State Representatives ask State Attorney General to intervene in federal healthcare legislation

Today Rep. Susan Lynn and I asked our state Attorney General to prepare to block the federal healthcare reform bill now pending in Congress. Below is the letter and the news release.



If this bill passes, our state will be forced to expand Medicaid by $1.4 BILLION dollars annually. As it stands today, the legislation is not written so that every state in the Union receives equal protection under the law. As you are probably aware, a U.S. Senator from Nebraska was able to get any future increases in his state's Medicaid program paid for in the current bill. That means people like you and me and all Tennesseans will be footing the bill for the people of Nebraska.









State Representatives ask State Attorney General to intervene in federal healthcare legislation


On Monday, State Representatives Susan Lynn (R-Lebanon) and Debra Young Maggart (R-Hendersonville) asked Tennessee State Attorney General Robert Cooper to prepare to take the appropriate legal action against the federal government in the event HR 3200, the controversial federal healthcare reform legislation, passes into law. The legislators requested this action in order to grant Tennessee relief from the unfunded mandate contained in the bill that Tennessee complies with the expansion of the federal Medicaid program.


The letter notes that under the bill Tennessee would be forced to expand the state’s Medicaid program potentially costing the citizens of the state $1.4 billion dollars in additional state taxpayer funds annually.


“Such an increase would place a great burden on the citizens of this state. It is clear by the wording of the legislation itself that not every state would face a similar and equal burden,” stated Rep. Debra Maggart.


Lynn explained that, “We see this as a violation of equal protection of the law, an affront to our sovereignty, and as a breach of the U.S. Constitution.”


Lynn and Maggart noted that the passage of this bill is imminent so it is important that the AG prepare now to take immediate action, and they referenced Governor Bredesen’s recent comment that “we can’t print money.” The great issue for the states is that states are not allowed to borrow money for operations expenses. “Obviously, this is something that many in Washington just don’t understand,” stated Lynn.








Attorney General Robert E. Cooper, Jr.

P.O. Box 20207

Nashville, TN 37202-0207




Dear General Cooper,




This letter is to formally request that you prepare to take the appropriate legal action against the federal government in the event HR 3200 passes into law. We request this action in order to grant Tennessee relief from the unfunded mandate contained in the bill requiring Tennessee to comply with the expansion of the federal Medicaid program.




Under this bill, Tennessee would be forced to expand our Medicaid program, potentially costing the citizens of this state $1.4 billion dollars in additional state taxpayer funds annually. Such an increase would place a great burden on the citizens of this state. It is clear by the wording of the legislation itself that not every state would face a similar and equal burden.




We see this as a violation of equal protection of the law, an affront to our sovereignty, and a breach of the U.S. Constitution.





The passage of this bill is imminent, and as Governor Bredesen has noted, "We can't print money." This bill would expand the program beyond the fiscal capacity of this state.




Thank you for your timely attention of this matter.




Most sincerely,




Susan Lynn

State Representative

District 57




Debra Young Maggart

State Representative

District 45

State’s Infant Mortality Rate is Devastating

State’s Infant Mortality Rate is Devastating

By State Representative Debra Maggart

The National Center for Health Statistics, an arm of the Centers for Disease Control and Prevention, ranks the United States 30th in terms of infant mortality.
While that number may sound dismal, Tennessee’s numbers are even worse. Our state is ranked 47th in the country, putting us well above the national average. In fact, Tennessee has a higher infant mortality rate than 42 other countries around the world. These statistics are devastating, but your Tennessee General Assembly has been working to change those numbers.

In the 2009 Legislative session, the Tennessee General Assembly created an Infant Mortality and Teen Pregnancy Study Committee. Last spring I was appointed to serve on that committee and was honored to be named chairman. We have been working toward solutions to improve Tennessee’s numbers. State government can play a significant role in reducing infant mortality and lowering teen birth rates, and we intend to propose meaningful legislation to that end.

Specifically, our committee is focused on four main issues: reducing the rate of infant mortality, lowering the number of pre-mature infants, diminishing the rate of teen pregnancy and decreasing the number of infants born with low birth weight. While the national averages in these fields have steadily decreased over the last few decades, Tennessee has watched its rates fluctuate, sometimes hitting unprecedented highs. For the last three years, the rate in Tennessee has decreased from about 8.75 to 8.2 percent, but the national average hovers around 6.5 percent, indicating Tennessee still has a long way to go.

What are some of the causes of the devastating data? The Tennessee Department of Health estimates that in 15 counties, between 33.6 and 46.2 percent of women smoked during their pregnancy. Obesity is also a contributing factor. The CDC estimates that more than 30 percent of Tennesseans are obese- a number that correlates with the number of premature infants born. Poor utilization of prenatal care and preventative care, coupled with personal choices and poor habits also contribute significantly.

Lest you think I am only the bearer of doom and gloom, there are bright spots. Tennessee is one of 32 states that have implemented a home visiting program- through legislation sponsored by our own Sen. Diane Black aimed at supporting families during the critical time prior to pregnancy and through early childhood development. Trial research has shown positive results for these programs. For example, a study conducted by Healthy Families America, a national program, showed those who participated in home visiting programs had better birth outcomes and a positive impact on breastfeeding and early immunization rates. These types of programs connect with families and have a uniform tracking method for results are solution-oriented, and could be sound long term investments in the future of Tennessee.

This issue is not about Republican versus Democrat. To rectify this, it will take all of us working together-increasing awareness regarding the availability of prenatal care, increasing the number of women utilizing other programs and educating young Tennesseans on their options. Our committee is focused and ready to make a difference, and I look forward to updating you on our progress.

Help me Maintain our Majority in the State House!

You don't have to shoot skeet to attend my "On Target to Win in 2010" Fundraiser.

I hope you will attend my re-election fundraiser, Sunday, November 8th at 1 pm at Bottomview Farm in Portland, Tennessee.

I am raising funds for my 2010 campaign and I need your help. Its $50 a person and you will meet our GOP Candidates for Governor, as well as State Representatives and Senators from all over Tennessee. Also, our GOP candidates for Sumner County offices will be there, too.

