{"id":807,"date":"2009-03-06T05:00:19","date_gmt":"2009-03-06T11:00:19","guid":{"rendered":"http:\/\/www.discoverclarksville.com\/articles\/?p=807"},"modified":"2009-03-05T16:31:43","modified_gmt":"2009-03-05T22:31:43","slug":"gop-week-in-review","status":"publish","type":"post","link":"https:\/\/www.discoverclarksville.com\/articles\/2009\/03\/06\/gop-week-in-review\/","title":{"rendered":"GOP Week in Review"},"content":{"rendered":"

Senate State and Local Government Committee approves election integrity bill and legislation honoring Republican Majority on State Election Commission<\/strong><\/em><\/span><\/p>\n

\"gop-logo\"NASHVILLE, TN:\u00a0 Legislation protecting the integrity of elections in Tennessee overcame its first hurdle towards passage this week with approval by the Senate State and Local Government Committee.\u00a0\u00a0 The bill requires voters to provide photo identification to guard against fraud and assure only U.S. citizens vote.<\/p>\n

\u201cUnfortunately, we know that voter fraud exists and that there are people who try to be dishonest in an election,\u201d said Senator Bill Ketron (R-Murfreesboro), Chairman of the Committee and sponsor of the bill.\u00a0 \u201cThis bill aims to curtail such abuse by making sure those persons voting are who they say they are.\u201d
\nThe bill, SB 150, provides for various forms of photo identification to be used including a driver\u2019s license, military identification, a valid passport, government employee identification cards, and any federal and state-issued identification cards that contain photographs of the voter.\u00a0 The legislation does not apply to those in nursing homes.\u00a0 It also allows for those who are indigent to sign an affidavit swearing their status as an eligible voter.\u00a0 In addition, the bill provides for a \u201cprovisional ballot\u201d which would only be counted if the election counting board is able to verify current and valid identification of the voter within three days.<\/p>\n

Last April a U.S. Supreme Court decision validated the right of states to require voters to produce photo identification.\u00a0 According to the National Conference of State Legislatures, of the 24 states that have a voter-ID requirement, seven states specify a photograph be shown to prove identification, including neighboring states Georgia, Florida, and Louisiana.\u00a0 In no state is a voter who cannot produce identification turned away from the polls.\u00a0 All states have some recourse for voters without identification to cast a vote or provide for a provisional ballot.<\/p>\n

The voter integrity legislation has been approved for the past several years in Tennessee\u2019s State Senate but has failed in the House of Representatives along party lines with Democrats opposing the bill.<\/p>\n

\u201cThis legislation makes it clear to everyone that Tennessee has the right to make sure that those voting are legitimately casting their votes, and are U.S. citizens,\u201d added Senator Ketron.\u00a0 \u201cI am hopeful that this measure, which has been upheld by the courts, will be approved by the full General Assembly this year.\u201d<\/p>\n

In other action in the State and Local Government Committee this week, legislation was approved to update the political composition of the State Election Commission which has been dominated by Democrats for generations.\u00a0 State law currently requires that the political composition of the five-member State Election Commission be three members of the majority party and two members of the minority party.\u00a0 In 2008, the majority party changed prompting the need to replace one Democrat on the state board with a Republican.\u00a0 The terms of office for State Election Commission board members, however, are on a four-year cycle, which is in conflict with state law given the shift in power.<\/p>\n

\u201cThe Republican Party, now holds the largest number of seats in the General Assembly,\u201d said Senate Majority Leader Mark Norris (R-Collierville), sponsor of the bill.\u00a0 \u201cIn order to reflect the new majority and comply with state law, we propose to temporarily add two new Republicans to the mix.\u00a0 The Democrats are in mid-term and won\u2019t go gracefully.\u201d<\/p>\n

Under the bill, SB 547, the new members would rotate off in two years when their terms of office expire.\u00a0 The make-up of the board would consequently return to a five-member status after that time.<\/p>\n

Tennessee law also requires county election commissions to reflect the change in majority status by giving Republicans three members of the five-member boards statewide.\u00a0 Those terms of office will be up next month.<\/p>\n

Finally, the Senate State and Local Government Committee approved legislation sponsored by Senator Doug Overbey (R-Maryville) requiring that a convicted felon must pay all fines and court costs imposed before being eligible to have their voting rights restored.\u00a0 Currently, a person convicted of a felony must be pardoned, discharged from custody or supervision, and have paid all restitution to the victim of the offense to have their rights of suffrage restored.\u00a0 This legislation, SB 440, would add the payment of fines incurred as a result of the felony as a condition for restoring the right to vote.<\/p>\n

Legislation approved by Judiciary Committee strengthens rights of property owners<\/strong><\/em><\/span><\/p>\n

The Senate Judiciary Committee has approved legislation sponsored by Senator Randy McNally (R-Oak Ridge) to strengthen the rights of property owners in cases of eminent domain.\u00a0 The potential for abuse of government power in cases of eminent domain has been a growing concern for citizens nationwide in recent years, particularly after the U.S. Supreme Court ruling, Kelo v. New London, which opened the floodgates.\u00a0 The 5-4 high court decision condoned the rights of local governments to take private property for public use in the name of economic development.<\/p>\n

