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THURSDAY, NOVEMBER 10, 2011 Tenn.

revenues beat 1st-quarter projection by $57M (Associated Press)


Tennessee's sales tax revenues grew 6.5 percent in the first quarter of the budget year, and general fund collections have come in at $57 million above projections. Finance Commissioner Mark Emkes in a release Wednesday called the sales tax growth the "best indicator of economic recovery." But he cautioned that national economic indicators and uncertainty over federal budget pressures point to a slow recovery. Sales taxes account for nearly two out of every three dollars collected for the state's general fund. October sales tax collections, which reflect economic activity in the previous month, came in at nearly $16 million above projections. Corporate franchise and excise taxes beat estimates by $25 million. http://content.usatoday.net/dist/custom/gci/InsidePage.aspx?cId=tennessean&sParam=37903719.story

Tennessee tax revenue up 8% in October (Nashville Business Journal)


Tax collections in Tennessee last month offer bright signs for the states economy, though the Haslam administration continued to strike a cautious note. Revenue for October was $791.5 million, Commissioner Mark Emkes of the Department of Finance and Administration reported in an announcement today. Thats 8 percent over October 2010, and above the budgeted estimate. Excerpts from today's announcement: Were satisfied with the positive growth rates experienced in our overall tax collections, especially in the sales tax, which is the best indicator of economic recovery in Tennessee, Emkes said. The sales tax recorded a first quarter growth of 6.5%, which is the best first quarter growth since 2006. However, we continue to watch national leading economic indicators, which show that very slow recovery is in progress, and in light of that and the uncertainty surrounding resolution of the federal budget, we must continue to be diligent in monitoring our spending patterns. http://www.bizjournals.com/nashville/news/2011/11/09/tennessee-tax-collections-mark-emkes.html

Tennessee tax revenues rose again in October (Tennessean/Sisk)


Tax collections in Tennessee beat estimates in October and grew for the 16th consecutive month, state officials said Wednesday. The state collected nearly $791.5 million in October, an increase of 8 percent from a year ago. State budgeters projected collections of $755 million in October. Officials were especially pleased with the pace of sales tax collections, which account for about half of Tennessees annual revenues. Tennessee brought in $570 million in sales taxes in October, up 6 percent from last year. Mark Emkes, the state commissioner of finance and administration, said sales taxes are the best indicator of economic recovery in Tennessee. However, we continue to watch national leading economic indicators, which show that very slow recovery is in progress, Emkes said in a statement. http://www.tennessean.com/article/20111110/NEWS/311100027/Tennessee-tax-revenues-rose-again-October? odyssey=mod|newswell|text|News|s

Feds give Tennessee $3.4 million for former Goodyear workers (M. Biz Journal)
The Tennessee Department of Labor and Workforce Development has received a $3.4 million National Emergency Grant that will help train and reemploy 850 of 1,983 workers that were laid off when Goodyear Tire And Rubber Co. shut down its Union City manufacturing facility. The company announced the facility would be shut down in February and anticipated it would take until the end of the year to end operations. However, Goodyear abruptly shut the facility for good in late July. In April, Goodyear workers were approved for federal assistance because their jobs were affected by foreign trade through the Trade Adjustment Assistance program. The program aids workers in job training and job searches, as well as health care and relocation allowances. Clearly this grant is great news for the displaced workers at Goodyear, Karla Davis, commissioner of the Tennessee Department of Labor, said in a statement. With the dual support provided under Trade Adjustment

Assistance and this National Emergency Grant, these individuals will have a full range of assistance in order to get back to work. http://www.bizjournals.com/memphis/news/2011/11/09/feds-give-tennessee-34-million-for.html

State panel weighs tuition hikes (Commercial Appeal/Locker)


Public universities, colleges face increases of 3% to 10% Students at the University of Memphis and the University of Tennessee, Knoxville, face tuition increases of 5 to 8 percent for the 2012-13 school year under recommendations to be considered today by the Tennessee Higher Education Commission. The staff recommendation to the commission also calls for tuition hikes of 3 to 6 percent at the state's other public universities and community colleges, and 5 to 10 percent at the Tennessee Technology Centers. If the 15member commission of citizens, students and state officials approves the staff recommendation, it will go to the governor and the legislature for review and approval as part of the overall state budget process. That won't be complete and final tuition and fee figures won't be set until May or June, for the school year that starts next August. The range of the recommendations takes into account Gov. Bill Haslam's request to most state agencies to submit budgets for the next fiscal year with state funding cuts of 5 percent -- a $51 million reduction for public higher education in the state. http://www.commercialappeal.com/news/2011/nov/10/state-panel-weighs-tuition02/

