State
Representative
Capitol
Hill Review “Weekly Wrap”
Year End 2009
Jobs, Small business
·
Bond bill - approved the funds promised to Volkswagen and Hemlock Semiconductor to
move the massive economic projects forward
o
Because
the state set an ambitious timeline to move forward, the General Assembly moved
quickly.
o
The
bonding provided infrastructure for the megasites where the companies would be
located (
o
Analysts
say the revenue stream from Volkswagen alone will cover the annual debt
service, and exceed it once Hemlock is up and running.
o
The
companies were considered a major coup for the state, and with the announcement
later in the year that Wacker Chemical would open in Bradley County, Tennessee
saw three major companies relocate some operations the state in a matter of
months.
o
The
three companies together are expected to directly provide about 3,000 jobs
total, in addition to countless others in related sectors from vendors and
contractors.
·
“Market Regulation Act of 2009” - The
new law will modernize the state telecommunications policy and promote more
competition and choice for
o
Allows
existing traditional telephone providers to opt into “Market Regulation” so
they will be treated on the same terms as their competitors in the cable,
wireless and Internet telephone companies
·
TNINVESTCO Program – Provides benefits to small, medium-sized,
and start-up businesses that do not enjoy the same economic development
incentives that are provided to larger companies that invest capital in
o
Authorizes
tax incentives for private investors to create a pool of capital totaling $120
million that will be divided among professional businesses located and
headquartered in
o
The
money must remain invested in
·
Wine Shipment – Tennesseans can now ship wine directly to
their homes
o
Consumers
may purchase up to 3 cases of wine per year through direct shipment from a
winery to their home
o
Wineries
must initially apply for a $300 license
o
License
can be renewed annually for $150
o
Upon
delivery, proof of legal drinking age must be shown
·
Unemployment Trust Fund – Because of unprecedented high
unemployment, the state’s Unemployment Trust Fund was nearly insolvent
o Had the fund become insolvent, the federal
government would have taken over
o TN accepted unemployment trust fund part of
the stimulus package, injecting almost $200 million
o Fund will now remain solvent
o Bill created a series of common-sense
triggers to decrease unemployment taxes if fund’s balance reaches a certain
threshold
·
Civil Service Rules – Gives the Administration more flexibility
to manage the economic downturn with regards to state employees
o TSEA worked with the legislature and
Administration to reach agreement
o Allows for innovative changes that will save
the state money
o Allows departments to move qualified
employees between depts to open positions
o Facilitates furloughs, if needed, instead of
lay-offs
o Allows Administration or depts
to adjust the work week to four days (by extending other days)
Education
·
Public Charter Schools - Passed legislation that will open up
public charter school enrollment to all “at-risk” (students on free or reduced
lunch) students
o This move will give more students across the
state who attend failing schools more educational opportunity than ever before
o As some school districts were in danger of
being taken over by either the local government or the state government, this
provides an innovative way to get these kids back on track
o This year, a charter school in TN graduated
its first class of 89 students—ALL 89 graduated, and ALL 89 are attending
college in the fall—quite a success story!
§
Public
charter schools are public schools that are given the flexibility to operate
without the constraints of some of the rules and regulations imposed on
traditional public schools
§
In
exchange for this flexibility, they are held accountable for performance
through a charter—an agreement between the charter school and the local school
system
§
There
is a strenuous approval process for charter schools, and strict accountability
measures to ensure the schools are performing well
o Prior to passage of this legislation, TN had
some of the strictest charter school laws in the nation
§
Because
of our restrictive laws, TN stood to miss out on $100 million in federal “Race
to the Top” funds—which we should now receive
o Passed with a 79-15 vote
·
Interstate Compact for Military Children – Legislation will assist students whose
parents are in the military and constantly move from school to school. Four
specific areas are addressed in the compact: enrollment, placement,
eligibility, and graduation requirements
o Research shows that military children will
transfer to 6-9 different school systems from kindergarten to 12th
grade
o Legislation would affect about 26,000
students in TN
o 14 other states participate
·
TN Math and Science Teacher Service
Loan-Scholarship – Creates
a loan-scholarship program for college students who are seeking licensure to
teach mathematics or science in the
o To be eligible, students must score at least
a 27 on ACT specifically in the fields of math and science.
