{"id":1111,"date":"2009-03-27T14:10:19","date_gmt":"2009-03-27T19:10:19","guid":{"rendered":"http:\/\/www.discoverclarksville.com\/articles\/?p=1111"},"modified":"2009-03-27T14:10:19","modified_gmt":"2009-03-27T19:10:19","slug":"house-republican-caucus-weekly-wrap","status":"publish","type":"post","link":"https:\/\/www.discoverclarksville.com\/articles\/2009\/03\/27\/house-republican-caucus-weekly-wrap\/","title":{"rendered":"House Republican Caucus Weekly Wrap"},"content":{"rendered":"<p><em><strong><span style=\"color: #000080;\">Week of March 23-27,2009<\/span><\/strong><\/em><\/p>\n<ul>\n<li><img loading=\"lazy\" decoding=\"async\" class=\"alignright size-full wp-image-1112\" title=\"republican-logo\" src=\"http:\/\/www.discoverclarksville.com\/articles\/wp-content\/uploads\/2009\/03\/republican-logo.gif\" alt=\"republican-logo\" width=\"211\" height=\"125\" \/><em><strong><span style=\"color: #000080;\">Budget proposal presented to lawmakers<\/span><\/strong><\/em><\/li>\n<li><em><strong><span style=\"color: #000080;\">Stimulus funds will foot much of the TennCare bill<\/span><\/strong><\/em><\/li>\n<li><em><strong><span style=\"color: #000080;\">Higher Education may dodge a bullet<\/span><\/strong><\/em><\/li>\n<li><em><strong><span style=\"color: #000080;\">Unemployment Insurance<\/span><\/strong><\/em><\/li>\n<li><em><strong><span style=\"color: #000080;\"> Testimony on \u201cwine in grocery stores\u201d <\/span><\/strong><\/em><\/li>\n<li><em><strong><span style=\"color: #000080;\">Is the Tennessee Plan constitutional?<\/span><\/strong><\/em><\/li>\n<\/ul>\n<p>After months of uncertainty while the United States Congress wrangled over details of the American Recovery and Reinvestment Act (ARRA), the Governor presented his initial budget proposal Monday night to a Joint Convention of the House and Senate. Because of the unprecedented economic situation facing Tennessee, the Governor is proposing a multi- year approach, and laying out possibilities for the next four years. He explained that much of the ARRA money, which totals approximately $5 billion over two years for Tennessee, comes with strings attached and has essentially already been earmarked by Congress.<\/p>\n<p>According the Administration, about \u201ctwo-fifths\u201d of the money are \u201cTennessee\u201d funds\u2014monies that will allow the state some leniency regarding where to use them\u2014while the remainder are \u201cCongressional\u201d funds that have multiple strings attached.<!--more--><\/p>\n<p><span style=\"color: #008000;\"><em><strong>Stimulus funds will foot much of the TennCare bill<\/strong><\/em><\/span><\/p>\n<p>Of the $2.1 billion in \u201cTennessee\u201d funds, more than half will temporarily foot the bill for TennCare\u2014the state\u2019s Medicaid program\u2014to free up the state dollars to fund programs elsewhere. While other states will be required to use this money to plug holes in their Medicaid programs, TennCare is in a stable position. Additionally, TennCare had approximately $500 million in their reserve account at the beginning of the year.<\/p>\n<p><span style=\"color: #008000;\"><em><strong>Higher Education may dodge a bullet<\/strong><\/em><\/span><\/p>\n<p>Although large reductions were expected in higher education, the ARRA dedicates $500 million specifically to higher education, meaning that the anticipated cuts are no longer necessary. Reductions that had already taken place will now be restored to the tune of $100 million this year. The budget proposal stipulates that higher education will be fully funded for the next 21 months from stimulus funds. However, House Republicans expressed prudence when discussing changes to the higher education system, which will be facing a possible $180 million shortfall in the future. Republican leaders have expressed their desire to leave nothing off the table when discussing possible different approaches to higher education.<\/p>\n<p><span style=\"color: #008000;\"><em><strong>Unemployment Insurance<\/strong><\/em><\/span><\/p>\n<p>One of the priorities that the Governor said the Administration will focus on is<br \/>\nkeeping the state\u2019s Unemployment Trust Fund solvent. Although the Governor considered turning down the unemployment portion of the federal stimulus package, citing as a concern the obligation to continue higher spending when the federal money runs out in two years, the state will accept the $141 million<br \/>\ninjection to the Unemployment Trust Fund.