As introduced, deletes requirement that department prepare annual report concerning activities of the Tennessee agricultural museum board for approval by the governor. - Amends TCA Title 43.

*HB 0160 by Rep. Glen Casada (R-Franklin)

Aircraft and Airports - As introduced, decreases from three to two the number of members necessary to constitute a quorum of the state aeronautics commission. - Amends TCA Title 42.

But they still need a majority to act. there are 5 on the board according to this web page.

*HB 0161 by Rep. Glen Casada (R-Franklin)

Prisoners and Inmates - As introduced, clarifies that inmates and their baggage are to be searched for all contraband not just instruments of escape. - Amends TCA Title 41.

DUH!

*HB 0162 by Rep. Glen Casada (R-Franklin)

Criminal Procedure - As introduced, decreases from 15 days to 10 days time period after receiving district attorney's letter for alleged violator to pay a bad check prior to possible commencement of criminal action. - Amends TCA Title 40.

To be continued....

2009-01-23 legislation filed through HB150

Over 200 House Bills filed so far.

*HB 0131 by Rep. G. A. Hardaway (D-Memphis)

Revenue, Dept. of - As introduced, requires the commissioner to study the feasibility of sunseting sales tax exemptions on a staggered schedule to be followed by their reauthorization every 10 years. - Amends TCA Title 67.

*HB 0132 by Rep. G. A. Hardaway (D-Memphis)

Taxes, Sales - As introduced, deletes current law requirement that the governor approve expenses of the department of revenue in administering the sales and use tax statute. - Amends TCA Title 67, Chapter 6.

*HB 0133 by Rep. Glen Casada (R-Franklin)

Children - As introduced, limits number of children that may be accepted at a drop-in center on a snow day to 100. - Amends TCA Title 71.

*HB 0134 by Rep. Glen Casada (R-Franklin)

Wildlife Resources Commission - As introduced, requires funds deposited into the wildlife resources fund from the sale of new specialty earmarked license plates to be used in accordance with the provisions authorizing issuance of such plates. - Amends TCA Title 70.

*HB 0135 by Rep. Glen Casada (R-Franklin)

Boats, Boating - As introduced, increases from 30 to 45 days period of time in which person cited for not wearing flotation device must provide proof of legal age; extends from 30 to 45 days time for proving age may be extended at discretion of officer. - Amends TCA Title 69.

*HB 0136 by Rep. Glen Casada (R-Franklin)

Solid Waste Disposal - As introduced, increases from 30 to 45 days time for filing appeal from final action of solid waste authority. - Amends TCA Title 68.

*HB 0137 by Rep. Glen Casada (R-Franklin)

Taxes, Franchise - As introduced, increases franchise and excise tax credit for financial institutions donating to the Tennessee rural development opportunity fund from 10 percent of contribution to 12 percent of contribution. - Amends TCA Title 67.

*HB 0138 by Rep. Glen Casada (R-Franklin)

Laundries and Dry Cleaners - As introduced, increases from 180 to 200 days minimum time required before dry cleaner or launderer may dispose of unclaimed garments. - Amends TCA Title 66.

Seven months?I don't think so. If you've got so many clothes or your life is so busy that you can't come back after 30 days...the dry cleaner shouldn't have to suffer the expense of storing your stuff.

*HB 0139 by Rep. Glen Casada (R-Franklin)

Railroads - As introduced, authorizes conductor to put off non-paying passenger at any regular station. - Amends TCA Title 65.

*HB 0140 by Rep. Glen Casada (R-Franklin)

Regional Authorities and Special Districts - As introduced, requires advisory committee, if appointed, to East Tennessee Regional Agribusiness Marketing Authority to consult with and advise the board on at least a bi-annual basis. - Amends TCA Title 64.

*HB 0141 by Rep. Glen Casada (R-Franklin)

Health, Dept. of - As introduced, authorizes commissioner to appoint advisory consumer board to review complaints related to operations of health-related boards; membership and terms defined; expenses reimbursed. - Amends TCA Title 63.

A board to watchdog the boards. 5 folks (only one can be a licensed professional) and no compensation except expenses.

*HB 0142 by Rep. Glen Casada (R-Franklin)

Private Protective Services - As introduced, assigns personal, civil, and criminal liability to private security guard using unauthorized deadly force. - Amends TCA Title 62.

*HB 0143 by Rep. Glen Casada (R-Franklin)

Business Organizations - As introduced, increases time from three to four months for claimant to file claim against dissolved limited partnership. - Amends TCA Title 61.

*HB 0144 by Rep. Glen Casada (R-Franklin)

Gas, Petroleum Products, Volatile Oils - As introduced, increases from 10 to 20 days time period in which supervisor may grant or deny mineral test hole permit. - Amends TCA Title 60.

*HB 0145 by Rep. Glen Casada (R-Franklin)

Mining and Quarrying - As introduced, increases from 90 to 100 days time period in which backfilling, grading, top soiling, and planting of cover crops required. - Amends TCA Title 59.

*HB 0146 by Rep. Glen Casada (R-Franklin)

Natural Disaster - As introduced, redefines "natural emergency" to specifically include forest fires, hurricanes, and tornados. - Amends TCA Title 58.

"Natural emergency" means any emergency caused by a natural event, including, but not limited to, a drought, an earthquake, a flood, a forest fire, a hurricane, a storm or a tornado;"

*HB 0147 by Rep. Glen Casada (R-Franklin)

Alcoholic Beverages - As introduced, increases from 20 to 25 days time period in which manufacturers and wholesale distributors of beer must register with commissioner. - Amends TCA Title 57.

*HB 0148 by Rep. Glen Casada (R-Franklin)

Commerce and Insurance, Dept. of - As introduced, creates advisory board to commissioner and governor to review complaints against regulatory boards administered by department. - Amends TCA Title 56.

*HB 0149 by Rep. Glen Casada (R-Franklin)

Safety, Dept. of - As introduced, increases from 10 days to 15 days time in which department must notify licensing state and commercial driver license information system that commercial driver has violated traffic law; increases from 10 days to 15 days time in which clerk must notify department of conviction of commercial driver violating traffic law. - Amends TCA Title 55.

*HB 0150 by Rep. Glen Casada (R-Franklin)

Highways, Roads and Bridges - As introduced, eliminates duplicate funding provision concerning memorial highways for state law enforcement officers. - Amends TCA Title 54.

Hidden comments

I was visiting Speaker of the House Rep. Kent Williams' (R for now -Elizabethton) web page and noticed Rep. Jimmy Naifeh's (D-Covington) name flashed by for a moment. I couldn't replicate it without clearing my cache so I viewed the html source and see that the webmasters have kept Naifeh's biographic information on the page but hidden from view.

For those unfamiliar with html it's the instructions your web browser reads so you can see the page as the coder intended. Hidden comments begin with a < followed by an exclamation point. Webmasters use this to insert information they don't want your browser to read but they do want to keep handy. Often it'll be a credit for a snippet of code they're using or some sort of reminder for whomever may need to edit the page in the future. This time though it's keeping former Speaker Naifeh's bio information handy.

Try it yourself. Go to Speaker Williams' page. Right click your mouse. From the window that pops up pick "View Page Source" and scroll down the window that comes up and you'll see it yourself. Maybe they overlooked this in the rush to update the page, but then why put it comment brackets and not just remove it/move it? And then I keep looking at this rediscovered Williams harassment issue and wonder--who really gains if Williams (R) is run out of town on a rail.

UPDATE Friday 12:30 p.m.: The comment code with Naifeh's bio has been removed.

For x 4 x 2 = 8 votes

We're back from voting. I hate waiting until actual voting day but the Election Commission made it very inconvenient by breaking precedent and only holding early voting at their location downtown. That and the expected wait in line kept us home until today. Thankfully, it didn't snow today, it wasn't too cold, the car worked and no one was sick.

I've pointed out in several posts why I voted FOR English as our government's official language and following the "English as Official Language" link below will call them up for your review. I am concerned about the unintended consequences of bad translations. I am concerned about the division accommodating various languages will create in what has been our 'melting pot' society.

Regarding Amendment #2 I also voted for it because it will create clarity in the process and bring stability to the number of names needed on a petition to change the charter. As it stands now the number varies widely as it is determined by the number of people who voted in the last election. Timing a petition just right could mean the difference between 2,500 signatures and 25,000. Seems to me that higher and more consistent bar based on registered voters is wiser.

Interesting side note...our electricity went out while I was writing this post. Reporting it to NES meant I had to "Press 1 for English". So that's twice today I've pressed a button FOR English.

2009-01-21 Legislation through HB0126

And the bills keep on a coming. Hope those clerks enjoyed their long weekend.

*HB 0111 by Rep. Mike Bell (R-Riceville)

Emergency Communications Districts - As introduced, prohibits the transfer of interest derived from the 911 emergency communications fund to the general fund. - Amends TCA Section 4-3-1016 and Title 7, Chapter 86, Part 3.

