A Recap of the 2023 Tennessee Legislative Session

JUSTIN OWEN

BY JUSTIN OWEN, President and CEO, The Beacon Center, April 26, 2023 - The first session of the 113th Tennessee General Assembly has adjourned. While this session received much infamous national attention, I am proud to say that important work still got done to protect Tennesseans’ freedoms. Here is a look at the priorities advanced by our advocacy partner Beacon Impact that passed this year.

Largest single tax cut in Tennessee history: In January, Beacon’s Entrepreneurship & Innovation Council outlined a series of tax reforms that would make our state more competitive and business-friendly. Soon thereafter, Gov. Bill Lee and legislators proposed legislation adopting each of our tax recommendations, all of which ultimately passed. As a result, more than 140,000 small businesses no longer have to pay the state’s business/gross receipts tax, and the top tax rate for other businesses was cut by 37%. 

Another reform makes filing personal tangible property tax returns easier on small businesses by streamlining their paperwork, which can often cost more to comply with than they pay in the tax itself. And last but certainly not least, Beacon has long called on the legislature to fix Tennessee’s anti-competitive franchise and excise tax, which is tied for the highest corporate tax of all bordering states. Gov. Lee’s reform package fixed that problem. Along with a one-time grocery tax holiday of three months, these reforms returned $400 million in tax cuts to taxpayers this fiscal year and $150 million in ongoing tax cuts each year thereafter.

Expansion of parental choice: The legislature expanded the state’s education savings accounts program to families in Hamilton County, which has the third-highest number of failing schools after Shelby and Davidson County. And now families who previously qualified for the ESA program will be grandfathered in even if they no longer qualify because the program was held up by legal attacks for two school years. As a result of these changes, thousands more families will have access to schools that better meet their children’s needs. This is great progress, and we will continue to fight until every single Tennessee family has access to a quality education. 

Protecting worker freedom: On the heels of the Beacon-led effort to enshrine right-to-work in our state constitution, the General Assembly continued to enact legislation to protect Tennessee workers. Amid attempts by labor unions and federal politicians to strengthen union power in the workplace, a new law will require any company receiving more than $25 million in state tax incentives to protect workers’ rights to a secret ballot in unionization efforts. Unions will no longer be allowed to become certified by the card-check method that is rife with abuse and intimidation.

Another new law proposed by Gov. Lee prohibits the practice whereby local school districts use taxpayer money to collect teachers’ union dues directly from their paychecks. Beacon Impact has worked for three years to stop this practice so that teachers can keep their hard-earned money and taxpayers aren’t paying to collect dues for a political organization that does not align with their values. 

Making government work better: Beacon has been raising the alarm about local governments enacting zoning and property use changes as soon as they are merely proposed and without ever casting a vote. To end that practice, the legislature overturned a Tennessee Supreme Court doctrine known as the “pending ordinance doctrine.” Now, any change affecting Tennesseans’ personal or business property can only be imposed once it passes the local legislative body.

Another bill brought by our allies at the Institute for Justice allows food trucks to obtain a single statewide fire permit rather than having to go from city to city to obtain individual inspections for each city they may operate in over time. This drastically reduces the time and cost for these entrepreneurs to operate since their business is by its very nature mobile. 

Healthcare reform: The legislature continued the process of reducing the impact of certificate-of-need laws by merging two state boards that have oversight over new healthcare facilities and services. Another bill that passed will make it easier to access telehealth services for behavioral health. These reforms directly impact healthcare cost and access, issues that came up during Beacon’s statewide listening tour last year.

The above was reposted from The Beacon Center blog. Visit The Beacon Center at this link.

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Tennessee has collected $1.2B more than estimated in revenue this fiscal year

By Jon Styf | The Center Square,  Dec 13, 2021 - Tennessee has collected nearly $1.2 billion more than budgeted in revenue so far this fiscal year, according to numbers released Monday from Department of Finance and Administration Commissioner Butch Eley.

The revenue collections mainly come from state taxes, such as sales and corporate tax, along with fees.

Tennessee collected $1.4 billion in revenue in November; nearly 22% higher than what was collected in November 2020.

The Tennessee State Funding Board determines revenue estimates and can adjust the estimates during the fiscal year. Additional funds brought in by the state can be appropriated to state projects, which is what happened with the recent special session to approve $884 million in incentives for Ford’s $5.6 billion electric truck development in west Tennessee.

Tennessee beat its initial budgeted estimates by $3.1 billion last fiscal year and beat its revised estimates by $2.1 billion, according to Sycamore Institute.

September has represented the largest overage of tax collections compared with estimates this year at $378 million more than estimated.

“We continue to be encouraged by the strong sales and corporate tax growth exhibited in the month of November,” Eley said. “Sales tax receipt growth, which represents taxable sales activity in October, remained elevated for the month even as the state begins to compare similar collections that were higher in the past year due to recently enacted internet and remote sales tax laws. All other taxes, taken as a group, exceeded the November estimate as well.

“While the economic progress and revenue growth the state has experienced year-to-date has been remarkable, we remain concerned over the sustainability of such high growth rates and will continue to monitor economic activity and revenue trends to ensure fiscal stability.”

Tennessee collected $182.3 million more than estimated in sales taxes during November, while the general fund collected $266.4 million more than estimated.

The state has collected $1.189 billion more than estimated through four months on the fiscal year, on an accrual basis, with $1.112 billion more in the general fund and $77 million more than estimated in four other funds that receive sales taxes.

Franchise and excise taxes were $81.8 million more than estimated for the month and are $401.4 million more than estimated for the fiscal year.

Gasoline and motor fuel taxes were $4 million more than the budgeted estimate of $101.1 million and are $14.1 million more than estimated for the year.

Other totals collected that beat estimates were: tobacco tax ($1.8 million above), privilege tax ($10.7 million above), business tax ($900,000 above) and mixed drink, or liquor-by-the-drink, taxes ($7 million above).

Vehicle registration fees ($900,000 less) were below estimates.

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109th General Assembly adjourns with tax reduction and public safety highlighting final week of legislative action

 Several members of the State legislature produce an email newsletter with almost the same verbiage word for word. This is from Senator Jim Tracy.

The 109th General Assembly adjourned on April 22, 2016 to become a part of Tennessee history with the last week of legislative action seeing passage of some of the most important bills of the 2016 session.  This includes legislation to phase out the Hall Income Tax, a bill to aid 100 percent service-related disabled veterans and the elderly disabled with property tax relief, the Public Safety Act to reduce crime and improve public safety, and the Rural Economic Opportunity Act to spur economic development in some of Tennessee’s most economically distressed counties.  The Senate also approved major legislation cracking down on drunk drivers and a key bill to address opioid abuse in Tennessee.

On the final legislative day, the General Assembly approved historic legislation reducing the Hall tax rate from 6 percent to 5 percent, a seventeen percent cut from the total dollars collected by the state for fiscal year 2016.   Senate Bill 47 calls for an annual reduction of at least one percent until the tax is eliminated.  Furthermore, the bill provides that by January 1, 2022, the Hall Income Tax will no longer be collected and eliminated as a legal means of taxation in Tennessee.

