GOP victories mark 106^th General Assembly

Result in no-tax budget, significant education reform

With a focus on keeping and growing opportunities for job development in Tennessee, House Republicans worked hard this year to ensure the state continues to foster an environment where new jobs are created and small business can thrive. Most Tennesseans are employed by small business in Tennessee, and Republicans felt that eliminating red tape, staving off tax increases, and shrinking the size of government would help Tennessee rebound from the economic downturn. Republicans fought hard in 2010 to craft a balanced budget that did not raise taxes while focusing on education as a priority. The 106^th General Assembly concluded after both goals were met, passing one of the most fiscally conservative budgets in recent memory and significant education reforms that will benefit Tennessee students. In addition, strides were made in the areas of crime and safety, healthcare policy, and immigration.

Republicans say no-tax balanced budget will get economy back on track

In what many legislative observers believe to be a first, the State House unanimously passed a balanced budget with no new taxes and no tax increases. Republicans held the line all year against Democrat-proposed tax increases and fought for the removal of wasteful expenditures. The hard work paid off, as the final budget was one of the most conservative in recent memory that still protected priorities. In addition, lawmakers left a healthy amount in the state’s reserves accounts, including $429,207,100 in the Rainy Day Fund and TennCare Reserve Fund. The combined total of all reserve accounts will be $615.4 million. The 2010 budget is $29.7 billion after the legislature made approximately $650 million in cuts.

The Governor’s original budget proposal also included over $130 million in tax increases, which House Republican leadership denounced as an irresponsible tactic to balance the budget. Part of the tax increase plan included an $85 million tax on single article sales and an additional $50 million by increasing taxes on cable, long-distance telephone services, and free continental breakfasts that hotels and motels sometimes provide. Lawmakers also reached a consensus on several contentious items such as the Career Ladder program, Agriculture Enhancement Grants, and state employee bonuses.

The state’s Career Ladder Program, approved in 1983 as a form of incentive pay for educators, remained in the final budget and totals $34.5 million. Lawmakers also reached an agreement on state employee bonuses. An original proposal would have given all state employees a bonus of 3 percent, but some Republicans felt that was a bit excessive given other layoffs and economic conditions. The legislature ultimately settled on a more conservative plan that will pay employees an additional $50 per year of service, with a minimum of $150 for employees with at least one year of service (as of October 1, 2010) and a maximum pay out of $1,250 (representing 25 years of service). Teachers will be included in the bonus program.

Federal money still in jeopardy

The budget cautiously allocates federal funding that has not yet been approved by the U.S. Congress, but funds only “contingency items” that are essentially ‘extras’ with these dollars. The state was expecting Congress to have already approved the nearly $340 million in one-time funding, but Congress left on Memorial Day break without acting on the extension, and has still failed to do so. The funds will provide for upgraded radios for state troopers, an unnamed economic development project, the demolition of several dilapidated buildings at the University of Tennessee’s Health Sciences Center, and the Civil Rights Museum. A portion would also be used on a post-flood tourism campaign to demonstrate that “Tennessee is open for business.”

Flood relief

In light of the devastating floods at the beginning of May, lawmakers included flood relief in the budget to the tune of $19.9 million. Flood relief plans were discussed at length during budget negotiations as lawmakers recognize the need for aid. Proposed methods for funding flood relief proposals included using cash from the state's Rainy Day Fund, using a portion of stimulus money, and through various tax relief measures. Ultimately, the legislature settled on a plan that eliminates the state and local sales tax on major appliances, residential building supplies, and residential furniture. To receive a refund from the Department of Revenue, flood victims must have purchased the equipment between May 1, 2010, and September 30, 2010. The total amount that can be received is $2,500 and the claimant must file a single application with the Department of Revenue by November 30, 2010, along with satisfactory proof from FEMA showing damage. The refunds are allocated out of the state’s General Fund.

Technical Corrections

The “technical corrections” bill submitted each year by the Administration has evolved over time from legitimate technical changes in the Tennessee Code Annotated to a tax bill that supplements the state’s General Fund. Republicans have fought for returning the legislation to a true “technical” corrections measure for many years, and this year the GOP was successful. Three months ago, the technical corrections bill was laden with more than $130 million in tax increases to balance the budget. Republicans stripped the taxes from the bill, which also included positive measures of tax relief, flood victim assistance, and economic development measures. The final vote on the legislation was 92-2.

Tennessee successful in federal

“Race to the Top” competition

The legislature successfully reformed K-12 education this year, with an overhaul that included better utilizing existing data, rewarding teachers, and accountability if certain benchmarks are not met. The United States Department of Education recognized the efforts, and Tennessee was rewarded millions of dollars in funds from the federal government’s “Race to the Top” program. Only two of 16 finalists—Tennessee and Delaware—were ultimately selected. The Tennessee General Assembly met for two weeks in early January for an Extraordinary Session to pass the bi-partisan, comprehensive education reform plan.

The main components of the new law include utilizing Tennessee Value-Added Assessment System (TVAAS) data in teacher evaluations, creating a committee to oversee implementation of reforms and develop certain standards, and implementing an Alternative School District in which failing schools will be placed.

Race to the Top, a portion of the American Recovery and Reinvestment Act, provides $4.35 billion in competitive grants designed to encourage and reward states that are moving forward with bold initiatives in four education reform areas:[1]

1. Adopting standards and assessments that prepare students to succeed in college and the workplace and to compete in the global economy.
2. Building data systems that measure student growth and success, and inform teachers and principals about how they can improve instruction.
3. Recruiting, developing, rewarding, and retaining effective teachers and principals, especially where they are needed most.
4. Turning around the lowest-achieving schools.

Tennessee already had one of the most comprehensive data compiling systems in the country, but did not use the data to determine teachers’ success. The key component of the new law is to use the information to improve the quality of education and to ensure that student performance is improving.

Teacher Evaluations

Originally the most controversial part of the plan, proponents hope the utilization of TVAAS data will improve student performance year over year as principals, directors of schools, and boards of education across the state will have a better snapshot of student performance and teacher effectiveness. TVAAS data can now be used for up to 35 percent of a teacher’s evaluation, with another 15 percent of the criteria to be determined in part by an independent committee. This part of the law also requires that the teacher and principal mutually agree with the person(s) performing the evaluation and on the evaluation measures being used. Teacher evaluations will be done once a year and give teacher training programs access to TVAAS data on their students. This method will allow administrators to determine what training programs are working, and which ones are not. Many believe that “unlocking” the TVAAS data will allow principals and school districts to have a true understanding of student performance, and assist teachers in improving their skills.