Decision to halt cremations at Lyons View vets cemetery reversed (NS/Brown)


The Tennessee Department of Veterans Affairs has reversed a decision that halted cremation burials in the East Tennessee Veterans Cemetery on Lyons View Pike. When the state opened its new 70-acre East Tennessee Veterans Cemetery on East John Sevier Highway on Sept. 15, the intention was to continue cremations at the Lyons View facility, known as Lyons View Veterans Cemetery. Then, when all the equipment and most of the cemetery crew shifted to the new facility, the state Veterans Affairs Department decided to halt cremations at Lyons View, even though plots remained for cremations, according to Donald Smith, assistant VA commissioner. "Nothing went out that specifically addressed that (closing the sites), but then the issue came up for the remaining cremains (cremation) sites," Smith said. "There was the impression that there were a lot more than there are." Herbert S. Arnett, retired hospital director of the Veterans Administration in Knoxville and former head of the VA hospital in Memphis, wrote a letter to Gov. Bill Haslam complaining about the state's intention to not use the "precious and beautiful plots" for cremations. http://www.knoxnews.com/news/2011/nov/10/state-official-decision-to-halt-cremation-at/

THP went undercover among Occupy Nashville protesters (Tennessean/Rau)


State troopers and Metro police officers conducted undercover operations in order to infiltrate Occupy Nashville protesters in the days leading up to the controversial arrests last month, according to records reviewed by The Tennessean. Responding to increasing reports of illegal and lewd behavior among Occupy Nashville protesters, Tennessee Highway Patrol troopers dressed in street clothes and mingled among the crowd, according to the documents. Unmarked vehicles also made regular rounds of the public square above the Legislative Plaza office building, where the protests have taken place every day since early October. Occupy Nashville protesters, like their national counterparts in Occupy W all Street, oppose undue corporate influence on government. An email from Department of Safety and Homeland Security Assistant Commissioner David Purkey instructed two officers to wear blend in clothing for the operation. Occupy Nashville spokeswoman Dorsey Malina said protesters were aware of the undercover officers because they did a poor job of blending in. We knew that there were certain people here that were probably undercover. Malina said she was unsurprised to learn of the undercover efforts. http://www.tennessean.com/article/20111110/NEWS/311100042/THP-went-undercover-among-OccupyNashville-protesters?odyssey=mod|newswell|text|FRONTPAGE|s

THP Emails Describe 'Covert' Plan, Concerns About Arrests (WTVF-TV Nashville)
NewsChannel 5 Investigates has obtained emails sent by state officials as they launched two nights of arrests at Occupy Nashville. Perhaps most stunning those emails show concerns that all the manpower put into the arrests could end up causing more deaths on the roads. Those emails -- more than 250 messages in all -- were released late W ednesday under Tennessee's public records law. Long before Occupy protestors prepared for arrest on that first night -- arrests that finally came around 3 a.m. on Oct. 28 -- the emails show Department of Safety and Homeland Security personnel engaged in what they called a "covert operation." "The dress will be covert to blend into the crowd," wrote John Albertson III, director of the Highway Patrol's Special Investigation Bureau. "They will send any updates as to crowd size, placement and significant events." W hich they did: 8:42 p.m. -"Group still gathered and discussing rights and peaceful arrest." 11:08 p.m. -- "Still peaceful. TPAC play released 2

with large crowd leaving." 11:34 p.m. -- "One male white in all black carrying an old military type gas mask on side seen in crowd. Still peaceful." http://www.newschannel5.com/story/16003432/thp-emails-describe-covert-operation-concerns-about-occupyarrests

Staffer says she was urinated on near Occupy Nashville protesters (W KRN-TV)
The state is investigating reports that at least one staff member on Tennessee's Capitol Hill has been urinated on from above a Legislative Plaza courtyard just a few yards from where dozens of Occupy Nashville members are continuing their protest. A memo has gone out from the director of the Legislative Administration warning staffers to be "aware of their surroundings when in the courtyard area." The memo said there was "an incident involving debris/substance falling from the upper plaza down into the courtyard area behind House Hearing Rooms 29, 30 and 31." The memo went on to say the Tennessee Highway Patrol has been notified and is "making an effort to ensure the area is safe." "We are hopeful that this will not happen again," the memo concluded. One staffer was asked if she believed the incident was caused by Occupy Nashville members or homeless people who have gravitated to the area since protesters starting camping there in early October. The staffer did not want to be identified, but told Nashville's News 2, "We never had these problems in my years here before the protesters showed up." The staffer who believes she was urinated on, a lawmaker's secretary, "It's absolutely the most disgusting thing that's happened to me up here. I was hit on the hair, my sweater, slacks and shoes." http://www.wkrn.com/story/15999336/staffer-urinated-on-near-occupy-nashville-protesters