Come out for a fun afternoon of GOP politics, and fellowship! Go to my website at www.debramaggart.com for all the details and information!

I hope you can attend my"On Target to Win in 2010"1st Annual Sporting Clay Fun Shoot Sunday, November 8, 2009 We're going to have a BLAST!!

If you're not a shooter, you can still participate! There will be music and fun for the family, BBQ, Kids Games (children under 12 are free!) and a gun safety presentation for the Kids.

This is a fundraiser for my re-election campaign and I appreciate your support and your friendship.

Lt. Governor Ron Ramsey and Congressman Zach Wamp have confirmed their attendance and they are bringing teams. Mayor Bill Haslam and Attorney General Gibbons have been invited but have not yet confirmed.

Host: $250 (One Person May Shoot)

Team Registration: 3 Man Team: $350

Individual shooter: $125Individual

(not shooting): $50

REGISTER ONLINE ordownload paper form and details

Lady First Shooters: Take a shot at learning to shoot skeet with a certified instructor!

Registration will begin at 12:30 pm

Shooting will begin at 1:00 pm Rain or Shine!(Only Captains need to check in for their Team)

Payment may be made via check, credit card or Pay Pal (maggartforstaterep@gmail.com)

Note: Captain is responsible for collection and remittance of team member payments.

REGISTER ONLINE ordownload paper form and details

Location & Directions:

Bottom View Farm 185 Wilkerson Lane * Portland, Tennessee 37148

From Nashville: I65N; Exit 112-Turn Right; 4 Miles to Left on Hwy 76; 4.4 Miles to Left on Wilkerson Lane; to .5 Miles to 185 Wilkerson Lane on the Left.

Please call or email Lori D. Atchley if you have any questions.406-7221 mailto:loriatchley@bellsouth.net?subject=

Seniors offered help in choosing long-term care | tennessean.com | The Tennessean

Senator Black and I are hosting a Long Term Care forum Monday, October 5, from 5:30 until 6:30 pm at the Hendersonville Library. We will have representatives from the Department of Commerce and Insurance to answer questions about options seniors have regarding long term care insurance.

Sen. Black and I both serve on the Joint Committee on Long Term Care in the Tennessee General Assembly. Together we sponsored and passed legislation in 2008 that provided a pilot program right here in Sumner county to provide options for our seniors to stay at home and receive the care they need and deserve.

I hope you will join us Monday evening.

Seniors offered help in choosing long-term care tennessean.com The Tennessean

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Rep. Debra Maggart co-sponsors "Health Care Choice Act"

Representative Debra Maggart co-sponsors
“Health Care Choice Act”

September 22, 2009, NASHVILLE - Representative Debra Maggart announced today that she is co-sponsoring the "Health Care Choice Act" in an effort to lower health insurance costs and provide choice to Tennesseans. The legislation would allow Tennesseans to purchase health insurance plans from companies in other states, a practice that is currently prohibited.

"My constituents are disappointed and frustrated with Washington's current discussions on healthcare reform. I feel compelled to examine and offer a more efficient and rational solution. I am proud to join my House colleagues in this alternative endeavor," said Representative Maggart.

The Health Care Choice Act will expand the number of health care plans available for purchase from 127 in Tennessee to potentially more than 5,000 plans nationwide1.

"The goal is to lower costs by offering more choices," continued Maggart. "With this legislation, Tennesseans will have more access to affordable health care insurance."

At least 5 other states have introduced similar legislation, including New Jersey, Colorado, West Virginia, Pennsylvania, and Washington. A bill introduced on the federal level aims to allow states to enter into an interstate compact to sell health insurance over state lines. The Washington Post recently reported that Tennessee’s own Senator Bob Corker is pursuing legislation on the federal level to allow a new insurance exchange, allowing companies to compete across state lines nationwide.

Representative Maggart added, "Americans want and deserve health care reform but not the government-run health care that is being discussed in Washington. This legislation is health care reform at the state level that will lower heath insurance costs and provide more choices to Tennesseans.”

"It's time for state legislatures to weigh in on this national debate and take a stand against government-run health care," said Rep. Maggart. "I look forward to having this discussion with my colleagues, so that we can work together to make health insurance more affordable for more Tennesseans," she concluded.
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1According to eHealthInsurance.com

The Not Ready for Prime Time President

The Not Ready for Prime Time President

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Interesting article this morning from Real Clear Politics by Bruce Walker. He compares our current President's ability to govern or lack there of to the abilities of Clinton, Reagan, JFK and FDR.

The Little Orange Card

I just found a NRA orange card in my mailbox. For those of you who are members are the NRA, you have received one before. The NRA uses the orange card to endorse pro-Second Amendment candidates for legislative races, etc. In politics, this little orange card is quite a coveted endorsement and mail piece.

The little orange card copy is asking me to attend the Gallatin City Council meeting next Tuesday to "protect my right to self-defense in local parks" because the city council is "attempting to opt out of the new park carry law!"

Wow-I wonder why the NRA didn't send these out last week when the city of Hendersonville voted to opt out of the park carry law?

It will be interesting to see if the little orange card turns out the law abiding pro-Second amendment citizens next week.

Zogby/O'Leary Poll Reveals Majority of Voters Will Oppose Senators Who Vote to Confirm an Anti-Second Amendment Supreme Court Nominee

Strong Majority of Independents, Democrats and Obama Voters Support the Right to Carry a Firearm

Washington, D.C. (Vocus/PRWEB ) August 4, 2009 -- Next week the full U.S. Senate will vote on whether or not to confirm President Barack Obama's Supreme Court nominee, Sonia Sotomayor. Many analysts are predicting a mostly party-line vote, however, a recent poll conducted by Zogby International and The O'Leary Report may give Senators from both parties some pause. (The poll was conducted July 21-24, surveyed 4,470 voters, and has a margin-of-error of plus-or-minus 1.5 percentage points.).

Would you support or oppose a U.S. Senator who voted to confirm a Justice to the U.S. Supreme Court who does not believe in the right to keep and bear arms and the right to self-defense?

