Tennessee has enforced capital punishment throughout much of our state's history, although methods of execution have changed. Prior to 1913, execution was by hanging. Electrocution became the method of execution in 1916, after a two-year reprieve in the death penalty from 1913-1915. From 1972 until 1978, no Tennessee inmates were sentenced because the U.S. Supreme Court declared executions to be unconstitutional. When the death penalty became legal again in 1978, most inmates sitting on death row from 1960 to 1978 had their sentences commuted to life imprisonment. In 1998, the Tennessee Legislature added lethal injection, giving those inmates committing their crimes before January 1, 1999 the choice of electrocution or lethal injection. Legislation enacted in March, 2000 specified lethal injection as the primary method of execution. An inmate who committed his offense and was sentenced to death prior to January 1, 1999 may request electrocution. A U.S. District Court halted executions by lethal injection until deciding whether the practice is cruel and unusual punishment prohibited by the 8th Amendment. Executions in Kentucky, Florida, Tennessee, Georgia, Alabama, Mississippi, and Arkansas are effectively on hold until a Kentucky case is decided. The Tennessee Attorney General has recently ruled that electrocution cannot be used as a backup or substitute method of execution for lethal injections. Until a federal court– probably the U.S. Supreme Court– permits execution, capital punishment is banned in Tennessee. Fourteen states have abolished the death penalty. Proponents of the death penalty argue that the ultimate penalty of death should be given to persons who commit the most heinous crimes, such as pre-meditated murder, and that executions send a strong message to would-be criminals not to engage in certain crimes. Opponents argue that the death penalty devalues human life; is fallible (mistakes may cause an innocent person to be executed) and is irrevocable (a wrongly executed person cannot be revived and, then, pardoned); poor people are executed more frequently than the rich, and persons of color are executed more frequently than white persons; and the United States is the only western democracy still using capital punishment. This issue may not come to a vote until 2009, because the Subcommittee to Study the Death Penalty may not report its recommendations until the summer or fall of 2008.

• Pre-kindergarten (pre-K): The governor will likely propose expansion of the pre-K program (classes for four year-old children) to more than 300 schools this year, ultimately striving for universal eligibility for all children. Because of pre-K class requirements, pre-K education is among the most expensive public school endeavors provided by the state.
• HOPE (lottery) scholarship: Many legislators join me in believing the Tennessee Education Lottery (HOPE) Scholarship program needs reform. The purpose of this program should be to educate Tennesseans, rather than build up large cash reserves. In 2008, a lottery scholarship omnibus bill will be introduced to attempt to change existing law in several areas to make more money available to children and education-seeking adults in Tennessee.
• Charter schools: Tennessee operates twelve or thirteen charter schools, serving at-risk students mostly in Shelby and Davidson counties. The General Assembly will discuss the future of these schools during the 2008 session. This notation is for information only. I will not ask your opinion in this survey.

You receive television programming in one of the following ways: from the public airway (indoor/ outdoor antenna), by satellite (e.g., DISH or DTV), or by cable access (e.g., Charter or Comcast). The first option is free; the other two options require payment of a monthly fee to a service provider. In this area, cable access television service has been provided by a company (Charter or Comcast) awarded a franchise (an exclusive contract) for homes within a specific geographical area (county and/or cities). The American Telephone and Telegraph Company (AT&T) now seeks legislation to permit awarding a statewide franchise. Not only AT&T but other television programming vendors would be eligible for statewide franchises. In 2007, a bill (SB1933) passed, as amended, in the Senate Commerce and Insurance Committee, but the companion House bill stalled. I understand a newly worded bill will be introduced in 2008.

