THURSDAY, MARCH 29, 2012 Tenn.

House OKs expansion of business cash grants (Associated Press/Schelzig)

House Republicans insist their vote W ednesday for a plan to expand a state economic development inventive program does not conflict with their mantra that government can't create jobs. The chamber voted 96-0 for the measure proposed by Gov. Bill Haslam and carried by Republican Rep. Tim Wirgau of Paris, who said the expanded cash grant program would help spur investment in economically distressed areas of the state. "Let me make it very clear that we're not going to be standing on the Capitol steps and just doling out checks," Wirgau said. The measure, which awaits a vote in the Senate before it can head for Haslam's signature, would allow the state to provide Fast Track grants for retrofitting, relocation, office upgrades or temporary space for companies investing in Tennessee. The current Fast Track program is limited to jobs training and infrastructure improvements. The state has appropriated $217 million to the program over the last three budget years and Haslam has proposed pouring another $80 million for the current and upcoming budget year. http://www.tennessean.com/usatoday/article/38908571?odyssey=mod|newswell|text|News|s

FastTrack plan gets boost (Tennessean/Sisk)

Gov. Bill Haslams plan to expand the states business incentive program appears to be set for passage, following a vote W ednesday in the state House of Representatives. House members unanimously approved legislation that extends the FastTrack economic program to cover more expenses associated with corporate relocations and expansions. The 96-0 vote demonstrated broad support for a bill that has been a major element in Haslams legislative package for the year. House Bill 2344 would allow businesses to tap the $80 million FastTrack fund to cover a range of expenses, including relocation costs, equipment purchases, building improvements and temporary office space. Under current law, FastTrack grants and loans can be used only for infrastructure construction and job training. The bill has quietly been opposed in the Senate by Lt. Gov. Ron Ramsey, who has questioned whether the state should cover corporate expenses. The measure cleared committee more than a week ago, but Ramsey has not yet called it up for a vote by the full Senate. http://www.tennessean.com/article/20120329/BUSINESS01/303290067/FastTrack-plan-gets-boost

Duracell growth to create 60 Cleveland jobs (Times Free-Press/Smith)

No matter the language on Duracell's packaging, a C or D battery anywhere in the world can trace its roots back to Cleveland, Tenn. P&G announced Wednesday that Duracell's Cleveland plant is now the sole producer of the big batteries that power the world's flashlights, cameras and radios. To charge up its largest battery factory, the company will spend $36 million to expand the plant and add 60 jobs in Bradley County, said plant manager Bill Barkley. "W e are becoming the global producer for C and D Duracell batteries," Barkley said. Bill Hagerty, commissioner of the Tennessee Department of Economic and Community Development, thanked Duracell for "reaffirming its commitment" to Bradley County. "Expansion decisions are only made after careful and thoughtful consideration, and this announcement shows a tremendous vote of confidence in the area's quality workforce and the state's favorable business climate," Hagerty said in a statement. P&G chose to expand its Cleveland facility because of the easy access to transportation, the "culture and technical capability of the people," and "other economic factors" in the state, the plant's manager said. http://www.timesfreepress.com/news/2012/mar/29/powering-up/?businesstnvalley

State ECD Department Batting .500 on Laws to Hand Out Cash Grants (WPLN)
State economic development officials want legislation passed this year to expand a cash grant program and close some company recruitment records. Theyre at least halfway to that goal. The House passed a bill Wednesday that broadens the definition of the Fast Track program. Under the Bredesen Administration, cash

grants were limited to job training and infrastructure. The expansion which has bi-partisan support allows companies to use the money for new equipment, retrofitting buildings and even moving expenses. Rep. Tim Wirgau, a Republican from Henry County, cautioned that his bill was not meant to create open season and that projects would be carefully reviewed. Let me make it very clear that were not going to be standing on the Capitol steps and just doling out checks. Other economic development legislation would keep details about such incentive deals secret, even the ownership of companies applying for state funds. That bill isnt dead, but it was put on the back burner in a Senate committee that has wrapped up business for the year. http://wpln.org/? p=35539

Coal mining company is fined for river dumps (Associated Press)

The state of Tennessee is fining a coal company for illegally dumping more than a million gallons of coal slurry into the New River in the Cumberland Mountains. The river is home to a fish and plant on the federal list of threatened species. The Knoxville News Sentinel is reporting that the state Department of Environment and Conservation is levying a base fine of $50,000 against Premium Coal. The company could pay an additional $196,000 unless it quickly upgrades its coal-washing operations. State officials said the company never reported an incident in early January that discharged the slurry into the river and polluted it for miles. It was citizens who tipped off authorities that something had happened to the river. Witnesses reported that the water turned ash gray as far as 28 miles downstream. Plants coated Coal slurry is a solid and liquid waste byproduct of coal mining. The discharge coated rocks and plants for several miles downstream and boosted the amount of iron and suspended solids into the New River for several weeks. http://www.tennessean.com/article/20120329/NEWS11/303290073/Coal-mining-company-fined-river-dumps? odyssey=mod|newswell|text|News|p

Tennessee OKs 114-bed, $23 million nursing home project (TFP/ONeil)

A $23 million Signal Mountain nursing home project cleared the required administrative hurdles Wednesday and will start this summer. Alexian Brothers plans to finish its new self-funded, 114-bed health and rehabilitation center by the summer of 2014. The plan was unanimously approved by Tennessee's Health Services and Development Agency. "We're very happy to be moving forward," said spokeswoman Kim Goodwin. "We've been around 75 years. We want to continue to evolve." The center now used on the Alexian Village campus was built 30 years ago. Institution-style layouts were the norm back then. But today's tech-savvy, independent seniors seek more of a homey, neighborhood feel. "It's outdated. It won't meet the needs and expectations of the seniors today," Goodwin said. "Everything is about the newest technology." The new nursing home is part of a $32 million renovation plan touching several parts of Alexian Village. After the new center's construction finishes, the old nursing home will be converted to 42 assisted living apartments. The Catholic senior services organization also plans to convert the former Signal Mountain Inn into 13 independent living apartments. http://www.timesfreepress.com/news/2012/mar/29/tennessee-oks-114-bed-23-million-project/?businesstnvalley

Tenncare's Fight To Keep Long Term Care Options (WTVF-TV Nashville)

TennCare officials believe that a controversial piece of legislation could stop Tennessee residents from choosing where they spend their retirement. In Tennessee TennCare manages the Medicaid dollars that flow into the state. The system collects all the funding and pays for residents who go into nursing homes or who stay at home to receive care. Representatives from the nursing home industry said the way Medicaid dollars are divvied up has to change, but TennCare officials said if that happened it would negatively impact the elderly, and adults with disabilities. Both sides went head to head in front of state lawmakers on Wednesday. It would potentially deny them the freedom to choose the setting in which the care would be delivered and to force them to receive care where funding is available," said TennCare Representative Patti Killingsworth. Just a few years ago Tennessee seniors on Medicaid were only able to seek care from nursing homes. New laws have since changed that creating more options for home based health care. TennCare officials are fighting a new piece of legislation they believe could bring back the old situation. http://www.newschannel5.com/story/17279629/tenncares-fight-to-keep-long-term-care-options

