Barrett Rich’s Weekly Wrap for May 3rd – 6th

Tennesseans Volunteer to Help After Devastating Floods

Tennessee was hit with unprecedented rain over the weekend, causing disastrous floods across Middle and West Tennessee. Although much of the water has receded, some communities are still faced with flood water. As clean-up efforts began Monday, the extent of the devastation was becoming apparent. As of Thursday morning, the Governor had declared a State of Emergency and the Federal Emergency Management Agency (FEMA) had designated 10 counties as federal disaster areas: Cheatham, Davidson, Dyer, Hickman, McNairy, Montgomery, Perry, Shelby, Tipton and Williamson Counties. More are expected to receive the designation, as the Governor asked for a federal disaster declaration for 52 counties total.

Parts of Middle and West Tennessee received a record 13 inches of rain in 24 hours over Saturday and Sunday. The Cumberland River, which winds through the state, finally crested late Monday night, well over the 50 feet expected by officials. The flood level for the Cumberland is 40 feet. As of Thursday morning, 19 people were killed, and thousands of homes and businesses were destroyed. Tens of thousands went without power for several days, and water supplies in Middle Tennessee were threatened as a result of damaged water treatment plans. Federal and state officials estimated Wednesday that Davidson County’s damage alone would be upwards of $1 billion. The cost of damage in other counties is expected to be assessed in the coming weeks.

In addition to the homes that were destroyed, many Tennessee landmarks also suffered extensive damage, such as Gaylord Opryland Hotel, historic businesses on Lower Broadway in Nashville, the Country Music Hall of Fame, and the Grand Ole Opry.

Despite the mass devastation, criminal activity has not dramatically increased. Living up to its nickname of the “Volunteer State,” Tennesseans have been helping neighbors and many media reports have focused on communities pulling together.

Those in disaster designated counties can contact FEMA for assistance. Tennesseans can apply at www.disasterassistance.gov or call 1-800-621-FEMA (3362). In addition, organizations like the Red Cross and Salvation Army are also organizing massive assistance efforts. Affected people can call the Red Cross at 615-250-4300 and the Salvation Army at 1-800-725-2769.

National Day of Prayer takes on new meaning

The Tennessee House of Representatives passed a resolution on Wednesday commemorating the National Day of Prayer and encouraging Tennesseans to take part. House Joint Resolution 1191 passed with an overwhelming majority.

Lawmakers said they were publicly supporting the National Day of Prayer due to a ruling recently handed down by a federal court saying the day was unconstitutional. The sponsor said people have the choice of whether or not they want to participate, and their actions are supported by the First Amendment. Many members of the House also felt the day takes on new meaning as thousands across the state are still reeling from floods that paralyzed communities for days.

The National Day of Prayer acknowledges the important role of religion in the United States, and was a tradition started by President Harry Truman via proclamation. Events are being held across the country today, including several major events in Tennessee.

In case you missed it…

  • The House passed legislation on Wednesday that will strengthen Tennessee’s voter registration laws, protecting against voter fraud. House Bill 270 requires voters to affirm that they are lawfully in the United States and requires a warning on the registration form stating that giving false information is a Class D felony. 

 

The House approved a measure this week that will clarify the restaurant carry law passed last year. The General Assembly last year passed a law allowing licensed carry permit holders to carry firearms into establishments that sell alcohol, while giving restaurant owners the option of posting signs explicitly prohibiting firearms. The law was subsequently struck down in Chancery Court due to some ambiguity. House Bill 3125 clarified the language with regard to the posting, and lawmakers believe the new law can withstand a constitutional challenge.

Department of Health issues warning

over vital records scam

The Tennessee Department of Health issued a warning this week about a potential scam that is making the rounds in Tennessee. Reports have been turned in to the department that someone claiming to be a Health Department Vital Records employee is calling households seeking citizens to confirm important personal information such as birth certificate information.

The Commissioner of Health said the Office of Vital Records does not send employees to homes and issued the following tips to help protect against scammers:

  • Be wary of anyone who shows up at your home or calls you claiming to be with the government and asking for identifying information. Although U.S. Census workers may visit your home or call within the next few months to obtain information for the 2010 Census, employees from other federal agencies usually will not. Medicare staffers will not visit your home or call unless you request it.

 

  • Don’t give out personal information — including your date of birth, bank account number, Social Security number or your Medicare number — to strangers.

 

  • If you believe you have been the target of a bogus attempt to get personal

information, call your local police department. If you feel you are in immediate danger, call 911.

In case you missed it…

  • House Bill 2665 was approved by the House Budget Subcommittee on Wednesday and will next be heard in the Finance, Ways and Means Committee. The bill creates a veterans’ honor medal program to recognize and honor all Tennessee veterans.

