The Capitol Hill Review "The Weekly Wrap"
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Capitol Hill Review
| Review weekly from January Its a wrap-up of weekly committee work, and find out which bills have passed or have been defeated this week in the Tennessee legislature. In addition, you'll also receive e-mail alerts and Susan's guest columns that are submitted to statewide media. |
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As lawmakers enter the homestretch of the first legislative session of the 106th General Assembly, House
lawmakers began a thorough review of the budget this week. In a presentation to the House of Representatives
on Wednesday, Department of Finance and Administration Commissioner Dave Goetz emphasized the
increasingly dismal revenue numbers as a reason for the deep cuts presented in the new budget proposal.
Revenue continues to drop
Although the state’s revenue has been declining since the beginning of 2008, revenues for the last few months
have been particularly low. The decline in sales tax revenue had been a fairly steady 6 percent until it accelerated
last month and dropped to an approximate 10 percent decline. Making matters worse are declining revenues on
big ticket items such as homes and cars.
Commissioner Goetz outlined that the technical corrections bill, which legislators have yet to see. Prior of
Revenue Commissioner Farr, the technical corrections bill was literally technical corrections needed in the code.
Since Farr, the bill has become a revenue enhancement bill. Goetz stated that this bill will produce roughly $63
million through closing tax “loopholes” and increasing a myriad of fees on various services and industries.
While the Administration is arguing that these increases will offset other cuts, House members are concerned
that some of the provisions are far-reaching. Others place an increased burden on small businesses, which are
already facing difficulties with the struggling economy.
Reserves in good shape, stimulus money should plug holes
The state’s various reserves accounts are in good shape, with the state’s Rainy Day Fund standing at $750 million.
The federal match for TennCare has also increased, freeing up more state dollars to be directed elsewhere. The
Administration is proposing to use the stimulus funds to plug holes, but concerns have been raised about that
tactic. The stimulus is essentially one time money, but the Administration has proposed using some of it to fund
recurring items in the budget—something House members have cautioned against doing since February.
Reductions
Overall, the budget as proposed reduces recurring state spending by roughly $240 million with $523 million in one-
time expenditures from the federal bailout used to fill in other expected cuts. With the state facing at least a $1.2
billion shortfall, the difference will be made up by tapping into reserves.
Despite efforts to avoid lay-offs, the budget as proposed includes them. The Administration proposes laying off
717 current state employees, and eliminating another 656 currently vacant positions. Employees will be offered a
severance package, including 9 months healthcare coverage, and two years tuition to a state university.
The reduction in spending is needed to balance the state’s budget despite the influx of over $5 billion in federal
stimulus funds over the next two years. Most of those funds are required to be spent for specific purposes like
energy-saving initiatives, road construction and education, with only a small portion available to help
economically distressed states meet their budget needs. Other stimulus funds have strings attached which
require some states to spend additional money to access available stimulus dollars. The stimulus funds will dry up
by 2011, making next year’s state budget even more challenging to meet recurring state government expenses.
The budget is typically among the last bills passed by the legislature before adjournment. The General Assembly
will carefully review language in the amendment in the House Finance, Ways and Means Committee next week
and make any needed changes before the bill goes to the full body for final consideration.
Judicial selection process reformed
legislation passes Senate, House on Thursday
The House approved legislation Thursday, after a lengthy debate, that reforms the selection process for the state’
s appellate and Tennessee Supreme Court judges. The debate centered over those that believe we should adhere
to the state Constitution; while others believe that campaign finances would hinder the impartiality of judges that
run for office statewide. Legislators have debated the issue for nearly 16 weeks in the committee system, hearing
testimony from dozens of attorneys, former judges, current judges, and scholars. The Judicial Selection
Commission, a component of Tennessee’s current plan for appointing judges, is set to expire next month.
The bill, Senate Bill 1753, sets up a new nominating commission with fewer attorney members and less special
interest input. Lawmakers indicated they would still pursue a separate measure that would call for a
Constitutional Convention to let the people decide whether or not they want to elect the judges or opt to
continue a system of nomination by a commission, followed by a retention vote from voters.
Tennessee’s Constitution says judges must be “elected by the qualified voters of the state.” The lengthy debate in
the legislature has focused on whether or not the selection process with a retention vote meets that test, with
detractors saying that it blatantly violates the constitution.
The legislation provides for a 17-member Judicial Nominating Commission that would have at least 10 attorney
members. After being appointed through this process, the judges would stand for approval by the voters who
could decide whether or not to "retain" or "replace" them, a move that proponents say is more clean than the
current ‘yes’ or ‘no’ on the ballot regarding the retention of judges.
If voters decide to replace a judge, an interim judge would be appointed by the governor until the next election.
At that point, the people could decide who would fill the slot through a popular election, which is the same
process by which the state’s trial judges are currently selected.
The bill also bans lobbyists or employers of lobbyists from serving on the Nominating Commission. Finally, the
legislation provides public access to every aspect of the nominating process, making the process more
transparent than ever before.
I voted to support the Constitution by making judges run for contested elections. The voters should have a say as
to whether to change the Constitution so that judges can be appointed - until then, we should follow the state
Constitution.
House approves resolution declaring
state sovereignty
Tennessee joined eight other states this year in moving forward with a resolution to declare sovereignty under
the Ninth and Tenth Amendments to the United States Constitution. This week, my House Joint Resolution 108
cleared the House floor with a vote of 85 ‘ayes’ and 2 ‘no’ votes.
The resolutions have been filed in response to what many state lawmakers believe is an increased level of fiscal
irresponsibility on the federal level, and over-reaching by the federal government. Lawmakers in Tennessee
argued that the federal government has handed down a series of unfounded mandates and directives that are
dangerously close to violating the Ninth and Tenth Amendments of the Constitution.
Having passed the House, House Joint Resolution 108 will now be presented in the Senate by state Senator Jamie
Woodson.
Religious Freedom Restoration Act Passes House
My bill, the Religious Freedom Restoration Act, passed the House on Thursday. The act restores the standard of
“compelling state interest” that has historically protected religious freedom.
There is a long legal history on concerning this issue but essentially in 1990 the Supreme Count decided in
Employment Division vs. Smith that the First Amendment should only protect religious exercise from laws
expressly targeted at religion.
So in 1993, the Congress passed the Religious Freedom Restoration Act in an attempt to make it clear that First
Amendment Rights should be protected unless the government has a “compelling state interest” and that the
law is narrowly tailored to achieve that interest.
But in 1997, the Court declared that the federal RFRA was being unconstitutionally applied to the states and was
an overreach of Congressional power - it stated that the law infringed on the prerogative and general authority
of the states to decide such matters for themselves (City of Boerne vs. Flores).
Since that time states have worked to restore the standard of compelling state interest by passing state level
RFRA’s - and that is what I hope we can accomplish here today.
Residents of Wilson County will remember how recently a local public elementary school made students cover up
words mentioning God on their hand made posters such as the words “under God”. Parents sued to fight the
censorship and won their lawsuit against the school system.
This bill clarifies the law; no school can make children arbitrarily cover up religious words - the state must have a
“compelling state interest” to force censorship of students’ work. Threatening or profane words would be an
example of when censorship is typically appropriate.
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House of Representatives CAPITOL HILL REVIEW A weekly wrap-up of legislative news May 25th – 29th, 2009 |