Currently, 39 states have laws that allow residents to carry firearms to protect themselves, only if they pass a background check and pay a fee to cover administrative costs. Most of those states also require applicants to have firearms safety training. Do you support or oppose this law?

Judge Sonia Sotomayor

Judge Sotomayor does not believe the Second Amendment right to "keep and bear arms" and the right to self-defense are fundamental rights of all Americans. Specifically, Judge Sotomayor believes the Second Amendment only applies to the federal government and does not apply to the States, as indicated by her recent testimony and past rulings.

Zogby/O'Leary asked voters:
"Would you support or oppose a U.S. Senator who voted to confirm a Justice to the U.S. Supreme Court who does not believe in the right to keep and bear arms and the right to self-defense?"

Fifty-two percent of American voters would oppose the re-election of any Senator who votes to confirm a Supreme Court nominee who does not believe in the right to keep and bear arms. Only 26 percent of voters would support such a Senator.
Among Independent voters, 57 percent would oppose such a Senator, and only 17 percent would support. Forty-nine percent of young voters (age 18-29) would oppose a Senator who votes to confirm a nominee who does not believe Second Amendment rights apply to all Americans, and just 31 percent would support such a Senator. A plurality of Hispanic voters (42 percent) would oppose such a Senator, and only 28 percent would support. A large percentage of Hispanics (30 percent) are not sure. A majority of union members (54 percent) would also oppose, and 29 percent would support.

The Right to Carry a Firearm

An amendment that would have permitted law-abiding gun owners with concealed-carry permits to carry their firearms across state lines recently fell short in the Senate. Although the amendment received a majority of votes (58-39), a filibuster-proof 60 votes were required for passage.

Zogby/O'Leary asked voters:

"Currently, 39 states have laws that allow residents to carry firearms to protect themselves, only if they pass a background check and pay a fee to cover administrative costs. Most of those states also require applicants to have firearms safety training. Do you support or oppose this law?"
An overwhelming majority of Americans (83 percent) support concealed-carry laws, while only 11 percent oppose them. A majority of Independent voters (86 percent), Democrats (80 percent), young voters age 18-29 (83 percent), Hispanic voters (80 percent), and those who voted for President Obama (80 percent) support the right to carry a firearm.

Brad O'Leary is publisher of "The O'Leary Report," a bestselling author, and is a former NBC Westwood One talk show host. His latest bestseller, "Shut Up, America! The End of Free Speech," (http://www.endoffreespeech.com/) is available now in bookstores. To see more poll results, go to http://www.olearyreport.com/. To interview Brad, contact Shawna Shriner at (703) 272-1500 or shawnashriner(at)pm-direct(dot)com.

Representative Debra Maggart announces upcoming
sales tax holiday

(July 23, 2009, NASHVILLE) – Representative Debra Maggart (R-Hendersonville) announced today that the annual sales tax holiday is approaching. The holiday will occur Friday, August 7 – Sunday, August 9, 2009.

“The people of this state deserve a break,” said Rep. Maggart. “I would encourage everyone to take advantage of this tax holiday. Citizens work hard and pay taxes all year, and this is a reward for that hard work.”

She went on, “We have all felt the economic strain over the past few months and this is a simple solution to help ease the financial burden we have been facing,” she said.

During this designated three-day weekend, consumers may purchase items such as clothing, school and art supplies, as well as computers under $1,500 without paying Tennessee’s state and local sales tax on the items. Additionally, items may qualify that are sold via mail, telephone, e-mail or internet if the order is paid for and processed during the exemption period.

“As a new school year approaches, this is a great time for families to stock up on school essentials for students. It is an excellent money-saving opportunity,” added Rep. Maggart.

The Department of Revenue provides detailed information online for retailers and consumers at www.tntaxholiday.com. On this website, retailers and consumers can access numerous materials created for the sales tax holiday, including a retailer’s guide, fact sheets on clothing, computers, and school supplies, and frequently asked questions.

For more information, visit tntaxholiday.com or call (800) 342-1003 from 8 a.m. to 5 p.m. CST.
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Facts or Fiction about Tennessee’s new Gun Laws

There has been much misinformation put out about the Guns in Restaurants legislation and I wanted you to examine all the facts rather than the anti-gun spin put forth but some in the media. I think it is important that you understand the arguments the members of the General Assembly heard as this legislation was before us.

FICTION: Everyone at O’Charley’s, Chile’s and Chucky Cheese will be armed. Indeed, for almost 15 years handgun permit holders have been armed in restaurants that do not serve alcohol or beer such as Shoney’s, Cracker Barrel, McDonalds, House of Pancakes, Starbucks, and hundreds of other family restaurants but there is no history of civilian handgun permit holders causing problems for other patrons.

The FACT is that criminals carry their guns without regard to restrictive possession laws. Criminals do not bother with handgun carry permits (HCP) because they cannot qualify. It is a FACT that the bad guys will not leave their guns at home. Criminals, particularly those with intent to commit more crime, will be armed with a willingness to do harm if that is required to carry out their crime or escape.

The FACT is that there are over 230,000 law-abiding Right –to-Carry permit holders in Tennessee. In order to receive a handgun carry permit, these citizens have passed a background check, they have submitted to fingerprinting, they have taken and passed an 8-hour gun safety course and they have qualified with a weapon under the supervision of a trained professional. These civilian handgun permit holders are trained that the permit does not make them a law enforcement officer, a vigilante, or a hero – the permit is to enable them to carry a handgun if they choose so that they can protect themselves and their family if they become the victims of violence.

FICTION: Everyone with a gun permit will be drunk and toting their gun at the “bar.” The FACT is it remains illegal for a HCP holder to drink anywhere while armed. The new law allows a person with a HCP to carry in restaurants that serve alcoholic beverages but only as long as such person is not consuming alcohol. For this to be problem, one must assume that these same people would choose to violate the law and consume alcohol thus jeopardizing their HCP status.

FICTION: All the bars and honky tonks will be the scene of the “Gunfight at the OK Corral”.
The FACT is that the term “restaurant” is defined in this law as a public place kept, used, maintained, advertised and held out to the public as a place where meals are served. The serving of such meals shall be the principal business conducted there.

