Clarksville, TN Online » Economic Development

New Tennessee laws are in effect

News Staff — Tue, 07 Jul 2009 14:00:34 +0000

Despite tight revenues, state finishes fiscal year on schedule, lawmakers save jobs, education programs. (See complete text below of newly published Public Chapters of the Tennessee Code Annotated.)

NASHVILLE – While several other states struggle to close out the fiscal year ending Wednesday, Tennessee has already published new laws passed during its recently completed legislative session.

“We didn’t have a $24 billion shortfall in revenue like the legislators in California are struggling with, but it was still a tight budget year in Tennessee,” Senator Lowe Finney of Jackson, incoming chairman of the Senate Democratic Caucus, said.

Still, we were able to protect our better schools program – pre-K in particular – and we can move ahead with projects that will put Tennesseans back to work.

That’s good for our families, our hometown economies and our state revenue. As more jobs begin to open up – thanks to projects like the West Tennessee industrial megasite – we can build a stable tomorrow for Tennesseans.

Among the laws now in effect:

Increased energy efficiency is now required in state buildings and vehicles.
Sex offenders are prohibited from being within 1,000 feet of certain places where children are likely to gather.
Tennessee driver’s licenses now print birthdates larger to make them easier for retailers to read.
Vending machines installed on state property after July 1 must use energy efficient lighting, and the new lighting must be installed on any that are repaired.

