Capitol Hill Week overshadowed by destruction from devastating storms

This week’s action on Capitol Hill was overshadowed by Tennessee’s "state of emergency" due to severe storms, tornadoes and flooding that resulted in one of the worst natural disasters in the state’s history. There have been 21 confirmed fatalities in the weekend storms.

Prayers for those devastated by the storms were also lifted in the chamber of the State Senate on Thursday. Senators commended state and local emergency personnel who performed above the call of duty during the disaster. They also stopped to express appreciation for the heroic efforts of citizens who participated in the rescue and stopped to remember those who must rebuild in the aftermath of the storms.

The Coast Guard rescued 250 people, while the Tennessee Wildlife Resources Agency (TWRA) helped 351 persons to safety from the flood waters. Twenty-eight shelters opened their doors to assist those who needed a place to stay due to evacuations or destruction of their homes. The American Red Cross and other charitable organizations are working with federal and state partners in the relief effort. In addition, the Tennessee Emergency Management Agency (TEMA) has activated the Tennessee Emergency Donations Hotline to accept contributions to support state flood victims. Volunteers will be answering calls at 8:00 a.m. to 8:00 p.m. CDT daily at the toll free number (866) 586-4483.

Federal officials are working with state and local emergency responders throughout the region. Federal Emergency Management Administration (FEMA) staff and resources have been dispatched to assess the damage and assist with the recovery.

On Monday, Governor Bredesen asked President Obama to declare 52 counties federal disaster areas. The President had declared 21 counties as disaster areas by Thursday. The state expects more counties to be added over the next several days. That designation enables local governments and individuals to access the critical federal grants and/or loans needed to help them recover from the damages sustained due to the high winds and floods. The aid also helps citizens and local and state governments with costs for damage to roads, bridges, emergency protective measures and debris removal. In addition, an expedited declaration has been requested that provides federal reimbursement for 100 percent of all eligible costs for 72 hours from the declaration.

Businesses located in a declared disaster area and that have incurred damage during the disaster may apply for funds to help repair or replace damaged property to its pre-disaster condition. The Small Business Administration makes physical disaster loans of up to $2 million to qualified businesses. Physical Disaster Loans are for permanent rebuilding and replacement of uninsured or underinsured disaster-damaged property. SBA’s physical disaster loans are available to businesses of all sizes and private, non-profit organizations. Businesses can learn more about these funds and apply by visiting the website https://disasterloan.sba.gov/ela/ or by calling (800) 659-2955.

Additionally, there are federal funds available through the Disaster Unemployment Assistance program for workers who have lost work as a direct result of the storms and flooding. The Tennessee Department of Labor and Workforce Development facilitates this program for the Federal Government, and those individuals eligible should call the Tennessee Unemployment Insurance Claims Center at (877) 813-0950 extension 7599.

Individuals are encouraged to call their county Emergency Management Agencies (EMAs) to report their damages so the agency can make the appropriate assessments. Citizens should contact FEMA by either Internet at www.disasterassistance.gov or call 1-800 621- FEMA (3362) to make application for grants or loan approval for loss of personal property if they do not have insurance.

Voter Identification legislation debated on Senate Floor

The full Senate debated legislation on final consideration this week aiming to strengthen the integrity of elections in Tennessee. The bill requires that voter registration forms contain a disclaimer that clarifies giving false information to register to vote carries a criminal penalty. The legislation, Senate Bill 194, also requires that applicants affirm they are lawfully in the United States. The U.S. Constitution requires citizenship to vote. In addition, federal law makes it a crime knowingly to make a false statement or claim regarding citizenship upon registering to vote.

Currently, election officials in the field may have questions about what they can ask for to substantiate that assertion when an applicant checks the box that they are a U.S. citizen. These officials don’t want to bring it up if they are not authorized to ask for certain identification. This legislation, as amended by the Senate, gives them guidance and clarifies what they can ask for if an election official chooses to put that person to the test. This includes a drivers license, U.S. naturalization documents, birth certificate, passport, Federal Bureau of Indian Affairs card or other documents or methods of proof that are established pursuant to the federal Immigration Reform and Control Act.