After the Kelo case, many state legislatures moved into action in 2006 to improve their eminent domain laws, including Tennessee.\u00a0 The legislation, SB 521 and SB 522, approved by the Judiciary Committee would further strengthen that law to provide additional checks and balances to protect citizens from abuse.<\/p>\n

Tennessee\u2019s 2006 post-Kelo law reiterated that a \u201ctaking\u201d must be for \u201clegitimate public use.\u201d\u00a0 It prohibited land used predominantly for agriculture production from being considered a blighted area.\u00a0 It increased notification requirements for eminent domain action from 5 to 30 days, allowing land owners to receive a fair hearing in court with time to prepare their case and provided for attorney\u2019s fees if the property owner is successful.\u00a0 It also required government entities seeking eminent domain action to deposit moving and other expenses into an account for the owner of land seized through eminent domain.\u00a0\u00a0 The bill approved by the Committee this week would further strengthen that law by providing that approval must be given for eminent domain \u201ctakings\u201d by the locally-elected governing body.\u00a0 It also gives property owners the right of first refusal to buy back property from an eminent domain taking if it is not used for the purpose for which it was taken within ten years.<\/p>\n

\u201cThe protection of homes and small businesses and other private property against unreasonable government seizure is a fundamental principle of our form of government,\u201d said Senator McNally.\u00a0 \u201cThese two additional protections will provide the checks and balances needed to make help safeguard against abuse.\u201d<\/p>\n

Senate Education Committee hears update on efforts to improve students\u2019 health<\/strong><\/em><\/span><\/p>\n

The Senate Education Committee heard testimony this week regarding the state\u2019s Coordinated School Health Program\u2019s efforts to improve the health of students in Tennessee.\u00a0 Coordinated School Health Director Connie Givens told the committee that the program is a national model that is making a significant difference to help Tennessee children make healthy choices and improve student performance.<\/p>\n

Tennessee ranks among the highest states in the nation for the incidence of heart disease, stroke and diabetes.\u00a0 Forty-one percent of students in the state\u2019s schools are overweight or obese.\u00a0 These adolescents have a 70 percent chance of becoming overweight adults who are subject to these life-threatening health conditions.<\/p>\n

Beginning as a pilot project, the program was implemented statewide in 2006.\u00a0\u00a0\u00a0 That legislation was sponsored by Senator Bill Ketron (R-Murfreesboro), General Welfare, Health and Human Services Chairman Rusty Crowe (R-Johnnson City), Senator Steve Southerland (R-Morristown) and Speaker Pro Tempore Jamie Woodson (R-Knoxville), among others.\u00a0 It provided for a Physical Education Specialist and a Coordinator of School Health position within the Tennessee Department of Education and called for 90 minutes of physical activity for K-12 students.<\/p>\n

There are eight components to the Coordinated School Health Initiative including health education, physical activity, nutrition services, school health services, counseling, a healthy and safe school environment, community involvement and health promotion for school staff.\u00a0 The program also partners with other health care agencies to provide a vast array of health screening services to accomplish those goals.\u00a0 Givens said the results of the program have included reduced absenteeism, improved academic performance and higher graduation rates.<\/p>\n

Research shows that poor health habits in children are associated with poorer academic achievement.\u00a0 It also shows schools that offer intense physical activity programs have shown positive effects on student academic achievement.<\/p>\n

The Committee, in partnership with the American Heart Association, also honored three Tennessee schools for excellence in implementing the Coordinated School Health Law.\u00a0 Lincoln County High School received \u201chighest honors\u201d for outstanding achievement by a Tennessee high school, E.O. Coffman Middle School in Lawrence County received the award for excellence in a junior high school, while North Stewart Elementary School in Stewart County topped the list for elementary schools.<\/p>\n

Turning the tide on Tennessee\u2019s disturbing health status to help future generations make healthy choices is important not only to improve the health of individuals but also for the economic health of the state due to rising health care costs.<\/p>\n

Finance Official Updates Senate Finance Committee on Federal Stimulus Money<\/strong><\/em><\/span><\/p>\n

State Finance Commissioner Dave Goetz appeared before the Senate Finance Committee this week where he continued to urge caution regarding the stimulus money coming to the state through the federal U.S. Economic Recovery Act.\u00a0 The state has revised its statistics on how much will be coming into Tennessee to $4.5 billion over a two-year period.\u00a0 Earlier predictions were in the $3.8 billion range.<\/p>\n

Goetz said he is cautioning leaders at all levels of government in Tennessee to remind them it is a temporary assistance plan and that if recurring expenses are involved to expect the money to disappear at the end of the two-year period.\u00a0 He also said the federal government is issuing guidance on how the money must be spent daily and that there is nothing to prohibit the federal government them from changing its mind at any time regarding those rules.<\/p>\n