Achievement School District

Within the reform measures, the legislature created an Achievement School District (ASD) that will be managed by the state. Schools that are deemed “failing” will be moved into the Achievement School District, in an effort to help under-performing schools get back on track. The Commissioner of Education has the authority to move any public school into the newly created Achievement School District if the school is in the fifth year of improvement status, or at any time if a Title I school meets the federal definition of “persistently lowest achieving schools.” The school would remain in the special district until it begins to achieve adequate yearly progress for three consecutive years. At that time, the Commissioner of Education would be required to create and implement a transition plan to return the school to its local school district.

Republicans have, for many years, advocated these types of education reforms on the state level, and were glad to see a step forward being made for Tennessee children and our schools. Another step to better the process, Republicans believe, would be to implement “Education First,” a Republican proposal that would require the legislature to pass an education budget prior to considering other items. This would ensure that Tennessee students come first, much as education was given a high priority this year by working on reforms in January.

STEM

In addition to the K-12 reform legislation, the state plans to enhance its Science, Technology, Engineering, and Math (STEM) program, which will be included in the Race to the Top application.  The state is partnering with Battelle, which manages the Oak Ridge National Laboratory, to provide an extensive network of STEM programs across the state.  This includes building new science labs, adding new technology, and creating new curricula to inspire and create new interest in science and math.  Tennessee students must be proficient in these subject areas to compete in a changing global economy, and having graduates trained science and math is an important factor in helping recruit more business to locate in Tennessee.

Legislature reforms higher education with “Complete College Act of 2010”

For the second half of the Extraordinary Session, the Tennessee General Assembly overhauled higher education, passing the “Complete College Act of 2010” by a vote of 93 - 2. Lawmakers say the plan will increase the number of college graduates, offer easily transferrable credits, and make the community colleges, four-year institutions, and technology centers work as a tightly knit network. In addition, the University of Tennessee at Knoxville will partner with Oak Ridge National Laboratory (ORNL); a move that lawmakers believe will make the state’s university a premier research institution.

Tennessee currently ranks 40^th in the nation in completion of bachelor’s degrees, and 45^th in completion of associate’s degrees. Lawmakers were told that in order to reach the national average, Tennessee would need to graduate another 20,000 graduates annually. Economists predict that Tennesseans could earn $6 billion in additional salaries if the goal is reached, as the pool of workers for “middle management” jobs would be larger—especially for companies that recently relocated here such as Hemlock, Wacker, and Volkswagen.

Transferrable Credits

The reforms passed by the legislature will make it easier for transfers of credit among institutions. In addition, the law provides for further development of a common course numbering system for community colleges that will aide students in transferring the credits, and requires course catalogs at community colleges to clearly define what classes are not transferrable.

One aspect of the overhaul eliminated remedial classes at the state’s four-year institutions, but allows students to dual enroll in a four-year university and a community college to complete the classes if needed. Students can declare they are on a path toward a bachelor’s degree, and still be considered a full-time student at the university if they are enrolled in 12 hours between the two institutions.

Cohesive System

In keeping with the legislature’s goal of directing students to the post-secondary institution that best suits them—a four-year institution, community college, or technical school—the plan created a more cohesive system to be in place by 2011 to give students an easier, more affordable way to finish the degree of their choice. The Tennessee Higher Education Commission is directed to develop coordinated programs and services, so that students can move freely about the system in order to pursue their degree and fulfill their requirements.

Funding

Formerly, the funding for state institutions was based on student enrollment. The reform measure directed the Tennessee Higher Education Commission (THEC) to develop a new funding formula based on outcomes instead. While graduation rates are sure to be a large portion, THEC is also directed to take into account student retention, timely progress toward degree completion, and end of term enrollment when determining the new funding plan.

Research Institutions

Legislators also approved $6.2 million as part of a plan to establish the University of Tennessee at Knoxville as a premier research institution by partnering with Oak Ridge National Lab. The partnership is expected to create nearly 200 new faculty positions among the existing researchers at Oak Ridge. Similarly, the University of Memphis will implement the Memphis Research Consortium, with lead partners the University of Tennessee Health Sciences Center and St. Jude’s Research Hospital. Any four-year institution is now allowed to engage in similar collaborations. Lawmakers believe this will create transformative new research opportunities.

GOP fights to limit impact of federal

healthcare takeover

House Republicans have fought all year to enact legislation to counter the federal health care takeover passed by Congress late last year, believing that expanding government programs is rarely an effective solution to complex issues. Further, Republicans have argued the federal government’s takeover of healthcare will only prove to balloon the cost of healthcare services to the states. The GOP brought forth several proposals to counter the federal government, and the legislature discussed the issue at length, with most Democrats staunchly opposed to Republican efforts.

The two strongest pieces of legislation were stalled this year, one in a House committee, and the other on the House floor. The “Health Freedom Act” was drafted to protect the right of an individual to purchase—and the right of doctors to provide—lawful, private medical services without penalty. The bill would also have required the state Attorney General to take the necessary steps to defend these rights.

The bill, which had been debated at length throughout the committee process, hit a snag in the House Calendar and Rules Committee. The committee is responsible for setting the House floor calendars and scheduling legislation for consideration on the House floor. Democrats attempted to stall the legislation, using parliamentary tactics to hold the legislation in the committee indefinitely. Eventually, the bill was referred back to the Finance, Ways and Means Committee despite having an insignificant price tag and ultimately died there.

The House initially passed House Bill 2622 with a vote of 53-32, after months of wrangling in committee. While similar to the “Health Freedom Act,” this bill simply prohibited the legislature from requiring any person to participate in a health care system or plan. Democrats attempted to attach poison pill amendments and use complicated parliamentary procedures in an effort to kill the bill. Because the House and Senate versions differed, the legislation went to a conference committee. Although every House Republican present voted for the conference committee report, it failed to obtain the fifty constitutional votes for passage and died along party lines with a 44-39 vote in the final midnight hour on the last day of session.

Other states have passed similar legislation, and many are already in the process of filing a lawsuit against the federal government regarding the healthcare overhaul.

Despite setbacks with these two bills, both chambers considered and passed a resolution that expresses opposition to the federal takeover of healthcare with a vote of 66-29 in the House. After nearly two hours of contentious debate, House Joint Resolution 704 won approval, with 15 Democrats joining Republicans in passing the measure.

Legislature reaches agreement on

workers’ compensation law

The legislature worked out a new plan for workers’ compensation insurance, which includes fairness in construction industry bidding, protects general contractors from workers’ compensation claims filed by subcontractors and addresses employee misclassification. Earlier in the year, the General Assembly approved legislation calling for the immediate suspension of a law passed in 2008, due to unintended effects of the act to require sole proprietors and partners engaged in the construction industry to carry workers’ compensation coverage on themselves. Since January, the legislature has been discussing alternative ways to address gaps in coverage for workers in construction companies without harming small business owners.