Letter: Judge planned public release of TBI file on Baumgartner (N-S/Satterfield)

Special Judge Jon Kerry Blackwood planned to make public with some "limitations" the entire investigative file on a disgraced colleague, according to correspondence obtained by the News Sentinel. Blackwood stated that intent in a letter he penned to Tennessee Bureau of Investigation Director Mark Gwyn on March 7. Two days 2

later, however, Blackwood announced he would not and legally could not make public the entire TBI investigative file on former Knox County Criminal Court Judge Richard Baumgartner. TBI provided letters between Gwyn and Blackwood in response to a public records request by the News Sentinel. The newspaper also sought from Blackwood, Knox County District Attorney General Randy Nichols, and the Administrative Office of the Courts any correspondence, both in written and electronic form, to or from Blackwood in reference to Baumgartner, the TBI file and the cases his confession to a prescription painkiller addiction are now impacting. So far, Nichols' office is refusing to comply, arguing any such correspondence is part of its work product in those ongoing cases, which include the January 2007 torture slayings of Channon Christian, 21, and Christopher Newsom, 23. http://www.knoxnews.com/news/2012/mar/29/letter-judge-planned-public-release-of-tbi-file/

TN

Senate

may

shield

faith-based

clubs

from

colleges'

bias

rules

(Tennessean/Sisk)
Tennessee lawmakers are considering legislation that would keep state universities from extending nondiscrimination policies to campus religious groups. A Senate committee unanimously approved a bill Wednesday that would prevent the University of Tennessee or the Tennessee Board of Regents systems from applying their nondiscrimination rules to faith-based campus organizations. The bill comes in response to an ongoing controversy at private Vanderbilt University over whether that schools all-comers policy toward student groups should apply to religious organizations. Similar disputes have cropped up at public and private universities nationwide, as institutions struggle over whether student groups should have to follow the same nondiscrimination policies as the schools that sponsor and fund them. Sen. Mae Beavers, R-Mt. Juliet, has sponsored Senate Bill 3597, which categorically bans state universities from adopting policies like Vanderbilts. The school announced earlier this year that it would not allow university-recognized organizations to discriminate against students who want to be members or leaders, even if they disagree over central beliefs. Vanderbilt adopted the policy after a Christian fraternity expelled a member who is gay. http://www.tennessean.com/article/20120329/NEWS0201/303290060/TN-Senate-may-shield-faith-based-clubsfrom-colleges-bias-rules?odyssey=tab|topnews|text|FRONTPAGE

Lawmakers Try to Muscle Private University Over Anti-Bias Policy (WPLN-Radio)

State senators jumped into the fray over a nondiscrimination policy at Vanderbilt yesterday. They threatened to cut off lottery scholarship funds to private universities who adopt similar rules for student groups. The bill says that public schools cannot do what Vanderbilt has done and bar student religious groups from imposing faith tests on members or even leaders. But Senator Brian Kelsey of Memphis attempted to put private universities under the same state-imposed rule Vanderbilt has adopted an absurd policy, to say that the Muslim student organization must accept Jews who profess no faith in the Muslim faith, is nonsensical to me. Kelsey ultimately withdrew his proposal. A spokesman for private universities called it intrusive. Senators were also reminded that lottery scholarships go to the student, not the school. The bill cleared the Senate Education Committee, though it only applies to public universities. The House version is scheduled to be heard in committee next week. http://wpln.org/?p=35537

Teachers at the Flagpole for Prayer Gets Final Approval from House (WPLN)
A measure that was designed to allow teachers and coaches to join with students in prayer before and after school got its final OK in the Tennessee House of Representatives Wednesday. Earlier this week, the Senate added a new amendment, with no debate and little explanation. Rep. Phillip Johnson, a Cheatham County Republican, tried to explain the addition in the House. The Senate added an amendment that just makes sure that we just cover situations where a school might lease their facilities to a church, that that was OK too. What the amendment actually says is that school boards may also approve other constitutionally permissible religious activities on school grounds. Those activities are not defined. The bill now goes to the governor for review and his signature. http://wpln.org/?p=35535

Gun Rights Bills Advance in Senate (TN Report)

Senate committees sided with gun owners over business owners Tuesday afternoon, moving two pieces of gunsin-lots legislation after weeks of debate and delay on the issue. The Senate Judiciary Committee passed 3

SB3002, which prohibits employers from banning the storage of firearms in cars on company lots. The Senates commerce committee passed a companion bill, SB2992, which prohibits employment discrimination based on an applicant or current employees ownership, storage, transportation or possession of a firearm. Both bills were brought by Sen. Mike Faulk, R-Church Hill. As expected, SB3002 was amended so that it only covers gun carry permit holders. Sen. Stacey Campfield, R-Knoxville, further amended the bill to include licensed hunters over 21. Another amendment added exemptions for single-family homes, nuclear facilities and United States Department of Energy sites, such as one in Oak Ridge. http://tnreport.com/blog/2012/03/28/gun-rights-bills-advance-insenate/

Guns-in-Trunks Bill Moving through Legislature (W PLN-Radio Nashville)

A bill allowing employees to keep guns locked in their cars while at work was approved by the Senate Judiciary Committee Tuesday, and could head to a floor vote as early as Thursday. Senator Mike Faulk, the bills sponsor, cut down in an amendment who all can store their guns in their trunk. People with handgun-carry permits and those 21 or older with a hunting license could leave their guns in their cars. The law wouldnt cover people who work in a private residence or at a nuclear facility. Under the amended bill, guns would be allowed on school property only if the carrier is 21 or over. The House version is scheduled to be heard in the Consumer and Employee Affairs Committee Wednesday. http://wpln.org/?p=35495

Bill would let students pray freely, discuss faith (Tennessean/Wilson)

A bill protecting school districts when students pray or speak freely about their faith passed unanimously in the Senate Education Committee Wednesday morning. The legislation would require school boards to adopt policies that would establish a limited public forum where students could speak freely about topics, including religion, without discrimination. It also would require a students faith-based work to be treated identically as anothers secular answers. After a lengthy floor debate when the bill passed a House committee Tuesday, the legislation moved to the full Senate smoothly after amendments were added to delay the bills enforcement date to the 2013-14 school year. Despite supporting the bill, some legislators expressed concern about the bills potential application with other, less common beliefs. When we start really putting a stamp on some issues that are very complex in regards to the expression and establishment of religion, we have a difficult balance to obtain here, said Sen. Andy Berke, D-Chattanooga. http://www.tennessean.com/article/20120329/NEWS04/303280140/Billwould-let-students-pray-freely-discuss-faith?odyssey=tab|topnews|text|News

