The Coleman Walker Show

Please listen to Representative Susan Lynn on the Coleman Walker Show on Friday, June 8, 2018, discussing her upcoming Primary Election and her opponent's rhetoric.

TN Ready House and Senate Bills

Please accept my unreserved apology for the inconvenience the TNReady test difficulties this week.

Clearly this is upsetting, and I want you to know that getting to the bottom of this is just as important to me as it is to you.

The House was in Session on Tuesday as the problems began.  We were shocked and angry to learn of the trouble as we broke for lunch at noon. 

The House spent the next three hours investigating what had occurred.  We called in the Department of Education and the TBI to learn what was going on.  We told the commissioner that we wanted her and Questar to appear before the House Education and Government Operations Committees jointly in the morning. We each called our school districts to gather facts. We then crafted legislation to do what we thought was best to immediately to help with the issue. 

We went back into Session at 3 pm, and soon took up and passed a bill to do the following;

•  No letter grade will be given to Tennessee schools for the 2017-18 school year;
• The TNReady test will not count towards teachers' evaluations for the 2017-18 school year;
• The TNReady test will not count towards students' final grades for the 2017-18 school year, and;
• The TNReady tests will be given on paper for the 2017-18 school year.

Today the Senate sent us their own bill which does the following;

• TNReady data shall not be used when assigning the letter grade to schools for the 2017-18 school year;
• LEA’s shall not base employment termination or compensation decisions on the 2017-18 TNReady assessment results.
• Local boards of education can choose to have the TNReady assessment data apply to students’ final grade in a range of between a range of 0% and 15% for the 2017-18 school year. 
• None of the 2017-18 TNReady assessment data will be used to determine that a school is a priority school for assignment to an achievement school district, except that if the data is favorable, a school can use the data to come off of the priority school list.

As you can see there are differences between the House and Senate bills.  These differences will be settled in talks over the weekend, and by Monday we will vote on a final bill. 

I prefer the House version.  I believe it is stronger than the Senate’s bill.  The Senate does not mention using paper tests, and in Wilson County we do not have any Priority schools so that portion would never affect us.  And per the Senate bill, the 2017-18 TNReady test can still count towards teachers’ evaluations they just cannot be used to terminate or determine compensation for a teacher.

I invite you to compare these two plans and to please write me back with your thoughts.

School Seat Belt Bill Near Passage

(NASHVILLE) — State Representative Susan Lynn (R-Mt. Juliet) continues to fight for additional funding that will improve school bus safety in districts across Tennessee.

In February, Representative Lynn met with Tennessee Governor Bill Haslam to discuss gaining his support of the bill to protect students who rely on the bus to travel to and from school.  As a result, the Governor announced that he has set aside $3 million in nonrecurring funds for grants in the amendment to his fiscal year 2018-2019 budget. These grants will help school districts address the extra costs associated with purchasing buses equipped with seat belts.

Additionally, Representative Lynn is sponsoring House Bill 395. It requires that any bus purchased on or after July 1, 2018, that is owned, operated, or leased by a public or private elementary or secondary school system to be used to transport students to and from schools or school-related events must be equipped with a restraint system. Additionally, these restraint systems must be approved by the National Transportation Safety Board (NTSB) for both the driver and all passengers.

Last year, Representative Lynn traveled to Indiana to research the pros and cons of restraint systems on school buses. She observed a side-impact crash involving a semi traveling 35 miles an hour and a school bus transporting crash test dummies. In this scenario, crash test dummies were both belted and unbelted. For those unbelted, the crash proved to be fatal. Those that were belted in remained safely restrained.

Representative Lynn has prioritized the safety and well-being of students who depend on school buses as part of their daily transportation.

“Every day, we count on our buses and drivers to get our children to school and back safely, and I am grateful that Governor Haslam has allocated additional funding as part of his budget amendment that will help us better protect our kids,” said Representative Lynn. “He will forever be remembered as the Governor who improved school bus safety, and I am honored to have worked with him in an effort to begin addressing this paramount issue.”

