About Me

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Business, Free Enterprise and Constitutional Issues; Pro-Life and Pro Second Amendment. Susan Lynn is a member of the Tennessee General Assembly. She serves as Chairman of the Consumer and Human Resources subcommittee, a member of the Finance Ways and Means Committee and the Ethics Committee. She holds a BS in economics and a minor in history.

Sunday, July 22, 2012

NRA Awards Lynn with "A" Rating.

The NRA Political Victory Fund has awarded Susan Lynn its highest possible rating for a non incumbent.  The rating of 'A' was reported to Lynn last Thursday in a letter, and is based on her answers to their candidate survey and her 100% pro-Second Amendment voting record during her four previous terms in the Tennessee General Assembly.

Lynn stated "This high ranking from the NRA PVF is something for which I am very proud - the voters can feel confident that I am a supporter and defender of their Second Amendment rights."



During Lynn's previous four terms in the House she earned a rating of A+; the '+' is an additional endorsement reserved only for incumbents.  NRA PVF assured that if Lynn "had been the incumbent at this time her record shows that she would have received the highest endorsement with the + added however at this time only incumbents can are awarded the additional +.

"Plus or no plus - an 'A' is their highest ranking for a non-incumbent and I am very grateful for this and for the NRA's A+ ratings for each of my four previous terms of service.  The indication of incumbency is not necessary; voters' can feel well assured that my long record in support of the Second Amendment is absolute proof of where I stand on their right to bear arms." Lynn concluded.



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Tennessean Endorses Susan Lynn in 57th District

Thank you to the Nashville Tennessean Editorial Board for your endorsement of my candidacy to return to the Tennessee General Assembly and represent the people of House District 57. 

"Susan Lynn was an excellent legislator during her four terms and would improve the debate in the House."


Thursday, July 19, 2012

Number 5 - Hits Homes

I was very careful never to vote for tax increases - I must be pretty squeaky clean if she has to dredge up Private Acts in order to convince you that I voted for taxes.    



Today Linda Elam sent out a mailer accusing me of “Allowing” tax increases.  Again – she severely misleads and again this is extremely disingenuous.

The items were not bills for statutes but they were Private Acts for local governments - each one starts with “subject to local approval”.  And enacted only if approved by the local government or the people at the ballot box.  

But Private Acts are not passed by the General Assembly but adopted.  The adoption simply records with the Secretary of State’s office that a local government or the people who live there are going to vote on the subject of the Act.

I hate to sound like I am schooling Ms. Elam but the General Assembly can only pass bills or statutes that apply statewide. 

Only a local government or the people of the government can vote to impose a local law on themselves.

Adopting a Private Act is not a political endorsement of the Act – most Acts are adopted unanimously. 

In the last General Assembly 80 requests for Private Acts were adopted for many different things such as changing a local government’s charter, the repeal something previously passed or to consider a local tax.

But it is the local government or the local people that get to decide on the issue; not the General Assembly and in truth, the General Assembly should not micro manage local governments.

No, state legislator should be blamed for imposing a local tax because he or she voted to adopt a Private Act - if the General Assembly routinely blocked Private Acts by rejecting adoption the General Assembly would have a highly charged and very political atmosphere - I guess sort of like the Mt. Juliet city commission under Ms. Elam's tenure.

The Acts are a formal process that a local government must go through.  Private Acts are not state statutes and are not enacted unless the local government votes for it by a super majority or the local people vote for it.  After the Private Act is voted upon by the local government or the people, proof of the vote is sent to the Secretary of State who either amends the local government’s charter with the change imposed by the Act or if rejected locally or never voted upon the Private Act expires.



The Wilson County $17.7 million dollars in taxes in the mailer refers to a Private Act proposed by the Wilson County Commission to defray the cost of growth in Wilson County by use of an adequate facilities tax; a tax on each new dwelling or commercial property built in the county.  

I remember the issue fairly well – while most people are generally opposed to new taxes many long time residents were for the proposal because they didn’t want to see their property taxes go up to pay for the rapid new growth in the county for the new roads, schools and law enforcement needs. 

The Act was carried by Senator Beavers and Rep Bone in the General Assembly and adopted unanimously by the House and Senate - the adoption was not a political endorsement of the proposal but the General Assembly was simply allowing the local government to decide its own affairs.  After a super majority vote by the Wilson County Commission passed the Act the vote was registered with the secretary of state and recorded  




Learn more: www.susanlynn.net/Mailers.html

Wednesday, July 18, 2012

Candid Truth on Traffic Cameras



I can't say I've never seen anything like this race because the state Senate race in 2010 rose to a whole new level but it is just so easy to disprove what she is saying that it is amazing that she'd even make the attempt.  



