This year in the Tennessee General Assembly, we are considering several bills that could curb illegal immigration in our state, and de-magnetize Tennessee as a haven for illegal aliens. Across the country, states are implementing some of the measures that are before us, and I am committed to making sure that this legislation receives a fair hearing and careful consideration. Our federal government has shown they are not committed to this issue, so we must take action on the state level. Verifying photo identification to register to vote, requiring photo identification to vote, verifying legal status to receive public benefits, English-only driver's license exams, and clarifying that employers can ask employees to speak English on the job are a few of the proposals that your representatives will be discussing over the next couple of months.

Many of the proposals require photo identification or the verification of legal status to vote, register to vote, or receive public benefits. At the core of these proposals is a simple concept: you must be a legal citizen of the United States in order to enjoy these rights and benefits. The Commission on Federal Election Reform, led by former secretary of State James Baker, recommended two years ago to require photo identification at the polls in order to curb voter fraud. The Commission realized, as many of us do, that when we are discussing something as important as choosing those who represent us and impact our lives on a constant basis, it is vitally important that your vote counts. In the same vein, legal citizens are eligible for public benefits based on the presumption that they are part of the tax base, and are the contributors of these funds. For someone who does not contribute these funds to request public assistance is not only wrong, but also fiscally irresponsible. The state cannot support those who are not contributing-they must support those who are.

Although it only costs $1.49 to produce a photo ID, some opponents of the proposals described above argue that the photo ID requirement will complicate the voting and public benefits process and place too much of a burden on those who cannot afford such an ID. I agree that obtaining a state issue photo ID should be simple and easy, and of course we would not want to eliminate a legal resident of this state from exercising their right to vote. But after all, your local library requires you have a photo ID and proof of residency in order to be granted a library card!

I am not trying to prevent legal citizens from exercising their right to vote, or to ask for public assistance if it is needed. Even in states that have these photo ID requirements, are people turned away who cannot produce valid photo identification? No, all states have some sort of recourse for voters without it-and we should ensure that is the case in Tennessee. But there is nothing more common sense than proof of identity. Every Tennessean deserves to know, particularly with regard to the photo ID to vote requirement-that their vote will count and will not be canceled out by ineligible votes.

In the same vein, I am also supporting two other pieces of legislation that will go a long way in curbing illegal immigration: English-only driver's license exams, and an "English in the Workplace" bill. I strongly believe that our driver's license exams should be given in English, and only in English, to ensure the safety of other driver's on the road. We all know that important information is on signs along our roadways, and it is imperative that driver's can read, understand, and comprehend these statements quickly enough to act on them. A driver's license is not a right, but a privilege granted to the citizens of this state-it is perfectly reasonable that the state require English-only exams because the safety of everyone else on our roads and highways depends on an understanding of the rules of the road.

A final piece of legislation I am lending my support to is one that will clarify that it is not against the law for businesses to require that English be spoken on the job, or the "Protecting English in the Workplace" bill. This legislation would have no bearing during lunch hours or other designated breaks, but would simply be a law designed to protect business from the frivolous lawsuits that can emerge when private businesses set policies perfectly within their rights. Our own Senator Alexander had similar legislation on the federal level, believing that much of this proposal hinges on the safety of other workers.

For many businesses, requiring English is a safety precaution. Businesses where employees are continuously handling toxic products or food containers sometimes need to require English so that workers can read and understand important labeling information. Other businesses, for example factories, have signs displayed in English that communicate critical safety information. It is these necessary business practices that we are trying to protect if "Protecting English in the Workplace" is eventually passed.

These are important issues, and I have heard from many of you within the district that they are important to you, your safety, your vote, and your businesses. I agree with you that everything should be done on the state level to ensure that our state is not a magnet for illegal aliens. Because of federal inaction, we must take this issue seriously here in Tennessee. Over time, we also need to seek to improve the relationship of how local and state law enforcement work with federal immigration authorities to deal with illegal immigrants who have been arrested. I have pledged my full support of these measures, and I look forward to fighting for them as they move through your House of Representatives.