The new law requires everyone in the construction industry to be covered by workers’ compensation insurance or be specifically exempted. Sole proprietors and partners in the construction industry will have to carry insurance on themselves, but they can obtain an exemption from the requirement. The exemption is limited to certain members of the construction industry including, but not limited to, officers of a corporation, a sole proprietor, members of a limited liability company, or a partner in a limited partnership. In addition, those who request an exemption must be current in paying all taxes. No more than three people on any one commercial job are eligible to claim an exemption.

The measure also substantially increases penalties for employers who fail to comply with the law. The bill set different effective dates for various provisions, phasing in the new law slowly. The final product came after months of discussions between lawmakers, the Department of Commerce and Insurance and various representatives of the construction industry. The bill passed 87-7. 

House votes 65-31 to override veto of menu-labeling measure

A Republican-sponsored bill that prohibited certain local entities from requiring nutritional labeling on menus has now become law. The law was passed last year by both the House and Senate but was then vetoed by the Governor. Both the Senate and the House easily overrode the veto in February. The legislation was filed in 2009 as several states, municipalities and cities began considering laws that mandated chain restaurants put calories and other nutritional information on menus.

Specifically, the law prohibits non-elected bodies from making the decision to require nutritional information on menus, such as a local Board of Health. The law does still allow elected county commissions and city councils to pass such regulation requirements, but Republicans felt the measure was a step in the right direction. The law also specifies that if the federal government passes legislation requiring menu labeling and the federal action specifically authorizes state departments to enforce such action, then the Tennessee Department of Health will be the department that is primarily responsible for the implementation and supervision of the new requirements.

Republicans who argued in favor of the bill say that mandating restaurants to put certain nutritional information on menus places an unnecessary burden on small business restaurant owners in an already struggling economy and creates an atmosphere that is unfriendly to business owners. In addition, if every city enacted something different, large or even medium sized companies would have difficulty in following the laws properly. In a year when the economy has seen sharp downturns, small businesses should not be burdened by overregulation.

Democrats kill Secret Ballot Protection Act

The “Secret Ballot Protection Act,” a measure Republicans hoped would see passage, was killed by Democrats on a straight party line vote this year in the Employee Affairs subcommittee. The proposal defined the denial of secret-ballot elections with regards to unions as an unfair labor practice. It also establishes penalties (class C misdemeanor) and civil remedies for violation.

The bill was a remedy for “card check,” which has been proposed by Democrats in Congress. Card check would require unionization ballots to be public, so that unions could see if a worker voted for or against unionization. Currently, the vote on whether to unionize is a secret ballot, which protects workers from undue harassment by union leaders. The Secret Ballot Protection Act would declare that those votes remain private in order to protect workers.

The Republican sponsor argued that voting is sacred whether it is in the voting booth or the workplace, and that the bill is consistent with the state’s Constitution in guaranteeing ballot secrecy. Ultimately, however, the bill failed along party lines.

Proposals to create “small business advocate” in state government and the improvement of economic efficiency see passage

The Comptroller of the Treasury’s Office will create a “small business advocate” within government to assist small businesses in navigating red tape, due to legislation passed this year. Republicans pushed for the measure, arguing that government often creates a burden on small business owners and entrepreneurs through overregulation. The small business advocate will guide business owners through various processes to apply for licensure, fill out necessary paperwork, and ensure compliance with the law.

In addition, legislation passed this year to increase efficiency in state government departments. The new law encourages departments within state government to take comments and suggestions from both the public and employees on how to improve efficiency and report back to the Tennessee General Assembly with their results.

Crime and safety proposals are priorities

despite economic woes

Republicans were successful this year in securing passage of several bills that aim to decrease crime and keep Tennesseans safe despite budgetary restrictions. The Republican-led ignition interlock program was passed after lengthy discussions in both committee and on the House floor. The new law will require certain DUI offenders to use an ignition interlock system, in which users must ‘blow’ below a certain blood alcohol content (BAC) level to turn on their vehicle. Republicans have carried some form of the legislation for several years, and worked particularly hard this year in securing passage.

Republicans contend that the law is needed to curb the number of repeat drunk drivers on Tennessee roads. Forty-eight other states have some form of ignition interlock, but Tennessee is only the fourteenth to impose mandatory use of the device on first time offenders.

Specifically, the bill requires anyone convicted of a DUI with a blood alcohol content (BAC) level of .15 or higher to use the ignition interlock device (IID).

Sexual offender laws strengthened, texts to 911 call centers examined

The State House unanimously passed legislation this year that prohibits the Board of Medical Examiners from issuing a license to practice medicine in Tennessee to anyone convicted of and registered as a violent sexual offender.

In addition to prohibiting violent sexual offenders from practicing any kind of medicine, the bill also requires the board to hold a hearing regarding any application to practice medicine from a non-violent sexual offender. During the hearing the medical board is directed to consider the extent to which the applicant poses a risk to patients before determining whether or not to grant a medical license.

A bill that adds aggravated rape of a child to the list of offenses for which a juvenile may be transferred from juvenile to adult court also passed this year. The Republican initiative won bi-partisan support in both committee and on the floor, and proponents believe the measure can significantly deter the crime.

Finally, a resolution urging 911 call centers to accept text messages was approved this year. House Joint Resolution 746 was drafted after other states began implementing technology within their 911 call centers to accept text messages. Idaho was the first state to begin accepting the text messages, and say the result has been very positive, especially for those who are hearing impaired. Although the resolution simply urged call centers to accept text messages but did not require them to do so, the legislature discussed the issue at length and may act with definitive legislation in the future.

Republicans work to ensure fair elections

Republicans successfully shepherded legislation through the Tennessee General Assembly that will make it easier for troops stationed overseas to vote. The new law allows election commissioners to email ballots that troops could then print and return by mail. Before passage of the law, election administrators mailed the ballots overseas and did not use electronic means, making it difficult for troops to cast their ballots in time to be counted.

The Republican sponsor said men and women who protect the freedoms of Tennesseans should be able to exercise their most precious freedom—voting—with ease. The sponsor also argued that the need for a change in the law came about because the state discovered many of the ballots were mailed too late, making it difficult for troops in the field to fill out and return them by mail in time to be counted.

The legislation hit a roadblock in the Elections Subcommittee last year, as the bill failed on a party line vote. Republicans were outraged, arguing that the state should do all it can to ensure the votes of our brave men and women serving overseas count. This year, the bill passed on a bi-partisan basis.