Ladies and Gentlemen my opponent and her friends are now saying that I voted for traffic cameras.  You know that I would not do that to you EVER.  

In fact, I voted against them several times through amendments to other bills because the House Transportation Committee bottled up the bill to ban them.

If this race was not so important their attacks could almost be funny – they are so terribly desperate. 

Please do not forget that it was Linda Elam who voted for the traffic cameras as Mayor of Mt. Juliet and the reason why we have them today.  Then in what many believe was a strictly politically expedient move to get rid of them it was learned she hadn’t read the contract; revealing that either the city is tied to the cameras long term or the citizens would suffer a loss of $700,000. 

They are citing two bills so I have posted them for you here:

HB0698/SB0666 is a bill to make it a non-moving violation if you get a ticket with a traffic camera - thus you won’t get points on your license and your insurance shouldn’t go up.  Prior to this bill passing it was a moving violation to get a ticket from a traffic camera – truly, most people appreciated the General Assembly passing this bill. 

HB1202/SB1502 (the amendments rewrite the bill) bans surveillance cameras on interstate highways.  The bill excludes SmartWays and work zones – cameras were already allowed in these areas for safety reasons – and they do not issue tickets.  SmartWays provide information to travelers about traffic congestion – You are probably familiar with them because the local news broadcasts the SmartWay cameras’ footage on the morning news so you can see the commute into the city.  Work Zone cameras are used by TDOT (not the department of safety) in a number of ways but for two single reasons safety and to alleviate congestion – the cameras ARE NOT used to issue tickets nor do they monitor a red light. (the link for work zones actually covers their use on SmartWays as well).


Just because these bills mention the word camera it doesn’t mean that they are FOR traffic cameras.  I have never voted for traffic cameras and I have voted against them through amendments a number of times.  

There is a quote that says it all about this race "the worst thing about being lied to is knowing you're not worth the truth to someone." unknown


For more information on my opponent’s other misdeeds please visit:

The Fight to Abolish Illegal Alien Driver's Licenses

Does Susan Lynn Live in the 57h District? Yes!

www.susanlynn.net

 

There is a quote that says it all about this race "the worst thing about being lied to is knowing you're not worth the truth to someone." unknown


Wednesday, July 11, 2012

State Budget | Elam Mailer | Bustin' the Cap!


I would like to thank Ms. Elam – because while trying to make a point in her mailer about the growth of the state budget while I was in office (her statement is that the state budget grew by $10 billion dollars) I can once again show that her statement is not only false but that she voted to break a very important constitutional provision which restricts the growth of the state budget.    

When I came into office the state budget was $9.8 billion– when I left eight years later it was $12.1 billion – hardly $10 billion. 



The amount of federal pass through dollars that Tennessee Received did grow considerably – they went from $7.4 billion to $12.9 billion – but these are mandated federal programs over which a state legislator has little to no control.


Now, please keep reading as I detail for you Ms. Elam's vote to overspend our state budget by $250,000,000 in just her first year in office.


States have a Constitutional mandate to balance their budgets including Tennessee – states cannot deficit spend.

An additional protection in Tennessee is a Constitutional provision called the Copeland Cap – named for Representative David Copeland who proposed it. 

The Cap restricts the rate of growth of the state budget to the rate of the state’s economic growth – also known as the rate of personal income growth. 

Therefore, constitutionally, the budget cannot grow faster than our collective household income or budget. 


Tennessee Constitution, Article 2, Section 24:
No public money shall be expended except pursuant to appropriations made by law. Expenditures for any fiscal year shall not exceed the state’s revenues and reserves, including the proceeds of any debt obligation, for that year. No debt obligation, except as shall be repaid within the fiscal year of issuance, shall be authorized for the current operation of any state service or program, nor shall the proceeds of any debt obligation be expended for a purpose other than that for which it was authorized. 

In no year shall the rate of growth of appropriations from state tax revenues exceed the estimated rate of growth of the state’s economy as determined by law. 

No appropriation in excess of this limitation shall be made unless the General Assembly shall, by law containing no other subject matter, set forth the dollar amount and the rate by which the limit will be exceeded.
 