Senate Majority Leader Mark Norris questioned Goetz and Department of Transportation Commissioner Gerald Nicely about the need to implement an orderly process to the lawful expenditures of stimulus funds.<\/p>\n

\u201cThe State Constitution mandates that all expenditures are subject to appropriation by the Legislature,\u201d said Leader Norris.\u00a0 \u201cThe governor has given us his word that he will comply.\u201d<\/p>\n

Issues in Brief<\/strong><\/em><\/span>
\n
\nHunting and fishing rights \/ SJR 30 <\/strong>— The Senate Judiciary Committee approved a resolution this week to amend Tennessee\u2019s Constitution to protect the rights of citizens to hunt and fish.\u00a0 The measure will be voted on in the same manner as the “Victim’s Rights Amendment” in 1998, the \u201cState Lottery Scholarship Amendment\u201d of 2002, or the recent amendment to give property tax relief to the elderly.\u00a0 The measure was approved in the 105th General Assembly but must pass by a two-thirds majority in the current legislature before citizens can expect to see the resolution on the ballot in November 2010.
\n
\nAbortion \/ SJR 127<\/strong> \u2013 Legislation was filed on Monday by Senator Diane Black (R-Gallatin) to give Tennesseans the opportunity to restore their voice in determining what state law should be regarding common sense protections for abortions.\u00a0 SJR 127 passed the State Senate overwhelmingly last year but failed along party lines with Democrats voting against the measure in a House Subcommittee.\u00a0 The resolution addresses a State Supreme Court decision in 2000 that struck down provisions in Tennessee law allowing women to receive \u201cinformed consent\u201d information about the surgery and to wait 48 hours before they receive an abortion, making Tennessee more liberal than the courts required in Roe v. Wade.\u00a0 The earliest this amendment, if approved, could go to voters is 2014.
\n
\nCoal Fly Ash<\/strong> \u2013 Legislation was presented by Senator Tim Burchett (R-Knoxville) to the Senate Environment Committee this week to ban the future storage of coal fly ash in lagoons.\u00a0 The bill, SB 1559, would prohibit the State Conservation and Environment Department from issuing a permit for disposal of fly ash in holding ponds.\u00a0 It also prohibits issuance of a permit in landfills unless they contain a liner for protection of groundwater and are capped properly.\u00a0 Debate on the bill will continue in the committee next week.<\/p>\n

Vacancies \/ County Commissioners<\/strong> — The full Senate passed legislation this week to correct a problem arising from an interpretation of a 2008 law that revised procedures for filling vacancies by a county commission.\u00a0 That law required a county commissioner to resign from the county commission if they accept an appointment made by that governing body.\u00a0 Some attorneys have interpreted this to include any appointments made by the county commission, including internal appointment to boards and committees, such as budget and finance committees, beer boards, ethics committees etc.\u00a0 The legislation, sponsored by Senator Doug Overbey (R-Maryville) clarifies that it was not the intent of the 2008 law to prevent a county commissioner from serving on any board or commission if he or she could lawfully serve on that board prior to the act.<\/p>\n","protected":false},"excerpt":{"rendered":"

Senate State and Local Government Committee approves election integrity bill and legislation honoring Republican Majority on State Election Commission NASHVILLE, TN:\u00a0 Legislation protecting the integrity of elections in Tennessee overcame its first hurdle towards passage this week with approval by the Senate State and Local Government Committee.\u00a0\u00a0 The bill requires voters to provide photo identification […]<\/p>\n","protected":false},"author":6,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"ngg_post_thumbnail":0,"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":false,"jetpack_social_options":{"image_generator_settings":{"template":"highway","enabled":false},"version":2}},"categories":[198],"tags":[737,738,739,740,741,742,743,70,744,745,746,747,748,749,750],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"","jetpack_shortlink":"https:\/\/wp.me\/p4xGYI-d1","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/www.discoverclarksville.com\/articles\/wp-json\/wp\/v2\/posts\/807"}],"collection":[{"href":"https:\/\/www.discoverclarksville.com\/articles\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.discoverclarksville.com\/articles\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.discoverclarksville.com\/articles\/wp-json\/wp\/v2\/users\/6"}],"replies":[{"embeddable":true,"href":"https:\/\/www.discoverclarksville.com\/articles\/wp-json\/wp\/v2\/comments?post=807"}],"version-history":[{"count":3,"href":"https:\/\/www.discoverclarksville.com\/articles\/wp-json\/wp\/v2\/posts\/807\/revisions"}],"predecessor-version":[{"id":811,"href":"https:\/\/www.discoverclarksville.com\/articles\/wp-json\/wp\/v2\/posts\/807\/revisions\/811"}],"wp:attachment":[{"href":"https:\/\/www.discoverclarksville.com\/articles\/wp-json\/wp\/v2\/media?parent=807"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.discoverclarksville.com\/articles\/wp-json\/wp\/v2\/categories?post=807"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.discoverclarksville.com\/articles\/wp-json\/wp\/v2\/tags?post=807"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}