(NASHVILLE, TN), April 18, 2011 – The State Senate voted 24 to 8 today to give Tennesseans the opportunity to restore their voice in determining what state law should be regarding abortions.  The supermajority is two more votes than needed by the Senate to put the constitutional resolution on the ballot.  The measure, Senate Joint Resolution 127 sponsored by Senator Mae Beavers (R-Mt. Juliet), addresses a State Supreme Court decision in 2000 that struck down provisions in Tennessee law calling for women to receive “informed consent” information about the surgery and to wait 48 hours before they receive an abortion.

The court also ruled against a state requirement that all abortions after the first trimester be performed in a hospital. That ruling made Tennessee more liberal than the U.S. Supreme Court required in Roe v. Wade and made the right to abortion a “fundamental right” in Tennessee.

“This resolution was a long time coming,” said Senator Beavers.  “I am very pleased it has finally passed.  It will enable Tennessee to begin the process to restore the right of the people to decide through their elected legislature regarding what Tennessee law should be regarding abortions within the bounds of federal court decisions.  The only way to restore the people’s voice is to change the Constitution and give the legislature authority to write commonsense laws.”

The resolution would allow citizens to amend Tennessee’s Constitution to say that the right to an abortion is only protected under the U.S. Constitution as interpreted by the U.S. Supreme Court.  It would give the people the right, through their elected state representatives and senators, to enact, amend, or repeal statutes regarding abortion, including circumstances of pregnancy resulting from rape, incest or life of the mother.  Beavers said the practical effect of the resolution would be to bring Tennessee back into a position of neutrality so the people’s elected representatives can decide within the bounds of federal decisions what protections can be put into place.

If approved by a super majority in the House of Representatives, citizens could expect to see the resolution on the ballot in November 2014.

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(NASHVILLE, TN), April 13, 2011 – The Tennessee Senate Judiciary Committee has approved major legislation to stiffen penalties for making methamphetamines in the presence of a child and to implement a statewide electronic tracking system to curb meth production in the state.  The system, called NPLEx (National Precursor Log Exchange), would monitor and block illegal purchases of over-the-counter cold and allergy medicines containing pseudoephedrine (PSE), a key ingredient in methamphetamine production.

The legislation is sponsored by Senate Judiciary Chairman Mae Beavers (R-Mt.Juliet).  Beavers and sponsors of other legislation to curb meth production have been working for the past two months to find a way to address Tennessee’s growing methamphetamine problem, without requiring citizens to obtain a prescription in order to get the over-the-counter medicines which are used as precursors for the illegal drug.

“We have worked very hard to come up with a plan to address the illegal use of over-the-counter pseudoephedrine products to make meth, without infringing on the ability of law-abiding citizens to purchase these cold medications legitimately,” said Senator Beavers.  “This bill will give us the real time tracking needed to stop an illegal transaction and provides pharmacists the right to decline the sale if it is deemed not to be for a legitimate medical purpose.  The proposal also prescribes tougher penalties against meth cookers who endanger children and those who go from store to store to buy pseudoephederine products.”

There is currently no mechanism in place in Tennessee to block illegal PSE sales in real time, as many pharmacies and retailers rely on handwritten, paper logbooks to track purchases. As a result, criminals have learned to circumvent the current system.

Senate Bill 1265 requires that as of January 1, 2012, all pharmacies must use NPLEx, which would export the data to law enforcement.   The NPLEx system will be at no cost to pharmacies or the state.  The proposal calls for a pharmacist or pharmacy intern to counsel the potential purchaser of a product containing pseudoephedrine before the transaction takes place and may decline the sale if it is deemed not to be for a legitimate medical purpose.

The bill also sets amounts of pseudoephedrine that can be purchased.  A buyer cannot purchase more than 3.6 grams of a pseudoephedrine product per day, or more than 9 grams per 30-day period unless they have a valid prescription or face a Class A misdemeanor penalty.  Doctor or pharmacy shopping to obtain more than that limit, often referred to as “smurfing,” would become a Class A misdemeanor subject to a fine of $1,000 for the first offense and $2,000 for second and subsequent offenses.  The bill also changes the amount of pseudoephedrine in a person’s possession necessary to establish intent to manufacture meth from 20 grams to 15 grams.  Fines assessed under the proposal will be used for cleanup of meth labs.

In addition, the bill calls for the Comptroller to conduct a thorough study of meth and the availability of pseudoephedrine as a factor in the manufacture of meth, with the results of the study to be released no later than January 1, 2013.

“E-tracking will give local law enforcement officials a powerful investigative tool to track meth production,” said Beavers.  “Meth has destroyed many lives in Tennessee.  I am pleased this bill is proceeding through the legislature and believe it will help fight the terrible problem we face with this illegal drug in our state.”

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By state Sen. Mae Beavers

Published in the Tennessean on March 23, 2011

It is hard to believe that it has been an entire year since the passage into law of the 1,000-page bill that has come to be known as “Obamacare.”

It also seems that it was only during the 365 days after its passage that substantive and adequate debate about the bill occurred.

Since its passage, more than 40 state legislatures have proposed legislation to limit or directly challenge the federal law, realizing that it not only grossly overstepped Congress’ authority but that the bill would have devastating effects on state budgets, as well as the overall quality of American health care.

After forcing the mammoth bill through Congress without adequate time for legislators to read it, President Barack Obama was confronted by the American people last November. Conservatives were elected to lead not only the U.S. House but the Tennessee legislature and the governorship. At a time when we were concerned with balancing the budget, stimulating the economy and increasing jobs, the fact that our state would face $1.5 billion in increased costs and mandates over the next few years (coupled with increased costs to small business) was simply unacceptable.

