Judge Says No to TVCA Injunction, Yes to Crucial Plaintiff Claim
Humphrey on the Hill
November 9, 2009/ Knoxville News Sentinel

A Nashville judge has refused to issue a temporary injunction against state officials in the Tennessee Voter Confidence Act (TVCA) case brought by Common Cause, according to website stories quickly filed by The City Paper and The Tennessean.

But Chancellor Russell Perkins also declared that the TVCA does NOT require use of voting machines that meet 2005 standards, as contended by Secretary of State Tre Hargett based on a legislative lawyer's memo.

That is in line with what Common Cause and others have argued as the correct legal interpretation, meaning provisions of the act calling for new voting machines for the 2010 elections with a paper trail can be purchased under 2002 standards.

Thus, the Tennessee Democratic party and House Democratic Leader Gary Odom both promptly issued statements that basically declared victory and called on Hargett to proceed with implementing the TVCA.

Odom's press release quotes from the judge's decision:

State Election Coordinator Mark Goins also issued a statement, saying the lawsuit has delayed efforts to comply with the law and that his office has developed "contingency plans" to lease paper ballot voting machines meeting older standards rather than buy them.

(Note: Circumstances caused yours truly to miss the actual hearing today and this report is based on what could be gathered sitting at home, looking on the Internet and making a couple of phone calls after the fact. It appears the plaintiffs lost a skirmish, but won the first battle of a legal and legislative war that will continue.)

Odom: ‘The court has ruled. Goins, Hargett do your job!'
Posted By News Staff
November 6, 2009/ Clarksville Online

Nashville — House Democratic Leader Gary Odom Thursday renewed his call for fair elections in Tennessee by calling on the secretary of state to "do his job" after a state court issued a ruling confirming that state law requires the implementation of paper ballot machines for the 2010 elections to comply with the Voter Confidence Act of 2008.

Odom cited the following ruling from Chancellor Russell Perkins in Davidson County Chancery Court:

"The court finds that the Tennessee Voter Confidence Act does not require the voting system to be implemented by the state of Tennessee to meet 2005 standards," wrote Perkins.

"The court determines that the state is obligated to take prompt, effective steps to meet the statutory deadline using compliant voting systems."

Secretary of State Tre' Hargett and his appointee, Elections Coordinator Mark Goins, have continually failed to use more than $35 million in federal funding to implement the "Tennessee Voter Confidence Act," arguing incorrectly that the machines should adhere to "2005" standards. The 2005 standards have yet to be set, however, Perkins says paper ballot machines recently approved by the federal government would comply with Tennessee state law.

"The court has ruled that it is time for the secretary of state's office to stop dragging its feet and to provide for paper balloting for all of our voting machines in Tennessee elections by 2010," said Odom. "To do anything less is to ignore your duty as secretary of state."

Roy Herron who is one of several candidates running for the Democrat nomination for Governor said in a statement, "There is nothing more fundamental about our democracy than making sure that every vote counts and every vote is counted. I call on Secretary Hargett to implement the Voter Confidence Act and begin purchasing new voting machines with paper ballots without delay. The time to protect our vote is now."

Odom: Hargett fought effort to implement paper balloting in elections
Posted By News Staff
July 10, 2009/ Clarksville Online

Amendment to allow use of available machines undermined by SOS

Nashville — More than $25 million in federal funding to help implement the "Tennessee Voter Confidence Act" is sitting idle because of an effort by the secretary of state to stall implementation of a paper trail in the 2010 elections, House Democratic Leader Gary Odom said Thursday.

"This money was provided by Congress to help the states provide for fair elections and to give coordinators the ability to determine that vote counts are correct beyond the shadow of a doubt," Odom said. "Why there is such opposition to implementing this act is beyond me."

"This is simply not true. Nowhere in the federal act does it say we must use 2005 standards. It says we must use certified standards. The certification of 2005 standards does not nullify the 2002 standards, which will be available for next year's elections. Hargett has interpreted the act to mean that 2002 machines are not acceptable to be used."

"To clear up any ambiguity in the current law I proposed an amendment that would make it clear that machines certified to 2002 standards could be used in the state of Tennessee. Hargett fought that amendment every step of the way," Odom said. "It's very disingenuous of him to now complain that he can't implement this act."

"I believe Tennesseans deserve the confidence that their vote is counted and is counted accurately."

Statement on implementation of Voter Confidence Act By House Democratic Leader Gary Odom

In 2008 the Tenn. General Assembly passed the Voter Confidence Act. This legislation had broad bipartisan support and its primary purpose was to ensure that elections in Tennessee would be conducted with a system of voting machines, referred to as optical scanners, which provide a paper trail.

According to a Tennessee Advisory Commission on Intergovernmental Relations study on the subject, the paper trail is essential in reassuring voters that their vote is being counted accurately and to provide a means to audit the machines or recount votes in an election.

Secretary Hargett has stated that the Act is very specific and requires the state to use machines certified to 2005 standards. In fact, the Act does not specify 2005 machines. It says that we shall use machines certified by the federal Election Assistance Commission.

Recently, the Secretary of State issued a statement to the press suggesting that he cannot fulfill his obligations under the 2008 Voter Confidence Act. It is his incorrect interpretation that we must use machines certified to 2005 standards.

To clear up any ambiguities that Secretary Hargett wrongly perceived, Senator Herron and I introduced an amendment that would have explicitly allowed machines certified to 2002 standards or better. Secretary Hargett fought this amendment every step of the way.

The fact is, Secretary Hargett does not want to implement this Act. He had legislation introduced in the past legislative session to repeal the Act. Ultimately the bill was amended to delay implementation of the act until following the 2010 elections. The legislation eventually stalled in the Senate.

Under current law Secretary Hargett is required to implement a verifiable voting system in the state of Tennessee. The Election Assistance Commission will approve within the next few weeks two different Scanners that could be available for use in Tenn.'s 2010 Elections.

I call on Secretary Hargett to quit dragging his feet and implement this system in order to assure that votes are counted accurately. Tennesseans deserve the confidence that their votes are counted and counted accurately.

Odom Says Hargett "Dragging His Feet" On Voter Confidence Act; Hargett Replies
The Chattanoogan
July 9, 2009

House Democratic Leader Gary Odom charged Thursday that Secretary of State Tre Hargett is "dragging his feet" on implementing the Voter Confidence Act.

Rep. Odom said, "In 2008 the Tennessee General Assembly passed the Voter Confidence Act. This legislation had broad bi-partisan support and its primary purpose was to ensure that elections in Tennessee would be conducted with a system of voting machines, referred to as optical scanners, which provide a paper trail.

"According to a Tennessee Advisory Commission on Intergovernmental Relations study on the subject, the paper trail is essential to reassure voters that their vote is being counted accurately and to provide a means to audit the machines or recount votes in an election.

"Secretary Hargett has stated that the Act is very specific and requires the state to use machines certified to 2005 standards. In fact, the Act does not specify 2005 machines. It says that we shall use machines certified by the federal Election Assistance Commission.

"Recently, the Secretary of State issued a statement to the press suggesting that he cannot fulfill his obligations under the 2008 Voter Confidence Act. It is his incorrect interpretation that we must use machines certified to 2005 standards. To clear up any ambiguities that Secretary Hargett wrongly perceived, Senator Herron and I introduced an amendment that would have explicitly allowed machines certified to 2002 standards or better. Secretary Hargett fought this amendment every step of the way.

"The fact is, Secretary Hargett does not want to implement this Act. He had legislation introduced in the past legislative session to repeal the Act. Ultimately the bill was amended to delay implementation of the ACT until following the 2010 elections. The legislation eventually stalled in the Senate.

"Under current law Secretary Hargett is required to implement a verifiable voting system in the state of Tennessee. The Election Assistance Commission will approve within the next few weeks two different Scanners that could be available for use in Tenn.'s 2010 Elections.

"I call on Secretary Hargett to quit dragging his feet and implement this system in order to assure that votes are counted accurately. Tennesseans deserve the confidence that their votes are counted and counted accurately."

Secretary of State Hargett replied, "At a news conference today, Sen. Roy Herron and Rep. Gary Odom made a number of statements about me and the Department of State's position regarding the Voter Confidence Act.

"Sen. Herron and Rep. Odom claim that I don't support the act and that I am actively working to prevent it from being implemented. On the contrary, I'm doing my best to implement the act under a seemingly impossible set of circumstances. However, anything worth doing is worth doing right. Sen. Herron and Rep. Odom seem willing to spend $25 million of taxpayer dollars for less than the best election equipment available in their haste to get something done."

He said, "The Voter Confidence Act requires all elections in Tennessee to be conducted with optical scan voting equipment and paper ballots by November 2010. The Department of State, through its Division of Elections, has been actively working to prepare election officials in all 95 of Tennessee's counties for the act's implementation. However, several logistical problems make meeting the November 2010 deadline difficult if not impossible.

"The biggest challenge is that equipment meeting the act's specifications isn't yet available for sale in Tennessee or anywhere else. The act requires elections to be conducted with equipment that meets the Voluntary Voting System Guidelines adopted in 2005 by the federal Election Assistance Commission. Unfortunately, no vendors have equipment that has been certified to meet those guidelines. Because the certification process is quite lengthy, it's unlikely that any of the vendors currently used in Tennessee will become certified in time to meet the November 2010 deadline.

"In their news conference, Sen. Herron and Rep. Odom implied that it's open to interpretation whether only equipment that meets the Election Assistance Commission's 2005 guidelines can be used to reach compliance with the act.

"However, a June 9 memo from the General Assembly's Office of Legal Services clearly states that the Election Assistance Commission's 2005 guidelines must be used in order to reach compliance with the act.

"Based on the language in our statute, it is my opinion that our requirements for electronic voting systems ‘in use on or after Jan. 1, 2009 … [must meet] the applicable voluntary voting systems guidelines,' and such language refers to the 2005 Voluntary Voting System Guidelines," Sally Swaney of the Office of Legal Services wrote in the memo addressed to Rep. Gary Moore.

