Saturday, March 13, 2010

Violent Juvenile Sex Offenders on Registry to protect the Public Bill Discussed

Dear Friends:

The legislature is in full swing and bills are really starting to move.

This week I presented a major piece of legislation that brings Tennessee into compliance with the Adam Walsh Act of 2006 regarding sex offenders. You can read about it on the front pages of the Hendersonville Standard and the Gallatin Newspaper Thursday editions. The bill was heard for about four hours in full Judiciary committee and I will continue to work for its passage there this Tuesday.

My bill places Violent Juvenile Sex Offenders who have been adjundcated in Juvenile court and assessed by mental health professionals as violent sex offenders. These teenage sex offenders, age 14 years old and up, have committed the heinous crimes of Rape of a Child, Aggravated Rape of a Child, Rape, or Aggravated Sexual battery using force or a weapon.

Just this week there was an article in the Knoxville News Sentinel reporting the Putnam County Juvenile Judge stating that "children raping children" was rampant in Putnam County. He described the numbers of teenagers raping children.

My wrap below has more details about my legislation as well as other legislation and actions of the General Assembly.




House of Representatives
CAPITOL HILL REVIEW
A weekly wrap-up of legislative news
March 8th – March 11th, 2010


Juvenile sexual offender registry
measure discussed
Lengthy debate in House Judiciary Committee

A bill that would strengthen the state’s sexual offender laws and ensure Tennessee is completely in compliance with the federal government’s Adam Walsh Act was discussed at length Tuesday evening in the House Judiciary Committee. House Bill 2789 by Rep. Maggart would require violent juvenile sexual offenders age 14 years or older to register on a sexual offender registry.

Due to some concerns regarding juveniles who may not reoffend, an amendment was added to the bill by Rep. Maggart. Currently, juveniles are assessed by mental health professionals after being adjudicated for a violent sexual crime. The Tennessee Association of Mental Health Organizations agreed to assess the juveniles as “high-risk” and “low-risk,” with only those assessed as “high-risk” being required to register.

In addition, the bill states that a person must stay on the registry for 25 years and then may apply for removal. However, if the person is convicted of an additional offense, they must stay on the registry for life. These are the minimum requirements that keep the legislation in compliance with the Adam Walsh Act.

The federal government signed the Adam Walsh Child Protection and Safety Act into law in 2006, and state compliance is tied to grant money. The state’s fiscal analysts say that Tennessee is eligible to receive over $50 million in grant funding, but that 10 percent of that is in jeopardy unless House Bill 2789 passes.

Thirty-two states have some form of a violent juvenile sexual offender registry. The offenses that would qualify a violent juvenile sexual offender for the registry are aggravated rape, rape, aggravated sexual battery when coercion is involved, rape of a child with a victim at least four years younger, and aggravated rape of a child or the attempt of any of these.

After four and a half hours of discussion, the bill was deferred for one week. The legislation will be heard again in the Judiciary Committee next week and is expected to be voted on at that time.

‘English Only’ legislation passes out of House subcommittee

A bill that will require the written portion of the driver’s license exam to be administered in English only passed out the House Public Safety Subcommittee this week. Republicans last ran the legislation in 2007, and Senate Republicans were successful in passing it with an overwhelming 22-5 vote. However, House Democrats blocked the measure in a House subcommittee, and the bill died on a tie vote.

In 1984, Tennessee adopted a law making English the official language of the state. The law reads in part, “All communications and publications…produced by governmental entities in Tennessee shall be in English.” The Tennessee Department of Safety (TDOS) does not apply the phrase to driver’s license examinations or driver’s license study guides, however. Currently, TDOS administers the test in English, Spanish, Korean, and Japanese.

Republicans argue the law is needed for safety, saying that drivers who cannot read highway warning signs, traffic signs, hazard signs on other vehicles, or who cannot communicate with police or public safety personnel in the event of a serious accident or emergency are a danger to themselves and others.

While safety is the overriding reason for the bill, Republicans argue there are sound fiscal reasons as well. Last year the General Assembly’s fiscal review committee found that the Department of Safety spent $64,500 just to print driver’s license study guides in Spanish. In 2008, the General Sessions Court’s language interpreter coordinator scheduled 6,838 court interpretations in the State of Tennessee costing taxpayers $1,058,673.96 statewide for court interpreters.

Having passed out of the House Public Safety Subcommittee for the first time, House Bill 262 will next be heard in the full House Transportation Committee.






