The 2013 legislative session is coming to a close. But we still need your help contacting legislators about the bills that are moving. Important items moving this week include:

Stopping the Obamacare Medicaid expansion,
Putting major restrictions on the use of drone technology in Tennessee,
Two constitutional tender bills, and
Asset forfeiture reform.

You can follow our “Legislative Mischief Alerts” to several bills where we know legislators or perhaps even Governor Haslam are engaged in underhanded tactics to block good bills. Be sure to let legislators know you are on to these tactics when you contact them.

Please contact the legislators listed for each bill. Remember to be polite, but firm in your communications with legislators. Remember that on short notice phone calls always count for more than e-mails. We need to flood legislators with support for these bills.

Also, if you can be there, we need to pack these rooms with as many bill supporters as possible. Be sure to dress professionally.

Anti-Obamacare

HB0937 by Rep. Jeremy Durham / SB0804 by Sen. Brian Kelsey

Official Summary: As introduced, prohibits Tennessee from participating in any Medicaid expansion authorized under the federal Patient Protection and Affordable Care Act.

TN-TAC Comments: While grassroots pressure may have gotten Haslam to forego creating a state exchange under the Patient Protection and Affordable Care Act for now, that isn’t the only part of Obamacare that needs to be stopped.

Governor Haslam has issued letters indicating that he is actively opposing this bill, indicating that he may be leaning towards expanding Medicaid in Tennessee.

http://www.newschannel5.com/story/21679464/haslam-opposes-bills-about-medicaid-expansion

The PPACA mandated the states expand their Medicaid programs, but the federal government is only willing to provide funding for 3 years. After that, the burden falls to the state governments.

TennCare is the Medicaid program for Tennessee, and as you recall a few years ago after a massive expansion, Governor Phil Bredesen had to drastically prune TennCare to ensure the state didn’t go bankrupt. Do we really want to undo that and put the state of Tennessee that close to insolvency again when the federal funds run out?

Further, when the Supreme Court ruled on the Patient Protection and Affordable Care Act, the justices declared the Medicaid expansion mandate unconstitutional, and further that the federal government couldn’t take existing Medicaid funds away from the states if they refuse to comply with the mandate. As such, this should require no real courage for Tennessee’s state legislators to simply go along with the Supreme Court’s decision and refuse to implement the Medicaid expansion.

Legislative Mischief Alert: An amendment was introduced in the Senate Commerce and Labor Committee and another in the House Insurance and Banking Subcommittee to neuter this bill so that no longer prohibits the Medicaid expansion. Instead, it would state that the expansion must be authorized by the legislature. Further, the same day the House Insurance and Banking Committee deferred the bill until January 2014, giving Governor Bill Haslam the ability to implement the Medicaid expansion deceptively, before the state legislature can prohibit it. View the amendment at http://www.capitol.tn.gov/Bills/108/Amend/SA0317.pdf.

Even though Haslam came out and said that he would not implement the Medicaid expansion, he released emails and other information that indicates that he is actually going to implement it. For more details on Governor Haslam’s deception, visit http://americansforprosperity.org/tennessee/legislativealerts/haslams-sneaky-expansion/. Contact the members of the committees below and demand that they move the bill forward WITHOUT amendment.

Bill Status House: Action deferred in the House Insurance and Banking Subcommittee until 2014
Bill Status Senate: Placed on Senate Finance, Ways and Means Committee calendar for 4/15/2013

Full Text:
http://www.capitol.tn.gov/Bills/108/Bill/HB0937.pdf
http://www.capitol.tn.gov/Bills/108/Bill/SB0804.pdf

Senate Finance, Ways and Means Committee:

Sen. Randy McNally, Chair
615-741-6806 sen.randy.mcnally@capitol.tn.gov

Sen. Douglas Henry, Chairman Emeritus
615-741-3291 sen.douglas.henry@capitol.tn.gov