"Sen. Herron and Rep. Odom also stated that there's no real difference between the 2005 guidelines and another set of standards adopted in 2002.

"The Election Assistance Commission disagrees with that point. The 2005 standards include several significant improvements over 2002 standards, including better safeguards against election software glitches, computerized hacking of election results and under voting and over voting. To me, these are more than minor differences, and I would encourage anyone who thinks there's no difference in standards to contact the Election Assistance Commission or at least read its summary of the differences between the 2002 and 2005 standards.

"The General Assembly adopted those 2005 standards for good reason. Those standards would require the use of the most state-of-the-art equipment. We ought to adhere to those standards because Tennesseans deserve no less than the best. But when the act was adopted, no one could foresee that vendor certification would take as long as it has.

"Sen. Herron and Rep. Odom also suggested that I am really interested in repealing the act instead of merely delaying implementation, as I have repeatedly stated he wants to do.

"That claim is absolutely untrue. I fully expect that the act will be implemented during my tenure as Secretary of State. I just want to do it the right way. And to me, the right way requires delaying implementation for a couple of years to give these vendors time to get their equipment certified, which I'm confident they will do.

"Sen. Herron suggested that Republicans, including myself, don't want paper ballots. However, an overwhelming majority of county mayors have told me that their counties cannot afford to switch systems during the present economic downturn.

"It's very unfortunate that Sen. Herron would attempt to inject partisanship into this debate. The Voter Confidence Act passed in 2008 with near unanimous support of Democrats and Republicans – and I believe it still has that support. What we have is a difference of opinion about the best way to move forward. I wish Sen. Herron, Rep. Odom and other members of the General Assembly would support a two-year delay in implementation so we can give Tennesseans the type of election reform they truly deserve."

General Assembly was right in not changing finance laws
By State Rep. Gary Odom
July 6, 2009/Tennessean

Tennessee Voices

Republican efforts failed in the final hours of the General Assembly session this year that would have allowed legislators who are gubernatorial candidates to raise money while they are conducting the state's business.

Fortunately, House Democrats and one Republican on the Calendar and Rules Committee defeated this bill on a tie vote, which prevented it from being considered on the floor of the House of Representatives on the last day of session.

Currently, lawmakers are prohibited by law from raising money while the legislature is in session. This law was enacted to prevent political fundraisers while legislators are voting on legislation. These prohibitions on fundraising were enacted so that laws are passed without any appearance of conflict of interest or impropriety.

Lt. Gov. Ron Ramsey, who is the highest-ranking senator in Tennessee, is running for governor next fall. He pushed for the change in campaign finance laws so he could raise money for his 2010 gubernatorial bid during the six months or so that the legislature is in session. He was supporting the legislation because his opponents who do not serve in the legislature can raise money year-round.

The late nature of this bill's arrival alone was cause enough to raise concerns about the proposal. Had this proposal been introduced in January or February like most legislation, there would have been ample time to debate the issue and opportunity for public discussion. However, the proponents of the change attempted to pass their legislation in the chaos of the waning hours of this year's legislative session.

Aside from the timing and lack of public debate, I was particularly concerned about other aspects of the legislation. The bill would have, in effect, created an unacceptable loophole in our campaign finance laws.

If the bill passed, a legislator could file papers to run for governor in what I describe as a "ghost campaign" and simply skirt the current ban on fundraising while the legislature is in session.

Funds raised for this "ghost campaign" could be used for re-election to the legislature or for participating in other campaigns. In effect, a legislator could file papers to run for governor, raise money every evening during the session, and never once set foot on the campaign trail as a candidate for governor.

The intent or seriousness of the candidates simply wouldn't matter under the proposed law.

Legislators, while deciding whether to run for other offices, should understand what state and federal laws are in place and be prepared to live in compliance with those laws. Their other option is to resign their legislative seat so that they will be unencumbered by existing campaign finance laws.

This is not the last that Tennesseans will hear of this issue. I expect this measure to be back next year as we approach the 2010 gubernatorial elections, and I again will oppose this change.

We banned in-session fundraising for a reason. The reason was to ensure that business be conducted without even the slightest perception or existence of undue influence.

It should stay that way.

Tennessee: Bill killed to allow fundraising during legislative session
Andy Sher
June 19, 2009/ Chattanooga Times Free Press

NASHVILLE -- Attempts to let sitting state legislators, including Lt. Gov. Ron Ramsey, R-Blountville, raise political funds for other offices such as governor while the General Assembly is in session failed in the House Calendar and Rules Committee on Thursday, likely killing the measure for the year.

House Bill 198 failed on a 10-10 vote with House Democratic Caucus Chairman Mike Turner, of Nashville, crossing over to vote with Republicans in favor of the measure. But Calendar and Rules Committee Chairman Bill Dunn, R-Knoxville, joined with Democrats in opposing the measure.

The vote is viewed as a blow to the gubernatorial candidacy of Lt. Gov. Ramsey, the Senate speaker. Lt. Gov. Ramsey said current law places him at a disadvantage because one of his GOP gubernatorial foes, Knoxville Mayor Bill Haslam, is a millionaire, while other rivals, U.S. Rep. Zach Wamp, R-Tenn., and Shelby County District Attorney Bill Gibbons, are not bound by such restrictions.

State Sen. Roy Herron, D-Dresden, who has declared he is running for governor in 2010, also would have been affected as would Senate Minority Leader Jim Kyle, D-Memphis, should he run as expected.

The ban on sitting lawmakers raising funds during session took effect in 1996 and was passed because of unease that lawmakers were seeking campaign funds from lobbyists, businesses and other interests at the same time they were passing legislation affecting them.

"I think people who are considering running for governor ought to look at the way the laws are today and not contemplate changing them," said House Democratic Leader Gary Odom, of Nashville.

There was no immediate comment from Lt. Gov. Ramsey. The bill had been placed on the Senate's last calendar today as lawmakers scramble to finish their annual session and adjourn.

Efforts to restrict the proposed changes to prevent lawmakers from raising money for another office and keeping the funds were not enough to placate some critics.

The current law prevents fundraising during the session or, in odd years, before June 1, whichever comes first. In even years, the ban lasts through May 15 or the end of session, whichever comes first.

Lt. Gov. Ramsey has held a number of fundraisers beginning June 1.

Charter schools bill overcomes rep's recklessness
By Ken Whitehouse and Amy Griffith Graydon
June 18, 2009/ Nashville Post

Premature press release by controversial state representative almost kills expansion bill

A bill allowing the expansion of charter schools in Tennessee has passed the State House, but a premature press release with highly inflammatory language almost killed it.

Passage in the House was widely expected after the bill rocketed through approval in five House committees Wednesday. The quick movement has apparently been fueled by a compromised forged in part during a meeting Monday afternoon that included legislators, charter school proponents and the state teachers' union, the Tennessee Education Association.

Debate on the bill was going along smoothly and receiving bipartisan support until State Rep. Ulysses Jones (D-Memphis) obtained a press release that was being sent out by State Rep. Brian Kelsey (R-Germantown).

The release, which wasn't supposed to be sent by Kelsey until the bill passed, included a line that stated "public schools are the last vestige of slavery."

As soon as Jones read Kelsey's language, the House erupted in groans and shouts. Democratic Leader Gary Odom of Nashville, visibly angry, then approached the well of the House but was intercepted by the primary sponsor of the bill, Nashville Republican Rep. Beth Harwell.

Harwell grabbed Odom's arm and could be heard saying, "I'm sorry, I'm sorry, I didn't know."

For more than a few moments, it appeared that all of the bipartisan support for the legislation could evaporate and that the legislation might die due to Kelsey's comments.

After what seemed like an eternity, Democratic Caucus Chair Mike Turner of Nashville, who had originally opposed the charter school bill and had successfully blocked it from passing earlier in the session, approached the well.

Turner took the microphone and, although visibly angry, stated, "We've worked too hard on this bill. Let's put everything aside and vote this bill out."

House members debated the bill a bit longer and then followed Turner's advice. The State Senate is expected to follow suit later today.

The post-compromise bill includes caps – a limit of 90 charter schools statewide, including 35 in Memphis/Shelby County and 20 in Nashville, plus an allowance for three additional charter schools that could serve students who have dropped out – as well as a review period for all charter schools every five years.

School districts across the state with at least 14,000 students would be able to enroll, on a lottery basis, students receiving free and reduced meals. The bill's language defining that lottery process stipulates a 30-day enrollment period for charter schools each year and prioritizes students who are academically struggling.

Such students may have either failed their own Gateway Tennessee Comprehensive Assessment Program (TCAP) exams, or be zoned to a public school that has failed certain academic benchmarks required by federal No Child Left Behind laws.

Metro Nashville Public Schools currently has three charter schools in operation: LEAD Academy, Smithson-Craighead and KIPP Academy. Two new charter schools – Smithson-Craighead's middle school and Global Academy – will start serving students this fall.

Once part of the school system, charter schools must meet the same federal and state educational guidelines as other public schools. Charter schools receive local and state funding, but no public funds for building or transportation.

All of Smithson-Craighead's students, and 94.3 percent of KIPP Academy's, are considered economically disadvantaged by state Report Card data. Such data on economically disadvantaged students is not available for LEAD. All three schools are considered in good standing under federal No Child Left Behind laws.

State Lawmakers Face Difficult Decisions
By John Dunn
June 7, 2009/FOX 17 News

State lawmakers are preparing for a very difficult week on capitol hill.

It is time to pass the budget and it is likely to include cuts, layoffs, and possibly, higher taxes.

It is not easy to find agreement on capitol hill, but when it comes to the budget, there is one thing that is certain.

"We are in unprecedented times," says Rep. Gary Odom, D-Nashville.

With a shortfall topping $1.3 billion, lawmakers on both sides of the aisle say it is time for a gut check.

"We will be making some very, very difficult decisions," says Sen. Diane Black, R-Gallatin.