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After months of uncertainty while the United States Congress wrangled over details of the American Recovery and Reinvestment Act (ARRA), the Governor presented his initial budget proposal Monday night to a Joint Convention of the House and Senate. Because of the unprecedented economic situation facing Tennessee, the Governor is proposing a multi-year approach, and laying out possibilities for the next four years. He explained that much of the ARRA money, which totals approximately $5 billion over two years for Tennessee, comes with strings attached and has essentially already been earmarked by Congress. According the Administration, about "two-fifths" of the money are "Tennessee" funds-monies that will allow the state some leniency regarding where to use them- while the remainder are "Congressional" funds that have multiple strings attached.

Of the $2.1 billion in "Tennessee" funds, more than half will temporarily foot the bill for TennCare-the state's Medicaid program-to free up the state dollars to fund programs elsewhere. While other states will be required to use this money to plug holes in their Medicaid programs, TennCare is in a stable position. Additionally, TennCare had approximately $500 million in their reserve account at the beginning of the year.

Although large reductions were expected in higher education, the ARRA dedicates $500 million specifically to higher education, meaning that the anticipated cuts are no longer necessary. Reductions that had already taken place will now be restored to the tune of $100 million this year.

The budget proposal stipulates that higher education will be fully funded for the next 21 months from stimulus funds. However, House members expressed prudence when discussing changes to the higher education system, which will be facing a possible $180 million shortfall in the future. House leaders have expressed their desire to leave nothing off the table when discussing possible different approaches to higher education.

One of the priorities that the Governor said the Administration will focus on is keeping the state's Unemployment Trust Fund solvent. Although the Governor considered turning down the unemployment portion of the federal stimulus package, citing as a concern the obligation to continue higher spending when the federal money runs out in two years, the state will accept the $141 million injection to the Unemployment Trust Fund.

Accepting the money will mean that Tennessee has to adopt three federal mandates at a projected outflow of $30 million annually. A part-time worker definition, alternative wage base calculations and dependents allowance must be adopted by the General Assembly in order to qualify for the stimulus funds. Some lawmakers are cautioning that if adopted, there may be a need to end these mandated benefits once the federal monies are exhausted to sustain the fund in the future.

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Tennessee revenue collections continue to fall short of budgeted estimates. Overall March revenues, which reflect February sales, came in $106.2 million less than the state budgeted for, with collections totaling $779.5 million.

"March is the eighth consecutive month this fiscal year in which sales taxes and corporate income taxes have recorded negative growth over a year ago." Goetz said. "March also becomes the thirteenth negative growth month for sales tax collections out of the last fifteen months, starting with January 2008." On an accrual basis, March is the eighth month in the 2008- 2009 fiscal year.

The general fund was under collected by $100.4 million and the four other funds were under collected by $5.8 million. Sales tax collections were $57.7 million less than the estimate for March. The March growth rate was negative 8.94%. For eight months revenues are under collected by $392.4 million. The year-to-date growth rate for eight months was negative 6.32%.

Franchise and excise taxes combined were $34.8 million below the budgeted estimate of $166.5 million. For eight months revenues are under collected by $201.4 million.

Gasoline and motor fuel collections for March decreased by 5.82%. For eight months revenues are under collected by $36.8 million.

Tobacco taxes collections were $4.3 million under the budgeted estimate of $28.0 million. For eight months revenues are under collected in the amount of $8.9 million.

Year-to-date collections for eight months were $698.0 million less than the budgeted estimate. The general fund was under collected by $643.6 million and the four other funds were under collected by $54.4 million.

The budgeted revenue estimates for 2008-2009 are based on the State Funding Board's consensus recommendation adopted by the second session of the 105th General Assembly in May of 2008.

The revised estimates for this fiscal year as presented in the 2009-2010 budget document assume an under collection in total taxes in the amount of $1.1 billion. The General Fund under collection is projected to be $1.03 billion.

By tax source, the assumed under collections are: sales tax $544.2 million; F&E taxes $336.1 million; privilege taxes $80.6 million; income tax $58.0 million; highway fund road user revenues $48.6 million, and a net under collection of $40.0 million from all other tax sources.