<\/p>\n<p>Accepting the money will mean that Tennessee has to adopt three federal mandates at a projected outflow of $30 million annually. A part-time worker definition, alternative wage base calculations and dependents allowance must be adopted by the General Assembly in order to qualify for the stimulus funds.<br \/>\nRepublican lawmakers are cautioning that if adopted, there may be a need to end these mandated benefits once the federal monies are exhausted to sustain the fund in the future.<\/p>\n<p><span style=\"color: #008000;\"><em><strong>House State &amp; Local Committee hears testimony on \u201cwine in grocery stores\u201d bill<\/strong><\/em><\/span><\/p>\n<p>The State and Local Government Committee heard testimony this week concerning the \u201cwine in grocery stores\u201d bill, which has emerged as one of the key issues this year. While the fate of the bill is unclear, the legislation has spurred discussion over Tennessee\u2019s liquor laws.<\/p>\n<p>The bill would essentially create a \u201cwine at retail food store license,\u201d which would allow the sale of wine at retail food stores. The license would be issued by the Alcoholic Beverage Commission and only in a county or municipality that has authorized the sale of alcoholic beverages. Businesses who obtain the license would still be subject to\u00a0 rules and regulations governing current liquor and beer laws, and would also be subject to the \u201cResponsible Vendors Act,\u201d which requires mandatory carding.<\/p>\n<p>Much of the testimony in favor of allowing wine in grocery stores centered around the possible revenues the state and local governments would receive if the bill is passed. The Fiscal Review Committee is estimating that passage of the bill would mean $16 million for the state\u2019s General Fund, and an $11 million boost for local government revenues.<\/p>\n<p>The Sheriff of Madison County testified against the bill, stating that he believed the legislation would lead to an increase in underage drinking, and to an increase in crime and panhandling outside of convenience stores. In the same vein, a liquor store owner projected he would lose 15 to 20 percent of his revenues if the bill passed, resulting in the loss of one full time employee and possibly an additional part time employee.<\/p>\n<p>The bill\u2019s fate has yet to be decided, as neither the House nor the Senate has officially taken the legislation up for members\u2019 debate. The Associated Press performed an informal poll of every member of the General Assembly last week, with the results showing 23 members were supportive, 31 members were against the legislation, and 78 members were undecided<\/p>\n<p><span style=\"color: #008000;\"><em><strong>Subcommittee hosts presentation: Is the Tennessee Plan constitutional?<\/strong><\/em><\/span><\/p>\n<p>The Civil Practice and Procedure Subcommittee hosted a presentation this week, asking the question: \u201cIs the Tennessee Plan constitutional?\u201d Judge Holly Kirby of the Tennessee Court of Appeals and Brian Fitzpatrick, Assistant Professor of Law at Vanderbilt Law School, made presentations.<\/p>\n<p>The Tennessee Plan is the mechanism by which the state appoints judges to the<br \/>\nState Supreme Court, the State Court of Appeals, and the State Court of Criminal Appeals. When the plan was implemented in the 1970\u2019s, advocates hailed the plan as a way to keep partisan politics out of the judiciary.<\/p>\n<p>The Judicial Selection Commission, a panel composed of 17 members, offers the Governor a slate of three candidates to fill a vacancy on the court. If the Governor rejects all three candidates on the first slate, he can request another. If this occurs, the Governor must then make a selection from that list of prospective nominees. After being appointed, judges are subject to \u201cyes\/no\u201d retention votes every eight years.<\/p>\n<p>Fitzpatrick said he firmly believes the Tennessee Plan and the Judicial Selection Commission is unconstitutional. He pointed out that should the legislature decide they prefer the commission and the subsequent retention vote, a constitutional amendment would be necessary\u2014which would require not only the approval of two General Assemblies, but also a voter referendum.