It starts with layoffs. More than 700 state employees are likely to lose their jobs.

State departments will also see major cuts. Programs will be slashed in hopes of saving money.

Republican leaders take the position that the state must tighten its belt.

"And constantly I'm hearing from the people in my district, who say we want the state to live within their means just like we have to in our own households," says Sen. Black.

Democrats also recognize the needs for cuts, but some say it is time to use the states rainy day fund to lessen the impact on departments like Childrens Services and Mental Health.

"I've talked to some members who want to take another 180 million out of reserves. I don't think we can do that," says Rep. Odom.

There is also talk of raising taxes on things like cable boxes, and long distance phone calls for businesses, which many Republicans oppose.

"You're going to see a move to tighten and to cut, not raise taxes," says Rep. Glen Casada, R-Williamson County.

Whatever the final decision, the goal must be the same - a balanced budget, no matter how bleak.

"But I think everyone knows we're not in Washington D.C. We've got to have a balanced budget," says Rep. Odom.

State lawmakers hope to pass the state budget by the end of the week. But they say it could be two weeks before they are finished.

Speaker Calls Budget Plan Compassionate
WSMV.com
June 15, 2009

Lawmakers Have 2 Weeks To Get Budget Passed

NASHVILLE, Tenn. -- Democratic and Republican leaders in the House said they hope to hammer out a budget agreement with the Senate this week and avoid a conference committee.

Tennessee lawmakers are constitutionally required each year to pass a balanced state budget. They have just more than two weeks to get one passed before the next spending year begins on July 1.

But this year's budget has been complicated mainly by additional cuts Senate Republicans want to make on top of those already proposed by Democratic Gov. Phil Bredesen.

A version of the state budget advancing in the House includes issuing bonds for bridge projects and higher education buildings and protecting most state employees from layoffs until April of next year.

Republican House Speaker Kent Williams of Elizabethton describes the spending plan as a "compassionate budget" because it doesn't include the deeper cuts proposed in the Senate Republican version.

The House Budget Subcommittee on Monday advanced the budget proposal sponsored by Democratic House Finance Chairman Craig Fitzhugh of Ripley on a voice vote. Differences in the House budget include restoring about $5 million each for coordinated school health care grants, the Department of Children's Services and the mental health programs for families and children.

"Our goal in the House is to try to avoid a conference committee," Williams said.

House Minority Leader Gary Odom said he'd also like to see that happen.

"I'm hoping that we can pass budgets and get the differences resolved before this week is over," the Nashville Democrat said.

The Senate is scheduled to vote on its version of the budget Tuesday, though Republicans there enjoy a comfortable 19-14 majority and are expected to be able to fend off any Democratic attempts to make changes.

It's another matter in the House, where Republicans may hold a 50-49 advantage but alliances are much more fractured.

However, Williams said based on the House Budget Subcommittee -- which is evenly divided between Democrats and Republicans -- he believes many House members oppose the Senate Republican plan, which includes cutting money for debt service on bonds for higher education capital projects.

"I'm OK with bonding for the higher education capital projects because historically we've done that," said Republican Rep. Joe McCord of Maryville.

House members also oppose the Senate Republicans' proposal to make funding for the governor's pre-kindergarten program nonrecurring.

Bredesen has proposed shifting about $25 million currently drawn from the state's lottery proceeds to the state's general fund budget. But Republicans said they instead want to take the money out of lottery reserves.

"We don't want to jeopardize losing our pre-K program that the administration, the House and the Senate have worked so hard to implement through the years," Williams said. "It sort of scares you when you do nonrecurring dollars."

With the exception of a few changes, Williams said the House budget proposal "pretty much mirror's the governor's original budget."

Bredesen has proposed more than 700 layoffs and deep cuts in mental health and children's services to balance the budget.

Under his spending plan, the Mental Retardation Services Division and the Department of Mental Health and Developmental Disabilities would experience the bulk of the layoffs, with a combined 552 positions eliminated.

But Williams said the House wants to restore some of the mental health dollars.

"We just feel a majority ... of these cuts are just to drastic right now," he said. "I know we may have to do those cuts next year, but let's try to soften the blow as much as we can."

Another Legislative Staffer in Trouble Over Offensive Email
Humphrey on the Hill (Knoxville News Sentinel)
June 17, 2009

From the AP:

A temporary state worker has resigned after sending an offensive e-mail from his state computer, and House Speaker Kent Williams said Wednesday that sort of behavior won't be tolerated.

The e-mail sent by Blake Graves contained several pictures with off-color remarks at the bottom of each, including two that poked fun at an individual with Alzheimer's disease and Asians, officials said.

Graves worked in the office of Democratic Rep. Karen Camper of Memphis, who says she was unaware Graves had sent the e-mail.

Williams, R-Elizabethton, said Graves was asked what he wanted to do, "and he wanted to resign."

"We just can't be using the state computer system to deliver that kind of trash from one person to another," Williams said.

The e-mail follows a similar problem reported this week in which a state employee of a Republican senator used a state computer to send a racist e-mail about President Barack Obama.

A Democratic party news release on the situation is available HERE.

In that case, Sherri Goforth, a legislative aide for Senate Republican Caucus Chairwoman Diane Black, sent out an e-mail that shows a portrait or photo of each U.S. president except Obama, who is depicted as only a set of wide eyes in a black background.

Black acknowledged that Goforth's action was a policy violation and that a letter of reprimand was placed in the aide's file. However, Democratic legislators say Goforth should be fired.

"I think it was very inappropriate and I'm unhappy with the action that's been taken," said House Minority Leader Gary Odom, D-Nashville.

Goforth, who is white, said she was forwarded the e-mail by an acquaintance with no political ties.

She has said she should have deleted it and apologized to anyone offended by it.

State Democratic Chairman Chip Forrester issued a statement praising Williams for his action and saying Lt.Gov. Ron Ramsey should have fired Goforth. He also says that Graves, though assigned to work for a Democratic legislator,was an active Republican.

Stimulus opposition is just more old partisan rhetoric
By Rep. Gary Odom
March 4, 2009

I was surprised to see the chairwoman of the state Republican Party involved in the so-called Nashville Tea Party a few days ago by voicing opposition to the federal stimulus package.

I was surprised primarily because I am confident that GOP Chairwoman Robin Smith is aware that the stimulus package is a federal program, which was created in Washington and not in Nashville.

I am also wondering why those who wanted to rally against the stimulus package did not do so in our nation's capital before the plan became law. Even more surprising to me is that the GOP chairwoman is only now coming out with great concerns about deficit spending when the Bush administration more than doubled (from $5 trillion to more than $11 trillion) the national debt during its eight years in office. Where were the cries for fiscal responsibility then?

I have served in our local and state governments, where deficit spending is prohibited by the Metro Charter and our state constitution. I have long considered deficit spending by our federal government to be an unacceptable manner of governing. The only exception should be a national emergency. Recent reports have convinced me that our present economic conditions constitute a national emergency.

The federal stimulus package is going to help our state government deal more easily with the problems created by the reckless federal government fiscal policies of the past eight years. Make no mistake: Even by accepting funds from the stimulus package, Tennessee state government will still need to make cuts to have a balanced budget, and this could include personnel reductions.

However, the stimulus package will help our state deal with road and bridge infrastructure issues that otherwise would not be addressed. The benefits of the infrastructure improvements — thousands of new jobs are already opening up — are incalculable. The stimulus package funds will also greatly assist in addressing the education, unemployment compensation and health-care needs of Tennesseans.

Those who suggest we refuse the federal stimulus money forget that the mere rejection of the funding for our state does not relieve Tennessee taxpayers of their portion of our country's debt obligation that they individually incurred under this program when it became law.

Such arguments to the contrary by those who held the so-called tea party are nothing more than the old partisan rhetoric that has helped get us to where we are today.

State Rep. Kelsey wants Bredesen to reject stimulus money
By Lucas L. Johnson II
ASSOCIATED PRESS
February 20, 2009

Tennessee Rep. Brian Kelsey said Thursday that he is proposing a resolution that would urge Gov. Phil Bredesen to refuse any money from the federal economic stimulus package.

House Democratic Leader Gary Odom of Nashville responded with a letter to Bredesen requesting that Kelsey and any lawmakers who sign onto the resolution have their districts cut out of any stimulus spending.

Kelsey, a Germantown Republican, said the $787 billion plan that President Barack Obama signed into law this week is not going to provide enough jobs. He also insisted that the vast majority of the money wouldn't come until later years.

"It's going to be too late to stimulate the economy," he said. "We're saddling our children and grandchildren with debt and not providing any jobs in the short run."

The latest calculations from state officials show the plan would make about $3.8 billion available to Tennessee.

"I am requesting that members of the legislature who support the Kelsey measure not receive any of the millions of dollars in discretionary funds for his or her district," Odom said in the letter.

Some governors have said they may reject the funds.

But Bredesen, a Democrat, told reporters earlier this week that he plans to accept the money.

"Tennessee taxpayers — or more precisely their children and grandchildren and great-grandchildren — are paying the tab for this, and I don't really feel like it's appropriate or responsible of me to say, 'Well, I don't want this piece of the money for some particular reason,' " he said.

Bredesen is facing about $900 million in cuts — including laying off hundreds of state employees — for the budget year that begins July 1.

Bredesen has said the stimulus money could help curtail those cuts.

"It is going to help us balance our budget and make things easier for us, and I'm grateful for it," the governor said.

Lawmakers from both parties criticized the proposed resolution.

"We're headed into hard times," said House Democratic Caucus Chairman Mike Turner of Old Hickory. "The president is trying to do something to stimulate the economy to help take us out of this dump we're heading for."

Odom told reporters that if Kelsey didn't want the money, then maybe his Germantown district didn't have to receive it. Rep. Stacey Campfield, a Knoxville Republican, sided with Kelsey and called the stimulus package "pork-ulus," but said his district would likely end up receiving some of the money.

