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An Independence Day Message From State Senator Doug Overbey

July 2nd, 2010

July 4, 2010

Dear Friends,

More than two hundred years ago, an assembly of brave and determined Americans met to announce to the world the birth of a new nation – a nation born of ideals rather than of coercion, where the power to govern rested with the consent of the people.

Adams, Franklin, and Jefferson — starting with just a few words etched on simple parchment, these bold colonists set in motion a radical experiment in democracy and free enterprise. In time, that experiment would be known to people all over the world by many different names — the Land of the Free, the Home of the Brave, the Arsenal of Democracy, the Shining City on a Hill, and the World’s Last Best Hope.

As modern Americans, who have enjoyed these blessings for so long, it is easy for us to forget just how groundbreaking this experiment really was. Not surprising, the Declaration of Independence signed by those visionaries caused panic in the capitals of Europe. It struck fear in the courts of monarchs and despots, most of who believed that government and tyranny were one in the same.

But the Declaration of Independence also inspired enlightened men everywhere — statesmen, scientists, philosophers, and theologians — to abandon old ways of power and privilege and embrace new ideals of freedom and justice. Slowly, they began to remake the world on principles that the Founders believed were self-evident.

And the world has never been the same.

Today, amid the spectacular fireworks and quiet backyard barbecues, we reflect on the precious endowment given to our nation — and to our world — by the Founders. And we pause to remember the tremendous effort and sacrifice rendered by millions of Americans – including those who still fight for freedom in Afghanistan and Iraq — who have preserved that endowment for generations yet to come.

The volunteer spirit is alive and well, and I’m proud of the many brave Tennesseans, who, like their ancestors before them, loved their country enough to defend it. They, like their forbearers, are literally changing our world.  Our prayers continue to go out for their safe return.

May God protect and defend our troops. And, may God bless America.

Sincerely,

Doug Overbey
State Senator

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Capitol Update – June 10, 2010

June 14th, 2010

Legislature Adjourns 2010 Legislative Session

The 106th General Assembly adjourned to become a part of Tennessee history in the early morning hours of June 10. Although the state’s budget and education reforms adopted during the Special Session highlighted this year’s action, the 2010 legislative session will also be remembered for passage of several other important measures. These include money-saving legislation overhauling the way the state contracts for goods and services, a new law to curb drunk driving by increasing the use of interlock devices, job creation initiatives, the enhanced hospital assessment, and several measures aimed to counter violent crime and child sex offenders.

The budget was the overriding issue during the regular 2010 session. The budget approved by the legislature decreases spending, does not raise taxes and focuses on maintaining essential services.

The General Assembly gave approval to measures aimed at cracking down on sex offenders and implementing the next phase of the "crooks with guns" legislation to attack violent crime. In addition, the General Assembly passed legislation addressing the concerns of small businesses regarding a new workers’ compensation law. The new law is an effort to find common ground to address gaps in coverage for workers in the various construction fields without harming small business owners by providing a mechanism for exemption.

The 2010 legislative year was highlighted by the passage of the education reforms in January. The first week of the two-week session on education focused on improving K-12 education and putting Tennessee in position to be a leader in the Race to the Top competition, which helped the state win approximately $500 million in federal funds. The second week saw the legislature turn its attention to the goal of how to get more Tennesseans to pursue a post-secondary education that fits their academic and workplace needs. It also included a focus on measures to help ensure that students are successful in completing their college degrees or post-secondary academic programs.

General Assembly approves legislation
regarding prisoners in the U.S. illegally

In the last week of action on Capitol Hill, the Senate and House approved a conference committee report and sent to the governor legislation calling for Tennessee jails to send information to the federal Immigration and Customs Enforcement office (ICE) regarding prisoners who do not have documentation that they are in the U.S. legally. The legislation, Senate Bill 1141, requires the jail keeper to fax, email or send a copy of the booking information. The legislation attempts to assure that ICE and Homeland Security are informed regarding anyone who has been booked into Tennessee jails and is in the U.S. illegally.

