Legislative Update, April 10, 2010
LEGISLATIVE ACTION ALERT
April 10, 2010
|A society has the right to impose negative restraints; but positive acts of compliance it may exact only in extraordinary situations. One may not murder, steal, drive drunkenly, commit libel, undress publicly. But there is not, for each of these prohibitions, a corresponding injunction of an affirmative kind. To require participating in a social enterprise is a fatal habit for a free society to get into. William Buckley, Jr.|
GOP in lead for legislative control
Republicans begin the campaign for partisan control over the 107th General Assembly with a substantial head start over Democrats in the number of races already decided in their favor. Read more here.
TENNESSEE HEALTH CARE FREEDOM ACT:
*HB 3433 by *Bell , Weaver, Harwell, Carr, Williams, Dunn, McDaniel, Matheny, Maggart, Dean, Lynn, Campfield, Rich, Shipley, Brooks K, Watson, Floyd, Rowland, McManus, Coley, Lollar, Lundberg, Hawk, Eldridge, Johnson C, Cobb J, Mumpower, Niceley, Matlock, Faulkner, Hill, Halford, McCormick, Ford , Johnson P, West, Marsh, Haynes, Dennis, Swafford, White, Casada, Hensley, Evans ( SB 3498 by *Beavers)
A VERY interesting thing occurred when the roll call vote was taken—the tabling motion failed on a tie vote. Later that vote was called into question and it was determined that the vote was incorrectly counted and the tabling motion prevailed—meaning that discussion on the Naifeh amendment was halted and his amendment tabled.
During the discussion, an Attorney General’s opinion was brought up and discussed. TN health reform opponents undeterred by AG's opinion
Naifeh requested that a representative from the Attorney General’s office come forward to discuss the opinion. When no one was there to respond, Naifeh started reading the four-page opinion. (Unique: A filibuster in the State House Committee—don’t think I have ever seen that before!!) AG Cooper was not available immediately and Naifeh continued reading. After more maneuvering Rep. Curry Todd (R-Collierville) called for adjournment, which passed.
Supporters of HB3433 will press forward, and the bill will be back in the Commerce Committee on Tuesday at 9:15 in Room 16.
*SJR 0897 by *Ramsey
General Assembly, Statement of Intent or Position - Urges Attorney General and Reporter Bob Cooper to join other states in contesting the implementation of any unconstitutional provisions of the federal health care legislation. –
Voting no were: Kyle, Marrero B -- 2.
Ramsey Moves Resolution Urging AG to Question Federal Health Legislation
HJR 0030 by Hill
General Assembly - As introduced, rescinds three specific resolutions from 1977 and any other resolutions passed at any time that call for a federal constitutional convention. For background information, please see these links:
Why the Tennessee Legislature Should Rescind Its Calls For a Federal Constitutional
Letter from retired Chief Justice of the US Supreme Court to Phyllis Schlafly on the dangers of a Federal Constitutional Convention HERE.
NEW: Con-Con More Dangerous Than Congress
NEW: The Effort to Dismantle Our Constitution
ACTION: Please go HERE to send your House member an email of support.
SB 3589 by *Ketron ( *HB 3300 by *McCormick)
Judgments - As introduced, specifies three reasons why a foreign judgment would not be conclusive, and further states that a foreign defamation judgment shall not be recognized if the defamation law of the foreign court adjudicating the case provided less protection for freedom of speech and press than the United States and Tennessee constitutions.
It authorizes Tennessee courts to not recognize a foreign defamation judgment unless the court sitting in Tennessee before which the matter is brought first determines that the defamation law applied in the foreign court's adjudication provided at least as much protection for freedom of speech and press in that case as would be provided by the constitutions of the United States and Tennessee. We MUST protect the Free Speech rights of our citizens.
*SB 3740 by *Bunch ( HB 3768 by *Dennis) Civil Procedure - As introduced, establishes that contracts based on the law of any foreign state or country that incorporates substantive or procedural law that would violate rights and privileges granted under the U.S. or Tennessee constitution are against the public policy of this state and are void and unenforceable in this state.
This is one of our most important bills for the legislative session. This bill provides, subject to provisions of superseding federal treaties, that any otherwise enforceable contract that incorporates any substantive or procedural law, legal code or legal system of another state, foreign jurisdiction or foreign country that would violate rights and privileges granted under the United States or Tennessee Constitution is declared to be against public policy of this state and is unenforceable in this state.
With the increasing globalization and interactions with foreign legal systems, we are very excited about this legislation. It will offer Tennesseans some protections from legal pluralism when fundamental constitutional liberties are involved.
*SJR 0763 by *Kelsey Jackson, McNally, Black, Beavers, Ramsey, Gresham, Bunch, Burchett, Tracy, Ketron, Faulk, Southerland, Johnson, Watson, Norris, Yager
Constitutional Amendments - Proposes an amendment to clarify the constitutional language that currently prohibits the levying of a tax on any class of income, other than income derived from stocks and bonds, and to prohibit any tax levied on or measured by employer payrolls.
STATUS: On March 23, SJR763 passed the State Senate 25-7. Voting NO were: Ford, Harper, Haynes, Henry, Kyle, Marrero, Tate. It is scheduled in House Budget Subcommittee on Wednesday.
ACTION: Please send emails to these committee members urging them to vote for SJR763: email@example.com, firstname.lastname@example.org, email@example.com, firstname.lastname@example.org, email@example.com, firstname.lastname@example.org, email@example.com
PROHIBITION ON PAYING FOR ABORTION THROUGH FED. HEALTH CARE:
SB 2686 by *Black ( *HB 2681 by *Hill)
Health Care - As introduced, prohibits coverage for abortion services under any health care plan through an exchange required to be established in this state pursuant to federal health care reform legislation. These bills would keep our state from being forced to pay for abortion services through the new federal health care exchange program.
STATUS: SB2686 is on Senate Commerce on Wednesday; HB2681 is on the House Floor Monday.
ACTION: Go HERE to send your senator and your house member an email of support.
PROTECTING PARENTAL RIGHTS IN EDUCATION:
HB 3105 by *Harwell , Maggart, Dunn, Bell, Weaver, McManus, Todd, Faulkner ( *SB 2480 by *Gresham)