I like this. We've had too much diversion of (road) funds in Tennessee. 911 communication doesn't need to suffer the same fate which may end up endangering the lives of citizens.

*HB 0112 by Rep. Mike Bell (R-Riceville)

Firearms and Ammunition - As introduced, authorizes the carrying of handguns by persons with a handgun carry permit on public hunting areas and wildlife management areas; subjects such persons to all wildlife laws, rules, and regulations. - Amends TCA Title 70, Chapter 4 and Title 70, Chapter 5.

*HB 0113 by Rep. Mike Bell (R-Riceville)

Animals and Animal Cruelty - As introduced, deletes provisions relative to state licensing of dog and cat dealers. - Amends TCA Title 44, Chapter 17.

*HB 0114 by Rep. Mike Bell (R-Riceville)

Education - As introduced, exempts from the requirements of the School Support Organization Financial Accountability Act school support organizations intending to raise or anticipating raising $30,000 or less during a school year. - Amends TCA Title 49, Chapter 2, Part 6.

This should be welcomed by lots of small parent groups across the state. There have been a few that were not careful about keeping their treasurers accountable and so we got this financial accountability law. An unintended consequence has been that the efforts of honest well-meaning parents have been hampered by not having the resources to comply. They means they have to rely on larger organizations for expertise and that usually means a loss of freedom for the group. If all you really wanted to do was raise money for field day T-shirts it suddenly became too much trouble. $30,000 seems an unattainable amount for most small parent groups across the state. That should be plenty of room (maybe too much).

*HB 0115 by Rep. Mike Bell (R-Riceville)

Administrative Procedure (UAPA) - As introduced, permits a de novo review of all administrative contested case hearings, if requested. - Amends TCA Title 4, Chapter 5.

*HB 0116 by Rep. Mike Bell (R-Riceville)

Administrative Procedure (UAPA) - As introduced, authorizes appeals from administrative decisions to be made directly to chancery court; specifies such appeals shall be heard de novo. - Amends TCA Title 4, Chapter 5.

*HB 0117 by Rep. Mike Bell (R-Riceville)

Administrative Procedure (UAPA) - As introduced, authorizes appeals from contested case hearings in any county in which the attorney general has an office; specifies such appeals shall be de novo. - Amends TCA Title 4, Chapter 5.

*HB 0118 by Rep. Mike Bell (R-Riceville)

DUI/DWI Offenses - As introduced, raises from Class E to Class D felony punishment for sixth or subsequent conviction for DUI with minimum mandatory punishment of 220 days in jail, $5,000 fine, and 10-year license suspension. - Amends TCA Title 55, Chapter 10, Part 4.

Seems more than reasonable to me that after your SIXTH conviction for DUI you wait 10 years before being granted the privilege to drive again. Last week, for the first time ever, I saw a man using a breathalyzer to start his car. Our cars were facing each other in the parking lot and I looked away to give him some privacy. I was very thankful someone had required this device.

*HB 0119 by Rep. Mike Bell (R-Riceville)

Criminal Offenses - As introduced, creates Class C felony of aggravated vehicular assault, which involves committing vehicular assault and having certain alcohol-related prior convictions. - Amends TCA Title 39, Chapter 13, Part 1.

*HB 0120 by Rep. Mike Bell (R-Riceville)

Medical Occupations - As introduced, exempts county medical examiners licensed on or before July 1, 2008, from continuing education requirements. - Amends TCA Title 38, Chapter 7, Part 1

*HB 0121 by Rep. Mike Bell (R-Riceville)

Alcoholic Offenses - As introduced, requires law enforcement officer to conduct test to determine blood alcohol of driver involved in accident resulting in injury or death if officer has probable cause to believe driver committed DUI, vehicular assault, vehicular homicide, or aggravated vehicular homicide. - Amends TCA Title 55, Chapter 10, Part 4.

*HB 0122 by Rep. G. A. Hardaway (D-Memphis)

Education - As introduced, directs LEAs to make reasonable efforts to determine if students have health care insurance and to report findings to commissioner of education. - Amends TCA Title 49, Chapter 2.

So if Hardaway's other legislation, requring health insurance, fails his backup is a nosey school system reporting to big brother? Surely this would be a HIPPA violation. (If you're counting Hardaway is up to 49 bills filed as of this evening.)

*HB 0123 by Rep. G. A. Hardaway (D-Memphis)

Probation and Parole - As introduced, requires continuous satellite-based monitoring of parolees and probationers. - Amends TCA Title 40.

I'm betting the fiscal note on this one kills it.

*HB 0124 by Rep. G. A. Hardaway (D-Memphis)

Registers of Deeds - As introduced, requires an assignment of a deed of trust to be properly recorded with the register of deeds within 10 days of the date of assignment. - Amends TCA Title 8, Chapter 21, Part 10; Title 10, Chapter 7, Part 1 and Title 66, Chapter 24, Part 1.

*HB 0125 by Rep. G. A. Hardaway (D-Memphis)

Criminal Offenses - As introduced, increases sentence for criminal offense of vandalism when committed against a house of worship. - Amends TCA Title 39, Chapter 14 and Title 40.

Maybe this will work in Tennessee but I'm wondering if your average criminal, who is hearing over and over again that there is no God (or he is God himself), won't do a double take upon sentencing. If their is no God...why is the punishment more?

*HB 0126 by Rep. G. A. Hardaway (D-Memphis)

Landlord and Tenant - As introduced, requires rental agreement under Uniform Residential Landlord and Tenant Act to include, as an addendum, energy audit of estimated energy usage at dwelling unit. - Amends TCA Title 66, Chapter 28.

Well, as the TCPR so famously pointed out, in Nashville all a person has to do is call NES and they can discover what the actual bills have been before deciding whether they want to take on that responsibility. Is that not the case across the state? Who is going to do these audits? Who is going to pay for them? Maybe all that's needed is some renter education instead.

*HB 0127 by Rep. G. A. Hardaway (D-Memphis)

Criminal Offenses - As introduced, increases fine for criminal offense of vandalism when committed against a house of worship. - Amends TCA Title 39, Chapter 14.

Plan B for Hardaway's HB0125 above.

*HB 0128 by Rep. G. A. Hardaway (D-Memphis)

Real Property - As introduced, requires a seller of real property to provide an energy audit of the property to potential buyers prior to the sale and include such audit in the deed of conveyance. - Amends TCA Title 66, Chapter 5.

Why should renters get all the breaks? See Hardaway's HB0126 (above).

*HB 0129 by Rep. G. A. Hardaway (D-Memphis)

Human Rights Commission - As introduced, directs human rights commission to develop a Title VI compliance plan applicable to certain state governmental entities; sets out duties of human rights commission in regards to Title VI provisions. - Amends TCA Title 4, Chapter 3.

*HB 0130 by Rep. G. A. Hardaway (D-Memphis)

Landlord and Tenant - As introduced, requires landlords of residential property to furnish an energy audit on any premises for rent before entering into a lease on such premises. - Amends TCA Title 66, Chapter 28, Part 3.

Well at least this version has a bit more explanation:

Such energy audit shall be from a utility or from any person approved to perform professional energy audits by the energy efficient schools council created by § 9-17-103. The failure of a landlord to provide an energy audit pursuant to this section shall bind the parties to a month to month tenancy.

See Hardaway's HB0126 (above) and HB0128 (above).

Moving on

Yesterday seemed like a day to rival Palm Sunday itself as Obama supporters filled Washington DC to welcome him to power. Instead of palm branches people carried American flags emblazoned (illegally) with Obama's face. Network television and radio was wall to wall Obama and it was very hard to avoid the coverage of his every move. I don't intend to pop anyone's euphoric balloon but let's remember that the Jews were quickly disappointed when Jesus wasn't the political figure they expected to throw off the Roman oppressors. It took less than a week for the tables to turn.

My prayer yesterday was that the man wouldn't be the victim of a nut job with a gun or worse...a rocket launched into the crowd. I'm thankful he survived the day. I would be foolish not to continue to pray for his ability to listen to and follow wise council as he leads our nation. He's got the job now...time to put the pedal to the metal, as they say.

Now that we've celebrated Obama's skin color...do we now have permission to move on to examining the content of his character, his cabinet, his policies?


Photo Credit: AP via Yahoo

Is that a gavel or a scepter?

They can't even wait for a sham vote on HR0001 to anoint him as Speaker Emeritus? This House Resolution hasn't been voted on let alone passed. Has some eager to please web master done this on their own or did they get specific orders to elevate Rep. Naifeh to this new designation?

See: By Hook or By Crook
Hat tip: AC Kleinheider

2009-01-16 legislation filed

It's Friday afternoon of the first week of the 106th Tennessee General Assembly. Already 110 bills have been filed in the House--35 of them by Rep. G. A. Hardaway (D-Memphis) alone. He's also sponsored 3 House resolutions.

And another error for the legislative webmaster--the member links from the single digit districts end in, for example, 01.html from their legislation (which 404's) while the member list has 1.html (which does work).