Bill seeks to curb illegal drug activity from
out-of-state “pill mills”

The Senate and House Judiciary Committees approved legislation this week to attack a major source of illegal drug activity in Tennessee. House Bill 3221 would stiffen penalties against those who get prescriptions in another state and return to illegally distribute drugs in Tennessee.

Action on the bill follows a 96.6 percent increase in drug-related deaths, according to a study conducted by the Centers for Disease Control (CDC). Some Tennessee law enforcement officers attribute that increase to the misuse of prescription drugs by those who obtain them legally from out-of-state “pill mills.”

The most common drugs found are OxyContin, Darvon, and Vicodin, but drug busts in Tennessee also have included Xanax and Roxicodones. The legislation would increase the penalties for the illegal trafficking of out-of-state drugs from a Class C misdemeanor, which carries a 30-day jail term and up to $50 in fines, to a Class D felony, with a 2 to 12 years in prison sentence and up to $5,000 in fines.

Republican lawmakers filed the bill after law enforcement officials in East Tennessee counties brought the matter to their attention. Tennessee law requires all entities that dispense medications to file information regarding controlled substances on a state database to monitor abuse. That law has helped curb prescription drug abuse by providing information to those prescribing and dispensing the drugs to alert them of potential abusers.

Although 40 states have laws establishing drug monitoring programs, Florida is among those who do not have a program. That state now has one of the highest concentrations of pain clinics in the U.S., including those housed in shopping centers. This has caused other states to pass laws cracking down on offenders who traffic these drugs within their boundaries.

2010 Census forms to be mailed mid-March

Every ten years the federal government counts every resident in the United States as required by the United States Constitution. The census data is used for many different purposes, including identifying certain communities for funding and the redistricting of legislative and congressional seats. Every household in the United States and Puerto Rico will receive a census form that residents are asked to fill out and return. If a household does not return the form, a census worker is then dispatched to the household to gather the needed information.

The Census Bureau has sent out information recently regarding the types of questions that will be asked, and warning citizens to be on alert for people posing as census workers. When a census worker visits a home, they will have a badge, a handheld device, a Census Bureau canvas bag, and a confidentiality notice. Citizens can refuse to take part, but the most important question is simply regarding the number of people who live at the address. Citizens should know that a census worker will never ask for any information such as a social security number, bank account number, or credit card numbers and will never solicit a donation. The Census Bureau will also never send out an E-mail to communicate with citizens.

The federal government has advised the census forms will be mailed mid-March, and ask that the forms be returned by April 1, 2010. For more information on the 2010 Census, please visit 2010.census.gov.

In Brief

House Bill 3105 passed out of the House Education Committee this week and would require local boards of education to give preference to a parent’s request in classroom placement of multiple birth siblings.

A bill that would prohibit physicians who are on the sexual offender registry from treating children under the age of 18 years old passed out of the House Judiciary Committee this week. House Bill 3063 will now be heard in the House Finance, Ways and Means Committee.

The House was treated to a presentation on Monday evening from Little Jimmy Dickens as they honored him for his extensive career in country music. House Joint Resolution 244 lauded his country music career of more than 60 years, and paid homage to his induction into the Country Music Hall of Fame in 1983.

House Bill 2768 moved out of the House Judiciary Committee and will next be heard in the House Budget Subcommittee. The bill would require certain DUI offenders to have an ignition interlock device placed on their vehicle.



The Week Ahead…

HOUSE SESSION: 5:00 p.m. Monday, March 15, 2010 in the House Chambers
HOUSE SESSION: 9:00 a.m. Thursday, March 18, 2010 in the House Chambers

Tuesday, March 16

CommitteeRoomTime
Calendar and Rules (TBA)Legislative Plaza 168:00 A.M.
Consumer SubcommitteeLegislative Plaza 308:30 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.
Environment SubcommitteeLegislative Plaza 2910:30 A.M.
Utilities and BankingLegislative Plaza 3010:30 A.M
Children and Family AffairsLegislative Plaza 3112:00 P.M.
State and Local GovernmentLegislative Plaza 1612:00 P.M.
WildlifeLegislative Plaza 2912:00 P.M.
ElectionsLegislative Plaza 161:00 P.M.
Family JusticeLegislative Plaza 311:30 P.M.
Finance, Ways, and MeansLegislative Plaza 162:00 P.M.
Conservation and EnvironmentLegislative Plaza 292:00 P.M.
State SubcommitteeLegislative Plaza 302:00 P.M.
TransportationLegislative Plaza 163:30 P.M.
JudiciaryLegislative Plaza 313:30 P.M.
Domestic Sub.Legislative Plaza 303:30 P.M.
Public SafetyLegislative Plaza 164:00 P.M.