"If we don't have to pay into the (national) debt sooner or later, I'd be more than happy to turn it down," Campfield said. "If we're going to be forced to pay for it, we may as well at least get some of the benefit from it."

Rep. Joe McCord, a Maryville Republican, said he has some issues with the federal package, "but in times like this ... you take what you can get."

Eric Swafford Watch: Life on Mars
By David Weigel
The Washington Independent
February 12, 2009

Rep. Eric Swafford, the Tennessee Republican state legislator who has demanded President Obama's birth certificate and passport records, has become a laughingstock in the state capitol.

When reporters asked House Democrats for their reaction this morning during a press conference, Rep. Larry Miller was incredulous.

"He did what? Who's Eric Swafford?" he asked. "He's from Mars," Democratic leader Gary Odom scoffed.

The party's caucus leader, Mike Turner–fresh out of the hospital for tests for chest pains–laughed: "I actually asked Eric for his [birth certificate] this morning. I told him I wanted to see his. He said he had it in his office. I think it's shenanigans. I don't see how some of these people get elected."

Full disclosure: In the video in the second link above, the dentist/lawyer who's losing her temper is losing it with me. Having been told by another Obama Birther that Orly Taitz wrote sloppy lawsuits and didn't get her facts straight, I was asking her to explain some points of Obama's family history. The results, as you can see, were hilarious.

Tennessee: Prominent Democrats still undecided about gubernatorial race
By Herman Wang
Chattanooga Times Free Press
March 8, 2009

WASHINGTON — While the 2010 Republican gubernatorial primary in Tennessee already is in full swing, the Democratic field still is filling out.

So far, former state House Majority Leader Kim McMillan and Nashville businessman Ward Cammack are in.

But several prominent Democrats remain on the sidelines, still weighing whether to wade into the race to succeed Democratic Gov. Phil Bredesen, who cannot run again because of term limits.

They include former U.S. Rep. Harold Ford Jr.; former Tennessee Democratic Party Chairman Doug Horne; state economic and community development commissioner Matt Kisber; state Sen. Andy Berke, D-Chattanooga; and businessman Mike McWherter, of Jackson, Tenn., who is the son of former Gov. Ned McWherter. State Senate Minority Leader Jim Kyle, of Memphis, also is weighing a race, as is state Senate Democratic Caucus Chairman Roy Herron, of Dresden, and state House Democratic leader Gary Odom, D-Nashville.

"There hasn't been a whole lot of movement," said U.S. Rep. Lincoln Davis, D-Tenn., who himself turned down a gubernatorial run and says he has no plans to endorse anyone yet. "With the economy the way it is, I think folks are sitting back and analyzing how they can resolve that as governor. Even raising money is going to be tough."

Marcus Pohlmann, a political science professor at Rhodes College, said defeating a Republican likely will take a big-name Democrat with strong fundraising credentials.

Republicans in the race include U.S. Rep. Zach Wamp, R-Tenn.; Knox County Mayor Bill Haslam; Lt. Gov. Ron Ramsey, R-Blountville; and Shelby County District Attorney General Bill Gibbons.

Tennessee voted heavily for GOP presidential candidate John McCain in 2008, and Republicans also captured majorities in both state houses for the first time since Reconstruction.

"Given the recent track record of Democrats statewide, except for Bredesen, it does look problematic, unless the Democrats can come up with a unique candidate," Dr. Pohlmann said.

But other Democrats point out that Gov. Bredesen captured all 95 counties in his re-election bid in 2006.

"Tennesseans can't be hog-tied or misled by ideologues on left or right," Rep. Davis said. "It's who's going to capture the hearts of Tennesseans, who's going to gain their trust."

Gov. Bredesen said he will not endorse anybody in the primary. He said the key for a Democratic victory in the general election is to reach out to Republicans and independents.

"We've always been fortunate in having good people step forward in both parties in our state," he said. "I've always felt the trick for Democrats is to talk straight with the people and show you can work across the aisle, not be overly partisan."

Williams is right man to lead House, despite GOP objections
By State Rep. Gary Odom
February 25, 2009

I was very surprised by the recent actions of the leadership of the Tennessee Republican Party to oust House Speaker Kent Williams from their ranks. Their actions speak volumes about their intolerance for moderation or bipartisanship.

Their decision to oust Williams from the party after his election as speaker surrenders not only the position of speaker but also the Republican majority in the House. Apparently, when their anointed one failed in his bid to become speaker, retaliation against one of their own became more important than anything else.

I have had many incumbent Republican House members tell me personally that they thought the decision to oust Williams was wrong. The Republican Party worked for 140 years toward gaining a majority in the House, only to have their leaders throw it all away in less than three months.

It is very important to remember that most of the same players who made the ouster decision were heavily involved in trying to keep Williams from even serving in the House of Representatives, let alone as speaker. They worked hard and spent significant resources to defeat him in his district's Republican primary in 2006 and again in 2008.

These same characters have gone so far as to run negative ads against Speaker Williams in his hometown newspaper after an editorial by the same newspaper that stood up for Williams and his independence. The chairman of the Carter County Republican Party stated publicly that he was never consulted on any of these activities by the state Republican Party. Republicans across the state should remember these traits of their present leadership; these divisive actions will take their toll on the Tennessee Republican Party.

The majority of the House voted for Williams because we thought he would be the most mature, reasonable and effective leader for the people of Tennessee at this time. He will not arbitrarily replace our career legislative staff with the partisan activists from other states who had been lining up to take jobs if Rep. Jason Mumpower had been elected. In addition, Speaker Williams will be fair and nonpartisan on the important issues facing our state.

Kent Williams is not cut out of the same cloth as those Republican leaders. He is moderate in his views and bipartisan in his principles.

That is why I nominated and voted for Kent Williams to be speaker of the Tennessee House of Representatives.

Now is no time to raise any tax
By State Rep. Gary Odom
December 12, 2008

I frequently state that family businesses are the backbone of Tennessee. Yet, even as families struggle through the worst recession in 70 years, the Bredesen administration once again is proposing a new tax on family businesses.

I sincerely hope the governor will reconsider.

My opposition to the governor's tax increase isn't personal or political. I just believe that an across-the-board tax increase on family businesses in the depth of a recession represents poor policy.

Even in good times, family businesses are vulnerable. That's why smart managers separate their business enterprise from their most precious assets — their homes or other real estate on which their business sits. Naturally, the businesses rent the land and buildings they use.

It's these rent payments the administration wants to tax, even though the family businesses already pay state franchise and excise taxes.

Businesses already pay

Historically, these rent payments had not been taxed. When the Sundquist administration applied franchise and excise taxes to limited-liability companies for the first time in 1999, the rent payments were inadvertently included.

In June 2000, state Rep. Matt Kisber, then chairman of the House Finance Committee — and now commissioner of economic and community development — introduced an amendment to exempt commercial rents paid to family-owned non-commercial entities from taxation, correcting the 1999 error. The proposal was passed in the House on a voice vote and, later that day, the Senate unanimously approved.

State Sen. Randy McNally of Oak Ridge, a member of the Senate Finance Committee, said then that the Kisber proposal "addressed an issue of family investment trusts, which we thought were not covered (by the 1999 changes), but it turned out they were."

So, what should we do next? Let's begin with the facts as we know them. We know we can't fix a $1 billion budget problem with this new tax on family businesses. We know that political gamesmanship won't balance a budget or create a job. We know that family business owners have it in their power to reorganize their businesses to avoid any new taxes even if the tax increase is approved.

Let's also consider our values. We should not raise taxes in the midst of a recession. We should provide a stable and predictable tax structure to promote business planning and job growth. We should work together, without petty bickering, across the aisle to solve the problems that matter most. Most of all, we should not apologize for putting a thumb on the scale to help family businesses, especially now.

These aren't Democratic or Republican values; these are Tennessee values. I'm proud our state has made a public-policy choice in favor of family-owned business. It's a choice I will fight to protect.

Democrats stick with Odom

Close vote decides House minority leader

State House Democrats found themselves in two unusual positions Sunday evening: voting for a minority leader, and doing so against the wishes of the Democratic governor.

Rep. Gary Odom of Nashville won a narrow race for minority leader of the House despite efforts from Gov. Phil Bredesen to replace him. Odom served one term as majority leader before Republicans won control of the House in the Nov. 4 election.

"I was disappointed in the governor becoming involved in the caucus election," Odom said. "That would be similar to me questioning his Cabinet."

Odom defeated Rep. Craig Fitzhugh of Ripley, who met with House Speaker Jimmy Naifeh and Bredesen last week. The vote total was not officially announced, although the stacks of paper votes for the two candidates indicated a close race.

Feud continues

Odom and Bredesen's office had been in a war of words — primarily through published reports — during the last week. Bredesen spokeswoman Lydia Lenker had said there were "trust issues" with Odom after he opposed Bredesen's efforts to close a business tax exemption.

"I think that was a cheap shot," Odom said. "I think it was one of the cheapest shots I have ever heard from the governor — any governor."

In an e-mail, Bredesen spokesman Michael Drescher wrote that although the governor respected the vote, "ultimately this doesn't change our position" on Odom.

"We'll continue exploring alternatives for handling the Governor's legislative package, including working with members on both sides of the aisle," Drescher wrote.

The caucus meeting was marked by several calls for unity among House Democrats and the party as a whole, after Republicans gained control of the state legislature for the first time since Reconstruction.

"I think our friends across the aisle have some bad things in store for the people of Tennessee," said Old Hickory Rep. Mike Turner, who was elected caucus chairman.

The Democrats' selection means Odom and Bristol Republican Rep. Jason Mumpower have switched positions in the House — for now.

Mumpower, now majority leader, has designs on the Speaker of the House position and indicated Sunday night that Republicans would be reluctant to compromise on appointments.

"It's the people of Tennessee that have chosen, and they have chosen that Republicans are the ones to lead right now," Mumpower said.

