Press Release from Rep. Jim Hackworth

Rep. Jim Hackworth - House District 33

IMMEDIATE RELEASE June 1, 2007
House Passes Tough Public Smoking Measure,
New BEP 2.0 Funds, School Accountability Plan
Surprise Amendment Adds Two Cents to BEP 2.0 Funding Mechanism

NASHVILLE (June 1) – As the days draw to a close for the first session of the 105^th General Assembly, the House of Representatives is quickly advancing dozens of bills through the legislative committee process to the lower chamber for final action.

Several landmark measures passed in floor votes this week, including BEP 2.0, the state’s reformed school funding formula. The other major bill, also historically important, authorizes a very popular workplace smoking ban, according to Rep. Jim Hackworth, D-Anderson County.

Following the Memorial Day holiday, Gov. Phil Bredesen released his $221.9 million supplemental appropriation amendment for fiscal year 2008. Including the budget amendment, the total proposed state budget is $28 billion. The core focus of the governor’s revision is BEP 2.0, which changes the Basic Education Plan (BEP) for K-12 schools.

School funding is presently based on a cost-differential factor that totaled up each local school system’s expected financial contribution. The revised BEP instead uses calculations of total assessed property and total local option sales tax collections from each of the state’s 95 counties.

“Lawmakers have long advocated addressing the funding and fairness shortfalls in the current BEP, in addition to demanding more accountability from our public schools. We’re putting in place a long term funding mechanism which is transparent. From that baseline, the governor and legislators can realistically determine how much state money each district requires,” said Hackworth.

The plan’s success initially depended on the 40-cent cigarette tax hike proposed by the governor earlier this year. An estimated $140 million generated from higher cigarette taxes is earmarked to pay the state’s full share of funding to school systems with high student growth and large populations of “at-risk” students.

During Thursday’s session, however, the state Senate added two cents to the governor’s cigarette tax proposal, bringing it to 42 cents. The extra pennies go to funding much-needed trauma centers in the state.

Although education especially benefits from the cigarette tax hike, $21 million is earmarked for agriculture enhancement grants and $10 million for smoking cessation programs. The governor’s entire appropriations bill totals $1.136 billion, including the supplemental appropriation amendment and federal money.

The state’s Revenue Fluctuation Fund, or “rainy day fund,” receives an extra $200 million, pushing state savings to a record $733.5 million.

Lawmakers also passed a related bill in final action that demands accountability from public schools in return for more state funding under BEP 2.0. “The state must aggressively intervene with failing schools and fix their problems. Schools of education in our state universities must emphasize professional training more than academic theory,” said Hackworth.

This far-reaching bill allows the state Department of Education to take over failing schools at least two years earlier than presently allowed. Principals face stricter performance standards by local education agencies (LEAs). Plus, teacher competency is assessed once every two years, instead of twice every 10 years.

“Most important, the measure gives school districts more power to create staffing incentives, including pay differentials for mathematics and science teachers, or for teachers based in certain schools,” continued Hackworth.

Principals are also given greater authority over school budgets and administrative staffing decisions. LEAs, in turn, must report annual school improvement plans to the state Department of Education for evaluation.

Another significant provision requires the state Board of Education, Department of Education and Tennessee Higher Education Commission to evaluate and issue reports on public university teacher training program effectiveness. These assessments look at teacher placement and retention rates, plus subject competency and preparedness,” said Hackworth.

In another floor vote, the House approved the “Non-Smoker Protection Act of 2007,” the first successful bill in Tennessee history that bans smoking in enclosed public places. Because of concerns about property rights, the measure lists a number of exceptions. These include:

Businesses with three or fewer employees;

Tobacco shops and tobacco product manufacturers;

Outdoor patios at restaurants, or non-enclosed areas of such businesses as auto mechanic shops;

Private clubs;

Places that are age-restricted, and nursing homes;

Private homes and vehicles, unless used for child care;

Commercial trucks when the driver smokes and is the only person on board; and,

Hotel and motel designated smoking rooms.

“If this bill is enacted into law, Tennessee would follow 21 other states in banning workplace smoking. About 27 percent of the state’s residents smoke, raising health-care costs about $2 billion because of tobacco-related disabilities. This legislation isn’t perfect, but it’s important to protect as many lives as possible,” concluded Hackworth.

The House bill imposes a fine of $50 to $350 for persons who knowingly smoke in an enclosed public area. Law enforcement officers are authorized to issue citations.

CONTACT: Kenneth Townsend, Press Secretary, House Democratic Caucus, at
615-741-6620 or email kenneth.townsend@legislature.state.tn.us