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The State and Local Government Committee heard testimony this week concerning the "wine in grocery stores" bill, which has emerged as one of the key issues this year. While the fate of the bill is unclear, the legislation has spurred discussion over Tennessee's liquor laws.

The bill would essentially create a "wine at retail food store license," which would allow the sale of wine at retail food stores. The license would be issued by the Alcoholic Beverage Commission and only in a county or municipality that has authorized the sale of alcoholic beverages. Businesses who obtain the license would still be subject to rules and regulations governing current liquor and beer laws, and would also be subject to the "Responsible Vendors Act," which requires mandatory carding.

Much of the testimony in favor of allowing wine in grocery stores centered around the possible revenues the state and local governments would receive if the bill is passed. The Fiscal Review Committee is estimating that passage of the bill would mean $16 million for the state's General Fund, and an $11 million boost for local government revenues.

The Sheriff of Madison County testified against the bill, stating that he believed the legislation would lead to an increase in underage drinking, and to an increase in crime and panhandling outside of convenience stores. In the same vein, a liquor store owner projected he would lose 15 to 20 percent of his revenues if the bill passed, resulting in the loss of one full time employee and possibly an additional part time employee.

The bill's fate has yet to be decided, as neither the House nor the Senate has officially taken the legislation up for members' debate. The Associated Press performed an informal poll of every member of the General Assembly last week, with the results showing 23 members were supportive, 31 members were against the legislation, and 78 members were undecided.

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The Tennessee State Capitol turned 150 years old this year, and the State Museum marked the anniversary with a special exhibit to showcase the history of the capitol building, which was completed in 1859. The special exhibit at the state museum, "The People's House: A Temple of Democracy 150th Anniversary of the Volunteer State Capitol," went on display April 1st.

The State Capitol building was designed by architect William Strickland, who died in 1854 prior to its completion. His son, F.W. Strickland, oversaw the structure's completion. William Strickland is currently interred in the building's northeast corner of the Capitol building. Although Strickland had a hand in many other notable structures, he often considered the Capitol-which he designed to resemble a Greek Ionic Temple-his crowning achievement. Other Nashville buildings designed by Strickland include Alken Hall at Belmont University, St. Mary's Cathedral, Downtown Presbyterian Church, and the Nashville City Cemetery.

The building was utilized during the Civil War, which broke out shortly after it was completed. The Union used the Capitol building as a fort and barracks beginning in 1862, and later as an army hospital. Andrew Johnson, who was Military Governor at the time, actually ran state government from within the heavily fortified walls.

The State Museum's exhibit includes artifacts and documents from the building's rich history. Having stood for a century and a half, the building has been the center of some of Tennessee's most notable time periods. In 1866, the Tennessee General Assembly voted to ratify the 14th Amendment to the United States Constitution, which granted African-American citizenship and paved the way for Tennessee to be readmitted to the Union. African-American men in Tennessee won the right to vote in 1867 via a law passed by the General Assembly, three years before the 15th Amendment to the U.S. Constitution was ratified granting the right nationwide in 1870.

One of the most noteworthy incidents in state history took place in 1920, as the Tennessee General Assembly gathered to ratify the 19th Amendment that gave women the right to vote. After several procedural votes failed in ties, a young representative from McMinn County changed his vote and the amendment was ratified. Representative Harry Burn later said his mother had sent him a letter asking him to support the amendment, prompting him to change his vote.

Tennessee's rich history will be on display at the State Museum until August 9, 2009. Exhibits include an original letter from David Crockett written in 1834, while he served as a Tennessee Congressman, a flag carried by Fifth Confederate Regiment from 1862- 1864, and the inaugural gown worn by First Lady Betty Dunn in 1971.

The Tennessee State Museum, located at Fifth and Deaderick streets in downtown Nashville, is open 10 a.m. to 5 p.m. Tuesday through Saturday and 1 p.m. to 5 p.m. on Sunday. The museum, which is closed on Monday, is free and open to the public.