FICTION: Our legislators must be nuts to pass such an unproven and irresponsible law to allow guns in restaurants.
The FACT is Tennessee now joins 36 other states that have similar restaurant carry laws that have experienced no significant problems. Some states have laws that allow HCP holders in bars, not just restaurants. Seven states that border Tennessee allow HCP holders to carry in restaurants. The provisions in Tennessee’s new law are more restrictive than many of these states, some of which actual allow moderate consumption of alcoholic beverages such as wine. These states have not experienced problems because HCP holders are law-abiding citizens. If you have ever eaten at a restaurant that served alcohol in Kentucky, Alabama, Georgia, or any of the other states that surround Tennessee with the exception of North Carolina, you have eaten in a restaurant where permit holders were allowed to carry firearms.

FICTION: There will be no place I can take my children out to dinner and we will have to stay home!
The FACT is the new law allows restaurants to prohibit carrying firearms in their establishments by simply posting a sign. So, if the owner doesn’t want legal HCP holders to carry in his restaurant, then he may post a sign that states “No Guns”. Of course, those signs will not deter those who have a history of ignoring the law.

FICTION: The Republicans have done nothing but pass crazy gun laws!
The FACT is that all of these new laws have received strong bi-partisan support. Governor Bredesen’s veto of the restaurant carry bill was overridden 69-27 in the House. And the Senate veto override vote was 21-9. Democrats have sponsored and co-sponsored several gun bills this legislative session, including the Senate sponsor of the restaurant carry bill, the “Guns-in-Parks” bill, the Firearms Freedom Act, the confidentiality law and a bill to allow retired judges with a handgun carry permit to carry a gun under the same circumstances as law enforcement officers. A Democrat sponsored bill to carry loaded guns in vehicles has passed both the House and the Senate. The bill to exempt the list of individuals in Tennessee that hold handgun carry permits from the Open Records Act is sponsored by a Democrat.
In addition, the time we have spent on firearms legislation has been greatly exaggerated. We have spent hours debating bills that have an economic impact on this state, as well debating at length bills that will impact our public school system in a positive way.

And here is another interesting FACT: Legislation to require a person against whom an order of protection has been issued to dispose of any firearms within two days through any lawful means was sponsored by Women Republican and Democrat House and Senate members. It also creates a Class A misdemeanor for a person to knowingly possess a firearm while an order of protection is in place. This bill was passed and has been sent to the Governor for his signature.

Tennessee’s Legislators have passed a significant number of bills relating to firearms this year compared to what has been passed in prior years. However, there are no bills simply promoting firearms. These are bills promoting the rights of the citizens and removing what we have determined to be unnecessary governmental restrictions on the rights of Tennessee’s law abiding citizens.

Final Session Wrap-up first half 106th General Assembly

FINAL SESSION WRAP-UP

The legislative news of the 106th General Assembly

House Republican Caucus: Economic conditions and Education were priorities

The House Republican Caucus worked hard this year to ensure a balanced budget during an unprecedented economic downturn, charter school reform, and the expansion of Second Amendment rights for Tennesseans. In addition, a strong pro-life constitutional amendment, crime legislation, and pro-jobs principles moved forward this session. With a successful year behind them, the House Republican Caucus is now ready to continue studying sound policy in order to continue this year’s efforts into the next session.

Republican caucus focuses on jobs, small business

Tennessee began 2009 with a floundering economy, declining revenues and an unemployment rate that continued to skyrocket, prompting House Republicans to focus on legislation that would create and attract jobs to Tennessee, ensure the solvency of the state’s Unemployment Trust Fund, and eliminate red tape that hindered entrepreneurs from building successful businesses.
One of the first pieces of legislation to see passage this session was a bond bill that approved the funds promised to Volkswagen and Hemlock Semiconductor to move the massive economic development projects forward. The state set an ambitious timeline to move forward, requiring the approval of the General Assembly almost immediately after session began. The bonding provided infrastructure for the megasites where the companies would be located. Analysts say the revenue stream from Volkswagen alone will cover the annual debt service, and exceed it once Hemlock is up and running.
The companies were considered a major coup for the state, and with the announcement later in the year that Wacker Chemical would open in Bradley County, Tennessee saw three major companies relocate some operations in the state in a matter of months.
The three companies together are expected to directly provide about 3,000 jobs total, in addition to countless others in related sectors from vendors and contractors.

Another bill that worked towards the goals of deregulation and job growth was the “Market Regulation Act of 2009.” The new law will modernize the state telecommunications policy and promote more competition and choice for Tennessee consumers by allowing existing traditional telephone providers to opt into “Market Regulation” so they will be treated on the same terms as their competitors in the cable, wireless and Internet telephone industries.

The General Assembly also passed innovative legislation this year designed to grow jobs through a program that will provide capital to small businesses. The bill creates the TNINVESTCO Program to provide benefits to small, medium-sized, and start-up businesses that currently do not enjoy the same economic development incentives that have been provided to the larger companies that invest capital in Tennessee.

The legislation authorizes tax incentives for private investors to create a pool of capital totaling $120 million that will be divided among professional investment firms. These Tennessee-based firms then invest the money in small businesses located and headquartered in Tennessee. The money must remain invested in Tennessee for ten years.

Several more measures passed that will have a direct and positive impact on creating jobs in Tennessee:
The General Assembly this year expanded Tennessee’s liquor laws to allow Tennesseans to ship wine directly to their homes, after months of negotiations. The new law stipulates that Tennessee consumers may purchase up to three cases of wine per year through direct shipment from a winery to their home. Wineries will initially have to apply for a $300 license that can be renewed annually for $150. Upon delivery of the wine, proof of legal drinking age must be shown.

The new law has potential to bring a large amount of revenue to the state, and can also create jobs and spur entrepreneurship now that shipping wine is not prohibited. In addition, supporters claim in-state wineries will be more successful, thus creating jobs and generating income for fledgling farms.

