|
January
2009:
August
2009:
|
Update from the Hill
February 5, 2010
The
Governor presented his FY 2010/11 budget this week at
his annual State of the State Address on Monday night.
For
the complete text of the address, go to:
Bredesen_2010_State_of_the_State_Address.pdf
To
view the proposed budget and/or the compilation of base
budget reductions go to:
Fiscal Year 2010-2011 Budget Publications
Generally, the legislative reaction to the budget the
Governor referred to as a “commonsense family budget”
has been positive. Governor Bredesen proposed
significant cuts but used reserves to “buy back” some of
the cuts to social services for the next two years. He
also proposed significant cuts to state employees but
used reserves to “buy back” some of those positions as
well.
He
suggested an increase in the drivers’ license fee to
fund some services in the Department of Safety but no
other fee increases were recommended.
He
also suggested a few tax increases, including some cable
and telecommunications taxation and REIT taxation.
These new taxes have not been warmly received by House
or Senate republicans who may cause some friction and
thus a potential $49 million recurring hole before final
passage.
The
budget was the main topic of conversation this week and
will remain the hot topic throughout this session. The
Funding Board is scheduled to meet in early April and is
expected to provide revenue estimates at that time.
Most legislators agree that the budget picture is not
going to improve, and they should go ahead and act on
the budget. Then they can return to their districts to
protect their seats during the upcoming elections.
The
standing committees are also starting to schedule bills
and take votes, and are even talking about shutting down
in late March and early April. This talk bodes well for
an early adjournment, but we shan’t hold our breaths!
February 1, 2010
In
his speech the Governor is expected to acknowledge one
of the most serious financial crises to face the state
in recent memory. He will recognize that the revenue
collections for the last 19 months have been lower than
expected, and that the loss of federal stimulus dollars,
which “bought back” several cuts last year, will make
this the most difficult budget of his tenure.
However, he will also acknowledge that he will not cut
every state program. He is expected to pay special
attention to K-12 education by attempting to provide
additional dollars for the state’s portion of the Better
Education Program. He has also announced publicly that
he will not ask for massive cuts from the Department of
Corrections, which would have necessitated releasing
state prisoners. It is expected that he will address
the need for additional dollars to keep the state’s
pension program whole and to address increased costs for
state employee health benefits.
However, the rest of state government can expect
significant cuts under his proposed budget.
He
is not expected to ask for any broad general increase in
state taxes, but he may suggest some increases in
certain state fees to offset losses to state programs.
Further, he is expected to recommend state employee
layoffs, although the exact number of layoffs is
unknown.
He
is also likely to recommend the use of limited amounts
of the state’s reserve funds to offset some of the
cuts. Overall he must present a budget that balances.
His
speech tonight will not provide all the details that
everyone will be wondering about. Tuesday morning at
8:30 am CST, Finance and Administration Commissioner
Dave Goetz will make a more detailed presentation to the
Senate Finance Committee and many questions will begin
to be answered there. Commissioner Goetz will make a
similar presentation to the House Finance Committee at
2:00 pm on Tuesday and either can be watched via
streaming video at
www.capitol.tn.gov.
As
the committees begin deliberations of the Governor’s
proposed budget, there will be further and much more
detailed presentations about individual agency budgets
where more questions will be answered and facts will be
gleaned.
Tonight is just the beginning of the process, and it
will be a long and arduous process to be sure!
January 11, 2010
Special Session
The
106th General Assembly convenes in Nashville
tomorrow at noon and will move into a special session,
officially known as the “First Extraordinary Session,”
at 4:00 p.m. Governor Phil Bredesen will address the
joint legislature at 5:00 p.m. to detail the reasons for
the special session.
Governor Bredesen issued the
formal call for a special session of the legislature
last Friday. It was crafted with 17 very specific
provisions, mostly related to K-12 education and higher
education in the state, but it also included a provision
related to a troublesome workers comp issue affecting
subcontractors in the construction industry. A copy of
the call is posted on our website, at
www.smithharriscarr.com .
The
workers comp problem surfaced after passage of a bill
last year requiring general contractors to ensure that
subcontractors have workers comp coverage. Many
subcontractors are sole proprietors, who have complained
that the cost of coverage is prohibitive, and the fact
that the construction industry is so depressed is an
additional factor. The requirement became effective on
January 1, but the legislature is expected to repeal it
as soon as possible.