Public Chapters with 7/1/09 Effective Date

Topic	Chapter No	Doc Number	Description
Abuse	337	SB1776	As enacted, revises definitions of “adult” and “imminent danger” in the adult protection statute. – Amends TCA Title 71, Chapter 6.
Alcoholic Beverages	208	SB1947	As enacted, specifies that retailers are prohibited from selling intoxicating liquors to persons who are “visibly intoxicated” or accompanying a “visibly intoxicated” person rather than somone who is “drunk” or accompanying a “drunk” person. – Amends TCA Section 57-3-406 and Section 57-5-301.
Attorneys at Law	7	HB0416	As enacted, clarifies that certain government employees are not prohibited from providing pro bono legal services. – Amends TCA Title 8; Title 16 and Title 23.
Autopsies	276	SB1517	As enacted, creates Class A misdemeanor offense for unauthorized dissemination of autopsy materials. – Amends TCA Title 38 and Title 39.
Beer	314	HB0347	As enacted, authorizes a city or county to seek a criminal history background check or fingerprint check on an applicant for a beer permit and to enter into an agreement with the TBI to conduct a search on such information. – Amends TCA Title 57, Chapter 5, Part 1.
Boards and Commissions	497	SB2149	As introduced, establishes the “Tennessee state museum commission.” – Amends TCA Title 4.
Child Abuse	86	SB0810	As enacted, clarifies that the meaning of near fatality, for purposes of allowing public disclosure of confidential department of children’s services information relating to such, is a child having a serious or critical medical condition resulting from child abuse or child sexual abuse as reported by a physician who has examined the child subsequent to such abuse. – Amends TCA Title 37, Chapter 5.
Child Abuse	88	SB0866	As enacted, describes serious bodily injury in children to include second or third degree burns, bone fractures, concussion, and permanent or protracted disfigurement. – Amends TCA Title 39.
Child Abuse	89	SB0867	As enacted, describes dangerous instrumentality as any item in its manner of use or intended use as applied to a child that is capable of producing serious bodily injury. – Amends TCA Title 39.
Child Abuse	335	SB1530	As enacted, specifies that juvenile courts, general sessions courts, and circuit and criminal courts have concurrent jurisdiction to hear criminal prosecutions of child abuse and neglect. – Amends TCA Title 16, Chapter 15; Title 37, Chapter 1; Title 39, Chapter 15 and Title 40, Chapter 1, Part 1. -
Child Custody and Support	442	HB0804	As introduced, permits parents called to active military service that requires them to be out of state for more than 90 days to petition the court to assign their visitation rights during their absence to another person approved by the court. – Amends TCA Title 36, Chapter 6, Part 3.
Children’s Services, Dept. of	87	SB0853	As enacted, requires the department to consistently apply policies, rules, and regulations across the state; adds an annual legislative review of department policies and attached protocol and procedures; and requires the department to submit new policies for legislative review. – Amends TCA Title 37, Chapter 5, Part 1.
Children’s Services, Dept. of	358	SB0809	As enacted, clarifies that the department and any state or local agency records that contain information that identifies the person who made a report of child abuse or neglect are confidential; specifies limited exceptions. – Amends TCA Title 10, Chapter 7, Part 5; Title 36, Chapter 1, Part 1 and Title 37.
Consumer Protection	469	SB0812	As introduced, enacts the “Uniform Debt Management Services Act.” – Amends TCA Title 47.
Contractors	483	SB1417	As introduced, establishes as an unfair act under the Consumer Protection Act the practice of a general contractor requiring a subcontractor, as a condition of being awarded a job, to waive the subcontractor’s lien rights. – Amends TCA Title 47, Chapter 18; Title 47, Chapter 25; Title 62, Chapter 6 and Title 66, Chapter 34.
Correctional Programs	452	SB0104	As introduced, mandates the department of correction to develop and implement a society plan for every incarcerated prisoner for reentry into society. – Amends TCA Title 41.
Courts	427	SB0683	As introduced, prohibits any person who has, or has had in the past two years, a sexual relationship with a party or a party’s attorney from recording or transcribing for submission to any court or administrative tribunal any hearing in an action involving such party or such party’s attorney. – Amends TCA Title 24, Chapter 9, Part 1.
Courts, Juvenile	411	HB0327	As introduced, requires the juvenile court to work in coordination with any other court having jurisdiction over the child or the child’s family when requiring any parent or legal guardian of a child within the jurisdiction of the court to participate in any counseling or treatment program the court may deem appropriate and in the best interest of the child. – Amends TCA Title 16; Title 17; Title 18; Title 34; Title 36; Title 37; Title 39 and Title 40.
Criminal Offenses	83	SB0437	As enacted, creates Class A misdemeanor offense of possession of device, tool, or other item with the intent to use it, or allow it to be used, to unlawfully render inoperative a security device used or designed to prevent or deter the theft of retail merchandise. – Amends TCA Title 39, Chapter 14, Part 7.
Criminal Offenses	155	SB0294	As enacted, creates a Class A misdemeanor offense for a person to knowingly provide, transfer, or submit to any other person false identification for the purposes of obtaining or maintaining employment. – Amends TCA Title 39, Chapter 14; Title 39, Chapter 17 and Title 50.
Criminal Offenses	241	SB0388	As enacted, provides that escaping from the lawful custody of a law enforcement officer constitutes the offense of escape the same as escaping from a penal institution. – Amends TCA Title 39, Chapter 16, Part 6.
Criminal Offenses	274	SB1168	As enacted, creates offenses regarding improper wearing of military decorations or falsely representing that one has been awarded military decorations; offense is Class B misdemeanor, unless medal involved is a Congressional Medal of Honor, Distinguished Service Cross, Navy Cross, Air Force Cross, Silver Star, or Purple Heart, in which case it is a Class A misdemeanor. – Amends TCA Title 39, Chapter 14 and Title 58, Chapter 1.
Criminal Offenses	282	HB0218	As enacted, requires certain actions by buyers and dealers of scrap jewelry and metal and makes a violation of such requirements a Class A misdemeanor. – Amends TCA Title 38, Chapter 1, Part 2.
Criminal Offenses	307	SB1665	As enacted, redefines “serious bodily injury” to include a broken bone of a child who is eight years of age or younger. – Amends TCA Section 39-11-106. -
Criminal Offenses	325	HB0516	As enacted, creates offense of making false statement or concealment of material fact for purpose of obtaining accommodation in housing project of a housing authority or for paying less rent than required for such dwelling; offense is Class A misdemeanor punishable by fine only, with fine to be determined in accordance with value of the benefit, in accordance with theft provisions. – Amends TCA Title 39, Chapter 11, Part 1 and Title 39, Chapter 14, Part 1.
Criminal Offenses	342	HB0253	As enacted, adds certain violations of rules of road to present violations resulting in accident that are penalized as Class A misdemeanors when involving death or as Class B misdemeanors when involving serious bodily injury. – Amends TCA Title 55, Chapter 8.
Criminal Offenses	347	SB0113	As enacted, revises the Class A misdemeanor harassment to add offense committed by a person who intentionally communicates with another person without legitimate purpose: with the malicious intent to frighten, intimidate or cause emotional distress or in a manner the defendant knows or reasonably should know would frighten, intimidate or cause emotional distress to a similarly situated person of reasonable sensibilities; and as the result of the communication, the person is frightened, intimidated or emotionally distressed. – Amends TCA Title 39, Chapter 17, Part 3.
Criminal Offenses	386	HB0590	As enacted, defines “proceeds” for money laundering offenses to include gross profits from commission of any unlawful activity including real or personal property. – Amends TCA Title 39.
Criminal Offenses	408	SB1976	As introduced, modifies certain statutory provisions pertaining to certain types of theft. – Amends TCA Title 39, Chapter 14, Part 1.
Criminal Offenses	412	HB0351	As introduced, creates new Class E and D felony offenses of assault on law enforcement officer, and Class B felony offense of aggravated assault on law enforcement officer. – Amends TCA Title 39, Chapter 13, Part 1.
Criminal Offenses	439	HB0588	As introduced, establishes what crimes may be a lesser included offense generally and states that second degree murder is a lesser included offense of certain first degree murder charges. – Amends TCA Title 40.
Criminal Offenses	440	HB0591	As introduced, deletes offense of interception of cellular or wireless telephone transmissions; redefines “electronic communication” and “wire communication” for certain wiretapping and electronic surveillance offenses. – Amends TCA Title 39 and Title 40.
Criminal Procedure	115	SB0284	As enacted, establishes the venue for a violation of community supervision for life of a sexual offender as the county where the offender was being supervised at time of violation and permits probation officer to be affiant for purposes of obtaining affidavit of complaint against person. – Amends TCA Title 39, Chapter 13, Part 5.
Criminal Procedure	194	HB0070	As enacted, revises the prohibition against using deadly force in defense of property to specify that prohibition would not apply if a person is justified in using deadly force as otherwise provided by law for defense of oneself or defense of another person. – Amends TCA Title 39, Chapter 11, Part 6.
Criminal Procedure	379	SB1638	As enacted, requires district attorney general to complete and file uniform judgment document within 30 days after sentencing; requires that the document be signed by all parties, but if not signed by the parties, the clerk must make a copy of the document available to the parties before entry by the court. – Amends TCA Title 40, Chapter 35. -
Criminal Procedure	387	HB0815	As enacted, expands the offense of aiming a laser pointer or other device at a law enforcement officer to include aiming at firefighters, emergency medical technicians, or other emergency service personnel. – Amends TCA Section 39-16-515.
Criminal Procedure	390	HB1210	As enacted, prohibits parent from being issued arrest warrant or criminal summons against teacher without written approval of district attorney if the conduct alleged involved the teacher and a child of such parent. – Amends TCA Title 40.
Criminal Procedure	432	HB0583	As introduced, adds property received that is used as instrumentality in or in furtherance of violation of any criminal offense to criminal proceeds subject to forfeiture. – Amends TCA Title 39.
Divorce, Annulment and Alimony	280	HB0066	As enacted, removes a provision that allows a court to dismiss a divorce or legal separation complaint because the complaint lacks required information; allows, as an alternative to the specified information being included in the complaint, that the information be provided by the parties and be contained in the court’s records prior to the entry of the final decree of divorce; revises provisions governing when information does not have to be included. – Amends TCA Title 36, Chapter 4, Part 1.