Any law requiring the expenditure of state funds shall be null and void unless, during the session in which the act receives final passage, an appropriation is made for the estimated first year’s funding. No law of general application shall impose increased expenditure requirements on cities or counties unless the General Assembly shall provide that the state share in the cost. An accurate financial statement of the state’s fiscal condition shall be published annually.


I was in the General Assembly during years of firm Democrat Control (2002-2010).  I voted for four out of eight budgets.

The truth is the state budget largely grew so much due to federal funds and mandates – the federal spending that we all detest so much.  States administer many of those federal programs.  It did not grow because of anything I did.  That is why Ms. Elam doesn’t name one bill that I may have sponsored that could have produced $10 billion dollars of growth in the state budget. 

I voted for four out of eight budgets - they were were all balanced, responsible budgets that helped our district and sent your tax dollars back to us for things like the construction of Mount Juliet Road, the SR 109 widening, the road construction in the Providence area, building a new SR 109 bridge and the money to design and acquire the right of way for SR 109 N.   Those budgets also funded our local schools and state colleges, gave grants to police and fire for emergency equipment. 


The Copeland Cap that I told you about – unfortunately it can be broken – we called it “Busting the Cap”.  The state budget is prepared on estimates of tax revenues.  If at the end of the year, the revenue exceeds the estimates on which the budget was prepared the General Assembly can vote to spend that money anyway – exceeding the rate of growth of your income.  This happens routinely in the Legislature.  However, I always voted NO – not to bust the Copeland Cap; such unbalanced growth cannot be supported by the incomes of Tennesseans. 

However, my opponent, Ms. Elam in only her first year in the General Assembly voted Aye to “Bust the Cap” further burdening you.  The raid allowed excess spending of up to $250,000,000.

HB2136 - Authorizes the index of appropriations from state tax revenues for 2010-2011 fiscal year to exceed the index of estimated growth in the state's economy by $250 million or 2.15 percent.




Ladies and gentlemen – Ms. Elam is simply intellectually dishonest - she voted to break a constitutional provision and exceed spending by $250 million.  Her dismal record on ethics, her lack of responsiveness to you the voter and horrendous political antics should be enough - not just including what she is saying about me but what she did to you by her arrogant refusal to resign one of her offices when 87% of Mount Juliet voters decided that they did not want their elected officials to hold duel offices - and then using city funds to sue you the voters to stay in office is unjustifiable. 

Please watch a video of me and the State Treasurer - we were under Democrat control at this time and the Democrats typically tore us up for asking such questions.  I tried to prevent that attack by being reserved and professional - they let me fully ask my questions:




I refused to break the Copeland Cap each and each and every year I was in office.  Ms. Elam broke this cap in her very first year in office.


We need mature and professional people to serve in office - not politicians who try to deceive you to get your vote - isn't that the problem we have in Washington? 

Please recall that I served you ethically and honorably for eight years and again, I humbly ask for the honor of your vote in the Republican Primary on August 2.


Learn more: www.susanlynn.net/Mailers.html

Wednesday, July 04, 2012

Does Susan Lynn Live in the 57h District? Yes!


I live in the 57th House District and I will live in the 57th House District when the new district boundaries take effect on the night of the General Election, November 2, 2012.


REDISTRICTING

Every ten years the US Congressional, State Senate, State House, County Commission, City Commission and School District boundaries are redrawn.  

It's constitutional - the premises is, one man one vote - each district is to contain the same number of residents so that representation is proportional.  Therefore, every ten years, after the results of the US census are finalized, all of the above districts are redistributed according to population.  

The 2010 census results were finalized in 2011, and the elected officials from each of the above offices got to re-draw their district lines according to population and perhaps other considerations as well

So this past Session the Tennessee General Assembly, House and Senate, voted on their newly conceived district boundaries which will take effect with the General Election in November at midnight. 


WHERE DOES SUSAN LYNN LIVE?

I live in the 57th district - I've lived here since moving to south Mount Juliet in 1997, and I lived there the entire time I served in the House from 2002-2010.  

The 57th District map:


However, while my residence hasn’t recently changed, the new 57th District that will take effect in November will run behind my property leaving my home on the other side in the 46th district.  

Therefore, upon winning the Primary Election, my husband and I will establish residence within the upcoming legal boundaries before the General Election.


THE UPCOMING DISTRICT BOUNDARIES - WHY WON'T LYNN'S HOUSE BE LOCATED THERE?

The House members in the State Legislature were allowed to draw their own district boundaries.  According to Speaker Harwell's Chief of Staff and the former Republican Caucus Chairman it was Linda Elam that chose to draw me out of the upcoming new district boundaries

I have to admit, I've been pretty amazed by accusations that I do not live in the district.  