TBI executes search warrant in Nashville (Associated Press)


The Tennessee Bureau of Investigation has served a search warrant seeking information about the operation of the office of Davidson County Clerk John Arriola. WTVF-TV reported Wednesday that investigators are checking whether there has been a "ghost employee" at the office ( http://bit.ly/rUlnQ4 The investigation was ordered ). following reports by the station about work arrangements at the office. The search warrant was executed at a credit union looking for account transactions. http://content.usatoday.net/dist/custom/gci/InsidePage.aspx?cId=tennessean&sParam=37906003.story

Lewis County officials charged with misconduct (Columbia Daily Herald)


Two Lewis County highway officials have been charged with misconduct and other felonies following a monthlong probe by the Tennessee Bureau of Investigation. Lewis County Road Superintendent Ronnie Darnell, 58, of Summertown, was indicted by a county grand jury Monday on five counts of official misconduct, one count of theft over $10,000, two counts of theft over $1,000, one count of theft under $500 and one count of unlawful disposal of hazardous waste, the TBI said. The TBI said between 2006 and 2011, Lewis County personnel and equipment were used to build a road on private property and county owned scrap metal and wood collected as road debris was improperly sold. Also, the investigation revealed that in the spring of 2011, used oil contained in 55 gallon drums was buried on county property, the bureau said. Attempts to reach Darnell for comment Wednesday were unsuccessful. A phone number listed for Darnell's residence had been disconnected. County Highway Department Supervisor Harold Pete Burns, 61, of Hohenwald, was also indicted on one count of official misconduct and one count of unlawful disposal of hazardous waste. http://www.columbiadailyherald.com/articles/2011/11/09/top_stories/0001misconduct.txt

State: Beware of scams (Jackson Sun)


Head of Consumer Affairs warns against fraud schemes Gary Cordell, director of Consumer Affairs for Tennessee, hopes to hear the phones ring more and see the stack of consumer complaints rise at his office. To him, those are signs that his department's efforts to educate the public about spotting scams of all kinds are working. Cordell, who has been the office's director for eight months, spoke during a meeting with The Jackson Sun's editorial board Wednesday afternoon. State Rep. Jimmy Eldridge, R-Jackson, traveled with Cordell. Eldridge serves as the chairman of the House Consumer and Employee Affairs Committee. The consumer affairs office is promoting its new message for next year: "Don't get scammed in 2012," Cordell said. "Scams are so prevalent that we need a concentrated effort to get the media, civic groups, community organizations and others to educate people on what types of scams they face," he said. The office has printed a 2012 calendar and each month focuses on a different category of fraud or scam. On the back of each calendar is a link to the office's website, where consumers can learn more about scams and file a complaint. http://www.jacksonsun.com/article/20111110/NEWS01/111100304/State-Beware-scams 3

Kyle's Choice (Memphis Flyer)


Jim Kyle, the Democrats' leader in the state Senate and a longtime Shelby County legislator, says he woke up Tuesday morning of last week without a thought about running for another office, but he started getting phone calls urging him to consider a race for district attorney general next year. Bingo! "I hadn't thought about it at all, but I had to respect the people who were talking to me about it, and I am thinking about it seriously," Kyle said. Blogger Steve Steffens (leftwingcracker.blogspot.com) was the first person to float the idea in public, but Steffens said he was responding to some of the same people who had contacted Kyle about the ideas. He, like them, thought the idea made perfect sense. For one thing, it is the most open of secrets that the now dominant Republicans intend to redistrict Kyle out of his Senate seat. And even if he should win in a freshly gerrymandered district and survive, he'd be mired in minority-party status for years to come. Meanwhile, Shelby County, like Davidson County (Nashville), is one of the few areas with enough of a Democratic core for a Democrat to make a serious race for a major position like, say, district attorney general. http://www.memphisflyer.com/memphis/kyles-choice/Content?oid=3076577

Lawsuit seeks to resume Knox. red light camera citations (News-Sentinel/Jacobs)