Lawmakers worked out differences in the bill in a conference committee during the last two days of the session. The legislation calls for statewide standards to be developed by the POST (Police Officers Standard Training) Commission). This provision helps to ensure that Tennessee will not be open to lawsuits that have been problematic in other localities with similar laws. The bill does not apply to any county or municipality that enters into a memorandum of understanding with the United States Department of Homeland Security or ICE concerning enforcement of federal immigration laws, which has more stringent standards.

Two bills to protect children advance in final legislative hours

Two bills designed to protect children from sex offenders were approved in the final hours of the 2010 legislative session, including one measure to set up a Tennessee Second Look Commission to review cases and procedures related to child sexual abuse. The Commission would review cases from the initial report of alleged abuse through to a finding or criminal conviction of abuse. The bill is an important first step in understanding how the system fails endangered kids.

The Commission will review cases and procedures related to severe child sexual abuse to determine if they were handled in a manner that provides adequate protection to the children. Only two percent of the 750,000 pedophiles identified by computer in the United States have been investigated according to expert testimony provided to the legislature last year. The Commission would be administratively attached to the Tennessee Commission on Children and Youth. The legislation, Senate Bill 2701, now goes to the governor and would be effective upon his signature.

The second bill approved by the full legislature before adjournment prohibits any sexual or violent sexual offender who is required to be on the Sexual Offender Registry from establishing a primary or secondary residence with two or more other such offenders. Similarly, no person, corporation or other entity may knowingly permit more than three such sexual or violent sexual offenders to establish a residence in any house, apartment or other residence. The legislation, Senate Bill 3290, comes after a residence of multiple child sex offenders was established in Nashville. Parents of children in the neighborhood expressed great concern that such a residence could be located in a family-oriented community.

Senate approves Health Freedom Act for second time

The Tennessee Senate approved legislation this week that sponsors say will protect the freedom of Tennessee patients to make their own health care choices, regardless of federal action taken in Washington. The action marked the second time the Senate overwhelmingly approved the measure. The Tennessee Health Freedom Act, Senate Bill 3498, was originally approved in the State Senate on February 18 by a vote of 26 to 1. That bill was killed in a House Subcommittee last week.

The content of that legislation, however, was attached as an amendment to another bill that was advancing through the House of Representatives. That legislation, Senate Bill 2560, was approved by both the House and Senate on the last legislative day in different forms. A conference committee made up of House and Senate members was appointed to work out the differences in the bill and come up with a solution acceptable to both chambers.

The conference committee’s report did not seek to nullify federal law, as it would have still allowed individuals the option to participate in a federal program. However, it acknowledged the right of Tennesseans to refuse to participate in a government-run health insurance program. It also called on the state’s Attorney General to take action in the defense or prosecution of rights protected under the legislation. The conference committee’s report, however, failed by six votes in the House of Representatives along party lines.

In Brief…

Advocating for small business — State lawmakers approved and sent to the governor legislation this week to create a small business advocate within the Office of the Comptroller of the Treasury. The measure, Senate Bill 3484, calls for the advocate to mediate and assist with resolution of issues concerning small business owners and state departments and agencies. The bill also requires the small business advocate to prepare an annual report on their office’s activities, findings and recommendations for transmission to the governor, members of the General Assembly and the heads of the affected departments and agencies to make sure officials are notified about any problems or concerns.

Domestic Violence / Counseling — Legislation that would allow the court to order domestic abuse perpetrators to attend counseling programs was passed by the General Assembly this week. The legislation prescribes counseling programs judges can order, if they choose, including intervention programs that are certified by the Domestic Violence State Coordinating Council. The bill increases the maximum penalty for those convicted of the crime from $200 to $225, with the proceeds going to grants for domestic violence shelter programs. The measure, Senate Bill 2709, if signed by the governor will take effect on July 1, 2010.