 

  • The House Finance, Ways and Means Committee discussed at length a bill that would require former legislators convicted of a felony related to their office to forfeit health insurance benefits covered by the taxpayers. House Bill 2349 will be discussed again next week, at which point a vote will likely occur.

 

  • The Nashville Business Journal reported this week that Tennessee is ranked as the 13th best state for business with regards to taxes in the country by the Small Business and Entrepreneurship Council (SBEC). Contributing to Tennessee’s climb up the list is its lack of a state income tax and a capital gains tax. The SBEC also added that low property taxes, cheap diesel taxes and low gasoline taxes were contributing factors.

Despite the mass devastation, criminal activity has not dramatically increased. Living up to its nickname of the “Volunteer State,” Tennesseans have been helping neighbors and many media reports have focused on communities pulling together.

 

Those in disaster designated counties can contact FEMA for assistance. Tennesseans can apply at www.disasterassistance.gov or call 1-800-621-FEMA (3362). In addition, organizations like the Red Cross and Salvation Army are also organizing massive assistance efforts. Affected people can call the Red Cross at 615-250-4300 and the Salvation Army at 1-800-725-2769.

 

National Day of Prayer takes on new meaning

 

The Tennessee House of Representatives passed a resolution on Wednesday commemorating the National Day of Prayer and encouraging Tennesseans to take part. House Joint Resolution 1191 passed with an overwhelming majority.

 

Lawmakers said they were publicly supporting the National Day of Prayer due to a ruling recently handed down by a federal court saying the day was unconstitutional. The sponsor said people have the choice of whether or not they want to participate, and their actions are supported by the First Amendment. Many members of the House also felt the day takes on new meaning as thousands across the state are still reeling from floods that paralyzed communities for days.

 

The National Day of Prayer acknowledges the important role of religion in the United States, and was a tradition started by President Harry Truman via proclamation. Events are being held across the country today, including several major events in Tennessee.

 

In case you missed it…

 

·         The House passed legislation on Wednesday that will strengthen Tennessee’s voter registration laws, protecting against voter fraud. House Bill 270 requires voters to affirm that they are lawfully in the United States and requires a warning on the registration form stating that giving false information is a Class D felony.

 

The House approved a measure this week that will clarify the restaurant carry law passed last year. The General Assembly last year passed a law allowing licensed carry permit holders to carry firearms into establishments that sell alcohol, while giving restaurant owners the option of posting signs explicitly prohibiting firearms. The law was subsequently struck down in Chancery Court due to some ambiguity. House Bill 3125 clarified the language with regard to the posting, and lawmakers believe the new law can withstand a constitutional challenge.

  • House Bill 3310 passed the State House on Wednesday and is now headed to the Governor for his signature. The bill enacts a hospital coverage fee that will restore $659 million state and federal dollars to TennCare using a method that 26 other states already utilize. The mechanism will allow the state to draw down federal funds and restore millions in eliminations and reductions the state has been forced to make as a result of low revenues.  

 

  • House Bill 2768 moved out of the House Finance, Ways and Means Committee this week and is now headed to the House floor for debate. The bill requires anyone convicted of a DUI with a blood alcohol content (BAC) level of .15 or higher to use the ignition interlock device (IID). Ignition interlock devices have been implemented around the country, and tests the driver’s BAC level. If it is above the set limit, the car will not start. The legislation has hit roadblocks in past years, and was sent to a summer study committee in 2009 by the Criminal Practice and Procedure Subcommittee.

 

The Week Ahead

HOUSE SESSION: 4:00 p.m. Monday, May 10, 2010 in the House Chambers

HOUSE SESSION: 1:00 p.m. Wednesday, May 12, 2010 in the House Chambers

HOUSE SESSION: 9:00 a.m. Thursday, May 13, 2010 in the House Chambers

Tuesday, May 11

Committee Room Time
Calendar and Rules Legislative Plaza 16 8:00 A.M.
Budget Sub. Legislative Plaza 16 9:30 A.M.
Finance, Ways, and Means Legislative Plaza 16 1:30 P.M.

 

Wednesday, May 12

Committee Room Time
Budget Sub. Legislative Plaza 16  9:30 A.M.

 

 

House Republican Leadership Denounces $85 Million Tax Increase

(A PDF version of this legislative update is available for download here.)


State Rep. Barrett RichThe House Republican Caucus leadership this week denounced a tax increase proposal floated by Governor Phil Bredesen as a way to balance the budget. The administration proposed an additional $85 million in tax increases by increasing the sales tax on single article sales. Check the requirements before purchasing. To apply, please click here.

Last week, Bredesen and his senior staff outlined a plan to remove the sales tax cap on single article sales. At present, the value of individual items over $3,200 are taxed at seven percent. The governor wants to increase this to 9.75 percent.