Saggy pants bill will go to full floor votes (Associated Press)

A proposal that would prohibit students from dressing indecently in school is headed for floor votes in both chambers of the legislature. The measure unanimously passed the Senate Education Committee 7-0 on Wednesday and is now being scheduled for a vote on the Senate floor. A full vote in the House is scheduled for Monday night. The bill seeks to prohibit students from exposing underwear or body parts in an indecent manner that disrupts the learning environment. A stricter version of the proposal failed to pass the legislature three years ago. That measure particularly targeted individuals that sag their pants below the waistline and imposed a fine of up to $250 and 160 hours of community service. Under the current proposal, school districts would decide a less severe punishment. http://www.tennessean.com/article/20120329/NEWS0201/303290077/Saggy-pants-bill-will-go-full-floor-votes? odyssey=mod|newswell|text|News|s

Abstinence-centered bill advancing in Senate (Associated Press)

A measure that would require "family life education" curricula taught in schools to be abstinence-centered is advancing in the Senate. The measure sponsored by Republican Sen. Jack Johnson of Franklin unanimously passed the Senate Education Committee 9-0 on Wednesday night. The companion bill is scheduled to be heard in the House Education Committee next Tuesday. The legislation has become an alternative to a proposal that seeks to ban the teaching of gay issues to elementary and middle school students. Johnson's legislation would allow the teaching of safe sex, but the curriculum would have to be "abstinence-centered," emphasizing that abstinence is withholding from "any kind of sexual contact." Sponsors of the proposal say it's also a tool to address the state's high teen pregnancy rate. http://www.tennessean.com/usatoday/article/38912213?odyssey=mod|newswell|text|News|s

House panel kills bill to create stripper tax (Associated Press)

An effort to tax strippers and adult businesses to help pay for a reduction in the state tax on coins, bullion and investment income has failed for the year. The House Judiciary Committee on Wednesday killed the bill sponsored by Rep. Joe Carr, R-Lascassas, by sending it to a study committee after the Legislature adjourns for the year. The bill sought to impose a 20 percent sales tax on items sold at "sexually oriented businesses," and to require strippers to pay a privilege tax to work in Tennessee. Carr said he based the tax proposal on studies showing that adult businesses depress property values by a similar amount. "This legislative body in years past has done this before, it has raised the taxes where one area was not paying their share based on the economic blight they might serve to a community, and we are redistributing this to another area that was overly taxed," he said. "That's exactly what we're doing here." Carr said the measure would be projected to collect about $8.5 million per year. About $5 million would go toward reducing the state's Hall tax on income from interest and dividends, while the remainder would go toward removing the state's sales tax on gold, silver or platinum coins or bullion. http://www.tennessean.com/usatoday/article/38910015?odyssey=mod|newswell|text|News|s

Legislators consider exceptions to HOPE scholarship hours cap (Tenn/Wilson)

A bill allowing Tennessee college students to keep their lottery scholarships despite exceeding a state-mandated semester hours cap passed the Senate Education committee Wednesday. After a state law passed in 2011 capping the number of hours students could take with lottery funds at 120, some students were left at risk of losing their scholarships. Those include students who changed majors, had multiple majors or were unable to take the classes they needed to complete their majors. This legislation would allow students to retain their scholarships until they had taken both eight semesters and more than 120 hours of coursework, said it's sponsor, Sen. Doug Overbey, R-Maryville. The legislation will now go to the Senate finance committee, which will decide how to handle the increased funding the bill requires. A parallel version of the bill was starting through the committee process in the House. Overbey said the current regulations unfairly limit qualified students from completing their degree with help from the lottery scholarship. In no way should the lottery scholarship program be used as a punishment for students who want to do more, he said. http://www.tennessean.com/article/20120329/NEWS04/303280151/Legislators-consider-exceptions-HOPEscholarship-hours-cap?odyssey=mod|newswell|text|News|s

Bill to lift ban on new municipal school districts clears House panel (CA/Locker)
With legislation allowing new Tennessee municipal school districts jumping its first House committee hurdle Wednesday, suburban mayors said they'd like to see a bill passed that allows referendums and other movement toward new school districts this year. The bill repealing a 14-year-old ban on new municipal school districts in Tennessee won approval in the House Education Subcommittee on Wednesday, and now goes to the full committee next week. The committee's chairman, Rep. Richard Montgomery, R-Sevierville, agreed to requests by Reps. Lois DeBerry, D-Memphis, and Bill Dunn, R-Knoxville, for a more complete hearing on the bill's ramifications, including testimony from Memphis and Shelby County officials. The Senate version is ready for a Senate floor vote, possibly next week. If ultimately approved, House Bill 3234 would allow Shelby County's suburban cities to proceed with their plans for new school districts. http://www.commercialappeal.com/news/2012/mar/28/proposed-school-district-legislation-clears-first/ (SUB)

Tennessee ticket-brokering bill put on back burner (Memphis Business Journal)

Ticket industry interests came to a draw Tuesday, when legislation aimed at curbing large-scale scalping was sent to a Tennessee Senate study group for further exploration. Supporters of the Fairness in Ticketing Act argued that the bill would help regulate the secondary ticket market by requiring ticket brokers to give consumers refund information and provide the face value. Critics of the bill, which included the StubHub-backed Fan Freedom Project, argued that certain provisions would give companies like Ticketmaster too much power over the secondary ticket market, claiming the provisions would promote "restrictive paperless ticketing." The group held a press conference Tuesday in Nashville to voice opposition to the measure. Now that it has been sent to committee, the measure may or may not return to the floor of the legislature this term. http://www.bizjournals.com/memphis/news/2012/03/28/tennessee-ticket-brokering-bill-put-on.html

Norris Bill Takes Bumpy Step Forward (Memphis Flyer)

5

The municipal-school-district bill that stumbled in a state House subcommittee last week will move on to the full Education Committee, but and its a real but the legislators who passed it forward in the Education general subcommittee, both Democrats and Republicans, made it clear they had doubts about it and would expect a full vetting. In fact, Rep. Richard Montgomery (R-Sevierville), the Education chairman, granted a request by Rep. Lois DeBerry (D-Memphis) for a full hearing on the bill, complete with experts on all sides of the issue and promised whatever sufficient time we can agree on for the process. The measure (Senate Bill 2908; House Bill 3234) would lift the existing ban on new municipal school districts in Tennessee , not just in Shelby County as would last years Norris-Todd bill, and would advance the date of eligibility from August 2013, as specified in Norris-Todd, to January 1, 2013. The bill was moved without incident through the state Senate Education Committee earlier this month by chief sponsor Mark Norris (D-Collierville), the Senate Majority Leader who was also the primary author of Norris-Todd. The earlier bill, fast-tracked in February 2011 on a party-line vote, had imposed new state controls on the course of city-county school merger in Shelby County. http://www.memphisflyer.com/JacksonBaker/archives/2012/03/29/norris-bill-takes-bumpy-step-forward