Domestic Violence	455	SB0314	As introduced, requires person subject to order of protection to surrender all firearms the person owns or possesses to the sheriff of county of residence and creates Class A misdemeanor of person subject to an order of protection possessing a firearm. – Amends TCA Title 36, Chapter 3, Part 6; Title 39, Chapter 13, Part 1 and Title 39, Chapter 17, Part 13.
Drug and Alcohol Rehabilitation	459	SB0451	As introduced, adds assisting clients with applying for state and federal benefits to the statutory functions of licensed alcohol and drug abuse counselors. – Amends TCA Title 33; Title 68, Chapter 11 and Title 68, Chapter 24.
Economic and Community Development	424	HB1847	As introduced, revises the Neighborhood Preservation Act. – Amends TCA Title 13, Chapter 6.
Education	38	SB0073	As enacted, removes restriction on commercial advertising on school buses that requires such advertising to be composed of black lettering on a white background; prohibits advertisement of individual food items that, pursuant to law, cannot be sold via vending machines to students in pre-K through grade 8. – Amends TCA Section 49-6-2109(e).
Education	127	SB0850	As enacted, places restrictions on universal mental health testing, or psychiatric or socioemotional screening of juveniles; requires certain consent by a juvenile’s parent, guardian, legal custodian, or caregiver before such testing can occur. – Amends TCA Title 9, Chapter 4 and Title 49, Chapter 2, Part 1.
Education	160	SB0680	As enacted, authorizes courts to notify the school of a child who is adjudicated delinquent based on an offense for which school notification is not mandatory under law. – Amends TCA Title 37, Chapter 1 and Title 49, Chapter 6.
Education	262	SB2312	As enacted, removes requirement of passage of the Tennessee comprehensive assessment program tests in order to receive a full diploma; provides for end-of-course assessments; revises lottery scholarship day provisions. – Amends TCA Title 49.
Education	283	HB0324	As enacted, restates provisions governing reporting of suspected child abuse by personnel of educational institutions and release of related records. – Amends TCA Title 10; Title 37 and Title 49.
Education	315	HB0374	As enacted, requires written referrals for student’s behavior to be returned to faculty or staff member issuing the referral; referral to be kept in a student discipline file and not part of student’s permanent record. – Amends TCA Title 49, Chapter 6. -
Education, Higher	204	SB1073	As enacted, exempts from the American History course requirement for a baccalaureate degree persons who pursue baccalaureate degrees in areas of study exempted, either by regulation of the board of regents or by regulations or delegated authority of the board of trustees of the University of Tennessee, if they have successfully completed a course in American History in high school. – Amends TCA Section 49-7-110.
Education, Higher	352	SB0681	As enacted, renames or corrects the names of certain community colleges. – Amends TCA Title 49.
Election Laws	218	SB1420	As enacted, makes various revisions to the election laws including allowing a person to email a transfer of voter registration or email a request for an application to vote absentee. – Amends TCA Section 2-7-112(a)(3)(C)(i); Section 2-2-129(a)(1); Section 2-6-103(b)(1); Section 2-6-202(a)(3); Section 2-6-304(f); Section 2-7-133(i); Section 2-7-142; Section 2-8-108 and Section 2-8-113(c).
Evidence	332	SB0523	As enacted, creates privileged communication between critical incident stress management team members and persons participating in crisis intervention. – Amends TCA Title 24, Chapter 1, Part 2.
Evidence	413	HB0619	As introduced, admits into evidence a videotaped statement made by a child under the age of 13 years describing any act of sexual contact or physical abuse if child unavailable and statement reliable. – Amends TCA Title 24. -
Financial Responsibility Law	370	SB2150	As enacted, requires law enforcement officers to request proof of compliance with financial responsibility laws upon charging a person with any motor vehicle violation instead of only moving violations. – Amends TCA Section 55-12-139.
Firearms and Ammunition	102	HB0254	As enacted, deletes requirement that the purchaser of a firearm give a thumbprint as part of background check process and that the TBI furnish thumbprint cards and pads to firearm dealers; clarifies that dealer must request TBI to conduct background check by “means designated by the TBI” instead of “by telephone”. – Amends TCA Title 39, Chapter 17, Part 13.
Firearms and Ammunition	195	HB0411	As enacted, enacts the “Coach Willard Ross Act of 2009,” which creates a Class A misdemeanor offense of attempting to buy firearm when prohibited by law from possessing firearm and attempting or selling firearm to person known to be prohibited by law from possessing firearm. – Amends TCA Title 39, Chapter 17, Part 13.
Foster Care	270	SB0855	As enacted, establishes procedures for reviewing actions of department of children’s services when a foster parent believes that the department has failed to follow the foster parents bill of rights and such failure has harmed or could harm a child. – Amends TCA Section 37-2-415.
Game and Fish Laws	213	SB0235	As enacted, provides that the determination as to whether property, such as vehicles, seized for violations of certain game and fish laws is forfeited to state is determined by court hearing the violation rather than an administrative hearing officer. – Amends TCA Title 70, Chapter 6, Part 2.
Hospitals and Health Care Facilities	312	SB2234	As enacted, extends expiration date of the tax on the gross receipts of ICFMRs from July 15, 2009, to July 15, 2011. – Amends TCA Section 68-11-830.
Hospitals and Health Care Facilities	323	SB0443	As enacted, authorizes the board for licensing health care facilities to delegate to the department of health the authority to issue a new license to a successor owner of a health care facility when there has been a change of control if certain requirements met; increases the amount of major medical equipment, the acquisition of which requires a certificate of need from $1.5 million to $2 million. – Amends TCA Title 4 and Title 68. -
Hospitals and Health Care Facilities	384	HB0093	As enacted, requires criminal background checks to be conducted for nursing direct care employees “prior to employment” instead of “prior to employment or within seven days of employment”. – Amends TCA Section 68-11-256.
Hospitals and Health Care Facilities	405	SB0485	As introduced, increases maximum civil penalty for operating a facility without a valid certificate of need from $500 to $1,000 per day of continued operation. – Amends TCA Title 63 and Title 68.
Hospitals and Health Care Facilities	460	SB0453	As introduced, extends nursing home bed privilege tax for two years until June 30, 2011; revises provisions governing delinquent tax. – Amends TCA Title 68, Chapter 11, Part 2.
Hospitals and Health Care Facilities	461	SB0454	As introduced, extends prohibition on new nursing home bed certificates of need to June 30, 2011, except for 125 Medicare SNF beds. – Amends TCA Title 68, Chapter 11, Part 16.
Human Rights Commission	437	HB0129	As introduced, directs human rights commission to develop a Title VI compliance plan applicable to certain state governmental entities; sets out duties of human rights commission in regards to Title VI provisions. – Amends TCA Title 4, Chapter 3.
Insurance Companies, Agents, Brokers, Policies	178	HB0981	As enacted, revises provisions governing maximum liability under the Tennessee Life and Health Insurance Guaranty Act in regard to annuity benefits to increase liability amount from $100,000 to $250,000. – Amends TCA Title 56, Chapter 12.
Judges and Chancellors	172	HB0083	As enacted, adds retired general sessions judges to present officials, including general sessions judges and retired judges and chancellors of courts of record, who may administer oaths of office to elected or appointed public official. – Amends TCA Title 8, Chapter 18, Part 1.
Law Enforcement	190	SB2161	As enacted, clarifies that the POST commission will issue a certificate to any campus police officer or public safety officer upon the officer’s completing a training program. – Amends TCA Title 38 and Title 49.
Law Enforcement	284	HB0417	As enacted, authorizes independent contractors who provide on-site security and law enforcement capability at certain government property that is an air force base and flight simulation test center to employ persons to act as private special deputies for such purposes. – Amends TCA Title 38, Chapter 8, Part 1.
Limitation of Actions	498	SB2164	As introduced, limits tort liability of agritourism professionals under certain circumstances. – Amends TCA Title 43 and Title 70, Chapter 7.
Litter Control	382	SB2184	As enacted, requires county mayors to administer certain funds for litter control programs. – Amends TCA Section 39-14-510.
Local Education Agency	153	SB0283	As enacted, requires, rather than encourages, school districts to include certain criteria in policies prohibiting harassment, intimidation, or bullying. – Amends TCA Section 49-6-1016.
Local Education Agency	291	SB0251	As enacted, enacts the “Archival Protection Act of 2009″ to urge preservation of historically significant personal property located in public schools that have been closed. – Amends TCA Title 49.
Mental Illness	95	SB1538	As enacted, establishes legislative intent concerning priority of services to behavioral health safety net; establishes 19 years of age as the minimum age at which a person qualifies as an adult for purposes of determining which persons qualify as seriously and persistently mentally ill adults for purposes of this bill. – Amends TCA Title 33, Chapter 6 and Title 71, Chapter 5, Part 1.
Mental Illness	419	HB1348	As introduced, authorizes court to order outpatient evaluation of criminal defendant pending a post-trial proceeding under certain circumstances. – Amends TCA Title 33, Chapter 7, Part 3.
Mental Illness	468	SB0772	As introduced, provides for prescreening agents, physicians, and psychologists to be considered state employees when assessing persons for admission and transportation to involuntary inpatient treatment; establishes a task force to study issues related to transportation of persons to such treatment. – Amends TCA Title 8, Chapter 42, Part 1 and Title 33, Chapter 6, Part 9.
Mental Retardation	458	SB0416	As introduced, specifies that new ICF/MR beds must be filled by persons from the developmental centers or from the wait list; requires that the division of mental retardation services approve the persons to fill the new beds. – Amends TCA Title 33; Title 68, Chapter 11 and Section 71-5-105.
Mobile Homes and Manufactured Buildings	132	SB0883	As enacted, revises provisions concerning manufactured homes affixed to real property including cancellation of certificate of title. – Amends TCA Section 55-3-138.
Motor Vehicles	201	SB0393	As enacted, prohibits sending or reading text messages while operating a motor vehicle; provides certain exceptions. – Amends TCA Title 55.
Motor Vehicles	286	HB1187	As enacted, broadens prohibitions on window tinting to any motor vehicle operated on a public highway, rather than only to those registered in Tennessee; and creates exemption for motor vehicles registered in another state that comply with requirements of such state. – Amends TCA Title 55, Chapter 9, Part 1. -
Motor Vehicles	324	HB0355	As enacted, requires law enforcement officer to conduct test to determine blood alcohol of driver involved in accident resulting in injury or death if officer has probable cause to believe driver committed DUI, vehicular homicide, or aggravated vehicular homicide; provides that test results may be offered as evidence in court or administrative hearing relating to accident or offense, subject to rules of evidence. – Amends TCA Title 55, Chapter 10, Part 4.