The legislature voted this year to save Tennessee’s Unemployment Trust Fund from federal intervention, saying that the move was necessary to keep the federal government from completely taking over the nearly insolvent fund. The fund was approaching insolvency this year after the state unemployment rate jumped to nearly 10 percent, and with the highest unemployment in decades the fund was almost drained of resources.

The plan that eventually passed will ensure the fund remains solvent, and creates a series of automatic triggers that allow unemployment taxes to decrease if the fund’s balance reaches a certain threshold.

The legislature also changed the state’s civil service rules this year, giving the Administration more flexibility to manage the economic downturn. The Tennessee State Employees Association worked with members of the General Assembly to iron out the details that protect employees. The new rules allow for innovative changes that can save the state money, such as moving qualified employees between departments to open positions, facilitating furloughs instead of lay-offs, and in some cases, adjusting the work week to four days by extending the hours per day.

House Republicans put education firstCharter schools, home school students, military children big winners

House Republicans fought this year to have K-12 fully funded. Despite the difficulties lawmakers faced in regards to the budget, House Republicans fought to ensure that K-12 public schools would receive full funding based on the state’s Basic Education Program funding mechanism.
In addition to fully funding K-12 education across the state, Republicans also worked to expand public charter school enrollment to all “at-risk” students, giving more Tennessee students more educational opportunity than ever before. Republicans maintained throughout the legislative session that the measure was needed now more than ever, as several schools in more urban parts of the state are failing.

Public charter schools are public schools that are given flexibility to operate without the constraints of some of the rules and regulations normally imposed on traditional schools. In exchange for this flexibility, they are held accountable for performance through a charter, which is an agreement between the local school system and the charter school. The charter school requires a strenuous approval process by the school system and an equally tough renewal process of the charter. Tennessee has stringent accountability measures that ensure the schools are performing well.

There are four main components of the new public charter school legislation:

Eligibility – Currently, public charter school enrollment is limited to failing students and those from failing schools. The legislation permits “at-risk” children to attend public charter schools in those systems that have 14,000 or more students and three or more schools which do not meet adequate yearly progress benchmarks. In addition, school boards can opt by a two-thirds vote to allow students who are deemed “at-risk” to be eligible to attend.

Caps – Currently, public charter schools are limited to 50 statewide, with a cap of 35 in Memphis and 20 in Metro Nashville. The bill clarifies that converted charter schools do not count against the cap. In addition, the number of charter schools allowed was raised to 90 statewide.

Renewal process - Currently, the charter agreement between the local school system and the charter school is renewed every five years. This measure would change the renewal period from five to ten years, with an interim report every five years. It also establishes the required documentation needed during the renewal process.

Funding – Currently, a public charter school receives the per pupil expenditure of state and local dollars. Although it mentions appropriate federal dollars, interpretations vary from one local school system to the next. This legislation defines the state and local charter school facilities’ funding responsibilities and clarifies the local school systems must allocate all appropriate federal funds, including Title I funds to the charter schools.

Prior to the passage of the legislation this year, Tennessee had some of the strictest charter school laws in the country, prompting United States Secretary of Education Arne Duncan to point out that Tennessee stood to lose out on approximately $100 million in stimulus funds due to the regulations. Lawmakers moved the bill forward in the waning days of session, eventually passing it with an overwhelming 79 to 15 vote.

Republicans also sponsored successful legislation that will give home schoolers equal footing with their public school counterparts. The law requires the state, along with local governments, to recognize home school and church-related diplomas, giving them the same rights and privileges extended to those who earn public school diplomas.

Thirdly, Republican members pushed for passage of an Interstate Compact for students whose parents are in the military. The compact will assist students in a military family in moving from one school system to another. Fourteen states currently participate in the compact in order to keep military families from falling through the cracks when they are transferred to a new school system. Tennessee has approximately 26,000 students who could be affected by the compact. Four specific areas are addressed in the compact: enrollment, placement, eligibility, and graduation requirements. Research shows that most military children will transfer between six to nine different school systems while in kindergarten to twelfth grade.

The General Assembly also approved a measure this year that will create the Tennessee Math and Science Teacher Service Loan-Scholarship Program for college students who are seeking licensure to teach mathematics or science in the Tennessee public school system. The first $1.5 million of the program will be funded through private means, and the program won’t be implemented until that goal is reached.

In order to be eligible students must score at least a 27 on the ACT, specifically in the fields of mathematics and science. They must enroll as a full-time student, and major in one of the two fields. Finally, students must agree to teach in Tennessee public schools one year for each year of funding from the scholarship. USA Today has reported that a lack of math and science teachers in high school across the country has caused alarm in some school districts. The measure aims to increase the number of math and science teachers in Tennessee public schools, giving Tennessee a competitive edge on the international stage.

GOP pushes for balanced budget, reigns in government

The budget process got a late start this year after the United States Congress passed a stimulus bill sending nearly $6 billion to Tennessee over two fiscal years. With a constitutional deadline of June 30th, lawmakers reached a consensus on June 17th that eliminated some previously proposed bonding plans and tax increases, which were of concern to Republicans.

Originally concerned about the excessive amount of bonding the Governor proposed in the original budget, Republicans in the legislature were able to substantially reduce the debt the state will incur for bridge repairs and various building projects at several state universities.

Republican lawmakers pushed to reduce the amount of bonding amid concerns that the debt service on the nearly $350 million would be problematic in the future. The bonding for bridges was instead spread out over four years, requiring reauthorization from the General Assembly each fiscal year, and gives lawmakers discretion as analysts predict the economy will continue to decline next year.

In another attempt to slow the rate of spending, Republicans insisted on tightening the requirements regarding supplemental appropriations. Prior to this change, the Administration could ask the General Assembly for an expansion request, also called supplemental appropriations, which are recognized and acknowledged through a signature of the Senate and House Finance Committee Chairmen and sent back to the Administration who dispenses the funds. New language included in the budget bill states that these requests, when made during the legislative session, must also be included in the proposed budget submitted by the Governor.