Constituents should really like the ability to check on all the bills their legislator is sponsoring via that hyperlink on their legislator's page. They may say they're supporting and doing one thing back home but the proof is in the sponsoring.

There's a three week break before any legislation can start moving forward.

Lt. Gov. Ramsay announced his committee assignments yesterday. I'm happy to see Sen. Delores Gresham (R-Somerville) as head of the Senate Education Committee.

We're still waiting to hear from Speaker of the House Rep. Kent Williams (R, for now -Elizabethton) who he's appointed to the various committees. As soon as he announces those we'll know even better what is word his worth, what his idea of a bi-partisan House actually is and whether he's going to allow a Republican majority to mean anything.

*HB 0084 by Rep. Joe Pitts (D-Clarksville)

Highway Signs - As introduced, "Charles 'Chuck' Duncheskie Memorial Parkway," Dover Crossing in City of Clarksville, Montgomery County. -

*HB 0085 by Rep. George Fraley (D-Winchester)

Budget Procedures - As introduced, removes authority to transfer emergency communications funds to close fiscal year ending June 30, 2009. - Amends TCA Section 4-3-1016(d) and Chapter 1203 of the Public Acts of 2008.

*HB 0086 by Rep. John Litz (D-Morristown)

Lottery, Scholarships and Programs - As introduced, broadens eligibility for the HOPE scholarship by removing the requirement that a military parent's home of record or residence is Tennessee if a student qualifies to be classified as an in-state student and meets other specified requirements. - Amends TCA Title 49, Chapter 4, Part 9.

Yes. And we might want to expand that to include missionaries and others who are temporarily living in other nations but maintain Tennessee as their home of record.

*HB 0087 by Rep. John Litz (D-Morristown)

Jails, Local Lock-ups - As introduced, requires that applicants for the position of superintendent of a regional jail authority must submit to same criminal background check conducted in same manner as required for applicants for teacher positions. - Amends TCA Title 8, Chapter 35 and Title 41.

Not sure why the same background check as teachers...but a background check seems reasonable.

*HB 0088 by Rep. John Litz (D-Morristown)

Jails, Local Lock-ups - As introduced, decreases the amount of clear floor space required in adult local detention facilities for both new and existing facilities and for single-occupancy and multiple-occupancy cells. - Amends TCA Title 41, Chapter 4.

*HB 0089 by Rep. David Shephard (D-Dickson)

Highway Signs - As introduced, "William Fiser Memorial Bridge," Big Barton's Creek on State Route 48 in Dickson County. -

*HB 0090 by Rep. Ryan Haynes (R-Knoxville)

Private Investigators - As introduced, revises experience requirements for a private investigations company license. - Amends TCA Section 62-26-206.

HB 0091 by Rep. Jim Cobb (R-Spring City) ( SB 0024 by Sen. Ken Yager (R-Harriman) )

Rhea County - As introduced, subject to local approval, repeals the ban on partisan elections for county executive and county legislative body of Rhea County. - Amends Chapter 322 of the Private Acts of 1978.

*HB 0092 by Rep. Jim Cobb (R-Spring City) ( SB 0023 by Sen. Ken Yager (R-Harriman)

School Transportation - As introduced, allows school buses to be used up to 20 years of service, subject to annual safety inspections, by extending permissible, yearly waiver limit for their service life after initial 12 years of service from current three years to eight years. - Amends TCA Section 49-6-2109.

*HB 0093 by Rep. Gary Moore (D-Joelton)

Hospitals and Health Care Facilities - As introduced, requires criminal background checks to be conducted for direct care employees prior to employment. - Amends TCA Section 68-11-256.

*HB 0094 by Rep. Gary Moore (D-Joelton)

Firefighters - As introduced, requires compensation paid to firefighters due to injury or death in the line of duty or course of employment be administered by the commission on firefighting personnel standards and education. - Amends TCA Title 4, Chapter 24 and Title 7, Chapter 51.

It's not unusual for legislators to carry bills for their profession. This bill's sponsor Rep. Moore is a firefighter. Actually his bio lists:

• First Vice President Nashville Fire Fighters Union IAFF Local 140,
• Past President of the Tennessee Professional Fire Fighters Association
• Past President of the Southern Federation of Professional Fire Fighters

*HB 0095 by Rep. Gary Moore (D-Joelton)

Motor Vehicles - As introduced, prohibits operation of bicycles on River Road in Davidson County between U.S. Highway 70 / S.R. 24 and the Cheatham County line. - Amends TCA Title 55, Chapter 8.

*HB 0096 by Rep. Gary Moore (D-Joelton)

Taxes, Agricultural and Open Spaces - As introduced, permits an individual's property that does not meet the minimum size requirements for greenbelt classification to be aggregated with contiguous property owned by others who are related to the individual by blood, marriage, or adoption for the purpose of meeting the minimum size requirements. - Amends TCA Title 67, Chapter 5, Part 10.

*HB 0097 by Rep. Gary Moore (D-Joelton)

Health Care - As introduced, requires that newborns be tested for hyperbilirubinemia in addition to other metabolic/genetic defects. - Amends TCA Title 68, Chapter 5, Part 4.

So those newborn tests would include: phenylketonuria, hypothyroidism, galactosemia, and if this bill passes, hyperbilirubinemia.

*HB 0098 by Rep. Gary Moore (D-Joelton)

Drugs - As introduced, requires pharmacies to treat any over-the-counter medication containing chlorpheniramine (also known as chlorphenamine maleate) as an immediate methamphetamine precursor. - Amends TCA Title 39, Chapter 17.

*HB 0099 by Rep. Gary Moore (D-Joelton)

Mortgages - As introduced, delays the sale of land to foreclose a loan, mortgage, or deed of trust for a period of time; requires first publication of notice be at least 90 days prior to sale instead of at least 20 days prior to sale. - Amends TCA Section 35-5-101.

*HB 0100 by Rep. Gary Moore (D-Joelton)

Highway Signs - As introduced, "Corporal Jessie William Gammons Memorial Bridge," State Highway 100 in Metropolitan Nashville and Davidson County. -

*HB 0101 by Rep. Gerald McCormick (R-Chattanooga)

Teachers, Principals and School Personnel - As introduced, allows children, up to age 24, of retired teachers to receive a 25 percent discount at any state-supported institution of higher learning. - Amends TCA Title 49, Chapter 7.

Little perks like this for teachers are sprinkled throughout the law and more of them regularly appear in new legislation. The next time you're told how underpaid teachers are...keep in mind that not every benefit appears on their paycheck stub. That's not to say they don't earn the extra benefit. I'm just saying they exist.

*HB 0102 by Rep. Gerald McCormick (R-Chattanooga)

Education - As introduced, deletes requirement that extension of contract of director of schools be the first item on the agenda for the meeting at which action on the contract is to be taken. - Amends TCA Section 49-2-203.

*HB 0103 by Rep. Gerald McCormick (R-Chattanooga)

Schools, Private and Charter - As introduced, opens enrollment in charter schools, after enrollment priorities are met, to all students and removes caps on the number of charter schools that may be formed. - Amends TCA Title 49.

Right off the bat a key change here is the difference between the current law:

The prospective student population shall be:

and this bill's proposed wording:

Priority in the prospective student population shall be given to, but
the prospective student population need not be limited to:

A very good start. We need more charter schools. We need to allow more students access to those schools. Unfortunately, still a prohibition against cyber charter schools. That's a pity as they serve a legitimate need for many families. They are also less expensive since brick and mortar facilities aren't required.

*HB 0104 by Rep. Gerald McCormick (R-Chattanooga)

Sewage - As introduced, requires an entity that owns a sanitary sewer to maintain the sanitary sewer and building service and any portion of any lateral or connection located beyond the property line of a customer. - Amends TCA Title 5, Chapter 16; Title 6; Title 7, Chapter 34; Title 7, Chapter 35; Title 9, Chapter 21 and Title 68, Chapter 221.

*HB 0105 by Rep. Gerald McCormick (R-Chattanooga)

Campaigns and Campaign Finance - As introduced, allows corporations to make campaign contributions up to the same limits as individuals, LLCs, or partnerships can contribute. - Amends TCA Title 2, Chapter 10 and Title 2, Chapter 19, Part 1.

*HB 0106 by Rep. Judd Metheny (R-Tullahoma

Safety - As introduced, requires the emergency medical services board to develop standards for the operation and maintenance of emergency vehicles that impose certain mileage restrictions. - Amends TCA Title 68.

*HB 0107 by Rep. Jon Lundberg (R-Bristol)

Motor Vehicles - As introduced, prohibits sending or reading text messages while operating a motor vehicle. - Amends TCA Title 55.

Can we not just incorporate all these other activities under driving while distracted? Or are we going to always have to be one step behind and amend the code AFTER we figure out what took the driver's attention away from the more important task of navigating their one ton (or more) vehicle safely through the state?