Motor Vehicles	441	HB0669	As introduced, requires liability insurance be maintained on all motor vehicles operated in Tennessee; insurance companies shall notify division of financial responsibility when coverage is terminated; owner of motor vehicle has 60 days to obtain insurance coverage again. – Amends TCA Title 55 and Title 56. -
Motor Vehicles, Titling and Registration	265	HB0985	As enacted, specifies that an “antique motor vehicle” additionally includes a motor vehicle at least 25 years old with a non-modified engine and body that is used on the highways for the purpose of selling, testing the operation of, or obtaining repairs to or maintenance on the motor vehicle. – Amends TCA Title 55, Chapter 4.
Narcotics	67	SB0408	As enacted, makes concealing that one has received a controlled substance in an effort to obtain more of that substance a Class A misdemeanor and requires certain health care professionals to report suspicion of such to local law enforcement without civil liability. – Amends TCA Title 53, Chapter 11.
Nurses, Nursing	403	SB0009	As introduced, certifies medication technicians who can administer certain medications in nursing homes under the supervision of licensed nurses. – Amends TCA Title 63, Chapter 7, Part 1.
Parks, Natural Areas Preservation	207	SB1793	As enacted, requires the commissioner of the department of environment and conservation to offer discounted rates to veterans who are Tennessee residents for activities at Tennessee state parks during the off season. – Amends TCA Title 11, Chapter 3.
Pensions and Retirement Benefits	438	HB0352	As introduced, authorizes retired members of TCRS to work for a city or county government without their retirement benefits being suspended or lost; provides that retirement benefits are not increased by employment in a local government entity. – Amends TCA Title 8, Chapter 36, Part 8. -
Pest Control	363	SB1548	As enacted, provides terms for the engagement of services for certain termite inspection and prevention plans without initial chemical treatment. – Amends TCA Title 62, Chapter 21, Part 1.
Physicians and Surgeons	416	HB0722	As introduced, removes the Class B misdemeanor offense of practicing naturopathy. – Amends TCA Section 63-6-205.
Probation and Parole	313	SB2271	As enacted, requires offenders under the jurisdiction of the board of probation and parole who transfer residence to another state pursuant to the interstate compact for the supervision of adult offenders to pay to the board an application fee for the transfer; requires board to set the amount of the fee by rule. – Amends TCA Title 40, Chapter 28, Part 2.
Professions and Occupations	279	SB2310	As enacted, makes various changes concerning pre-need funeral contracts, home inspectors, collection services, and real estate appraisers. – Amends TCA Sections 62-5-403, 62-5-409, 62-6-307, 62-20-102, 62-20-108, 62-39-102, and 62-39-105..
Professions and Occupations	421	HB1495	As introduced, revises various provisions involving the practice of polysomnography. – Amends TCA Title 63, Chapter 31, Part 1.
Public Contracts	251	SB1213	As enacted, requires the department of health to reimburse residential homes for the aged for each resident whose income does not exceed $800 per month and whose income is limited to SSI benefits. – Amends TCA Title 12, Chapter 4, Part 3.
Public Records	176	HB0604	As enacted, extends confidential status to certain identifying information compiled and maintained by the department of correction or board of probation and parole concerning a person who has requested that notification be provided regarding the status of criminal proceedings or of a sentenced felon. – Amends TCA Title 4, Chapter 3; Title 10, Chapter 7, Part 5; Title 40, Chapter 28; Title 40, Chapter 38 and Title 41, Chapter 21.
Railroads	372	SB2224	As enacted, requires any person commissioned as a railroad police officer to receive POST certification prior to such commission; requires the POST commission to issue a certificate of compliance to any person seeking to be commissioned as a railroad police officer, if the person meets the qualifications for employment as a police officer and satisfactorily completes the approved recruit training program. – Amends TCA Title 38, Chapter 8 and Title 65, Chapter 6.
Real Property	112	HB0380	As enacted, requires seller of real property to disclose if property is located in planned unit developments prior to entering a contract with buyer. – Amends TCA Title 66, Chapter 27 and Title 66, Chapter 5, Part 2.
Real Property	156	SB0429	As enacted, authorizes right of redemption within one year from the date of the order of confirmation of sale, rather than from date property was sold. – Amends TCA Title 67, Chapter 5.
Remedies and Special Proceedings	385	HB0527	As enacted, allows court to deny name change petition if court believes it is to defraud, not made in good faith, will cause injury, or compromises public safety. – Amends TCA Title 29, Chapter 8, Part 1.
School Transportation	436	HB0092	As introduced, allows school buses to be used up to 20 years of service, subject to annual safety inspections, by extending permissible, yearly waiver limit for their service life after initial 12 years of service from current three years to eight years. – Amends TCA Section 49-6-2109.
Sentencing	203	SB0946	As enacted, grants trial judge the option to resentence a defendant whose probation has been revoked to a sentence of community correction, if the probation violation was a technical violation, as well as ordering the original sentence reinstated and the incarceration of the defendant. – Amends TCA Title 40, Chapter 35.
Sexual Offenses	414	HB0620	As introduced, redefines “indecent exposure” to include knowingly engaging in the person’s own residence certain conduct in the presence of a child for the purpose of sexual arousal or gratification. – Amends TCA Title 39 and Title 40. -
Solid Waste Disposal	73	SB2066	As enacted, amends the Landfill Methane Development Act to identify certain circumstances and purposes for which refined, landfill methane shall be deemed to be natural gas. – Amends TCA Title 65, Chapter 28, Part 2.
Taxes, Exemption and Credits	380	SB2090	As enacted, authorizes conveyance of certain property purchased at tax sale by Shelby County, or included municipality, to adjoining property owners upon actual or in-kind payments of property’s fair market value. – Amends TCA Section 67-5-2509(d).
Taxes, Litigation	488	SB1684	As introduced, adds $1 privilege tax on criminal cases to fund grants for a 24-hour a day victim information and notification system to be operated by the Tennessee sheriff’s association. – Amends TCA Title 40, Chapter 38 and Title 67, Chapter 4, Part 6.
Taxes, Real Property	478	SB1166	As introduced, specifies procedures for sale of property purchased at a delinquent tax sale for municipal taxes only. – Amends TCA Title 6, Chapter 55, Part 2 and Title 67, Chapter 5. -
Taxes, Severance	138	SB1086	As enacted, increases the tax on coal products severed from the ground in this state and increases the amount of tax revenue collected that is allocated to the county from which the coal products were severed; allows department of revenue to retain certain amounts in two fiscal years to recover expenses. – Amends TCA Section 67-7-104 and Section 67-7-110.
Teachers, Principals and School Personnel	353	SB0718	As enacted, extends provisions regarding dismissal of tenured teacher in Davidson County to also apply in Shelby County. – Amends TCA Title 49, Chapter 5.
Telecommunications	275	SB1210	As enacted, creates a 2-1-1 advisory council. – Amends TCA Section 65-4-117(b).
TennCare	471	SB0851	As introduced, requires that home health care services be provided in the recipient’s home and for service delivery purposes follows the recipient into the community. – Amends TCA Title 71, Chapter 5.
Tobacco Master Settlement Agreement	340	HB1676	As enacted, imposes penalty for failure of a tobacco distributor or manufacturer to provide certain information to commissioner of revenue. – Amends TCA Section 67-4-2604.
Tobacco, Tobacco Products	343	HB0530	As enacted, requires that at least 15 days prior to removal of a tobacco product manufacturer or brand family from the tobacco product manufacturer directory, the commissioner of revenue must post notification of such removal in the directory and transmit notice to any person who provides an email address to the commissioner for the purposes of receiving notifications of directory updates via email. – Amends TCA Title 67, Chapter 4, Part 26. -
Tort Liability and Reform	425	HB2233	As introduced, adds the necessity of showing by clear and convincing evidence to the extraordinary good cause needed for a court to excuse noncompliance with certain requirements for medical malpractice filings. – Amends TCA Section 29-26-121.
Traffic Safety	397	HB1605	As enacted, revises requirements governing bicycle use at nighttime to require that a bicycle be equipped with a lamp on the front that emits a white light visible from a distance of at least 500 feet to the front and either a red reflector or a lamp emitting a red light that is visible from a distance of 500 feet to the rear when directly in front of lawful upper beams of head lamps on a motor vehicle. – Amends TCA Title 55, Chapter 8. -
Transportation, Dept. of	197	HB1311	As enacted, removes department of finance and administration’s authority to transfer funds from the highway fund. – Amends TCA Section 4-3-1016 and Title 54, Chapter 2, Part 1.
Vending Machines	350	SB0395	As enacted, requires vending machines located on state property to either use energy efficient lights for advertising or have the lights used solely for advertising removed. – Amends TCA Title 12, Chapter 2, Part 1 and Title 53, Chapter 12, Part 1.
Veterans	219	SB1659	As enacted, authorizes veterans to request removal of their social security numbers from war records. – Amends TCA Title 4; Title 10 and Title 58.
Victims’ Rights	50	SB1208	As enacted, confers immunity from civil action upon victim of crime for testimony given at offender’s parole hearing unless testimony is intentionally and maliciously false and defamatory. – Amends TCA Title 40.
Wine, Wineries	348	SB0166	As enacted, creates direct shipper license to be issued through the alcoholic beverage commission that would allow an in-state or out-of-state entity to ship wine directly to consumers age 21 years or older in this state for personal use. – Amends TCA Title 57, Chapter 3.
Workers Compensation	364	SB1567	As enacted, provides that any employee who retains the right to reconsideration of an award of permanent partial disability benefits for a workers’ compensation injury that occurs on or after July 1, 2009, and whose pre-injury employer is sold or acquired after such award is made, may seek reconsideration from the successor employer if either the employee’s employment with the successor employer is involuntarily terminated through no fault of the employee or the employee’s rate of pay is reduced to a level below the rate of pay that the employee had at the time of the injury. – Amends TCA Title 50 and Title 56. -
Workers Compensation	373	SB2299	As enacted, authorizes the commissioner of commerce and insurance to establish by rule requirements for securities posted by self-insured employers; requires that the employer’s losses and adequacy of reserves be certified annually, instead of biennially. – Amends TCA Title 50, Chapter 6, Section 405, and Title 56, Chapter 4. -
Workers Compensation	486	SB1574	As introduced, decreases amount of civil penalty commissioner of commerce and insurance may assess to insurance companies for failure to submit modification factors or rates from $2,000 per incident to $1,000 per incident. – Amends TCA Title 50 and Title 56.