<\/p>\n<p>Judge Holly Kirby suggested in her testimony that the legislature should look to the intent of the writer\u2019s of our State Constitution. Did they, she asked, intend to limit the power and authority of the legislature to determine the type of elections for appellate judges? She argued that the judicial and executive branches have the most limited authority, and the broadest possible authority was granted to the legislative body, which directly represents the people of this state.<\/p>\n<p>At the center of the debate over the Judicial Selection Commission is the provision in the constitution that states, \u201cThe judges of the Supreme Court shall be elected by the qualified voters of the state.\u201d The state Supreme Court has ruled that the yes\/no retention vote qualifies the system as constitutional, but the debate came to a head in 2007, when the Governor rejected the first two slates of candidates given to him by the Judicial Selection Commission. His actions prompted questions as to whether or not the system was effective and relevant.<\/p>\n<p>The Judicial Selection is currently in \u201cwind-down\u201d due to legislature failing to pass a bill last year extending it. Unless legislation passes this year to extend the commission, it will cease to exist as of June 30, 2009.<\/p>\n<p><span style=\"color: #008000;\"><em><strong>In case you missed it\u2026<\/strong><\/em><\/span><\/p>\n<p><strong>House committee discusses \u201cSecret Ballot Protection Act of 2009\u201d<\/strong>: The House Employee Affairs Subcommittee heard testimony this week regarding the Republican-sponsored \u201cSecret Ballot Protection Act of 2009.\u201d The legislation is an initiative that seeks to preserve the right of voting by secret ballot when it comes to deciding whether or not to elect an exclusive bargaining<br \/>\nrepresentative.<\/p>\n<p>The sponsor argued that the bill is a counter measure to the Democrats\u2019 dangerous card check legislation, which could possibly subject employees to intimidation by making any vote for a union public. Republicans also believe the right to a secret ballot is sacred whether in the voting booth or in the workplace and that the bill is consistent with Tennessee\u2019s Constitution and court decisions that provide that all elections in Tennessee shall be by a method guaranteeing ballot secrecy.<\/p>\n<p><strong>Aggressive driving bill moves out of Transportation Committee:<\/strong> A bill to curb aggressive driving passed out of the House Transportation Committee this week, and will now face the Finance, Ways and Means Committee. House Bill 18 creates a new violation of aggressive driving if the driver is guilty of at least three of the following violations in one continuous episode of the following:<\/p>\n<ul>\n<li>Overtaking on the right<\/li>\n<li>Overtaking and passing in no passing zones<\/li>\n<li>Following too closely<\/li>\n<li>Failing to yield for emergency vehicles<\/li>\n<li>Failing to yield to pedestrians<\/li>\n<li>Failure to signal turn<\/li>\n<li>Speeding<\/li>\n<li>Stopping, standing, or parking in prohibited places<\/li>\n<li>Following fire trucks<\/li>\n<li>Improper use of HOV lanes<\/li>\n<\/ul>\n<p><strong>Constitutional Amendment adding \u201cRight to hunt and fish\u201d passes subcommittee: <\/strong>A constitutional amendment that would add the right to hunt<br \/>\nand fish to the Tennessee Constitution passed out subcommittee this week, and will now face Conservation and Environment Committee. House Joint Resolution 149 has already been passed by a majority in the 105 th General Assembly, meaning that it must now pass the 106th General Assembly with a two-thirds majority before appearing on the ballot in a referendum in 2010.<br \/>\n<span style=\"color: #008000;\"><em><strong><br \/>\nThe week ahead\u2026<\/strong><\/em><\/span><\/p>\n<ul>\n<li>HOUSE SESSION: 5:00 p.m. Monday, March 30, 2009 in the House Chambers<\/li>\n<\/ul>\n<ul>\n<li>HOUSE SESSION: 9:00 a.m. Thursday, April 2, 2009 in the House Chambers<\/li>\n<\/ul>\n<p><strong>Tuesday, March 31, 2009<\/strong><\/p>\n<ul>\n<li>Calendar &amp; Rules Committee, 8:00 a.m., Legislative Plaza 16<\/li>\n<li>Higher Education Subcommittee, 8:30 a.m., Legislative Plaza 29<\/li>\n<li>Consumer Subcommittee, 8:30 a.m., Legislative Plaza 30<\/li>\n<li>Professional Occupations Subcommittee, 8:30 a.m.,Legislative Plaza 31<\/li>\n<li>Commerce Committee, 9:15 a.m., Legislative Plaza 16<\/li>\n<li>Agriculture Committee, 9:15 a.m., Legislative Plaza 29<\/li>\n<li>Family Justice Subcommittee, 9:15 a.m.,Legislative Plaza 30<\/li>\n<li>Health &amp; Human