*HB 0108 by Rep. Jon Lundberg (R-Bristol)

Alcoholic Beverages - As introduced, permits a wholesale license to be granted in a municipality that has approved the sale of alcoholic beverages instead of being limited to a municipality having a population of more than 100,000. - Amends TCA Section 57-3-203.

*HB 0109 by Rep. Jon Lundberg (R-Bristol)

Criminal Procedure - As introduced, clarifies that a person alleged to have violated a condition of probation can be issued a summons to appear in court on the violation as well as arrested. - Amends TCA Title 40, Chapter 35, Part 3.

*HB 0110 by Rep. Glen Casada (R-Franklin)

Notary Public - As introduced, requires continuing education and exams for notaries; requires notaries to maintain journal enteries; authorizes notaries to perform electronic notarizations. - Amends TCA Title 8, Chapter 16.

From the Senate:

*SB 0020 by Lt. Gov. Ron Ramsay (R-Blountville)

Highway Signs - As introduced, "SP4 Arthur Wayne Glover Memorial Bridge," S.R. 44 in Sullivan County. -

*SB 0022 by Sen. Rusty Crowe (R-Johnson City)

Motor Vehicles - As introduced, extends application deadline for Appalachian Trail new specialty license plate until June 30, 2010. - Amends TCA Title 55, Chapter 4, Part 2.

*SB 0026 by Sen. Eric Stewart (D-Belvidere)

Highway Signs - As introduced, "Jerry Cooper Highway," new four-lane segment of U.S. Highway 70S in Warren County. -

RESOLUTIONS:

HJR 0011 by Rep. Jason Mumpower (R-Bristol)

General Assembly, Joint Conventions - Calls joint convention for Monday, February 9, 2009, for purpose of hearing budget address and transmittal of the budget. -

HJR 0014 by Rep. Gerald McCormick (R-Chattanooga)

Memorials, Sports - Ooltewah Lady Owls -

HJR 0015 by Rep. Jimmy Eldridge (R-Jackson)

Memorials, Professional Achievement - Ron Campbell -

HR 0004 by Rep. Gerald McCormick (R-Chattanooga)

Memorials, Death - Ralph Mohney, Sr. -

SJR 0016 by Sen. Mark Norris (R-Collierville)

General Assembly, Recess & Reconvene - Adjourns 106th general assembly organizational session at close of business in both houses on January 15, 2009, and convenes regular session immediately thereafter; recesses 106th general assembly regular session until February 9, 2009. -

SJR 0017 by Sen. Douglas Henry (D-Nashville)

Memorials, Recognition - Centennial Park, National and Tennessee Registers of Historic Places -

SJR 0018 by Sen. Douglas Henry (D-Nashville)

Memorials, Death - Wallace Rasmussen -

Breathing now

I'm breathing a bit easier now that the Tennessee legislature swept the vote for constitutional officers. Though I will grant that I am disappointed by the previous conduct of our new comptroller. I'm trusting that Tre Harget will not allow the sort of Election Commission nonsense that resulted in the special election in Nashville for English as the city's official language. That democrat controlled body dug its heels in and has done all it can to keep the people from voting. Plenty of house cleaning to be done in that portion of the job to be sure.

I was happy to see Rep. Jason Mumpower (R-Bristol) actually acting as majority leader instead of Rep. Gary Odom (D-Nashville) as was the case on Tuesday.

However, I'm still very suspicious of what's going to go one during this recess. I'm conflicted about tossing the traitor overboard in swift retribution and waiting to see if the fellow can redeem himself by placing Republicans in charge of the important committees at least in line with their majority numbers. This would include Calendar and Rules where so much good legislation that did manage to get through the partisan system went to die. I'm wondering about Rep. Les Winningham's (D-Huntsville) excused absence from voting, presumably to tend to his gravely ill wife. Will he return as Education Committee Chair?

And you've just gotta wonder what's up with HR 0001. Blue Collar Muse has a very ghoulish take on that this morning:

Given the extreme detail with which the rest of the document [creating a Speaker Emertus position for Naifeh] details the qualifications for Speaker Emeritus, the lack of detail concerning the office's powers, functions and duties is startling. Would Naifeh refuse to perform any function or duty assigned to him by the Speaker unless he gets to be Speaker Emeritus? Is it customary for the Speaker to specifically assign functions and duties to a particular member? Given that Kent Williams chose, as his first official act as Speaker of the House, to turn the Speaker's gavel back over to Naifeh is it possible Williams could simply step down as Speaker for an unspecified time and appoint Naifeh as Speaker in his stead?

It's one thing to honor the man for his service (and as I write that I remember that income tax fight) but it's another to make accommodation for handing power back to him. Let's hope the Republicans can hold the line as well as they did today and vote no on HR0001. No offense, sir.

Putty in Naifeh's hands

The story is national now and Red State is encouraging folks to send Speaker of the House Rep. Kent Williams (R -Elizabethton) silly putty.

It’s clear he’s a weak mind and will be putty in the hands of the Democrats.

Here’s the assignment:

Kent Williams address is 126 S. Main Street, Elizabethton, TN 37643.

Go here and send Kent Williams some silly putty.* Let’s put in his hands a pretty accurate representation of what he is.

*For shipping purposes at Amazon, use your phone number. And send along a note so he knows it came from a RedState Activist.

(Hat Tip: Michelle Malkin)

2009-01-14 More legislation

While we've been busy watching the shenanigans going on in the Tennessee House legislators are busy filing bills.

Another note to the legislative web master--it'd be handy if the legislative bill index would show visited hyperlinks in another color as is usual for web pages. Thanks.

*HB 0057 by Rep. G. A. Hardaway (D-Memphis)

Energy - As introduced, requires each owner of a commercial building to have for that building a comprehensive energy audit conducted; notice of the results of such audit shall be displayed to all tenants and potential tenants of the building. - Amends TCA Title 13.

*HB 0058 by Rep. G. A. Hardaway (D-Memphis)

Lottery, Scholarships and Programs - As introduced, permits Tennessee HOPE scholarship recipient to maintain academic eligibility by maintaining good standing at the eligible postsecondary institution in which the student is enrolled; changes initial eligibility requirements for certain students to conform to the change in the continuing eligibility requirement. - Amends TCA Title 49, Chapter 4, Part 9.

*HB 0059 by Rep. G. A. Hardaway (D-Memphis)

Insurance, Health, Accident - As introduced, requires departments of education and health to establish minimum guidelines for health insurance coverage required for attendance in K-12 schools; and requires children's proof of health insurance prior to school admittance yearly. - Amends TCA Title 49; Title 56 and Title 67.

Beginning with school year 2010-2011 not only will we have compulsory attendance and mandatory vaccinations we'll have compulsory insurance also? The legislation makes no distinction between private or public education---

"The department of education, in consultation with the department of health, shall establish minimum guidelines for heath insurance coverage necessary for attendance in schools for grades kindergarten through twelve (K-12)."

*HB 0060 by Rep. G. A. Hardaway (D-Memphis)

Education - As introduced, requires parent or guardian to notify LEA about whether or not student has health insurance coverage at time of student's admission to LEA. - Amends TCA Title 49, Chapter 6.

I guess this is compulsory insurance lite.

"At the time of admission of a student into an LEA, the student's parent or guardian shall provide written notification of such student's health insurance coverage or lack thereof to the LEA."

*HB 0061 by Rep. Henry Fincher (D-Cookeville)

Mental Health and Developmental Disabilities, Dept. of - As introduced, allows disclosure of mental health records to a law enforcement agency conducting a law enforcement investigation or criminal background check. - Amends TCA Title 33, Chapter 3, Part 1.

*HB 0062 by Rep. Henry Fincher (D-Cookeville)

Immigrants - As introduced, enacts the "Tennessee Immigration Compliance Act." - Amends TCA Title 4; Title 12; Title 38; Title 39; Title 40; Title 67 and Title 71.

Seven pages of permission to check on the citizenship status of jail inmates.

*HB 0063 by Rep. Henry Fincher (D-Cookeville)

Immigrants - As introduced, enacts the "Tennessee Taxpayer and Citizen Protection Act." -

Who can create identification cards, possess the equipment to do so and that only legal citizens can obtain such ID's. Thrown in for extra measure....anyone not lawfully present in the country isn't eligible for post secondary educational benefits, scholarships, financial aid or resident tuition. Well, if you thought English as Nashville's official language was unfriendly and anti-business---what will the progressives think of this Democrat's proposal?

*HB 0064 by Rep. Henry Fincher (D-Cookeville)

Salaries and Benefits - As introduced, requires employers to pay tipped employees wages at a rate of at least $3.28 per hour, which is one half of the federal minimum wage. - Amends TCA Title 50, Chapter 2.

*HB 0064 by Rep. Henry Fincher (D-Cookeville)

Salaries and Benefits - As introduced, requires employers to pay tipped employees wages at a rate of at least $3.28 per hour, which is one half of the federal minimum wage. - Amends TCA Title 50, Chapter 2.