Rep. Johnson to chair Task Force on Budget, Economic Development

News Staff — Fri, 13 Mar 2009 01:00:54 +0000

Rep. Curtis Johnson, House District 68

State Representative Curtis Johnson (R-Clarksville) has been appointed as Chairman of the House Republican Caucus Task Force on Budget and Economic Development. The appointment was announced today by House Republican Caucus Chairman Glen Casada.

“Representative Johnson was an ideal choice for this group,” said Rep. Casada. “Being from Clarksville, he understands the importance of economic development, as evidenced through his role in the Hemlock project. I am confident that he will lead the group effectively and assist in crafting solutions.”
The House Republican Caucus leadership appointed and announced the formation of their Caucus Task Forces this week. The task forces are charged with developing policy ideas and legislation around conservative ideals, and to assist all caucus members with information on specific issues.

“I am very honored to serve on this committee because I believe economic development has one of the greatest impacts on the lives of everyday Tennesseans,” stated Rep. Johnson. “I was very honored to be a part of bringing Hemlock Semiconductor Corporation to Clarksville, and I am already seeing the positive things that are happening because of that project. I look forward to crafting more policy with this group that will achieve similar ends for the rest of the state.”

Representative Johnson serves the 68th District in the Tennessee House of Representatives. His district includes part of Montgomery County, and is serving his third term in the legislature.