The General Assembly also approved Senate Bill 1796 before adjourning, which increases property tax relief for 100 percent service-related disabled veterans, and/ or their widows or widowers, by repealing the income cap that was put in place last year.  The legislation also raises the property value limit for the elderly disabled from $23,000 to $23,500.

2016 legislative session see passage of major legislation strengthening Tennessee’s DUI laws

The State Senate passed legislation in the closing week of the 2016 legislative session creating stricter penalties for DUI offenders in a year that has seen major legislation strengthening Tennessee’s drunk driving laws.   Senate Bill 2065 requires a judge to order an ignition interlock device for all convicted DUI offenders unless the judge provides a finding of fact for not ordering the device.  

Although Tennessee currently mandates the use of ignition interlock devices, there is only about 15 to 20 percent compliance rate with the law because judges must provide a reason why the device should be placed on a DUI offender’s vehicle.  This legislation flips that requirement by providing that a judge must state findings of fact on why an interlock device should not be installed on the offender’s vehicle.  

Under the bill, offenders must have the ignition interlock devices in their car and operating for 365 consecutive days or for the entire time their license is revoked, whichever is longer.  To ensure compliance, the legislation establishes penalties for the unauthorized tampering or removal of the interlock device.  If the device is removed during the 365-day period, the offender must start over until it is served consecutively.

Similarly, if there has been any tampering with the device in the last 120 days of the sentence, the legislation provides that the period for which the interlock system is required will be extended by another 120 days.   

The bill prescribes an additional $12.50 fee to the offender for administrative costs.

The Tennessee Senate also passed Senate Bill 35 this week prohibiting those convicted of vehicular homicide by intoxication from being eligible for probation. 

Other key bills addressing drunk driving offenses approved by the legislature this year include:

• ·      Senate Bill 1572 which elevates a DUI offense for those convicted six or more times from a class E felony to a class C felony and requires prior convictions for alcohol-related vehicle offenses, including those committed out-of-state, to be counted as prior convictions;
• ·      Senate Bill 2576which requires immediate sharing of an impaired driver’s DUI arrest and conviction history with law enforcement, the courts and the National Crime Information Centers, making the information accessible by law enforcement officers in their squad cars to check the criminal background of arrestees;
• ·      Senate Bill 2577 which calls for timely transmission of fingerprints taken for vehicular impairment offenses;
• ·      Senate Bill 1582 which allows judges to order any device necessary to ensure that the offender complies with probation conditions and a clinical assessment to better cover driving under the influence of drugs;
• ·      Senate Bill 2399 which authorizes the use of the state’s Interlock Assistance Fund for transdermal monitoring devices or other alternative alcohol or drug monitoring devices when a court determines that an offender is unable to pay for it; and,
• ·      Senate Bill 1730 which creates a Driving Under the Influence (DUI) memorial signing program to erect and maintain memorial signs on the non-interstate highways commemorating residents who died as a result of DUI related incident.

In 2015, 267 people died on Tennessee roadways from alcohol related deaths, accumulating 27.8 percent of all traffic fatalities that year. 

Major legislation to reduce crime passes legislature

The Tennessee Senate approved major legislation this week which aims to reduce crime and improve public safety.  The Public Safety Act of 2016 addresses the most serious offenses driving Tennessee’s violent crime rate by establishing mandatory minimum sentences for those convicted of three or more charges of aggravated burglary, especially aggravated burglary, or drug trafficking.  A burglary is considered especially aggravated if the victim suffers serious bodily injury during the offense.

Under current law, those convicted three times or more of aggravated burglary and especially aggravated burglary must serve only 30 percent of their sentence before being considered for release or parole.  The act sets the mandatory minimum period of incarceration to 85 percent for third and subsequent convictions for aggravated burglary, especially aggravated burglary and Class A, B, and C felonies for the sale, manufacture, and distribution of controlled substances. 

To update the law and help control costs, the legislation also changes the felony thresholds for property theft for a Class A misdemeanor from $500 to $1,000, Class E felony from $500 to $1,000 to a range of $1,000 to $2,500 and a Class D felony from $1,000 to 10,000 to a range of $2,500-$10,000.

On domestic violence, the legislation will allow a law enforcement officer to seek an order of protection on behalf of a domestic abuse victim. Additionally, if a law enforcement officer makes an arrest for a crime involving domestic abuse, then an automatic order of protection will be issued when there is probable cause to believe that the alleged assailant used or attempted to use deadly force against a domestic violence victim. A hearing should be held within 15 days of the automatic order of protection being issued.

A third and subsequent domestic violence conviction would change from a misdemeanor to a Class E felony under the legislation. This change maintains the current minimum 90-day sentence for a domestic violence conviction.

In addition, the measure retools community supervision to reduce the number of people returning to prison for probation and parole violations when their noncompliance does not rise to the level of a new criminal offense.  The move is expected to save the state $80 million. 

Of the 12,588 people entering state prison last year, 40 percent were probationers or parolees sent to prison because they violated supervision conditions.  This legislation authorizes the department to utilize a robust, structured matrix of both sanctions and incentives to facilitate compliance with the conditions of supervision by the more than 71,000 state probationers and parolees.

The bill is funded by an $18 million appropriation in the state budget which passed the General Assembly last week. 

In Brief…

Pharmacies / Robberies -- The State Senate passed legislation this week to help tackle the issue of drug abuse and pharmaceutical robberies across the state.  Between 2006 and 2010, pharmaceutical robberies rose 81 percent nationally and Tennessee is ranked 5th in most cases.  Senate Bill 593 will enhance the sentencing of robbery, aggravated robbery or especially aggravated robbery on the premises of a licensed pharmacy with the intent to obtain controlled substances unlawfully.  The bill comes after a series of robberies, including one in Bean Station in 2013 that resulted in the deaths of a pharmacist and patient and left two clerks severely injured.  States with similar laws indicate a massive reduction in these types of robberies.  The bill is now awaiting the signature of the governor before becoming law. 

Rural Economic Opportunity Act -- The General Assembly passed significant job creation bill in the last week of legislative action to spur economic development in some of the state’s most economically distressed counties.   Twenty-one of Tennessee’s 95 counties are considered economically distressed, meaning that they are in the bottom 10 percent nationally in terms of unemployment, per capita income, and poverty. 

The “Rural Economic Opportunity Act of 2016” has two components that aim to alleviate unemployment in these areas by supporting jobs and economic development.  This includes implementation of the “Propelling Rural Economic Progress” (PREP) program that would create a grant fund to aid rural counties in building sites and infrastructure to incentivize businesses to develop in their region.

The second component of Senate Bill 2538 restructures the county tier system used for determining whether a company looking to locate or expand operations is eligible for job tax credits.  This legislation would lower the job creation threshold to 20 in tier three counties and 10 in the additional fourth tier, used for the economically distressed counties.  Tax credits help fuel company expansion by rewarding job creation based on the number of positions created, amount invested, type of business and location.