For one, I do currently live in the 57th District.

The new district boundaries do not take effect until midnight on General Election night, November 2, 2012.  No one can speak to my family's plans.


Secondly, I have always trusted the voters; I believe they can sense when someone is being disingenuous.

The next district boundaries are as follows: 



Side by side it is easier to see the difference.



 The map below depicts my house in relation to the new district. 




This northern part of the county is still fairly rural.  Taking a closer look, you can see that the line jumps up from Coles Ferry Pike, a logical and natural boundary, and captures our neighborhood and then heads back down to and along Coles Ferry before heading north again and encapsulating the next subdivision before returning to Coles Ferry Pike and continuing. 


It isn’t difficult to see that my home was placed just outside of the next 57th District by encircling our neighborhood with the vacant subdivision land by departing from Coles Ferry Pike.

Again, the boundary zig zags from S. Cairo Bend, along Coles Ferry, then turns left on N Cairo Bend and then heads right onto Rural road.  It follows the creek right behind my property back to Coles Ferry before continuing on Coles Ferry.   
 

Someone asked if this wasn't just following a natural boundary - I suppose he meant the water - no, it is not. I live on Barton's Creek which is a tributary off of Old Hickory Lake.  The entire span of Old Hickory Lake and Barton's creek is in the 57th District - in fact, if I could afford to do so, I could live anywhere on the lake or creek in the entire county because all of the waterway is in the district - except for exactly where I live - it is the only part of the waterway not within the new district boundaries.  


WE HAVE MOVED BEFORE TO BETTER SERVE THE DISTRICT

In late 2005, my family and I moved from the Gladeville area (Poplar Ridge subdivision) to just east of SR 109 in order that I could better serve the district.  As you can see by the first map above, part of the district is in Sumner County and Lebanon - there is just no easy way to get from where we lived in Gladeville (by the purple dot) to Sumner County.  Our new proximity to SR 109 and I 40 made travel between Hendersonville, Gallatin, Lebanon and Mount Juliet much easier.

Since I was first elected ten years ago our family has grown-up, our children are married and having children of their own.  My husband and I were thinking of moving to a smaller home anyway.   

We both look forward to the future and to me serving the people of the 57th District once more.

And with all of that said, I humbly ask for your vote in the Primary Election on August 2nd and let me add that if anyone would like to buy a lovely family home on Barton’s Creek…just give me a call :-)

Most sincerely,

Susan Lynn

To learn more about my conservative record while in the legislature go to www.susanlynn.us/record.html

www.susanlynn.net/Mailers.html

Monday, July 02, 2012

The Fight to Abolish Illegal Alien Driver's Licenses

Susan Lynn fought the hard fight for us in a Democrat controlled legislature and she was able to accomplish a great deal for us.

Like reversing the law to allow illegal aliens to obtain a Tennessee driver's license - this law is a tragic part of Tennessee's history. 
What follows is the legislative history of this long and difficult fight.   

In 2001, a year before Susan Lynn ran for the State House, the General Assembly passed HB983 - the Illegal alien driver’s license bill and it become law. The bill allowed someone without a social security number, namely an illegal alien, to get a Tennessee driver's license.   



102nd General Assembly - 2001 – 2002

(2001)

(2002)
  • Susan Lynn runs for office.  Elimination of the illegal alien driver's license bill is part of her platform as well as her vow to fight a state income tax.


103rd General Assembly - 2003 – 2004

(2003)
  • Rep. Lynn is sworn into office in January 2003.

  • Rep. Lynn co-sponsors HB1790, a bill to require a SSN to get a drivers license - this would ban illegal aliens from obtaining driver's licenses (be sure to click on Show Prime Co-Sponsor link to see co-sponsors). 
  • The Democrats, the majority party, will not allow the bill to move. 

(2004)
  • Lynn again co-sponsors HB1790, it requires SSN to get a driver's license - this would ban illegals from obtaining licenses.
  • The majority party does not allow the bill to move. 