The National Conference of State Legislatures (NCSL) and the Pew Research Center for People and Press reported last year that one-third of states did not allow enough time for overseas voters, listing Tennessee as one of 16 states that sent ballots after the date necessary for voters to meet deadlines. Last year, at least seven states enacted legislation to authorize some form of electronic transmission.

Republicans fight illegal immigration with a

myriad of proposals

House Republicans scored two major victories this year on the issue of immigration, after passing the “Protecting English in the Workplace” proposal and a measure that will require jailers to determine immigration status.

“Protecting English in the Workplace” clarifies that employers can require that English be spoken on the job, but does allow for some exceptions such as lunch hours or other designated breaks. The law would protect businesses from frivolous lawsuits that can emerge when private policies are set perfectly within their rights.

The Republican sponsor said requiring English is often a safety precaution. Businesses where employees are continuously handling toxic products or food containers have a need to require English. The sponsor also cited industrial businesses, where signs in English often display critical safety information.

Another proposal that passed will require jailers to determine whether or not their inmates are in the country legally, and set the wheels in motion to have them deported if it is found they are illegal. The legislation was amended several times as some legislators attempted to exempt their individual counties from the requirement and the House and Senate initially passed different versions, forcing the bill into a conference committee. The changes were finally reconciled and the only counties exempted are Davidson and Shelby. The final proposal was approved 84-3 in the House.

After making its way through the Transportation Committee, a proposal that would have required driver’s license exams to be given only in English failed to move out of the House Budget Subcommittee, often referred to as the “black hole.” The Republican sponsor argued that House Bill 262 is needed so that drivers can read road signs and other critical information. Republicans also say drivers need to be able to communicate with police and other emergency personnel in case of an emergency, and vowed to continue fighting for the proposal next year.

House Bill 270 would have required voter registration forms to carry a disclaimer that clarified giving false information to register to vote carried a criminal penalty, and also required that the applicant affirm that they are lawfully in the United States. After passing through the committee system, the House and Senate versions emerged in different forms, and the legislation ultimately died. The legislation is another measure Republicans will continue to work on next year.

Republican-sponsored resolution commends immigration policy, passes House

The House passed House Joint Resolution 1253 in late May commending Arizona for their bold move on immigration policies. Arizona recently passed a law that allows law enforcement officials to require citizenship documentation on any citizen that is detained or arrested. The resolution passed with a 67-27 vote.

The recent immigration policy adopted by Arizona has received national attention. In a poll conducted by MSNBC, NBC, and Telemundo, 61 percent of Americans support Arizona's actions. Lawmakers have defended the law’s importance from both an immigration and economic standpoint. Individual states and municipalities across the country have implemented a slew of illegal immigration laws in the last few years following inaction by the federal government.

To read the resolution in its entirety, please visit http://www.capitol.tn.gov/Bills/106/Bill/HJR1253.pdf.

GOP pushes ethics bill, measure passes House with overwhelming majority

Republicans successfully passed an ethics measure that will require any member of the legislature to forfeit state health insurance benefits if convicted of a felony offense related to their elected office. The law would not apply retroactively or to family members who might be covered.

Republicans have, for several years, filed and supported this legislation despite hitting roadblocks in Democrat-controlled subcommittees. House Bill 2349 was approved by the full House this year with only 4 Democrats voting against it.

The following bills were also considered during the 2010 session of the 106^th General Assembly:

·        Environment and Conservation: A constitutional amendment giving Tennesseans the right to hunt and fish has completed its journey through both the House and Senate and will now appear on the ballot in the form of a referendum in 2010. Before a constitutional amendment is adopted, it must pass one General Assembly by a majority, a subsequent General Assembly by two-thirds, and receive a majority of voters’ approval on a ballot in a gubernatorial election year. SJR 30 was approved by the House with a 90-1 vote.

SJR 30 adds to Article XI, Section 13 of the state’s constitution a new provision which reads: “The citizens of this state shall have the personal right to hunt and fish, subject to reasonable regulations and restrictions prescribed by law. The recognition of this right does not abrogate any private or public property rights, nor does it limit the state's power to regulate commercial activity.”

The House Republican sponsor said the measure is a pre-emptive strike to protect the time-honored traditions, as other countries have outlawed certain types of hunting. Fourteen other states have approved similar provisions, with California and Minnesota passing the measures due to animal rights organizations protesting certain practices.

·        The State House of Representatives voted 61-30 to override the Governor’s veto on a measure that allows licensed carry permit holders to carry firearms into establishments that serve alcohol. It was the second time the legislature has overridden the Governor’s veto on the proposal, and the law took effect immediately on June 4, 2010.

·        Health: The legislature considered and passed legislation this year that calls for the state to acknowledge the birth of a stillborn infant by issuing a birth certificate if the parents request one. The new law will apply to stillborn infants who are 20 weeks or more gestation or 350 grams. The measure passed on the House floor unanimously.

·        Health: House Bill 3301 passed and will enact the “Freedom from Coercion Act.” If a pregnant female is a minor, the attending physician or health care professional must inform the minor that no one can force her to have an abortion and the procedure cannot be done unless she provides her freely given, voluntary and informed consent.

·        Health: House Bill 2681, which aims to keep tax dollars from funding abortions, was passed after a contentious debate by a vote of 70 to 23. The specific language in the legislation states that, “No health care plan required to be established in this state through an exchange pursuant to federal health care reform legislation enacted by the 111^th Congress shall offer coverage for abortion services.”

Republicans said the measure was necessary to clarify this point because tax dollars are sometimes used to indirectly pay for abortions. The final vote was a bi-partisan one, with 19 Democrats joining the Republicans in passing the bill.

·        Small Business: The legislature approved legislation reducing the time in which participants must commit to purchasing coverage through small group health cooperatives from five to three years. The bill amends a law passed by the General Assembly in 2008 to provide more flexibility for small business owners who may choose to form pools of “health insurance cooperatives.” The time reduction still ensures pool stability, while working to attract more interest from small businesses and the insurance industry to participate in the cooperatives.

·        Disaster Relief: In addition to the tax breaks for appliances outlined in the budget, the General Assembly also approved legislation to authorize local governing bodies, by a two-thirds vote, to prorate a homeowner’s or business owner’s property tax assessment when the structure cannot be occupied for more than thirty days as a result of a disaster certified by the Federal Emergency Management Agency (FEMA). The legislation provides tax relief on properties that are not inhabitable during the time it takes to rebuild. Those severely impacted by the May flooding would need to apply for property tax relief prior to September 1, 2010 under the measure.