Municipal School District Bill Moves In Nashville (Memphis Daily News)

A bill in the Tennessee legislature to lift the statewide ban on creating municipal school districts is moving as the legislative session nears an end. The House education subcommittee approved the bill Wednesday, March 28, on a voice vote with the House education committee to consider the bill next week. It was the last subcommittee session of the year. The bill was approved last week by the Senate education committee and is awaiting action on the Senate floor possibly next week. There were no amendments to the bill Wednesday in the subcommittee. The bill would not only lift the statewide ban but it would move up the start date for such school districts to Jan. 1, 2013. Thats nine months before the merger date of Shelby Countys two public school systems which is when the formation of municipal school districts in Shelby County can begin under terms of the Norris-Todd law the legislature passed last year. The 2011 law specifically governs the Shelby County schools consolidation process. State Senate Republican leader Mark Norris of Collierville, who was the sponsor of the 2011 law and is sponsor of the new bill, has said the bill is a way of stopping a legal challenge to the 2011 law by having it applied statewide. http://www.memphisdailynews.com/news/2012/mar/29/municipal-school-district-bill-moves-in-nashville/

NRA Turns to Democrat for Help (Metro Pulse)

Its probably just a coincidence, but interesting nonetheless. Heidi Keesling has been the longtime National Rifle Association lobbyist. Though based in W ashington, she has been in charge of Tennessee lobbying efforts and has had great success under the new Republican majorities in the House and Senate. The Legislature has passed a batch of bills expanding gun rights the last three years. But this year the gun lobbyists were told by Republican legislative leaders that the emphasis would be on reducing taxes, especially estate taxes and the sales tax on food. They didnt want any gun-bill distractions from the lower-tax message Republicans will use in this years elections. They didnt want any Republicans bringing a gun bill and they certainly didnt want the bills being brought by the Democrats. But the NRA went to state Rep. Eddie Bass, a Middle Tennessee Democrat and a former sheriff, who brought a bill to force employers to allow gun owners to keep guns in their locked vehicles in the parking lot. It is a divisive issue and it puts conservative Republicans in a bind between property rights and gun rights. The Republican legislative leaders have not been pleased. http://www.metropulse.com/news/2012/mar/28/nra-turns-democrat-help/

Tennessee has a "stand your ground" defense law (Nashville Business Journal)
Tennessee is one of at least 20 states with a "stand your ground" self-defense law similar to the one central to the Florida shooting death of teenager Trayvon Martin. The laws state that people are not obliged to retreat from confrontations outside the home and can use deadly force to protect themselves, The Associated Press reports. The Tennessee Legislature amended the law in 2007 to extend the same treatment to those inside businesses, buildings, cars and tents. The "stand your ground" laws are also sometimes referred to as "make my day" or "shoot first" laws. http://www.bizjournals.com/nashville/morning_call/2012/03/tennessee-has-a-stand-yourground.html

Mock crisis tests readiness of Nashville area's first responders (Tenn/Gonzalez)

Volunteer 'victims' add reality to scene at LP Field Paramedics, police and firefighters swarmed the grounds of LP Field on Wednesday, testing their most powerful state-of-the-art equipment in an event costing nearly 6

$20,000 and billed as Nashvilles largest mock emergency drill in years. The citys armored Bearcat truck carried gun-toting, camouflaged officers and streets filled with a menagerie of ambulances as dozens of volunteer victims with gruesome lacerations and protruding organs moaned and called for help. It all began with a sputter of smoke and some real-life confusion. At about 9:15 a.m., officials from seven counties and state and federal law enforcement agencies found themselves waiting for the first sign of danger. It finally came in the form of a disobedient smoke can that rolled away from the scene of a pretend explosion. Then an audio recording kicked in, playing a looped track of screaming victims, which at times sounded like cats in distress. Over the next three hours, officials tested a brand new $862,000 mobile command center, equipment that contains hazardous materials, and computer and radio networks. The goal, they said, was to evaluate how emergency teams within Homeland Security District 5 work together during a crisis, and whether theyve met goals in their most recent five-year plan. http://www.tennessean.com/article/20120329/NEWS01/303280149/Mock-crisis-tests-readiness-Nashville-area-sfirst-responders?odyssey=tab|topnews|text|News

Alexander urges change in funding formula for locks (Times Free-Press)

U.S. Sen. Lamar Alexander, R-Tenn.., suggested Wednesday that taxpayers absorb a bigger share of the $693 million expense of building a new lock at the Chickamauga Dam During a Senate hearing on the fiscal 2013 Army Corps of Engineers budget, Alexander called for a change in the funding of lock projects, including the Olmsted Lock on the Ohio River that has been absorbing most of the money in the Inland Waterways Trust Fund. The Olmsted project is expected to absorb most of the trust fund for nearly a decade, limiting repairs and new construction at other locks and dams, including the crumbling Chickamauga Lock. "It's absolutely inconceivable that Chickamauga Lock could close because of the Inland W aterways Trust Fund," Alexander said. Lock projects now are equally funded by taxpayers and barge users, who pay a 20-cents-per-gallon fuel tax into the trust fund for such projects. Alexander suggested federal funding for some of the lock projects needs to be increased to ensure that locks and dams are upgraded to maintain needed river commerce. http://www.timesfreepress.com/news/2012/mar/29/alexander-urges-change-in-funding-formula-for/?business

Phil Roe: Day spent at Supreme Court 'fascinating' (News-Sentinel/Collins)

U.S. Rep. Phil Roe sensed he was witnessing history as he sat in the U.S. Supreme Court on W ednesday and listened to arguments over the constitutionality of a federal health-reform law. "I was really awestruck to be in there," the Johnson City Republican said. Roe, a physician who opposes the health reforms, was invited by House GOP leaders to sit in on the arguments. He had never been inside the high court's chambers, so he arrived early and took lots of notes. As he looked around him, one thing in particular crossed his mind. "It looked liked there were about 150 lawyers sitting up in front of me, and it only takes one doctor to operate on a patient," he said. Roe took issue with the government's position that the health reforms expanded liberty. "I would argue just the opposite it's the biggest individual assault on liberty since the Constitution was written," he said, pointing to a requirement in the law that most Americans buy health insurance. A ruling on the case isn't expected until June. Roe believes the decision, whatever it is, will rank among other landmark rulings, such as those that legalized abortion and outlawed segregation in public schools. http://www.knoxnews.com/news/2012/mar/29/roe-day-spent-at-supreme-court-fascinating/