• Metal theft: Throughout the state, thieves (who commonly are drug addicts) steal metal for sale to scrap metal dealers commonly to purchase drugs. The metal includes copper and platinum, commonly from construction sites.
• Constitutional amendment proposal-- Senate Joint Resolution 127 (SJR 127): On January 22, 1973 the U.S. Supreme Court announced two decisions in Roe vs Wade and Doe vs Bolton. These decisions permitted abortion on demand for any woman at any stage of gestation without requirement to provide any reason for desiring the abortion. Since these decisions in 1973, nearly 50-million abortions have been performed in the United States. Almost all states adopted commonsense laws, not to prevent abortions (which would not be possible because of the U.S. Supreme Court decisions) but to protect the health and safety of women entering abortion clinics. These laws were found acceptable by the courts. Tennessee had such laws, until September, 2000, when the Tennessee Supreme Court decided Planned Parenthood vs Sundquist. This decision, ruling that the Tennessee constitution contains a fundamental right to abortion, struck down all of Tennessee's laws protecting abortion-seeking women (except for parental notification of abortion-seeking minors, which law is still in effect). SJR 127 is a constitutional amendment that would nullify the Planned Parenthood decision and place oversight of the safety and health of abortion-seeking women under the Tennessee General Assembly, not the Tennessee Supreme Court. SJR 127 has come before the General Assembly before, and it was passed overwhelmingly in the Senate but did not pass in the House.
• Mountaintop coal mining: Strip (surface) mining of coal is less expensive than shaft (underground) mining. Coal, a major source of fuel for the Tennessee Valley Authority to generate electricity for our region, arguably is the worst possible fuel to be used for power generation. Coal burning releases enormous quantities of particulate matter (soot), mercury, radioactive metals, and greenhouse gases into our air, and preparation of mined coal pollutes our streams with coal fines and chemicals. Strip mining requires removal and displacement of overlying rock and soil and pollutes streams with acidic runoff. Even after reclamation, the natural contour of a mined mountain is forever lost, retaining instead a flat, table-like profile. The effects of strip mining can be seen in states to our north, and such operations may become common in Tennessee. Because strip mining is cheaper, it can be argued that it reduces the cost of generating electrical power.
• DUI comprehensive package: Driving under the influence of alcohol and other drugs remains a most serious public safety problem, accounting for many traffic injuries and deaths. Previously proposed bills were held in the House Judiciary Committee. A comprehensive package of these bills will be brought forward in 2008, potentially to be enacted into law. I have not yet seen this package (bills have not been filed), but I anticipate three measures that may be in the package:
  • An administrative license revocation provision, which would permit an arresting officer to seize the driver license of a drunk driver, requiring restoration of the license only after certain provisions are met;
  • Lowering the presumptive level of driving under the influence of alcohol from the present 0.08 g/dL ("per cent") to 0.05 g/dL ("per cent");* and
  • Mandatory treatment requirements for DUI offenders.
  
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  *All states presently set the same limit–- 0.08 g/dL–- as the per se law by which it is defined as a crime to operate a motor vehicle with a blood alcohol concentration (BAC) above that level. If the definition for DUI is lowered to 0.05 g/dL, Tennessee would have the lowest threshold for presumption of DUI of any state in the nation.)
• Gun carry: At least two bills may be considered:
  • Granting the holder of a gun carry permit to carry his or her gun onto state-managed parks for defense only. State park trails and campgrounds may be isolated and rugged. Law enforcement officers are few in number. Visitors may risk being victims of homicide, rape, or robbery. This law would permit a valid gun carry permit holder to carry his or her weapon onto state park property for purpose of defense, but not for hunting, poaching, or target practice.
  • Granting the holder of a gun carry permit to carry his or her gun into a restaurant for defensive purpose only, provided he or she does not drink alcohol while on the premises.
• State-owned greens remain in the red: I have "borrowed" the title for this section from the Tennessee Center for Policy Research's publication, 2007 Pork Report. Tennessee operates high quality (Jack Nicklaus-designed) golf course at twelve state parks. There has never been sufficient use by golfers at these very nice, but isolated state parks to pay the cost of maintaining these courses. Tennessee taxpayers continue to subsidize golf courses for which there clearly is insufficient demand. In the last fiscal year, taxpayers paid more than 1.19-million dollars to keep these golf courses in operation. Eight golf courses (at Chickasaw, Fall Creek Falls, Henry Horton, Montgomery Bell, Old Stone Fort, Paris Landing, Pickwick Landing, Tims Ford, and T.O. Fuller State Parks) lost money. Three golf courses (at Cumberland Mountain, Harrison Bay, and Warriors' Path State Parks) made a profit.