Elections / Felons pay court costs — State lawmakers gave final approval to legislation requiring convicted felons to pay all court costs imposed before being eligible to have their voting rights restored. Currently, a person convicted of a felony must be pardoned, discharged from custody or supervision, and have paid all restitution to the victim of the offense to have his or her rights of suffrage restored. This legislation, Senate Bill 440, would add the payment of court costs as well.

Students in extracurricular activities / random drug tests — Legislation authorizing local schools to adopt a policy to use random drug testing on a student participating in voluntary extracurricular activities was approved. Parents or guardians of the students must be notified about the random drug tests and must give written consent before the student can participate. The results of the test shall remain confidential in the student’s records. If the child tests positive for illegal drugs, the school system may not suspend or expel the child. It, rather, requires the school provide information on inpatient, outpatient and community-based drug and alcohol programs to the child and his or her parents if the test is positive. The legislation, Senate Bill 2621, is designed to get these students the help they need to address drug use before it is too late.

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Senate passes major job creation bill

May 26th, 2010

Contact: Darlene Schlicher (615) 741-6336 or email: darlene.schlicher@capitol.tn.us

(NASHVILLE, TN), May 25, 2010 — The State Senate has approved a major job creation bill sponsored by State Senator Doug Overbey (R-Maryville) to expand the state’s TNInvestco tax credit program by $80 million. The innovative new program provides investment capital to small, medium and start up businesses in Tennessee and is considered a model job growth plan by other states.

“Small businesses provide 67 percent of first jobs and produce the majority of innovations,” said Senator Overbey, who also sponsored the bill which implemented the program. “However, access to capital is a huge obstacle to success. This legislation provides a vehicle for small and start up businesses to take an innovative idea and commercialize it, creating jobs for Tennesseans.”

In October, six investment firms were chosen to receive an allocation of $20 million dollars in gross premiums tax credits which are then marketed to insurance companies to create a pool of venture capital funds for investment in start-up and mid-stage companies in Tennessee. The legislation would allow the program to include four additional participants already selected as alternates. It also adds improvements to the bill to increase transparency and accountability in the program. Overbey said the improvements include a scorecard kept by the state to make sure that qualified TNInvestcos are following program guidelines and obligations to maximize investment potential.

Under the plan, investors receive a tax credit against insurance premiums taxes that spread over years three through ten of the program.  Even though the capital will be available for small businesses immediately, there are no tax credits for investors until 2012.  Capital returned to the state through the program must first go to the General Fund, with any remaining funds to be deposited in the Rural Opportunity Fund which helps economically distressed counties grow jobs. Other state programs are generally dollar for dollar subsidies.

“Innovation does not know geographical boundaries,” added Overbey. “What truly separates this program from those being used in other states is that it will pay for itself down the road and puts money into the Rural Opportunity Fund. That fund focuses on job growth in some of the most economically distressed areas of the state where unemployment is very high.”

“TNInvestco allows us to create jobs, provide capital for small and start up businesses and also helps us get our seed investment back,” Overbey continued. “I am very pleased the bill was approved in our State Senate.”

The bill is pending action in the House Finance Committee where it will be heard today. It will then go to the House floor for final action as the General Assembly is looking to conclude their business by next week.

###

Reference: Senate Bill 3049 / Other details on the program can be founds at www.tninvestco.gov

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Senate passes Overbey bill to help homeowners avoid foreclosure

April 21st, 2010

(NASHVILLE, TN), April 13, 2010 — The Senate has approved legislation sponsored by Senator Doug Overbey (R-Maryville) that would provide assistance to homeowners who are about to lose their home due to non-payment and gives them the opportunity to contact their lender in an effort to avoid foreclosure. The bill, Senate Bill 3519, works to find a resolution and to see if there are any governmental programs or other assistance available to homeowners to help them avoid a foreclosure sale

“This bill provides more opportunity for homeowners to work with their bank to try and find some resolution to avoid a foreclosure sale or to see if there are any governmental programs available that they can qualify for to avoid a foreclosure sale,” said Senator Overbey. “It is a timely bill given where we are in the current state of the economy and the high number of foreclosures.”

