Press Release from Rep. Jim Hackworth

Rep. Jim Hackworth - House District 33

IMMEDIATE RELEASE June 15, 2007
House of Representatives Passes Landmark Bills
in Education, Immigration, Child Sexual Crimes
Sales and Property Tax Relief Measures Find Wide Approval

NASHVILLE (June 15) – Several decades from now, Tennessee’s millions of healthy and prosperous citizens may remember this year as a turning point in state history. That’s a fair assessment, since the General Assembly passed many landmark measures that moved Tennessee forward in such areas as education, illegal immigration, child sexual crimes and jobs, according to Rep. Jim Hackworth, D-Anderson County.

As for the state budget, the final appropriation for fiscal year 2007-2008 is $27.8 billion. Education represents up to one-third of the enacted appropriations bill at $588.4 million.

Another major budget item is tax relief, with qualified elderly residents and disabled veterans getting a property tax freeze. In 2006, Tennesseans amended the state constitution to specifically allow such this tax break. About 300,000 residents age 65 or older could have their property taxes frozen at the most recent amount paid. Seniors must also earn less than the median income for elderly residents in the county where they reside. Any action taken by local governments to freeze property taxes is voluntary.

A similar bill increases the income eligibility level to $24,000 annually for elderly residents who receive property tax rebates from the state. Plus, about 4,000 veterans who are 100 percent disabled from any service-related injury may also apply for property tax rebates. The rebate programs are unrelated to the constitutional amendment.

All Tennesseans are receiving a permanent half-cent reduction in the sales tax on food, starting New Year’s Day 2008. “The half-penny cut will save residents about $41 million per year and really help working families and seniors meet their needs and wants,” said Hackworth.

A sales tax holiday is set for Easter weekend, March 21-23, for a full 72 hours. Consumers won’t pay sales taxes for certain school and art supplies and clothing with a retail price of $100 or less, and computers priced $1,500 or less.

Education greatly benefits from an estimated $229.3 million raised by increasing the sales tax on cigarettes to 62 cents per pack. “Even with 42 cents added, the state’s cigarette tax is well below the national average of $1.04 per pack,” said Hackworth. About 90 percent of this new money goes to education, with $21 million dedicated to agricultural enhancement grants. Another $9.9 million helps finance the state’s medical trauma centers.

Appropriations for the Rainy Day Fund stand at $250 million. Total state reserves are projected at $750 million by June 2008.

“Lawmakers laid out our agenda, got to work and achieved our goals. It’s been a very good year for Tennessee. Plus, with our record budget surplus and our state enjoying an economic boom, we thought it was a good time to give back money to the taxpayers,” said Hackworth.

Education
Gov. Phil Bredesen and legislators jointly made education the top state priority this year. They revised the state’s basic education plan (BEP) and renamed the enabling legislation “Schools First,” or BEP 2.0. “With all the funding going to K-12 education, the state has ensured that there shouldn’t be a need for local property tax increases,” said Hackworth. The basic change is that school systems with high growth rates, or more “at-risk” students or English language-learners, are now receiving 100 percent of funding for these contingencies. State government is also picking up 75 percent of teacher salaries, with starting pay raised in steps from $36,700 to $40,000 annually.

BEP 2.0 was developed as a more equitable way to determine the state’s share of funding for public schools in all three grand divisions. Presently, the BEP is a complex funding formula that is based on a cost-differential factor that totaled each local school system’s expected financial contributions.

“The revised formula instead uses calculations of total assessed property taxes and total local option sales tax collections from all 95 of the state’s counties. Legislators want to raise high school graduation rates from 78 percent to 90 percent by 2012. This new funding plan is a good strategy for achieving this goal,” said Hackworth.

Increased state funding for local schools comes with more accountability to state government. Under new accountability guidelines, the state education department can take over failing schools at least two years earlier than present.

“Principals face stricter performance standards by local education agencies, but they also have more power over budgets and staffing. Teacher competency is assessed every two years, instead of twice every 10 years,” continued Hackworth.