Small Business / SBIR / STTR Grants -- The Senate passed legislation this week to aid small technology businesses across the state.  Senate Bill 2606 seeks to take advantage of small business innovations and federal Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) grants.  It would allow the Tennessee Technology Development Corporation, now known as LaunchTN, to have the authority to establish an applied research and developmental finance program to provide matching grants to small technology businesses.  Fifteen other states, including Virginia and Kentucky, have taken advantage of the US Small Business Administration match-granting program and this legislation will make Tennessee more competitive with the neighboring states. 

STEM Schools – The last week of legislative action saw passage of Senate Bill 1598 which simplifies the transfer of students, and the BEP funding that follows them, to regional Science Technology Engineering Mathematics (STEM) Schools.  Strong student performances in STEM education are vital to Tennessee’s future well-being. STEM knowledge is a core requirement for careers in some of the fastest-growing industries across the Volunteer State and is closely linked with our economic strength and competitiveness.

Federal Refugee Program – The Senate adopted a House amendment and sent to the governor legislation which urges Tennessee’s Attorney General to commence legal action in response to the federal government forcing Tennessee to spend state dollars for the Refugee Resettlement Program.  If the Attorney General does not commence civil action, Senate Joint Resolution 467 gives the General Assembly the authority to retain outside counsel for this purpose.  Recently, high ranking officials in Washington have cast doubt on the screening process.  Instead of the vetting process taking 18 to 24 months which the Obama administration said was proof of how through the process was, it has now been announced that Syrian refugees will be on American soil within 90 days. 

Lifetime Handgun Permits -- Legislation passed the General Assembly this week that reduces the lifetime handgun permit fee.  Senate Bill 1477 reduces the fee from $500 to $200 for current permit holders.  First-time applicants would pay the $115 fee currently in effect, plus $200 for a lifetime handgun permit.  The legislation takes effect January 1, 2017 in order to make the changes necessary to the computer systems in order to properly process the permits. 

Retail Accountability Act – Legislation passed the State Senate this week making changes to the state’s Retail Accountability Program (RAP).   The law was first passed in 2012 to ensure that the taxes paid by consumers for beer and tobacco products are properly submitted to the state by requiring wholesalers to report to the Department of Revenue what is sold to retailers.  In the first two and a half years of the program, the state has collected an additional $60 million in previously unreported sales tax revenue, which prompted an expansion of the program last year.  However, the Department of Revenue’s implementation of the expanded program was more far-reaching than legislators intended. Senate Bill 2570 more clearly defines the scope of the program, including exempting perishable groceries and frozen foods from the reporting process and creating a sunset deadline for the legislature to evaluate the program’s effectiveness at a later date.  It also calls for a change from monthly to quarterly reporting. 

Marijuana Oils and Concentrates -- Legislation passed the State Senate this week clarifying that marijuana concentrates and oils are defined as marijuana and are under the state’s Tennessee Drug Control Act.   The existing statute is not current with the recent increase in different and dangerous forms of the drug.  Senate Bill 1189, which works to correct that, now goes to the governor for his signature.

UTK Office of Diversity / Minority Scholarships -- This week, the Senate Education Committee passed legislation taking $436,000 from the Office of Diversity and Inclusion at the University of Tennessee at Knoxville (UTK) and using it for scholarships in a minority engineering scholarship program.  Senate Bill 1912 reallocates the salaries of the four employees in UTK’s Office of Diversity and Inclusion for the fiscal year of 2016-2017 for the purpose of awarding scholarships to minority engineering students.  The money may help up to 100 minority students in the engineering program receive a scholarship. 

The bill also provides that state funds shall not be expended by the University of Tennessee to promote the use of gender neutral pronouns, to promote or inhibit the celebration of religious holidays or fund or support “Sex Week.” 

In August, UTK came under fire by lawmakers, alumni and the general public for an Office of Diversity and Inclusion post on the university’s website asking students and faculty to toss out “he” and “she” when addressing students for gender-neutral pronouns like “ze” and “zir.”  In December, the office posted guidance to students and faculty to ensure holiday parties at the campus are not a Christmas party in disguise.  These actions follow several years of widespread disapproval over the university’s “Sex Week” which included such events as drag shows, lectures given by a porn actress, and condom scavenger hunts.  Sex week has continued despite objections with an acceleration of objectionable content in this year’s list of courses. 

Worker’s Compensation -- This week the Senate passed a measure improving the worker’s compensation reforms adopted in 2013.  The legislation was brought by the Tennessee Chamber of Commerce and approved by the Worker’s Compensation Council.  Senate Bill 2582 changes the injury notification requirement for workplace injuries from 30 days to 15 days to encourage workers to more timely notify their employer if they have been injured on the job.  It also provides additional protections for workers by authorizing a worker’s compensation judge to award medical and/or disability benefits that have been wrongly denied during an expedited compensation hearing.  The legislation encourages more employers to participate in the Tennessee Drug Free Workplace Act by authorizing employers to offer annual acknowledgment or notification to all employees of the provisions in that program rather than require the one hour annual training. Approximately 4,000 employers use the drug free workplace act out of 120,000 estimated employers and this law aims to create more participation.  In addition, the legislation allows the Division of Worker’s Compensation to hire attorneys as ombudsman to help navigate the system.

Native Species Lumber Act -- The Senate passed Senate Bill 822 this week allowing Tennessee lumber mills the ability to sell native timber for agricultural buildings, including barns and sheds.  The Tennessee Native Species Lumber Act will create a certification program offered by the agricultural extension of the University of Tennessee for owners or representatives of sawmills.  The mill is then certified to grade lumber and to certify in writing to the purchaser that the quality and safe working stresses of the lumber are equal to or better than No. 2 grade.  The program will be offered biannually and in each of Tennessee’s three grand divisions at a nominal cost. 

Gang Violence -- The General Assembly approved legislation this week providing clarity to a 2012 law calling for enhanced penalties for crimes committed in association with gang activity.   Senate Bill 1558 requires an offense be punished one classification higher than the classification established by the offense if the defendant was a criminal gang member at the time of the offense and the criminal gang offense was committed at the direction of, in association with, or for the benefit of the defendant's criminal gang or a member of the criminal gang.  If the defendant was a leader or organizer of the criminal gang, then the offense shall be punished two classifications higher.  The Tennessee Court of Criminal Appeals recently ruled the 2012 law was too broad and that in order to meet constitutional standards that the offense committed needed to be related to gang membership in order to eligible for an increased charge. 

Aeronautics -- State Senators has approved legislation to create the Aeronautic Economic Development Fund.  Under Senate Bill 750, grants may be made in all counties to the local government or their economic development organizations, after approval by the commissioner of the Tennessee Department of Transportation.  The fund is not appropriated in this year’s budget, but will instead be funded at a later date.  Once funded, grants will be made to benefit aeronautical programs and infrastructure across the state, principally at airports. 