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Pro-life House members scored a major victory this week, as Senate Joint Resolution 127 passed out of the Health and Human Resource Committee with a 20 to 7 vote on Tuesday. Senate Joint Resolution 127 will restore the Tennessee constitution back to a posture of neutrality on the issue of abortion, allowing the people of Tennessee to retain the right through their elected officials to repeal or enact laws governing abortion within federal constitutional limits.

The constitutional amendment is in response to the 2001 Tennessee Supreme Court decision in Planned Parenthood vs Sundquist, when the court created a right to unregulated abortion. The decision also prohibited the Tennessee legislature from enacting any regulations governing abortions, arguably making Tennessee the most liberal in the nation with regards to abortion laws.

Although the constitutional amendment has achieved passage in the Senate before, it has never cleared the hurdle of the Public Health Subcommittee in the House. First proposed in 2001, the resolution will now be presented in the Budget Subcommittee. Members have argued for several years that SJR 127 would simply allow the people of the state to weigh in on the issue. The sponsor said there was a "powerful and pivotal passage in our state's constitution which stated that power was inherent in the people," and argued that in the past, the initial vote of six in a subcommittee silenced six million Tennesseans.

If passed this year by the 106th General Assembly by a simple majority, it must pass the 107th General Assembly by two-thirds before appearing on the ballot in 2014.

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The Civil Practice and Procedure Subcommittee hosted a presentation this week, asking the question: "Is the Tennessee Plan constitutional?" Judge Holly Kirby of the Tennessee Court of Appeals and Brian Fitzpatrick, Assistant Professor of Law at Vanderbilt Law School, made presentations.

The Tennessee Plan is the mechanism by which the state appoints judges to the State Supreme Court, the State Court of Appeals, and the State Court of Criminal Appeals. When the plan was implemented in the 1970's, advocates hailed the plan as a way to keep partisan politics out of the judiciary.

The Judicial Selection Commission, a panel composed of 17 members, offers the Governor a slate of three candidates to fill a vacancy on the court. If the Governor rejects all three candidates on the first slate, he can request another. If this occurs, the Governor must then make a selection from that list of prospective nominees. After being appointed, judges are subject to "yes/no" retention votes every eight years.

Fitzpatrick said he firmly believes the Tennessee Plan and the Judicial Selection Commission is unconstitutional. He pointed out that should the legislature decide they prefer the commission and the subsequent retention vote, a constitutional amendment would be necessary-which would require not only the approval of two General Assemblies, but also a voter referendum.

Judge Holly Kirby suggested in her testimony that the legislature should look to the intent of the writer's of our State Constitution. Did they, she asked, intend to limit the power and authority of the legislature to determine the type of elections for appellate judges? She argued that the judicial and executive branches have the most limited authority, and the broadest possible authority was granted to the legislative body, which directly represents the people of this state.

At the center of the debate over the Judicial Selection Commission is the provision in the constitution that states, "The judges of the Supreme Court shall be elected by the qualified voters of the state." The state Supreme Court has ruled that the yes/no retention vote qualifies the system as constitutional, but the debate came to a head in 2007, when the Governor rejected the first two slates of candidates given to him by the Judicial Selection Commission. His actions prompted questions as to whether or not the system was effective and relevant.

The Judicial Selection is currently in "wind-down" due to legislature failing to pass a bill last year extending it. Unless legislation passes this year to extend the commission, it will cease to exist as of June 30, 2009.