Republican lawmakers also inserted a provision that directs the Governor to work with the commissioners of the various state departments to find another $55 million in reductions if tax receipts fall short for the month of June. Overall, the final product of the budget is $35 million less than what the Governor originally proposed and restored some of the funding that was cut from the Department of Mental Health and the Department of Children’s Services. The final product did, however, leave intact the Governor’s original plan of eliminating 717 state jobs, mostly in the Department of Mental Health, although 200 lay-offs will be delayed until 2010.

This year, the state faced a $1.5 billion shortfall after state revenues continued to decline each month. Republican leaders said the final version of the budget was not perfect, but was a true compromise between conservatives who wanted more reductions and Democrats who wanted to spend more to further proposed state projects.

Pro-life measure clears first hurdle to appear on ballot in 2014

Senate Joint Resolution 127, the constitutional amendment that will restore the Tennessee Constitution’s neutrality on the subject of abortion, overwhelmingly passed both the House and Senate this year. Republicans have pushed the amendment to the state’s constitution for several years, only to have it die in a Democrat-controlled subcommittee. The Senate passed the measure with a 24-8 vote, while the House passed it with a 77-21 vote. Republicans have contended that there exists a powerful and pivotal passage in Tennessee’s constitution which states that power is inherent to the people, and therefore, Tennesseans should have a say on the matter of abortion, not activist courts.

SJR 127 is in response to the 2001 Tennessee Supreme Court decision in Planned Parenthood v Sundquist, when the court created a right to unregulated abortion, giving Tennessee some of the most liberal abortion laws in the country. The decision also prohibited the Tennessee legislature from enacting common-sense regulations governing abortions that other states are able to enact and still comply with the United States Supreme Court’s opinion in Roe v Wade. The constitutional amendment will restore the right of Tennesseans to repeal or enact laws governing abortions within federal limits through their elected representatives.

Having now passed the 106th General Assembly with a simple majority, the measure must now pass the 107th General Assembly by two-thirds before appearing on the ballot, at the earliest, in 2014.

Common-sense voter protection continues to die along party lines Elections Subcommittee

For three weeks in a row this year, Democrats on the Elections Subcommittee of State and Local Government killed common-sense voter protection legislation along party lines. Democrats have blocked two of the measures in the subcommittee for several years, while the third bill to be killed would have ensured military votes are counted.

A report released in 2008 showed that Tennessee had a poor record of mailing absentee ballots on time to men and women serving overseas in the armed services. Military personnel would often receive the absentee ballots after the deadline had passed to return them. Following in several other states’ footsteps, the House Republican proposal would have set up parameters by which soldiers could fax absentee ballots to election commissions, ensuring that their vote was counted. Democrats blocked the measure, and the bill was the first to die on a party line tie vote.

The second measure that was bottled up in the subcommittee was one that would have required proof of citizenship to register to vote. The final voter protection bill to fail on a tie vote along party lines would have required photo identification to vote, which Republicans argued was needed to combat voter fraud and ensure that every legal vote counts. Despite strong public support for the measures and bi-partisan support in the Senate, all three were defeated. Republicans will revive the legislation next year.

Republicans pleased with passage of legislation to combat illegal immigration

A bill that Republicans have worked on for several years saw passage this year in a bi-partisan manner. Republicans pledged to fight for the issue as part of their “Tennessee Trust” platform, unveiled in 2006 as a contract with voters to advance conservative ideals.
The legislation prohibits Tennessee cities from declaring themselves a “sanctuary city,” or enacting policies that protect illegal immigrants. The law is meant to be a pre-emptive strike to guard against the adoption of such policies by cities in the state. Thirty-eight cities across the United States have been recognized as sanctuary cities, but many sources have identified over 200 city or county governments nationwide as having practiced such policies.

GOP expands Second Amendment rights for Tennesseans

Republicans moved forward this year with several pieces of legislation that aimed at expanding the Second Amendment rights of Tennesseans by allowing those licensed by the state to carry firearms in certain places where they were previously prohibited. Tennessee’s Constitution guarantees “that the citizens of this State have a right to keep and bear arms.”

After being bottled up in a Democrat-controlled subcommittee for years, firearm legislation moved forward quickly this year in a bi-partisan manner. Republicans passed measures that allow licensed carry permit holders to possess firearms in wildlife refuges, public hunting areas, and wildlife management areas. In addition, licensed carry permit holders will now be permitted to carry firearms in state parks. The General Assembly voted to allow licensed carry permit holders to carry into local parks as well, provided local governments do not “opt-out,” which they can do.

Licensed carry permit holders may now also carry into restaurants that serve alcohol, provided they are not consuming alcohol. After a spirited debate, the measure passed overwhelmingly with bi-partisan support. Shortly after lawmakers reached an agreement, however, the Governor vetoed the legislation, stating that “guns and alcohol do not mix.”

The General Assembly moved swiftly to override the veto, with Republicans responding that the bill prohibited carry permit holders from drinking alcohol and carrying a firearm, much as it was illegal to drink and drive. Thirty-six states have some form of restaurant carry, including seven of the eight states that border Tennessee. The General Assembly exhaustively debated the subject, with a supermajority determining that legal carry permit holders were responsible individuals who should be able to protect themselves. With both chambers having overridden the Governor’s veto, the bill will now become law on July 14, 2009.

Another firearm measure that was passed would delete the requirement that when buying a firearm, the purchaser must provide the firearm dealer with a thumbprint. The bill would not eliminate required background checks. Both the Chiefs of Police and the Tennessee Bureau of Investigation supported the legislation, saying the thumbprint requirement is a waste of time and money because they are not utilized. Of the 2.3 million thumbprints that have been collected, TBI has only ever asked for one, which turned out to be unusable.

Judicial Selection process changes, more transparent with less interest group involvement

The General Assembly this year reformed the selection process for the state’s appellate and Tennessee Supreme Court judges. Legislators debated the issue for nearly 16 weeks in the committee system, hearing testimony from dozens of attorneys, former judges, current judges, and scholars. The Judicial Selection Commission, a component of Tennessee’s current plan for appointing judges, was set to expire this year.