During the 2017 legislative session, Representative Lynn supported passage of House Bill 322. The measure requires all school districts, as well as charter schools to appoint a transportation supervisor to monitor and oversee student transportation. This supervisor must receive annual training developed from both the Tennessee Department of Education (TDOE) and the Tennessee Department of Safety (TDS) and must also implement a school transportation policy adopted by the local board of education.

Additionally, House Bill 322 requires all new bus drivers to complete a driver training program based on standards developed by the TDOE and the TDS prior to transporting any students. This bill also increases the minimum age for individuals seeking to obtain a school bus operator endorsement license from 21 to 25.

UPDATE

Those in opposition to safety restraints on public school buses have apparently started a whisper campaign to say that the bill died in committee and that Haslam is passing it anyway. 

The bill never died in committee.  Pasted below is a screenshot of the actions in the bill.  Not once was the bill ever killed in Committee.

The Restroom Bill of 2016

From the birth of our nation there has never been any need for a bill to legislate which restroom students shall use. I wrote and filed the restroom bill to ensure that students have privacy when using the restroom at their public school; biological girls will use the girls’ room and biological boys will use the boys’ room.  I wrote the bill  because Barak Obama’s restroom directive was in the works – a directive from the US Dept of Education to force school districts to allow any student who claimed to be transgender to use the restroom of their choice. 
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That is unacceptable to me and to most Tennesseans. My bill was designed to prevent the directive, which is not law but edict, from being applied in Tennessee schools. 

Note that my bill did not apply to private businesses like Target - but to public schools in Tennessee.  The bill filed last year was the language from my bill but it was not passed by the legislators.  

However, as a result of my bill, the ACLU found a plaintiff in Sumner County (a county I represented for eight years) and the ACLU served notice of their intent to sue if my bill passed. 
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To set the scene, at the time, socialists Bernie Sanders and Hillary Clinton were running for President on the Democrat ticket, and several Republican candidates, including Donald Trump, were running on the Republican ticket. And tragically, during the course of running my bill, Judge Antonin Scalia died putting the future of the Supreme Court in grave question. 

We legislators had no idea what kind of future our nation faced but we did know this; Nashville is not a friendly venue for the ACLU’s case. So if a lawsuit was filed we would lose the first round. Upon losing, by court order, every single school district in the state of Tennessee would be FORCED TO ALLOW students who call themselves transgender to use the restroom of their choosing. In fact, this order would stand until a final ruling by the Supreme Court.
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With the Presidency in question, with Judge Scalia’s death and the balance of the SCOTUS in question, with a threatened lawsuit putting every student in our state in jeopardy – I prayerfully, tearfully, frighteningly choose another route and MY GOD who urged me, stood with me. We would go on the offense and challenge the Obama administration because they have no right to make any edict and especially not the restroom directive. 
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It is true, few understood my decision. Politically it was stupid what politician would not pass such a bill in an election year? Certainly the best decision for me to make would have been to pass my bill and take all the glory for myself. However, I love the children of our state more than any seat so I chose the best course for the students – not the best course for me personally. 
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Perhaps you may recall, that I was faced with a similar choice in 2010 of whether to put others before myself – and I chose to put others first at that time too. 
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So in 2016, Tennessee went on the offense in a friendly court venue; when Texas filed suit against the Obama bathroom directive Tennessee joined the suit and WE WON. 
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On Sunday, August 21, 2016, a federal judge in Texas sided with Texas and 12 other states including Tennessee agreeing that the administration’s restroom directive policy usurps local control and threatens students’ safety and privacy.
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When the decision came down I made the follow statement; 
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“Tennessee delayed passage of my legislation so that we could become a party to this lawsuit, and I am delighted that Tennessee was successful with our case. I am also extremely pleased that this ruling proves that the strategy to delay passage of the restroom bill has clearly proven to be the right course of action for Tennessee.
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First, this ruling means that Tennessee schools can feel comfortable about ignoring the Obama Administration’s restroom directive - which as the Governor and Republicans said from the outset, does not have the force of law because it was not created according to law or administrative procedure.
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Second, the Justice stated that his ruling does not apply to disputes that are already in court, which includes the cases in North Carolina and Virginia. 
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However, because Tennessee never gave the opportunity for the ACLU to sue us this also means that the ruling perfectly applies to Tennessee because we have not been sued in court. This could have turned out very differently for Tennessee because had we passed my bill we know that we would have been sued in court by the ACLU and this ruling would not have applied to us – that would have been tragic.
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Third, as stated in the decision, the ruling also does not apply to schools that already accommodate transgender students’ choice of restrooms. Tennessee schools have always supported biological identity for restroom use. Any student who claims to be transgender is offered a private, safe and secure alternative so Tennessee students are safe.
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I think Tennessee played our hand very well. Now it is up to the voters to make the right choice in November because we know that a second Clinton Administration would aggressively pursue violating the privacy rights of biological boys and girls in our schools regardless of what the local school district decides is best for students.”
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Let me repeat these points; because we won the lawsuit in Texas, Tennessee schools could do what they have always done and that is have students who do not feel comfortable in the bathroom for their biological sex use a private restroom designated for them. 
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Had Tennessee been in a lawsuit, the Texas ruling destroying the Obama restroom directive WOULD NOT HAVE APPLIED TO TENNESSEE
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Had Tennessee already lost a lawsuit and a judge forced transgender bathrooms upon Tennessee, the Texas ruling destroying the Obama restroom directive WOULD NOT HAVE APPLIED TO TENNESSEE
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Praise God that Donald Trump won in November, 2016; after being sworn into office it only took him a few weeks to tear up the Obama Restroom directive – so it is no more. 
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If I am wrong and the Obama directive is not dead why didn’t any lawmaker in Tennessee file a restroom bill this year?
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I have protected every child in Tennessee including my six precious grandchildren. With Gods help WE DEFEATED THE OBAMA RESTROOM DIRECTIVE IN TENNESSEE! 
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Every day I pray for wisdom and trust my Lord and savior. He carries me every day. I am His servant and I listen to Him – not to you. 