'Tennessean' Endorsements: Legislative races will impact the state
Tennessean
October 15, 2007

District 55 — Gary Odom — Odom, a Democrat, has established a reputation as a skilled majority leader in the House. While holding the leadership role, he has also worked well on individual issues, such as requiring more disclosure from for-profit schools. Odom has also shown an independent streak by being willing to challenge the Democratic administration.

A legislative leader asked Friday that the Tennessee Highway Patrol disclose the list of names included in the unauthorized criminal background checks allegedly run by one of its officers.

House Majority Leader Gary Odom also asked that the THP not investigate its own, calling for an outside agency to look into the matter.

Odom said the list could contain "as many as 300 names," according to multiple sources he has spoken with. He would not disclose the sources.

"I think once we know the names, then we will have a better understanding of the motives for these activities, and then we will know what needs to take place next," said Odom, D-Nashville. "We need to know if these were private citizens, politically active individuals or just acquaintances of the officer."

THP spokesman Mike Browning said the department had received a call from Odom but had not received a formal request.

"It's an ongoing investigation, and the names will not be released until it is completed, when it will be handed over to the district attorney's office," Browning said.

Browning would not comment on whether he thought an independent investigation would be appropriate in this case.

Department of Safety Commissioner David Mitchell wrote in a letter to The Tennessean that any state trooper found guilty of wrongdoing would be "appropriately disciplined," noting that 15 state troopers had been terminated or resigned in lieu of termination since he had been in charge of the THP.

Odom said the Tennessee Bureau of Investigation, Justice Department and District Attorney General's office would be acceptable agencies to head an independent investigation.

"I think it is totally inappropriate for the Department of Safety to be conducting this investigation," Odom said.

"I sincerely hope these checks haven't been used for political or personal vendettas. If they were, we could be talking about official misconduct here."

Odom also said the findings of any investigation should "most definitely" be made transparent to the public.

Access is questioned

Odom said he hoped an investigation would shed light on why the officer in question, Lt. Ronnie Shirley, had access to the database.

"My understanding is the database has very limited access because of its purpose," Odom said. "One can only speculate what these could be used for."

Shirley, who has political connections at the Capitol, made headlines in 2004 for helping get a speeding ticket in Rutherford County dismissed for Dave Cooley, who was the top aide to Gov. Phil Bredesen at the time.

A resulting investigation ended in reprimands for Cooley and Shirley. Shirley was then transferred to an assignment closer to his home in Wilson County. The transfer was part of a ruse by the THP's top brass at the time, as it tried to fake a punishment for Shirley to throw off the press and the public, The Tennessean later reported.

Internal notes obtained by the newspaper said the idea was to reassign Shirley from Rutherford County to Wilson County so that, according to the notes, "the media will be satisfied thinking we did something to him." The reassignment would actually only be "on paper."

Bredesen said at the time the agency had a history of cronyism and problems, but he vowed to clean it up.

The Tennessean reported Tuesday about a separate investigation involving Lt. Col. Danny Wilson, one of the patrol's top officers. Wilson was accused of sexual harassment by the department's sexual harassment training officer.

The investigation found that her claims could not be corroborated, and the department considers the matter closed.

Odom Ends Session with Focus on Working Families

Expansion in K-12 and scholarship funding, as well as major long-term care reform, mark productive legislative period in Tennessee history

Legislative Wrap Up from the office of REP. GARY ODOM
Published: Wednesday, June 4, 2008

__________________________________________________________________________________________________________________

NASHVILLE (May 22) – With nearly 12,000 additional lottery scholarships and long-term care reform for Tennessee seniors in the books, House Majority Leader Gary Odom ended another productive General Assembly focusing on working families.

"Although gas prices continue to climb and the national economy continues to slump, we balanced our state budget with no new taxes," said Odom (D-Nashville). "Our goal has been to take care of working families."

For House members, the significant achievement of 2008 came when a bill designed to expand college scholarship opportunities to nearly 12,000 Tennessee students passed both chambers by overwhelming margins. The new legislation places $359.5 million of lottery reserve funds into an endowment that is expected to produce recurring revenues of over $27.5 million a year. These revenues will fund the expansion of Tennessee's HOPE Scholarship.

"We want as many Tennesseans as is possible to achieve the American Dream and to hang that diploma on the wall," Odom said.

A percentage of the recurring funds will also go to pay for the thousands of Tennessee students who will get to keep their HOPE Scholarship this fall thanks to a reduction in the retention GPA requirement. Current figures show that over 70% of incoming freshmen lose their HOPE Scholarship in the first year. By adjusting the retention GPA from a cumulative 3.0 to a 2.75 for the first three years of college, students will have a better opportunity to finish college and not have to make the difficult choice of dropping out or being saddled with college debt thanks to one bad semester.

"Many students have to work for a living and may have a hard time adjusting when they get to college," Odom said. "I know that we've opened the door for as many as 12,000 students to see their way through college."

Long-Term Care Legislation Passes Unanimously in the House

In addition to an expansion of the scholarship funding, House Democrats led the charge in enacting major reforms to Tennessee's long-term care system.

"For a long time many of us have been looking for ways to help Tennessee's seniors stay home longer and not have families be forced to make the difficult choice of placing their loved one in a nursing home," said Long-Term Care Committee Chairman Dennis Ferguson (D-Midtown). "Now Tennesseans have a choice when it comes to long-term care."

The "Long Term Care Community Choices Act" creates a long-term care system designed to promote home and community-based services. Under the new legislation, older Tennesseans will now receive long-term care information from one primary office controlled by Tennessee's regional agencies on aging and disabilities. These primary care centers would advise seniors of available long-term care services and their specific eligibility.

The new legislation also coordinates Medicaid funding to allow for funds to go beyond just nursing homes and creates one place for seniors and their families to go to find out the best information possible with it comes to their options. It also requires the implementation of consumer-directed care options that allow family members, friends or local neighbors to be hired as in-home caregivers and provide seniors with the ability to remain at home. Those unable to live at home can now have more choices beyond the standard nursing home, including companion care, family-care homes and assisted living facilities.

Additional highlights from the House Democratic Caucus during the 105th General Assembly include:

Helping Heroes, Need-Based Grants and Non-Traditional Student Scholarships: Besides revising GPA retention requirements to Tennessee's HOPE Lottery Scholarship, House Democrats this year also created new scholarship opportunities including the "Helping Heroes Act of 2008."

The "Helping Heroes Act of 2008" provides $1,000 per semester for up to eight semesters to any Tennessee soldier returning from duty in Iraq and Afghanistan who attends one of Tennessee's public four-year colleges. These funds help bridge the gap between the current GI Bill funding level and the actual cost of attending college.

The new lottery scholarship legislation also provides funding for 5,000 Tennessee Student Assistance Corporation (TSAC) need-based grants designed to help students, regardless of educational status, with the overwhelming cost of higher education. The bill also revises the non-traditional student qualifications of the HOPE Scholarship, reducing the minimum age from 25 to 23, and cutting the required class hours paid by the student from 24 to 12.

K-12 Funding Increase and Pre-K Expansion:Last year Tennessee's local school districts received nearly $350 million in new funding thanks to the state's revised basic education program called "Schools First," or BEP 2.0.

BEP 2.0 now pays for 100 percent of student enrollment growth at local schools, plus at-risk student programs and English language-learner curricula. The state now also picks up 75 percent of teacher salary funding, with starting salaries raised last year from $36,700 to $38,000.

Under the accountability guidelines for public schools set when BEP 2.0 was enacted last year, the state Department of Education can take over failing schools at least two years earlier than was previously possible. Principals face stricter performance standards under the new system, but have also been given more power over school budgets and administrative staffing. Teacher competency that in the past was accessed twice every 10 years is now accessed once every two years.

The "Schools First" program also augments the pre-graduation gateway examination given to high school seniors with three new mandatory assessment examinations. Students in grades 8, 10 and 11 take the tests to evaluate their mathematics, reading and critical thinking skills.

In addition, last year more than 250 new Pre-K classrooms were added statewide, bringing the total Pre-K investment to $95 million and nearly 1,000 classrooms in 2007.

Fiscal Responsibility:One theme remained constant during the 105^thGeneral Assembly. Whether it was a surplus or a deficit, House Democrats exercised fiscal responsibility and made sure a balanced budget with no new taxes was passed.

In 2007, at the height of what looked to be an economic upturn, Tennessee residents of the state's 95 counties got to spend a little less at the supermarket when lawmakers permanently reduced the sales tax on food from 6 percent to 5.5 percent.

Many elderly and disabled homeowners across Tennessee were able to save on their property taxes thanks to new legislation passed during the 105^thGeneral Assembly. Under the legislation, homeowners over the age of 65 with incomes of less than $24,000 can apply to have their property taxes frozen at their current rates. Veterans who are 100 percent disabled from active duty military service may also apply for the tax rebates.

In addition to the property tax freeze, all Tennesseans received three "Back to School" sales tax holidays during the 105th General Assembly, and will receive another in August of this year. The 72-hour events remove sales tax for certain school and art supplies, clothing with a retail price of $100 or less, and computers priced $1,500 or less.

At the same time they were cutting taxes, House Democrats took the initiative to tuck away an additional $250 million into the "Rainy Day Fund," putting the total balance at over $750 million. These funds were not necessary for the current fiscal shortfall, leaving the entire balance available should the current economic slowdown continue next year.

AT&T and Cable Compromise on Statewide Franchising:Lawmakers passed sweeping legislation to provide for more competition amongst cable providers to allow for more choice and possibly lower prices for Tennesseans.

After a bill to allow statewide franchising rights in video and Internet services stalled late in the first session of the 105th General Assembly, House and Senate leaders buckled down with representatives from AT&T, Tennessee's cable companies and the Tennessee Municipal League to create and pass in 2008 the "Competitive Cable and Video Services Act."

Under the new legislation, competitors would be able to obtain a ten-year state franchise certificate from the Tennessee Regulatory Authority (TRA) with the requirement that the company must build-out to at least 30% of their existing service area within 3.5 years. Companies would also be required to expand 25% of their total new services to underserved and low-income areas. Failure to meet either of these goals would result substantial financial penalties.