  • HB3486 is drawn up by Governor Phil Bredesen under pressure from Republicans and the public but he waffles and creates the certificate of driving bill.  A bill to abolish the driver's license for illegal aliens but institute a certificate of driving.  The bill advances to the floor of the House.  Rep. Lynn and others engage the Democrats in a bitter, drawn-out floor fight in an attempt to pass eight (8) amendments to amend the bill to kill the driving certificate provision.  Three of the amendments are withdrawn by their Democrat sponsors.  Only Rep. Rowland's (R) amendments actually receive a floor vote but each is tabled by the majority party.  After more than two hours the final vote is at hand and only two choices remain; a no vote will allow illegal aliens to keep their driver's licenses.  An aye vote will take driver's licenses away from the illegals but unfortunately also issue them a certificate to drive.  Left with an imperfect choice the Republicans must vote aye in order to ensure that driver's licenses are finally taken away but vow to continue the fight in the next General Assembly.  The bill passes 96 to 3. - page 4055 - 4061 of the Journal.
  • The Senate passes HB3486 by a vote of 32-0. 

  • Public chapter 158 becomes law - it takes driver’s licenses away from illegals but creates the certificate of driving. 
  • Rep. Lynn speaks in the press about the vow to continue the fight to ensure that no illegal aliens are sanctioned by the state identification to drive. 


104th General Assembly - 2005-2006

(2005)
  • Lynn co-sponsors HB2903, a bill to abolish the certificate of driving.  The majority party will not allow the bill to move.

(2006)
  • Lynn co-sponsors HB2903, a bill to abolish the certificate of driving.  The majority party will not allow the bill to move.

  • A Mount Juliet couple is killed in Lakewood, TN by a drunk driving illegal alien.  Rep. Lynn attempts to reason with the administration about the need to pass HB2903 and completely eliminate the ability of illegal aliens to drive in Tennessee. 

105th General Assembly - 2007 – 2008

(2007)
  • Lynn co-sponsors HB366, a bill to abolish the certificate of driving.  The majority party will not allow the bill to move.

  • Public pressure mounts to abolish the certificate of driving.  Democrats decide it will be their party that will finally pass this measure.  Rep. Mike Turner files HB1827


  •  The Senate vote is ayes 25, nays 2.

After seven years the fight is finally over and illegal aliens can no longer legally drive in Tennessee.    


To read more about Susan Lynn's fight against illegal immigration in the Tennessee House visit her website - www.susanlynn.net.

Or: www.susanlynn.net/Mailers.html





 

Saturday, June 30, 2012

Statement on Tennessee RIght to Life Endorsements

Tennessee Right to Life called me on Monday to thank me for my eight year 100% positive Pro-life voting record and also to apologize and explain that it is their long standing policy to always endorse the incumbent.

Naturally I am very disappointed by this TRL by-law but I am very proud and grateful that I received their endorsement for my four consecutive terms in the Legislature where I worked closely with the Right to Life Director. I was the prime sponsor of their “Anti-Coercion Act” and to defund Planned Parenthood both of which we passed into law, and a co-sponsor of SJR 127.

You can be assured of my continued unwavering commitment to life.

I look forward to again working with Right to Life in the next general assembly, and to receiving their endorsement in the General Election.

Please visit www.susanlynn.net/record.html to see a list of my legislative accomplishments on behalf of pro-life and the conservative cause.

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Contact: Susan Lynn – 615-596-2363

Wednesday, September 21, 2011

Constitution shines brightly

Nashville Tennessean, September 14, 2011
By Susan Lynn
 
I believe the United States Constitution is indeed far mightier than any individual, any politician or any political party. But things are not looking good.

For instance, when the president of the United States refers to the Constitution as a “rigid idea” in a speech before a televised joint session of the U.S. Congress, a very poor example is set. When the mayor of America’s largest city states on live TV that the words “separation of church and state’’ are found in the U.S. Constitution, one surmises that he has probably never read the entire document.

When the Congress cedes law-making authority to unelected boards and commissions in the administrative branch they reveal a profound lack of understanding for their constitutional duties and authority.

When lawmakers feel entitled to take over 1/6 of the U.S. free market economy by means of a mammoth law, authority for which is nowhere found in the Constitution and whose corner stone is a mandate that imposes force and penalty on ordinary citizens who have committed no crime or wrong, the superciliousness is profound.

And when a federal court rejects a challenge to this law by the citizens of a state by concluding that “a state has no interest in the rights of its individual citizens sufficient to justify such an invasion of federal sovereignty’’ and this conclusion is reached even though that same court calls the law in question a “harsh regime’’ on taxpayers, one cannot help but recall the tyrannical list of grievances enumerated by our forefathers against King George of England.

All government is simply a voluntary association of individuals who unite for a purpose. The stated purpose of the United States government is to “secure’’ the enjoyment of our Absolute Rights, simply stated as “life, liberty and the pursuit of happiness’’ and to protect this compact of “Free and Independent States’’ by use of “full Power to levy War, conclude Peace, [and] contract Alliances.’’