The
primary purpose of the special session is to enable the
state to apply for its share of the federal “Race to the
Top” funding to augment our BEP funds in K-12. The
degree to which teachers should be accountable for
improvement in student test scores will be a source of
major debate for legislators. Although the Governor will
reportedly not push for a merger of the Board of Regents
and the University of Tennessee system, he is also
proposing a number of measures aimed at increasing the
efficiency and cooperation between the two systems of
public higher education.
Theoretically, the special session will last about a
week, but that is not a sure thing. When the special
session ends, the legislature will resume the regular
session. The Governor is expected to present his
proposed 2010-2011 budget to them by February 1.
SHC News
We
are very excited to announce that our partner Meagan
Frazier Grosvenor and her husband Jerry are expecting
their first child on July 10. (Good timing, guys – thank
you!)
And,
last, but not least, we welcome our 2010 intern, Justin
Benjamin, who is a Memphis native, a graduate of the
University of Memphis, and a former intern at the state
legislature.
November 6, 2009
The Budget
Deputy
Governor John Morgan reported this week that the state
is on the verge of its 17th consecutive month
of revenue declines. He went on to say that this is
unprecedented.
This news
follows on the heels of Governor Bredesen predicting
that it will be 2014 before state revenues return to the
2008 levels.
All of this
portends very difficult budget discussions for the
general assembly as the 106th General
Assembly re-convenes in January.
As you may
remember, the current year’s budget was salvaged by the
use of temporary federal stimulus money and, in some
cases, non-recurring state funds. This will make the
shortfall for next year even larger for many state
departments and agencies.
Budget
Hearings
Governor
Bredesen’s annual budget hearings will begin mid-day on
November 16th and proceed until November 23rd.
An official calendar is not yet available, but we will
post it to the front page of our website
(www.smithharriscarr.com)
as soon as it is available.
In advance of
the public hearings, the governor has told state
departments to prepare for a minimum of a 6% cut in
their current budgets with an additional 3% cut to be
very possible. A 9% cut in many state departments would
be devastating for certain programs.
Legislative Hearings
It appears
that the legislative branch has come to the realization
that the holidays are coming! Legislative committees
are meeting fast and furiously. During this week
multiple committees met including fiscal review and
various summer study committees.
Next week
there are more hearings and meetings with many more
scheduled between now and December 20th.
Please stay tuned to the front page of our website for
the latest list of meetings. A list of scheduled
meetings is also available at
www.capitol.tn.gov
along with the option to watch the
hearings on live video stream.
Staying in
touch
We at Smith
Harris & Carr are trying to stay on top of all the
social networking possibilities and make information
readily available to our clients.
As such, we
maintain the website that we have mentioned
www.smithharriscarr.com.
Also, we have
a Facebook page which can be accessed at
http://www.facebook.com/smithharriscarr
You can also
find our newest addition to the social media front….the
Smith Harris & Carr blog at
http://smithharriscarr.wordpress.com/
. With this blog we hope to keep
our followers up to date on the latest happenings around
the plaza. Please expect some serious entries as well
as some silly ones as all of us watch and report on the
crazy events that happen in and around capitol hill.
And if you’re
a “twitterer” you can follow Estie whose name is estieh
or you can follow Meagan whose name is nvillelady.
Stay in
touch!
August 18, 2009
“How Low Can You Go?”
Tennessee continues to make history, but not the kind
that we would prefer!
The
fiscal year 2008-2009 experienced 12 straight months of
negative revenue growth.
Commissioner Dave Goetz reports this is a first since
the state began keeping records.
Year-to-date collections for the previous twelve months
were $1.2 billion less than the budgeted estimate.
Sales tax revenues have experienced negative growth for
17 out of the past 19 months when compared to the prior
year.
The
continuation of this decline in revenues has forced the
administration to hold back approximately $56 million in
appropriations from all state departments and agencies.
All agencies have been notified of what is being “held
back” and the legislature’s finance and fiscal review
committees have been briefed.
Of
course, the continued downturn in revenue does not bode
well for the next legislative session and an anticipated
budget process that will not be a pretty one.
“Run for the round house, Momma, they’ll never corner
you there!”
The
next general election is 15 months away, and it is
already getting plenty of press attention. The
fundraising calls are coming in fast and furious.