County Commissions -- Legislation designed to protect the integrity of county commissions and the confidence county citizens have in their commission has passed the General Assembly.  Senate Bill 466 prohibits any county employee that is simultaneously serving as a county commissioner of the county by which they are employed from voting on any matter that would increase the pay or benefits of that member or that member’s spouse.  The legislation also applies to members of the legislative body of the county who are also employed by that same county or whose spouse is employed by that county.  The employed commissioner would be able to vote on the budget, appropriations or tax rate resolution unless the vote is on a specific amendment, appropriation, or resolution
which the member has a conflict of interest.

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State Legislative update: Tuitiion Stability Act, Automated Cars, Repealing the Hall Income Tax ...

Below are excerpts from the newsletters of several local legislators reporting on the status of noteworthy legislation making its way though the legislature. The highlighting is mine. 

Senate Education Committee approves Tennessee Tuition Stability Act 

The Senate Education Committee, approved major legislation this week to control the exponential growth in tuition at Tennessee’s state colleges and universities.  Tuition Stability Act limits tuition growth to increases in the consumer price index (CPI) and locks-in The Tennessee tuition for entering freshmen for four years. Despite being increased three times by the General Assembly since its enactment, Tennessee’s HOPE scholarship now covers only 50 percent of tuition and fees at most four-year universities in the state, except UT Knoxville where it covers only 32 percent. Over the past 20 years, in-state tuition and required fees have increased 456 percent at the University of Tennessee at Knoxville from $2,236 in 1996 to $12,436 in 2016. Under Senate Bill 2306, the Tennessee Board of Regents or the University of Tennessee Board of Trustees would be prohibited from increasing in-state undergraduate tuition or fees at a four-year institution above the increase in the CPI without a vote of the full board. If a proposed increase is less than the most recent annual percentage change in the CPI plus two percent, it would require a supermajority of the board voting in favor. An increase greater than two percent of CPI would require a unanimous vote. The bill aims to incentivize students through the tuition freeze program to finish college in a four-year time period. At the same time, it incentivizes higher education to become as efficient as possible.

Senate Transportation Committee hears testimony from Audi regarding new automated vehicles
Members of the Senate Transportation Committee heard testimony this week from Brad Stertz, Director of Audi’s Government Affairs, regarding the company’s efforts to put automated cars on the road.   As the technology for autonomous vehicles continues to develop, states have found it may be necessary for state and municipal governments to address the potential impacts of these vehicles on the road.  Three bills have been filed on the subject in the Tennessee General Assembly this year.

Audi also offered automated rides to legislators, allowing them to experience this new technology in a freeway setting.  Stertz told members of the committee that it is important Audi work with the state legislatures across the country to develop a consistent regulatory framework for automated vehicles.

Automated vehicles are those in which at least some aspects of a safety-critical control function (e.g., steering, throttle, or braking) occur without direct driver input. Complete automation, where one can drive from his or her home to the office while reading a book in the backseat is about 20 years away, Stertz said, but right now the Audi Q7 has semi-autonomous driving.  This is where one can take his or her hands off the wheel for a few seconds at a time.  In a few years, according to Mr. Stertz, they are coming out with a system that will allow driving hands-free up to 35 miles per hour in highway traffic jam conditions.

The car has 24 sensors connected to a central computer which uses redundant systems for increased safety. Mr. Stertz said, “The main element of automated driving is safety.  Ninety to 93 percent of accidents according to the federal government have some element of human error.”

The director assured that turning the automated feature off is not that much more difficult than turning off today’s cruise control, “We think that, ultimately at the time being, it is really the human driver who is in charge,” he said.

According to the National Conference of State Legislatures, sixteen states introduced legislation related to autonomous vehicles in 2015, up from 12 states in 2014, nine states and D.C. in 2013, and six states in 2012.

Repealing the Hall Tax

Legislation advanced through the Senate Finance Committee this week that would begin the process of repealing the Hall Income Tax in Tennessee. The Hall Income Tax levies six percent on earnings from stocks and bonds, with 3/8 of the revenue going to cities and counties. Since enactment of the tax in 1929, the use of investment savings has grown as a primary source of retirement income. Senate Bill 47 makes a single cut of one percent to the state’s portion of the Hall Income Tax when a two-year average of three percent growth occurs. When the last cut of the state portion reaches .75 percent, the legislation provides that a phase out of the local portion would begin unless communities decide in a referendum to continue collecting the local portion of the tax. In other news on the Hall Tax, it was announced that the Revenue Subcommittee will consider several more bills on this subject next week.

Preventing Local Governments from Prohibiting Employers from asking Applicants About their Criminal Record

Legislation was approved by the Senate State and Local Government Committee this week that prevents a local government from imposing a requirement on private companies regarding what an employer cannot ask an applicant for employment. The bill comes amid a movement to prohibit employers from doing business with local governments if they ask if an applicant for employment has a criminal record. Senate Bill 2103 says that local governments shall not prohibit a private employer from requesting any type of information during the hiring process as a condition of procuring a contract with the governmental entity or doing business within their jurisdiction. It does not prevent the local government from prohibiting the question for purposes of their own employment practices.

The Cancer Treatment Fairness Act

The “Cancer Treatment Fairness Act” was discussed in the Senate Commerce and Labor Committee this week. Traditional treatments, usually given through an IV or injection, are covered under a patient’s medical benefits resulting in a small co-pay or no cost at all. Oral treatments are usually part of the health plan’s pharmacy benefit and can result in higher out-of-pocket costs for patients. Senate Bill 2091 directs health plans that currently cover cancer treatments to apply the same patient cost-sharing for therapies taken by mouth as those that are administered by IV or injection. Action on the bill was deferred for two weeks.

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Haslam Unveils Visionary 'Tennessee Promise'

NASHVILLE, Press Release  – During his fourth annual State of the State address before the General Assembly, Tennessee Gov. Bill Haslam tonight introduced the “Tennessee Promise.”

The historic proposal commits to providing on a continuing basis two years of community college or a college of applied technology (TCAT) absolutely free of tuition and fees to graduating high school seniors.

“Through the Tennessee Promise, we are fighting the rising cost of higher education, and we are raising our expectations as a state,” Haslam said.  “We are committed to making a clear statement to families that education beyond high school is a priority in the state of Tennessee.”

After graduating from a community college, if students choose to attend a four-year school, the state’s transfer pathways program makes it possible for those students to start as a junior.  By getting their first two years free, the cost of a four-year degree would be cut in half.

“This is a bold promise,” Haslam continued. “It is a promise that will speak volumes to current and prospective employers.  It is a promise that will make a real difference for generations of Tennesseans, and it is a promise that we have the ability to make.  Net cost to the state, zero.  Net impact on our future, priceless.”