Introducing Benjamin Jealous, the new President of the NAACP‏

Terry McMoore — Fri, 12 Sep 2008 20:12:03 +0000

New NAACP President and CEO Benjamin Todd Jealous

Benjamin Todd Jealous is president-elect of the NAACP, the nations oldest civil rights organization. When he assumes office in September 2008, the former news executive, activist and Rhodes scholar will be the youngest president and CEO in the organization’s 99-year history.

Currently, Jealous is President of the Rosenberg Foundation, a private independent institution that supports advocacy efforts on behalf of California’s working families. Under his leadership, the Foundation has significantly expanded its support of groups working to expand employment opportunities for formerly incarcerated people, as well as those that work to make economic development in the Bay Area more accountable to local residents’ needs.

Previously, Jealous served as Director of the U.S. Human Rights Program at Amnesty International. While at Amnesty, he led its efforts to pass federal legislation against prison rape, rebuild public consensus against racial profiling in the wake of the September 2001 terrorist attacks, and expose the widespread sentencing of children to life without the possibility of parole.

He is the lead author of the 2004 report Threat and Humiliation: Racial Profiling, Domestic Security, and Human Rights in the United States, the release of which received coverage by major media outlets in most states and on six continents.

Jealous, whose parents have been civil rights activists since the 1950s, organized his first voter registration drive at age 14. At age 18, he began working for the NAACP Legal Defense Fund as a community organizer in Harlem.

At age 21, Jealous moved to Mississippi to work as a field organizer as part of a successful campaign to stop the state’s plan to close two of its three public historically black universities, and convert one of them into a prison. During that time, he took a job at the Mississippi’s Jackson Advocate newspaper investigating human rights abuses. His reporting for the frequently firebombed weekly paper was credited with exposing corruption amongst high-ranking officials at the state prison in Parchman. His investigations also helped to acquit a black small farmer who had been wrongfully and maliciously accused of arson.

He soon became Managing Editor at the Advocate, and eventually went on to serve as Executive Director of the National Newspaper Publishers Association (NNPA), a federation of more than 200 black community newspapers. While at the NNPA, he rebuilt its 90-year old national news service and launched a web-based initiative that more than doubled the number of black newspapers publishing online.

Active in civic life, Jealous is a board member of the California Council for the Humanities, PowerPAC, the Association of Black Foundation Executives, and a member of the Asia Society. He holds a bachelor’s degree in political science from Columbia University and a master’s degree in comparative social research from Oxford University where he was a Rhodes Scholar. He is married to Lia Epperson Jealous, a professor of constitutional law and former civil rights litigator with the NAACP Legal Defense and Educational Fund. They presently reside in Alameda, CA with their two-year old daughter, Morgan.

HUD finds flaws in Redevelopment Plan

Terry McMoore — Thu, 05 Jun 2008 01:05:28 +0000

The U.S. Department of Housing and Urban Development (HUD) in response to a complaint filed by the Clarksville NAACP found numerous flaws in the Clarksville Center Redevelopment and Urban Renewal Plan voted into law by the City Council with full support of Mayor Johnny Piper.

HUD authorities could not find any proposed objectives that would provide protection for low to moderate income residents and their property mentioned in the voted on ordinance.

The Clarksville NAACP first bought these issues to the attention of the U.S. Department of Justice and HUD after feeling that the civil rights and the federally protected rights of the Majority Minority Voting Ward was in jeopardy of being dismantled under this voted on redevelopment plan.

The redevelopment plan offer tax increment financing (tax abatements) to encourage private development, and is focused on the downtown area, Kraft and College Streets. In a comparison with the city’s Five Year Consilidated Plan for Housing and Community Development, HUD field office director William Dirl determined that while the city’s five year plan has a goal of increasing affordable housing, the new redevelopment plan had no “proposed objective to assist with this priority and to provide housing rehabilitation to eligible property owners.”

The consolidated plan is drafted by the city with community input, and approved by HUD. No federal funds can be used for projects lacking HUD approval of falling within HUD parameters.

After an extensive investigation and a thorough review of the Clarksville Redevelopment and Urban Renewal Plan and after consultation with numerous government agencies, William H. Dirl, Field Office Director for the U.S. Department of Housing and Urban Development Nashville was able to determine the flaws of the redevelopment plan and issued a few recommendations to the City of Clarksville in writing.

Clarksville NAACP President Jimmie Garland Sr. had asked HUD to review the plan, citing concerns about the ” detrimental effect” this plan would have on the poor, elderly and (minority) residents” of the downtown district.

Dirl addressed that concern in his response:

“We could not find any proposed objective to assist with this priority and to provide housing rehabilitation to eligible property owners. We will recommend that an objective be included to provide housing rehabilitation assistance to eligible housing units. This should greatly relieve fears that housing units not meeting minimum codes standards will be immediately considered for demolition.”

It is hoped that the Clarksville City Council and Mayor Piper will work diligently to insure that the equal rights and civil rights of all individuals are protected under this ordinance regardless of race, creed, nationality or socially economic status.

This Community Press Release provided courtesy of the Urban Resource Center and Mr. Terry McMoore (931) 378-1999. Any and all questions about the NAACP should be referred to NAACP President Jimmie Garland Sr. (931) 216-6745.

‘Serious discord’ on ‘flawed’ development plan could jeopardize future HUD funds

Jimmie Garland, Sr. — Mon, 02 Jun 2008 19:00:43 +0000

Jimmie M. Garland, President, NAACP #5582, responds to correspondence from HUD regarding the Downtown Redevelopment and Urban Renewal Plan. Mr. Garland directed numerous questions about the plan to both HUD and the Justice Department in May.

In response to correspondence received from the Nashville, Tennessee Office of Housing and Urban Development dated May 20, 2008, the Clarksville Tennessee Branch of the National Association for the Advancement of Colored People (NAACP) would like to thank the Nashville HUD office for its prompt response.

Although several of our concerns were addressed in their response, we feel there is still serious discord between the intent of the Ordinance as approved by the City Council and the understanding the residents have concerning the impact the redevelopment plan will have on their communities.

It is factual that Section 13 of the Tennessee Code Annotated clearly states that certain and deliberate steps must be taken to establish a redevelopment district. In developing the local development plan, the Clarksville City Council has apparently ignored the code, cherry picking areas that meet their objectives. It is troubling to know that the redevelopment plan, as written, does not meet all the objectives of the City of Clarksville five-year consolidated plan.Future funding for low to moderate-income residents in Clarksville could be in jeopardy, due to the administrations refusal to abide by the laws established by the state. This insipid approach taken by the city council could affect future state and federal funding.The TCA states “The housing authority is the only entity that can declare property blighted.” This declaration can only be done through a Housing Authority plan, which has to be adopted by the city and county elected officials. The plan has to:

specifically identify the area;
define why its blighted;
specify what measures the governmental body will impose to eliminate the blight and
declare both how much it will cost and how long it will take to correct the blighted conditions.

The most important part of the plan is to define how it will benefit low to moderate-income persons. The city of Clarksville Redevelopment Plan does not address these elements as specified in section 13, TCA.