The new legislation also takes steps to protect local interests, specifically the power of local government. Under the new bill local franchise fees direct to local governments will remain in effect and any construction of right-of-ways will be under local regulation and approval.

Tougher Illegal Immigration Legislation Passes House:In both 2007 and 2008, House Democrats were lead sponsors of legislation designed to strengthen state laws that combat the issue of illegal immigration.

Last year the House overwhelmingly passed the "Tennessee Immigration Compliance Act," a bill that would have denied certain local, state or federal public benefits to illegal immigrants. It also required law enforcement to check the citizenship of any person charged with a felony. Unfortunately, the measure was never taken up in the Republican-controlled State Senate and never became law.

This year, Democrats again presented a tough bill on illegal immigration on the floor of the House, this time mirroring similar laws passed in the state of Oklahoma. The "Tennessee Taxpayer and Citizen Protection Act of 2008" would have made Tennessee one of the toughest states in the country when it comes to the issue of illegal immigration.

As with the previous bill, it passed the House of Representatives overwhelmingly, but was never acted upon by the Senate.

Public Safety: During the 105^thGeneral Assembly, state representatives passed much tougher legislation to strengthen public safety laws that ensure the well being of Tennessee's children.

Last year lawmakers passed "Jessica's Law," a bill named after Jessica Lunsford who was raped and murdered by a previously convicted sexual offender. The new law dramatically increases the amount of time child predators spend in jail. The new law also approves funding for Global Positioning System (GPS) devices to be worn by child sex offenders at all times.

In addition to "Jessica's Law," last year lawmakers also passed legislation increasing prison sentences to those who use guns in committing felonies. The "Crooks with Guns" legislation set aside $38 million for tough crime-fighting initiatives, including increased mandatory prison sentences for perpetrators who use guns in specific violent crimes. The new law also increases mandatory prison sentences from three to 10 years if guns are discharged during a criminal act if the offenders have prior convictions.

Lawmakers also 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 officers.

Scrap & Precious Metal Theft Legislation: Recognizing the escalating problem of scrap metal and precious metal theft in Tennessee, legislators implemented new regulations to curb the black market trade.

With the price of copper and other common metals soaring, many Tennesseans began noticing an unusual spike in crimes committed on local homes and cars where precious metals were readily available. This problem, lawmakers learned, has escalated into a widespread epidemic in both rural and urban areas.

To combat the growing crisis, lawmakers enacted tougher new regulations to help keep an eye on the problem. Under the new legislation, scrap metal dealers may not buy or otherwise acquire metal from anyone who does not present a valid state or federally issued photo ID and may not sell to anyone under 18. Dealers must also require a thumbprint record of a person who wishes to sell scrap metal to the dealer. Dealers will also need to register with the Department of Commerce. First and second violations will result in a Class A misdemeanor charge, with a third violation resulting in a Class E Felony.

Consumer Protection from Predatory Proprietary Schools & Insurance Companies: With the cost of education continuing to rise, House Democrats passed new regulations to help protect potential students from predatory proprietary schools.

Under new legislation passed this year, proprietary schools will now be required to provide complete tuition costs, job placement data and graduation rates to any prospective or current student both in writing and online. If the school is under any form of probation, students must also be made aware of the probationary status. The schools will also be required to meet the same transferability criteria as any current public college in the state of Tennessee, meaning classes taken at the school must be transferable to a traditional public institution.

House Democrats also implemented new safeguards to protect consumers with insurance claims from being denied appropriate assistance.

Taking effect January 1, The "Tennessee Unfair Trade Practices and Unfair Claims Settlement Act of 2009" defines and regulates "unfair trade practices" in the business of insurance within present law. Under the new definitions, insurance providers will be required to follow stricter guidelines with regards to claims requests, approvals and denials and will be subject to greater scrutiny under the law for questionable denial practices.

- ### -

Provision dropped from tax code bill

By Tom Humphrey, Knoxville News Sentinel
Published: Thursday, May 15, 2008

NASHVILLE - Gov. Phil Bredesen's administration retreated Wednesday from a push to require that some commercial real-estate holdings pay business taxes - at least temporarily.

The provision in question, which had become the focus of growing opposition and lobbying from affected businesses, was part of a 77-section "technical corrections bill" containing multiple changes in the state's tax code.

The controversial section was deleted with the administration's approval during a meeting of the Senate Tax Subcommittee, which then unanimously approved the overall bill. Some other provisions also were dropped. The overall bill, SB4173, was then approved unanimously by the subcommittee.

The controversial provision would apply state franchise and excise taxes to "family-owned, noncorporate entities," known by the acronym FONCE, that have been exempt from the levies since 2000. Repeal of the exemption, which Bredesen and Revenue Commissioner Reagan Farr have characterized as closing a loophole, would have generated an estimated $15 million in new revenue. That estimate, however, was subject to considerable debate.

House Majority Leader Gary Odom, D-Nashville, suggested Wednesday that the new revenue from FONCEs could reach $60 million. Farr said the $15 million is "extremely conservative," as it should be, though $60 million would be "way beyond" even a high estimate. He said there are 8,636 FONCEs in the state, but no one knows how many hold commercial real estate - the only type that would be subjected to taxation.

The $15 million is based on an "educated guess" that about 2,000 FONCEs hold commercial real estate, he said. Others hold stocks and bonds, bank accounts, residential property or other assets that would not be subject to taxation.

Odom, House sponsor of the overall technical corrections bill, has declared his opposition to the FONCE provision. The Senate sponsor, Sen. Jim Kyle, D-Memphis, is supportive but told the committee Wednesday that the provision was being dropped to allow the rest of the bill to move forward. Kyle said, however, that another bill that could be amended to include the FONCE provision - or anything else in the Tennessee tax code - was being held as a backup in case it is needed to make other tax changes to balance the state budget in the waning days of the 2008 session.

"We decided there are a lot of things in the (technical corrections) bill that need to pass, so we strip out the FONCEs and move on," said Farr. "This does not solve the budget issue, so I think all (possible tax options) are still on the table."

The commissioner said his department is prepared to respond to legislator requests for other revenue-enhancing options. He declined to say what they might be.

"We don't want to stir up a hornet's nest for something that never sees the light of day," said Farr.

Also deleted from the technical corrections bill were two provisions that Farr had deemed "taxpayer friendly." They were:

-- A provision that broadens the circumstances under which a company can claim a deduction against sales tax payments for bad debts.

-- A provision that changes the exemption to the state's gift tax. Current law allows a $12,000 exemption for gifts to close relatives but only a $3,000 exemption to others. The deleted provision would have made the $12,000 exemption apply to all gifts.

Also deleted was a provision that would require hotels and motels to pay sales tax on food purchased to serve as "continental breakfasts" to guests, with no charge to the guest.

Tom Humphrey may be reached at 615-242-7782.

House almost unanimous in easing scholarship needs; G'town's Kelsey only 'no' vote

By Richard Locker, Commercial Appeal

Friday, May 16, 2008

NASHVILLE -- The state House overwhelmingly approved a scaled-back expansion of Tennessee's lottery scholarship program Thursday night, including allowing college students who earn a minimum 2.75 grade-point average to retain the grants.

The bill also allows students to receive the Hope Scholarships -- which range up to $5,000 per year -- for five years or until they receive a baccalaureate degree, whichever is first.

The Senate is working on a differing version of the bill, which it will likely vote on next week before the General Assembly adjourns for the year, but the two chambers are closer on the issue now than they have been in two years. Both chambers must pass identical versions before it becomes law.

The biggest single difference between the two is that the Senate version extends the minimum 2.75 GPA "retention" standard only through a student's sophomore year. Under current law, freshmen recipients of the Hope Scholarships are allowed to earn 2.75 but their cumulative GPA must rise to 3.0 by the end of the sophomore year.

The House approved its version 92-1 with Rep. Brian Kelsey, R-Germantown, casting the only "No" vote. He set off a short burst of opposition speeches when he declared during the debate that lowering the retention GPA to 2.75 would turn a program that he said was intended to be "for the best and the brightest" into one for the "not quite as best and not quite as brightest."

"I opposed the lowering of the GPA to 2.75 last year and I oppose it this year," said Kelsey, an honors graduate of the University of North Carolina and the Georgetown University law school.

House Democratic Leader Gary Odom of Nashville said that when the legislature approved the scholarship program, it set the college GPA at 3.0 for second-, third- and fourth-year students because officials were unsure how much money the lottery would generate.

"It's the Hope Scholarship program. It's not the best and brightest scholarship program. It's to help Tennesseans get a college education," Odom said. "Ladies and gentlemen, we've got Tennesseans who have to work while they're in college. Everybody doesn't have the opportunity to have a free ride or a well-financed family that can pay for their college education."

Rep. Joe Towns, D-Memphis, said the House bill is structure to do "the most good for the most people that we can. In the House, we never talked of the 'best and brightest.' The best and brightest can go to any school in this country they want to."

Hope Scholarship Bill

The House approved a lottery-scholarship expansion bill Thursday night that:

Lowers the cumulative GPA required of college sophomore, juniors and seniors to keep the grants from 3.0 to 2.75. Current law allows freshmen to earn a 2.75 and keep the grants.

Allows students to receive the Hope grants for five years or until they obtain a baccalaureate degree, whichever is first. Current law cuts off the grants at the completion of 120 credit hours

Increases funding for need-based Tennessee Student Assistance Awards by $6.8 million.

If lottery proceeds exceed estimates, scholarships will be available to veterans of the wars in Afghanistan and Iraq.

Contact Nashville Bureau chief Richard Locker at (615) 255-4923.

Legislature Gives Back to Taxpayers
By GARY ODOM / HOUSE MAJORITY LEADER SUMMER NEWSLETTER
August 15, 2007

Because of our fiscally conservative and sound budgeting over the last several years as well as a booming economy here in Tennessee, we knew it was time to give back to the taxpayers.