Tennessee ranked 26th in the nation in February according to Realty Trac Inc.’s U.S. Foreclosure Market Report. The state has consistently ranked among states with the highest number of foreclosures for the past decade.

Overbey’s legislation requires that a lender, trustee, or other creditor send the debtor a notice of the right to foreclose no less than 60 days prior to the first publication of a notice of a foreclosure sale of a deed of trust, mortgage, or other lien securing the payment on an owner-occupied residence. The notice must contain sufficient information to allow the debtor to contact the lender to discuss options available to the debtor. If the trustee determines at the time of the sale that notice of the right to foreclose was not sent to the debtor as required, the debtor may request postponement of the sale for 30 to 60 additional days to allow time needed to examine other possible resolutions.

“This is a time of great hardship for many Tennessee families who are having trouble making their mortgage payments,” added Overbey. “This legislation gives them an additional tool to help them save their home by working out a resolution with their lender.”

The bill now goes to Governor Phil Bredesen for his signature.

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Remarks of Senator Doug Overbey To the 1st Squadron of the 278th Armored Cavalry Division

December 14th, 2009

December 6, 2009

Thank you for the tremendous honor to be among you today. In front of us, we have freedom’s heroes. It’s because of men and women like these that we enjoy freedom in this country. Thank you for your service.

We are eight years removed from 9-11. As we get further from that fateful day, it is easier for some to forget the terror that occurred on that day.

Many say, we won’t forget but I wonder just how many of us may have thought today about the unannounced military strike against a US naval base in the Pacific Ocean that occurred 68 years ago. Let’s remember those who lost their lives at Pearl Harbor and let’s remember 9-11.
Continued acts of cowardice should serve to remind us that we remain under attack from an enemy who chooses to hide behind innocent victims, including those of their own nationality and beliefs. Thank God we have men and women willing to risk their lives to fight this evil. We appreciate your sacrifice.

And, thank you for representing us — and I mean our nation, our state, and our local hometowns — with honor. In this world of new technology, we have seen the many images of heroism of the finest men and women our nation has to offer from our armed services. Our soldiers continue to show the heart and soul of this country.

We have seen the compassion shown to a people who have knew nothing but tyranny and terror before Operation Enduring Freedom….Those people and their children — and the direction they will take in the future — will be forever changed for the better because of your service. You have extended a helping hand to a nation that would otherwise represent a threat to the peace and stability — and that, in turn, affects the safety and security of the world.

If not for soldiers like you – our patriotic Tennessee volunteers and ambassadors of freedom – the world would be a dark place. I join millions of your fellow Americans who believe that your service to our nation is nothing short of inspirational.

Today I am humbled and honored to present to Captain Wingo on behalf of Alpha Battery a Tennessee flag flown over our state capitol to go with you on this journey. May it wave proudly as it follows this unit to Iraq and serve to remind you of your Tennessee home and the people of this state who are so proud to call you native sons and daughters.

Thank you for representing our nation, our state, and our hometowns with honor. We are proud of you. But most of all we offer our prayers that we will have you back home safe.

God bless you and may God bless America!

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July 4th Message from State Senator Doug Overbey

July 2nd, 2009

Tennesseans on this Independence Day are just as much in the forefront of the struggle for freedom as their Revolutionary War ancestors

As families across the state gather on this Independence Day to observe the founding of our nation’s freedom with picnics, fireworks, parades and other special events, may we all remember those who have fought and are still fighting for the cause of freedom. We have much to be proud of in Tennessee regarding our state’s rich heritage in protecting and defending the precious rights we enjoy as Americans.

As we look back on our nation’s struggles in the American Revolution, even before Tennessee became a state, our ancestors had already begun bravely to answer the call of freedom. It started at Kings Mountain, which was one of the most decisive Patriot victories of the Revolutionary War. Tennessee rebels left their homes, marched hundreds of miles over mountainous terrain and were victorious over British troops, forcing them into a series of maneuvers that eventually led to the surrender at Yorktown.