The vendor providing equipment for Knoxville's red light camera enforcement program is suing the city because it no longer issues citations for improper right turns on red. American Traffic Solutions Inc., filed the lawsuit Tuesday in Knox County Chancery Court. ATS has a five-year contract with Knoxville that was signed in 2009. Tennessee lawmakers enacted Public Acts 425 this year, which since July 1 has banned issuing citations for an improper right turn on red if the only evidence is a traffic camera video. While there were discussions among legislators about exempting existing contracts from the prohibition, that amendment did not make it into the final law. W ithout that amendment, all cities across the state that had a contract with a red light camera vendor had to cease issuing right turn on red violations. The state attorney general in August issued an opinion stating the new law was constitutional and did not unlawfully impact existing contracts. "Knoxville's decision has not been made in bad faith but is the result of the difficult position in which Knoxville has been placed in order to comply with Public Act 425," states the lawsuit. http://www.knoxnews.com/news/2011/nov/09/lawsuit-seeks-to-resume-knoxville-red-light/

La Vergne groups fight redistricting proposal (Gannett)


Two citizens groups that normally disagree on issues surrounding the city have agreed the countys proposed redistricting plan for school board zones is not in the communitys best interest. The group known as This is La Vergne was named after a community blog created in 2006. The grassroots Concerned Citizens of La Vergne was formed earlier this year to speak out against property tax, water and sewer fee increases passed by city leaders. We dont always see eye to eye, but we all agree on wanting whats best for the city. We just may not agree on the best path to get there, said Carolyn Hickerson of Concerned Citizens. Members of the two groups met with some elected officials Tuesday night to explain their feelings about the county Redistricting Committees recent proposal to have the city represented by three different members of the Rutherford County Board of Education. The redistricting process is required by law once every 10 years to ensure elected officials are representing the same number of residents. Proposed boundaries have La Vergne continuing to share board members with communities on the eastern and western ends of the county. http://www.tennessean.com/article/20111110/NEWS/311100035/La-Vergne-groups-fight-redistricting-proposal? odyssey=tab|topnews|text|News

Experts: Quake research needed in East Tenn. Seismic Zone (TFP/Johns, Sohn)
An earthquake expert said the 2.7 magnitude earthquake that hit Dalton, Ga., W ednesday and a 2.5 tremor in Dyersburg, Tenn., point up a need for further quake research in the East Tennessee Seismic Zone. "At the end of the day, it's the second-most-active seismic zone in the eastern United States, but we just don't know a lot about it," said Gary Patterson, director of education and outreach for the Center for Earthquake Research and Information at the University of Memphis. Experts say the Dalton quake, reported by Whitfield and Catoosa county residents at 11:45 a.m. EST, was centered a mile west and southwest of the city and about three miles underground. It was felt from Dayton, Tenn., to Atlanta and from Gainesville, Ga., into Alabama. No damage was reported, but Whitfield officials evacuated the county courthouse for a brief time. Patterson said scientists use the times and movements shown on quake instruments and look at quake trends over time to try to map fault lines and estimate the maximum credible magnitude in a seismic zone. http://www.timesfreepress.com/news/2011/nov/10/quake-research-needed-expert-says/?local 4

Shelby pension fund underfunded (Commercial Appeal/Connolly)


But stronger than most plans in public sector A large number of retirements and investment losses caused by the financial crisis have weakened Shelby County's employee pension fund, said Ed Koebel, an actuary with Cavenaugh Macdonald LLC, a firm with offices near Atlanta. As recently as 2009, there was more money in the plan than it needed to pay what it owed to retirees, Koebel said. But the number of retirements spiked because Sept. 1, 2010, was the first day that workers could retire under the new "Plan C" pension option. As of June 30, the fund had only enough money to cover an estimated 90 percent of its expected payouts to retirees in the system. Still, Koebel told county commissioners Wednesday that the retirement system is better funded than most in the nation. He said a typical public-sector plan is just 70 to 75 percent funded. In the current fiscal year, the county is expected to contribute $24 million to $25 million in taxpayer money to the pension fund, county finance director Mike Swift said. Koebel said the amount would have been even higher if the county had not recently moved to increase the amount that workers contribute. The commission also created a new, less generous plan for employees hired starting in July. http://www.commercialappeal.com/news/2011/nov/10/shelby-pension-fund-underfunded/

TN senators back bill to close online sales tax 'loophole' (Nashville Biz Journal)
Tennessees U.S. senators are cosponsoring a bill that supporters say will solve a national dilemma over online sales tax collection and generate up to $500 million in new tax revenue for the state. In a conference call with reporters this morning, U.S. Sen. Lamar Alexander, a Republican, discussed the Marketplace Fairness Act he helped develop. Sen. Bob Corker, R-Tenn., is among the 10 senators, evenly split among Republicans and Democrats, supporting the bill, Alexander said. It ends a subsidy for some businesses over others, Alexander said. I predict this will change things. The official unveiling of the bill comes after the Nashville Business Journal first reported that Alexander was developing legislation. The bill, which he developed alongside Sens. Mike Enzi, R-W yo., and Dick Durbin, D-Ill., allows states to require that online retailers collect sales taxes through a variety of options that would simplify the collection process and include a small-business exemption. http://www.bizjournals.com/nashville/news/2011/11/09/lamar-alexander-amazon-ebay-sales-tax.html

