by Rep. Jack Sharp, R-East Ridge
posted March 31, 2005
The Tennessee General Assembly has reached its mid-way point – provided that the anticipated and traditional May ending will hold – and members are deeply entrenched in considering and passing legislation to strengthen Tennessee as a whole. While the majority of the work lies ahead, the House took a hard look at several bills this week that dealt with combating the state’s problem with methamphetamine abuse, providing comprehensive and responsible education for our children and ensuring Tennesseans’ trust in their government. Tough questioning of proposals characterized committee meetings while, on the floor, members cast principled votes for the betterment of the state.
House passes bill to combat meth problem in Tennessee
Starting today, it is going to be a little bit harder for consumers to purchase products that contain pseudoephedrine after the House and Senate passed and Gov. Bredesen signed a bill to combat the growing problem of methamphetamine use and abuse in Tennessee. The new law places strict guidelines on how pharmacies can sell products that are easily converted into the dangerous narcotic often made in an average household kitchen.
The law identifies three specific ingredients in many cold remedies – ephedrine, pseudoephedrine and phenylpropanolamine – that are the most easily manipulated to produce meth and will therefore only be sold in licensed pharmacies in Tennessee. Currently, the law classifies gel capsules and liquid remedies as exempt from restrictions. The Tennessee Bureau of Investigation, in cooperation with the Board of Pharmacy, will consider what other products can be deemed exempt based on the lack of ease in producing meth. Any non-pharmacy retailer must cease the sale of all non-exempt products by today (Thursday) and pharmacies will be required to comply with all regulations within 30 days of Wednesday’s bill signing.
Restricted products sold in pharmacies can only be sold by a pharmacist, pharmacy technician or intern under supervision, and must be placed behind the pharmacy counter or in a locked case visible within 25 feet of the counter. Pharmacies will be required to maintain a record of sale and are subject to fines associated with a Class A misdemeanor if found faulty in any area of restriction.
Any purchaser of products containing meth ingredients will be required to show identification and will not be allowed to purchase more than three packages of the restricted products or nine grams of pseudoephedrine within a 30-day period without a prescription. Any person found to initiate a process intended to result in meth production or sale can be convicted of a Class B felony while meth production promotion, including purchasing or possessing more than nine grams of pseudoephedrine with the intent to manufacture meth, is a Class D felony.
Last session, one Republican led the fight in the legislature to combat the meth problem that he saw growing out-of-control in his district. According to the United States Office of National Drug Control Policy, meth-lab seizures in Tennessee have steadily risen over the past five years and the narcotic is the third leading drug threat to the state. The Republican bill was put on hold so that Gov. Bredesen could establish an executive task force to study the issue across the state. Republicans applauded the governor’s bill as a great first step in making it harder and more punishable for citizens to manufacture and sell meth.
Other bills passed on the floor this week included a proposal to prohibit convicted sexual offenders from being placed on “trusty” status while serving time. “Trusty” status would allow an inmate to leave the jailhouse in order to perform community service-related activities.
Legislators consider the governor’s Pre-K initiative
During the House Committee on Education Wednesday, Republican legislators dominated the questioning of administration officials regarding the governor’s proposal, HB2333, to expand the state’s Pre-Kindergarten program on a voluntary basis. All seven Republican committee members asked officials, including Department of Education Commissioner Lana Seivers, to further explain the program’s funding plans, overarching educational goals and general feasibility for Tennessee’s four-year-olds.
Several Republican members advocated for the importance of parental involvement in a child’s education. Legislators expressed concern that taking a child from the home at the age of four for more than five hours a day decreases the influence of a parent, whom the legislators called the child’s “first” teacher. One Republican offered an amendment to allow parents a choice between using public, private or faith-based providers when opting into the voluntary Pre-K program. The amendment failed on strict party votes with all Democrats voting against parent choice.
Legislators also questioned what standards would be applicable to the program in determining whether or not a child is ready for kindergarten. Officials stated that the students would be tested along their journey in the proposed 180-day program but that, if they were deemed ready to enter kindergarten prior to the end of the school year, they would still remain in the school system until the year finished. The administration representatives also seemed unwilling to accept amendments to the bill that would alter the program’s organization by either creating half-day shifts in order to serve more students in a shorter amount of time or morphing the Pre-K program into a 30-day kindergarten preparation course. Further questioning by Republican members also revealed that four-year-olds would not be provided with car seats if transported on a bus to the school.
With many questions being answered, several members voted for the proposed program due to a belief in the research presented that proves that Pre-K can have a positive effect on a child’s educational journey. One legislator also walked away pleased that local education authorities (LEAs) would have the opportunity to work with local non-LEA entities to provide the Pre-K services, tweak curriculum based off of the current pilot program and formulate student applications to the program. Another stated that the questioning and scrutiny of the program presented during the committee meeting will remain and that legislators expect follow-up research as the program goes forward.
Legislators who did not vote for the proposal cited lingering concerns regarding the state’s ability to adequately fund the program. Overall, Republicans called for cautious study of the bill both before it is passed – allowing the legislature time to address all questions and concerns – and if it becomes law.
In other child and family-related news, the House passed a measure on Thursday to allow a four-month leave for parents of newly adopted children. Current Tennessee law allows four months for birth parents and this bill extends that privilege to adoptive parents. The bill’s Senate companion will be heard next week in the Senate State & Local Government Committee.
Ethics bills continue to meet stiff challenges in committees
Wednesday’s Elections Subcommittee led to the end of a bill to require proof of United States citizenship prior to a citizen’s registering to vote or receiving state benefits. The bill’s Republican sponsor approached the committee with the intent to further study the proposal and bring it before the body next year. However, Democrats called for testimony from community representatives opposing the bill and cut-off testimony from one expert in favor of the proposal. They then proceeded to call for a vote on the bill resulting in the failure of the bill on strict party lines. The sponsor intends to bring the issue before the House next year in the form of another bill in order to provide a response to the growing problem of illegal immigration in Tennessee and across the country.
During a Tuesday meeting of the House State Subcommittee, legislators voted to further study a Republican-sponsored bill that requires candidates seeking a position in the House of Representatives to live in the district which they seek to represent for one year prior to Election Day. An amendment to the bill also states that a legislator cannot label his or her place of business as a residence. Due to questions surrounding the potential need for the proposed change to be in the form of a constitutional amendment, the sponsor agreed with the committee members to bring the bill before the State Subcommittee in two weeks so that further research can be completed.
Next week, legislators on the State Subcommittee will consider a special ethics calendar of bills that have been rolled for consideration during one meeting. The calendar includes a Republican proposal to deny lobbyists a seat on all state and local boards, commissions and agencies.
TennCare Update
The federal courts began hearing the state’s case on removing 323,000 people from the TennCare rolls this week. While a conclusion to the case is not expected until next week or beyond, the U.S. Court of Appeals agreed to move up an appeals date to April 8th should the state need to appeal a decision handed down by the federal judge. As the program lingers in the court system, legislators continue to consider proposals based on a budget that relies on the massive cuts.
A Look Ahead…
HB1938, a bill to allow local education authorities to establish alternative schools for ages 11 through high school, will be on the floor of the House next week for consideration by the full body.
HB855, a bill to exempt the sale of hybrid-electric or alternative-fueled vehicles from sales and use tax if the car is subsequently registered in Tennessee, passed through the House Committee on Environment and Conservation and will be heard next week in the House Committee on Finance, Ways and Means.
HB1408, a bill to enact the “Tennessee Student Health Act” and establish a local health advisory council that evaluates guidelines for each local education authority regarding physical education requirements, will be heard in the House Committee on Education in upcoming weeks.
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