As
of today three sitting state senators are running for
governor in addition to a former house of
representatives member, a current mayor, a current
congressman and the son of a former governor. Despite
the state’s dire financial situation, there does not
seem to be a shortage of people who want an opportunity
to lead the state through these troubled waters.
“You’re so special”
A
special election will be held in Shelby County to fill
the vacancy created by the resignation of Sen. Paul
Stanley (R-Germantown). To date, only state
representative Brian Kelsey (R-Collierville) has
announced his intention to run in the special election.
Several other community leaders and legislators have
chosen not to run.
Should Rep. Kelsey be elected to the Senate, a special
election will have to be held to elect a replacement for
him as long as the special election occurs 12 months
prior to the next general election.
Early voting has started in the special election to
replace former State Representative Curt Cobb
(D-Shelbyville). Cobb recently resigned to take the job
as Clerk and Master in Bedford County. His brother, Ty
Cobb is running as the sole democrat to fill the seat.
There are four candidates in the Republican primary, and
one independent running.
All
this moving around is also creating a lot of discussion
about Senate Commerce Committee chairmanship for the
2010 session. At this point, Lt. Gov Ramsey remains
mum on his plans.
“Home is where the heart is”
Speaker Kent Williams had his Chief of Staff Burney
Durham send out a letter to all members of the house
encouraging them to minimize their per diem expenses
during the off session.
The
Speaker suggests that meetings be scheduled for back to
back days when possible and that overnight stays be kept
to a minimum.
July 13, 2009
BUDGET WOES
State tax revenues
continued to decline in June, for the eleventh
consecutive month of the fiscal year. Tennessee sales
tax collections have experienced negative growth for 16
of the past 18 months as compared to the year before.
Overall, June revenues were $134.8 million less than the
state budgeted.
“Governor Bredesen and
the legislature worked together to map a multi-year path
to preserve budget stability, so we are positioned to
weather the economic downturn,” Finance Commissioner
Dave Goetz said. “By maintaining healthy cash reserves
while reducing spending we are able to keep the state’s
budget balanced, but we need to continue to make sure
our spending is in line with collections ongoing.”
EDISON PROJECT UPDATE
Fiscal Review committee met last
week to hear from Comptroller Justin Wilson and
Commissioner Dave Goetz regarding the Edison System. To
watch the update on the implementation of the project go
to:http://wapp.capitol.tn.gov/apps/videowrapper/default.aspx?CommID=53.
ELECTIONS
State Rep. Curt Cobb
has been named Bedford County Clerk and Master by 17th
Judicial District Chancellor J.B. Cox and has resigned
from his House seat. In cases where there is less than
12 months remaining in a term, the county commission
from the previous member's home county makes an
appointment, but, if more than 12 months remain, a
special election is held. Governor Bredesen issued the
writ of election on July 1 to set the primary election
on August 27 and the general election on October 13.
The election is likely to draw significant attention
because of the close party division in the House. Last
November, Republicans gained a 50-49 advantage in the
lower chamber. Cobb’s own brother, Ty Cobb (not to be
confused with the current Rep. Ty Cobb from Columbia),
has announced he will be running for his brother’s seat
as a Democrat.
Other legislators who
have announced they will not be seeking re-election in
2010 include Senator Mae Beavers (R-Mt. Juliet), who has
decided to run for Wilson County Mayor, Senator Tim
Burchett (R- Knoxville), running for Knox County Mayor,
and Representative John Litz (D- Morristown), running
for Hamblen County Mayor.
June 18, 2009
The
first session of the 106th General Assembly
is expected to adjourn today.
Appropriations Bill and Bond Bill
Last
night (and early this morning) the House and Senate
passed a FY 2009-10 budget and a bonding authorization
for FY 2009-10, neither requiring a conference
committee. The appropriations package was the
culmination of several days’ worth of meeting and
negotiation between the Bredesen administration and the
leadership of the Tennessee Senate and the Tennessee
House.
As
passed, the $ 29.6 billion budget is 10.2% smaller than
the current year’s budget. The final product closely
resembles the package that Governor Bredesen
recommended, with a few additions and adjustments made
by legislative action. Some additional appropriations
were made for mental health and children’s services, as
well as a few pet legislative projects. Further, an
addition was made which authorizes the administration to
“impound” up to $55 million worth of expenditures if
revenues continue to suffer. The latter was a proposal
recommended by the Senate Finance Committee last
Friday. Of great significance to Governor Bredesen, his
requested funding of pre-Kindergarten remains intact.