Metro gets $400,000 to plan SoBro 'vision' (Tennessean/Cass)

The Metro Convention Center Authority and the Nashville Downtown Partnership have received a nearly $400,000 federal grant to study the area south of Broadway and develop a strategic master plan. The study will focus on maximizing public and private investments on and around the Music City Center campus, including an Omni hotel that will connect to an expanded Country Music Hall of Fame and Museum and the extension of Korean Veterans Boulevard between Fourth and Eighth avenues. It also will look to improve the areas connections to the Gulch and the Central Business District, create guidelines for development in the flood-prone parts of the district known as SoBro and explore private development potential. Youve got three major projects all under construction at once: the Omni-Hall of Fame project, the convention center building and then KVB with the roundabout, said Mark Sturtevant, the convention center authoritys project and development manager. Obviously those are going to have a huge impact on what goes on in this area, so it kind of warrants a master plan to look at that. The study area runs from Broadway on the north to Interstate 40 on the south and from First Avenue on the east to 10th Avenue on the west. http://www.tennessean.com/article/20120329/NEWS01/303290032/Metro-gets-400-000-plan-SoBro-vision-? odyssey=tab|topnews|text|News 7

Health Case Ripples Outward (W all Street Journal)

Ruling Against Mandate Would Pressure Insurers, Loom Large in November Election After three days of historic Supreme Court debate, the political world and health-care companies confronted the prospect of President Barack Obama's health law being wiped away, a decision that would upend years of planning by businesses and roil the November elections. Among those set to implement the law, insurers would have to ditch changes to their businesses designed to bring in millions of new customers. Provisions that have already gone into effect, including letting children stay on their parents' insurance plans until they turn 26, would no longer be required. Companies facing the law's requirements would be reprieved, including health firms set to pay new taxes and businesses that would have been required to insure their employees or pay a fee. It is impossible to predict how the court will rule, but skepticism from key justices heightened the possibility the 2010 health overhaul could be overturned in June, when the court is set to announce its opinion. During the marathon arguments, the government's attorney was grilled by the conservative majority over the constitutionality of the law's central plank, the mandate to buy insurance. On Wednesday, the final day, the court's conservatives appeared inclined to wipe away the entire law if it found the mandate in error. http://online.wsj.com/article/SB10001424052702304177104577310050863533554.html?mod=ITP_pageone_0 (SUBSCRIPTION)

On Day 3, Justices Weigh What-Ifs of Health Ruling (New York Times)

The day after the Supreme Court suggested that President Obamas health care law might be in danger of being held unconstitutional, the justices on Wednesday turned their attention to the practical consequences and political realities of such a ruling. The justices seemed divided on both questions before them: What should happen to the rest of the law if the court strikes down its core provision? And was the laws expansion of the Medicaid program constitutional? The two arguments, over almost three hours, were by turns grave and giddy. They were also relentlessly pragmatic. The justices considered what sort of tasks it makes sense to assign to Congress, what kinds of interaction between federal and state officials are permissible and even the political character of the lawsuits challenging the law. One justice dipped into Senate vote counting. The court had in other words, on the third and final day of a historic set of arguments, moved from the high theory of constitutional interpretation to the real-world consequences of what various rulings would entail. http://www.nytimes.com/2012/03/29/us/justices-ask-if-health-law-is-viable-without-mandate.html? ref=todayspaper

Opponents, proponents see reason (NS/Collins)

for hope following

court arguments

Justin Owen and Beth Uselton parsed the lawyers' arguments, decoded the justices' questions and reached starkly different conclusions about how the U.S. Supreme Court will rule on the national health-care reform law. "It does seem, from the very hard-line questions, that the court is potentially ready to strike down the individual mandate," said Owen, president of the Tennessee Center for Policy Research and an opponent of the health reforms. "We feel confident the Supreme Court is going to uphold the individual mandate and the rest of the law," countered Uselton, executive director of the Tennessee Health Care Campaign and a supporter of the law. Both sides of the health-reform debate those who fervently oppose the law and those who just as strongly support it found reason to believe they will prevail as three days of oral arguments on the constitutionality of the reforms concluded Wednesday. http://www.knoxnews.com/news/2012/mar/29/opponents-proponents-see-reason-for-hope-court/

Two states, two different paths on charter schools (Stateline)

The crucial education debates in Georgia and New Jersey this year havent all centered around money. To a great extent, they have centered around power: W ho has the power to create new charter schools? Both states are led by Republican governors who favor the expansion of the publicly funded, privately run schools. But they seem to be going in opposite directions. Legislators in Georgia voted recently to make it easier for the state to approve new charter schools, regardless of whether local authorities want them or not. Their measure awaits voter approval. In New Jersey, the legislature is considering a measure to slow down the states approval of charters, by requiring local endorsement of each charter application. The New Jersey measure still requires passage by the Senate, where it has yet to be introduced, but if successful, charter experts say it would 8

represent an unusual direction for charter school legislation. I dont know of any states that have gone the way New Jersey is going, says Bryan Hassel, an expert on charter schools and co-director of Public Impact, an educational consulting company. http://www.stateline.org/live/details/story?contentId=642125

Nashville shopping mall to reopen Thursday (Associated Press)

The Opry Mills shopping mall in Nashville will formally reopen Thursday after being shuttered for almost two years because of flooding from the nearby Cumberland River. The 1.2 million-square-foot mall at the site of the old Opryland USA theme park has been closed since May 2010. A dispute over insurance coverage delayed restoration work at the venue adjacent to the Gaylord Opryland Resort and Convention Center. An estimated $200 million in repairs has been done. A few tenants have already reopened or, like Bass Pro Shops, never closed or shut down briefly. The flooding also caused major damage in other areas of Nashville, including downtown. The mall, with 140 retailers, is owned by Simon Property Group. http://www.tennessean.com/usatoday/article/38913807?odyssey=mod|newswell|text|News|p

Opry Mills Mall reopens today (Tennessean/Marsteller)

Opry Mills resurrection is almost complete. Mall officials, contractors and store employees scurried to put on the final touches W ednesday in preparation for a grand reopening today one year, 10 months and 27 days since the swollen Cumberland River damaged the shopping center, forced its closure and prompted a $200 million makeover and an ongoing insurance lawsuit. Inside, workers polished tile floors and walls, added touch-up paint and vacuumed construction dust. Mall officials monitored the progress via walkie-talkies as they hosted a sneak preview for the news media. Outside, a steady stream of cars driven by curious would-be shoppers and other onlookers circled the complex as workers painted stripes, crosswalks and parking emblems on the repaved parking lot. Its so exciting to see it reopen again, said Ada Nosowicz, a national account manager for mall operator The Mills, who was at Opry Mills when it originally opened in 2000. http://www.tennessean.com/article/20120329/BUSINESS01/303290061/Opry-Mills-Mall-reopens-today? odyssey=tab|topnews|text|FRONTPAGE

