Thursday, April 22, 2010

This week's Capitol Hill Review

Read my legislative update, Capitol Hill Review, by visiting my website at www.debramaggart.com or clicking the link below.

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You can sign up for these updates by emailing me at rep.debra.maggart@capitol.tn.gov

Sunday, April 11, 2010

PHYSICIAN NOTIFICATION LEGISLATION

PHYSICIAN NOTIFICATION LEGISLATION
TO BE HEARD BY HOUSE HEALTH COMMITTEE

NASHVILLE, Tenn. – The Tennessee Medication Therapy Monitoring and Management Act (HB 2655) will be heard in the House Health Committee on Tuesday, April 13, 2010.

The bill, which is sponsored by Rep. Debra Maggart (R-Hendersonville), would establish a process by which doctors can request notification from a pharmacy for any changes to their patients’ prescriptions.

“The intent of House Bill 2655 is simple,” said Maggart. “Its sole purpose is to increase communication between the pharmacist, doctor and patient on drugs that require close monitoring. My co-sponsor, Sen. Diane Black, and Rep. Shepard and I have spent the past year listening to the concerns of patients who take these so-called critical dose drugs. All they ask is that their physician to be notified if their medication must change”

Notification is a tool that doctors may use to manage and monitor their patients’ critical dose therapy. Critical dose drugs are those in which a small difference in dose concentration can lead to serious consequences. Examples of such drugs include blood thinners, thyroid medications, Lithium, and anti-rejection drugs for organ transplants.

The act will not inhibit a pharmacist’s ability to substitute one drug for another. Nor will it cause a delay in getting medication to the patient. In fact, the notification to the prescribing doctor can be made after the prescription has been filled. Doctors can choose whether to be notified at the time they write the prescription.

“Consumers are craving more control of and more involvement in their health care,” Maggart said. “This legislation is an easy way to give them that control by enhancing the relationship between patient, doctor and pharmacist.”

Rep. Maggart invites anyone who is interested in the legislation to contact her at (615) 741-3893, or via e-mail at rep.debra.maagart@capitol.tn.gov.

The Senate General Welfare, Health & Human Resources Committee passed the companion bill (SB 2639), sponsored by Sen. Diane Black, on March 10.

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Bill banning sexual predators from practicing medicine passes unanimously

Dear Friends:

This past Monday evening, the House unanimously passed legislation I sponsored 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. The bill sponsored by Sen. Black passed the Senate unanimously in late March. Sen. Black & I continue to work together to make Tennessee a safe place for our children from sexual predators.

Thank you for the opportunity to serve you in the State House. Below you will find my legislative update. Please let me know if you have any questions or need any additional information.

Sincerely,

Debra

The Tennessee General Assembly
House of Representatives
CAPITOL HILL REVIEW
A weekly wrap-up of legislative news
April 5th – April 8th, 2010

Bill banning sexual predators from practicing medicine passes unanimously

On Monday evening, the House unanimously passed legislation sponsored by Rep. Debra Maggart 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. The bill sponsored by Sen. Diane Black passed the Senate unanimously in late March.

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 has to consider the extent to which the applicant poses a risk to patients before determining whether or not to grant a medical license.

Bill to ensure fiscal accuracy passes House

This week legislators passed a measure requiring the audit of fiscal notes after the end of each legislative session in an effort to help ensure their accuracy. Fiscal notes are official estimates given to the cost associated with each proposed piece of legislation. The audits will compare the estimated cost of the legislation as stated by the official fiscal note to the actual cost of implementing the law change by its affected agency or department. Having already passed the Senate, the bill is now on its way to the Governor.

Fiscal notes are written by the Legislative Fiscal Review Committee, and are often the subject of debate and can impact the outcome of legislation due to the estimated cost. Any piece of legislation with a fiscal note that indicates even $1 of cost must go through the Budget Subcommittee and Finance Committees, an added step to the legislative process. The Fiscal Review Committee bases fiscal notes on cost estimates given to them by the affected governmental agency or department.
Republican leaders ask Bredesen to reconsider state employee bonuses

House Republican leaders sent a letter to Governor Bredesen this week asking him to reconsider the state employee bonus plan in the current proposed budget. The leaders said members are concerned about handing out bonuses to all state employees, while laying off others. In addition, they stated they felt it was inappropriate that many state employees at the top of the pay scale stand to receive $4,000 to $5,000 bonuses as lawmakers struggle to find ways to balance the budget.

The Governor proposed an across the board three percent bonus for all state employees including those top executive cabinet members who make $130,000 to $180,000. The estimated cost to the state for the bonuses is $164 million. In a year where lawmakers are watching every penny, Republican leaders question whether or not bonuses are appropriate.