The Constitution grants power to the elected representatives to make decisions for the few items expressly enumerated but it does not allow the majority arbitrary power to take away the liberties to which the people are entitled; they are withdrawn from the province of ordinary lawmaking.

As Charles Nordoff wrote in Politics for Young Americans “Laws should be few in number and simple in structure; they should rigidly avoid granting special privileges or immunities to individuals, but should be general in their application; and they ought never to interfere with the liberty of men to move about peaceably from place to place; to discuss freely public affairs and questions; to engage in whatever honest occupation pleases them; to produce whatever seems to them most suitable; and to exchange what they have produced where they please, and for what they most desire.’’

The United States Constitution is a bright shining example of freedom to the rest of the world, and it is strong enough to withstand hubris, ignorance and abdication of duty because the people, once awakened, will always respond to their duty which lies at the ballot box.

Susan Lynn served in the Tennessee General Assembly from 2002-2008. She was chairman of the Government Operations Committee in the House.

Thursday, September 08, 2011

President's Jobs Speech

President's speech was unbearably disappointing - we are going to be suffering under this recession for a very long time with no end in sight.

This is not a jobs act but a tax act. He says it is paid for but he told us he doesn't have a plan to pay for it.

His make work projects are meant to supply jobs for union workers and government employees - is that really a problem?  The problem is not that Americans can't get from their homes to work because there is no road to get there but that there is no job to go to.

Because people respond to incentives, his $4000 tax credit to hire a worker who has been unemployed for six months will, if employers decide that they can hire someone, ensure that anyone newly unemployed can expect to be unemployed for at least six months - they are off the job market.

His credit for raises will ensure that any manager in a position to dole out raises will give himself a raise but will he actually be able to afford to give one to others?

Employers are left to consider, can I really afford to hire someone because if I do and I get the $4000 tax credit and then because the economy is so unstable and I have to lay-off an employee I'm stuck with another person on my unemployment rolls for years, much more than the $4000 credit.

Worst of all, he shows that he is completely unwilling to do anything about the policies that are foiling our economy. For business, the uncertainty lies in the anticipated expense of Health Care Reform, the policies that are raising our energy prices, raising commodity prices, nonsensical regulations and expensive business taxes including unemployment.

Thursday, September 01, 2011

BIG ANNOUNCEMENT

BIG ANNOUNCEMENT TODAY 
on the Big Joe Show! 

Please listen today at 9am to 880am THE BIG MOUTH.

Wednesday, July 06, 2011

TRA: My Op Ed in Today's Tennessean

Regulator could be phased out

Tennesseans need an independent utility oversight entity

No one knows better than I that we have a lot of departments, boards and commissions in Tennessee; more than 270 — that’s a lot of deck chairs on the ship.

The legislature’s Government Operations Committee reviews every one of these agencies, including the Tennessee Regulatory Authority (TRA). Each year, Gov Ops decides to eliminate a few of these agencies because their duties prove no longer necessary, while other lawmakers legislatively act to create more.

To reduce size and cost of government, the Haslam administration is kicking around the idea of doing away with the TRA; perhaps dispersing its duties among other areas of government. The TRA is the agency that regulates monopolistic utilities in Tennessee, and despite some recent reform, regulating monopolies like gas, water, sewer, electric and telephone utilities is still absolutely necessary.

TRA is housed in the legislative branch to ensure independence. It decides economic matters, not environmental. It is funded by fees and taxes from the utilities it regulates. Ideas to create efficiency deserve consideration, because we do need to streamline and reduce the size of government. But simply doing away with TRA by dispersing duties among other agencies probably won’t reduce the size of government, just the overall number of agencies.
Elimination probably won’t produce savings, either, because no matter where TRA’s duties are eventually housed, the duties would still need to be performed.

There also is the question of dispersing staff. Utility economics and law are complex and specialized. Dispersal could produce staff that generalize rather than specialize.

Every state has a utility regulator, and TRA functions as a central place for consumers to go with their utility concerns — perhaps to the chagrin of the utilities but definitely to the empowerment of consumers. Monopolies receive the most restrictive form of government intervention, and housing these entities in a common area serves to isolate them from other businesses that do not need such a high degree of regulation.