Alexander bill would close online sales-tax 'loophole' (Tennessean/Bewley)


Online sales tax bill could bring $400 million to Tennessee Republican Sen. Lamar Alexander introduced a bill Wednesday that would let states collect sales tax on items sold online, a measure that could bring Tennessee about $400 million next year. Currently, retailers without a physical presence in a state dont have to charge sales tax on products they sell there. Alexanders bill, co-authored by Sens. Mike Enzi, R-Wyo., and Dick Durbin, D-Ill., would change that to allow states to force online retailers to collect sales tax. Its a states rights issue. It gives the state of Tennessee the right to decide how to collect or not to collect its own state sales tax, Alexander said. It ends the subsidy for some businesses over others, it ends the subsidy for some taxpayers over others, it closes a loophole thats been growing for 20 years, and it permits the state to collect that avoided revenue. Economists at the University of Tennessee estimated in 2009 that the state would lose $365 million in uncollected taxes on online sales this year. They expect that figure to grow to $410 million next year. http://www.tennessean.com/article/20111110/NEWS0201/311100041/Alexander-bill-would-close-online-salestax-loophole-?odyssey=mod|newswell|text|News|s

Alexander, Corker push Internet sales tax (Chattanooga Times Free-Press/Sher)


A bipartisan group of U.S. senators, including Tennessee Republicans Lamar Alexander and Bob Corker, introduced a bill Wednesday that allows Tennessee, Georgia and other states to require online retailers to collect sales taxes. "It ends a subsidy for some businesses over others," Alexander said. "It ends a subsidy for some taxpayers over others." Brick-and-mortar retailers hailed the bill and said the bipartisan effort by 10 senators gives new momentum to their attempts to "level the playing field" between traditional stores and the burgeoning e-commerce businesses. Traditional retailers must collect sales taxes but, under U.S. Supreme Court decisions, states cannot compel e-retailers and other out-of-state retailers to collect tax unless they have an actual physical presence such as a store. However, many online sellers oppose the bill. eBay contends the legislation "will unbalance the playing field between giant retailers and small business competitors." "It does not make sense to expand Internet sales tax burdens on small businesses at a time when we want entrepreneurs to create jobs and economic activity," said Tod Cohen, eBay's vice president for government relations and deputy general counsel. http://www.timesfreepress.com/news/2011/nov/10/alexander-corker-push-internet-sales-tax/?local

Senators back online sales tax legislation (Knoxville News-Sentinel/Collins)


The push for a new federal law that would give states the right to collect sales and use taxes on online purchases from out-of-state retailers appears to be gaining momentum. A bipartisan group of 10 U.S. senators, including Tennesseans Lamar Alexander and Bob Corker, said Wednesday they are filing legislation that would allow, but would not require, states to collect taxes they are owed on online purchases. If approved, the proposed law would close a loophole that small retailers have long argued gives large online companies a significant price advantage over mom-and-pop businesses. Though previous efforts have faltered, Alexander said he believes the latest legislation stands a better chance of becoming law because it would enable states to more easily collect the taxes. "This is going to happen," the Maryville Republican said. Right now, remote sellers such as Amazon.com, eBay and others are not required under federal law to collect and remit sales taxes on online goods sold in a particular state unless they have a physical presence, or nexus, within that state. Traditional bricks-and-mortar businesses, on the other hand, are required to collect the taxes. http://www.knoxnews.com/news/2011/nov/09/alexander-sponsoring-online-sales-tax/

Bill to tax online sales introduced in U.S. Senate (Commercial Appeal/Sullivan)


Shoppers who expect to avoid paying sales taxes for online purchases may see those savings disappear if a bill introduced W ednesday by both of Tennessees senators becomes law. Sens. Lamar Alexander and Bob Corker, both Republicans, co-sponsored a measure that would require online retailers to begin collecting and remitting state sales taxes. Alexander said the Marketplace Fairness Act is not a new tax or an Internet tax but is merely an effort to collect a tax thats already owed but is often uncollected. Main Street sellers are up in arms because they have to collect a tax when they sell a television set or a computer and online sellers dont, he said. He said Gov. Bill Haslam estimated the law would allow Tennessee to collect as much as $300 million a year that now goes uncollected. That revenue, Alexander said, could result in the state lowering its sales tax rate, paying good teachers more or lowering state college tuition. And it would help prevent introduction of a state income tax, he said. http://www.commercialappeal.com/news/2011/nov/09/bill-tax-all-online-sales-introduced-us-senate-cou/