A second major change brought by “Schools First” is augmenting the pre-graduation gateway examinations given to high school seniors with three mandatory assessment examinations for grades 8, 10, and 11. School systems may use ACT, SAT WorkKeys or other state-approved tests to gauge mathematics, reading and critical thinking skills.

“This series of tests gives parents, teachers and counselors a diagnostic tool to help plan remedial coursework in an individual student’s academic weaknesses. The student, in turn, has two to three years to improve competencies before taking the gateway examination,” said Hackworth. Every local school system selects the type of assessment examination given to students, but the state pays for administering the tests.

Both at-risk and high-achieving students will gain from a related initiative that allows local education agencies (LEAs) and the state’s higher education institutions to jointly create dual-enrollment, dual-credit courses. Such programs include creating a school within a school, a technical high school, or a secondary or technical school located on a university campus.

Eligibility starts in the ninth grade. The participating universities, colleges or technical schools pay the costs for five-year agreements with LEAs. Students who later enroll in college could graduate in three years since they finished some college-level courses in high school.

“In addition to challenging academic curricula, students could study technology-related subjects, or culinary arts or auto mechanics. After graduation, they are pointed in the right direction for finding a good-paying job,” said Hackworth.

HOPE lottery scholarships for four-year institutions increased from $3,800 to $4,000 annually, at a cost of $10 million. Students must continue earning a minimum 3.0 grade point average to maintain the state awards. The HOPE scholarship for two-year institutions is increased from $1,900 to $2,000. Plus, the Wilder-Naifeh technical skills grant increases from $1,500 to $2,000. ASPIRE awards are unchanged at $1,500.

“The House of Representatives lowered the requirement for keeping lottery scholarships to a minimum 2.75 grade point average. Senate Republicans, however, didn’t advance the initiative for final action. House members will fight to get this done next year, so that more deserving students are eligible for awards and keep their scholarships,” said Hackworth.

Finally, the appropriations bill expands the number of Pre-K classrooms to 779, at a cost of $25 million. With these 250 new classrooms, the total Pre-K investment is $95 million.

Public Safety
Lawmakers enthusiastically supported setting aside $38 million for a tough crime-fighting package that increases mandatory prison sentences for perpetrators who use guns in violent crimes.

The new “Crooks with Guns” law imposes mandatory prison sentences from three to 10 years if guns are discharged during a criminal act and the offenders have previous convictions.

“The enhanced sentences are served in addition to sentences for the underlying crimes. At least 85 percent of the extra sentence must be served before parole is considered. It doesn’t matter if the weapon used is a handgun, machine gun, short-barreled rifle or short-barreled shotgun,” said Hackworth.

Legislators then approved funding for 32 new district attorneys and 19 public defenders statewide. The enacted budget also includes $3.7 million for additional parole and probation staff.

‘Castle Doctrine Law’
This bill redefines the act of self-defense. It applies to victims on their own property or other places where they are legally.

“Most important, this doctrine extends the concept of self-defense from outside one’s own residence. Self-defense is now legal in car jackings and other violent crimes on private or public property. The doctrine also gives legal immunity to potential victims from civil liability,” explained Hackworth.

Jessica’s Law
The major provision of “Jessica’s Law,” or the “The Jessica Lunsford Sexual Predator Act of 2007,” increases sentences for child rape to a minimum of 25 years in prison. Offenders under this statute are ineligible for parole after 15 years.

After release into community supervision, all child sex offenders must wear global positioning system (GPS) devices for the rest of their lives. Offenders on probation are likewise required to notify the state’s child sex offender registry of their current addresses, continued Hackworth.

Non-smoker Protection Act
“The Non-smoker Protection Act of 2007” is the first successful bill in Tennessee history that bans smoking in enclosed public places. Lawmakers included some exceptions to this sweeping measure:

Businesses with three or fewer employees;

Tobacco shops or tobacco manufacturers;

Outdoor patios at restaurants and such non-enclosed business areas 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.