The IMPROVE Act and SR 109

75% of respondents to my legislative survey support the IMPROVE Act; 7% are against and 19% are unsure.  Respondents are 100% Republican because I did not pay for the survey through my state account.  

The IMPROVE Act was the largest single tax cut in Tennessee History - $250+ million of the $500+ million surplus was returned to Tennesseans through tax cuts on food and other items, and $250+ million was transferred to the Highway fund through strategic rate adjustments.  

The SR 109 project that we broke ground on in early March, 2018 is due to the IMPROVE Act.  It was planned in two phases and each leg was to take nearly two years - but because of the IMPROVE Act the entire project will take just two years.  

Phase 1. From South of Dry Fork Creek to South of the Cumberland River @ $32 million.

Phase 2. From North of US-70 (SR24) to South of Dry Fork Creek @ $32 million.


Phase 1 was announced in the 2016-17 TDOT Transportation Improvement Plan but never built due to land acquisition issues.  

Phase 2 is an IMPROVE Act project.  It was passed into law last string, codified in law and named in the 2017-18 Transportation Improvement Plan;  

Bill (pp 49, item 957)     -     TCA Code     -    IMPROVE Act Docs.  


Phase 1 was put off in 2016 due to land purchase delays because TDOT must own all of the land before a project begins - they will not build into a bottle neck(s).  


The land issues were not cleared up until last November 2017.  But once cleared up - due to the IMPROVE Act TDOT had the money to compete both Phase 1 and Phase 2.  The entire Project will be complete in just two years.  


I held 11 Town Hall meetings on the IMPROVE Act.  Over whelmingly, once voters heard the information they told me they supported the plan.  I have an opponent who is claims that SR 109 is not an IMPROVE Act project.  However, as I just proved above by linking to the primary source documents - it certainly is an IMPROVE Act Project.  

MORE INFO ON THE DOCUMENTS

Language of the IMPROVE Act bill - scroll to page 49, item (957) it says; 

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For the very FIRST TIME EVER all of the road projects in the IMPROVE Act were codified into the Tennessee Code including all of Wilson County's IMPROVE Act the projects in Tenn. Code Ann. § 67-3-912 and you will see the following.  

