GOP Victories in 106th General Assembly
· Republicans focused on job development, fostering a business-friendly environment, and cutting government waste
· Focused on crafting a no tax, balanced budget that will get the economy back on track
· Kept priorities intact such as education, jobs, and crime
No-tax balanced budget will get economy back on track
· Started the year with approximately $1 BILLION shortfall
· Balanced budget (unlike Washington, D.C., TN does not run a deficit)
· No new taxes!
· No tax increases!
· Republicans fought off over $130 million in Democrat-proposed tax increases!
· Total budget: $29.7 billion (This is slightly over last year’s budget; however, that is due to the federal money received, not increased spending)
· Cut approximately $650 in wasteful spending
· Fully funded education, key crime initiatives
· Reserves have healthy totals: Rainy Day stands at $429 million; total reserve accts $615.4 million
GOP made education a priority
· Republicans pushed for responsible education reform
· Overhaul includes better utilizing existing data (TVAAS), rewarding teachers, and stringent accountability measures
· Tennessee won the highly competitive “Race to the Top” program through the US Dept of Education
· THREE main components of reform:
1. “Unlocking” TVAAS data for teacher evaluations (our data has been among the best in the nation for years; however, TN couldn’t use it until now)
2. Creation of “Achievement School District” administered by the state Dept of Education for failing schools
3. Focusing on STEM (Science, Technology, Engineering, Math) to build science labs, add new technology to classrooms, and creating new curricula to inspire and create interest in science and math—which will help our students compete in a global economy
Republicans fight Obamacare; send message to Washington
· Republicans filed countless bills this session to combat Obamacare and send a message to Washington
· Legislation countered the federal healthcare takeover passed by Congress on Christmas Even last year
· Most Democrats were staunchly opposed to these Republican efforts
· The “Health Freedom Act” aimed to protect the right of an individual to purchase—and the right of doctors to provide—lawful, private medical services without penalty (Cal and Rules referred it back to FWM after Dems used parliamentary tacits to hold the bill in committee indefinitely)
· HB 2622 would have simply prohibited the legislature from requiring any person to participate in a healthcare system or plan (Last night of session; conference committee report vote was 44-39 but did not receive the constitutional 50 votes to pass)
· Despite those setbacks, HJR 704—which expressed opposition to the federal takeover of healthcare—passed with a vote 66-29
Worker’s Compensation issues worked out
· New law includes fairness in construction industry bidding, protects general contractors from workers’ compensation claims filed by subs, and addresses employee misclassification
· Everyone in the construction industry must be covered by workers’ comp insurance or be specifically exempted
· Sole proprietors and partners in the industry will have to carry insurance on themselves, but they can obtain an exemption from the requirement (along with a few other members of the industry including, but not limited to: officers of a corporation, members of a limited liability company, or a partner in a limited partnership
· Those who request an exemption must be current on all taxes
· No more than three people on any one commercial job may be exempted
· Substantially increases penalties for employers who fail to comply with the law
· Sets different effective dates for the various provisions in order to phase in the changes
Republicans cut through red tape, protect jobs
· A Republican bill that prohibited non-elected bodies from requiring nutritional labeling on menus was vetoed by the Governor late last year, and the legislature easily overrode the veto with a vote of 65-31 in February
o Menu labeling is an unnecessary burden on small business restaurant owners in an already struggling economy
· Republicans created a “small business advocate” in the Office of the Comptroller to help small businesses in navigating the red tape of government
· Legislation was also passed this year to increase efficiency in state government departments by encouraging depts. to take comments and suggestions from both the public and employees on how to improve efficiency—depts will report back to the GA with results
Crime and safety remain priorities despite tight budget
· Ignition interlock is one of the most significant DUI reforms ever passed in TN
o “Ignition Interlock” are systems where users must ‘blow’ below a certain blood alcohol content (BAC) level to turn on their vehicle
o New law requires anyone convicted of a DUI with a BAC level of .15 or higher to use the ignition interlock device
o The bill will curb the number of drunk drivers on TN roads
o Republicans also passed several pieces of sexual offender legislation:
§ Prohibiting the Board of Medical Examiners from issuing a license to practice medicine to anyone convicted of and registered as a violent sexual offender
§ Compliance with the federal “Adam Walsh Act” which links state governments in order to fight sexual predators
§ Adding aggravated rape of a child to the list of offenses for which a juvenile may be transferred to adult court
§ Permiting bureau to digitize sex offender files and provides that a digitized copy of original is same as an original for all purposes, including introduction into evidence in a judicial or administrative proceeding.
§ For years, sex offenders have walked because parents of children who have been abused are reluctant to prosecute the offender and put their child through a trial. Now, the child’s testimony after the alleged abuse may be videotaped by a forensic interviewer and submitted in the trial as evidence thus sparing the child the agony of facing his or her abuser in a court of law.
Illegal immigration proposals move forward
· Republicans scored two major victories this year on the issue of immigration
· “Protecting English in the Workplace” clarifies that employers can require English to be spoken on the job (does allow for some exceptions such lunch hours or other designated breaks
o Law will protect businesses from frivolous lawsuits
o This law is a safety precaution
o Often, employees are handling food products or toxic products and need to understand labels and warning signs
o Industrial businesses often display signs that communicate critical safety info
· Another new law will require jailers to determine whether or not inmates are in the country legally, and set the wheels in motion for deportation if they are found illegal (Davidson and Shelby Counties are exempted)
· Passed resolution commending Arizona for their bold move on immigration policies (AZ new law allows law enforcement officials to require citizenship documentation on any citizen that is detained or arrested)
VARIOUS
· Ethics: 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.
· 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 111th 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.