Senate Joint Resolution 127, co-sponsored by Representative Joshua Evans, continues its historic journey through the House, having never made it beyond the Public Health Subcommittee until this year. In previous years, Democrats have blocked the constitutional amendment in the subcommittee, a move that some lawmakers argued subverted the right of the people to vote on the measure. This week, the amendment cleared the Finance, Ways and Means Committee after Secretary of State Tre Hargett stated in a memo that his office will absorb the cost within their existing budget so that the legislature does not have to allocate funds in a time of budget shortfall. On Thursday, SJR 127 moved out of the Calendar and Rules Committee, and is scheduled for a floor vote in the House next Monday evening.

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 regulations governing abortions, arguably making Tennessee the most liberal in the nation with regards to abortion laws.

The provision has already passed the Senate with a 24-8 vote. 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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After hours of debate in various committees, legislation to protect lawful gun owners passed with little discussion on the House floor Monday night. House Bill 959 will exempt the handgun carry permit list from the Open Records Act, but will carry no penalty for entities that do publish the list due to concerns about First Amendment violations.

Tennesseans became outraged when the Commercial Appeal, a Memphis-based newspaper, published the handgun carry permit database in an easily searchable format on their website. Lawmakers criticized the paper, calling the action 'irresponsible' and 'dangerous.' Some House members contended that in addition to printing a list that would make it easier for criminals to steal weapons, non-gun owners were also at risk because it would be easy for criminals to use the database to find homes that likely did not have a firearm.

The Senate companion bill has cleared the Senate Judiciary Committee, and is headed to the Senate floor for a vote.

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Tennessee revenue collections continued to decline in April, once again falling short of budgeted estimates. Finance and Administration Commissioner Dave Goetz reported today that overall April revenues were $1.216 billion, which is $189.6 million less than the state budgeted.

"April is the ninth consecutive month this fiscal year that we've seen negative growth in sales taxes and corporate income taxes compared to a year ago." Goetz said. "In fact, we've seen negative growth in sales tax collections for 14 of the past 16 months - since January 2008." On an accrual basis, April is the ninth month in the 2008-2009 fiscal year.

The general fund was under collected by $164.3 million, and the four other funds were under collected by $25.3 million. Sales tax collections were $74.5 million less than the estimate for April. The April growth rate was negative 9.94%. For nine months revenues are under collected by $466.9 million. The year-to-date growth rate for nine months was negative 6.73%. Franchise and excise taxes combined were $56.6 million below the budgeted estimate of $387.8 million. For nine months revenues are under collected by $258.0 million.

Hall Income tax collections for April were $32.2 million less than the estimate. For nine months collections are $36.2 million less than the budgeted estimate. The growth rate for the nine month period was negative 23.27%. Inheritance and estate tax collections were $3.8 million below the April estimate. For nine months collections are $10.8 million under the budgeted estimate. Gasoline and motor fuel collections for April increased by 0.77%. For nine months revenues are negative 6.22%, and $37.0 million below the budgeted estimate of $641.5 million. Tobacco tax collections were $11.6 million under the budgeted estimate of $30.2 million. For nine months revenues are under collected in the amount of $20.4 million.

Year-to-date collections for nine months were $887.6 million less than the budgeted estimate. The general fund was under collected by $807.9 million and the four other funds were under collected by $79.7 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 $1.06 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; hall income tax $58.0 million; highway fund road user taxes $48.6 million; and a net under collection of$40.0 million from all other tax sources.

The legislature is expected to receive a budget amendment from the Governor's office in the next week that reflects a decline in revenue projections for next fiscal year.

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State Representative Joshua Evans announced today that an Aeronautics Grant in the amount of $49,348 has been approved for the Springfield- Robertson County Airport.

"Our local airports are vital to the economy and travel system of Tennessee," said Governor Phil Bredesen. "Investing in our airports helps keep them competitive and efficient at meeting the needs of businesses and travelers. I'm pleased to support continued improvement at the Springfield-Robertson County Airport."

Funds from this aeronautics grant will be used for the purchase of grounds maintenance equipment. The grants are made available through the Tennessee Department of Transportation's Aeronautics Division.

"This division administers federal and state funding to assist in the location, design, construction and maintenance of Tennessee's diverse public aviation system," reported TDOT Commissioner Gerald Nicely. "We are pleased to continue to support Tennessee's general aviation and commercial airports."

Except for routine expenditures, grant applications are reviewed by the Tennessee Aeronautics Commission (TAC), which is a five member board charged with policy planning and with regulating changes in the state airport system plan.