The legislation passed sets up a new nominating commission with fewer attorney members and less special interest input. Lawmakers indicated they would still pursue a separate measure that would call for a Constitutional Convention to let the people decide whether or not they wanted to elect the judges or opt to continue a system of nomination by a commission, followed by a retention vote from voters. Tennessee’s Constitution states judges must be “elected by the qualified voters of the state.” Lengthy debate in the legislature focused on whether or not the selection process with a retention vote meets that test, with detractors saying it blatantly violates the constitution.

The legislation provides for a 17 member Judicial Nominating Commission that would have at least 10 attorney members. After being appointed through this process, the judges would stand for approval by the voters who could then decide whether or not to “retain” or “replace” them, a move that proponents say is cleaner than the current “yes” or “no” on the ballot regarding retention now.

If voters decide to replace a judge, an interim judge would be appointed by the governor until the next election. At that point, the people could decide who would fill the slot through a popular election, which is the same process by which the state’s trial judges are currently selected.

The bill also bans lobbyists or employers of lobbyists from serving on the Nominating Commission. Finally, the legislation provides public access to every aspect of the nominating process, making the process more transparent than ever before.

General Assembly passes resoultion declaring Tennessee's state sovereignty

Nearly a dozen states this year considered measures declaring state sovereignty, amid what many believe to be an increased level of fiscal irresponsibility on the federal level, and over-reaching by the federal government. Republican lawmakers in Tennessee expressed concern that the federal government has handed down a series of unfunded mandates and directives that are dangerously close to violating the Ninth and Tenth Amendments of the United States Constitution.

House Joint Resolution 108 affirmed, "Tennessee's sovereignty under the Tenth Amendment to the Constitution of the United States and to demand the federal government halt its practice of assuming powers and of imposing mandates upon the states for purposes not enumerated by the Consitutionof the United States".

The Ninth Amendment reads, “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” The Tenth Amendment specifically provides, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

Miscellaneous legislation to see passage…

The following pieces of legislation also saw passage in 2009:

Legislative Manual - The House has, for many years, published a weekly “Legislative Manual” that contains a short summary of each piece of legislation, and made a copy available to all 99 members. Because the cost for producing the books is $90,000, and because the information is more accurately available online, Republicans proposed to end the publication for cost-saving reasons.

Texting while driving - Legislation that prohibits sending or reading text messages while driving passed this year. Lawmakers discussed the possibility that texting while driving may fall under the current “distracted driving” statute, but ultimately determined that the legislation would clarify the law and allow law enforcement some discretion and can be prosecuted.

Cracking down meth - The passage of House Bill 284 will make it significantly more difficult to acquire the necessary ingredients used to make methamphetamine. If more than 20 grams of certain items used to make meth are purchased during one month, the manufacture of meth is presumed.

Honoring National Guardsmen - Republicans honored our National Guardsmen this year by passing a bill that requires the Adjutant General to notify the Governor in the event of the death of any Tennessee National Guard member that is called into active military service and who is stationed outside the United States. In any month in which one or more notifications of death are given to the Governor, the Governor will be required to proclaim a day of mourning and order the state flag to be flown at half mast to honor the deceased Tennessee National Guard member or members.

The right to hunt and fish - The General Assembly completed its portion of the constitutional amendment process for House Joint Resolution 149, which would add the right to hunt and fish to the state’s constitution. HJR 149 has already been passed by a majority in the 105th General Assembly, and this year passed by two-thirds. Now the measure will appear on the ballot in a referendum in 2010.

Registry and Ethics Commission Merger - Lawmakers voted to merge the Tennessee Ethics Commission and the Registry of Election Finance, keeping the boards independent but under one umbrella named the Bureau of Ethics and Campaign Finance. The move will keep all ethics operations intact but will improve efficiency and save taxpayers more than $300,000 annually.

De-funding of Planned Parenthood - Legislation was passed this year that directs funds originally sent to Planned Parenthood for family planning services to state health departments first. In the past, approximately $1.1 million in Title 10 funds were provided to Planned Parenthood for women’s health-related services in Shelby and Davidson Counties. If the state health department cannot provide the services, the services can still be outsourced to a private agency.

“Crooks with Guns” - Legislation passed this session cracking down on violent crime in Tennessee and that builds on the “Crooks with Guns Law” passed during the last General Assembly. Similarly, another bill requires all aggravated burglaries a defendant commits within a 24-hour period to be counted as separate prior convictions for purposes of determining whether the defendant is a multiple, persistent, or career offender under the Criminal Sentencing Reform Act.

Strengthening of sex offender laws - Legislation that would prohibit sex offenders from being or remaining within 1,000 feet of certain places where children are likely to gather was approved. The bill exempts a parent who is attending certain events, unless the victim is present. The bill applies to schools, licensed day care centers, child care facilities, public parks, playgrounds, recreation centers or athletic fields when children under age 18 are present. Current law sets a parameter of 500 feet as the distance sex offenders are prohibited from going near school property. The legislation would expand that distance to 1,000 feet, and adds other places where children are likely to gather.

Having completed its business, the 106th General Assembly is set to reconvene at noon on January 12th, 2010.

Guns in parks passes with opt out provision

The guns in parks bill passed with the opt out provision for local governments. Rep. Frank Nicely defended his bill and concurred with the Senate version of his bill.

The facts about SJR127

May 18, 2009 was a historical night as the Tennessee House of Representatives heard in the House chamber Senate Joint Resolution 127 for its third and final reading since the efforts for its passage began in 2001.

SJR127 is a resolution to amend the state constitution regarding abortion in Tennessee. In 2000, the Tennessee State Supreme Court struck down the commonsense abortion regulations on the books and expanded abortion rights in Tennessee beyond the right to an abortion granted in Roe v. Wade.

The resolution received bi-partisan support and passed 77 to 21. It must be passed again in the 107th General Assembly by 2/3rds majority vote before reaching the ballot in 2014 so the citizens of Tennessee may vote to amend the Constitution.