The letter went on to say, “We recognize that state employees play a critical role in the day to day operation of this state, however, we question whether $164 million in three percent employee bonuses are appropriate in a year when so many cuts and reductions in state departments and programs are necessary.”

The letter was sent to the Governor’s office Thursday afternoon, as lawmakers wait for the Governor’s supplemental budget amendment which is scheduled to be released on April 15th.

Committee discusses eminent domain proposal

Legislation that would strengthen the state’s eminent domain laws was discussed at length in the House Judiciary Committee this week. House Bill 3338 would entitle property owners to recoup certain costs incurred in contesting eminent domain action from the condemning authority. The bill was amended to allow for non-binding arbitration to reduce time and cost for small businesses.

The Republican sponsor of the bill argued that abusive practices are not currently discouraged. If the bill is successful, it would give property owners a better opportunity to defend themselves. The meeting was adjourned before a vote was taken on the legislation, which is scheduled again for next Wednesday.



Race to the Top allocations to
school systems announced

The Tennessee Department of Education released tentative totals this week as to how much money each school system in the state can expect as a result of winning the “Race to the Top” program. State officials said the numbers are tentative, as they will be traveling to Washington soon to finalize the details regarding the specific dollar amount the state will receive.

The state is set to receive approximately $500 million. About $250 million of that will be divided between school systems across the state. Each individual school system must decide what the money will be used for, although the program does have certain restrictions. Funds cannot be used for facilities, capital projects, buses, or raises. To find out how much the school system in your community will tentatively receive, contact your state representative’s office.

Tennessee ‘middle of the pack’ in census returns

The United States Census Bureau reported this week that Tennessee’s participation rate is estimated at roughly 64 percent, putting the state in the middle of the pack in regards to return rates. Because federal funding for money returning to Tennessee is based upon the population as counted by the census, it is important that all Tennesseans respond.

Some areas with low return rates will see additional census forms mailed to their homes after research showed re-sending forms could increase the response rate by 7 to 10 percent. The U.S. Census Bureau said if people filled out and returned a form but receive another, they should destroy the duplicate.






The Week Ahead

HOUSE SESSION: 4:00 p.m. Monday, April 12, 2010 in the House Chambers
HOUSE SESSION: 2:00 p.m. Wednesday, April 14, 2010 in the House Chambers
HOUSE SESSION: 9:00 a.m. Thursday, April 15, 2010 in the House Chambers

Tuesday, April 13
Committee Room Time
Calendar and Rules Legislative Plaza 16 8:00 A.M.
Commerce Legislative Plaza 16 9:15 A.M.
Agriculture Legislative Plaza 29 9:15 A.M.
Health and Human Resources Legislative Plaza 16 10:30 A.M.
Children and Family Affairs Legislative Plaza 31 12:00 P.M.
State and Local Government Legislative Plaza 16 12:00 P.M.
Finance, Ways, and Means Legislative Plaza 16 2:00 P.M.
Conservation Legislative Plaza 29 2:00 P.M.
Transportation Legislative Plaza 16 3:30 P.M.
Civil Practice Legislative Plaza 31 3:30 P.M.
Judiciary Legislative Plaza 31 3:30 P.M.


Wednesday, April 14
Committee Room Time
Calendar and Rules Legislative Plaza 16 8:00 A.M.
Consumer and Employee Affairs Legislative Plaza 29 8:30 A.M.
Government Operations Legislative Plaza 30 10:00 A.M.
Industrial Impact Legislative Plaza 31 10:00 A.M.
Education Legislative Plaza 16 11:00 A.M.
Budget Sub. Legislative Plaza 29 11:00 A.M.

Friday, April 9, 2010

Guest editorial: Safety outweighs right to privacy
By State Reps. Debra Maggart and Henry Fincher • April 7, 2010


Crimes against children are despicable and evoke our strongest emotions. All decent people want to protect and help our children grow up safe and happy. Likewise, when our children make mistakes, we want them to learn a lesson and not repeat that mistake.


Juvenile crime brings desires into conflict. Violent juvenile sexual offenders are the subject of a legislative debate right now, and this issue evokes strong and passionate emotions from both sides.
Adult sexual offenders are put on a public registry and are subject to strict limitations on where they can live and how they must conduct themselves in our society. Certain violent sex offenders cannot work around schools, day care centers, parks and other public areas. These laws help protect our children from being victimized.

Right now, juvenile sex offenders are treated very differently, regardless of their crimes. Rapists, child molesters and sexual predators are not subject to public registration requirements as juveniles.

We want to fix that. Our bill puts the worst juvenile offenders on the Tennessee Sex Offender Registry.

We believe that the public has the right to know when a rapist or a sexual predator lives in their neighborhood. As parents, we do not care if a sex offender living nearby is 15 or 51; we want to know about it so we can take the appropriate precautions to protect our families.