Alexander Expects Online Sales Tax Bill to Pass (WPLN-Radio Nashville)


It may not be long before people in Tennessee have to start paying sales tax on nearly all online purchases, according to Senator Lamar Alexander. Hes co-sponsoring legislation aimed at ending whats seen as a tax loophole. Companies without a brick-and-mortar store in Tennessee havent been forced to collect the state and local sales tax on purchases. The legislation Alexander helped write is called the Marketplace Fairness Act. It gives states a choice on whether to participate. If they do, the states have to supply retailers with the software to calculate the sales tax, which can differ by county. Governor Bill Haslam has already written a letter in support, and Senator Alexander says he expects the bi-partisan legislation to pass. I think Ive been around long enough and Ive watched congress long enough to say this is going to happen. If I were a governor, if I were an online retailer, if I were a catalog retailer, I would make my plans to conduct my business in this way. http://wpln.org/?p=31490

Alexander defends EPA power plants air quality rule (Times Free-Press/Carroll)
U.S. Sen. Lamar Alexander denounced deregulation this week, bucking a conservative colleagues plan to weaken a key air quality rule. Pollution makes our Great Smoky Mountains more like the Great Smoggy Mountains, Alexander said Monday evening on the Senate floor. We like to see our mountains. And we like for the 9 million visitors who come visit us every year to stay a long time and spend a lot of money. The Tennessee Republican talked tourism along with economic development and public health after Kentucky Republican Sen. Rand Paul sought to overturn an Environmental Protection Agency rule limiting wind-blown pollution from power plants. Air pollution blowing from one state into another makes our citizens sick, especially our younger Tennesseans and our older Tennesseans, Alexander said. For now, the Clean Air Act authorizes the EPA to limit how much each state can pollute within neighboring states. http://www.timesfreepress.com/news/2011/nov/10/alexander-defends-epa-power-plants-air-quality-rul/?local

Middle TN veterans face delays for care (TN, USA Today/Wilemon, Zoroya, Monies)
Veterans in Middle Tennessee have some of the longest wait times in the nation for a new patient mental health appointment, according to a USA TODAY analysis of Department of Veterans Affairs data. The analysis 6

determined that nearly a third of the nations VA hospitals had wait times longer than the agencys goal of seeing patients in 14 days or less. The findings are in contrast to the VAs assertion that fewer than 5 percent of patients must wait too long to begin therapy with psychiatrists or psychologists. The USA TODAY analysis follows concerns raised by scores of VA clinicians in an August survey that the VA does not have the resources to handle growing numbers of veterans with mental health problems. In Middle Tennessee, the average time for a new patient appointment was 25 days, which put the VA system here among the five with the longest average waits. Veterans who cant get through often call civilian nonprofit organizations such as the National Alliance on Mental Illness. http://www.tennessean.com/article/20111110/NEWS/311100032/Middle-Tennessee-veterans-face-delays-care? odyssey=tab|topnews|text|News

Voters Shy Away From Dramatic Overhauls (Wall Street Journal)


Ohio's repeal of a law restricting collective-bargaining rights is the latest sign that voters in battleground states have a limited appetite for dramatic efforts to reshape government. Tuesday's voting followed intense struggles over the last year in a number of key states that offer a view of the forces likely to shape the 2012 election. "What we may find in 2012 is a punishment of extremes," said Paul Beck, a political science professor at Ohio State University. Still, the outcomes allowed both political parties to declare victories against perceived overreach by incumbents. In Michigan, voters ousted a Republican state lawmaker targeted by the teachers union for supporting the Republican governor's education policies. In Arizona, the Republican author of a controversial immigration law was recalled, while in Mississippi, voters rejected a proposed "personhood" measure defining life as beginning at conception that was so sweeping it divided even antiabortion groups. Ohio voters also rebuffed a key component of President Barack Obama's health-care overhaul, a result that, while largely symbolic, could embolden political candidates planning to campaign on the issue in national elections next year. And Republicans were poised to take control of the Virginia state senate. http://online.wsj.com/article/SB10001424052970203537304577028404153933554.html?mod=ITP_pageone_1 (SUBSCRIPTION)

Kimberly-Clark looking to leave downtown Knoxville (News-Sentinel/Flory)