The Clarksville Branch of the NAACP is simply asking that TCA be followed. The resolution passed by the city council lacks the quality and detail specified in the code. The city council members who voted in favor of this flawed resolution sadden us. The obvious attempt by the elective body of the city government, minus three, to compel the citizens of the redevelopment area to adhere to their will is repressive and lacks moral ethics. The unity in their show of force should alert citizens of Clarksville to what type of people we have elected to serve our interest.

It is clear, that this issue will most likely not be resolved without the state and federal legislative bodies withholding state and federal funds from the city. Our first choice in resolving this matter would be to have a joint resolution, agreed to by residents of the impacted communities and city government. Reluctantly, this will be our goal until this flawed resolution is either withdrawn or resolved. We feel even these actions will not be enough to get the city legislative body’s attention, since they are so adamant about implementing this non-existent plan.

The Clarksville Branch of the NAACP will continue to address this flawed resolution until all of the residents in the redevelopment area voices are heard and their concerns properly addressed.

Founded in 1909, the NAACP is the nation’s oldest and largest civil rights organization. Its members throughout the United States and the world are the premier advocates for civil rights in their communities, conducting voter mobilization and monitoring equal opportunity in the public and private sectors.

Clarksville to host “Fair Housing” workshop

News Staff — Mon, 02 Jun 2008 11:00:00 +0000

The City of Clarksville Office of Housing and Community Development will host a workshop on Fair Housing at the Customs House Museum on June 23, 2008 from 8:30 am to 4:00 pm.

The workshops are offered in partnership with Legal Aid of Middle Tennessee and the Cumberlands, The Housing Fund, Inc., Greater Nashville Regional Council, The United Way of the Greater Clarksville Region, U.S. Department of Housing and Urban Development Nashville Field Office and the Tennessee Housing Development Agency.

2008 marks the 40th Anniversary of the passage of the Fair Housing Act. But how much do you know about the Act and its impact on your life, your business or your community? What are your rights as a citizen? What are your responsibilities as a landlord? What is the process to file a Fair Housing complaint? What’s the difference between reasonable modification and reasonable accommodations?

These and other questions will be answered at the workshop, which will feature speaker Sara K Pratt, Attorney and Nationally recognized Fair Housing Consultant. The goal of this workshop is to provide education and assistance to housing professionals and the community to promote compliance with the Federal Fair Housing Act. The Fair Housing act prohibits discrimination concerning the sale, rental and financing of housing based on race, color, religion, national origin, sex, handicap and family status.

There is no fee to attend the workshop, which is sponsored by Bank of America, Legends Bank and Fort Campbell Federal Credit Union. This workshop is open to landlords, developers, builders, contractors, code enforcement officers, building inspectors, social service directors, case managers, advocates, architects other housing professionals.

For more information or to register for this workshop, please contact the Rita Arancibia, Director at 931-648-6133. Register early, limited space.

Think Clarksville! Shop Clarksville!

A Guest Commentator — Thu, 29 May 2008 11:00:46 +0000

Lately, the national economic news is rather bleak—there’s even been the reluctant mention of the “R” word, but how does it apply to our area? Further, what can we do about it?

According to a new U.S. Census report, the Clarksville TN-KY Metropolitan Statistical Area is now the 10th-fastest growing MSA in the nation. Even though the national news may be depressing, our local economy is in good shape. Jimmy Settle, business editor for The Leaf Chronicle, says of the recent slow down in the residential market, “It’s a temporary condition, and should be perceived as more of a correction in the market, than a troubling decline. The truth is, the economy in northern Middle Tennessee is currently one of the nation’s best.”

The other truth is the residents in Clarksville are doing more than their share when it comes to helping the economic growth for surrounding cities and counties. The numbers are quite staggering! (More on those numbers later . . .)

The entire nation is feeling the pain at the gas pump. Gas prices are at an all time high and climbing higher. We’re all thinking about how to save gas, which will then make more money available for the necessary expenses and the extras; extras like dining out, shopping for clothes and home goods, entertainment, and more. Where will we be dropping those shopping and dining dollars?

Statistically, a great many of you will head to Nashville. You “think Nashville” for those extras. You head to the malls, the specialty shops, theatres, restaurants and even grocery stores! The fact is that every time you spend $100 in Nashville, you give that city $2.25 to use for their infrastructure, schools system, and other municipal expenses. (That’s the portion of their sales tax directly designated for Nashville.) $2.25 doesn’t sound like much, but we all know how little numbers quickly add up to big ones. Do you think Clarksville could use that $2.25? Do you think we could use better roads, sidewalks, schools, sewer lines?

Tennessee’s economic stability is reliant on sales tax. Without a state income tax, Tennessee depends on sales and property taxes for revenue needed to run the government engines. Other states, such a Florida, don’t have a state income tax either, but they’ve got a huge tourism industry. That’s why your local government is so concerned about “putting Clarksville on the map.” Tourist dollars are wonderful—they spend money, they return to their homes and their sales tax stays here.

Now back to the numbers. Are you aware we’re losing $40,297,000 in furniture, home furnishings, electronic and appliance sales? We’re losing $15,052,000 in restaurant sales. And, this one blows my mind, $72,285,000 in grocery sales! How do you get the ice cream home?

Now, as a local business owner, this all probably appears to be self-serving and to that I respond, “You’re darn straight!” I want you to shop at Hodgepodge, but I also want you to find unique clothing at Rogate’s Boutique and Posh; decorate your home with La Dolce Vita; eat a home cooked meal at Lovin’ Spoonful Café and get your caffeine fix at Blondie’s; feed your artistic interests at The Roxy Regional Theatre and The Customs House Museum; Seasons (the museum gift shop) has the most unique inventory of gift items in Clarksville. Okay enough of the gratuitous downtown plug, but you were expecting it. There are numerous independent retailers, restaurants and services, as well as the chains, right here in Clarksville.

There are more benefits to shopping local than the sales taxes. When you shop local businesses, especially independent retailers, they will do the same—their business does well, they hire local residents; many buy supplies and inventory locally; they pay their property taxes; they sponsor little league teams; they shop locally (they don’t have time to go anywhere else!). Without getting too far off topic, there are other benefits to shopping independent retailers, such as: personal service, unique inventory, and the sense of community. You’re greeted, more often than not, by the owner—they know your name, your likes, what you gave your wife for Christmas and what she’d like for her birthday. If there’s something you can only find in Nashville, why not ask your local business to start carrying it. I can guarantee you, they will at least look into it.

There are other trickle-down benefits to shopping local. One example, again it’ll be downtown (sorry, it’s what I know)—you shop at the local shops and eat at the restaurants, their business continues and grows, more people come and even want to live nearby, more residents means more tax dollars and a dense population demographic which many chains look for when deciding where to build. So if you want Wild Oats (or whichever grocery store your leaving Clarksville for), show them you’ll support it. You can write them, but they ultimately look at the local numbers. Further, we’ve become a big box store community—you know the one—that statistic discourages new retailers and grocers. If you want local options—shop the existing ones more frequently. You’ll be glad you did.