In January, 2017, as part of the information provided to us on the IMPROVE Act, TDOT provided the legislators with a list of our counties many backlogged and new road projects.  [Click link]

As you can see, the two SR 109 projects are on the backlogged list it indicates that the only funding needed is the construction funding - that is why it says Construction next to each project.  The engineering and right of way were completed in previous years and so all that remained was the construction funding.

Note that most of our new projects need funding for the entire project.  Needed is funding for PE- preliminary engineering; ROW – right of way acquisition; CONST – construction.

In 2017, TDOT also provided us the the plan for the IMPROVE Act to build all of these project with in the next twelve years. The Improve Act readjusted Tennessee’s tax rates in order to move half of the annual budget surplus from the General Fund to the Highway Fund; ensuring funding into the future for $10.5 billion in backlogged road projects to be built over the next 10 years; and used the other half of the surplus to cut taxes for Tennesseans.  

The Improve Act lowered General Fund tax rates by $500+ million (food tax, income tax, business tax, and low income senior and veterans property taxes), and the Highway Fund fuel and electric car tax rates were raised by $250 million.  Assuring a net tax cut for Tennesseans of $250 million and also assuring that tourists, travelers through our state and truckers contribute more to Tennessee's roads while they are here. 

  

Due to the IMPROVE Act both legs of the SR 109 project are now funded and the entire project will be finished in just two years rather than waiting for each leg to be constructed separately.  

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Phase 2 - the leg from North of US-70 (SR24) to South of Dry Fork Creek @ $32 million, was announced in the 2017-18 transportation plan (see pic). Entire 2017-18 TDOT Project List

And, Phase 1, from South of Dry Fork Creek to South of the Cumberland River @ $32 million was carried forward and reauthorized in by 2017-2018 budget.  Click here to see the  project on the never completed SR 109 project on the 2016 project list;  2016-17 TDOT Project List.

The IMPROVE Act made it possible to complete ALL of SR 109 in just two years.  The 2017-18 budget included enough money for the entirety of SR 109.

ENDING REMARKS

I work hard to maintain a very good relationship with TDOT and they reward us with millions of dollars worth of road projects.  TDOT has announced that SR 109 is an IMPROVE Act project.  I do not know why anyone would poke TDOT in the eye by saying that they are lying about SR 109.  


If you know me, you know that I am a very exact person.  I am a financial analyst for one of the largest accounting firms in the world. 

Perhaps because as a child my father strongly cautioned me “Young lady, if you are going say anything, you had better know you are are correct before you say it.”  His words are deeply ingrained in me.  As a state legislator, I work hard to understand the facts, and I keep important papers so that I can verify information in the future. 

I hope that political foes realize how easy their rhetoric is to disprove. 

2018 Legislative Surey Preliminary Results

View early results of the 2018 Legislative Survey at this link -

Press Releases

Keep up with Representative Lynn's official press releases at this link;
http://www.tnhousegop.org/newsroom/57/ 

Beware of Gifts

I don’t enjoy the high price of popcorn when I go to the movie theater; no one can convince me that it costs very much to pop a bucket of popcorn.  However, it is clear that there are high operating expenses for the grand movie theaters around today, and by selling overpriced popcorn, theaters are able to provide a great surround sound experience, very comfortable seating and a choice of up to 14 different movies to attend. 

Let's face it - bills fail every day at the General Assembly and most just professionally take it in stride. 

The failure of a gift card bill made the news this week.  The sponsor wanted to do away with the dormancy fee charged by the cards in favor of a fee charged to every consumer who uses the card.  

Good idea or not; the business model of these cards is to use the lost/unused cards to cover the operating overhead for transactions made with the active cards.    

The legislator explained that he had been given a gift card and never used it - the dormancy fee angered him so he filed a bill - I totally validate his feelings. 

The bill isn't about the restaurant and store gift cards that are limited to a single business. Those don't have dormancy fees.  In their business model, the stores absorb the cards' operating expenses because they figure that by buying the card, they are guaranteed purchases at their store, and oftentimes purchases will total more than the value of the gift card. 