*HB 0066 by Rep. Henry Fincher (D-Cookeville)

Divorce, Annulment and Alimony - As introduced, removes a provision that allows a court to dismiss a divorce or legal separation complaint because the complaint lacks required information. - Amends TCA Title 36, Chapter 4, Part

*HB 0067 by Rep. Henry Fincher (D-Cookeville)

Depositions - As introduced, allows court to award attorney fees and expenses if motion to quash subpoena is granted when deponent is exempt from subpoena. - Amends TCA Section 24-9-101.

*HB 0068 by Rep. Henry Fincher (D-Cookeville)

Motor Vehicles, Titling and Registration - As introduced, directs commissioner of revenue to establish system of registration for certain owners of four or more commercial vehicles to allow annual registration for all such vehicles to expire on February 28 each year instead of alternate, interval renewal for each vehicle. - Amends TCA Title 55, Chapter 4.

*HB 0069 by Rep. Henry Fincher (D-Cookeville)

Witnesses - As introduced, prohibits a party in a divorce proceeding from testifying against the party's incapacitated or mentally incompetent spouse. - Amends TCA Title 24, Chapter 1.

*HB 0070 by Rep. Henry Fincher (D-Cookeville)

Criminal Procedure - As introduced, deletes subsection in self-defense law providing that a person not justified in use of deadly force to prevent or terminate trespass on real property or unlawful interference with personal property. - Amends TCA Title 39, Chapter 11, Part 6.

This is a perfect example of why we need a better way to indicate changes in the code. Which is easier this:

Tennessee Code Annotated, Section 39-11-611, is amended by deleting from subsection (d)(1) the language “is not prohibited from entering the dwelling, residence, or occupied vehicle” and substituting instead the language “is not prohibited from entering the dwelling, business, residence, or occupied vehicle”.

or the following knowing that changes are indicated with Added Deleted and then reading the legislation written like this:

Tennessee Code Annotated, Section 39-11-611, is amended as follows: “is not prohibited from entering the dwelling, business, residence, or occupied vehicle”.

*HB 0071 by Rep. Joe McCord (R-Maryville)

Fair Trade Laws - As introduced, broadens the scope of the definition of "all-terrain vehicle" for purposes of the Motorcycle and Off-Road Vehicle Dealer Fairness Act. - Amends TCA Title 47, Chapter 25, Part 19.

*HB 0072 by Rep. Terri Lynn Weaver (R-Lancaster)

Schools, Home - As introduced, authorizes home-schooled students to participate in athletics in public schools if they comply with certain conditions. - Amends TCA Title 49, Chapter 6.

BCS National Championship Florida Gator Quarterback Tim Tebow has been publicly thankful that Florida has a law similar to this legislation on the books since 1996. Without it his parents could not have homeschooled him and seen him rise to his Heisman Trophy and recent national championship success.

*HB 0073 by Rep. George Fraley (D-Winchester

Taxes, Real Property - As introduced, eliminates state's 52 percent portion of County Registers of Deeds' 5 percent commission retained for collecting recordation tax. - Amends TCA Section 67-4-409.

*HB 0074 by Rep. Jimmy Matlock (R-Lenoir City) ( SB 0017 by Sen. Paul Stanley (R-Memphis) )

Public Funds and Financing - As introduced, revises qualifications of issuer of surety bonds used as collateral by state depositories to secure certain state funds. - Amends TCA Title 9, Chapter 4.

*HB 0075 by Rep. David Shephard (D-Dickson)

Highway Signs - As introduced, "Lance Corporal Jeffrey Adam Bishop Memorial Highway, segment of U.S. 70 in Dickson County." -

*HB 0076 by Rep. Brenda Gilmore D- Nashville

Consumer Protection - As introduced, prohibits the imposition of a late fee for cable or video service until at least 30 days after the service to which the late fee applies has been received and requires notice when a late fee is to be imposed. - Amends TCA Title 7, Chapter 52; Title 7, Chapter 59; Title 47, Chapter 18 and Title 65, Chapter 25.

*HB 0077 by Rep. Brenda Gilmore D- Nashville

Consumer Protection - As introduced, establishes requirements and restrictions for alarm systems agreements. - Amends TCA Title 47, Chapter 18, Part 1 and Title 62, Chapter 32, Part 3.

*HB 0078 by Rep. Brenda Gilmore D- Nashville

Environment and Conservation, Department of - As introduced, revises membership of the solid waste disposal control board, the water quality control board, and the air pollution control board. - Amends TCA Title 68 and Title 6

15 pages of revision, btw.

*HB 0079 by Rep. Brenda Gilmore D- Nashville

Highway Signs - As introduced, "Dr. Martin Luther King, Jr. Boulevard," segment of Clarksville Pike (U.S. Highway 41A / State Route 112) in Metropolitan Nashville and Davidson County. -

Nashville is still getting used to the Rosa L. Parks Boulevard (8th Ave. downtown).

'Notwithstanding any other provision of law to the contrary, the segment of Clarksville Pike (U.S. Highway 41-A / State Route 112) in Metropolitan Nashville and Davidson County from its intersection with Dr. D.B. Todd, Jr. Boulevard and 18th Avenue North northwestward to the Briley Parkway (State Route 155) Overpass is hereby designated as " Dr. Martin Luther King, Jr. Boulevard..."'

*HB 0080 by Rep. David Hawk (R-Greeneville)

Jails, Local Lock-ups - As introduced, provides that Tennessee Corrections Insititute cannot decertify an existing local jail facility solely because the square footage of the cells is too small if such square footage meets the requirements of the American Correctional Association's Manual of Correctional Standards. - Amends TCA Title 41.

HB 0081 by Rep. Lois DeBerry (D-Memphis) *SB 0021 by Sen. Beverly Marrero (D-Memphis)

Elderly Persons - As introduced, establishes a program for senior alert system in Tennessee within the department of safety in cooperation with local law enforcement agencies for assistance in locating certain disabled persons who are missing. - Amends TCA Title 38.

HB 0082 by Rep. Johnny Shaw (D-Bolivar) ( *SB 0019 by Sen. Delores Gresham (R-Somerville)

Firearms and Ammunition - As introduced, authorizes current and retired judges who possess a handgun carry permit to carry a firearm under same circumstances and conditions as law enforcement officers and correctional officers. - Amends TCA Title 39, Chapter 17, Part 13.

HB 0083 by Rep. Johnny Shaw (D-Bolivar) ( *SB 0018 by Sen. Delores Gresham (R-Somerville)

Judges and Chancellors - As introduced, adds retired general sessions judges to present officials, including general sessions judges and retired judges and chancellors of courts of record, who may administer oaths of office to elected or appointed public official. - Amends TCA Title 8, Chapter 18, Part 1.

*SB 0014 by Sen. Ken Yager (R-Harriman)

Tort Liability and Reform - As introduced, adds community action agencies to definition of governmental entity for purposes of governmental tort liability. - Amends TCA Title 29, Chapter 20, Part 1.

*SB 0015 by Sen. Diane Black (R-Gallatin)

Elderly Persons - As introduced, establishes a missing senior alert program in Tennessee. - Amends TCA Title 38.

*SB 0016 by Sen. Paul Stanley (R-Memphis)

Victims' Rights - As introduced, prohibits a medical facility from holding the victim of domestic abuse responsible for the payment of a forensic medical examination and provides for compensation of such exam by the criminal injuries compensation fund. - Amends TCA Title 29, Chapter 13

HOUSE JOINT RESOLUTIONS:

HJR 0008 by Rep. JoAnne Favors (D-Chattanooga)

Memorials, Personal Occasion - Mrs. Etta Ruth Berry, 100th birthday -

HJR 0009 by Rep. Lois DeBerry (D-Memphis)

Memorials, Death - Erma Lee Davis Foster -

SENATE JOINT RESOLUTIONS:

SJR 0004 by Sen. Douglas Henry (D-Nashville)

Memorials, Death - Robert C.H. "Bob" Mathews, Jr. -

SJR 0005 by Sen. Jim Tracy (R-Shelbyville)

Memorials, Academic Achievement - 2009 Phi Theta Kappa All-Tennessee Academic Team -

SJR 0006 by Sen. Douglas Henry (D-Nashville)

Memorials, Public Service - Victor Ashe, United States Ambassador to Poland and former Mayor of Knoxville -

SJR 0007 by Sen. Douglas Henry (D-Nashville)

Memorials, Recognition - Sylvan Park Paideia Design Center, 100th anniversary -

and I'm putting this one in out of order---

SJR 0015 by Sen. Douglas Henry (D-Nashville)

Memorials, Recognition - Sylvan Park Paideia Design Center, 102nd anniversary -

So is the school 100 or 102 years old?