Other states not only joined Tennessee in questioning the financial and medical consequences of “Obamacare,” but also in questioning the constitutionality of requiring a person to buy a product from the government or a company simply for being a citizen of this country.

The federal health insurance mandate stretches the Commerce Clause of the Constitution by granting the federal government power to regulate the doing of nothing; that is, not buying health insurance.

Twenty-six state attorneys general have joined a lawsuit challenging the law, and two federal district courts have deemed all or part of “Obamacare” unconstitutional.

Tennessee marked the anniversary of “Obamacare” when Gov. Bill Haslam signed the Tennessee Health Care Freedom Act last Friday. The act states that it is the public policy of this state that government cannot force a person to purchase a particular product, and that our constitutional freedom of choice and our access to quality health care would be protected.

In other words, when the U.S. Supreme Court eventually addresses the constitutionality of “Obamacare,” Tennessee will be on the side of over half of the states in the Union and a majority of U.S. citizens.

(NASHVILLE, TN), February 25, 2011 – Local State Senator Mae Beavers and State Representative Terri Lynn Weaver announced today that they have been informed by the Department of Transportation (TDOT) that the Cordell Hull Bridge is eligible for rehabilitation with Surface Transportation Program funds.  Tennessee’s Chief Transportation Engineer Paul Degges informed the lawmakers of the progress on the bridge saying he anticipates the project will be ready for the construction phase by July.

The Cordell Hull Bridge, which is located on Old State Route 25 over the Cumberland River in Smith County, was deemed by the Department of Transportation’s Structures Division as deficient.  Since that time, the lawmakers have been working with the Department of Transportation to secure needed repairs to rehabilitate the bridge.

“This is a project that Rep. Weaver and I have been working on for some time now,” said Senator Beavers.  ”I am very pleased we are now seeing progress.  I have talked with new administration officials who realize the importance of this bridge to our citizens.  I look forward to seeing the next phase of this project as we see the construction phase begin this summer.”

The construction plans are essentially finished and the department is in the process of finalizing the environmental document in preparation for the acquisition of a 25 foot construction easement on either side of the bridge.  TDOT is also finalizing the environmental permits necessary for the construction project.

The project is included in TDOT’s proposed budget for fiscal year 2011-12 pending approval by the General Assembly.  TDOT anticipates a 24 to 30-month construction window before completion.  In addition, the department has been working with federal officials to find a federal funding source to retire bond debt from the project.

“This is great news,” added Representative Weaver.  “Our citizens need this bridge to travel across the Cumberland.  It is a major connection point within Smith County.  We have been working on this project for quite some time.  It is very good to see that rehabilitation of this bridge is so close at hand.”

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(NASHVILLE, TN), February 25, 2011 – Local State lawmakers, Senator Mae Beavers and Representative Terri Lynn Weaver said today that progress is being made on the rehabilitation of the Hurricane Bridge on State Route 56 over the Caney Fork River in DeKalb County.  The project is currently under construction and traffic will be maintained on the bridge while work is being done.

“I am very pleased that this project is moving forward,” said Senator Beavers.  “This project has been a priority for Rep. Weaver and myself for a long time.”

Beavers said TDOT has notified her that there will be daytime lane closures while the contractor installs work platforms prior to beginning major structural work.  One land of traffic will be maintained at all times, with flaggers assisting with traffic control.  Estimated project completion date is October 2013.

“Our transportation system is critical to our local economy and jobs,” added Rep. Weaver.  “I am very pleased that we are now moving in the right direction on this project to make the needed repairs on this bridge and look forward to seeing more projects for this county in the future.”

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Declaring New Healthcare Law Unconstitutional

(NASHVILLE, TN), January 31, 2011 – Senate Judiciary Committee Chairman Mae Beavers (R-Mt. Juliet) today applauded Florida Federal District Court Judge Roger Vinson’s ruling that it was unconstitutional for Congress to enact a health care law that requires Americans to obtain commercial insurance.  Beavers is sponsor of the “Tennessee Health Freedom Act” to protect a citizen’s right to participate, or not participate, in any healthcare system, and that would prohibit the federal government from imposing fines or penalties on that person’s decision.

“Judge Vinson has appropriately followed the U.S. Constitution and ruled the federal healthcare plan as unconstitutional,” said Senator Beavers.  “He very accurately pointed out in his ruling that ‘Congress had exceeded the bounds of its authority in passing the Act.’  It is time Tennessee join other states in their efforts to fight this major overstep of constitutional authority.  I will begin a push for passage of legislation to accomplish this upon the General Assembly’s return to Nashville next week.”

In his ruling, Judge Vinson said, “it would be a radical departure from existing case law to hold that Congress can regulate inactivity under the Commerce Clause.  If Congress has such power,” he continued, “it is not hyperbolizing to suggest that Congress could do almost anything it wanted.”

The Florida suit was filed by governors and attorneys general from 26 states.  In December, Federal Court Judge Henry Hudson in Richmond, Virginia also ruled the health care law was not valid.  The law will remain in place, under both court rulings, pending appeals.

Beavers has also sponsored legislation this year calling for Tennessee to join an interstate compact with the express purpose of returning the responsibility and authority for regulating health care to the states.   The Health Care Compact provides a legal framework in which states can create their own healthcare systems.

“We cannot allow Congress to trample on states’ rights and the personal liberties guaranteed by our federal Constitution,” added Beavers.  “We must push back on this unprecedented abuse of power or there will be no limits on federal authority in the future.”

The decision by Vinson will now head to the 11^th Circuit Court of Appeals in Atlanta, Georgia, while the Richmond, Virginia case is set for oral arguments in the 4^th Circuit Court of Appeals in May.

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State of Tennessee

Senator Beavers Calls for Elected State Attorney General