End of June Newsletter from Glen Casada
After weeks of wrangling in committees, the House passed the budget on the floor Monday night, June 11th, and we completed our legislative business the next day. Tennessee’s budget is now 27.9 billion dollars, up 11 billion dollars in 5 short years. Thanks
to a strong economy, the legislature had 1.5 billion dollars of growth in the revenue to spend, and we did.
This along with the tobacco tax increase of 240 billion increased spending to 1.8 billion dollars, breaking the Copeland cap. This cap is a constitutional law that is intended to keep state spending at or below growth of the states economy. The General Assembly broke this cap and committed ourselves to several new spending programs. My concern with this year’s budget is the rate at which we continue to spend tax payer’s money by growing the budget and giving so little back to the tax payers in the form of tax cuts. Because of the legislature’s poor fiscal management and spending, I voted against the budget and the tax increase.
I strongly believe that we have a spending problem in this state, not a revenue problem. When the cyclical down turn in the economy happens, you will once again here the cry of “We don’t have enough revenue” and of course the need to raise taxes.
On the upside, the General Assembly funded some very good things this year in the area of crime and punishment. The General Assembly also implemented guidelines for schools to be held accountable for not providing adequate education to our children. This includes an outline of what will happen to schools that do not met specific education goals. The General Assembly also passed some good anti-illegal immigration bills this year.
Tax Relief
The budget incorporated a permanent half-cent reduction in the state’s portion of the food tax. The tax rate on food is now 5.5%, down from 6%. This is a good thing, but far from what the tax cut should have been. On the last day of session, I attempted to amend the budget to provide for a 3 cent reduction in the food tax, a move that was received with a cold reception by most Democrats, who dubbed the extra tax relief “irresponsible.” I was able to get 35 Republicans and 2 democrats to vote for my tax cut.
I feel strongly that a tax cut on food is fiscally sound. Keeping more of our dollars at home will enable for job creation and the ability to provide for and raise our families better. Tennessee has 1.5 billion dollars in new revenue plus an additional 240 million
dollar tax increase this year. It would only be good fiscal policy to cut the taxes
265 million dollars and apply it to a food tax cut.
This year’s half-cent reduction of food tax will save the average family of four $75 per year; however, my 3 cent reduction would have saved the same family $450 per year.
In addition to lowering the sales tax on food, the budget continues the pre-school and spring sales tax holidays, and includes property tax relief for veterans by changing the requirement that their injuries be “combat related” to simply “service connected.”
Education
Reform was the buzz word for education in this year’s budget. A new reformulation and accountability plan were implemented this year. The budget appropriated the funds for the first phase of the new Basic Education Plan 2.0. This plan allows for recalculation of how school districts in Tennessee get their funds for the year. Williamson County did not gain with this new reformulation. Those issues such as student growth and our current level of funding were not factors in the reformulation, and thus our County will be hurt by this recalculation.
The second part of reform that was implemented was ACCOUNTABILITY. As I mentioned above, the legislature did implement a good accountability program that I think will improve education in Tennessee. If schools do not perform, they will be shut down, or more likely, turned over to institutions that will attempt to improve learning at these failing schools. It is time that we as tax payers demand some measurable results in our education investment, and not be satisfied with just giving education more money. One more note of interest. The legislature increased spending to education 500 million dollars over last year; this is the second largest increase in education spending in our States history.
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Crime Package
The budget funds a significant crime package, brought to the
legislature by the state’s top safety officials. The package includes
money for more assistant district attorneys and public defenders in an
effort to fight crime, and also focuses on taking the most violent
offenders off the streets by stiffening jail time.
The Republican-sponsored DNA bill was also funded. The legislation
sets up a statewide DNA database of those convicted of only the most
heinous of crimes. The legislation was inspired by Johnia Berry, an
East Tennessee resident and college student, who was brutally murdered
in 2004 by an unknown assailant who is still at large, and left behind
DNA.
Several versions of “Jessica’s Law” bills were also funded in the
budget, bringing Tennessee up to par with other states’ child sexual
predator laws. In addition, appropriations were made to fight the new
phenomenon of internet predators.