I am not surprised that pro-choice proponents try to frighten the public with their argument that SJR127 takes away a woman's right to an abortion or that young girls who have been raped by their fathers will be forced to bear their babies. An examination of the facts is in order. SJR127 allows the people acting through their elected officials the right granted to them by the U.S. Supreme Court in the Doe vs. Bolton case to regulate abortions all within federal constitutional limits. That is all.

This topic is very sensitive and there is much misinformation out there regarding what SJR 127 will and will not do. In an effort to promote the truth about SJR127, I have posted my remarks below I gave as sponsor of the resolution on the House floor that evening.

Floor remarks by SJR127 sponsor Rep. Debra Maggart

Monday, May 18, 2009

Thank you, Mr. Speaker.

SJR127 is a constitutional amendment that when passed will bring the Constitution of the State of Tennessee back to a position of neutrality regarding abortion.

Once again, SJR127 enjoys bi-partisan support.

SJR127 is intended to overturn the Tennessee Supreme Court’s decision in Planned Parenthood of Middle Tennessee vs. Sundquist and will restore to the people of Tennessee acting through their elected state representatives and state senators, their rightful authority to regulate abortion, all within federal constitutional limits.

The commonsense regulations that included informed consent so that women making this very important decision would have important, solid information from their doctor and a period of time to reflect that were passed by the General Assembly—these commonsense protections were struck down by Planned Parenthood vs. Sundquist. The requirement that a second trimester abortion must be performed in a regulated hospital due to the danger of complications for the woman was also struck down because of Planned Parenthood vs. Sundquist. Enacting SJR 127 would also protect existing laws mandating parental consent.


SJR 127 does not outlaw or criminalize abortion. SJR127 simply restores the authority of the people acting through their elected officials, to legislate abortion.

The first sentence of the amendment brings the Constitution back to neutral on abortion.

The second sentence amplifies and clarifies that the people of Tennessee retain their right to act through their elected officials to determine the commonsense protections for women seeking an abortion.

SJR127’s language is clear and meets the Tennessee Supreme Court’s usage of the strict scrutiny standard. The language was carefully drafted by legal experts specializing in state constitutional law as it relates to the matter of abortion. That is why it is important not to amend this resolution—amendments will insert language in the resolution that cause confusion and could give a court an opportunity to create mischief. Amendments will also move us away from neutrality.

Because of Roe v. Wade, a woman may have an abortion for any reason; however, up until Planned Parenthood vs. Sundquist, Tennessee was allowed to regulate this major surgical procedure. SJR 127 simply returns to the people their voice through their legislature; their rightful authority to decide what laws should be enacted.

It is important to remember that in a democracy, the people, not judges, have the final word.

And with that explanation, Mr. Speaker, I move passage of SJR127.

Safety is focal point of Certified Medication Aide bill

Safety is focal point of CMA legislation
An Editorial
by Representative Debra Maggart and Senator Diane Black

May 8, 2009 -- Quality health care for our elderly and disabled citizens who reside in nursing homes in Tennessee is the focal point of legislation that we are sponsoring to allow Certified Medication Aides (CMAs) to administer routine medications to residents. That is why it has received wide bi-partisan support from Democrats and Republicans who know the facts of the bill. The premise of the legislation is to allow CMAs, who will receive training, to administer certain medications to the residents in these homes so nurses are freed up to provide skilled nursing care to patients.

The Senate has already adopted the bill by a vote of 29 to 2. It is currently pending action in the House of Representative’s Government Operations Committee.

Let’s address three key provisions of the legislation to illustrate how the bill puts safety first for these residents. These provisions are: qualifications, medications, and supervision.

Qualifications – The legislation requires that a medication aide must at least be a high school graduate, in addition to being a Certified Nurse Assistant, a position which requires 100 hours of education. They must have worked full-time for at least one year in a Nursing Home or Assisted Living Facility before they apply to the CMA program. The CMA education requirements include completion of an additional 75 hours of instruction focusing on medication provided by a qualified education institution. Twenty-five hours of this instruction must be clinical training before the CMA is allowed to administer routine drugs to residents. This means the aides must complete a total of 175 hours of training before they would be allowed to administer any medications.

Medications -- On medications, the CMAs would be allowed to administer only oral and topical drugs to residents, under the bill. Currently, pharmacists in these facilities fill drawers in a medication cart with the resident’s medicine for that day. The medication drawer containing the resident’s medicine has the person’s name, room number and photo displayed on the outside. The CMA would then take that medication to the individuals and administer it to the resident as prescribed. The proposal does not allow CMAs to administer any controlled substances, injections, feeding tubes, or inhalers.

Supervision -- Close supervision of the CMAs by a licensed nurse is a key component of the legislation to further protect nursing home residents. Licensed nurses must evaluate the resident upon admission to a home or assisted living facility to determine whether or not it is appropriate for them to receive medication by a CMA. This is to make sure that those with acute medical concerns receive a higher skill level by a nurse. If there is any change in the resident’s status, acuity or medications, the licensed nurse would then reevaluate whether or not they should continue to receive medication by a CMA. In addition, the Board of Nursing will promulgate the rules governing this act so they will have every opportunity to make sure adequate safeguards in place.

Twenty other states have implemented medication aide programs. Clinical Nursing Research Studies have found there is no greater incidence of medication errors among medication aides as compared to licensed nurses. This could be because the CMA’s only responsibility is medication administration, thus allowing them to focus on this task without the distractions of other duties which account for most medication errors.

Finally, adding medication aides to the caregiving team in our nursing homes and assisted living facilities will not decrease the level of care providers. In fact, it will increase the ratio of caregivers to residents in these homes. The bill includes language that clearly states that the use of CMAs cannot serve as a reason for a Tennessee facility to reduce its licensed caregiver staff. Facilities are still responsible to make sure that their staffing levels include skilled nurses. The difference is that it will free up these nurses to give the residents a higher quality of care to treat illnesses or medical conditions that so often occur in these homes.

Although there is much misinformation being disseminated by those with political agendas, a careful review of this bill, as amended, shows that the resident’s safety is paramount. Tennessee should adopt this legislation.

We invite you to access the bill and amendment on the General Assembly’s website at: http://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=SB0009