o Must enroll as a full-time student
o Must major in one of the two fields
o Must agree to teach in TN public schools one
year for each year of funding from the loan-scholarship
o A lack of math and science teachers has
caused alarm in some school districts; this legislation is aimed at encouraging
students to pursue this degree
Budget
·
Final
balanced budget passed by the General Assembly totaled $29.6 billion in both
federal and state dollars
·
We passed
a balanced budget that reigns in spending by nearly $38 million more than the
Governor originally proposed
·
Restores
some of the funding to Dept. of Mental Health and the Department of Children’s
Services
·
Were
able to substantially reduce the amount of bonding from what the Governor
originally proposed (which would have DOUBLED under his original plan)
·
Instead,
we are now spreading it out over four years, and requiring the General Assembly
to reauthorize it every year (in case revenue streams continue to decline)
·
We also
directed the Governor to meet with his commissioners to find an extra $50
million in cuts if revenues continue to decline (which is likely)
Senate Joint Resolution 127
·
Constitutional
amendment that will restore Tennessee Constitution to neutrality on the issue
of abortion
o In 2001, the Tennessee Supreme Court
created, in Planned Parenthood v Sundquist, a right to unregulated abortion in TN—giving
us some of the most liberal laws in the nation regarding abortion.
o The court also took away the right of the
legislature to enact regulations
o This constitutional
amendment DOES NOT outlaw
abortion—we can’t, because Roe v Wade
takes precedence. Most states, however, can enact regulations and guidelines.
o If SJR 127 passes the 107th
General Assembly (2011-2012) with a two-thirds majority, it will be on the
ballot as a referendum in 2014 for the people of this state to decide if they
want to retain the right, through their elected representatives, to regulate
abortion
Voter Protection Bills Die
·
Military personnel – This bill would have allowed for military
personnel serving overseas to send their absentee ballots back to their
election commission via electronic means. Bill died on a tie vote in Elections
Sub.
o A report released in 2008 showed that
o This measure would have guaranteed their
vote would be counted
·
Photo ID to vote – This bill would have required photo
identification to vote. Bill died on a tie vote in Elections Sub.
·
Photo ID to register to vote – This bill would have required photo
identification to register to vote. Bill died on a tie vote in Elections Sub.
Illegal Immigration
·
Sanctuary Cities – This bill prohibits
o This law is meant to be a pre-emptive strike
to guard against the adoption of such policies by cities in the state
o 38 cities across the country have been
identified as “sanctuary cities” but many sources have identified over 200 city
or county governments across the country as having practiced such policies
Second Amendment
·
Hunting areas - Allows for the carry of a handgun in state
hunting areas by licensed carry permit holders
·
Local Parks – Allows for individuals with carry permits
to carry a handgun in a local park; local governments may opt-out.
·
Handgun safety information – Prohibits requirement for certain
information from students taking the handgun safety course (already prohibited,
but the law is vague; this will clarify)
·
State Parks – Allows for the carry of a handgun within
the boundaries of any state park by licensed carry permit holders.
·
Guns in restaurants – Authorizes a licensed carry permit holder
who is not consuming to alcohol to carry a handgun in a building where alcohol
is being served (subject to posting provisions, because a private business may
choose to prohibit firearms)
Judicial Selection Process
·
Reformed
the selection process for the state’s appellate and Tennessee Supreme Court
judges
·
Legislation
passed sets up a new nominating commission with fewer attorney members and less
special interest input
o
Provides
for a 17 member Judicial Nominating Commission that would have at least 10
attorney members
o
After
being appointed through this process, judges will stand for approval by the
voters who vote to “retain” or “replace”
o
If
voters to decide to replace a judge, an interim judge would be appointed by the
Governor until the next election, when a popular election would be held (same
process through which the state’s trial judges are currently selected)
·
Bill
bans lobbyists or employers of lobbyists from serving on the Nominating
Commission
·
Legislation
provides public access to every aspect of nominating process (more transparent
than ever before