The
final vote on passage of the budget in the House was
85-12. In the Senate the final vote was 32-1.
Omnibus Budget Bill and Technical Corrections Bill
Earlier in the day, the omnibus budget bill and the
Department of Revenue’s technical corrections bill
received final approval and is headed to the Governor.
As you may remember, both these bills had to pass in
order for the budget to be funded. The technical
corrections bill included a series of changes to the tax
codes, and the omnibus budget bill amended various
statutes which will allow some of the cuts proposed by
the Bredesen administration to be implemented.
Charter Schools
In a
surprise move yesterday, the House Education Committee
re-opened and passed out a charter school proposal.
This action also came after several weeks of discussion
between Tennessee education officials, the United States
Dept of Education, and members of the House Democratic
Caucus, among others. Advocates for charter schools are
absolutely thrilled, and the Tennessee Education
Association will live to fight another day.
Registry of Election Finance and Tennessee Ethics
Commission
Legislation also passed yesterday which will merge the
offices of the current Registry of Election Finance,
which governs campaign financing, and the Tennessee
Ethics Commission, which governs lobbyists and employers
of lobbyists. It is being billed as a cost saving
measure but may also be attributed to personality
conflicts between various officials and the recently
terminated executive director of the Tennessee Ethics
Commission.
The
legislation moves the existing six-member Tennessee
Ethics Commission board and their responsibilities under
the new Bureau of Ethics and Campaign Finance. The
bureau will be governed by the current six-member of the
Registry of Election Finance board for campaign finance
compliance and enforcement and by the TEC board for
lobbying compliance and enforcement. Expected savings to
state government are about $350,000 annually.
Activities of the Last Day
The
House and Senate are spending today working off the
remaining items on their calendars. The Senate Finance
Committee has met and taken action on all the various
bills which had been placed “behind the budget.” Those
bills that were funded in last night’s budget passed
out, and the others will remain in Finance to be dealt
with next year.
The
House held a floor session this morning to work through
a few remaining items before recessing until later this
afternoon. Currently, the House Calendar and Rules
Committee is considering legislation dealing with
whether or not state legislators may raise campaign
funds during session when running for an office other
than the General Assembly, such as Governor. (Three
sitting legislators have announced their interest in
running for Governor, as of this date.)
Although tonight’s sessions aren’t expected to drag on
as long as last night, it is still not quite over.
As
always, please feel free to call with any questions or
concerns.
And,
HAPPY SUMMER!
June
12, 2009
This
is now the latest that the Tennessee General Assembly
has been in session since the income tax debate of 2002.
And,
they are coming back next week…………and maybe even the
week after……..
The
House continued to work off its committee and floor
calendars this week. They heard a variety of issues but
took no votes on the budget package.
The
Senate took up the budget package and moved the entire
budget package out of the Senate Finance Committee.
However, the Senate did not work off many of their other
bills, which have been on floor calendars for several
days.
Omnibus Budget Bill & Technical Corrections
Today, the Senate voted on final passage of the omnibus
budget bill, which makes the statutory changes necessary
to implement the reductions in the budget. They also
voted on final passage of the technical corrections
bill, the annual revenue codes re-write.
The
omnibus budget bill passed largely as the administration
had suggested. The technical corrections bill also
passed with the administration’s suggested amendments.
However, the Senate removed the tax on cable boxes and
the increase in the tax on long distance telephone
services.
Both
of these bills passed the Senate floor in a bi-partisan
manner.
If you had items of interest in
either the technical corrections bill (SB 2318), or the
omnibus budget bill (SB 2357), we strongly suggest that
you go to the legislature’s website at
www.capitol.tn.gov and review
the amendments which were adopted to the bills.
Appropriations Bill
On
Wednesday, the Senate Finance Committee considered the
Governor’s appropriations bill and the administration
amendment. After hearing the presentation, Sen.