“Tennessee Jessica Lunsford Act.” The bill is named after a young
Florida girl who was abducted, raped, and murdered four years ago.
Concerns about the bill stemmed from the considerable funding it would
take to implement the mandatory 25-year minimum sentence, which
amounted to $7.7 million. In addition, another $1.9 million would be
needed for the global positioning system that would monitor those
required to wear the tracking devices for the rest of their lives.
Lawmakers felt that with record revenues, however, Tennessee was in a
position to pass the law, and eventually did, in a bi-partisan manner.
The efforts to toughen up laws on sexual predators did not stop with
the passage of Jessica’s Law. Republicans pressed for passage of House
Bill 252, a strong anti-crime and child sexual predator bill that
creates a class of “child sexual predators.” Those individuals who are
classified as such must serve 100 percent of their sentence upon a
second or subsequent conviction. The offenses covered under the bill
range from aggravated sexual battery to statutory rape.
Another bill sponsored by Republicans regarding sexual predator laws,
House Bill 284, also passed in a largely bi-partisan manner. The
legislation would add rape of a child and aggravated rape of a child
to felony murder offenses. This elevates the offense to first degree
murder, thereby making one who committed rape during a murder eligible
for the death penalty.
Other laws that passed this session regarding the sexual predator
issue include:
· House Bill 563 – This legislation extends the group of people
required to give DNA samples to those convicted of a misdemeanor
sexual offense. The purpose of the bill is to get DNA samples from
sexual crime misdemeanants due to the likelihood that such predators
move on to felony crimes.
· House Bill 8- Under this law, if an offender was convicted in a
state that had a sex offender registry prior to 1995 and that person
was required to register in that state, then the offender would also
be required to register when establishing a presence in this state,
regardless of the date of conviction or discharge from supervision.
· House Bill 956 – This new law requires sexual offenders to report
any change of employment to law enforcement within 48 hours. Offenders
must now notify the states sexual offender registry with their current
address and contact information.
This year also marked the passage of the “Castle Doctrine,” which
allows citizens to use deadly force on someone who enters their
residence or vehicle unlawfully. The law presumes that if someone is
there to do bodily harm, force can be used against he violent
aggressor without fear of civil liability.
Legislation designed to keep career criminals behind bars longer
passed this year in the Republican sponsored House Bill 582. The bill
says defendants with two or more prior felony convictions involving
separate periods of incarceration will not be considered a favorable
candidate for alternative sentencing when being sentenced for a third
or subsequent offense.
The General Assembly adopted a stringent measure which would revoke
the license of teachers or administrators upon receiving verification
that they were convicted of certain violent felonies, or for felony
offenses involving the manufacturing or selling of illegal drugs.
Additional measures passed are listed below.
· House Bill 927 lowers the blood alcohol level for an extreme DUI
offense from .20 percent to .18 percent.
· Commonly referred to as “Crooks with Guns,” House Bill 1835 tacks
time on to the sentences of felons convicted of crimes in which a gun
or guns were used.
“English only”
The General Assembly passed some good illegal immigration earlier this
year which I have covered in previous newsletters. One good idea
failed on the last day of session. I and several of my Republican
House members attempted to amend the “toll road” bill to mandate that
all testing for license and all road signs would be in “English Only”.
This amendment failed. I feel strongly that all state business, from
drivers testing to road signs to contracts must be done in English.
This is one of the few items that bind us together as a country.
Visit My Web Site and Get More Information
Once again I want to thank you for allowing me the privilege of
serving you in the General Assembly. I will be much more accessible
now that session is over, and would enjoy meeting with you over any
issue of potential legislation that might be of interest to you. You
can reach me through my assistant Carol Simpson at 741-4389, or on my
cell at 943-7396. One more note, Senator Bill Frist will be helping
me with a fund raiser for my re-election on July 27th at my home. I
hope you can attend. There will be more information on this event to
follow later this month.
Sincerely,
Glen Casada