SJR 0008 by Sen. Douglas Henry (D-Nashville)

Memorials, Death - Raymond L. Danner, Sr. -

SJR 0009 by Sen. Douglas Henry (D-Nashville)

Memorials, Death - Judson Collins -

SJR 0010 by Sen. Mark Norris (R-Collierville)

General Assembly, Joint Conventions - Calls joint convention to elect secretary of state, comptroller of treasury, and state treasurer on January 14, 2009, at 10:30 a.m. -

Well, Speaker of the House Rep. Kent Williams (R -Elizabethton) missed that deadline. The Tennessee GOP issued a press release this afternoon and called him "Dithering Williams". The press release says further:

"At a time when Tennessee needs competent leadership from its legislature, Williams is instead playing politics with these important jobs in order to please his new political benefactors on the Democratic side of the aisle.”

*SJR 0011 by Sen. James Kyle, Jr. (D-Memphis)

Memorials, Congress - Urges Congress to enact the federal stimulus package proposed by the President-elect. -

SJR 0012 by Sen. Bo Watson (R-Hixson)

Memorials, Sports - Soddy-Daisy High School cheerleaders, NCA national champions -

SJR 0013 by Sen. Bo Watson (R-Hixson)

Memorials, Death - Dr. Ralph Mohney, Sr. -

SJR 0014 by Lt. Gov. Ron Ramsay (R-Blountville)

Naming and Designating - "Thomas Paine Day," January 29, 2009 -

SENATE RESOLUTIONS:

SR 0001 by Sen. Joe Haynes (D-Nashville)

Memorials, Recognition - Melinda Sanders -

SR 0002 by Sen. Paul Stanley (R-Memphis)

Memorials, Public Service - Ron Roberson, Jo Reed Award -

That's it for tonight. Tomorrow is another day...

By hook or by crook

It's only just begun. The money paragraph is the second from last in this legislation. I've made it large, bold and in red. It's time for voters to make their voices heard and tell their Democrat representatives how they feel about what's going on in the Tennessee legislature. You can find your legislator at this link.

HR 0001 by Rep. Craig Fitzhugh (D-Ripley)

General Assembly - Creates the position of "Speaker Emeritus of the House of Representatives" and selects Jimmy Naifeh for the position. -

HOUSE RESOLUTION 1
By Fitzhugh

A RESOLUTION to appoint James O. "Jimmy" Naifeh to be Speaker Emeritus of the House of Representatives of the 106th General Assembly.

Whereas, the Tennessee House of Representatives should recognize those members
who have served with great distinction and who have held numerous House offices and positions for extensive durations of time; and

Whereas, it is appropriate for the Tennessee House of Representatives to establish the position of “Speaker Emeritus” with unique qualifications and requirements to evidence the magnitude of accomplishment, dignity, and character of any person qualified to hold such position; and

WHEREAS, the minimum qualifications for such office shall be a minimum service of 18 years as Speaker of the House of Representatives, a minimum service of 14 years in other leadership positions associated with the House, and receipt of the coveted William M. Bulger Excellence in State Legislative Leadership Award, the highest honor conferred annually by the National Conference of State Legislatures and The State Legislative Leader's Foundation to a state legislative leader who has worked to preserve and build public trust in the institution of the
state legislature and whose career embodies the highest principles of leadership, integrity, compassion, vision and courage; and

WHEREAS, Jimmy Naifeh served as Speaker of the House of Representatives from the 97th through the 105th General Assemblies, which was not only a record for the state of Tennessee, but on January 1, 2009, he was the longest serving Speaker of the House in the country; and

WHEREAS, Jimmy Naifeh also served as Majority Floor Leader in the 90th, 91st, 92nd, and 93rd General Assemblies and as Majority Leader in the 94th, 95th and 96th General Assemblies; and

WHEREAS, Speaker Naifeh received many honors during his legislative career,
including the coveted "William M. Bulger Excellence in State Legislative Leadership Award" from the National Conference of State Legislatures and The State Legislative Leader's Foundation in 2006; and

WHEREAS, Speaker Naifeh has been active in many community and charitable
organizations, including business organizations, veterans' groups, University of Tennessee alumni activities, and Rotary International, and has been a faithful and effective supporter of ALSAC/St. Jude Children's Research Hospital, having served on the Board of Governors and Directors of ALSAC/St. Jude Children's Research Hospital from 1985 to 2005, and is currently serving on the Professional Advisory Board and is a Member Emeritus; and

WHEREAS, Jimmy Naifeh was first elected to represent the citizens of the 81st House District in 1974, and has continued to serve as their representatives since such time, and although he has served in many different leadership positions, his priority has always been to represent his constituents in the most effective manner possible; and

WHEREAS, as a tribute to his service to the State of Tennessee, the University of
Tennessee Institute for Public Service has proposed to establish the "Jimmy Naifeh Center for Effective Leadership" to prepare elected and appointed officials for the challenges of serving the public; and

WHEREAS, it is fitting for this body to honor the service of Jimmy Naifeh to his district
and the state; now, therefore
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE ONE
HUNDRED SIXTH GENERAL ASSEMBLY OF THE STATE OF TENNESSEE, that
the position of "Speaker Emeritus of the House of Representatives" is established as part of the
leadership of such body with the qualifications as enumerated above.
BE IT FURTHER RESOLVED, that James O. "Jimmy" Naifeh is hereby designated to be the “Speaker Emeritus of the House of Representatives” and as Speaker Emeritus he shall be entitled to all the benefits and privileges that such honorary title of Speaker Emeritus should carry; provided, however, that such powers shall not extend to any powers or duties granted the Speaker of the House under House Rules or the Constitution of Tennessee.

BE IT FURTHER RESOLVED, that the Speaker Emeritus may perform such functions and duties as are assigned by the Speaker of the House.

BE IT FURTHER RESOLVED, That a framed copy of this resolution be placed in the chamber of the House of Representatives and that this clause be deleted from such copy.

(Hat tip: WSMV)

Found: House & Senate Video Archives

Thanks to Ben Cunningham we now know where the old Tennessee House and Senate videos are. They're under the archives section...not the video section. Video, is apparently, only current video.

Main House page > House Archives > Pick your General Assembly and then Video

Main Senate page > Senate Archives > Pick your General Assembly and then Video

Kudos to the webmasters at the legislature...they got today's sessions uploaded much more quickly.

The Honorable Speaker

Speaker of the House Rep. Kent Williams (R -Elizabethton)

Williams said that "I probably did violate my promise," but that it was outweighed by a desire for change that would bring bipartisan fairness to the Legislature while protecting employees.--KnoxNews.

November 11, 2008 he committed vote vote for a Republican Speaker AND Speaker Pro Tempore. Wonder what else will outweigh his word.

Video from Tn GOP.


From Rob Huddleston: "Republicans will never be able to match Democrats when it comes to treachery." Lord, have mercy, I certainly hope they never are. I voted for honesty. What Carter County gave us was a liar.

Blue Collar Muse has a long list of conservative comment on yesterday's ---what do we call it--Democratic politics as usual?

From the City Paper:

"I'm not really all that surprised,” noted Rep. Frank Nicely (R-Knoxville) , “It is interesting. We were depending on honor, which is scarce these days. You can't force someone to be honorable, it comes from the inside out not the outside in."

You got a problem with me being Speaker?

Here's the exchange between brand new Tennessee
Speaker of the House Rep. Kent Williams (R-Elizabethton) and Rep. Mike Kelsey (R-Germantown) when Kelsey asked for clarification on Williams' previous statement about Jimmy Naifeh (D-Covington) conducting the day's session.

Don't overlook the private comment that starts this clip from Williams to Naifeh which is "Do I have to recognize him?" To his credit Naifeh tells Williams yes.

Streaming History

I'm watching the Tennessee House Session via streaming video. Nice feature is when you click on the session to watch it the pop up window also includes a copy of the agenda.

I missed Maury Davis of Nashville's Cornerstone Church giving the invocation.

They're currently calling the roll to verify a quorum.

Tn Supreme Court Justice Janice M. Holder is swearing in the members now.

In the meantime the Democrats are still running the House. Temporary rules. Rep. Gary Odom (D-Nashville) moves that the House should stand in recess until 1:00, Turner seconds. The shouts of objection are loud. Rep. Jason Mumpower (R-Bristol) is recognized by (Speaker for now) Jimmy Naifeh (D-Covington) and objects. Odom wants the recess for family photos. Mumpower asserts that the recess is unusual and calls for the order of the day. Odom prevails with the following vote totals. AC Kleinheider at the Nashville Post reports it was new legislator Rep. Terri Lynn Weaver (R-Lancaster) who crossed party lines to vote for the recess. Was it deliberate or accidental? Rep. Stacey Campfield (R-Knoxville) blogs it was a rookie mistake. She may have cost Republicans the majority.













Back from recess. Nominations for Speaker is the next order of business. Rep. Charles Sargent is nominating Rep. Mumpower. Rep. Susan Lynn (R-Mt. Juliet) seconds. Rep. Glen Casada (R-Franklin) immediately moves for closing of nomination. Odom objects and asks to approach the Well. Casada calls for rules of order and objects.