To make the Tennessee Promise sustainable over time, the governor proposed transferring lottery reserve funds to create an endowment, with the goal of strategically redirecting existing resources.  He recommended leaving $110 million in the lottery reserve fund to ensure there is a healthy balance moving forward.

The Tennessee Promise is part of Haslam’s “Drive to 55” initiative aimed at increasing the number of Tennesseans with a certificate or degree beyond high school.  In 11 years, 55 percent of Tennesseans will need a certificate or degree to get a job, but today, only 32 percent of Tennesseans qualify.

Other Drive to 55 efforts this year include:

• Statewide expansion of the Seamless Alignment of Integrated Learning (SAILS) program to eliminate the need for remedial math courses for students entering college with $2.6 million in the proposed budget.  Currently, 70 percent of high school graduates need remedial classes before they are able to take a college level course.
• Offering one dual enrollment course to high school students at no cost with discounted courses available after that.  Dual enrollment allows high school students to take college credit courses, and there is a 94 percent probability that those students will go on to college.
• Expansion of the Degree Compass program that predicts the subjects and majors in which students will be most successful with $300,000 in the proposed budget.  The program was pioneered at Austin Peay University and is modeled after companies like Netflix, Amazon and Pandora that tailor their recommendations to what their customers are looking for.
• Creation of an Adult Student Data System to help state colleges and universities – both public and private – do a better job of identifying and recruiting adults that are most likely to return to college and complete their degree with $300,000 in the proposed budget.  There are nearly one million Tennesseans that have some college credit but haven’t earned a certificate or degree.
• Appointment of a new Director of Workforce Alignment that will work with state departments and local officials.
• Workforce alignment grants to local communities that have strategic plans in place to connect education institutions with employers with a focus on closing the skills gaps in their area with $10 million in the proposed budget.
• Changing the Tennessee Education Lottery Scholarship allotment to incentivize completion by raising the scholarship for two-year schools from $2,000 to $3,000 and shifting the scholarship for four-year schools from $4,000 to $3,000 the first two years and $5,000 the last two years.

As part of the address, the governor also discussed his budget proposal for FY 2014-2015.  “This year’s budget is a conservative one,” Haslam said.  “Revenue collections over the past several months have not met projections, and our budget reflects that reality…In Tennessee, education is a top priority, and this budget reflects that.”

Highlights of capital investments to support higher education include:

• $13 million to fund the Complete College Outcomes Formula;
• $63 million to fund capital maintenance projects at institutions across the state;
• $36.7 million to fund a new Williamson County campus for Columbia State Community College;
• $28.7 million to fund a new classroom building at Volunteer State Community College.

Notable K-12 investments include:

• $63 million to increase teacher salaries as part of the governor’s ongoing effort to make Tennessee the fastest improving state in terms of paying teachers more;
• $48.6 million dollars to fully fund the BEP formula.

Other budget highlights include:

• $1.7 million to fund a new statewide residential drug court in Middle Tennessee;
• $6.4 million to fund new child protective services and case manager positions as well as other critical children’s services including foster care and adoption assistance;
• $7 million increase for the Department of Intellectual and Developmental Disabilities to care for some of the state’s most vulnerable citizens;
• A one percent pay raise for state employees;
• $40.3 million to the Rainy Day Fund bringing it to $496 million on June 30, 2015;
• $61 million in Fast Track Infrastructure and Job Training assistance;
• $6 million for a statewide tourism fund to support the work of the tourism commission.
The complete text of the governor’s speech and an archived video of his speech will be available at www.tn.gov/stateofthestate.

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lodging Per Diem for Nashville Legislators abolished

Yesterday the Senate passed the bill cutting Per Diem for Nashville area legislators. For legislators living within 50 miles of the State Capitol, the $107 per night Per Diem for hotel lodging was eliminated. They would still get the daily allowance of $66 for meals and reimbursed for mileage. The bill had already passed the House so it will become law once signed by the governor. This bill is estimated to save the tax payers $253,600
 
The bill was sponsored in the Senate by Senator Haile and co-sponsored by Senators Dickerson, Johnson, Green, and Ketron.  In the House it was sponsored by Rep. Womick  and cosponsored by Harwell, Evans, Rogers, Durham, Lamberth, Sargent, White D, and Littleton. 

In the house fifteen members voted against the bill. Here is who they are: Armstrong, Cooper, Curtiss, Favors, Brenda Gilmore, Sherry Jones, Harold Love Jr., Miller, Parkinson, Sanderson, Shaw, Mike Stewart, Tidwell, Turner J, and Mike Turner. In the Senate only Gardenhire and Gresham voted against it. 

I commend those members of our legislature who sponsored and voted for this bill.  There was never any logic to paying a nightly hotel Per Diem for members of the legislature who spend each night in their own bed. There is no word yet on whether or not Sherry Jones will resign her seat.

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Tennessee Asset Forfeiture Bill Seeks To Abolish Abusive Police Practice

DAs Agree To Work Toward 'Policing For Profit' Compromise

NewsChannel5.com | Nashville News, Weather

By Phil Williams, Chief Investigative Reporter, Channel 5 News, NASHVILLE, Tenn. - For the first time, Tennessee's district attorneys have signaled they are willing to work on reforms to protect innocent people who have their cash confiscated by police.

Tuesday afternoon, state Rep. Barrett Rich presented his reform bill to a House subcommittee. The West Tennessee Republican wants to end the abuses of state laws that have let police seize cash from out-of-state drivers based on the suspicion that it might be drug money. (link)

My Comment: The compromise being discussed is that victims of police confiscating their cash get an immediate hearing before a judge, instead of having to wait sometimes as long as a year. Sometimes compromise is necessary to get anything done.  The "perfect" should not be the enemy of the "good.."  This compromise may be better than nothing, but just barely. 

 If their is even a fair chance to get the bill passes as originally drafted, I would hope Representative Rich would reject this compromise and push his bill. Carrying cash should not be illegal. One should not have to explain why they are carrying it. Police should not be allowed to confiscate cash and the citizen then prove it is not drug money. Police should be allowed to confiscate property only with a warrant based on probable cause. 

Representative Rich is to be commended for taking on this issue and Channel 5 is to be commended for their investigative reporting and tenacity in sticking with this story.

Below is the bill as it now stands:

SENATE BILL 891 By Hensley
HOUSE BILL 1078 By Rich

AN ACT to amend Tennessee Code Annotated, Title 40, Chapter 6 and Title 40, Chapter 33, Part 2, relative to asset forfeitures.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

SECTION 1. Tennessee Code Annotated, Title 40, Chapter 6, is amended by adding the following as a new part:

40-6-401. It is the intent of the general assembly that the following rights of any owner or owners of property shall supersede and override all Tennessee procedures, statutes and regulations governing forfeiture of property to the state of Tennessee or any county or municipality, whether the property is real, personal, or in other form, including, the procedure found in chapter 33, part 2 of this title and title 39, chapter 11, part 7. To the extent any statute, regulation or procedure is in conflict with this part, it shall be null and void.