Wednesday, March 17

CommitteeRoomTime
Calendar and Rules (TBA)Legislative Plaza 168:00 A.M.
Consumer and Employee AffairsLegislative Plaza 298:30 A.M.
Rural Roads SubcommitteeLegislative Plaza 308:30 A.M.
Local SubcommitteeLegislative Plaza 318:30 A.M.
Higher EducationLegislative Plaza 169:15 A.M.
Small BusinessLegislative Plaza 309:15 A.M.
K-12 SubcommitteeLegislative Plaza 1610:00 A.M.
Government OperationsLegislative Plaza 3010:00 A.M.
Industrial ImpactLegislative Plaza 3110:00 A.M.
EducationLegislative Plaza 1611:00 A.M.
Budget Sub.Legislative Plaza 29 11:00 A.M.
CriminalLegislative Plaza 3111:00 A.M.
ParksLegislative Plaza 1612:30 P.M.
EmployeeLegislative Plaza 2912:30 P.M.
Health Care FacilitiesLegislative Plaza 3012:30 P.M.
Civil Practice SubcommitteeLegislative Plaza 3112:30 P.M.
Public Health SubcommitteeLegislative Plaza 301:30 P.M.
Finance and Budget HearingsLegislative Plaza 162:00 P.M.

Monday, February 1, 2010

Tonight State of the State

Dear Friends;

Tonight the legislature will convene in a joint session with the Senate to hear Governor Bredesen present his final State of the State Address. We will hear his budget proposal and below you will see what we have before us in this tough economy and budget year.

Thank you again for allowing me to serve you in the State House. Please let me know if I can ever help you in anyway.

Warmest Regards,

Debra

Legislature begins regular session,
awaits budget proposal

The 106th General Assembly resumed normal business last week, as legislators adjourned the Extraordinary Session on last Monday. Committees held organizational meetings, heard testimony from department heads, and completed unfinished business held over from study committees. Tonight lawmakers will hear the Governor’s budget proposal at a joint convention. The Finance, Ways and Means Committee and Budget Subcommittee will hold budget hearings Tuesday and Wednesday to update legislators on the newest numbers.

State budget presents a challenge
The state is facing an unprecedented projected revenue deficit of roughly $1 billion. Because the Tennessee General Assembly is constitutionally mandated to pass a balanced budget, lawmakers will face extraordinary challenges. In October, Tennessee fiscal analysts said $1.1 billion in baseline budget reductions will likely need to be made in order to keep the state finances afloat.

The 2009-10 budget, passed in June of 2009, anticipated revenue growth of approximately one percent, but revenues have been falling short of that mark. The most recent revenue numbers show a continual decline, meaning that for a record 19 months, Tennessee has seen negative revenue growth. Economists are saying that general fund tax revenues could be down to about $8.5 billion for this year, compared to $10.3 billion in the 2008-2009 fiscal year.


Departments facing reductions
When the Governor presents his budget to the legislature next week, lawmakers expect to hear a call for departments to make 6 to 9 percent more in reductions. Overall, cuts of approximately $500 million to $750 million will need to be made in order to balance the budget.

Education and corrections will probably not be on the chopping block, and Republicans have said that departmental reserve accounts should not be tapped to cover recurring expenses. Most legislators do not want to drain the entire Rainy Day Fund, which currently stands at approximately $525 million.

State Funding Board
The State Funding Board recently adopted preliminary budget estimates in December, and legislators will likely hear them next week during budget hearings giving lawmakers a better snapshot of the budget hole it is facing. The Board will likely revise the estimate in late March or early April, as opposed to its practice of meeting in May, hopefully allowing the General Assembly to finish earlier in the year.

Unemployment Trust Fund

The Unemployment Trust Fund will once again be a significant issue early in the 2010 legislative session. Despite a $140 million infusion of federal stimulus funds into the system in 2009, the fund continues toward insolvency. If the state incurs a deficit, it will likely require a bridge loan from the federal government until the legislature can make other provisions in the Unemployment Trust Fund.

The legislature voted last 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 after the state unemployment rate jumped to 10 percent in 2009, and with the continuously rising percentage of Tennesseans out of work, the fund is being drained of resources. Republicans supported the move, on the condition that a series of triggers allow unemployment taxes to decrease if the fund’s balance reaches a certain threshold.