McNally, on behalf of the Senate Republican Caucus,
offered an amendment which cut an additional $100
million from the Governor’s budget. Nothing was
shielded from the additional cuts including pre-K,
HIV/AIDS funding, and most every capitol project. After
reviewing the Republican alternative, the committee
adjourned for the evening. During press availability
later that evening and the next day, Governor Bredesen
and leading Senate Democrats referred to the Republican
alternative budget as “stupid.”
On
Thursday, the Senate Finance Committee scheduled and
delayed several hearings on the appropriations bill
while meetings were being held among leadership and
finance committee officers. The Senate Floor sessions
were also scheduled, but each time they were delayed
because of business before the finance committee.
Today Sen. McNally offered an amended version of the
Senate Republican Caucus amendment to the Governor’s
appropriations bill. Although there were still many
cuts, several of the more prominent items including the
West Tennessee Economic Development Mega site, the Solar
Farm and the HIV/AIDS funding were recommended for
restoration. A great deal of discussion occurred around
poison control center funding, but it was not ultimately
restored. After adopting the administration amendment
as amended by Sen. McNally’s amendment, the Senate
Finance Committee voted out the appropriations bill on a
straight party line vote.
A
real bone of contention for Governor Bredesen remains
the fact that the Senate Republican Caucus budget
amendment makes the pre-K funding non-recurring.
The
appropriations bill is scheduled for consideration on
the Senate floor next Tuesday.
The
House is expected to take action on the entire budget
package next week.
The
big question on everyone’s mind is whether or not a
conference committee on the appropriations bill will be
required. If the bill goes to conference, the session
may not end next week.
Because of the late sessions, and many bills which were
considered by the Senate today, the weekly reports will
be emailed on Monday. If you have any specific
questions, please don’t hesitate to contact us.
Next
week’s schedule begins on Monday with a House Budget
Subcommittee meeting. We are hopeful that they will
begin work on the budget package at that time. Also on
Monday, Senate Finance will meet to take up the bills
which were placed “behind the budget.”
Both
the House and Senate go back into floor session on
Tuesday of next week.
June
5, 2009
There were encouraging signs this week of an end
nearly in sight to the 2009 legislative session.
A
revised amendment for the omnibus budget bill was
circulated, although language troubling to mental health
advocates remains. The issue is “suitable
accommodations” and what happens to potential
involuntary commitments when the state mental health
institutes determine that they are unable to accept new
patients. The omnibus bill must pass in order to
balance this year’s state budget, where the shortfall in
expected revenue continues to grow monthly.
The
“technical corrections” amendment was also unveiled this
week, which is much later than usual. It contains a
variety of housekeeping changes to the tax code as well
as new tax policy. At 72 pages long, it will
undoubtedly generate discussion and perhaps controversy
as legislators and the administration struggle mightily
to produce a balanced budget for the fiscal year that
begins on July 1.
Additionally, the administration amendment to the
appropriations bill was released making the necessary
changes to accommodate the revised budget priorities as
well as providing funding for some legislation which has
passed or is expected to pass. There were no real
surprises in this document. The legislature will review
this amendment, and then they will likely also adopt
their own amendment making a few further changes.
“Flo-mo,” as some call it, has kicked in on the House
side allowing bills to move through the Budget
Subcommittee, the House Finance Committee, and the
Calendar Committee all on the same day. A number of
Senate rules have also been suspended. The rules
changes enable the legislative process to flow more
smoothly and more quickly as the number of issues at
hand diminishes. Of course, those that remain are the
really hard ones.
Speaking of contentious issues, the judicial selection
issue seems to be nearing the end. The House version of
the bill contains one item which is different from the
one the Senate approved. At this point the plan
includes a 17-member Judicial Nominating Commission
appointed by the two speakers. The commission will offer
a panel of three names to the governor for any judicial
vacancy. The House removed a provision that would allow
the Governor to “reach down” past the recommendations
made to him to choose among all of the applicants. The
bill remains on the Senate Message Calendar awaiting
action.
Despite the progress, it appears the session will not
end before the week of June 15. In addition to the
normal (and sometimes excruciating) processing required,
next week is the Country Music Festival in Nashville,
and many legislators have reported difficulty in lining
up hotel rooms on Thursday and Friday nights..
We
are betting on an end by June 18.
May 21, 2009
Revenue Collections
Those responsible for collecting revenues in Tennessee
are beginning to hum the words to that famous Ray
Charles song….”If it wasn’t for bad luck, ya’ll….oh ….I
wouldn’t have no luck at all.”