TRA’s apparent embrace of green concepts in utility economics has been frustrating, but that is an ideological rather than structural problem. Structurally speaking, I’ve often wondered why the Utility Management Review Board and Water & Wastewater Financing Board are not housed under TRA rather than the comptroller.

We could do many things to streamline and reduce the size and cost of state government, as well as the number of regulations. Recession is a good time to re-examine all agencies and unpack the laws and rules that govern them, reconsidering each from the ground up, reviewing their constitutional purpose, the law, and regulations according to a specified series of very important considerations.

Some states have employed a decision matrix to help discover areas for reform; moving their state from disorder to order, reducing entry barriers for business, and helping citizens more easily find services.

Practically everyone is for reducing the size and cost of government, but removing the deck chairs just to force people to find a seat somewhere else doesn’t streamline or reduce the size of government — just the overall number of deck chairs.

Former state Rep. Susan Lynn served on the state legislature’s Government Operations Committee from 2002 to 2010, eventually rising to the position of chairman.

 http://www.tennessean.com/article/20110706/OPINION03/307060076/Regulator-could-phased-out?odyssey=mod|newswell|text|Opinion|p

Gossip and Slander Violate Constitutional Rights

We recently read in the Tennessean about objections to a new Tennessee law on cyberbullying - where one can be charged with a crime for posting a photo on-line that makes another feel threatened.  A photo that makes you feel threatened?  What about actual harm?

A genuine problem was revealed in a recent episode of 20/20 and followed up by our own News 2.  They report on anonymous posts on blogs and of media that will say just about anything without fact checking.  Now this is something that causes actual harm - the internet is forever and there is no way to ensure a verbal retraction on radio will reach the same listeners who first heard the defamatory statement.  It is very difficult to remedy such posts and broadcasts.  We should address this problem as consumers by demanding that such behavior be modified and by making tort law more clear for victims of extreme cases.

More than just blogs and radio shows that fly fast and loose with vile gossip, libel and slander - why does anyone hold any regard for peers and co-workers who pretend to be “in the know” but in reality, they are causing harm and destruction to another person’s reputation. “They say…”, “I’ve heard…”, “some say…” such are the destructive tools in the toolbox of the gossip and slanderer.

I recall my mother, a gracious woman of high morals and ethics, warning me and my siblings “do not listen to gossip,” “do not repeat gossip,” and “do not reveal anything about someone that could embarrass him or her – even if it is true.”

My father, a sharp business man, cautioned me time and again, "Susan, only believe 10% of what you hear people say."  "10%?  Daddy?!" I replied the first time I ever really thought about what he was saying.  With furrowed eye brows and great insistence in his voice he replied, "Yes, people will say absolutely anything to advantage their position which usually has the effect of hurting someone else...most likely YOU.  You have got to have facts, and numbers and quality data."

The English scholar William Blackstone wrote that each man is entitled by natural right to the “Security of his good name and reputation from the art of detraction and slander.”  What has happened to society? Were so many really never taught these lessons on ethics and legalities?

The object of the slander is not the person of whom we should think ill - judging the witless victim as if he or she is guilty as charged.  But it is the gossiper, the slander that we should reject and send packing for their bad, if not downright evil and possibly illegal behavior.

Such deeds are all too common today.  I know a manager at a local store. Behind his back an assistant manager has set out to discredit and undermine him through exaggerations, mis-characterizations and outright lies.  Little does this assistant manager realize that should she succeed in causing the manager to lose his job he certainly has a case against her in tort law.  That is why employers should not put up with such behavior – it is their deep pockets that may pay for the actions of the slanderer.

I know an attractive, hard working young woman with a delightful personality; always willing to do what is needed at work.  A co-worker has it in for her. She sows bad seeds with other workers and managers in order to defame and detract from this young woman.  This activity is distressing.  My young friend worries about what will be made-up next behind her back, and about the effect that it may have on her career.  Little does her co-worker realize that she is robbing my friend of her constitutional right to live in peace and of much more.

Take the world of politics – I know an elected official whose opponent sowed bad seeds with a group of voters saying that she and her husband were in bankruptcy and losing their home – it was a complete lie. The opponent also spread falsities about her positions and lied about her votes.  Then he had his employee file a false report on the candidate which led to vicious defamation in the media by outlets where he routinely purchased ads.  This same official suffered for years from attacks and gossip by detractors via email, blogs and spoken word.  They started rumors of affairs, tried to paint her as being difficult to work with, rumors of tax delinquencies, and they would often apply pressure to groups in hope of forcing them to cancel this official’s invitation to speak.  All of this was extremely distressing, difficult to battle and defending herself exhausting but more than that it is a violation of this official’s constitutional rights.