Sen. Bo Watson, 1st Vice-Chair
615-741-3227 sen.bo.watson@capitol.tn.gov

Sen. Doug Overbey, 2nd Vice-Chair
615-741-0981 sen.doug.overbey@capitol.tn.gov

Sen. Steven Dickerson
615-741-6679 sen.steven.dickerson@capitol.tn.gov

Sen. Lowe Finney
615-741-1810 sen.lowe.finney@capitol.tn.gov

Sen. Ferrell Haile
615-741-1999 sen.ferrell.haile@capitol.tn.gov

Sen. Joey Hensley
615-741-3100 sen.joey.hensley@capitol.tn.gov

Sen. Bill Ketron
615-741-6853 sen.bill.ketron@capitol.tn.gov

Sen. Jim Kyle
615-741-4167 sen.jim.kyle@capitol.tn.gov

Sen. Mark Norris
615-741-1967 sen.mark.norris@capitol.tn.gov

For copy and paste to e-mail programs: sen.randy.mcnally@capitol.tn.gov; sen.douglas.henry@capitol.tn.gov; sen.bo.watson@capitol.tn.gov; sen.doug.overbey@capitol.tn.gov; sen.steven.dickerson@capitol.tn.gov; sen.lowe.finney@capitol.tn.gov; sen.ferrell.haile@capitol.tn.gov; sen.joey.hensley@capitol.tn.gov; sen.bill.ketron@capitol.tn.gov; sen.jim.kyle@capitol.tn.gov ; sen.mark.norris@capitol.tn.gov

Surveillance Drones

SB0796 by Sen. Mae Beavers / HB0591 by Rep. James Van Huss

Official Summary: As introduced, enacts the “Freedom from Unwanted Surveillance Act.”

TN-TAC Comments: There has been a great deal of concern in this country over the use of drones to spy on American citizens on U.S. soil with no warrant or other probable cause. The “Freedom from Unwarranted Surveillance Act” will address this issue.It will require any use of drone technology in the state of Tennessee to do one of the following:

Provide credible risk of terrorist attack from the Secretary of Homeland Security,
Provide a search warrant signed by a judge authorizing the use of a drone, or
Provide evidence of reasonable suspicion that there is an immediate threat such that “swift action is needed to prevent imminent danger to life.”

There is also provision for aggrieved parties to file suit against done operators for civil damages and the bill also disallows the use in court of any evidence collected in violation of the bill.

Legislative Mischief Alert: The House added amendment HA0452 to SB0796/HB0591 which adds a vague provision to the drone bill to allow the use of drones “To protect life and property during crowd monitoring situations.” Of course the amendment does nothing to define what should be considered a “crowd monitoring situation” which opens the bill up to vast misuse. So hypothetically state and local law enforcement could call anything they want “crowd monitoring” and use a drone.

Article 1 Section 7 of the Tennessee constitution doesn’t end with “well, unless you’re amongst a crowd.”

“That the people shall be secure in their persons, houses, papers and possessions, from unreasonable searches and seizures; and that general warrants, whereby an officer may be commanded to search suspected places, without evidence of the fact committed, or to seize any person or persons not named, whose offences are not particularly described and supported by evidence, are dangerous to liberty and ought not to be granted.”

Contact your Senators and tell them to oppose adopting amendment HA0452 and tell them to negotiate with the House to remove the amendment.

Bill Status House: Passed House (Ayes 91, Nays 0) with vague “crowd monitoring” amendment. Re-referred to Senate.
Bill Status Senate: Passed Senate (Ayes 32, Nays 0, PNV 1). Re-calendared for Senate on 4/15/2013 (after House passed vague “crowd monitoring” amendment on the bill not previously passed by the Senate)

Full Text:
http://www.capitol.tn.gov/Bills/108/Bill/SB0796.pdf
http://www.capitol.tn.gov/Bills/108/Bill/HB0591.pdf

Contact Your Senator: If you do not know who your senator is, use the “Find My Legislator” tool on the Tennessee General Assembly web site. http://www.capitol.tn.gov/legislators/

Constitutional Tender

SB0301 by Sen. Frank Niceley / HB0111 by Rep. Joe Carr

Official Summary: As introduced, exempts from sales tax assessment the sale of all gold or silver coins issued as legal currency by the United States or issued by a sovereign nation recognized by the United States government regardless of whether the sales price may be more or less than the face value of the coin.

TN-TAC Comments: A movement to constitutional tender is important to stabilizing the economies of Tennessee and of the country. This bill allows Tennesseans to buy real money without paying sales tax.

Legislative Mischief Alert: No doubt it has been placed “behind the budget” in an attempt to kill the bill, as are many bills that would affect revenues into the coffers of the state of Tennessee.

Bill Status House: Placed behind the budget.
Bill Status Senate: Placed on Senate Finance, Ways & Means Committee for 4/15/2013

Full Text:
http://www.capitol.tn.gov/Bills/108/Bill/SB0301.pdf
http://www.capitol.tn.gov/Bills/108/Bill/HB0111.pdf

Senate Finance, Ways and Means Committee:

Sen. Randy McNally, Chair
615-741-6806 sen.randy.mcnally@capitol.tn.gov

Sen. Douglas Henry, Chairman Emeritus
615-741-3291 sen.douglas.henry@capitol.tn.gov

