Legislative report for LWV

July 8, 2009

First tier priorities: merit-based judicial selection & retention, income tax constitutional amendment and clean water

MERIT-BASED JUDICIAL SELECTION AND RETENTION

Tennessee will maintain a modified system of merit-based Appeals courts and Supreme Court judicial selection and retention allowing for the state to avoid direct elections. A compromise plan sponsored by Sen. Jamie Woodson, R-Knoxville, Sen. Doug Overbey, R-Maryville and Sen. Joe Haynes, D-Nashville and Rep. Joe McCord, R-Maryville and Kent Coleman, D-Murfreesboro (with others) creates a judicial nomination commission and allows the speakers more leeway in who to appoint to the nominating commission. The majority of members on the nomination commission will be lawyers - at least 10 attorneys, assuring input from those who best know the needs of the courts. The governor will still make appointments, and these judges will still stand for retention election. The Senate vote was 21-10 to concur with a House amendment to the bill which stripped out a provision to allow the governor to bypass nominees recommended by a Judicial Nominating Commission for a judicial vacancy. The final Senate vote had been postponed for weeks by Senate Republican Leader Mark Norris, who had pushed for a bill seeking a constitutional convention on judicial selection. The constitutional convention bill did not move forward.

SB 1573 Woodson, Haynes and Overby / HB 1448 McCord, Coleman, Lundberg and Hardaway - Creates Judicial Nominating Commission (JNC).  Commission will consist of 17 members with at least 10 being attorneys.  Speakers appoint commission members from list of applicants collected by the AOC after public comment.  Commission members cannot be a lobbyist or an employer of a lobbyist.  Commission members will serve 6 year term.  Governor may select from panel of 3 and may select from additional list of 3.    All hearings will be public and voting will be by secret ballot.   Supreme Court and Appellate judges will stand for retention elections.

Enacted as Public Chapter 0517 (effective 06/25/2009).

INCOME TAX & BUDGET GENERALLY

The final budget cut over 10% from the appropriations made the previous year. There is widespread belief that unless the economic situation dramatically improves, leading to an increase in business and sales tax revenue, deep cuts will be necessary next year as well. Further, only part of our problem is a drop in revenue due to economy. Another large part is tax structure, which results in a fiscal crisis every 7 or 8 years. Not many in the legislative or executive branch seem willing to deal with this structural revenue problem. (In other words, we are overdue for a tax increase by a year or two from now, but no one wants to face that.) Vulnerable Tennesseans and community-enhancing programs generally will be major victims of this failure to address the elephant in the room.

Constitutional amendment - prohibition on income tax - HJR 0003 Kelsey. Sought to clarify language that currently prohibits the levying of a tax on any class of income.

Bill failed to pass. League Position: Strongly Oppose

ENVIRONMENT

Water quality standards - SB 0631Southerland / HB 1616 McCord. Sought to clarify the application of water quality standards to publicly-funded projects that are in the public interest. Would have required the opponent to provide clear and convincing evidence that the degradation is not “necessary”.

Bill failed to pass. League Position: Oppose

Jurisdiction of waters of state & hydrologic determinations - SB 0632 Southerland / HB 1615 McCord. Creates new permitting standards for altering a watercourse and sets up a third party approval designation for those making watercourse determinations which would likely allow developer-hired and paid consultants to determine level of regulation .

Enacted as Public Chapter 0464 (effective 06/23/2009). League position: Oppose

Limited resource waters defined - SB 0633 Southerland / HB 1617 McCord. Sought to redefine waters of the state for permitting relative to water quality control.

Bill failed to pass. League Position: Oppose

Surface mining activities prohibited - SB 1398 Jackson / HB 0455 McDonald. This anti mountain top removal bill sought to prohibit the issuance or renewal of permits for specified surface mining activities.

Bill failed to pass. League Position: Support

Prohibitions on surface mining permits - SB 1406 Ketron / HB 0899 Dunn. This anti mountain top removal bill would have restricted permits for surface coal operations within 100 feet of any waters of the state or that would alter or disturb any ridge line above 2,000 feet.

Bill failed to pass. League Position: Support

The mountain top removal bills did not pass, however SB 2321Kyle/ HB 2300 Turner M. to create the "Responsible Mining Act of 2009" did pass. This administration bill prohibits the issuance of permits for the removal of coal within 100 feet of “the ordinary high water mark” of any stream.

Enacted as Public Chapter 0289 (effective 05/21/2009). The League did not have a postion on this bill.

Second tier priorities: maintaining appointed school superintendents, monitoring open records bills and opposing bills weakening open records law, maintaining current support for voluntary pre-kindergarten programs and opposing bills to require photo ID’s or other new requirements to vote.

EDUCATION K-12 AND PRE-K

The League has lobbied on behalf of PreK education for several years and helped this year in efforts to preserve PreK education in Tennessee. Due to draconian budget reductions, there was real concern that Tennessee would not be able to keep its funding for pre kindergarten classrooms in tact. In a budget compromise, however, legislators agreed to fund Tennessee’s nationally recognized pre-K program from the state’s general fund and not from non-recurring dollars, as had been proposed during the budget process. This action protects the 250 classrooms that were in danger of being cut next year had pre-K been left in the “non-recurring” budget category. This will keep PreK at its current funding level and all but $3 million will now come from recurring funds.

Election of director of schools - SB 0013 Yager / HB 0015 Ferguson. Permits the popular election of director of schools and outlined qualifications.

Bill failed to pass. League Position: Oppose

Establishes elected office of school superintendent - SB 0908 Burks / HB 0952 Winningham. Establishes elected office of school superintendent for counties/cities upon two-thirds vote of local governing body.

Bill failed to pass. League Position: Oppose

OPEN GOVERNMENT

Although we monitored and reported on a number of open meetings and general government transparency bills, no bad open records bills surfaced.

ELECTIONS

Photo ID required to vote - SB 0150 Ketron / HB 0639 Maggart. Sought to require a photo ID to vote.

Bill failed to pass. League Position: Oppose

Proven citizenship status prior to registration to vote - SB 1999 Norris / HB 1838 Todd. Would have required evidence of U.S. citizenship to vote.

Bill failed to pass. League Position: Oppose

The League decided on a third set of bills and issues to work on in coalition with other groups and based on information provided in our updates. These bills and issues included voter confidentiality of address for victims of domestic violence patterned after Louisiana law, opposing erosion of right to privacy (changing state constitution to reduce individual rights such as reproductive choice), taxpayer bill of rights, health care (if a specific issue developed LWVTN agreed to review), and other important environmental issues as they developed during the session. There were no significant developments regarding most of these, but there was a significant development re right to privacy. See below.

RIGHT TO PRIVACY

Constitutional amendment – abortion - SJR 0127 Black. States that nothing in the constitution secures or protects right to abortion or requires the funding of an abortion.

Sent to the speakers for signatures 06/02/2009. League position: Oppose

Finally, although this one was not a listed priority as it did not appear to be a serious problem at the beginning of the session, we also opposed efforts to delay implementation of the Voter Confidence Act. Efforts to stop this delay were successfully legislatively but we now face potential judicial action by the Secretary of State.