Resources Committee, 10:30 a.m., Legislative Plaza 16<\/li>\n<li>Consumer &amp; Employee Affairs Committee, 10:30 a.m., Legislative Plaza 29<\/li>\n<li>Utilities &amp; Banking Subcommittee, 10:30 a.m., Legislative Plaza 30<\/li>\n<li>Environment Subcommittee, 11:00 a.m., Legislative Plaza 29<\/li>\n<li>State &amp; Local Government Committee, 12:00 p.m., Legislative Plaza 16<\/li>\n<li>Civil Practice &amp; Procedure Subcommittee, 12:00 p.m., Legislative Plaza 31<\/li>\n<li>Finance, Ways &amp; Means Committee, 1:30 p.m., Legislative Plaza 16<\/li>\n<li>Employee Affairs Subcommittee, 1:30 p.m., Legislative Plaza 29<\/li>\n<li>Rural Roads Subcommittee, 1:30 p.m., Legislative Plaza 31<\/li>\n<li>Wildlife Subcommittee, 2:15 p.m., Legislative Plaza 30<\/li>\n<li>Transportation Committee, 3:00 p.m., Legislative Plaza 16<\/li>\n<li>Public Safety Subcommittee (After Trans), Legislative Plaza 16<\/li>\n<li>Public Health Subcommittee, 4:00 p.m., Legislative Plaza 30<\/li>\n<\/ul>\n<p><strong>Wednesday, April 1, 2009<\/strong><\/p>\n<ul>\n<li>Calendar &amp; Rules (TBA), 8:00 a.m., Legislative Plaza 16<\/li>\n<li>Children &amp; Family Affairs Committee, 8:30 a.m., Legislative Plaza 16<\/li>\n<li>State Government Subcommittee, 8:30 a.m., Legislative Plaza 29<\/li>\n<li>Judiciary Committee, 8:30 a.m., Legislative Plaza 31<\/li>\n<li>Local Government Subcommittee, 9:15 a.m.,\u00a0 Legislative Plaza 29<\/li>\n<li>K-12 Education Subcommittee, 10:00 a.m., Legislative Plaza 16<\/li>\n<li>Government Operations Committee, 10:00 a.m., Legislative Plaza 29<\/li>\n<li>Industrial Impact Subcommittee, 10:00 a.m., Legislative Plaza 30<\/li>\n<li>Elections Subcommittee, 10:00 a.m., Legislative Plaza 31<\/li>\n<li>Education Committee, 11:00 a.m., Legislative Plaza 16<\/li>\n<li>Budget Subcommittee, 11:00 a.m., Legislative Plaza 29<\/li>\n<li>Criminal Practice &amp; Procedure Subcommittee, 12:00 p.m., Legislative Plaza 31<\/li>\n<li>Parks and Recreation Subcommittee, 12:30 p.m., Legislative Plaza 16<\/li>\n<li>Domestic Subcommittee, 12:30 p.m., Legislative Plaza 29<\/li>\n<li>Healthcare Facilities Subcommittee, 12:30 p.m., Legislative Plaza 30<\/li>\n<li>Finance Budget Hearings, 1:30 p.m., Legislative Plaza 16<\/li>\n<li>Agriculture Subcommittee, 3:30 p.m., Legislative Plaza 29<\/li>\n<li>Judiciary Committee, 3:30 p.m., Legislative Plaza 31<\/li>\n<\/ul>\n","protected":false},"excerpt":{"rendered":"<p>Week of March 23-27,2009 Budget proposal presented to lawmakers Stimulus funds will foot much of the TennCare bill Higher Education may dodge a bullet Unemployment Insurance Testimony on \u201cwine in grocery stores\u201d Is the Tennessee Plan constitutional? After months of uncertainty while the United States Congress wrangled over details of the American Recovery and Reinvestment [&hellip;]<\/p>\n","protected":false},"author":6,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"ngg_post_thumbnail":0,"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":false,"jetpack_social_options":{"image_generator_settings":{"template":"highway","enabled":false},"version":2}},"categories":[198],"tags":[1076,1077,1078,694,1079,1080,1081,1082,1083],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"","jetpack_shortlink":"https:\/\/wp.me\/p4xGYI-hV","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/www.discoverclarksville.com\/articles\/wp-json\/wp\/v2\/posts\/1111"}],"collection":[{"href":"https:\/\/www.discoverclarksville.com\/articles\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.discoverclarksville.com\/articles\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.discoverclarksville.com\/articles\/wp-json\/wp\/v2\/users\/6"}],"replies":[{"embeddable":true,"href":"https:\/\/www.discoverclarksville.com\/articles\/wp-json\/wp\/v2\/comments?post=1111"}],"version-history":[{"count":5,"href":"https:\/\/www.discoverclarksville.com\/articles\/wp-json\/wp\/v2\/posts\/1111\/revisions"}],"predecessor-version":[{"id":1117,"href":"https:\/\/www.discoverclarksville.com\/articles\/wp-json\/wp\/v2\/posts\/1111\/revisions\/1117"}],"wp:attachment":[{"href":"https:\/\/www.discoverclarksville.com\/articles\/wp-json\/wp\/v2\/media?parent=1111"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.discoverclarksville.com\/articles\/wp-json\/wp\/v2\/categories?post=1111"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.discoverclarksville.com\/articles\/wp-json\/wp\/v2\/tags?post=1111"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}