Republican leaders expressed their disappointment in the Governor for showing what they called “blatant disregard for the challenges small business owners and average Tennesseans face,” and added that small businesses would be the driving force behind an economic recovery.

The $85 million tax increase would be in addition to $50 million the administration has called for by increasing taxes on cable television, cable television boxes, business telephone services, and free hotel breakfasts. In total, Bredesen has proposed over $130 million in new taxes this year alone.

Republicans’ Long-Term Care overhaul proven successful

The TennCare Oversight Committee heard an update on Monday regarding the Long-Term Care and Community Choices Act of 2008, a proposal that was championed by Republicans and overhauled the state’s previously fragmented long-term care system. The plan aimed to increase options and choices for those who needed long-term care support, expand access, and better utilize existing funding.

The plan was designed to promote independence, choice, dignity, and quality of life for the elderly and/or people with physical disabilities who need long-term care support and services from the state’s TennCare program. The legislation included consumer-directed options that offered more choices regarding the kinds of long-term care services people need, where they are provided, and who will deliver them, with appropriate mechanisms to ensure accountability for taxpayer funds. In 2008, 98 percent of all long term care dollars went to nursing home care, the most expensive option. Lawmakers anticipated saving money by moving funds to home and community-based care for those who were able to live at home with some assistance.

The committee heard from Pattie Killingsworth, Chief of Long-Term Care. Killingsworth reported that TennCare CHOICES, the long-term care system created by the legislation, was successfully implemented in Middle Tennessee in March of this year. The transition was seamless, and 8, 624 enrollees were transitioned to the new program. Even more Tennesseans are taking advantage of the home and community based services since March, including about 450 brand new enrollees. Killingsworth reported the department is currently working on implementing CHOICES in East and West Tennessee.

State to begin offering rebates for Energy Star appliances

The State of Tennessee, in conjunction with the Tennessee Valley Authority, will begin offering rebates to Tennesseans who replace old appliances with Energy Star® qualified ones. Portions of the rebate funding were made available through the American Recovery and Reinvestment Act. The total funding for the rebate program is just over $5.9 million, and rebates will be granted until the funds are depleted.

Rebates of $250 will be available for central air conditioners, $40 for room air conditioners, and $250 for heat pumps. Because there are certain specifications that the appliances must meet in order to be eligible in addition to being Energy Star®, consumers are encouraged to

The Tennessee Department of Economic and Community Development reports that the estimated energy savings for delivery and installation of qualified heating and cooling products statewide will be approximately 16 million kilowatt hours per year. A reduction in energy use of that size translates to a yearly savings of almost $1.4 million in energy costs for Tennesseans and reduces the amount of carbon dioxide emitted into the atmosphere by 32 million pounds annually.

“Super speeding” bill granted approval by House Transportation Committee

The Transportation Committee approved House Bill 2544 Tuesday afternoon after a long debate. The bill creates the offense of “super speeding” when a driver speeds at 75 miles per hour or more on any two-lane highway or 85 miles per hour or more on any public highway or interstate. The penalty for super speeding would be a Class B misdemeanor, punishable by a $200 fine.

The bill will be heard next in the Budget Subcommittee. Instead of costing the state money, the legislation actually has the potential to bring in $3.7 million. Under the bill, the funds would be directed to the state’s Trauma Center System established in 2007.

The Week Ahead

HOUSE SESSION: 4:00 p.m. Monday, April 26, 2010 in the House Chambers

HOUSE SESSION: 2:00 p.m. Wednesday, April 28, 2010 in the House Chambers

HOUSE SESSION: 9:00 a.m. Thursday, April 29, 2010 in the House Chambers

Tuesday, April 27

Committee Room Time
Calendar and Rules Legislative Plaza 16 8:00 A.M.
Health and Human Resources Legislative Plaza 16 9:00 A.M.
State and Local Government Legislative Plaza 16 11:30 A.M.
Finance, Ways and Means Legislative Plaza 16 1:30 P.M.
Judiciary Legislative Plaza 31 3:30 P.M.

 

Wednesday, April 28

Committee Room Time
Calendar and Rules Legislative Plaza 16 8:00 A.M.
Consumer and Employee Affairs Legislative Plaza 29 8:30 A.M.
Budget Subcommittee Legislative Plaza 29 10:30 A.M.
Industrial Impact Subcommittee Legislative Plaza 16 1:00 P.M.
Government Operations Legislative Plaza 30 1:00 P.M.
Commerce Legislative Plaza 16 3:30 P.M.
General Sub of Agriculture Legislative Plaza 29 3:30 P.M.
Agriculture Legislative Plaza 29 After Sub