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GOP victories mark 106^th General Assembly

Result in no-tax budget, significant education reform

With a focus on keeping and growing opportunities for job development in Tennessee, House Republicans worked hard this year to ensure the state continues to foster an environment where new jobs are created and small business can thrive. Most Tennesseans are employed by small business in Tennessee, and Republicans felt that eliminating red tape, staving off tax increases, and shrinking the size of government would help Tennessee rebound from the economic downturn. Republicans fought hard in 2010 to craft a balanced budget that did not raise taxes while focusing on education as a priority. The 106^th General Assembly concluded after both goals were met, passing one of the most fiscally conservative budgets in recent memory and significant education reforms that will benefit Tennessee students. In addition, strides were made in the areas of crime and safety, healthcare policy, and immigration.

Republicans say no-tax balanced budget will get economy back on track

In what many legislative observers believe to be a first, the State House unanimously passed a balanced budget with no new taxes and no tax increases. Republicans held the line all year against Democrat-proposed tax increases and fought for the removal of wasteful expenditures. The hard work paid off, as the final budget was one of the most conservative in recent memory that still protected priorities. In addition, lawmakers left a healthy amount in the state’s reserves accounts, including $429,207,100 in the Rainy Day Fund and TennCare Reserve Fund. The combined total of all reserve accounts will be $615.4 million. The 2010 budget is $29.7 billion after the legislature made approximately $650 million in cuts.

The Governor’s original budget proposal also included over $130 million in tax increases, which House Republican leadership denounced as an irresponsible tactic to balance the budget. Part of the tax increase plan included an $85 million tax on single article sales and an additional $50 million by increasing taxes on cable, long-distance telephone services, and free continental breakfasts that hotels and motels sometimes provide. Lawmakers also reached a consensus on several contentious items such as the Career Ladder program, Agriculture Enhancement Grants, and state employee bonuses.

The state’s Career Ladder Program, approved in 1983 as a form of incentive pay for educators, remained in the final budget and totals $34.5 million. Lawmakers also reached an agreement on state employee bonuses. An original proposal would have given all state employees a bonus of 3 percent, but some Republicans felt that was a bit excessive given other layoffs and economic conditions. The legislature ultimately settled on a more conservative plan that will pay employees an additional $50 per year of service, with a minimum of $150 for employees with at least one year of service (as of October 1, 2010) and a maximum pay out of $1,250 (representing 25 years of service). Teachers will be included in the bonus program.

Federal money still in jeopardy

The budget cautiously allocates federal funding that has not yet been approved by the U.S. Congress, but funds only “contingency items” that are essentially ‘extras’ with these dollars. The state was expecting Congress to have already approved the nearly $340 million in one-time funding, but Congress left on Memorial Day break without acting on the extension, and has still failed to do so. The funds will provide for upgraded radios for state troopers, an unnamed economic development project, the demolition of several dilapidated buildings at the University of Tennessee’s Health Sciences Center, and the Civil Rights Museum. A portion would also be used on a post-flood tourism campaign to demonstrate that “Tennessee is open for business.”

Flood relief

In light of the devastating floods at the beginning of May, lawmakers included flood relief in the budget to the tune of $19.9 million. Flood relief plans were discussed at length during budget negotiations as lawmakers recognize the need for aid. Proposed methods for funding flood relief proposals included using cash from the state's Rainy Day Fund, using a portion of stimulus money, and through various tax relief measures. Ultimately, the legislature settled on a plan that eliminates the state and local sales tax on major appliances, residential building supplies, and residential furniture. To receive a refund from the Department of Revenue, flood victims must have purchased the equipment between May 1, 2010, and September 30, 2010. The total amount that can be received is $2,500 and the claimant must file a single application with the Department of Revenue by November 30, 2010, along with satisfactory proof from FEMA showing damage. The refunds are allocated out of the state’s General Fund.

Technical Corrections

The “technical corrections” bill submitted each year by the Administration has evolved over time from legitimate technical changes in the Tennessee Code Annotated to a tax bill that supplements the state’s General Fund. Republicans have fought for returning the legislation to a true “technical” corrections measure for many years, and this year the GOP was successful. Three months ago, the technical corrections bill was laden with more than $130 million in tax increases to balance the budget. Republicans stripped the taxes from the bill, which also included positive measures of tax relief, flood victim assistance, and economic development measures. The final vote on the legislation was 92-2.

Tennessee successful in federal

“Race to the Top” competition

The legislature successfully reformed K-12 education this year, with an overhaul that included better utilizing existing data, rewarding teachers, and accountability if certain benchmarks are not met. The United States Department of Education recognized the efforts, and Tennessee was rewarded millions of dollars in funds from the federal government’s “Race to the Top” program. Only two of 16 finalists—Tennessee and Delaware—were ultimately selected. The Tennessee General Assembly met for two weeks in early January for an Extraordinary Session to pass the bi-partisan, comprehensive education reform plan.

The main components of the new law include utilizing Tennessee Value-Added Assessment System (TVAAS) data in teacher evaluations, creating a committee to oversee implementation of reforms and develop certain standards, and implementing an Alternative School District in which failing schools will be placed.

Race to the Top, a portion of the American Recovery and Reinvestment Act, provides $4.35 billion in competitive grants designed to encourage and reward states that are moving forward with bold initiatives in four education reform areas:[1]

1. Adopting standards and assessments that prepare students to succeed in college and the workplace and to compete in the global economy.
2. Building data systems that measure student growth and success, and inform teachers and principals about how they can improve instruction.
3. Recruiting, developing, rewarding, and retaining effective teachers and principals, especially where they are needed most.
4. Turning around the lowest-achieving schools.

Tennessee already had one of the most comprehensive data compiling systems in the country, but did not use the data to determine teachers’ success. The key component of the new law is to use the information to improve the quality of education and to ensure that student performance is improving.

Teacher Evaluations

Originally the most controversial part of the plan, proponents hope the utilization of TVAAS data will improve student performance year over year as principals, directors of schools, and boards of education across the state will have a better snapshot of student performance and teacher effectiveness. TVAAS data can now be used for up to 35 percent of a teacher’s evaluation, with another 15 percent of the criteria to be determined in part by an independent committee. This part of the law also requires that the teacher and principal mutually agree with the person(s) performing the evaluation and on the evaluation measures being used. Teacher evaluations will be done once a year and give teacher training programs access to TVAAS data on their students. This method will allow administrators to determine what training programs are working, and which ones are not. Many believe that “unlocking” the TVAAS data will allow principals and school districts to have a true understanding of student performance, and assist teachers in improving their skills.