TAC Chair Larry Mullins explained, "Our board examines the applications carefully to ensure that the proper state and local matching funds are in place and that the grants will be put to good use."

The TDOT Aeronautics Division has the responsibility of inspecting and licensing the state's 126 heliports and 75 public/general aviation airports. The Division also provides aircraft and related services for state government and staffing for the Tennessee Aeronautics Commission.

"The Springfield-Robertson County Airport is important to the economy and growth of our county," said Representative Evans. "I am pleased that these funds have been secured for our area and I will continue to seek grant funding that will help our county and improve our economic and community development."

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As the federal government continues to assert dominance over state budgetary issues, a growing number of states are attempting to pass resolutions reclaiming their state sovereignty. The House took the first step in approving such a resolution, House Joint Resolution 108, with the Civil Practice and Procedure Subcommittee overwhelmingly passing the measure. Representative Evans joins many of his colleagues in sponsoring HJR 108.

The Senate has already approved another version, Senate Joint Resolution 311, with a unanimous vote. Proponents say the resolutions are designed to send Congress a message that the federal government continues to disregard the clear and concise constitutional powers granted to them with regard to the states. The resolutions point out that it was the states that granted certain limited power to the federal government, not the other way around. Those favor of the resolution argue that currently, states are treated as agents of the federal government.

The House version will face the full House Judiciary Committee on Wednesday.

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After dedicating several subcommittee meetings to the discussion of charter school legislation, the K-12 Education Subcommittee moved House Bill 2146 to the full Education Committee, where it will be presented next week. The subcommittee discussed at length this week the pros and cons of expanding eligibility to charter schools. In addition to expanding eligibility to more students, the legislation clarifies funding and addresses rules for renewal of the public charter schools. Tennessee currently has one of the most restrictive public charter school laws in the nation.

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 education agency (LEA) and the charter school. It requires a strenuous approval process by the LEA and an equally tough renewal process of the charter every five years. Many of the speakers that testified before the committee praised Tennessee's stringent accountability measures, that ensure the schools are performing well.

A report released last year by Tennessee's Comptroller's Office titled "Tennessee's Charter Schools: Issues of Innovation and Sustainability," found student eligibility restrictions and limited facilities funding may compromise the long-term viability of individual charter schools and recommended many of the changes included in the bill. The report recommended that the General Assembly consider making eligibility for charter school enrollment less restrictive and consider more precisely defining state and local charter school facilities funding responsibilities. In addition, the report recommended that the state should also identify charter schools' best practices and implement a system for disseminating that information to traditional schools.

Tennessee now has 15 public charter schools, with six more opening in the fall. Of those 22 schools, Nashville will have five, Chattanooga will have two, and Memphis will have 15. The Memphis City School System also is converting four schools to charters this fall.

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Three crime bills passed out of the House Judiciary Committee this week, and are now headed to the Budget Subcommittee. Despite having fiscal notes, the sponsors said the measures are desperately needed for the safety of Tennesseans to keep violent repeat offenders off the street.

House Bill 241 aims to keep violent offenders incarcerated longer than they are currently required. If passed, someone convicted of aggravated robbery- whether it is a first offense or not-would be require to serve no less than 85 percent of their sentence. House Bill 525 broadens the offense of first degree felony murder to include the killing of another person while committing domestic abuse if there was a past pattern of abuse of the victim or of another member of the victim's family. In the same vein, House Bill 526 increases the penalty for a fourth or subsequent violation of domestic assault to a Class E felony. Domestic assault is currently punished as assault which can be either a Class A or Class B misdemeanor.

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For the third week in a row, the Elections Subcommittee has killed common-sense voting legislation. House Bill 639 was presented in the Elections Subcommittee last week, and would require photo identification to vote. Proponents of the bill have fought for the provision for several years, arguing that the measure is needed to combat voter fraud and ensure that every vote counts. The legislation eventually died on a tie vote.

The bill is the third common-sense voter legislation to protect the integrity of elections that has been bottled up in the Elections Subcommittee. Another bill, one that would have required proof of citizenship to register to vote, died previously by a tie vote in the same subcommittee. Two weeks ago the subcommittee killed legislation that would have made it easier for military men and women serving overseas to vote by absentee ballot.

Members supporting the legislation will attempt to revive it by moving to pull it to the full committee on Tuesday. The Senate has already passed the Senate version of the bill with an overwhelming 29-3 vote.