State tax revenue in April came in nearly $200 million
less than budgeted; resulting in a total gap in
collections so far this fiscal year of nearly $900
million.
All
this bad news is making it really hard for the
legislature to wrap their arms around the Governor’s
original proposed budget and figure out where additional
cuts can be made. There is general uncertainty in all
things financial at this point, and no one feels safe
from the budget cutting scalpel.
The Budget Process
Along these lines, the administration floated the
“omnibus budget amendment” this week which involves
changes to various parts of the code to implement cuts
expected as a part of the budget process. There is
something in this amendment for everyone to hate. A
copy of the amendment was posted on Sen. Democratic
Leader Jim Kyle’s website at
http://www.capitol.tn.gov/senate/members/s28.html.
The
annual Department of Revenue’s “technical corrections”
bill also got put on calendars this week, but no action
was taken. Commissioner Farr is continuing to refine
the language of the amendment, and we will share it when
available.
So
far, the appropriations bills have not been put on any
calendar, but we can expect them to make an appearance
in the next couple of weeks. Budget amendment deadlines
have long passed, and many amendments were filed,
although the prospects of making significant changes in
this financial situation are daunting.
When are they going home?
Several standing committees in the House and Senate,
other than the Finance Committee, are starting to shut
down and next week is expected to be the final meeting
of several more. However, despite all these good signs
the conventional wisdom is that the legislature will be
in session until mid-June.
REMINDER:
May
15th is the deadline for filing the
Semi-Annual
Lobbying Expenditure Report. If you have not yet filed
your report, please do so before close of business
tomorrow. You may call us with any questions.
March
22 , 2009
REVENUE
In
what seems to be a recurring theme for our state, the
February report showed January tax revenues down 9% from
budgeted estimates. The report is the seventh month in
this fiscal year that sales taxes and corporate income
taxes have shown negative growth compared to a year ago
and the twelfth negative growth month for sales tax
collections. Year to date collections for the first
seven months are nearly $600 million below budgeted
estimates.
The
General Assembly is anxiously awaiting the Governor’s
budget proposal, which is expected to be presented on
March 30th. In the interim, the committees
are hearing bills which do not have significant fiscal
impact to state or local governments.
Most
committees are simply deferring any hearings on bills
with significant fiscal impact knowing that their
ultimate passage is not likely.
BILL FILING
The
Governor’s administration package of over 100 bills was
introduced on the final day for filing bills. His
package includes bills on every subject from the
Tennessee Judicial Selection process to pre-kindergarten
programs to restaurant menus and calorie content. There
seems to be something for everyone to either love or
hate. Of some interest may be the sponsorship of the
administration package. Every one of the Senate bills
lists Sen. Jim Kyle, the Senate Democratic Leader, as
the main sponsor. It is expected that he will “divvy”
the bills up among other Democrats. However, every
House bill lists Rep. Mike Turner, House Democratic
Caucus Chair, as the prime sponsor. Historically, the
House Democratic Leader would be the sponsor of the
Governor’s package, but a rift between Rep. Gary Odom,
House Democratic Leader, and Governor Phil Bredesen has
apparently resulted in a break with tradition.
The
administration budget bill will be SB 2304 / HB 2223 and
the ever-important Department of Revenue Technical
Corrections bill appears to be SB 2318 / HB 2275. If
there are question about these bills, or others, please
let us know.
HOUSE UPHEAVAL
The
new “Willy Wirehand” book of legislators lists Speaker
Kent Williams as a “Carter County Republican,” which is
the party affiliation he prefers. Although Robin Smith,
Executive Director of the Tennessee Republican Party,
has declared that Speaker Williams was no longer a party
member, he continued to attend House Republican Caucus
meetings. Last week, Republican Leader Jason Mumpower
also declared that Speaker Williams was no longer
welcome in House Republican Caucus meetings. Shortly
after Leader Mumpower’s announcement, Rep. Joe McCord
(R-Maryville) announced the formation of the House Rural
Republican Caucus and invited Speaker Williams to join.
It is clear from these machinations that the raw
emotions as a result of Speaker Williams election have
yet to heal.