A major downtown employer apparently is looking for more suburban pastures. The Kimberly-Clark Corp., which owns an office building at the corner of Summit Hill Drive and Locust Street, said Wednesday it is evaluating relocation of those operations to another site in the Knoxville area, which would be "sized appropriately for our employee population." In the event of a relocation, the company said it would market the downtown office building for sale. The statement said it will be several months before the company makes a final decision, but in recent days officials have briefed the Knoxville Chamber and city of Knoxville officials about the possible departure. Mike Edwards, Knoxville Chamber president and CEO, said the company doesn't have control of its parking at the downtown site and prefers to lease space in a building where they are the only tenant. "I think they've decided they want a sole-tenant building, suburban, with surface parking provided," Edwards said. http://www.knoxnews.com/news/2011/nov/09/kimberly-clark-looking-to-leave-downtown/

Hemlock announces change in pace (W SMV-TV Nashville)


One of the biggest construction projects in the state has dramatically changed pace. Hemlock Semi-Conductor in Montgomery County says it's postponing three of its four phases of building. As a result, hundreds of workers have already lost their jobs. Hemlock representatives assured Channel 4 they will complete phase one and open the plant's doors on time. Technically, that's all that was promised to Clarksville and Montgomery County tax payers. Hemlock told Channel 4 that because of changes and volatility in the market, they will finish phase one, a $1.2 billion polysilicon manufacturing facility, but they're postponing their expansion phases two through four indefinitely. W hat does it mean for workers? According to the Clarksville Montgomery County Economic Development Council, most are safe - 2,500 will keep their jobs. "Our economic engine has certainly benefited from Hemlock Semiconductor," said Clarksville Mayor Kim McMillan. Three hundred to 400 contractors doing prep work for phases two and three just lost their jobs. http://www.wsmv.com/story/16002510/hemlock-announces-change-in-pace

Biodiesel fuel eyed for Putnam County school buses (Associated Press)
The Putnam County Board of Education plans to look into the use of biodiesel fuels for its school buses. According to the Cookeville Herald-Citizen, education officials are reviewing alternatives because of fluctuating 7

fuel costs and tight budgets (http://bit.ly/vfSoA3 ). County Commissioner David Gentry said it would be important for the county to join others in using biodiesel fuel. Officials said they may review Clarksville's experience in using biodiesel fuel in school buses there. http://content.usatoday.net/dist/custom/gci/InsidePage.aspx?cId=tennessean&sParam=37908763.story

Alabama: Largest Municipal Bankruptcy Filed (Wall Street Journal)


Jefferson County, Ala., which owes more than $3 billion on a failed sewer deal, filed Wednesday for what would be the largest municipal bankruptcy in U.S. history after a tentative rescue plan with creditors unraveled. The county, home to Alabama's biggest city, Birmingham, filed its Chapter 9 petition in U.S. Bankruptcy Court less than an hour after county commissioners voted 4-1 to do so. The document was signed by Commission President David Carrington. "After over three years of diligent efforts toward regaining financial stability, the county has exhausted its options, and additional delays in resolving its financial crisis will further harm the county's prospects for recovery and future economic development," the resolution stated. The petition stated that the county owed $3.136 billion in sewer debt, the result of soured bond financing. The bond dealings were also tainted by corruption, with several former county officials convicted of wrongdoing and sent to prison. "There were a number of illegal acts in Jefferson County," said Jeff Esser, executive director of Government Finance Officers Association, who added that Jefferson County's filing would not signal a wave of municipal bankruptcies. http://online.wsj.com/article/SB10001424052970204224604577028491526654090.html?mod=ITP_pageone_1 (SUBSCRIPTION)

OPINION Free-Press Edtiorial: Don't postpone teacher evaluations, accountability (TFP)


Tennessee lawmakers have enacted some needed education reforms, including a more rigorous system of evaluating teachers. Among other things, the new system calls for an expanded number of teacher evaluations, based in part on student test scores and other achievement measures and in part on more frequent classroom observations. Under the old rules, tenured teachers had to be evaluated only twice every 10 years. That was plainly inadequate and risked allowing mediocre or even poor teachers to remain in the classroom, to the detriment of students. So we applaud the recent defense of the more thorough evaluation system by Gov. Bill Haslam and state Education Commissioner Kevin Huffman. Both rejected calls by some critics to postpone the impact of the new evaluation system. Haslam pointed out that the assessment effort started only a couple of months ago, so it makes no sense to short-circuit it. "It takes a little bit of adjusting to get used to evaluations," he said. The reform-minded Huffman, a former teacher himself, acknowledged that the system may require "tweaks." But, he said, it "is better than what we had before. Why would we not be excited to use something that is better?" 8

http://www.timesfreepress.com/news/2011/nov/10/for-accountability-in-schools/?opinionfreepress