Here's how we did it:

• Residents of the state's 95 counties will pay less at the supermarket because the Legislature permanently reduced the sales tax on food from 6 percent to 5.5 percent. The state's cost is estimated at $41 million annually. The food sales tax reduction takes effect January 1.
  
• Tennesseans can also look forward to another 72-hour sales tax holiday during Easter weekend 2008, from March 21-23. As with the two prior events, 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.
  
• Many elderly homeowners may qualify for property tax relief authorized by the Legislature. In 2006, Tennessee voters amended the state constitution to specifically allow such tax breaks. According to the enabling legislation, local governments may voluntarily exempt certain homeowners who are 65 years of age or older from future property tax increases. About 300,000 residents could be helped statewide by having their property taxes frozen at the amount paid the year such homeowners qualified.
  
• A related bill increases the income eligibility level from $20,000 to $24,000 annually for elderly residents who receive property tax rebates from the state.
  
• Veterans who are 100 percent disabled from active duty-related activities may also apply for property tax rebates. Formerly, only veterans with combat-related disabilities qualified. An estimated 4,000 veterans could take advantage of this tax break. The cost for the state is $2 million.

House Pushes Largest Education Improvement in Decades
By GARY ODOM / HOUSE MAJORITY LEADER SUMMER NEWSLETTER
August 15, 2007

I know that Tennessee has plenty of room for improvement when it comes to education. My constituents tell me all the time.

This year the General Assembly, through our Schools First Initiative, boosted education with more than $500 million in new funding for our schools. We set goals and we reached them.

Following are just a few of the goals we accomplished:

• We continued to increase funding for pre-kindergarten programs by adding 250 new classes.
  
• We used lottery surpluses to prepare students to: receive and maintain scholarships and complete programs.
  
• One way we achieved this was to increase lottery scholarship awards at four-year schools from $3,500 to $4,000, at two-year schools from $1,900 to $2,000 and Wilder-Naifeh Technical Grants from $1,500 to $2,000 to help increase aid for students that wish to attend technical centers.
  
• We had to protect lottery funds from one-time spending (an attempt by our opponents would have spent roughly $100 million in a reckless manner). We fought to preserve existing funds for scholarships as the current scholarship program has yet to reach maturity.
  
• In higher education, $48 million in funding was provided to hold down tuition increases for college students.
  
• Roughly $3.8 million was provided for more funding into Tennessee Student Assistance Corporation (TSAC) grants to aid our college students with tuition.
  
• We continued to raise average teacher salaries to $38,000 and plan to see the next increase to $40,000.
  
• For the first time ever, we fully funded schools' ability to educate our at-risk and lower income students.
  
• In an unsuccessful attempt, the House lowered the requirement for keeping lottery scholarships to 2.75 G.P.A.; however the Senate refused to bring the initiative up for a vote on the last day of session. We plan to fight to get this done next year to help make these scholarships more available for those that need it most and change the "elite" nature of the current plan. We ask the Senate not to kill it again in the future.
  
• The state, while upping accountability standards, also now is assuming 75 percent of the cost of education up from 65 percent previously shared. This, in effect, should take more of the education funding burden off the backs of local government to help keep everyone's local property taxes from rising.

Getting Serious About Gas Prices
By GARY ODOM / HOUSE MAJORITY LEADER SUMMER NEWSLETTER
August 15, 2007

The House and governor recognized this year that it was time to get serious about alternative fuels.

Tennesseans are tired of paying outrageous prices for gasoline. And, we know that our environment and the air that we breathe can and should be cleaner.

We wanted to improve upon our economic and environmental future while turning Tennessee into a farm-based fuel leader.

We hope that with some of the things we did this year we can create 4,000 jobs and more than an estimated $100 million in increased annual farm revenue.

Roughly $61 million was included in the budget bill I sponsored this year to help Tennessee move toward lowering gas prices and becoming a leader in alternative fuels.

Here's what we did:

• Appropriated $40 million in bonds to build a pilot bio mass ethanol plant.
  
• Provided $10 million for colleges and universities to research the use of switchgrass.
  
• Provided $3 million for other alternative fuels sources.
  
• Funded $8 million in incentives to help Tennessee farmers to tap into alternative fuel markets.¦

Tightening Up Immigration Laws
By GARY ODOM / HOUSE MAJORITY LEADER SUMMER NEWSLETTER
August 15, 2007

I try to be very straightforward about the illegal immigration issue in this country and in Tennessee. The fact is this problem cannot be solved at the state level. Congress must act. In legislation this year, I urged them to do so.

Despite a lack of action on the national level, I and my colleagues worked hard this year to come up with some tough, common sense approaches to dealing with immigration in Tennessee.

The Legislature abolished Tennessee's controversial certificates for driving (CFD). A new approach 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.

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.

• We also 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.
  
• 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.¦

Tennessean Thursday, 07/26/07
State statutes deter distracted motoring

By STATE REP. GARY ODOM

Cell-phone use has skyrocketed over the past few years. It has gone from being a luxury enjoyed by the elite to a convenience shared by people in all walks of life.

With the convenience and the positive things that go along with the cell phone, there are also concerns and risks involved in cell-phone use.

As your readers probably have noticed, pedestrians and motorists often become lost in conversation and forget their surroundings for seconds or minutes at a time. This can be, at the least, annoying, and may often turn dangerous.

As this technology has advanced by leaps and bounds, I believe the General Assembly and our Transportation Committee have taken a common-sense approach as to how we should treat the use of cell phones, particularly in motor vehicles.

In 2003, the legislature passed Public Chapter 180, TCA 55-8-192, which prohibits cell-phone use by school-bus drivers when a bus is in motion and children are on board. The only exception to the statute is if the cell phone or a two-way radio is used from a central dispatch or school department. The penalty for breaking this law is a Class C misdemeanor punishable by a $50 fine. This was the first specific state statute passed addressing cell-phone use while driving a vehicle.

Subsequently, because of the inexperience of our younger motorists and the high rate of driving fatalities among teens, in 2005 the legislature passed Public Chapter 236, TCA 55-50-311. This law prohibits a learner's-permit or intermediate driver's-license holder from operating a vehicle in motion while using a handheld cell phone. A violation of this is punishable by a $50 fine and the driver would be ineligible to apply for an intermediate or unrestricted driver's license for an additional 90 days from the time the driver is eligible. There is an exception if the driver used the handheld phone in an emergency.

Stiff penalties for reckless driving

The legislature decided not to go so far as an all-out ban, as some states have. There are a number of activities that we know can distract a driver, such as eating or putting on makeup.

There is already a rather stringent law in place that addresses this problem, whether it is caused by cell-phone use or a person having lunch while driving.

A motorist could be ticketed on a charge of reckless driving if they decide to pay more attention to their cell phone than the road.

The reckless-driving statute, TCA 55-10-205, could be used to pull over a driver if the cell phone was the cause for "any person who drives any vehicle in willful or wanton disregard for the safety of persons or property…"

A violation of this law is a Class B misdemeanor, which could result in a fine of up to $500 and/or up to six months in jail.

So, Tennesseans need to keep in mind that the use of a cell phone in a vehicle could result in a serious offense, especially when eyes and ears are tuned into text-messaging or phone calls and not the road.

Deceiving doctors for drugs now is a felony
By CLAUDIA PINTO / TENNESSEAN
August 06, 2007 02:42 AM

Toothaches, back pain, migraine headaches. Dr. Corey Slovis has seen people fake all kinds of illnesses to try to get narcotics from the emergency room.

To convince doctors of kidney stone attacks, he said, some people have gone so far as to prick their finger to bloody their urine sample.

"You'd be amazed at the things people do to get their drugs," said Slovis, chairman of the department of emergency medicine at Vanderbilt University Medical Center. "There are people who spend a large amount of their time going from ER to ER and from doctor's office to doctor's office trying to get narcotics to use or sell."

The practice is known as "doctor shopping." And in the past, there was no easy way for health-care providers to deter it, except turn people away. Emergency rooms don't even have that luxury because by law they must evaluate everyone who comes for treatment.

A new state law that went into effect June 18 makes it a felony to doctor shop - at least for the people enrolled in TennCare.

It's now a felony for TennCare enrollees to doctor shop and carries a penalty of one to six years in jail, depending on a person's prior record, said state Rep. Gary Odom, D-Nashville, one of the bill's sponsors.

"The state doesn't want to be funding illegal drug trafficking," Odom said.

TennCare could, and did, prosecute people for selling drugs they fraudulently obtained, but the new law makes it easier to bring charges.

The new law makes it a crime for people simply to knowingly deceive different medical providers by getting prescriptions for a controlled substance without disclosing that they've already been given a similar prescription within the past month.

Controlled substances are drugs that have the potential for abuse or addiction, such as pain relievers OxyContin, Dilaudid and Lortab.

The state recently sent letters to 30,000 doctors, nurses and pharmacists letting them know about the new law and that they can now report people they suspect of doctor shopping. Enrollees did not receive a similar letter.

People who are not enrolled in TennCare cannot be prosecuted. Slovis said it's unfortunate that the law doesn't apply to everyone because the problem isn't limited to the TennCare population.

Odom said the legislation was recommended by the Office of the Inspector General, an agency created to deal with TennCare fraud. However, he said he's in the process of working on a broader bill that would apply to everyone.

If health-care workers suspect a TennCare enrollee is doctor shopping, they can report their suspicions to the Office of the Inspector General by calling 1-800-433-3982. The enrollee will then be investigated for TennCare fraud.

Bill allows Tennesseans to freeze access to credit data
By John Rodgers, jrodgers@nashvillecitypaper.com
January 25, 2007

To protect against the "growing crime" of identity theft, Tennesseans would be able to freeze access to their credit reports to keep would-be thieves from financial information in a proposal the state Legislature will consider this year.

The Credit Report Security Act, AARP Tennessee's main legislative initiative, is designed to give Tennesseans a "tool to help protect them selves from the growing problem of identity theft," said Rebecca Kelly, AARP Tennessee's state director.