Sen. Bo Watson, 1st Vice-Chair
615-741-3227 sen.bo.watson@capitol.tn.gov

Sen. Doug Overbey, 2nd Vice-Chair
615-741-0981 sen.doug.overbey@capitol.tn.gov

Sen. Steven Dickerson
615-741-6679 sen.steven.dickerson@capitol.tn.gov

Sen. Lowe Finney
615-741-1810 sen.lowe.finney@capitol.tn.gov

Sen. Ferrell Haile
615-741-1999 sen.ferrell.haile@capitol.tn.gov

Sen. Joey Hensley
615-741-3100 sen.joey.hensley@capitol.tn.gov

Sen. Bill Ketron
615-741-6853 sen.bill.ketron@capitol.tn.gov

Sen. Jim Kyle
615-741-4167 sen.jim.kyle@capitol.tn.gov

Sen. Mark Norris
615-741-1967 sen.mark.norris@capitol.tn.gov

SB0469 by Sen. Frank Niceley / HB0120 by Rep. Dale Carr

Official Summary: As introduced, exempts the sale of gold, silver and platinum coins and bullion that are used as mediums of exchange from sales tax.

Bill Status House: Placed behind the budget
Bill Status Senate: Placed on Senate Finance, Ways and Means Committee calendar for 4/15/2013

Full Text:
http://www.capitol.tn.gov/Bills/108/Bill/SB0469.pdf
http://www.capitol.tn.gov/Bills/108/Bill/HB0120.pdf

Senate Finance, Ways and Means Committee:

Sen. Randy McNally, Chair
615-741-6806 sen.randy.mcnally@capitol.tn.gov

Sen. Douglas Henry, Chairman Emeritus
615-741-3291 sen.douglas.henry@capitol.tn.gov

Sen. Bo Watson, 1st Vice-Chair
615-741-3227 sen.bo.watson@capitol.tn.gov

Sen. Doug Overbey, 2nd Vice-Chair
615-741-0981 sen.doug.overbey@capitol.tn.gov

Sen. Steven Dickerson
615-741-6679 sen.steven.dickerson@capitol.tn.gov

Sen. Lowe Finney
615-741-1810 sen.lowe.finney@capitol.tn.gov

Sen. Ferrell Haile
615-741-1999 sen.ferrell.haile@capitol.tn.gov

Sen. Joey Hensley
615-741-3100 sen.joey.hensley@capitol.tn.gov

Sen. Bill Ketron
615-741-6853 sen.bill.ketron@capitol.tn.gov

Sen. Jim Kyle
615-741-4167 sen.jim.kyle@capitol.tn.gov

Sen. Mark Norris
615-741-1967 sen.mark.norris@capitol.tn.gov

Asset Forfeiture

SB0891 by Sen. Joey Hensley / HB1078 by Rep. Barrett Rich

Official Summary: As introduced, revises all asset forfeiture procedures to require the issuances of a forfeiture warrant prior to the seizure of real or personal property; provides more rights to the property owner and requires that the person from whom property is removed must be convicted of a criminal offense before the property can be forfeited.

TN-TAC Comments: While this is not a Tenth Amendment bill, we all know that “policing for profit” has gotten out of control in the state of Tennessee. Anything that backs up the natural right to control one’s own property is important, and as such we are notifying our supporters about this important bill.

Legislative Mischief Alert: In an attempt to kill this bill, the state legislature has but a huge fiscal note on the bill. Apparently the state is concerned that it would lose too much money by not being able to steal money and other assets from Tennesseans and others passing through the state.

Bill Status House: Completed Senate Bill Substitution, it will soon go forward for a full vote in the House.
Bill Status Senate: Placed on Senate Regular Calendar for 4/16/2013

Full Text:
http://www.capitol.tn.gov/Bills/108/Bill/SB0891.pdf
http://www.capitol.tn.gov/Bills/108/Bill/HB1078.pdf

Contact Your Senator: If you do not know who your senator is, use the “Find My Legislator” tool on the Tennessee General Assembly web site. http://www.capitol.tn.gov/legislators/

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Lesley Swann

Lesley Swann is a Co-Host for Tenther Radio and the state chapter coordinator for the Tennessee Tenth Amendment Center.She is a native of Anderson County, Tennessee.

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Action Alert: Tennessee Bills Moving the Week of April 15

Anti-Obamacare

HB0937 by Rep. Jeremy Durham / SB0804 by Sen. Brian Kelsey

Surveillance Drones

SB0796 by Sen. Mae Beavers / HB0591 by Rep. James Van Huss

Constitutional Tender

SB0301 by Sen. Frank Niceley / HB0111 by Rep. Joe Carr

SB0469 by Sen. Frank Niceley / HB0120 by Rep. Dale Carr

Asset Forfeiture

SB0891 by Sen. Joey Hensley / HB1078 by Rep. Barrett Rich

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