Our bill puts the most violent juvenile sex offenders ages 14 and up on the public registry. The offender has to receive a juvenile conviction for one of the most egregious sex crimes in our laws — rape of a child, aggravated rape of a child, rape and aggravated sexual battery with a weapon. These convictions are called "adjudications" and only happen after a full trial is held before a juvenile judge who finds that the offender committed these crimes beyond a reasonable doubt, or after the offender pleads guilty.
The offenders are then evaluated by a team of child mental health experts who rate their likelihood of re-offending. If they are deemed a "high risk" of re-offending, they would go on the registry. These offenders would continue to receive treatment while in custody. More than 32 states place juveniles on a sex offender registry.


Tennessee Code Section 37-1-153 makes a juvenile's serious crimes public record. But common sense dictates that the public should have a convenient and accessible way to see them.


Some well-intentioned people claim that by posting these rapists' pictures and names on the Internet, we are stigmatizing them. Some argue that the registry does not deter crime. That is not its intent. Tennessee law states, "It is a compelling and necessary public interest that the public have information concerning persons convicted of sexual offenses to allow members of the public to adequately protect themselves and their children from these persons." Further, there is evidence that Tennesseans do just that: The Tennessee Bureau of Investigation reports that the Tennessee registry receives over 10,000 visits per day.

While these concerns are worthy of consideration in some offenders, the public's right to know where these violent predators live outweighs their right to privacy. If we can save one child from being victimized by a violent sexual predator by making the public aware and vigilant, this law will have served its purpose.

State Rep. Debra Maggart is a Republican from Hendersonville. State Rep. Henry Fincher is a Democrat from Cookeville.

Sunday, April 4, 2010

Alleluia! Happy Easter!

Dear Friends:

Freedom's calling, chains are falling,
Hope is dawning bright and true.
Day is breaking, night is quaking,
God is making all things new!

Happy Easter! I hope you enjoy this glorious day with your family and friends.

Alleluia!

~Debra





The Tennessee General Assembly

House of Representatives
CAPITOL HILL REVIEW
A weekly wrap-up of legislative news
March 29th – April 1st, 2010


Tennessee Health Freedom Act, constitutional amendment move forward
Measures take aim at ‘heavy-handed’ regulation by federal government

The House Industrial Impact Subcommittee passed the ‘Tennessee Health Freedom Act’ this week, which is aimed at protecting the right of an individual to purchase—and the right of doctors to provide—lawful medical services without penalty. The bill would also require the state Attorney General to take the necessary steps to defend these rights.

House Bill 3433 was presented as a crowd lined the aisles and the hallway outside of the committee room in support of the bill. The measure is just one of many that Republicans hope will protect individuals from an increasingly heavy-handed federal government. 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.

Concerned that expanding government programs are rarely effective solutions to efficient complex issues, Republicans have argued the federal government takeover of healthcare will only prove to balloon the cost of healthcare services to the states. Having passed the subcommittee, the bill will be presented to the full House Commerce Committee next Tuesday morning.

Another measure that achieved passage by the Industrial Impact Subcommittee Wednesday would put into Tennessee’s Constitution language that prohibits laws that would compel a person, employer, or healthcare provider to participate in any healthcare system. Similar to the bill in context, House Joint Resolution 745 has now cleared one hurdle, but faces Tennessee’s lengthy constitutional amendment approval process, which can take up to four years.

A constitutional amendment must be approved by one General Assembly by a majority, and a subsequent General Assembly by a two-thirds vote. Following its passage by the legislature, the amendment goes on the ballot in the next gubernatorial election, and must receive approval from a majority of those voting in the gubernatorial race.

The House Commerce Committee also approved two measures this week that Republicans hope will send Washington a message. House Bill 2681 would prohibit using tax dollars for abortions. The legislature’s Fiscal Review Office has said the bill does not put the state in jeopardy of losing any federal funds, and the sponsor impressed upon the committee the need to be proactive. Due to its passage out of Commerce this week, the bill could be scheduled for a floor vote as early as next week.

Finally, the House Commerce Committee also approved a resolution that expresses opposition to the government takeover of healthcare, and the creation of a public option healthcare plan. House Joint Resolution 704 will be heard in the House Calendar and Rules Committee which will schedule the resolution for a floor vote should it pass.

Tennessee awarded millions in
“Race to the Top” funds

The United States Department of Education announced Monday that Tennessee has been chosen to receive millions of dollars from the federal government’s “Race to the Top” program. Only two of 16 finalists—Tennessee and Delaware—were ultimately selected. Tennessee hoped to receive $500 million, and early reports indicate the state stands to receive approximately that amount. The Tennessee General Assembly met for two weeks in early January for an Extraordinary Session to pass a bi-partisan, comprehensive education reform plan.