(a) No seizure of any property shall be executed wit hout first obtaining a seizure warrant issued by a magistrate who is popularly elected within the county where the seizure is to be executed. If the seizure wa rrant identifies locations in more than one county, then the magistrate issuing the warrant shall preside in a court in one of those counties.

(b) Any officer with the statutory authority to ar rest an offender shall have the authority to request the issuance of a seizure warrant. Upon issuance of a seizure warrant, only the sheriff of the county in which the seizure is to be executed shall have the power to seize any property, real or personal.

(a) If a forfeiture warrant is issued, upon execution of the forfeiture warrant, all real property seized shall be either sequestered and guarded against damage from third parties, or released to the owner or occupant for use and caretaking until the disposal of the property is resolv ed by the court. Any person entrusted to such use pending the hearing shall be responsible for any loss due to damage caused by neglect or intentionally, or removal of contents subject to the seizure. (b) All personal property seized shall either remain upon the real property where it was located according to the warrant. If the real property is also being seized, the personal property shall be removed to a secure location under the supervision of the jurisdiction wherein the magistrate p resides. (a) The owner or persons in possession of the property at the time of the seizure shall receive full documentation of the warrant and a receipt particularly describing the property seized, and its condition. The seizing officer shall bear custodial liability for the safekeeping of the property throughout its possession until disposition by the court. (b) The owner of the property, lessor thereof, or a gents of either shall have access to the property sufficient to assure the safety and security of the property at all stages of the holding of that property prior to the disposition ordered by the court. (c) The person or entity claiming ownership of the property that has been seized shall have the right to an expedited recovery hearing upon a showing of potential loss of value if such expedited resolution is not accomplished. 40-6-405. No forfeiture shall be final nor shall title or other indicia of ownership pass to the state or jurisdiction seeking forfeiture until:

(1) The owner of the property in question is prosecuted and convicted of the criminal acts which render the property subject contraband; or (2) The property is deemed contraband on account of i ts nature by a court of jurisdiction, the magistrate of which is an elect ed office, after a hearing wherein any persons opposing any finding of contraband shall have due process to present a case why it is not. Any property damage, spoilage, or loss of any criterion of value during the pre-hearing possession of the jurisdiction shall be grounds for recovery of that damage by the owner or user, from the jurisdiction making the seizure, if the hearing finds in favor of the opponent of the seizure. Such recovery may be ordered by the court wherein the seizure hearing is held, or in a separate suit by the owner or other interested party after return of the property.

SECTION 2. This act shall take effect upon becoming la w, the public welfare requiring it.

Please contact your legislators and tell them to support Rich's bill, follow this link to find your legislator's contact information: Find your legislator.

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Labor Department Commissioner, Deputy Commissioner Resign

The commissioner of the state Department of Labor and Workforce Development has resigned. The deputy commissioner also resigned, though the reasons were unclear. Full Story

What is the real story? 

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State Attorney General says Beavers' nullificatiion bill is unconstitutional

It didn't take long to get an Attorney General's opinion on Mae Beavers' bill which would nullify any new federal gun control law or firearms registration requirement and which would require local law enforcement to arrest federal agents enforcing such new laws.

The AG was asked, "Are Senate Bill 0100/House Bill 0042 (hereinafter “HB42”) and Senate Bill 0250/House Bill 0248 (hereinafter “SB250”) of the 108th Tennessee General Assembly constitutional?"

The answer was, " No. Both HB42 and SB250 if enacted as proposed would violate the Supremacy Clause of the United States Constitution."

I could have told you that.  Who wants to bet that proponents of the bill will simply say, "well, that's your opinion?"  It will be interesting to see what happens on Wednesday. Last week, the motion to delay and get an Attorney Generals opinion, only passed by one vote. This vote could be close.

If this bill passes, I assume Governor Haslam will veto it, and while a veto can be easily overridden in Tennessee I would not expect it to be.  If this bill does become law, however, and Congress passes a new legislation that, let us say, bans the 20-round clip, and ATF agents began arresting arms dealers selling 20-round clips and following state law, local deputies start arresting ATF agents, some people could get killed.

This is insanity! If Tennessee thinks an act of Congress or executive order is unconstitutional, the proper course of action is to challenge it in court; not resort to armed rebellion. 

In the five page opinion, case law and history of nullification are addressed.  Anyone who want to know more about the issue, should read the opinion.  Unfortunately, I know that proponents of the bill will argue that they do not care about case law, only their own reading of the Constitution.

Here is the link to the Attorney Generals Opinion: link.

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Look what they are saying about Senator Brian Kelsey

Those who are just itching to re-fight the civil war do not take kindly to Senate Judiciary Chairman Sen. Brian Kelsey for saying that it is not a good idea to pass a bill that would declare perceived federal violations of the 2nd Amendment to be illegal within the state of Tennessee.

SB0250 sponsored by Senator Mae Beavers, who herself was former Senate Judiciary Chairman, also provides for criminal penalties for federal agents who attempt to carry out such laws that Tennessee deems violate the 2nd Amendment.

 Last week, the bill was up for a hearing in the Senate Judiciary Committee but Senator Kelsey convinced his colleagues to defer it. It will be back before the committee on Wednesday of this week.

To learn more about this issue from the viewpoint of the advocates of the bill go to Tenth Amendment Center. To view last week's hearings on the bill, see below.

Senator Kelsey is polite and reasonable and makes a persuasive argument in explaining why fidelity to the constitution includes respect for the supremacy clause.  I am convinced that the view of Senator Kelsey is the correct view.  His explanation of the Tenth amendment is that the supremacy clause overrides the Tenth amendment. He simply asks for a deferral to hear the opinion of the Attorney General. Sen. Overby makes a good argument that Senator Beaver's bill is vague. She says her bill applies to bills in the past as well as bills in the future. The bill does not point to any specific federal action. Overby questions if Beaver's bill is unconstitutionally vague. The bill is differed one week to order get an Attorney General's opinion by a vote of 5 to 4. This bill needs to be defeated. Should it pass, Governor Haslam needs to veto it.

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Bill seeks to end police confiscation of property without due process

Bill seeks to end "policing for profit"

Representative Barrett Rich and Senator Joey Hensley have filed a bill (SB 0891 by Hensley and HB 1078 by Rich) called the Property Rights in Asset Forfeiture Act which would prohibit what has come to be known as "policing for profit." It should prevent the abuse where officers confiscate property or cash on some flimsy excuse against law-abiding citizens who then must fight to get it back. Often the person is unable to recover his property although he is never convicted of a crime.

The civil forfeiture laws allow Tennessee police to legally take cash from individuals based on suspicion that the money might be linked to drug trafficking. If an individual does not take legal action to recover the money, the police agency gets to keep it all – sometimes to pay the salaries of the officers seizing the cash. This sounds unbelievable in a nation where our rights are guaranteed by the Constitution and in a country that professed to follow due process. This sounds like something that would happen in a corrupt third world dictatorship, but it is happening right here in Tennessee.