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• House committee discusses "Secret Ballot Protection Act of 2009" - The House Employee Affairs Subcommittee heard testimony this week regarding the "Secret Ballot Protection Act of 2009." The legislation is an initiative that seeks to preserve the right of voting by secret ballot when it comes to deciding whether or not to elect an exclusive bargaining representative. The sponsor argued that the bill is a counter measure to the Democrats' dangerous card check legislation, which could possibly subject employees to intimidation by making any vote for a union public. Many members also believe the right to a secret ballot is sacred whether in the voting booth or in the workplace and that the bill is consistent with Tennessee's Constitution and court decisions that provide that all elections in Tennessee shall be by a method guaranteeing ballot secrecy.
• House Joint Resolution 149 passed out of the Conservation and Environment Committee this week, and continues its journey to the House floor. The constitutional amendment, which gives Tennesseans the right to hunt and fish, will now face the Budget Subcommittee. If it passes this General Assembly with a 2/3 majority vote, it will appear on the ballot in 2010 in a voter referendum.
• House Bill 1820 passed out of the Budget Subcommittee this week and will be presented next week in the House Finance, Ways and Means Committee. The legislation will allow the TBI to digitize sex offender files and also stipulates that the digitized copy is to be considered the same as an original for all purposes, including introduction into evidence.
• The State and Local Government Committee passed House Bill 1549 to the Finance, Ways and Means Committee this week, which will clear up ambiguities in the "Grape and Wine Law." The Sixth Circuit Court of Appeals had concerns that some provisions in the statute violated the Interstate Commerce Law. The bill clarifies that winery license holders do not have to be Tennessee residents to be issued a license, and that Tennessee grapes do not have to be used.
• House Bill 815 passed the House floor on Monday evening. Currently, it is a misdemeanor to point a laser pointer with the intent to place a law enforcement officer in fear of serious injury or death who is performing official duties. This bill extends the law to cover firefighters, EMTs, or any other emergency management personnel.
• House Bill 738, the "Tennessee Energy Conservation Endorsement Act of 2009," was passed out of the Utilities and Banking Subcommittee this week. The bill classifies the "engaging in energy conservation programs and measures that conserve, as well as distribute, electrical energy and supplies of natural gas, oil and other fuels" as a proper and essential function of public utilities. The legislation also authorizes the Tennessee Regulatory Authority (TRA) to develop energy conservation programs. The bill will next be heard in the full House Commerce Committee.
• The Health and Human Resources Committee passed House Bill 1552, which would prohibit universal mental health or socio-emotional screening on children unless a parent or guardian gives consent. The bill also stipulates certain limited situations where consent from a guardian is not needed such as a court order, an emergency situation, or testing done as a result of a disaster or epidemic. The bill now faces the House Calendar and Rules Committee.
• House Bill 962, which would allow licensed carry permit holders to carry firearms into restaurants, passed on the House floor last week with a vote of 70 to 26. The legislation does have a provision that prohibits the firearms in restaurants after 11:00 p.m., and also allows individual restaurants to post signs stating they do not allow firearms.
• The House has, for many years, published a weekly "Legislative Manual" that contains every bill number and a short summary of each piece of legislation, and made one available to all 99 members. Because the cost for producing the books is $90,000, and because the information is available online, lawmakers proposed House Bill 2357, legislation that would end the publication for cost- saving reasons. The bill passed out of the State & Local Government Committee yesterday, and was amended to clarify that any member of the House will be provided one upon request only.
• Legislation that would prohibit sending or reading text messages while driving cleared the Transportation Committee last Tuesday. House Bill 107 will now move onto the Budget Subcommittee, where it will likely pass due to the positive fiscal note, or an increase in revenue. Transportation Committee members discussed the possibility that texting while driving fell under the "distracted driving" statute, but ultimately determined that the legislation would clarify the law and allow law enforcement some discretion.
• House Bill 1911 cleared the House K-12 Subcommittee last week, and will make it easier for military children to transfer between schools. The bill adds Tennessee to the Interstate Compact on Education Opportunity for Military Children, which assists children of active military personnel in making a smooth transition from school to school. The sponsor said Tennessee has about 26,000 students who would be affected by the legislation. Fourteen states are already part of the compact, which covers issues ranging from transfer of records to inclusion in extracurricular activities.

Thursday, April 16, 2009
9:00 a.m. - House in Session - House Chambers

Monday, April 20, 2009
5:00 p.m. - House in Session - House Chambers

Thursday, April 23, 2009
9:00 a.m. - House in Session - House Chambers

Click to View - House Full Schedule & Calendars

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rep.joshua.evans@capitol.tn.gov

Phone: 615.741.2860

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Springfield, TN 37172

joshua@repjoshuaevans.com

Phone: 615.948.1376