Lawmakers stood together Monday and praised the efforts of everyone involved who had worked together toward true education reform. Tennessee presented their plan to a panel of independent evaluators in Washington, D.C., who reportedly were impressed by the strong accountability measures in Tennessee’s proposal.

The “Race to the Top” competition is designed to reward states that are leading the way in comprehensive, coherent, statewide education reform across four areas:
Adopting standards and assessments that prepare students to succeed in college and the workplace;
Building data systems that measure student growth and success, and informing teachers and principles how to improve instruction;
Recruiting, developing, rewarding, and retaining effective teachers and principles, especially where they are needed most; and
Turning around their lowest-performing schools.

Ultimately, Tennessee prevailed over 40 states and the District of Columbia who submitted applications for the first phase of grants. Tennessee and Delaware were selected from among 16 finalists who presented their proposals earlier this month.

Republicans fight for English Only, English in the Workplace bills
Finance Committee approves ‘citizenship to vote’ legislation

The Transportation Committee approved the “English Only” legislation this week, which would require driver’s license exams to be given only in English. 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.

In the same vein, the House Finance, Ways and Means Committee approved House Bill 270, which would require voter registration forms to carry a disclaimer that clarifies giving false information to register to vote carries a criminal penalty, and also requires that the applicant affirm that they are lawfully in the United States. The bill will now move the House Calendar and Rules Committee.

House Republicans also scored a majority victory on Wednesday, after passing House Bill 2685. The “Protecting English in the Workplace” proposal experienced no resistance on the House floor and passed by an overwhelming majority.

The legislation 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 bill 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.

For many years, all three bills have faced resistance by Democrat-controlled subcommittees, but due to a Republican majority in the House and Senate, the legislation has been successful thus far this year.


Tennessee celebrates ‘Tax Freedom Day’

Tennessee celebrated ‘Tax Freedom Day’ on April 1st this year, which according to the Washington, D.C.-based Tax Foundation, Tax Freedom Day answers the basic question, “What price is the nation paying for government?” Based on their calculations, Tennesseans worked for 91 days before they earned enough money to pay this year’s federal and state tax obligations. In addition, Tax Foundation reports that Americans will pay more taxes in 2010 than they will spend on food, clothing and shelter combined.

In case you missed it…

House Bill 3576 places restrictions on the amount of reimbursement legislators can receive for in-state flights. Currently, legislators have the option of flying or driving from their respective districts to Nashville to serve in the legislature. This legislation would limit the reimbursement to simply mileage or the cost of the airline ticket, whichever is less. The bill passed out of the House State Government Subcommittee and will next be heard in the full State and Local Government Committee.

A bill that would create a “small business advocate” within the state Comptroller’s office passed out of the House Commerce Committee this week. House Bill 2885 will next be heard in the House Budget Subcommittee.

House Bill 3301 passed on the House floor this week, and would 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. The legislation has already passed the Senate.

The Week Ahead

HOUSE SESSION: 4:00 p.m. Monday, April 5, 2010 in the House Chambers
HOUSE SESSION: 2:00 p.m. Wednesday, April 7, 2010 in the House Chambers
HOUSE SESSION: 9:00 a.m. Thursday, April 8, 2010 in the House Chambers

Tuesday, April 6
CommitteeRoomTime
Calendar and RulesLegislative Plaza 168:00 A.M.
Professional OccupationsLegislative Plaza 318:30 A.M.
CommerceLegislative Plaza 169:15 A.M.
AgricultureLegislative Plaza 299:15 A.M.
Health and Human ResourcesLegislative Plaza 1610:30 A.M.
Children and Family AffairsLegislative Plaza 3112:00 P.M.
State and Local GovernmentLegislative Plaza 1612:00 P.M.
Finance, Ways, and MeansLegislative Plaza 162:00 P.M.
ConservationLegislative Plaza 292:00 P.M.
State Sub.Legislative Plaza 302:00 P.M.
TransportationLegislative Plaza 163:30 P.M.
JudiciaryLegislative Plaza 313:30 P.M.
Public SafetyLegislative Plaza 164:00 P.M.


Wednesday, April 7
CommitteeRoomTime
Calendar and RulesLegislative Plaza 168:00 A.M.
Consumer and Employee AffairsLegislative Plaza 298:30 A.M.
Local Sub.Legislative Plaza 318:30 A.M.
Small BusinessLegislative Plaza 309:15 A.M.
Government OperationsLegislative Plaza 3010:00 A.M.
Industrial ImpactLegislative Plaza 3110:00 A.M.
K-12Legislative Plaza 1610:00 A.M.
EducationLegislative Plaza 1611:00 A.M.
Budget Sub.Legislative Plaza 2911:00 A.M.
CriminalLegislative Plaza 3111:00 A.M.
CivilLegislative Plaza 3112:30 P.M.
Employee AffairsLegislative Plaza 292:00 P.M.