Note: Representative Evans serves on the Elections Subcommittee that heard these two bills. Representative Evans voted yes on both bills, and both bills were killed on a party line vote, despite passage with a bi-partisan vote in the Senate.

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The House Education Committee approved legislation this week that would create the Tennessee Math and Science Teacher Service Loan-Scholarship Program for college students who are seeking licensure to teach mathematics or science in a Tennessee public school system. The bill is written to fund the first $1.5 million of the program through private means, and won't be implemented until the goal is reached.

In order to 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.

The legislation is aimed at increasing the number of math and science teachers available to teach in the Tennessee public schools. USA Today reports that a lack of math and science teachers in high schools across the country caused alarm in some school districts. The National Academy of Sciences released a report that raised a number of alarming signs; among them, it reported that the United States imports more "high technology" than it exports, more than half the country's engineering degrees are awarded to foreign-born students, and high school students generally score well below their international counterparts in math and science tests.

A bill that would assist military children in moving from one school system to another also achieved passage in the House Education Committee this week. The sponsor said parents who are deployed to a war zone should not have to worry about their children adjusting to a new educational system. He said military personnel's children who are constantly moved often get lost in the system.

The goal of the legislation is to provide a uniform policy to resolve challenges military children face as they move from one school system to another. Currently, there are 14 states participate in the compact. Tennessee has approximately 26,000 students who would fall under this legislation. Four areas addressed by the compact are enrollment, placement, eligibility, and graduation requirements. Most military children will be in six to nine different school systems during their lives from kindergarten through twelfth grade. Because of the numerous moves, usually during a school year, there are often problems with the transfer of records, graduation requirements being different, being excluded from extra-curricular activities, redundant or missed entrance/exit testing, and kindergarten and first grade entrance age variations. Proponents say the Compact will address these problems.

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• House Bill 2357, a measure proposed to save the legislature money, passed the House unanimously last week. The bill has already passed the Senate, and is now on its way to the Governor's desk. The legislation would eliminate the Legislative Record, a weekly printed book that contains a summary of every bill filed, since the Record is available in a more accurate, up-to-date format on the legislature's website. The bill allows for only one book to be published at the end of the year, potentially saving the legislature roughly $90,000.
• The "Education Pays" proposal passed unanimously on the House floor last Monday night. "Education Pays" seeks to encourage student academic achievement through awarding cash rewards. An "Education Pays reward" is a reward of cash or other thing of value given to students or the parent or guardian of a student or both in recognition of academic achievement. The bill authorizes funding of an Education Pays pilot program through private funds.
• House Bill 431 was passed by the House last week, and seeks to expand the recognition of homeschoolers' diplomas. The bill requires that diplomas issued by home schools be recognized by all state and local governmental entities as having the same rights and privileges of diplomas issued by public school systems. Debate over the bill raged on the House floor for over an hour, after which a motion was made that the Calendar and Rules Committee would set a time to limit debate. After holding a brief committee meeting during a recess on the House floor, House Bill 431 eventually passed with a 61-27 vote.
• House Bill 738, the "Tennessee Energy Conservation Endorsement Act of 2009," was passed out of the House Commerce Committee. 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.
• Legislation that would prohibit sending or reading text messages while driving has passed both the House and Senate. Members discussed House Bill 107 at length as to whether or not 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.
• Secretary of State Tre Hargett has added a new tool to his office's web site to make it easier for people to track pending rules and regulations issued by the state's regulatory agencies, according to officials testifying in the Joint Government Operations Committee. It's now possible to get updates on pending rules and regulations by subscribing to the Pending Rules and Regulations RSS Feed. This new tool complements the current Pending Rules and Regulations Online Database. The new service allows citizens to stay updated on rules that have been filed with the Secretary, to give business owners advance notice of pending rules.
• A bill to curb aggressive driving failed on the House floor last week. House Bill 18 would have created a new violation of aggressive driving if the driver is guilty of at least three driving violations. The bill failed with a vote of 37 to 54.
• House Bill 1346 has passed the full House. The bill 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 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 National Guard member or members.

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Thursday, May 14, 2009
9:00 a.m. - House in Session - House Chambers

Monday, May 18, 2009
4:00 p.m. - House in Session - House Chambers

Thursday, May 21, 2009
9:00 a.m. - House in Session - House Chambers

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207 War Memorial Building
Nashville, TN 37243

rep.joshua.evans@capitol.tn.gov

Phone: 615.741.2860

513 Memorial Blvd, #312
Springfield, TN 37172

joshua@repjoshuaevans.com

Phone: 615.948.1376