Back in December Channel 5 news did a series of reports on this issue and combined them into an hour-long documentary. You can view the eight segments on this topic at this link: "Policing For Profit." Below is one episode of the series:
Representative Rich and Senator Hensley are to be commended for attempting to end this abuse. This is a good bill that needs to pass.  

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New TN office of 'repealer' would target useless or unreasonable laws to sweep away

TN Lawmakers Create Office of the Repealer to Shrink Government

By Blue Collar Muse- Tennessee state GOP lawmakers Representative Glen Casada and Senator Jack Johnson, both from Franklin, announced they have filed HB 500 and SB 595 to modify the TCA and create the Office of the Repealer.

Under the direction of the Office of Tennessee’s Secretary of State, Tre Hargett, the Office of the Repealer would be tasked with “Investigating and collecting information regarding the state’s laws and rules and regulations to determine instances in which such laws and rules and regulations are unreasonable, unduly burdensome, duplicative, contradictory or unnecessary;”  Casada, Johnson propose 'repealer' to cut state laws

The Tennessean ‎- by Chas Sisk ‎

Glen Casada and state Sen. Jack Johnson, both Franklin Republicans, have filed a bill that would create an Office of the Repealer, whose job ..

My Comment: This is the kind of creative thinking we need to shrink government. Thank you to Glen Casada and Jack Johnson. This is a good start. Next, we need a process to systematically review every license or permit issued by State government to determine if they are necessary and if they are, are the requirements and cost reasonable or excessive. I would start with training for beautician. To protect me from a bad haircut why does the government require hair stylist spend thousands of dollars and two years in training. A bad haircut will grow out.  

The State government should also look at prohibiting local governments from passing laws that unduly regulate, license or fix prices. Metro Nashville's limo price fixing is the kind of law that the State should not allow. The Republicans have a super majority: use it.

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Sen. Nicely proposes change in selecting US Senate nominees.

Sen. Frank Niceley has introduced legislation that would change the way U.S. Senate candidates are nominated. Instead of party primaries, each of the party's legislative caucuses would nominate a candidate to run for Senate in an open meeting. Under his bill (SB471), the House and Senate Republican joint caucus would choose the Republican nominee for the U.S. Senate and the House and Senate Democratic joint caucus would choose the Democratic nominee.

This would be constitutional. The Constitution does not require party primaries and  the Courts have given the states a wide latitude in how candidates are nominated.

I like this proposal. I for one do not think that greater direct democracy makes for a better republic. Should the State legislature pick the nominee for Senate, then once elected the Senator would likely be more inclined to consider the impact on his State before voting for unfunded mandates and other legislation that burdens the state. He would be more likely to seek the advice of members of his party who are serving in the State legislature. Who gets elected to the State legislature would become more important to voters. While subtle, this would be a slight strengthening of State influence. It would also save a lot of money.

Last election, the Democrats nominated Mark Clayton, a fringe right-wing candidate who had no credentials or experience. He beat Bob Corker in Memphis and came close in Nashville. It was an embarrassment for the Democrats. Not that I mind Democrats being embarrassed, but it was also an embarrassment for the people of Tennessee. I think it would be better for the democratic process to have a qualified mainstream candidate who is representative of his party present a challenge to our nominee than to give our nominee a free ride. Democracy is strengthened when people have real choices. Mark Clayton would not have happened if the House and Senate Democratic Caucus was picking the nominee.

Actually, I would like to see the 17th Amendment abolished and have the State Legislature select our Senators as was the case from our founding until 1913. The 17th Amendment was a shift in the balance of power between the State and the Federal government and resulted in the diminished importance of the States. Since I doubt the 17th Amendment will be repealed anytime soon, then a bill like Senator Niceley's is the next best thing we can hope for.

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Haslam highlights state’s successes, lays out strategies to address challenges in 2013 address

EDUCATION INVESTMENT, FISCAL RESTRAINT SETTING TENNESSEE APART

Tennessee Gov. Bill Haslam last night delivered his 2013 State of the State
address before a joint session of the General Assembly, contrasting Tennessee with Washington,
D.C. and other states across the country that have struggled to keep their fiscal houses in order.
“Unlike the news coming out of our nation’s capital and so many other states around the country,
good things are happening in Tennessee,” Haslam said. “We have a long history of fiscal
restraint that crosses party lines. We have been deliberate about not spending money we don’t
have and in making a concerted effort to save for the future…And now we are well-positioned to
continue to invest in a thoughtful, strategic manner.”

The governor reiterated his priorities and progress in the areas of attracting and growing
Tennessee jobs, the importance of a customer-focused, efficient and effective state government,
improving public safety, and making significant progress in education.

“We had the second largest increase in state K-12 expenditures of all 50 states in fiscal year
2012,” Haslam said. “The average increase was nearly 3 percent. Ours grew almost 12 percent
in state education funding. Education is another example of how in Tennessee we’re
distinguishing ourselves as different from the rest of the country.

“We are literally putting our money where our mouth is, even when other states haven’t done so
through tough budget times,” Haslam continued. “Our administration’s three budgets have
certainly supported our commitment to public education, but I also think it is important to note
that we’re not just throwing money at it. Dollars alone don’t lead to improvement. There has to
be a plan. Along with strategic investments, we’re pursuing real reform in education that is
producing results.”

He announced a proposal that the period of time before a public school teacher could get tenure be expanded to five years. He proposed an expansion of Charter Schools, eliminating the cap on the number in Tennessee. He also proposed a voucher program which would offer scholarships to low income students in poor performing public schools and defends the proposal.

The governor also discussed a vision extending beyond high school in Tennessee.
“Over the past 30 years, Medicaid costs have continued to squeeze out other priorities, and
higher education has been an area that has suffered as a result,” Haslam said. “With repeated
tuition increases year after year, we risk pricing middle class families out of the market for a
college education. We must address cost. We have to make a college education more
accessible, and we have to make sure we have quality programs in Tennessee,” Haslam
continued. “Only 32 percent of Tennesseans have earned an associates’ degree or higher. That’s
not good enough. Our goal is to move the needle so that Tennessee is on track to raise that
number to 55 percent by 2025. Tonight we begin our ‘drive to 55’ – a strategic initiative to have
the best trained workforce in America.”

As part of the address, the governor also outlined his budget proposal for Fiscal Year 2013-2014
that reflects his priorities through strategic investments, targeted reductions and savings for the
future.

Highlights of the budget include:

• Tenncare spending will increase about $350 million.
• Full funding of the Basic Education Program.
• K-12 will get increases of $51 million for technology upgrades and $34 million for $34 million for Security measures.
• The governor proposes to start a $35 million endowment program to provide scholarships to students from low-income families.
• $307.3 million to fund capital outlay projects in higher education including:
• More money to counties for keeping state prisoners ($21 million) and more for inmate health cost ($21 million) and a new prison ($30 million)
• A 1.5% pay raise for state employees;
• Upgrading nearly 200 case manager positions in the Department of Children’s Services.
• $100 million to the Rainy Day Fund bringing it to $456 million on June 30, 2014.
• $8 million for a statewide tourism fund to support the work of the tourism commission;
• Cutting the sales tax on food from 5.25 percent to 5 percent;
• Reducing the Hall Income Tax on seniors by raising the exemption level for people over 65.
• Cutting the death tax by raising the exemption level.