Achievement School District

Within the reform measures, the legislature created an Achievement School District (ASD) that will be managed by the state. Schools that are deemed “failing” will be moved into the Achievement School District, in an effort to help under-performing schools get back on track. The Commissioner of Education has the authority to move any public school into the newly created Achievement School District if the school is in the fifth year of improvement status, or at any time if a Title I school meets the federal definition of “persistently lowest achieving schools.” The school would remain in the special district until it begins to achieve adequate yearly progress for three consecutive years. At that time, the Commissioner of Education would be required to create and implement a transition plan to return the school to its local school district.

Republicans have, for many years, advocated these types of education reforms on the state level, and were glad to see a step forward being made for Tennessee children and our schools. Another step to better the process, Republicans believe, would be to implement “Education First,” a Republican proposal that would require the legislature to pass an education budget prior to considering other items. This would ensure that Tennessee students come first, much as education was given a high priority this year by working on reforms in January.

STEM

In addition to the K-12 reform legislation, the state plans to enhance its Science, Technology, Engineering, and Math (STEM) program, which will be included in the Race to the Top application.  The state is partnering with Battelle, which manages the Oak Ridge National Laboratory, to provide an extensive network of STEM programs across the state.  This includes building new science labs, adding new technology, and creating new curricula to inspire and create new interest in science and math.  Tennessee students must be proficient in these subject areas to compete in a changing global economy, and having graduates trained science and math is an important factor in helping recruit more business to locate in Tennessee.

Legislature reforms higher education with “Complete College Act of 2010”

For the second half of the Extraordinary Session, the Tennessee General Assembly overhauled higher education, passing the “Complete College Act of 2010” by a vote of 93 - 2. Lawmakers say the plan will increase the number of college graduates, offer easily transferrable credits, and make the community colleges, four-year institutions, and technology centers work as a tightly knit network. In addition, the University of Tennessee at Knoxville will partner with Oak Ridge National Laboratory (ORNL); a move that lawmakers believe will make the state’s university a premier research institution.

Tennessee currently ranks 40^th in the nation in completion of bachelor’s degrees, and 45^th in completion of associate’s degrees. Lawmakers were told that in order to reach the national average, Tennessee would need to graduate another 20,000 graduates annually. Economists predict that Tennesseans could earn $6 billion in additional salaries if the goal is reached, as the pool of workers for “middle management” jobs would be larger—especially for companies that recently relocated here such as Hemlock, Wacker, and Volkswagen.

Transferrable Credits

The reforms passed by the legislature will make it easier for transfers of credit among institutions. In addition, the law provides for further development of a common course numbering system for community colleges that will aide students in transferring the credits, and requires course catalogs at community colleges to clearly define what classes are not transferrable.

One aspect of the overhaul eliminated remedial classes at the state’s four-year institutions, but allows students to dual enroll in a four-year university and a community college to complete the classes if needed. Students can declare they are on a path toward a bachelor’s degree, and still be considered a full-time student at the university if they are enrolled in 12 hours between the two institutions.

Cohesive System

In keeping with the legislature’s goal of directing students to the post-secondary institution that best suits them—a four-year institution, community college, or technical school—the plan created a more cohesive system to be in place by 2011 to give students an easier, more affordable way to finish the degree of their choice. The Tennessee Higher Education Commission is directed to develop coordinated programs and services, so that students can move freely about the system in order to pursue their degree and fulfill their requirements.

Funding

Formerly, the funding for state institutions was based on student enrollment. The reform measure directed the Tennessee Higher Education Commission (THEC) to develop a new funding formula based on outcomes instead. While graduation rates are sure to be a large portion, THEC is also directed to take into account student retention, timely progress toward degree completion, and end of term enrollment when determining the new funding plan.

Research Institutions

Legislators also approved $6.2 million as part of a plan to establish the University of Tennessee at Knoxville as a premier research institution by partnering with Oak Ridge National Lab. The partnership is expected to create nearly 200 new faculty positions among the existing researchers at Oak Ridge. Similarly, the University of Memphis will implement the Memphis Research Consortium, with lead partners the University of Tennessee Health Sciences Center and St. Jude’s Research Hospital. Any four-year institution is now allowed to engage in similar collaborations. Lawmakers believe this will create transformative new research opportunities.

GOP fights to limit impact of federal

healthcare takeover

House Republicans have fought all year to enact legislation to counter the federal health care takeover passed by Congress late last year, believing that expanding government programs is rarely an effective solution to complex issues. Further, Republicans have argued the federal government’s takeover of healthcare will only prove to balloon the cost of healthcare services to the states. The GOP brought forth several proposals to counter the federal government, and the legislature discussed the issue at length, with most Democrats staunchly opposed to Republican efforts.

The two strongest pieces of legislation were stalled this year, one in a House committee, and the other on the House floor. The “Health Freedom Act” was drafted to protect the right of an individual to purchase—and the right of doctors to provide—lawful, private medical services without penalty. The bill would also have required the state Attorney General to take the necessary steps to defend these rights.

The bill, which had been debated at length throughout the committee process, hit a snag in the House Calendar and Rules Committee. The committee is responsible for setting the House floor calendars and scheduling legislation for consideration on the House floor. Democrats attempted to stall the legislation, using parliamentary tactics to hold the legislation in the committee indefinitely. Eventually, the bill was referred back to the Finance, Ways and Means Committee despite having an insignificant price tag and ultimately died there.

The House initially passed House Bill 2622 with a vote of 53-32, after months of wrangling in committee. While similar to the “Health Freedom Act,” this bill simply prohibited the legislature from requiring any person to participate in a health care system or plan. Democrats attempted to attach poison pill amendments and use complicated parliamentary procedures in an effort to kill the bill. Because the House and Senate versions differed, the legislation went to a conference committee. Although every House Republican present voted for the conference committee report, it failed to obtain the fifty constitutional votes for passage and died along party lines with a 44-39 vote in the final midnight hour on the last day of session.

Other states have passed similar legislation, and many are already in the process of filing a lawsuit against the federal government regarding the healthcare overhaul.

Despite setbacks with these two bills, both chambers considered and passed a resolution that expresses opposition to the federal takeover of healthcare with a vote of 66-29 in the House. After nearly two hours of contentious debate, House Joint Resolution 704 won approval, with 15 Democrats joining Republicans in passing the measure.

Legislature reaches agreement on

workers’ compensation law

The legislature worked out a new plan for workers’ compensation insurance, which includes fairness in construction industry bidding, protects general contractors from workers’ compensation claims filed by subcontractors and addresses employee misclassification. Earlier in the year, the General Assembly approved legislation calling for the immediate suspension of a law passed in 2008, due to unintended effects of the act to require sole proprietors and partners engaged in the construction industry to carry workers’ compensation coverage on themselves. Since January, the legislature has been discussing alternative ways to address gaps in coverage for workers in construction companies without harming small business owners.

