April Letter
Greetings,
With spring now here, the General Assembly is in full gear and working through the 2500 bills that were filed this year. The State Legislature is working on many topics. In committee, we are working on such things as the budget shortfall, wine in grocery stores and addressing the constitutional issue of electing judges instead of the current system of a retention vote. I am busy working my legislative package as well.
I have 3 pieces of legislation that I will be working on this month. First, HB 1549 is a bill that will bring Tennessee back into compliance with the 6th circuit courts concerns that Tennessee’s wine and grape law interferes with the interstate commerce clause. I have drafted legislation to address the federal courts concerns. Working with several parties, I have been able to address the needs of the wineries and the concerns of the alcohol wholesales. This bill is advancing and was voted out of subcommittee this week and moving towards a Floor vote later this month. If this legislation does not pass, the Courts ruling will cause Tennessee wineries to close, including the Arrington Vineyard.
I am also working on another bill that addresses a court ruling that gave a workmen’s compensation judgment to an employee who was injured in his home gym. The court ruled that this injury qualified this individual to payment from the workmen’s comp fund. My bill will make clear that workmen’s compensation. injuries will only apply to injuries that occurred on the job site and not in a home gym.
The third bill I am working on will make it a state law that all parties involved in an automobile accident must exchange information on personal addresses and insurance information. This will not only help to identify the non insured, but will do so at the scene of the accident.
Budget proposal presented to lawmakers
After months of uncertainty while the United States Congress wrangled over details of the American Recovery and Reinvestment Act (ARRA), the Governor presented his initial budget proposal Monday night to a Joint Convention of the House and Senate. Because of the unprecedented economic situation facing Tennessee, the Governor is proposing a multi-year approach, and laying out possibilities for the next four years. He explained that much of the ARRA money, which totals approximately $5 billion over two years for Tennessee, comes with strings attached and has essentially already been earmarked by Congress. According the Administration, about “two-fifths” of the money are “Tennessee” funds—monies that will allow the state some leniency regarding where to use them—while the remainder are “Congressional” funds that have multiple strings attached.
Stimulus funds will foot much of the TennCare bill
Of the $2.1 billion in “Tennessee” funds, more than half will temporarily foot the bill for TennCare—the state’s Medicaid program—to free up the state dollars to fund programs elsewhere. While other states will be required to use this money to plug holes in their Medicaid programs, TennCare is in a stable position. Additionally, TennCare had approximately $500 million in their reserve account at the beginning of the year.
Higher Education may dodge a bullet
Although large reductions were expected in higher education, the ARRA dedicates $500 million specifically to higher education, meaning that the anticipated cuts are no longer necessary. Reductions that had already taken place will now be restored to the tune of $100 million this year.
The budget proposal stipulates that higher education will be fully funded for the next 21 months from stimulus funds. When the ARRA funds run out, the legislature will have to think outside the box to fill the shortfall for higher education.
Unemployment Insurance
One of the priorities that the Governor said the Administration will focus on is keeping the state’s Unemployment Trust Fund solvent. Although the Governor considered turning down the unemployment portion of the federal stimulus package, citing as a concern the obligation to continue higher spending when the federal money runs out in two years, the state will accept the $141 million injection to the Unemployment Trust Fund.
Accepting the money will mean that Tennessee has to adopt three federal mandates at a projected outflow of $30 million annually. A part-time worker definition, alternative wage base calculations and dependents allowance must be adopted by the General Assembly in order to qualify for the stimulus funds. Republican lawmakers are cautioning that if adopted, there may be a need to end these mandated benefits once the federal monies are exhausted to sustain the fund in the future.
House State & Local Committee hears testimony on “wine in grocery stores” bill
In my 9 years of service in the House, the sale of wine in grocery stores is 2nd only to the income tax in interest. Hearings were started this week in the State and Local Government Committee which heard testimony this week concerning the “wine in grocery stores”. While the fate of the bill is unclear, the legislation has spurred discussion over Tennessee’s liquor laws.
The bill would essentially create a “wine at retail food store license,” which would allow the sale of wine at retail food stores. The license would be issued by the Alcoholic Beverage Commission and only in a county or municipality that has authorized the sale of alcoholic beverages. Businesses who obtain the license would still be subject to rules and regulations governing current liquor and beer laws, and would also be subject to the “Responsible Vendors Act,” which requires mandatory carding.
Much of the testimony in favor of allowing wine in grocery stores centered around the possible revenues the state and local governments would receive if the bill is passed. The Fiscal Review Committee is estimating that passage of the bill would mean $16 million for the state’s General Fund, and an $11 million boost for local government revenues.
The Sheriff of Madison County testified against the bill, stating that he believed the legislation would lead to an increase in underage drinking, and to an increase in crime and panhandling outside of convenience stores. In the same vein, a liquor store owner projected he would lose 15 to 20 percent of his revenues if the bill passed, resulting in the loss of one full time employee and possibly an additional part time employee.
The bill’s fate has yet to be decided, as neither the House nor the Senate has officially taken the legislation up for members’ debate. The Associated Press performed an informal poll of every member of the General Assembly last week, with the results showing 23 members were supportive, 31 members were against the legislation, and 78 members were undecided.
Subcommittee hosts presentation: Is the Tennessee Plan constitutional?
The Civil Practice and Procedure Subcommittee hosted a presentation this week, asking the question: “Is the Tennessee Plan constitutional?” Judge Holly Kirby of the Tennessee Court of Appeals and Brian Fitzpatrick, Assistant Professor of Law at Vanderbilt Law School, made presentations.