Odom wants to nominate someone and declares it improper to close nominations after only one nomination. "Let's hold a fair election." I have a nomination I'd like to make Mr. Speaker.

Naifeh asserts he doesn't know that Odom wants to nominate anyone (I don't believe it). and declares Casada's motion is out of order. Mumpower rises to challenge Naifeh's ruling. He's called Odom and Mumpower up to the front for a conversation off microphone. They're now calling in legal.

Gentlemen....let's just go to the tape. Casada has a motion, that according to Naifeh has been seconded, vote on the motion to close nominations. But somehow...like the bad call in Saturday's Titan's game where delay of game was overlooked...what was said and heard doesn't matter.

Naifeh recognizes Mumpower who withdraws the challenge.

Odom approaches the Well to nominate (the Republicans did it from the floor but Odom has to got down front). Odom says his nominee is known for "Putting people above partianship" gets laughter. Odom nominates Rep. Kent Williams (R-Elizabethton) !

Rep. Mike Turner (D-Nashville) moves to close nominations and it passes.

Roll call vote with Democrat names being called first. The clerk pauses after the Democrats and looks to Naifeh for direction. Naifeh tells him to continue with the vote. You can't hear the votes called out. When Williams votes there is cheering.

Vote: 50 Williams Mumpower 49. Booing and clapping as Naifeh tries to get order and Naifeh calls Williams to the front for the swearing in by Justice Holder.

I'm stunned but still not really surprised that Naifeh managed to pull this off. The man was too quiet. Everyone suspected he had something up his sleeve. I don't think anyone anticipated this.

What is it about 'Republicans' named Williams???

Williams: I've been booed before. I'm a Republican for not much longer. Today comes the end of the reign of a great speaker, Jimmy Naifeh (he's got the reign part right). Today I realize the disappointment and hurt of a lot of members of my party, especially our leader Jason Mumpower. But today isn't about Kent Williams or Speaker Jimmy Naifeh or Jason Mumpower. It's now about Republicans and Democrats but it's about change. ... Committee appointments will be based on seniority and ability. Ability being more important.

Williams designates Naifeh to 'finish out the session'. Groans.

Election of Speaker Pro Tempore: Rep. Johnny Shaw (D-Bolivar) nominates Rep. Lois DeBerry (D-Memphis) calling her "a virtuous woman". (This is NOT change. She's had this job for quiet some time.)

Mumpower rises to ask for a 30 minute caucus to determine their nominee until 2:15. Mike Turner declares the Democrats will also meet. (Wonder in which room Williams will spend the break.)

AC Kleinheider has this from GOP Party Chair Robin Smith:

“Kent Williams has betrayed his constituents and the people of Carter County in breaking his pledge - his signed oath - to vote for the nominee of the Republican caucus for Speaker of the House. He lied, in a quest for personal power, in league with Democrat Speaker Jimmy Naifeh and House Minority Leader Gary Odom, in their desire to retain power despite the results of the 2008 elections.”

2:30 back from recess. Naifeh calls the groups back into session. Williams is standing next to him. Back to election of Speaker Pro-Tempore. Rep. Harry Brooks (R-Knoxville) rises to nominate Rep. Beth Harwell-Halteman (R-Nashville) . Debra Maggart (R-Hendersonville) seconds. (Good choice by the Republicans) Rep. Joe McCord (R-Maryville) calls for end to nominations. Roll call vote. Democrats first. Clerk Durham accidentally skipped two legislators and had to go back and catch up.

DeBerry 50 Harwell 49. Even more disappointing. And so Justice Holder swears in DeBerry and she keeps her former position. "I will continue to do the very best job I can" and "In the words of our leadership team 12 years ago, you cannot make this stuff up".

Williams takes control of the meeting and appoints the list Naifeh coaches him on for various House Officer positions. Williams asks at one point what the first name is. He's appointed committees to report to the Governor and the Senate that the House is ready for business and will recess until those committee's accomplish that bit of formality.

Unaware that the microphone is open Williams comments to Naifeh: "It's a good thing I've got thick skin."

Rep. Brian Kelsey (R-Germantown) is recognized and asks if Naifeh was Speaker for the day or not. Williams "Do you have a problem with me being Speaker?" Kelsey pauses and says yes. There is clearly some irritation in Williams voice over being called to clarify his previous words about Naifeh finishing out the session as Speaker. It's a reasonable question and considering the fact that Naifeh is at Williams' right elbow, whispering directions and pointing to items on papers on the lectern it might just be more efficient for Williams to let Naifeh 'finish out the session'.

McCord is recognized and moves for adjournment. At Naifeh's suggestion Williams asks McCord to withdraw the motion. Back and forth. 10 minute recess is granted to McCord in lieu of a full recess.

3:15 back in session. Audit committee is announced. Todd thanks folks for their support during his knee surgery. Cooper calls for a meeting of the Black Caucus. Caseda wants to know what is being done by about the joint meeting about constitutional Officers. The clerk informs the Speaker that the senate paperwork is on the desk awaiting House action. Maddox rises and also thanks folks for their support after the death of his brother. He also announces the group that Rep. Les Winningham's (D-Huntsville) wife is at death's door and asks for a moment of silence for her. It's SERIOUS business when a man feels compelled to leave his wife's bedside to ensure his party stays in power. Caseda asks about the time frame on the joint committee. Odom is recognzied and says it'll be handled Thursday. The Clerk reads the Senate paperwork and says the meeting is tomorrow. McCord is recognized and asks if they'll be a two or three week break tomorrow so folks can plan. Speaker says he'll let them know after meeting with leadership.

Introduction of resolutions...yadda, yadda

Turner says they'll be a Democratic Press press conference immediately after adjournment.

Suddenly, a roll call vote. Williams needs to remember he's in front of a live microphone. 99 members present.

It was a historic meeting to be sure. It clear, to me, that nothing has changed. Republicans anticipated a tough battle this session as a result of the fiscal trouble they would have inherited. The battle is still going to be tough but the field has certainly changed. I would encourage the House Republicans to stand firm and fight for every hill available.

I'm thankful for the Senate's larger majority which will be necessary in order to, as in previous sessions, keep the House restrained.

The House is in recess until 9:00 a.m. tomorrow.










In the hour it took me to clean up this post and include hyperlinks the House webmasters have already updated Speaker Williams' web page.
















However, Rep. Naifeh's page still shows him holding the Speaker's gavel. I believe that's going to be the case throughout this session.

2009-01-11 More legislation filed

More legislation filed in the Tennessee legislature. Thanks to the updated legislative website the sponsor's names are now hyperlinked to their much more informative web pages. Another nice feature...hover over the bill link in the long list and you'll get the bill sponsor and a hint about what the bill is.

BIG PROBLEM: pointed out by David Oatney---the video archives are AWOL. Not good. I've searched high and low and I can't find the previous session's videos at all. There's no link to the webmaster so no way to easily drop them a note asking when and where they'll return.

From the House:

*HB 0046 by Rep. Joshua Evans (R-Robertson County)

Handgun Permits - As introduced, prohibits department of safety or any department approved handgun safety course employee from requiring applicant for handgun carry permit to furnish any identifying information concerning any handgun the applicant owns or possesses. - Amends TCA Title 39, Chapter 17, Part 13.

Yes. They only need to examine it to ensure it's safe for the training.

*HB 0047 by Rep. Brenda Gilmore D- Nashville

Taxes, Real Property - As introduced, enacts a property tax freeze for homeowners totally and permanently disabled. - Amends TCA Title 67, Chapter 5, Part 7.

*HB 0048 by Rep. Brenda Gilmore D- Nashville

Child Custody and Support - As introduced, allows the court in an order for support and maintenance of the children to set a specific amount to cover uninsured medical expenses and if such amount is not paid by the party within 30 days, the court, other party, state, or IV-D contractor may enforce the payment by any legal action permitted by law. - Amends TCA Title 36, Chapter 5, Part 1.

Don't most divorce documents include a provision for health insurance for dependent children? And doesn't a violation of that decree enable a contempt of court citation?

*HB 0049 by Rep. Brenda Gilmore D- Nashville

Mortgages - As introduced, delays the sale of land to foreclose a loan, mortgage or deed of trust on owner-occupied single family residences for a period of time; requires the parties to enter into good faith negotiations during such period to renegotiate the terms and conditions of the loan. - Amends TCA Title 35, Chapter 5, Part 1.

*HB 0050 by Rep. Brenda Gilmore D- Nashville

Public Health - As introduced, requires the department of health, in coordination with the office of minority health, to develop a plan to respond to the HIV/AIDS crisis in African-American communities throughout Tennessee; authorizes the state treasury to create a special fund designated as the African-American HIV/AIDS Response Fund in which moneys may be deposited, subject to appropriation, to fund implementation of the proposed plan. - Amends TCA Title 68.

I don't see the need for this. Is the health department slighting any segment of the population in this regard? If so, call them on the carpet through the chain of command and let's focus resources where needed. The state legislature doesn't need to create another pocket of money that can only be spent in one area.