Opry Mills Reopening Relieves Employees (WPLN-Radio Nashville)

Its a day many thought would never come. Opry Mills celebrates its grand re-opening Thursday. The mall, which employs nearly 3,000 people, has been mostly vacant since the May floods of 2010. Even the malls employees like Amy King didnt know what to think when owner Simon Property Group halted repairs after the flood. The company still hasnt resolved a lawsuit over $200 million of insurance money. I think we were all scared, especially people who were counting on having a job here, we were concerned with having employment. Now with Dollywood coming in, were so excited. Dollywood is partnering with nearby Gaylord Opryland Hotel to build a water park. The mall retained many of its anchor tenants but did lose Barnes & Noble as well as the Gibson Showcase. Additions include a Coach, Calvin Klein and White House Black Market. Prior to the flood, the mall generated $26 million a year in state and local taxes. http://wpln.org/?p=35522

Opry Mills mall before and after (Nashville Business Journal)

Tourists may have three hours to spend at a mall like Opry Mills , but nearby residents mostly want to get in and out. W ith that in mind, Indianapolis-based Simon Property Group redesigned Opry Mills in hopes of luring more local shoppers, said Gregg Goodman president of The Mills. Opry Mills will formally reopen Thursday, after being closed since the flood of May 2010. A before and after gallery of the redesigned mall is available to the right. With a clean slate to work with, Simon was very deliberate in where it located the more than 200 tenants within the mall. "It was like putting together a puzzle," said Goodman, claiming that Opry Mills is likely the largest shopping center to open in the United States in recent years. Similar stores are now grouped together. The concept is similar to cable TV, where ESPN is found near other sports channels and CNN is one click away from another news station. http://www.bizjournals.com/nashville/blog/2012/03/gallery-opry-mills-mall-before-and.html

McKesson VP: Slowness Cost Memphis (Memphis Daily News)

When McKesson Pharmaceutical Co. went looking for another redistribution center, it wanted 70 acres of land for what wound up being a $135 million investment, the largest capital investment made in the history of the health 9

care software, automation and services company. There were three sites in Memphis McKesson considered in 2009. The only one of the three that had that much acreage was a tract of land near the recently opened Northridge distribution center Nike built in Frayser The impact of a second major distribution center in an area already blighted before the current recession would have been incalculable. McKesson rejected the Frayser site because of safety concerns, said Douglas Pace, operations vice president for the McKesson Redistribution Center in Memphis, soon to be in Olive Branch. The security of our employees coming in at 2 or 3 oclock in the morning, going out at 6 or 7 at night, two-and-a-half miles to get to Interstate 40 was a major consideration in not selecting that property, Pace told the monthly luncheon of the Memphis chapter of the Society of Industrial and Office Realtors. http://www.memphisdailynews.com/news/2012/mar/29/mckesson-vp-slowness-cost-memphis/

State outlines school changes (Commercial Appeal/Roberts)

Frayser Elem. parents hear about new plansAbout 10 parents showed up Wednesday to meet the state officials who will be running Frayser Elementary School in the fall. The turnout appeared to be a letdown for organizers, based on the number of pizza boxes stacked in the back. Ninety minutes later, parents said their questions had been answered as they headed out the doors to make up their minds about where they will send their children to school. "I am interested because I want to see if those changes are going to be relevant," said Isaac Green, who has three children at Frayser. Under state Race to the Top legislation passed in 2010, schools performing in the bottom five percent are eligible for the Achievement School District, a state-run district that will operate under its own rules, separate from the local school board. The state is in charge of hiring teachers and principals, setting hours of operation and choosing curriculum. This winter, parents in Frayser learned that three of their schools would be the first to come under state management: Frayser Elementary, Corning Elementary and W estside Middle. ttp://www.commercialappeal.com/news/2012/mar/29/state-outlines-school-changes/ h (SUBSCRIPTION)

OR teachers seek pay raise, more days off (Knoxville News-Sentinel/Fowler)

It would take $594,567 to fund the city's share of a teachers' group's request for 2.5 percent pay hikes, a school official estimates. Funding that pay raise would require nearly a 7-cent increase in city property taxes, according to city revenue figures. Karen Gagliano, the school system's director of business and support services, on Wednesday gave the estimate of the local cost for pay raises. The co-presidents of the Oak Ridge Education Association, Steve Reddick and Mike Haygood, gave their salary package proposal to Board of Education members Monday. The OREA, which represents 220 of the school system's 377 teachers, also is asking for an additional personal day off for educators as well as a new holiday leave day the W ednesday before Thanksgiving. Also sought by teachers in the next fiscal year, which starts July 1: a one-time bonus equal to $100 for each year of employment to be awarded to teachers when they retire. That bonus would be capped at $3,000. "We know that we're in tough budgetary and economic times," Reddick stated in an email Wednesday. "At the same time, teacher salaries have lagged behind cost-of-living raises for several of the past years, while we are being required to do more and more. http://www.knoxnews.com/news/2012/mar/28/or-teachers-seek-pay-raise-more-days-off/

Meth lab found in duffle bag at Elizabethton apartment (Bristol Herald-Courier)

A meth-lab found in an apartment building in Elizabethton led to two arrests Tuesday night as well as the removal of a child from the home. According to reports from the Elizabethton Police Department, officers went to an apartment on South Sycamore Street in Elizabethton to serve an outstanding arrest warrant for violation of probation on Cheyenne Lunceford, 21. When officers arrived, they say they found Lunceford, along with Richard Jason Bryant, 31, of Jonesborough, Tenn. and a 17-month-old child. Lunceford consented to a search of the home, at which time officers say they found a clandestine methamphetamine lab, also known as a one pot lab, inside a duffle bag in the home. Officers also report finding other components needed in the manufacture of methamphetamine in the home. Cheyenne Lunceford was arrested and charged with Promotion to Manufacture Methamphetamine, Initiation Process of Manufacturing Methamphetamine, Aggravated Child Abuse, Maintaining a Dwelling for distribution of a controlled substance, Possession of Drug Paraphernalia, Possession of Schedule II drug and Violation of Drug Free School Zone, due to the apartment being located less than 1,000 feet from an elementary school. http://www2.tricities.com/news/2012/mar/28/meth-lab-found-duffle-bag-elizabethton-apartment-ar-1801579/