It works through giving Tennesseans a chance to freeze or block access to their credit information.

If a person's credit report were frozen, a creditor would not have access to the data unless the person unlocked it.

That's important because a creditor would then have no way to approve credit to a thief who's stolen a person's identity and wants to open an account in that person's name.

"It makes sense," House Majority Leader Gary Odom (D-Nashville), the House sponsor of the bill, said. "With technology what it is today and the rapid exchange of information, we want to make sure identity theft is as difficult as possible to carry out."

Currently, 25 states allow consumers to have some form of a credit freeze to protect against identity theft.

Kelly said 10 million Americans are victims every year of identity theft. In 2005, she said 3,400 cases were reported in Tennessee, but Kelly expects there were "many more" that went unreported because people feel "embarrassed."

"It's a growing crime across the country right now," she said.

A consumer can unlock their credit report by contacting the three major credit bureaus and giving them his or her given personal security code.

Upon an initial request to freeze access, the block would go into effect no later than three days after the request is received by the credit bureau, according to the proposal.

Odom acknowledges, however, that having the freeze could be "more time consuming" for a consumer needing timely access to their credit report.

"It's a tradeoff for someone who's wanting greater privacy," Odom said.

AARP Tennessee wants consumers to be able to have their credit information unfrozen within 15 minutes of calling or e-mailing a credit bureau.

Consumers are charged up to $5 for requesting the freeze at each of the credit bureaus. The bill says a person cannot be charged for temporarily or permanently lifting the block.

If the Credit Report Security Act passes this spring, it would go into effect Sept. 1. Although AARP has the bill at the top of its priority list, Tennesseans of all ages would be able to freeze access to their credit data – not just those 50 and older.

In addition, the bill would require state and local governments as well as businesses to make "reasonable efforts" to prevent the disclosure of social security numbers.

AARP officials said this means the state would no longer have the option to print a social security number on a driver's license.

Also, businesses and government would not be able to display social security numbers publicly, mail that information to consumers or be used as identification on the Internet unless it's "encrypted or otherwise protected."

Those restrictions would become effective Jan. 1, 2008. Violators wouldn't be punished with a Class B misdemeanor, however, until Jan. 1, 2009 to allow time to adjust to the law.

New majority leader has to deal with the past
By John Rodgers, jrodgers@nashvillecitypaper.com
November 21, 2006

State House Democrats elected Gary Odom as their Majority Leader, despite not being from West Tennessee and having policy differences with two of his party's top leaders - Gov. Phil Bredesen and House Speaker Jimmy Naifeh.

Saturday, Odom (D-Nashville) defeated Rep. Mark Maddox (D-Dresden) by a vote of 33-18 in a secret ballot.

Maddox, who was the assistant majority leader, is from West Tennessee where House Democrats have produced some of their most veteran leaders, with recent history dating back to former Speaker Ned McWherter, Naifeh (D-Covington), long-time caucus chairman Randy Rinks (D-Savannah) and Speaker Pro Tem Lois DeBerry (D-Memphis).

A Maddox victory would have put a fourth West Tennessean into the top four leadership positions among House Democrats, further expanding what has been called the "West Tennessee mafia."

But Odom won with strong statewide support.

"Over the years, West Tennessee has tended to dominate the caucus," said Ed Cromer, editor of the nonpartisan Tennessee Journal newsletter. "So it may be that members didn't want West Tennessee to have the whole slate."

For his part, Odom said his 33 votes showed that he got broad support from all across the state, from white and black legislators, as well as from urban and rural Democratic lawmakers.

His election to the spot of majority leader will require Odom to sponsor most of the Bredesen administration's initiatives and work closely with Naifeh.

But the 55-year old Odom, who Cromer describes as "a bit of a maverick," has disagreed with Bredesen on issues like TennCare and with Naifeh on policies such as the state income tax.

This past legislative session, Odom sponsored a $75 million bill to put uninsurable Tennesseans back on TennCare that Bredesen had previously disenrolled. He also pushed a bill to increase the cigarette tax while cutting the sales tax on food.

The Bredesen Administration opposed the cigarette, food tax bill and didn't wholeheartedly back the TennCare bill. Instead, they maneuvered the TennCare proposal into helping the uninsurable under Bredesen's Cover Tennessee health plan.

Odom said he and Bredesen "certainly have had our differences," dating back to when Odom served in the Metro Council while Bredesen was mayor of Nashville.
"The entire Democratic caucus wants to work with this governor … but at the same time, the legislative branch and the executive branch of our state government are equals, along with the judiciary," Odom said. "So we need to work together, and that's what I intend to do, work together."

The governor phoned Odom Saturday afternoon to congratulate him. Lydia Lenker, Bredesen's spokeswoman, said Monday that the governor was on vacation and didn't have further comment on Odom's selection as Democratic leader.

Naifeh, who once supported a state income tax that Odom opposed, did not return a phone call to his home office Monday.

Odom said he has "great respect" for Naifeh, but acknowledged that they "have not agreed on a lot of issues over the years."

Besides not being from West Tennessee, Odom's election to the Majority Leader post may have been aided through him not having an opponent for re-election.

As a result, Odom campaigned extensively for Democratic incumbents and party challengers in recent months, telling them that if they weren't satisfied with how things were, then he was their candidate.

"I think we should have won more seats this time," Odom said of the recent election. "We had a governor who had won 95 counties in Tennessee. We had a dynamic, exciting Democratic candidate for the United States Senate. And yet we were held to the status quo, and I'm not for the status quo."

In the House, Democrats maintained their 53-46 majority, despite Bredesen winning all 95 counties and the national mood favoring Democrats.

Odom said he would improve Democratic chances by putting together a "clear and concise message" and get that out to all parts of the state.

In addition, Odom could have been aided through being the chairman of the Davidson County legislative delegation, which has eight Democratic lawmakers plus Odom that could have voted for him.

Odom will be replacing former Rep. Kim McMillan (D-Clarksville), who didn't seek re-election.

Cromer said McMillan was "certainly a good majority leader," but "it's a little early to say how effective Odom will be."

"I guess we'll just have to give him a chance and we'll see," Cromer said.

Alternative medicine meeting attended by legislative panel closes

By Missie Mills
Press Staff Writer, Johnson City Press
mmills@johnsoncitypress.com

The issue of support for complementary and alternative medicine will soon be presented to the Tennessee State Board of Medical Examiners in Nashville.

Dr. Robert C. Allen calls this a beginning. "There is a lot of potential for positive change," said Allen, who owns the Center for Integrative Medicine at the Oaks Castle, South Roan Street, which hosted the Professional Occupations Subcommittee of the House Health and Human Resource Committee during a two-day meeting to discuss CAM.

"There was a lot of good information provided about therapies and health considerations which are not considered mainstream," said Rep. Gary Odom, D-Nashville.

Odom and other legislators heard from patients and doctors about therapies like chelation therapy, which is being tested as a treatment for heart disease. The therapy is not covered by most insurance companies.

"We heard a lot of good testimonials here from patients who benefited (from CAM) and they were very convincing and very passionate," he said.

Odom said there are no specific sanctions against CAM, but there is fear by practitioners. These practitioners are recommending a state law to make certain they can practice.

"Both the Tennessee Medical Association and State Board of Medical Examiners were invited to this meeting," Allen said. Neither was represented.

"At the meeting in Nashville, the board and TMA need to be present in order to share with us what their views (on CAM) are and why there is a concern," Odom said.

"We want the state to have specific guidelines on how to deal with this," said Dr. Joseph E. Rich. "This is about health freedom — freedom of health care access. ... Tennesseans should be able to decide what type of therapy they want, whether it be complementary or alternative."

"We've heard firsthand from patients who value (CAM)," said Rep. David Shepard (D-Dickson). "Obviously they have to pay for it and are willing to pay for it. The government shouldn't stop people from purchasing health care," he said.

"If they don't allow medicine to change its direction, the people are only going to get the health care they're getting now," said Alternative Care Practitioner John Kestner of Healthy Reflections. "It's about the freedom of health choice."

Shepard said he is willing to support the legislation. "The patient Bill of Rights should never be voted against," he said.

"A lot of other states have already passed legislation," said Rep. Bob Patton (R-Johnson City). "It's about the patient's ability to choose. It is their life, after all."

State panel meets on alternative medicine

By Missie Mills
Press Staff Writer, Johnson City Press
mmills@johnsoncitypress.com

Will complementary, alternative and integrative medicine be given the same support as mainstream medicine?

The Professional Occupations Subcommittee of the state House Health and Human Resource Committee will continue meeting today at the Oaks Castle, South Roan Street, to discuss possible recommendations concerning unconventional treatments and medicines.

The two-day session began Thursday afternoon with an introduction to the subject.

The National Center for Complementary and Alternative Medicine defines complementary and alternative medicine as "a group of diverse medical and health care systems, practices, and products that are not presently considered to be part of conventional medicine."

Complementary medicine is used together with conventional medicine, whereas alternative medicine is used in place of conventional medicine.

Integrative medicine "combines mainstream medical therapies and CAM therapies for which there is some high-quality scientific evidence of safety and effectiveness," according to NCCAM.

Chelation therapy is an example of alternative medicine. NCCAM defines chelation as "an investigational therapy using a man-made amino acid, called EDTA. It is added to the blood through a vein."

Chelation is being tested for the treatment of heart disease. Like much alternative medicine, it is not covered by most health insurance companies.

"The purpose (of the meeting) is to try to help Tennesseans access quality health care," said Dr. Robert C. Allen, who owns the center.

"Alternative medicine is a topic that has always been of specific interest to one of our more active subcommittee members, Rep. Bob Patton (R-Johnson City). At his request, we have decided to hold our July meeting in his community," said state Rep. Gary Odom, D-Nashville, in a news release.

"This meeting will allow us to hear testimony on how to begin to set the stage for the future," Patton said.

"We should all leave with ideas and proposals to remove barriers to quality health care," Patton said.