The Tennessee Plan is the mechanism by which the state appoints judges to the State Supreme Court, the State Court of Appeals, and the State Court of Criminal Appeals. When the plan was implemented in the 1970’s, advocates hailed the plan as a way to keep partisan politics out of the judiciary.
The Judicial Selection Commission, a panel composed of 17 members, offers the Governor a slate of three candidates to fill a vacancy on the court. If the Governor rejects all three candidates on the first slate, he can request another. If this occurs, the Governor must then make a selection from that list of prospective nominees. After being appointed, judges are subject to “yes/no” retention votes every eight years.
Fitzpatrick said he firmly believes the Tennessee Plan and the Judicial Selection Commission is unconstitutional. He pointed out that should the legislature decide they prefer the commission and the subsequent retention vote, a constitutional amendment would be necessary—which would require not only the approval of two General Assemblies, but also a voter referendum.
Judge Holly Kirby suggested in her testimony that the legislature should look to the intent of the writer’s of our State Constitution. Did they, she asked, intend to limit the power and authority of the legislature to determine the type of elections for appellate judges? She argued that the judicial and executive branches have the most limited authority, and the broadest possible authority was granted to the legislative body, which directly represents the people of this state.
At the center of the debate over the Judicial Selection Commission is the provision in the constitution that states, “The judges of the Supreme Court shall be elected by the qualified voters of the state.” The state Supreme Court has ruled that the yes/no retention vote qualifies the system as constitutional, but the debate came to a head in 2007, when the Governor rejected the first two slates of candidates given to him by the Judicial Selection Commission. His actions prompted questions as to whether or not the system was effective and relevant.
The Judicial Selection is currently in “wind-down” due to legislature failing to pass a bill last year extending it. Unless legislation passes this year to extend the commission, it will cease to exist as of June 30, 2009.
House Schedule for April
Below are the scheduled times for floor session and committee location and meeting times. If you would like to attend any of these meetings, please call my office and we will assist you in attending so as to hear your State Government at work.
HOUSE SESSION: 5:00 p.m. Monday, in the House Chambers
HOUSE SESSION: 9:00 a.m., in the House Chambers
Tuesday’s schedule
Committee or Subcommittee Time Room Number
Calendar & Rules Committee 8:00 a.m. Legislative Plaza 16
Higher Education Subcommittee 8:30 a.m. Legislative Plaza 29
Consumer Subcommittee 8:30 a.m. Legislative Plaza 30
Professional Occupations Subcommittee 8:30 a.m. Legislative Plaza 31
Commerce Committee 9:15 a.m. Legislative Plaza 16
Agriculture Committee 9:15 a.m. Legislative Plaza 29
Family Justice Subcommittee 9:15 a.m. Legislative Plaza 30
Health & Human Resources Committee 10:30 a.m. Legislative Plaza 16
Consumer & Employee Affairs Committee 10:30 a.m. Legislative Plaza 29
Utilities & Banking Subcommittee 10:30 a.m. Legislative Plaza 30
Environment Subcommittee 11:00 a.m. Legislative Plaza 29
State & Local Government Committee 12:00 p.m. Legislative Plaza 16
Civil Practice & Procedure Subcommittee 12:00 p.m. Legislative Plaza 31
Finance, Ways & Means Committee 1:30 p.m. Legislative Plaza 16
Employee Affairs Subcommittee 1:30 p.m. Legislative Plaza 29
Rural Roads Subcommittee 1:30 p.m. Legislative Plaza 31
Wildlife Subcommittee 2:15 p.m. Legislative Plaza 30
Transportation Committee 3:00 p.m. Legislative Plaza 16
Public Safety Subcommittee After Trans Legislative Plaza 16
Public Health Subcommittee 4:00 p.m. Legislative Plaza 30
Wednesday’s schedule
Committee or Subcommittee Time Room Number
Calendar & Rules (TBA) 8:00 a.m. Legislative Plaza 16
Children & Family Affairs Committee 8:30 a.m. Legislative Plaza 16
State Government Subcommittee 8:30 a.m. Legislative Plaza 29
Judiciary Committee 8:30 a.m. Legislative Plaza 31
Local Government Subcommittee 9:15 a.m. Legislative Plaza 29
K-12 Education Subcommittee 10:00 a.m. Legislative Plaza 16
Government Operations Committee 10:00 a.m. Legislative Plaza 29
Industrial Impact Subcommittee 10:00 a.m. Legislative Plaza 30
Elections Subcommittee 10:00 a.m. Legislative Plaza 31
Education Committee 11:00 a.m. Legislative Plaza 16
Budget Subcommittee 11:00 a.m. Legislative Plaza 29
Criminal Practice & Procedure Subcommittee 12:00 p.m. Legislative Plaza 31
Parks and Recreation Subcommittee 12:30 p.m. Legislative Plaza 16
Domestic Subcommittee 12:30 p.m. Legislative Plaza 29
Healthcare Facilities Subcommittee 12:30 p.m. Legislative Plaza 30
Finance Budget Hearings 1:30 p.m. Legislative Plaza 16
Agriculture Subcommittee 3:30 p.m. Legislative Plaza 29
Judiciary Committee 3:30 p.m. Legislative Plaza 31
If I can be of service, please contact me or my personal assistant, Carol Simpson, at 741-4389. I hope you find the newsletter useful.
Sincerely,
Glen Casada