The new law requires everyone in the construction industry to be covered by workers’ compensation insurance or be specifically exempted. Sole proprietors and partners in the construction industry will have to carry insurance on themselves, but they can obtain an exemption from the requirement. The exemption is limited to certain members of the construction industry including, but not limited to, officers of a corporation, a sole proprietor, members of a limited liability company, or a partner in a limited partnership. In addition, those who request an exemption must be current in paying all taxes. No more than three people on any one commercial job are eligible to claim an exemption.

The measure also substantially increases penalties for employers who fail to comply with the law. The bill set different effective dates for various provisions, phasing in the new law slowly. The final product came after months of discussions between lawmakers, the Department of Commerce and Insurance and various representatives of the construction industry. The bill passed 87-7. 

House votes 65-31 to override veto of menu-labeling measure

A Republican-sponsored bill that prohibited certain local entities from requiring nutritional labeling on menus has now become law. The law was passed last year by both the House and Senate but was then vetoed by the Governor. Both the Senate and the House easily overrode the veto in February. The legislation was filed in 2009 as several states, municipalities and cities began considering laws that mandated chain restaurants put calories and other nutritional information on menus.

Specifically, the law prohibits non-elected bodies from making the decision to require nutritional information on menus, such as a local Board of Health. The law does still allow elected county commissions and city councils to pass such regulation requirements, but Republicans felt the measure was a step in the right direction. The law also specifies that if the federal government passes legislation requiring menu labeling and the federal action specifically authorizes state departments to enforce such action, then the Tennessee Department of Health will be the department that is primarily responsible for the implementation and supervision of the new requirements.

Republicans who argued in favor of the bill say that mandating restaurants to put certain nutritional information on menus places an unnecessary burden on small business restaurant owners in an already struggling economy and creates an atmosphere that is unfriendly to business owners. In addition, if every city enacted something different, large or even medium sized companies would have difficulty in following the laws properly. In a year when the economy has seen sharp downturns, small businesses should not be burdened by overregulation.

Democrats kill Secret Ballot Protection Act

The “Secret Ballot Protection Act,” a measure Republicans hoped would see passage, was killed by Democrats on a straight party line vote this year in the Employee Affairs subcommittee. The proposal defined the denial of secret-ballot elections with regards to unions as an unfair labor practice. It also establishes penalties (class C misdemeanor) and civil remedies for violation.

The bill was a remedy for “card check,” which has been proposed by Democrats in Congress. Card check would require unionization ballots to be public, so that unions could see if a worker voted for or against unionization. Currently, the vote on whether to unionize is a secret ballot, which protects workers from undue harassment by union leaders. The Secret Ballot Protection Act would declare that those votes remain private in order to protect workers.

The Republican sponsor argued that voting is sacred whether it is in the voting booth or the workplace, and that the bill is consistent with the state’s Constitution in guaranteeing ballot secrecy. Ultimately, however, the bill failed along party lines.

Proposals to create “small business advocate” in state government and the improvement of economic efficiency see passage

The Comptroller of the Treasury’s Office will create a “small business advocate” within government to assist small businesses in navigating red tape, due to legislation passed this year. Republicans pushed for the measure, arguing that government often creates a burden on small business owners and entrepreneurs through overregulation. The small business advocate will guide business owners through various processes to apply for licensure, fill out necessary paperwork, and ensure compliance with the law.

In addition, legislation passed this year to increase efficiency in state government departments. The new law encourages departments within state government to take comments and suggestions from both the public and employees on how to improve efficiency and report back to the Tennessee General Assembly with their results.

Crime and safety proposals are priorities

despite economic woes

Republicans were successful this year in securing passage of several bills that aim to decrease crime and keep Tennesseans safe despite budgetary restrictions. The Republican-led ignition interlock program was passed after lengthy discussions in both committee and on the House floor. The new law will require certain DUI offenders to use an ignition interlock system, in which users must ‘blow’ below a certain blood alcohol content (BAC) level to turn on their vehicle. Republicans have carried some form of the legislation for several years, and worked particularly hard this year in securing passage.

Republicans contend that the law is needed to curb the number of repeat drunk drivers on Tennessee roads. Forty-eight other states have some form of ignition interlock, but Tennessee is only the fourteenth to impose mandatory use of the device on first time offenders.

Specifically, the bill requires anyone convicted of a DUI with a blood alcohol content (BAC) level of .15 or higher to use the ignition interlock device (IID).

Sexual offender laws strengthened, texts to 911 call centers examined

The State House unanimously passed legislation this year that prohibits the Board of Medical Examiners from issuing a license to practice medicine in Tennessee to anyone convicted of and registered as a violent sexual offender.

In addition to prohibiting violent sexual offenders from practicing any kind of medicine, the bill also requires the board to hold a hearing regarding any application to practice medicine from a non-violent sexual offender. During the hearing the medical board is directed to consider the extent to which the applicant poses a risk to patients before determining whether or not to grant a medical license.

A bill that adds aggravated rape of a child to the list of offenses for which a juvenile may be transferred from juvenile to adult court also passed this year. The Republican initiative won bi-partisan support in both committee and on the floor, and proponents believe the measure can significantly deter the crime.

Finally, a resolution urging 911 call centers to accept text messages was approved this year. House Joint Resolution 746 was drafted after other states began implementing technology within their 911 call centers to accept text messages. Idaho was the first state to begin accepting the text messages, and say the result has been very positive, especially for those who are hearing impaired. Although the resolution simply urged call centers to accept text messages but did not require them to do so, the legislature discussed the issue at length and may act with definitive legislation in the future.

Republicans work to ensure fair elections

Republicans successfully shepherded legislation through the Tennessee General Assembly that will make it easier for troops stationed overseas to vote. The new law allows election commissioners to email ballots that troops could then print and return by mail. Before passage of the law, election administrators mailed the ballots overseas and did not use electronic means, making it difficult for troops to cast their ballots in time to be counted.

The Republican sponsor said men and women who protect the freedoms of Tennesseans should be able to exercise their most precious freedom—voting—with ease. The sponsor also argued that the need for a change in the law came about because the state discovered many of the ballots were mailed too late, making it difficult for troops in the field to fill out and return them by mail in time to be counted.

The legislation hit a roadblock in the Elections Subcommittee last year, as the bill failed on a party line vote. Republicans were outraged, arguing that the state should do all it can to ensure the votes of our brave men and women serving overseas count. This year, the bill passed on a bi-partisan basis.