*HB 0051 by Rep. Brenda Gilmore D- Nashville

Food and Food Products - As introduced, prohibits in any food service establishment use of trans fats in the preparation of food or food products. - Amends TCA Title 53 and Title 68.

*HB 0052 by Rep. Brenda Gilmore D- Nashville

Public Health - As introduced, requires the department of correction to test all inmates for HIV prior to inmate release. - Amends TCA Title 41, Chapter 21.

*HB 0053 by Rep. Eddie Bass (D-Prospect)

Handgun Permits - As introduced, makes information contained in handgun carry permit applications and renewals, information provided to agencies to investigate applicant, and records maintained relative to the permit application confidential and creates Class E felony of unauthorized publication of permit information or records. - Amends TCA Title 39, Chapter 17, Part 13.

*HB 0054 by Rep. Eric Swafford (R-Pikeville)

Criminal Offenses - As introduced, creates Class A misdemeanor offense of owner or employee of intellectual property seizing property alleged to be counterfeit or imitation but permits seizures by law enforcement officers as currently provided by law. - Amends TCA Title 39, Chapter 14 and Title 47.

*HB 0055 by Rep. Eric Swafford (R-Pikeville)

Nurses, Nursing - As introduced, authorizes the general assembly to appropriate funding for the state school fund to provide for the inclusion of a school nurse in every public school. - Amends TCA Title 49 and Title 68.

I don't agree with the 'every' public school. Let's base it on legitimate need. It's a bit like giving a mouse a cookie. Original intent may be double checking on fevers and skinned knees but mission creep will set in.

*HB 0056 by Rep. Eric Swafford (R-Pikeville)

Tort Liability and Reform - As introduced, provides that a flea market operator is not vicariously liable for damages resulting from flea market vendors' sale of counterfeit merchandise unless operator knew merchandise was counterfeit and failed to report or prevent sale. - Amends TCA Title 39, Chapter 14, Part 1 and Title 47, Chapter 25, Part 5.

Who shops at a flea market and doesn't assume an "as is" purchase? It's the price of getting a bargain--you have to assume a greater risk in purchasing the product.

House Resolution:

*HJR 0007 by Rep. Brenda Gilmore D- Nashville

General Assembly, Statement of Intent or Position - Expresses profound regret for the enslavement and racial segregation of African-Americans.

Haven't we done this already?

From the Senate:

*SB 0011 by Sen. Bill Ketron (R-Murfreesboro)

Driver Licenses - As introduced, requires all written driver license examinations be given in English. - Amends TCA Title 55, Chapter 50, Part 3.

YES! Until our traffic signs are in the applicant's mother tongue...let's ensure they can read the information on those new TDOT electric signs (and every other road sign) and keep the test in English.

*SB 0012 by Sen. Delores Gresham (R-Somerville)

Military - As introduced, authorizes state employees who are in the military to use sick leave rather than annual leave when called to military duties. - Amends TCA Title 8, Chapter 33 and Title 8, Chapter 34.

Gresham reaches out once again to her military compatriots and suggests this small and common sense accommodation to make their life easier in exchange for keeping us safe.

She's still the real deal

Alaska Gov. Sarah Palin's interview with Big Hollywood's John Ziegler in preparation for his forthcoming film, “Media Malpractice… How Obama Got Elected and Palin Was Smeared" was worth the 10 minutes it took to view. The article Ziegler's embeds the above video in was even more enlightening. Palin's local enemies are still so intent on taking her down out of fear of her rising popularity in the lower 48 (let alone her reelection) that the interview was conducted in her home to avoid a trumped up ethics charge by commingling state business and campaign business in her office. The local paper is still feeding the 'Trig isn't her baby' nonsense. Palin, demonstrating team playing, continued the Couric interview at the McCain campaigns request despite her feeling it should stop.

I'm looking forward to viewing the entire documentary.

2009-01-9 Round Up --Legislature

A very busy week dealing with family stuff so I've got 185 Firefox tabs lined up. Here goes. We'll start with legislative news:

From AC Kleinheider:

I have never experienced a Speaker who disrespects a fellow member of the Senate in such an offensive manner.”

-Senator Thelma Harper

Seems Lt. Gov. Ramsey is daring to appoint only Republicans as chairman of the committees this session. Of course Sen. Harper has never experienced a speaker who disrespected her...her side's been in control for 140 years.

Speaking of Lt. Gov. Ramsay his comments at the Nashville Post include this:

"Ramsey said he expects that a judicial selection process will be put in place this year that falls somewhere in between last year's proposal and the direct election of judges without a retention vote."

Umm....anything other than the Tennessee Constitutional requirement of direct election ("shall be elected by the qualified voters of the district or circuit to which they are to be assigned") is, in the opinion of this non-lawyer, is flat out wrong. Don't do it.

This from TennPlanDebate.com:

"For most of Tennessee’s history, appellate judges, like other public officials, were selected in elections. But in 1971, the General Assembly decided to change things by adopting Tennessee’s current system for selecting appellate judges – the “Tennessee Plan.” The plan charges the governor with appointing all appellate judges in the state, including Supreme Court Justices, from a list of candidates submitted by a nominating commission. In June 2009, the Tennessee Plan will expire unless it is reauthorized by the legislature."

Let it expire. Let it die. The Republicans need to put a stake in its heart and bury it and any 'compromise' in garlic. Let's follow the plain language of the Tennessee State Constitution and let the people vote!

And about those constitutional officers that will be voted on next week by the Republicans--

I saw Phil William's report at WTVF of the most scummy, low life, ghoulish revenue enhancement scheme I've ever heard tell of in my life. The Republican party can do better than Ira Brody and Justin Wilson if they truly believed that taking out life insurance on state retirees with the state as beneficiary was the least bit proper. Seriously, the Republican legislature does not need to begin 5 steps back by allowing anyone who thinks this way in a position of power.

Terry Frank has it exactly correct:

One of the reasons Republicans won in this state this election cycle was because the state Democrats had a corruption problem at the state level. Putting Wilson in as our “money cop” as he calls the job, would surely assist the state Dems in leveling the playing field in that regard.

Candidate interviews and applications linked from Ben Cunningham's blog.

The state legislature has an updated website and it's about time. Best new feature may be the bill tracking. Get an RSS feed when it's status changes. HUGE downside---you can only track 30 bills (3 lists of 10 bills per). C'mon folks---they'll be 4,000 bills filed in the next two years if the pattern repeats and 30 won't even cover the eduation bills filed. Guess I'll have to create a bunch of accounts--if it'll let me.

They also got rid of that annoying linking system that required a bit of html knowledge to discover the URL to link to it instead of the generic http://www.legislature.state.tn.us. Unfortunately, all my ActiveWords for legislators will have to be updated--but it's worth it.

Another nice feature...click on your legislator's page and about in the middle is a link to the list of the bills they're sponsoring with a link to the bill which includes the usual bill text and fiscal notes but also links to video clips---that's very new.

Unfortunately, TN still hasn't followed the lead of a lot of other states by presenting the bill language in a fashion that clearly shows what's being added and what's being taken out.

Folks may want to bookmark the Tennessee Center for Policy Research's brand spanking new legislative tracking website called TennesseeVotes.org as an alternative.

"Welcome to TennesseeVotes.org! This web site provides concise, non-partisan, plain-English descriptions of every bill and vote in the Tennessee House and Senate. You can search these by legislator, category, keyword and more. Citizens can also post comments about bills and discuss other state policy issues on the Forums."

Kudos to Sen. Bo Watson, R-Hixson, and Rep. Richard Floyd, R-Chattanooga. According to the Times Free-Press:

Two Chattanooga Republican lawmakers are exploring how to rescind their recent, automatic cost-of-living salary increase as the state wrestles with a budget deficit caused by the deepening recession.

Someone should figure out how these men, including Gov. Phil Bredesen, can refuse their salaries without penalty.

Exactly who is "us"?

I just got a polite phone call from a woman saying she represented "Nashville For All of Us" and she wanted to let me know that early voting had started on two Metro Charter Amendments and I could vote against them at the Election Commission Office. I reminded her that we could also for FOR them and that's when the conversation came to an end.

I checked on the phone number that showed up on my caller ID: "931-698-1533 Columbia, TN". Her "Nashville for All of US" support might mean more if she actually lived in Nashville. The number is also linked to the rowing club at Georgia's Berry College.

Please remember that the only place to vote early is at the Election Commission downtown. I don't know why the decision was made to not have early voting out in the county as usual. When I look at who lives and works downtown the cynic in me suspects it's intended to be inconvenient for all but the committed against voters.

Davidson County Election Commission
Metro Office Building (next to Howard Office Building)
800 2nd Avenue, South
Election Commission site for the actual amendments and hours of voting.

Along this same line MNPS BOE member Karen Johnson (District 6-Antioch) has posted to her blog that she is against the charter amendment making English the official language of Nashville.