LEGISLATIVE OFFICES
It
has been quite confusing trying to find legislative
offices since the recess ended. The Senate Republicans
have now settled into their new Legislative Plaza
offices and are enjoying the convenience of being
located in close proximity to the Lt. Governor and the
Senate hearing room. At the same time, the Senate
Democrats are enjoying being in the relative quiet of
the 3rd floor of the War Memorial Building
and having windows, for a change. For the most part,
everyone seems settled.
On
the House side, there is still some adjusting as Speaker
Williams decided that offices did not have to move from
their 105th General Assembly locations. So,
it’s still mainly Democrats that are located in the
Legislative Plaza with a few Democrats and virtually all
the Republicans located in the War Memorial Building.
ISSUES OF INTEREST
As
expected, various bills on the subject of guns are
moving in both the House and Senate. Bills dealing with
carry permit holders carrying in a variety of places,
including state parks and bars, are moving through the
House subcommittee and committee process as well as the
Senate committee process.
Also, SJR 127, on the subject of abortion, has been
introduced and is on notice for Senate hearing this
week. Additionally, the House Health Committee is
holding a hearing on all bills dealing with reproductive
rights, including four HJR’s that are similar to
SJR127. A number of bills dealing with the subject of
abortion are expected to pass during this General
Assembly.
January 16, 2009
In
a very surprising move, the House of Representatives has
elected State Representative Kent Williams as the House
Speaker of the 106th General Assembly. The vote was
50-49 with all 49 democrats and Rep. Williams voting for
Williams. The remaining 49 Republicans voted for Jason
Mumpower, the Republican Leader of the 105th General
Assembly and expected Speaker of the 106th General
Assembly.
Mumpower was nominated by Rep. Charles Sargent
(R-Franklin) and Rep. Susan Lynn (R-Lebanon). Williams
was nominated by Rep. Gary Odom (D-Nashville) and Rep.
John Litz (D-Morristown).
Immediately after the vote, Rep. Williams was sworn in
by Chief Justice Janice Holder. Then, a 30 minute recess
was requested and received.
Upon the conclusion of the recess, the House will
proceed to vote on the office of Speaker Pro-Tempore of
the House. That office was expected to go to Rep. Steve
McDaniel (R-Parkers Crossroads) but at this point it is
anyone’s guess!
As expected, the Senate elected current Lt. Gov. Ron
Ramsey to a second term.
After the surprise election of Rep. Kent Williams as
House Speaker, there were two nominations for Speaker
Pro Tem.
Current Speaker Pro Tem Lois DeBerry was nominated by
the House Democrats for another term, and Rep. Jason
Mumpower asked for a brief recess for the Republican
Caucus. When they returned to the House chamber, Rep.
Beth Harwell was nominated by the Republicans for the
post. This was also something of a surprise because Rep.
Steve McDaniel had been considered the likely Speaker
Pro Tem candidate of the Republican Caucus.
Rep. DeBerry was elected by a 50-49 roll call vote with
the support of a lone Republican, newly elected Speaker
Kent Williams.
Speaker Williams took over the gavel from former Speaker
Naifeh and made brief remarks, promising to lead in a
bipartisan fashion, to appoint committee chairs based on
seniority and ability, with some emphasis on "ability,"
and offering some assurance to anxious House staff
members that their jobs were secure.
Despite
Tuesday’s turn of events, the Republicans were
successful in electing their caucus nominees for the
state constitutional offices. Tre’ Hargett, a former
Republican legislator recently named to the Tennessee
Regulatory Authority, defeated the sitting Secretary of
State, Riley Darnell, by 9 votes. Representative Dennis
Ferguson was the only Democrat to vote for Hargett .
Justin
Wilson was elected to the office of Comptroller of the
Treasury. The strictly party line vote helped to defeat
John Morgan, who has held the position since 1999.
Treasurer Dale Sims lost his position to David Lillard,
an attorney and county commissioner from Memphis, on a
party line vote as well. They were sworn into office on
the House floor by Tennessee Supreme Court justice Bill
Koch immediately following their elections.
The
members return in regular session on February 9 at 5p.m.
The Senate announced committee leadership and
assignments on Thursday. Please click
here
for a complete list of committee assignments. The
Senate’s bill "early" cutoff date for the filing of an
unlimited number of bills is February 12, and
the "nine-bill" cutoff date is February 26. The House
committee assignments have yet to be determined.