The National Conference of State Legislatures (NCSL) and the Pew Research Center for People and Press reported last year that one-third of states did not allow enough time for overseas voters, listing Tennessee as one of 16 states that sent ballots after the date necessary for voters to meet deadlines. Last year, at least seven states enacted legislation to authorize some form of electronic transmission.

Republicans fight illegal immigration with a

myriad of proposals

House Republicans scored two major victories this year on the issue of immigration, after passing the “Protecting English in the Workplace” proposal and a measure that will require jailers to determine immigration status.

“Protecting English in the Workplace” clarifies that employers can require that English be spoken on the job, but does allow for some exceptions such as lunch hours or other designated breaks. The law would protect businesses from frivolous lawsuits that can emerge when private policies are set perfectly within their rights.

The Republican sponsor said requiring English is often a safety precaution. Businesses where employees are continuously handling toxic products or food containers have a need to require English. The sponsor also cited industrial businesses, where signs in English often display critical safety information.

Another proposal that passed will require jailers to determine whether or not their inmates are in the country legally, and set the wheels in motion to have them deported if it is found they are illegal. The legislation was amended several times as some legislators attempted to exempt their individual counties from the requirement and the House and Senate initially passed different versions, forcing the bill into a conference committee. The changes were finally reconciled and the only counties exempted are Davidson and Shelby. The final proposal was approved 84-3 in the House.

After making its way through the Transportation Committee, a proposal that would have required driver’s license exams to be given only in English failed to move out of the House Budget Subcommittee, often referred to as the “black hole.” The Republican sponsor argued that House Bill 262 is needed so that drivers can read road signs and other critical information. Republicans also say drivers need to be able to communicate with police and other emergency personnel in case of an emergency, and vowed to continue fighting for the proposal next year.

House Bill 270 would have required voter registration forms to carry a disclaimer that clarified giving false information to register to vote carried a criminal penalty, and also required that the applicant affirm that they are lawfully in the United States. After passing through the committee system, the House and Senate versions emerged in different forms, and the legislation ultimately died. The legislation is another measure Republicans will continue to work on next year.

Republican-sponsored resolution commends immigration policy, passes House

The House passed House Joint Resolution 1253 in late May commending Arizona for their bold move on immigration policies. Arizona recently passed a law that allows law enforcement officials to require citizenship documentation on any citizen that is detained or arrested. The resolution passed with a 67-27 vote.

The recent immigration policy adopted by Arizona has received national attention. In a poll conducted by MSNBC, NBC, and Telemundo, 61 percent of Americans support Arizona's actions. Lawmakers have defended the law’s importance from both an immigration and economic standpoint. Individual states and municipalities across the country have implemented a slew of illegal immigration laws in the last few years following inaction by the federal government.

To read the resolution in its entirety, please visit http://www.capitol.tn.gov/Bills/106/Bill/HJR1253.pdf.

GOP pushes ethics bill, measure passes House with overwhelming majority

Republicans successfully passed an ethics measure that will require any member of the legislature to forfeit state health insurance benefits if convicted of a felony offense related to their elected office. The law would not apply retroactively or to family members who might be covered.

Republicans have, for several years, filed and supported this legislation despite hitting roadblocks in Democrat-controlled subcommittees. House Bill 2349 was approved by the full House this year with only 4 Democrats voting against it.

The following bills were also considered during the 2010 session of the 106^th General Assembly:

·        Environment and Conservation: A constitutional amendment giving Tennesseans the right to hunt and fish has completed its journey through both the House and Senate and will now appear on the ballot in the form of a referendum in 2010. Before a constitutional amendment is adopted, it must pass one General Assembly by a majority, a subsequent General Assembly by two-thirds, and receive a majority of voters’ approval on a ballot in a gubernatorial election year. SJR 30 was approved by the House with a 90-1 vote.

SJR 30 adds to Article XI, Section 13 of the state’s constitution a new provision which reads: “The citizens of this state shall have the personal right to hunt and fish, subject to reasonable regulations and restrictions prescribed by law. The recognition of this right does not abrogate any private or public property rights, nor does it limit the state's power to regulate commercial activity.”

The House Republican sponsor said the measure is a pre-emptive strike to protect the time-honored traditions, as other countries have outlawed certain types of hunting. Fourteen other states have approved similar provisions, with California and Minnesota passing the measures due to animal rights organizations protesting certain practices.

·        The State House of Representatives voted 61-30 to override the Governor’s veto on a measure that allows licensed carry permit holders to carry firearms into establishments that serve alcohol. It was the second time the legislature has overridden the Governor’s veto on the proposal, and the law took effect immediately on June 4, 2010.

·        Health: The legislature considered and passed legislation this year that calls for the state to acknowledge the birth of a stillborn infant by issuing a birth certificate if the parents request one. The new law will apply to stillborn infants who are 20 weeks or more gestation or 350 grams. The measure passed on the House floor unanimously.

·        Health: House Bill 3301 passed and will enact the “Freedom from Coercion Act.” If a pregnant female is a minor, the attending physician or health care professional must inform the minor that no one can force her to have an abortion and the procedure cannot be done unless she provides her freely given, voluntary and informed consent.

·        Health: House Bill 2681, which aims to keep tax dollars from funding abortions, was passed after a contentious debate by a vote of 70 to 23. The specific language in the legislation states that, “No health care plan required to be established in this state through an exchange pursuant to federal health care reform legislation enacted by the 111^th Congress shall offer coverage for abortion services.”

Republicans said the measure was necessary to clarify this point because tax dollars are sometimes used to indirectly pay for abortions. The final vote was a bi-partisan one, with 19 Democrats joining the Republicans in passing the bill.

·        Small Business: The legislature approved legislation reducing the time in which participants must commit to purchasing coverage through small group health cooperatives from five to three years. The bill amends a law passed by the General Assembly in 2008 to provide more flexibility for small business owners who may choose to form pools of “health insurance cooperatives.” The time reduction still ensures pool stability, while working to attract more interest from small businesses and the insurance industry to participate in the cooperatives.

·        Disaster Relief: In addition to the tax breaks for appliances outlined in the budget, the General Assembly also approved legislation to authorize local governing bodies, by a two-thirds vote, to prorate a homeowner’s or business owner’s property tax assessment when the structure cannot be occupied for more than thirty days as a result of a disaster certified by the Federal Emergency Management Agency (FEMA). The legislation provides tax relief on properties that are not inhabitable during the time it takes to rebuild. Those severely impacted by the May flooding would need to apply for property tax relief prior to September 1, 2010 under the measure.

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January 8, 2010