In Brief…

Ethics and Education / Utility Boards — The full Senate voted 31 to 0 to approve legislation strengthening the professional and ethical requirements for utility boards across Tennessee. Senate Bill 3513 requires 12 hours of continuing education for commissioners during a three-year period. This provision would not apply to members of gas utility district boards who receive extensive annual training as reviewed by the Comptroller. It also requires that if a utility board commissioner is indicted on a matter related to their duties, they would have to step until the indictment is cleared. If they are subsequently convicted, they would be suspended from the board.

Background checks / beer permit holders — The Senate Finance Committee approved a bill this week that would authorize local governments to conduct criminal background checks and fingerprint analysis with the cooperation of the Tennessee Bureau of Investigation (TBI) and Federal Bureau of Investigation (FBI) for beer permit holder applicants. Currently, local officials can only access local and state law enforcement records to see if an applicant has a criminal history. However, some communities want the authority to do a broader search to ensure permit holders do not have a criminal background in other states. Senate Bill 3330 gives local governments the authority under Tennessee law for the TBI to access FBI databases to do the check.

Unemployment Compensation Fund / Direct Deposit — The Senate Finance Committee has approved Senate Bill 3518 that allows a person drawing unemployment compensation to request that their weekly benefit be paid by direct deposit into a financial institution that the claimant selects. It requires that the full Social Security number be omitted from the unemployment check and check stubs. The move would also result in a $3 million decrease in state expense over time for the state’s Unemployment Compensation Fund.

Employer options for payment of wages — Similarly, the governor has signed Senate Bill 2633 that allows Tennessee employers to have the right to issue payment of wages through either an electronic automated fund transfer or a prepaid debit card under legislation approved this year. The bill, which is permissive, aims to help employers lower expenses by giving them the right to use these payment methods as an alternative. The move is expected to save employers, who choose to utilize fund transfer, an estimated 75 percent from the costs of issuing payment by check. Under the bill, employees would not be charged for the debit card withdrawal if they choose to access an in-network ATM machine to receive the payment.

Purple Heart Memorial Plate — The full Senate voted unanimously to approved Senate Bill 2382 authorizing widows and widowers of persons entitled to receive holders of Purple Heart memorial plate to obtain a plate upon such persons’ death.

Grandparent visitation — The State Senate has approved Senate Bill 3036 to allow the courts to grant grandparent visitation in cases where one of the child’s parents has died and the surviving parent has terminated the relationship between the child and grandparent. This bill creates a rebuttable presumption of substantial harm to a child if the child is not granted visitation with a grandparent who is the parent of the child’s deceased parent. Currently, Tennessee law provides court standing for grandparents to petition visitation rights in certain circumstances. However, the court must first determine whether cessation of visitation between a grandparent and grandchild constitutes a substantial threat of harm to the child.

Banks / Consumers — The governor signed legislation this past week that would provide assistance to homeowners who are about to lose their home due to non-payment and gives them the opportunity to contact their lender in an effort to avoid foreclosure. The legislation, Senate Bill 3519, requires that a new simple and easy to understand notice be sent to homeowners when they fall behind or become delinquent in their mortgage payments to help them find a resolution or to see if there are any governmental programs available to avoid a foreclosure sale. The notice also points the borrower to the various federal loan modification programs which might be available to them.

Child abductions — Legislation that aims to reduce the risk of child abduction in Tennessee was signed by the governor this past week.  Senate Bill 3065 provides courts with guidelines to follow regarding potential child abductions and to provide courts with appropriate measures to prevent these crimes. This includes information about abduction risk factors so that they can place appropriate restrictions to prevent abductions.  Using these guidelines the court must determine that there is a credible risk of child abduction, and then the court may consider preventative measures.

Abortion / Federal health care bill — The governor returned without his signature legislation to prohibit taxpayer-funded coverage for abortion services in Tennessee associated with the federal healthcare bill passed by Congress in March.  Senate Bill 2686, which now becomes law without the governor’s signature, prohibits any health care plan established pursuant to federal health care reform legislation enacted by the 111th United States Congress from offering coverage for abortion services.

This entry was posted on Thursday, May 6th, 2010 at 6:54 pm and is filed under Capitol Updates.
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