The complete text of the governor’s speech and a video of his speech is  available at www.tn.gov/stateofthestate.

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Governor Haslam Presents Spending Plan to Lawmakers

 WKRN, News 2: Governor Haslam presents $33 billion spending plan 

... $33 billion annual spending plan that includes a staffing shakeup at the troubled Department of Children's Services, a heavy investment into construction projects around the state and a large deposit into the state's cash savings fund.

  
WTVF, News channel 5:Governor Haslam Presents Spending Plan to Lawmakers

Updated: Jan 28, 2013 7:27 PM CST

Gov. Bill Haslam has presented to lawmakers a nearly $33 billion annual spending plan.more>>  Video included. 

WZTV, Fox 17 News: Gov. Haslam Lays Out a Plan for the Future of Tenn.

 

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Rep. Jeremy Faison's sensible anti-federal gun control bill

While Rep. Joe Carr has sponsored an anti-federal gun control bill that is clearly unconstitutional, violating the supremacy clause of the constitution and requiring  local deputies to arrest Federal marshals who are enforcing Federal law, Rep. Jeremy Faison has introduced a sensible anti-federal gun control bill that says that no state funds, property or  personnel can be used to enforce a federal gun law. 

There is a big difference between saying we will make it illegal to enforce federal law in Tennessee and saying we will not enforce federal law for the federal government. Actively obstructing a Federal agent from enforcing Federal law is much different than standing on the sidelines and not assisting Federal agents in enforcing Federal law.

It is worth noting that in the Senate, a co-sponsor of this sensible bill is Senator Jim Tracy. Senator Tracy and Representative Joe Carr are both candidates seeking to challenge Rep. Scott DesJarlais in the Republican primary for his seat in the US Congress. Based on this issue, I know who I would prefer in the US Congress.

This is a good bill and I support it. Below is the text of the bill.

SENATE BILL 40
 by Niceley

HOUSE BILL 10

By Faison

AN ACT to amend Tennessee Code Annotated, Title 38;

Title 39 and Title 40, relative to firearms.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

SECTION 1. Tennessee Code Annotated, Title 38, Chapter 3, Part 1, is amended by adding the following language as a new, appropriately designated section: 38-3-124.

(a) On or after the effective date of this act, no public funds of this state or any
political subdivision of this state shall be allocated to the implementation, regulation or enforcement of any federal law, executive order, rule or regulation that becomes effective on or after January 1, 2013, that adversely affects a United States citizen's ability to lawfully possess or carry firearms in this state.

(b) On or after the effective date of this act, no personnel or property of this state
or any political subdivision of this state shall be allocated to the implementation,
regulation or enforcement of any federal law, executive order, rule or regulation that becomes effective on or after January 1, 2013, that adversely affects a United States citizen's ability to lawfully possess or carry firearms in this state unless federal funding for such implementation, regulation or enforcement is provided to the state or political subdivision.

(c) For purposes of this section, "firearm" has the same meaning as defined in §39-11-106.

SECTION 2. This act shall take effect upon becoming a law, the public welfare requiring
it.

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On Joe Carr's attempt to make enforcement of Federal Law a Crime

Representative Joe Carr

Press Release, Lascassas, TN. - State Representative Joe Carr, from Tennessee’s 48th District filed legislation Tuesday, House Bill 0042, that would charge any Federal agent with a Class A Misdemeanor for enforcing or attempting to enforce a federal law, statute, rule, regulation or executive order that bans, restricts or requires the registration of any semi automatic firearm, firearm accessory or ammunition.

“In light of recent comments and actions taken by President Obama and Vice President Biden, I believe it is necessary that Tennessee proactively promote, maintain and defend Tennessee’s sovereignty guaranteed to it in the 10th Amendment of the Constitution. Additionally this most blatant assault on the 2nd Amendment by the Obama Administration is a systematic effort to disarm the law biding citizens of the United States. The 2nd Amendment is part of the Bill of Rights which was intended to protect the individual and the states from the tyranny of government,” stated Representative Carr.

Carr also said, “The 2nd Amendment is not meant just for hunters, it specifically states that ‘A well regulated militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed’, therefore, the Federal government shall not through law or executive order infringe upon our Constitutional-given rights as citizens of the United States and the Great State of Tennessee.”

Recently, Carr announced the formation of the 10th Amendment Caucus, a group he co-founded with State Representative Judd Matheny from Tennessee’s 47th District. The Caucus will be focused on advancing the Constitutional requirement for states to maintain, promote and defend the 10th Amendment. Additionally, Carr is the architect and author of almost all Illegal Immigration laws in Tennessee. Due to his efforts, Tennessee has some of the strongest enforceable immigration laws in the United States.

My Comment: I understand Joe Carr's fear that given the current climate that the Second Amendment may be trampled upon, but I think his approach for dealing with this fear is the wrong approach. 

I am not a constitutional scholar or even a lawyer, but I have read the Constitution. Article VI, Section 2, of the U.S. Constitution is known as the Supremacy Clause and it says, "This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, any thing in the Constitution or laws of any state to the contrary notwithstanding." 

While I think the 10th Amendment should be respected and protected, I do not think we can ignore the "supremacy clause" or the "due and proper clause" or the 14th Amendment. They are also part of the constitution.

What I take the supremacy clause to  mean is that if Congress passes a law that bans semi-automatic weapons that, that is the supreme law of the land, at least until the Supreme Court rules otherwise. The Second Amendment has been adjudicated on several occasions but is still murky as to what may be a legal weapon to be owned by civilians and what may not be. A ban on fully automatic weapons and other instruments of war such as tanks and flame throwers is presumed to be a legal ban. If one thinks a ban on semi-automatic weapons is unconstitutional and Congress should reimpose such a ban, then the proper course of action for making that argument is in the Courts.  I am still open to hearing other arguments but unless a compelling argument is made and if I were in the State Legislature, I would not support Joe Carr's legislation. I do not want Barney arresting federal marshals for enforcing laws passed by Congress. 

One thing that is curious about Joe Carr's legislation is that those enforcing the federal law in Tennessee would be guilty only of a Class A misdemeanor. The punishment for a Class A misdemeanor is "not greater than eleven (11) months twenty-nine (29) days in jail or a fine not to exceed two thousand five hundred dollars ($2,500), or both, unless otherwise provided by statute." If Carr really wants to deter Federal agents from enforcing the law in Tennessee, why does he not propose making doing so a Class A felony?  I may be missing something. I would welcome an explanation of the logic behind this proposed legislation.

For a concise explanation of the Courts ruling on the Second Amendment follow this link. 

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