Transportation Committee imposes
restrictions on traffic cameras

This week, the House Transportation Committee passed a bill that places certain contractual restrictions on local governments who utilize traffic cameras. The move comes after months of study committee meetings examining the use of traffic cameras in communities across the state. The committee voted unanimously this week requiring contracts between local governments and companies operating the traffic cameras to contain a provision that requires the contract to be changed when state law is changed. Lawmakers are anticipating legislation this year that will restrict the use of traffic cameras in some way, or at least lessen their impact. Several legislators have already filed bills on the subject, ranging from the elimination of the cameras to reductions in fee payments.

The Week Ahead…

Monday, February 1st, 2010
5:00 p.m. – SESSION – House Chambers
5:45 p.m. – Joint Convention – House Chambers
6:00 p.m. – Governor Bredesen’s Address – House Chambers

Tuesday, February 2nd, 2010
8:00 a.m. – Calendar and Rules (TBA) – Legislative Plaza Room 16
9:15 a.m. – Agriculture – Legislative Plaza Room 29
10:30 a.m. – Health and Human Services – Legislative Plaza Room 16
12:00 p.m. – Children and Family Affairs – Legislative Plaza Room 31
2:00 p.m. – Finance, Ways, and Means – Legislative Plaza Room 16
2:00 p.m. – Conservation – Legislative Plaza Room 29
3:30 p.m. – Transportation Committee – Legislative Plaza Room 16
3:00 p.m. – Judiciary – Legislative Plaza Room 31


Wednesday, February 3rd, 2010
8:00 a.m. – Calendar and Rules – Legislative Plaza Room 16
8:30 a.m. – Consumer and Employee Affairs – Legislative Plaza Room 29
10:00 a.m. – Government Operations – Legislative Plaza Room 29
11:00 a.m. – Education– Legislative Plaza Room 16
2:00 p.m. – SESSION – House Chambers

Thursday, February 4th, 2010
8:00 a.m. – Calendar and Rules Committee (TBA) – Legislative Plaza Room 16
9:00 a.m. – SESSION – House Chambers

Wednesday, January 20, 2010

Brown Election not just about stopping Obamacare.

The election of Scott Brown was not just about stopping Obamacare.
It's also about recognizing we are in danger from the terrorists who hate us and want to kill us. Some of Scott Brown's biggest applause lines last night came when he pointed out that the rights secured under the U.S. Constitution belong to US--the American citizens. Not for the terrorists brought here for trial by the Obama Administration.

This should be the wake-up call--Americans are worried about their job security and our national security.

Sunday, January 10, 2010

Donate to MOMPAC Today & help me Maintain Our Majority!

Dear Friends:

The clock is running out and I need your help today. I can only raise campaign funds to protect the State House Republican majority until 12 Noon this coming Tuesday, January 12, 2010. Will you help me bring back all 50 Republican House members and expand our majority? As a member of the House Republican Caucus leadership team, I have started MOMPAC-Maintaining Our Majority. MOMPAC has one goal in mind: maintaining and expanding our majority in the State House of Representatives.

I hope I can count on your support. Please consider making a donation to MOMPAC. I know we agree that Congress is out of control with wasteful spending, new government-run programs, and other assaults on our personal liberty. It is imperative that we keep Tennessee from becoming Washington, D.C. and keep our government in check.

To that end, I have set in motion a proposal to protect our state's sovereignty from this unfunded mandate. Shady backroom deals, pay-offs, and unfair treatment have been staples of the healthcare reform bill. Hardworking Tennesseans deserve better.


Please make your contribution by bank account or credit card at Pay Pal.
1. www.paypal.com
2. Send Money
3. Send Money Online
4. To: mompac2010@gmail.com
5. From: Your e-mail Address
6. Amount: $ Amount of Contribution
7. Select "Services"
8. Hit Continue
9. You will be prompted to log in to Pay Pal (or create a new account)
10. PLEASE include your employer and occupation in the message section
11. Hit "Send Money"
OR

Mail to:
MOMPAC
112 La Bar Drive
Hendersonville, TN 37075

Thank you for your support and friendship in the past. The citizens of the State of Tennessee are relying heavily upon us to maintain our Tennessee values, and I know that Republicans are eager to lead this state in a positive direction.

Warmest Regards,


Representative Debra Maggart
Majority Whip




Paid for by MOMPAC; Lori D. Atchley, Treasurer

Monday, December 21, 2009

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

Friday, November 27, 2009

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.