Man arrested with portable meth lab at his feet (Jackson Sun)
Siler also had outstanding warrants, police say A Jackson man was arrested Monday on drug charges after 10

authorities said they found a meth lab in a car he was in, according to a news release. Jackson-Madison County Metro Narcotics investigators encountered Ashton Skye Siler, whom they knew to have multiple outstanding warrants, on the parking lot of 154 Law Road in northeastern Madison County, the release said. The release said that when officers approached the car that Siler was seated in, they found he had a one pot meth lab in the floor of the car between his feet. Siler was removed from the car and taken into custody. Investigators dismantled the lab and processed and neutralized other lab components with support from the Madison County Fire Department. A response truck from the Tennessee Methamphetamine and Pharmaceutical Task Force was called in to package and remove the hazardous wastes, and the car that contained the lab was seized and placed under quarantine. The release said this type of meth cook usually yields between 3 grams and 9 grams of finished product, which sells for $100 per gram on the street. http://www.jacksonsun.com/article/20120329/NEWS01/303290006/Man-arrested-portable-meth-lab-his-feet? odyssey=tab|topnews|text|FRONTPAGE

MORE

OPINION Times Editorial: No need for religion bill (Chattanooga Times Free-Press)
State Rep. Andy Holt and state Sen. Kerry Roberts, both Republicans, won't leave well enough alone. Despite considerable evidence to the contrary, they are convinced that Tennessee needs a law that will allow select students to voluntarily express their "religious viewpoints" in a public school setting. Their bills -- called the "Religious Viewpoints Antidiscrimination Act," -- won approval in House and Senate committee votes earlier in the week. They are now headed for floor votes in both legislative chambers. The bills should be thwarted. The legislation would make it mandatory that school districts provide a "limited public forum" for students to voluntarily express their religious viewpoints. It also prohibits discrimination against them for doing so. The act would require school systems to devise a method, based on what are called neutral criteria, to select student speakers who will espouse religious viewpoints at a variety of school events. It also sets eligibility standards for students allowed to speak at such forums. That all might sound good to supporters of the bills, but the proposal is a perfect example of making law where none is needed. Tennessee has sufficient laws to cover religious expression in public schools. Though there are occasional exceptions, most school districts adhere to laws passed in the 1990s that address religion and prayer. http://www.timesfreepress.com/news/2012/mar/29/noneed-for-religion-bill/?opiniontimes 11

Editorial: Law to add religion in schools not best idea (Jackson Sun)
The Religious Viewpoints Antidiscrimination Act is headed for a vote in the Tennessee House and Senate. W e question the need for this legislation and caution lawmakers to consider what doors they might unintentionally be opening. The act is overbearing and would force local school districts to establish a policy they dont need. Also of concern, the proposed model policy provided in the legislation is arbitrary and could be considered discriminatory by some. House Bill 3616 and Senate Bill 3632 have passed the Education Committee of each chamber. The measure requires local school districts to adopt a policy that includes the establishment of a limited public forum for student speakers at all school events where a student will speak. The intent of the legislation, as stated in its title, is to prevent religious discrimination against the voluntary expression of students religious beliefs. The bill summary states: Under this bill, a student may organize student prayer groups, religious clubs, or other religious gatherings to the same extent that students are permitted to organize other non-curricular student activities and groups. Religious student groups would be given the same access to school facilities for assembling, as well as the same opportunity to advertise or announce meetings of the groups, as is given to other non-curricular groups without discrimination based on the religious content of the students expression. http://www.jacksonsun.com/article/20120329/OPINION/303290002/Our-View-Law-add-religion-schools-not-bestidea

Guest

columnist:

Anti-evolution

movement

imperils

medical

research

(Tennessean)
Fight against cancer advances because of Darwin, scientists who followed him Last year, I was diagnosed with breast cancer. This year, state legislators in Tennessee passed bills designed to undermine the teaching of evolution in public school biology classes. Those events seem unrelated. But these bills are bad for my health and the health of each of the 1.5 million Americans diagnosed with cancer every year. These bills legitimize the idea that the theory of evolution is just an opinion. It is actually a robust explanation for the diversity of life on Earth, supported by thousands of observations and experiments, used to make testable predictions about nature which includes our bodies. When I was a child in the 1960s, cancer was usually a death sentence. Today, most of us know cancer survivors. The treatment breakthroughs we patients now turn to for help are products of the scientific method. And the most recent treatment breakthroughs rely on knowledge of the DNA of cancer cells. What most nonbiologists dont realize is this: If the theory of evolution hadnt predicted the existence of genes, we might never have understood the importance of DNA. http://www.tennessean.com/article/20120329/OPINION03/303290057/Anti-evolution-movement-imperilsmedical-research?odyssey=mod|newswell|text|Opinion|p

Frank Cagle: Lets Pass a Law to Keep Secret Stuff Thats Been Secret (M. Pulse)
Sometime I think Ive entered Bizarro World when I view public policy issues being argued in the Tennessee Legislature. I was an early proponent of value-added testing of teachers and spent time out on the University of Tennessee campus talking with Dr. William Sanders, the godfather of the Tennessee testing program. Gov. Ned McW herter was determined to enact education reform and his chief policy adviser, Billy Stair, immediately saw the testing program as significant reform and a McW herter legacy. The proponents at the time decided the scores would be kept secret at first. It is unfair to judge a teacher on one years scores. Sometimes there are just bad classes and other factors that are not representative of a teachers career. It was generally believed that once three to five years worth of scores had been accumulated, an average score for a teacher would be fair and ought to be released. But almost 20 years later the education establishment has been successful in keeping the scores secret. In fact, it has only been in very recent years that school administrators have even been able to use the scores as part of a teachers evaluation. Over the years no media organization has sued or even made an issue about the scores not being public. http://www.metropulse.com/news/2012/mar/28/lets-pass-law-keep-secret-stuff-s-been-secret-unde/

Columnist: Lawmakers Chase Agenda 21 W hile Real Problems Get Worse (MP)
A joint resolution passed this month by the State House condemning a 20-year-old United Nations document should be placed into a time capsule so future generations can understand why they inherited an unsustainable and deteriorating world. The legislators who sponsored HJR0587 embarrass not just Tennessee but also humanity. The bill calls U.N. Agenda 21 destructive and insidious and says it views the American way of life of 12

private property ownership, single-family homes, private car ownership, individual travel choices and privately owned farms all as destructive to the environment and will accomplish its goals by socialist/communist redistribution of wealth... National sovereignty is deemed a social injustice. In fact, the document is a call for industrialized countries to establish investment and trade partnerships with developing countries to encourage sustainable development, open new markets, and sell our goods know-how to the rest of the world. Reading like a Reagan-era statement on international policyessentially what it isAgenda 21 calls for reduction and elimination of tariffs. It says nations have a sovereign right to exploit their own resources pursuant to their own environmental and developmental policies, and promotes market policies such as social and environmental costs in resource pricing. http://www.metropulse.com/news/2012/mar/28/state-lawmakers-chase-agenda-21while-real-problem/