“Tennessee follows 21 other states in banning workplace smoking. About 27 percent of Tennesseans smoke, raising health care costs about $2 billion because of tobacco-related disabilities. Fines range from $50 to $350 for knowingly smoking in a public area,” said Hackworth.

Credit Security Act
This visionary identity theft bill allows citizens to request a security freeze on their consumer reports. The measure also bans consumer reporting agencies from releasing consumer reports or credit scores without express permission.

“Agencies must freeze reports within three day of a request. Consumers are then given a personal identification number or password that is used in lifting the freeze. Victims whose accounts are illegally released may sue for actual damages and payment of attorney fees,” said Hackworth.

The bill also prohibits agencies from charging fees to identify theft victims who request freezes. Resellers of credit are also barred from ordering frozen reports.

Another provision forbids business and government from disclosing in print or through the Internet social security numbers taken from client records. Website providers may not ask users for social security numbers to access sites.

Certificates for Driving
The controversial certificates for driving (CFD) were abolished by lawmakers. The new measure replaces the CFD with a temporary driver license for foreign residents lawfully in the United States. The temporary licenses are valid from one to five years.

“The CFD had been linked by law enforcement to forged residency documents purchased by illegal immigrants to prove their eligibility. At the same time, applicants didn’t need a valid social security number to apply. The certificate only proved that the holder passed all driving skill tests. It was deemed invalid for personal identification,” said Hackworth.

Unlike the CFD, applicants must furnish official proof to the state Department of Safety of their legal identity and authorized period of state residency. Foreign students, business executives, and government officials are eligible for the new temporary license.

Illegal Immigration
Lawmakers voted to make it illegal for a company to knowingly hire an illegal immigrant. On the first offense, the suspension is lifted as soon as the company demonstrates that the illegal worker is no longer on the payroll. After three citations in three years, the offending company could lose its business license for one year.

“Employers may request a hearing before an administrative judge if they want to contest citations. The law also protects employers from prosecution who are duped by false identification documents,” said Hackworth.

A related bill makes it illegal to transport someone into the state if that person is known to have illegally entered the United States. If an illegal worker is transported into the state for personal financial gain, the offender may be fined $1,000.

“The new law doesn’t apply to common carriers, or to situations in which illegal immigrants are being transported for religious purposes. All proceeds from fines are deposited with the government agency responsible for the arrests,” continued Hackworth.

Veterans Affairs
In next fiscal year’s successful appropriations bill, lawmakers approved seven new positions and additional operating costs for state veterans’ homes at $2.2 million. Close to $6 million have been dedicated to veterans in this year’s budget. “This is the highest total dollar amount for veterans ever in this state’s financial history,” said Hackworth.

Another new law gives members of Tennessee military families free tuition to any state college or university if a parent is reported as killed or missing in action. Eligible students may earn up to 135 semester hours under this arrangement. Spouses must complete degree or certificate programs within 10 years after becoming eligible, and may not remarry during that time.

Presidential Primary
Lawmakers moved the state’s presidential preference primary from the third Tuesday to second Tuesday in February. In 2008, the primary is Feb. 5. The Volunteer State joins neighbors Alabama, Arkansas and Missouri in changing their primaries to the same day.

Jobs and Wages
House members passed a state minimum wage bill that tied the wage to the federal consumer price index. The measure automatically raises the state minimum wage if the federal government doesn’t act in five years to adjust the dollar amount. Presently, the federal rate is $5.15 per hour.

“We passed for a second year a minimum wage hike to help working families but the Senate killed the initiative. Many lawmakers now want to amend the state constitution to include a minimum wage mandate,” said Hackworth.

The legislature, in a major push for statewide Internet access, provided more than $4 million to expand broadband coverage to rural communities. State colleges and universities are also now permitted to give students free campus-wide Internet access.

Fast Track funding, a major job creation stimulus, was allocated $10 million to recruit businesses to rural areas. This program helps companies plan and implement customized training for new hires and employees who want to upgrade their skills. Both classroom and on-the-job training are covered.

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