‘Right to hunt and fish’ constitutional amendment approved by House

A constitutional amendment giving Tennesseans the right to hunt and fish has completed its journey through both the House and Senate and will now appear on the ballot in the form of a referendum in 2010. Before a constitutional amendment is adopted, it must pass one General Assembly by a majority, a subsequent General Assembly by two-thirds, and receive a majority of voters’ approval on a ballot in a gubernatorial election year. SJR 30 was approved by the House this week with a 90-1 vote, and has already passed the Senate.

SJR 30 adds a new provision to Article XI, Section 13 of the state’s constitution which reads: “The citizens of this state shall have the personal right to hunt and fish, subject to reasonable regulations and restrictions prescribed by law. The recognition of this right does not abrogate any private or public property rights, nor does it limit the state's power to regulate commercial activity.”

The House sponsor said the measure is a pre-emptive strike to protect the time-honored traditions, as other countries have outlawed certain types of hunting. Fourteen other states have approved similar provisions, with California and Minnesota passing the measures due to animal rights organizations protesting certain practices.

Tennessee celebrates ‘Sunshine Week’
This week, Tennessee joined states across the nation in celebrating ‘Sunshine Week,’ a time designed to remind public officials and citizens of the value of open records and other transparency in government measures. Tennessee has, in recent years, passed a considerable number of laws aiming to make the public’s access to open records an easier process. To that end, the legislature created an Office of Open Records Counsel within the Comptroller’s office to deal with open records request, and to help citizens navigate local governments’ public records process.

The state’s open record counsel recently presented the office’s 2009 report, which showed that the number of requests coming through the office has increased over 2008. The Office of Open Records Counsel handled 1,085 inquiries about the requirements of various open records laws. While roughly half came from within state government, media and citizens made up the other half—with private citizens edging out the media for more requests.

For more information on the Office Open Records Counsel in Tennessee, please visit www.state.tn.us/comptroller/openrecords.

Tennessee implements new vaccination requirements
Students entering childcare facilities, pre-k, kindergarten, or seventh grade this fall will have a new set of immunization requirements. According to the State Department of Health, this is the first update to immunization requirements in ten years. Most of the new rules take affect on July 1.

New childcare, pre-k, and kindergarten children will be required to show proof of vaccination for Haemophilus influenza type B (HBV), Pneumococcal conjugate vaccine (PCV), Hepatitis A, and Hepatitis B. Previously, these shots were recommended but not required.

Meanwhile, students entering seventh grade will be required to have a tetanus booster shot and show proof of immunity against chicken pox. This can be demonstrated by having a prior chicken pox diagnosis or by taking two doses of the vaccine.

The state is providing new official immunization certificates to doctors. After completion of the required vaccinations, a doctor will complete a certificate which will be given by the parents to the school as evidence of required vaccinations.

As with other required vaccinations, students may be exempted for medical and/or religious reasons. For more information, you can visit www.health.tn.gov.

In case you missed it…
The ‘English in the Workplace’ legislation continued to advance this week, winning approval from the Consumer and Employee Affairs Committee. The bill will next be presented in the House Calendar and Rules Committee, which sets floor calendars.

A resolution urging 911 call centers to accept text messages was approved by the House on Monday evening. House Joint Resolution 746 was drafted after other states began implementing technology within their 911 call centers to accept text messages. Idaho was the first state to begin accepting the text messages, and say the result has been very positive, especially for those who are hearing impaired.

Finance budget hearings continued this week, but the House has almost concluded hearing from the various departments regarding their budgets. In addition, an announcement was made Thursday morning that lawmakers can expect to the see the technical corrections bill, a revenue raising measure, as early as the first week in April.

House Bill 3007 encourages departments in state government to implement new strategies and innovative ideas in regards to saving money and operating more efficiently. The bill passed with an overwhelming majority of House members’ approval, and many House members signed on as co-sponsors of the legislation.

Points of Interest…
House Bill 3618 Private college purchasing bill goes to governor by Representative Jim Cobb (R-Spring City) (Times Free-Press)
Private, nonprofit colleges and universities will be able to use the state's purchasing power when buying materials, supplies, equipment and services under a bill headed to Gov. Phil Bredesen. The bill, sponsored by Rep. Jim Cobb, R-Spring City, passed Monday night. Private, nonprofit institutions will be able to go through the state's Department of General Services for purchases, which public colleges and universities already can do.

Tennessee unemployment fund to borrow from federal government (N. Biz Journal)
Tennessee is borrowing money from the federal government to keep its unemployment fund solvent. Don Ingram, administrator for the Employment Security Division of the Tennessee Department of Labor and Workforce Development, said the funds are interest free and would be paid back quickly, anticipating the state would have ample funds by April 15 to repay the loan. April typically is one of the biggest collection months for unemployment taxes. Employers now pay taxes on the first $9,000 of their workers’ salaries. That was increased from $7,000 last year. They also pay an additional 0.6 percent premium on all taxable wages for employees. The tax increases added about $300 million to the state’s unemployment coffers. Currently the state has about $55 million in its Unemployment Trust Fund, down from $116.6 million in late January. “Hopefully this development will help individuals in Rhea and Northern Hamilton counties who have lost their jobs, make ends meet until they are relying upon unemployment funds until they are able to locate employment,” Cobb stated.

TVA retirees file suit against utility (Knoxville News-Sentinel)
Group says TVARS improperly reduced benefits by $300M A lawsuit filed Friday by a group of TVA retirees claims the Tennessee Valley Authority Retirement System's six directors have violated their fiduciary duties and the rights of retirement system participants by improperly reducing their accrued and vested benefits by $300 million. The retirees are seeking class-action status for their lawsuit to include current and former retirement system members and beneficiaries. According to the lawsuit, the retirement system has provided retirement benefits for approximately 34,000 current and retired employees of TVA. The retirees are seeking damages and injunctive relief. "The TVARS board of directors is tasked under law with fiduciary responsibility for protecting the assets of the retirement plan and to act solely in the interests of its participants and beneficiaries. The actions by the TVARS board of directors in August 2009 to eliminate cost of living adjustments (COLA), permanently reduce an interest rate accrual benefit, and increase in the minimum age for COLA benefits for all participants retiring after January 1, 2010, were taken in violation of their fiduciary duties and the procedural safeguards in place under TVARS Rules and Regulations, which required the board to provide participants with at least 30 days notice of the changes.