This early example of heroics set the path for Tennesseans, whom time and time again would show that, when our homes and our liberties are threatened, our volunteers will go forth to meet the threat head-on. For that reason, Tennesseans went to war again, marching off to New Orleans in 1812 to crush another British threat to the South and making a Tennessee General, Andrew Jackson, the only national hero to emerge from that war.

When Tennessee was called upon for 2,800 soldiers in the next major U.S. confrontation with Mexico in 1848, an overwhelming 30,000 came forward, and hence forth, Tennessee has been known as the Volunteer State.

In 1861 Union was torn with the War Between the States. Tennesseans became leaders for both sides of the struggle. Our state became a major battle ground of the war that followed, and not one of Tennessee’s citizens was left untouched.

When a united America once again called upon Tennessee during the war with Spain in the late 1800’s, the the Volunteer state rose to the occasion, filling the ranks of service from Cuba to the Philippines.

As the 20th century dawned, Tennesseans responded to freedom’s call in the first and second World Wars. Likewise, many young Tennesseans fought bravely in the jungles of Vietnam. The men and women who fought in these wars, like those stationed overseas today, are not just American heroes, but heroes to many nations.

In fact, it was a Tennessee artillery battalion that was among the first to reach the Euphrates River in Iraq during the Gulf War and the first flag to be raised over liberated Kuwait City was the flag of Tennessee.

In the current conflict in Iraq, more than 12,000 brave citizen soldiers and airmen from the Volunteer State have answered the call to active duty. Tennessee is the model state in the nation for the number of citizen soldiers, truly living up to our “Volunteer” name.

I’m proud of our service men and women.  They are persons of character and conviction, and they are literally changing our world.  Our prayers continue to go out to them for their safe return.

Tennesseans serving in Afghanistan and Iraq today are just as much in the forefront of the struggle for freedom as their ancestors were at Kings Mountain, whose victory we celebrate on this Independence Day. As long as America is blessed with such heroes, the efforts of the Founding Fathers will not have been in vain, and the fruits of their labors will be preserved for future generations.

Best regards,

Doug Overbey
State Senator

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Senate passes Resolution urging TVA to finalize contract with Alcoa

June 11th, 2009

(NASHVILLE, TN), June 10, 2009 — Legislation sponsored by State Senator Doug Overbey (R-Maryville) was approved today in the State Senate urging the Tennessee Valley Authority (TVA) Board of Directors to enter into a long-term contract with Aluminum Company of America (Alcoa).  The resolution, SJR 622, was approved unanimously after all members of the State Senate signed on to co-sponsor the measure.

“I was very pleased at the overwhelming bi-partisan support of our State Senate on this Resolution,” said Senator Overbey.  “Approximately 500 jobs are dependent on restarting the smelter which, in turn, is dependent upon completing this contract.  This Resolution sends a message to Congress and the TVA that Tennessee believes it is critical to finalize this contract.”

Alcoa has been in operation in Blount County since 1913, nearly three decades before the TVA was established.   Currently its Tennessee Operations, which involve the manufacture of primary aluminum and aluminum can sheet, employs approximately 1,600 persons.  The company has an economic impact of more than $3 billion dollars annually in Blount County and East Tennessee.

In March, Alcoa announced a temporary curtailment of its Primary Metals facility and employee layoffs due to economic condition.  According to Alcoa officials, a key driver in their ability to restart the plant is whether or not they have a competitive long-term power contract with the Tennessee Valley Authority.  Alcoa and the Board of Directors of the Tennessee Valley Authority are currently in good faith negotiations regarding the contract.

“The smelter’s power cost is in the top 15 percent of all smelters in North America,” added Overbey.  “It is vital that TVA realize the economic impact Alcoa has on Blount County and all East Tennessee.”

The bill calls for the resolution to be delivered to TVA’s Board of Directors and each member of the Tennessee Congressional delegation.

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