Editorial: State stumbled before allowing free assembly in Legislative Plaza (NS)
Once state officials came to their senses with the help of a federal judge and allowed Occupy Nashville to continue its presence in the Legislative Plaza, a curious thing occurred: The free exchange of ideas broke out. The face-to-face discussions held Nov. 3 when the Young Republicans of Vanderbilt University engaged in a counterprotest against Occupy Nashville advocates presented compelling evidence that the curfew and protesting restrictions imposed by the Haslam administration were illegal at worst and counterproductive at best. Occupy Nashville protesters had camped out in the Legislative Plaza, which is adjacent to the state Capitol, for weeks. Two weekends ago, Gov. Bill Haslam imposed a curfew on people gathered in the public square and required a $1 million insurance policy of any group that wanted to demonstrate there in the future. The Tennessee Highway Patrol began enforcing the curfew Oct. 25, taking 29 people into custody. They arrested another 26 people the next day. A reporter for the Nashville Scene was among those put in handcuffs. http://www.knoxnews.com/news/2011/nov/10/editorial-state-stumbled-before-allowing-free-in/

Editorial: Sunshine law shouldn't be weakened by bad proposal (DNJ)


Public. Private. We often associate the first word with "government," the second with "business." But when it comes to "government business," the first word should always apply. That's why a proposal by the president of the Tennessee County Commissioners Association to weaken the state's 37-year-old sunshine law must be stopped in its tracks. Williamson County Commissioner Bob Barnwell has cooked up a wrong-headed proposal under which any number of members of a county commission, school board, or city council up to a quorum could meet and discuss public business. Public notice would only be given if a quorum of the body was present. Bad idea. Horrible idea. The people's business should be public, with few very specific exceptions. Yet we continue to have elected officials those who've been granted the honor of representing the citizenry searching for ways around the sunshine law so that public business can be conducted in the shadows and behind closed doors. Conducting government business out in the open benefits not only the public but elected officials as well. Records are kept and maintained to hold everyone accountable. http://www.dnj.com/article/20111110/OPINION01/111100311/Editorial-Sunshine-law-shouldn-t-weakened-bybad-proposal

Joe Sullivan: Pioneering a State Health-Insurance Exchange (Metro Pulse)


Either a Republican victory in next years presidential election or an adverse U.S. Supreme Court decision could undermine implementation of the landmark federal health-care law thats due to take full effect in 2014. But given the long lead-times needed to put in place everything thats required to make it work, officials cant afford to wait on these uncertain outcomes before pushing ahead with preparations. While most of the laws provisions for making health-care coverage more accessible and affordable will emanate from Washington, the brunt of the responsibility for delivering these benefits is vested in state exchanges that are the chosen instrument for connecting health insurers with consumers and determining the subsidies to which lower-income purchasers are entitled. Nowhere are the burdens of constructing such an exchange greater than in Nashville. Up to now the initial groundwork, including analysis of thousands of pages of proposed federal regulations, has been conducted by a two-person planning team headed by Brian Haile, who has been deputy director of the states own employee health insurance plan. Hes been guided by advisory committees comprised of actuaries, insurers, health-care providers, employers, and consumer advocates with funding from a $1 million federal grant. http://www.metropulse.com/news/2011/nov/09/pioneering-state-health-insurance-exchange/

Free-Press Editorial: Obamacare vs. free choice in medical care (Times FreePress)
Most people probably agree it is desirable to have medical insurance. Lack of insurance can have costly consequences. But should the federal government require anyone to buy government-approved medical insurance? Judging from countless opinion polls on unpopular ObamaCare, a great many Americans would say no. And the Constitution certainly says no. Will ObamaCare remain in effect? It's hard to tell. Federal court rulings -- including a recent split opinion by a panel of the U.S. Court of Appeals for the District of Columbia -have come down on both sides. The D.C. court stated that "The right to be free from federal regulation is not absolute and yields to the imperative that Congress be free to forge national solutions to national problems." Of course, we don't know many people who believe there is an "absolute" right to be free of federal regulation. Rather, the question is whether ObamaCare, which was passed solely by Democrats in Congress in 2010, is 9

constitutional. It isn't, and the divided court decisions mean it is likely to wind up before the U.S. Supreme Court. http://www.timesfreepress.com/news/2011/nov/10/medical-care-and-free-choice/?opinionfreepress

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