I have a book on ethics from the 1890’s. The chapter on justice reads as follows: “People can do injustice by their thoughts.  When we hear complaints or accusations against any person, and readily believe them, without knowing what the accused might say in self-defense, we are generally unjust.  We must therefore be careful, and not judge hastily; and we must not, even in our minds condemn the absent unheard person.  We should not like to be judged and condemned thus; and it is unjust for us to form opinions in this way about others.”

Here is a rule of thumb:
  • Those who gossip and slander are wrong doers.  
  • Those who listen to gossip and slander are also doing wrong.
  • Those who repeat gossip and slander are wrong doers.
  • Those who judge the victim of gossip and slander without a hearing are doing wrong.
  • And those who refuse to reveal the identity of the slanderer to the victim but feel justified with having merely alerted the victim to the slander are also doing wrong.  The victim deserves justice - and the gossiper deserves to be confronted.  Such activity leaves the victim to worry about the source of the gossip, how to measure the damage, and the number of people that are privy to the lie.
I urge all – be better than this.  Be better Christians than this.  Have more regard for the rights of others than this.  Refuse to listen. Refuse to repeat what you hear. Reject the gossiper, and reject the slanderer; those who artfully seek to paint some poor soul badly in your eyes; robbing the victim of the right to a hearing and of their reputation.

From what I've seen, Dad was absolutely right, people will say anything.  And as my mother taught us, rejecting gossip is the best way to stop it.

Tuesday, March 15, 2011

Public Notice: Under Threat

This year several bills have the State Legislature considering doing away with the publication of public notices in local newspapers in order to save money.

Before you conclude that this is a good idea, consider a few facts.

The state Constitution and state law require publication of public notices. This is due to an important principle of civil societies: if the government is going to take some action to limit or change our rights, or take away our property, it must go out and seek to provide public notice to the citizens of the potential action. It is not mandatory that you read it but a good faith effort must be made by the state to provide the information.

Publication has always meant that the notice must be outside of Government's own halls; in newspapers of general circulation where the community can read them. But to get around this provision, the legislature wants the government to publish legal notices on the state's website and charge for the posting.

While this may sound like an efficient way to gain a new stream of revenue; this sort of publication does not meet the standard of the past; that publication is outside of government's own halls.

In recent weeks we’ve seen governments around the world “switch off” the Internet denying access to its citizens. An Internet switch is currently being considered in Washington. In such a case, what would happen to the notice that the government is constitutionally required to provide?

Meanwhile, over 669,800 out of 2.2 million Tennessee households are still without Internet access (1). This means that those citizens’ chances of ever seeing a public notice will be equal to zero.

The elderly are the most vulnerable because only 28% of those 65 and older use the internet.(2) While most of our legislators have a college degree, and 80% of those with a college degree have the internet,(3) legislators must remember, that equates to only 19.6% of Tennesseans.(4) Only 35% of those without a high school diploma use the internet. And a full 40% of those with a high school diploma still have no internet in their home.

But even of those adults that have the internet – fully 50% say they never seek online news. Will they ever really look at a government web site for legal notices?

The state budget is $29 billion dollars.

It costs a just tenths of a cent per person to print a statewide legal notice informing Tennesseans of a state Constitutional Amendment - about $17,000.

It costs just a few hundred dollars for your election commission to publish the ballot for upcoming elections. In danger too is publication of utility rate increases, annexations, zoning changes and city or county meeting notices.

Consider that the expense for most notices is not born by the government but by individuals who are seeking a court ordered legal claim to your property, to put you under lien, or to take some legal action that will affect your family. Public notice ensures that there is an attempt to reach out and notify you of some action that may affect your rights.

Most newspapers of general circulation post the notices on their Websites but it is the printing; creation of a permanent record, and the circulation of the notice in the community where all can see it and decide upon its fate that serves to secure our Republic. Truly, publication is an essential price of democracy.

Susan Lynn was state representative in the 57th House district from 2002-2010.  She is leading EPPC – Education, Public Policy Consulting, a 501 (c)3.  For more information visit www.publicnoticetn.com.

1. http://www.census.gov/compendia/statab/2011/tables/11s1156.pdf
2. http://www.census.gov/prod/2009pubs/10statab/infocomm.pdf
3. http://www.census.gov/prod/2009pubs/10statab/infocomm.pdf 
4. http://quickfacts.census.gov/qfd/states/47000.html