The bill is about the gift cards that look like a bank credit card; the ones that can be used anywhere that accept charge cards.  Under the business model for these credit card lookalikes, the operator recoups the operational overhead for transactions made with the card through fees charged to the lost/unused cards that will likely never be redeemed, and not from consumers' individual purchases made with the cards.  These cards are already highly regulated under federal law, and per federal law, a card is considered lost/unused, if it is unused for a year. On the back of the card, it very clearly informs card purchasers and owners about the $2 fee. 

Further, if you use the card after the dormancy fee begins to be charged, not only does the one-year clock reset and the fees stop but upon request, most banks will refund any dormancy fees charged within the current year.  Obviously however, to avoid the fee, simply use the gift card. 

These cards have unique features;

1. They look like a credit card.
2. They are a good option for anyone who doesn't have a credit card but needs to make purchases with a credit card. 
3. The cards have an option to be registered with the bank in your name so that if lost, the card can be canceled and you can get the remaining balance refunded to you. 
1. In that way too, you or anyone else can prove your payment or proof of purchase.
4. However if unregistered, the transactions are untraceable to you...[insert mischief here :-(]   
5. The card can be "refilled" with funds so that more purchases can be made - helpful for college students away from home. 
6. The card can be used anywhere that takes credit cards and no per purchase fee is charged.
7. Again, on the back of the card it states in large letters that if you do not use the card in a year (for some cards two years} the card will be charged a two dollar per month dormancy fee. 

While these cards make a convenient gift, and help those without access to credit, they also have a nefarious side.  Because unless you register the card, the transactions are untraceable which leads some to buy the card purely for the ability to make untraceable purchases that require a credit card. 

Still others use the cards as a form of currency.  They buy the card and trade with it, often for drugs.  Police know that cards like this are traded again, and again, and again.  I bet criminals don’t like to learn that a dormant card is now $2, $10 or $20 less than was presented to them when the “deal” was made to trade for the card. 

However, as I stated, the business plan calls for the operational costs of the card to come out of the dormant funds of the lost/unused cards – not out of the cards that people use right away as most people do.

In economics we are taught that there is no free lunch.  If you go to the jazzed-up movie theater with all of the whistles and bells, you will pay a higher price for tickets and popcorn.  If you purchase a gift card and give it as a gift, your recipient can use it like cash at anyplace that takes a credit card with no additional charges to them.  The cost of operations is taken out of the lost/unused cards, not from the people who used them as intended.  It would be a different matter if the fee wasn't fully disclosed on the back of the card and packaging - that would be theft. 

We have too many legislators today who try to use the strong arm of government to run the economy, legislate every product to their own personal liking, and rewrite business plans for movie theaters and everyone else. 

In Tennessee, we have been about getting government out of the way not dictating how to price a product or to operate a business.   We have made tremendous government policy changes in Tennessee to get government out of the way.  We have lowered taxes by $800 million dollars and deleted regulations.  Today, Tennesseans pay less in taxes than they did seven years ago.   

When I go to the movies or buy a gift card, I simply try to make the best consumer choice for me; I generally buy the popcorn and give the store gift cards.  Legislators should not use the power of government to dictate or do away with our own pet peeves just because we might be able to get away with it.   

We regulate monopolistic utilities because consumers are captive customers. We ensure restaurants are clean because too often they proved an extreme danger and people have became sick and even died.  

When we regulate business, it is always with a mind to prevent, deter or punish genuine fraud, or to prevent, deter or punish harm done to one's body or to one's life as a result of the product or offering. 

Don't misunderstand, I am not defending this or any other product.  I have simply articulated the business model for the product in question. 

We won't like every business model - but it is the business' business model - it is not the state's business model - and we don't dictate business models.  If a business is not a monopoly, not committing fraud, if a product is not harmful to life or safety, legislators do not have the right to use legislative force - our founding fathers called that tyranny.

Like it or not, as lawmakers, we may agree with the spirit of a bill - there are a lot of things I don't like but to prevent tyranny at every level we must acknowledge that we don't simply have the right to target every personal pet peeve we have.  There must be proven fraud, or physical harm.  Emotion cannot reign, we must have data and facts to prove a case for regulation. 

2018 Legislative Survey