• Local roads: Both Blount County road superintendent Bill Dunlap and Sevier County road superintendent Jonas Smelcer state their road-building budgets are under-funded. Each county system needs tens of millions of dollars to bring local roads to optimal condition. Such safety features as road widening and shoulder improvement are immediately needed. County commissions find appropriating this amount of revenue impossible, without significant local tax increases or new taxes (such as, property, wheel, or adequate facilities taxes).
• Pellissippi Parkway extension (of special interest for Blount County residents): Alcoa Highway is dangerous (high traffic volume for a four-lane highway and closely-spaced entrances and exits to many businesses, especially in the airport area). Tennessee Department of Transportation (TDOT) has been party to lawsuits over one proposal to route some traffic away from this part of Alcoa Highway– extension of the Pellissippi Parkway (PP). It is my understanding that TDOT plans to re-study the PP project. The purpose of re-studying the project is to obtain the best solution for Blount County traffic and maximize public support, but the final project may be delayed many years. Three proposals may be studied:
  • Extend the PP, as originally planned;
  • Abandon the proposed PP extension in favor of an Alcoa Bypass, running more or less parallel with Alcoa Highway; or
  • Do nothing, by leaving Alcoa Highway and its traffic as it presently exists.
• Toll roads and bridges: In the 2007 session, the General Assembly voted to establish a toll authority. The Tennessee Department of Transportation was asked to select two pilot projects–- a toll bridge and a toll highway. If the General Assembly approves one or both of these projects in 2008 or later, Tennessee may have the beginning of a new network of toll bridges and toll roads. The argument is that motorists who use certain roads and bridges can (and should?) pay for the convenience of these projects, rather than taxpayers throughout the state. A toll bridge or toll road would be only a newly constructed–- not an old (existing)-– structure.
• Gasoline tax: Tennessee presently assesses each gallon of gasoline sold at the pump with a state gasoline tax (in addition to federal tax). The state tax is 21.4 cents per gallon (20 cents gasoline tax plus 1.4 cents special petroleum fee). During fiscal year 2007-2008, this tax is expected to yield 644.1-million dollars. This tax is divide in this manner: 7.9 cents (totaling 237.4-million dollars) to cities and counties for local road projects, 0.8 cents (23.5-million dollars) to the state's general fund, and 12.7 cents (383.2-million dollars) to the Tennessee Department of Transportation for state highway projects. There is growing interest among many legislators (I am not one of them-– I oppose this tax) to increase the gasoline tax, perhaps even calculating the tax on a percentage of the cost of the gasoline.
• Now you see it, now you don't: Governor Bredesen has transferred revenues appropriated for highways for other uses (to cover TennCare shortfalls, for example). There is disagreement over the amount involved. Road builders estimate that approximately 280-million dollars have been diverted, but the governor insists it is 90-million dollars. In addition, federal funds scheduled to be paid to Tennessee have been rescinded (withheld). Such rescission may approximate 17-million dollars this fiscal year.
• Lo siento, no hablo Inglés: Tennessee administers the driver license test in English, Spanish, Japanese, and Korean, and a translation dictionary may be used during the knowledge (written) test. Critics of this policy argue that a motorist should be able to read and understand road signs and written warnings, and there is insufficient time to read a dictionary while driving at highway speeds. The Senate passed a bill to provide for English-only driver license examinations in Tennessee, but the bill failed in a House subcommittee.

In my previous questionnaires, I asked constituents to grade my service in the General Assembly. Your evaluations and suggestions for improvement are important measures for me to try to improve my service to you.

Write additional comments on these or any other topics. Let me know your views. The more I hear from you, the better I can serve you. I will read your comments. I will try to answer, as my very full and hurried schedule permits. I cannot guarantee an answer, though, because virtually every minute of my day is consumed by legislative and constituent service activities.