Editorial: 'No Budget No Pay' could clean up Congress (Daily News Journal)
U.S. Rep. Jim Cooper calls Congresss budgeting mess no way to run a superpower, and hes right. Congress has missed deadlines for 14 straight years on spending bills and hasnt passed a full budget measure in three years. While congressional budgets are non-binding and simply set targets for spending bills, this type of operation is a slap in the face of the American people, private businesses and local and state government, all of which must live by a budget. In light of that, Cooper, a Nashville Democrat, is sponsoring legislation that would suspend congressional pay if federal lawmakers fail to pass a budget and the accompanying 12 spending bills that finance government agencies by an Oct. 1 deadline each year. Critics of the measure call it an election-year gimmick and an unnecessary hoop because the federal government continues to function. Some also contend that members of Congress are so wealthy that the loss of congressional pay provides no incentive. But Coopers bill has bipartisan support, including co-sponsorships from Tennessee Republicans Reps. Diane Black of Gallatin and Scott DesJarlais of Jasper, and its gaining backing in the halls of Congress. http://www.dnj.com/article/20120329/OPINION/303290001/EDITORIAL-No-Budget-No-Pay-could-clean-upCongress?odyssey=tab|topnews|text|FRONTPAGE

Free-Press Editorial: Financing our vital schools (Chattanooga Times Free-Press)

Aside from providing good and efficient police, fire and other similar protections for the safety and security of our people, there obviously is no more challenging public responsibility than providing good schools for our children. We are reminded of that in Hamilton County as our county school system is proposing a budget of $383 million for the next fiscal year -- an increase of about $15 million more than the current year. About $12 million of the increases are described by the system's director of accounting and budgeting as "unavoidable." They include $5 million in employee salary increases, $4 million to cover health insurance cost increases, $1.7 million for charter schools, $462,500 toward a new science, technology, engineering and math school, and $420,000 more in transportation costs. Looking for savings, school budget officials suggested $1.5 million in textbooks and $1 million in reduced salary increases next year. Christie Jordan, the director of accounting and budgeting, said that "when you have a budget that's 83 percent people, you don't have a lot of other places to go [for savings]." Supt. Rick Smith appropriately said that, wherever savings are found, "Our goal is always to protect the classroom." http://www.timesfreepress.com/news/2012/mar/29/financing-our-vital-schools/?opinionfreepress

Editorial: Knox voters need to clarify term limits for officials (News-Sentinel)
The Knox County Charter Review Committee has the thankless task of cleaning up a charter that was written in ignorance of the latitude given to home rule counties. The state constitutional convention of 1977 gave counties the freedom to form their governments as they see fit. Shelby and Knox County did so, but no one, it seems, grasped the concept that almost any reform was possible until the state Supreme Court upheld term limits in Knox County in the Jordan decision of 2007. Building on a Shelby County case, the Supreme Court upheld term limits for most Knox County officials. Looking back at the term limits vote from 1994, however, it appears some housecleaning is in order. First and foremost, the principle of limiting the numbers of terms a county official can serve needs to be preserved. Term limits prevent, or at least retard, the formation of political machines that can undermine the democratic foundations of local government. Once that question is settled (and it should remain settled), the issue moves to how term limits are applied to the relevant offices. According to the Supreme Court, the offices in the judicial and school branches of county government are exempt from term limits, so the Knox County term limits restrictions apply only to the county mayor, commissioners, law director and other independent offices such as trustee. http://www.knoxnews.com/news/2012/mar/29/editorial-knox-voters-need-toclarify-term-for/ 13

Guest columnist: Are our schools ready for allergic attacks? (Tennessean)
A few weeks ago, stories appeared in the local media about Tyler Edwards, a Gallatin elementary school student, whose life was saved by some fast-thinking and fast-acting school personnel. The student suffers from a peanut and tree-nut allergy, controlled by a strict regimen yet potentially deadly if not treated quickly when a reaction occurs. As young Tyler explained to the Hendersonville Star News, Most kids theyre always surprised that I cant even have the plain M&M candy without the peanuts because it was made in a facility where the peanuts are. Edwards is one of the nearly 6 million children in the United States with food allergies, according to research conducteby Northwestern University. Food allergies, and specifically peanut allergies, are a growing trend among children under age 18 that is reflected by an 18 percent increase in prevalence from 1997 to 2007. A Valentines Day treat triggered Edwards allergic reaction, also known as anaphylaxis, which causes a drop in the heart rate and swelling in the throat that cuts off breathing. It created a scary moment at Jack Anderson Elementary School. http://www.tennessean.com/article/20120329/OPINION03/303290056/Are-our-schools-ready-allergic-attacks-? odyssey=mod|newswell|text|Opinion|p

Times Editorial: The high court's challenge (Chattanooga Times Free-Press)

The Supreme Court's dissection of the Affordable Care Act over the past three days was far more enlightening about the activist partisan bent of the so-called conservatives on the court, than it was about the sense of reason, the common good and the broad justice that is presumed to lie at the heart of the court's mission. Justice Antonin Scalia, regarded as the intellectual light of the conservatives' five member majority, made that dishearteningly clear with his witless comparison of the individual mandate to purchase health insurance to a mandate -- if the government so wished -- for Americans to buy broccoli. The Justices were thought ready to debate the wisdom and correctness of a thoughtful application of the long-standing federal interstate commerce clause to bring order, humanity and fair market standards to an out-of-control, and frequently inhumane, American health insurance system -- a system that labels providing care a "medical loss" to its bottom line, and that has long used "pre-existing conditions" to deny care and let clients die. Justice Scalia and other conservative justices made light of that core purpose. They also regularly ranged far afield from the core issue before the court: If the nation's health care system is required to provide costly care and stabilization to all uninsured comers -- victims of rock-climbing and motorcycle accidents, heart attacks and gunshot wounds, comas, crisis births and severe burns -- is it not reasonable under the commerce clause to impose a rational system that properly spreads the costs and burdens of mandatory care as equitably as possible. http://www.timesfreepress.com/news/2012/mar/29/the-high-courts-challenge/?opiniontimes

Free-Press Editorial: Troubling medical 'mandate'! (Chattanooga Times FreePress)

We all, of course, want all of our people to have whatever medical care they may need. W e surely realize that it is a good idea for us all to have sufficient medical care insurance, either in connection with where we work or individually. But can you find anything -- anything -- in our Constitution of our United States that says -- or even implies -- that our federal government has the legal power to mandate or in any way legally to require us to buy medical care insurance? Of course, there is no such constitutional requirement. But it's a issue that is before the Supreme Court of the United States. President Barack Obama's plan is to require every American to carry medical insurance. In questioning this week, the justices of our Supreme Court properly asked whether the American people can be required by law to buy burial insurance, cell phones, broccoli -- or medical insurance, The Associated Press reported. About 30 million Americans reportedly do not have medical care insurance. But the Supreme Court justices now will decide whether it is constitutional for President Obama and a majority in Congress to require it.http://www.timesfreepress.com/news/2012/mar/29/troubling-medical-mandate/? opinionfreepress ###

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