If you have to go to Nashville, at least buy your gas here.

~ ~ ~ ~ ~

Editors Note: Author Paige Thomas King is the owner of Hodgepodge, a downtown shop catering to specialty items and antiques (and wonderfully unique greeting cards). She is a 43 year-old Army wife and mother of three who has had the opportunity to live her dream of becoming a boutique owner. We have been residents of the Dog Hill Historic District of Clarksville for six years. King opened her business in November, 2004 and it has grown from 1,000- to 3,000 sq. ft. during that time—including the purchase of the building she currently occupies and the recent acquisition of the former Neblett’s Framing Outlet. She has been active with the business and property owner’s committee of the DDP—aka the Downtown Clarksville Association—since its inception three years ago. She is “passionate about the revitalization of the downtown area and look forward to a time when all of the store fronts are filled with retailers and restaurants; including those currently occupied by lawyers—they can move the second floor!”

Location! Location! Location! Fuel storage on the Cumberland!

Turner McCullough Jr. — Thu, 22 May 2008 15:00:37 +0000

In real estate, they say location is everything. In placement of fuel storage terminals, no truer words were ever spoken!

TEPPCO Partners, LP announced plans to construct a new refined product terminal in Clarksville along the Cumberland River. Two local businessmen apparently are engaged in this development. Normally one is inclined to celebrate such high dollar economic investment in the community.

This project is part of a three terminal initiative which will cost approximately $75 million. However, it must be noted that the given location is just several brief miles above the city’s water intake facility, our only water intake point on the Cumberland. As such, it poses a serious potential hazard to our drinking water supply.

TEPPCO’s press release states that the Clarksville facility, along with another to be constructed in Clifton and a third to be located at a site yet to be determined, “represent the continued successful implementation of our strategy to develop a network of refined products distribution facilities along inland waterways in the southeastern United States.” All three sites, only two will be here in Tennessee, are touted as ventures “that will supply markets in Western Tennessee.” Also, “Combined the three new terminals are expected to have 800,000 barrels of storage capacity for gasoline, diesel, and biofuels and offer improved trucking logistics with supply provided by barge transportation.” “The initiative is projected to be completed during the first quarter of 2010.”

The Clarksville site is located southeast of Queens Bluff off of the Martin Luther King Parkway extension, or 41-A Bypass. That this roadway serves as a major entry route to our city from I-24 is a double-edged sword in this situation. From the terminal operation’s viewpoint, this must be seen as a major incentive. However from the attractiveness aesthetic of overall economic development and tourism attraction, having incoming guests driving by a fuel storage terminal complex in the midst of residential and commercial hubs can’t be seen as a major inducement for any forward-thinking city. After all, I-24’s Exit 11 is a major thoroughfare into our city. Additionally, one must ask what impact this will have on vehicular traffic on this roadway? It is already rated as a heavily traveled roadway with congestion problems, traffic accident hot-spots and maintenance deficiencies.

Clarksville’s water intake facility on Queens Bluff which is located just downriver from the proposed fuel terminal location.

It is to be hoped that local government approval of this initiative has not already been given. On the surface, there would seem to be cause for major hesitation in greenlighting this project. Safety of the city’s water intake point must not be shortshrifted for any amount of economic development. The aesthetic value of our city’s visionage in all sectors also should not be downplayed. We don’t need to create a new Kraft Street that would then be subject to “redevelopment ordinance/plan” battles down the road.

It is yet to be seen what kind of corporate citizenship TEPPCO Partners LP intends to bestow on our community. For everyone’s benefit, we hope this first foray bears a more desirable and tasty fruit. Thus far, it has only stirred up a unsettled stomach.

Property Rights group slapped with $500k libel suit; CPRC vows “vigorous” defense

Christine Anne Piesyk — Mon, 12 May 2008 18:02:31 +0000

Property Rights group faces $500,000 libel suit
Controversial development plan under fire
Councilor Richard Swift, DDP member Wayne Wilkinson claim harm to public image and integrity
Is this a SLAPP suit?
CPRC will “vigorously defend” against “frivolous” suit

Another punch has been thrown in the ongoing battle between the Clarksville Property Rights Coalition and both city officials and the Downtown District Partnership: the CPRC has been slapped with a lawsuit over a dissenting advertisement on the issue of redevelopment.

The suit was filed by Wilkinson and Swift on Friday in the 19th Judicial District, Circuit Court of Montgomery County against the CPRC as an organization and, Pam Vandeveer, individually as CPRC treasurer. You can read the complete text of the lawsuit here at Clarksville Online.

CCRP member Joyce Vanderbilt with the CPRC ad

At issue is the veracity of an ad which ran in the Leaf Chronicle on May 3, prior to the May 8 City Council special session at which the final reading and approval of the highly controversial Downtown Redevelopment and Urban Renewal Plan occurred. The ad stated that Clarksville Mayor Johnny Piper, Councilman Richard Swift and DDP member Wayne Wilkinson as developers who worked for passage of the comprehensive redevelopment plan that would cover roughly two square miles of down town Clarksville and which designated the area as blighted.

The lawsuit charges that the CPRC ad made “libelous” statements against plaintiffs Wilkinson and Swift when the CPRC ad implied that [the plaintiffs] placed their “development interests” above the wishes of the community and their constituency.

In responding to news of the suit, Becky McMahan, a member of the CPRC Steering Committee, said:

“We believe the libel suit filed by Downtown Development Partnership [DDP] Member and former Chair Wayne Wilkinson and Clarksville City Council Member Richard Swift against the Clarksville Property Rights Coalition is frivolous. All statements regarding Councilman Swift and Mr. Wilkinson made by the CPRC in our advertisement in the May 3rd Leaf-Chronicle were factual and were truthful.

These are public figures. The law simply does not support their claim given the facts here. It appears the plaintiffs are trying to intimidate and scare ordinary citizens from exercising their right of free speech in trying to defend their homes and their businesses from the threat of condemnation for private development, which this redevelopment plan allows.”

The text of the highly-debated ad reads:

“Hundreds of homeowners and property owners have voiced their opposition to this Plan, but our concerns are being ignored. No one supports this Plan except a few in the development community, those who expect to benefit from it. Mayor Piper has done everything possible to exclude opponents from the process. When a public hearing had to be scheduled, the public wasn’t even allowed to speak.

This Redevelopment Plan is about private development. Our City government is controlled by developers. This Redevelopment Plan is of the developers, by the developers, and for the developers. Mayor Johnny Piper, Councilman Richard Swift, and DDP Chair Wayne Wilkerson, are all developers. They all own development property in the Plan area.”

The ad also makes the following claims:

“No other city in the United States has included its entire downtown area in a Redevelopment Plan. But Clarksville’s Redevelopment Plan does.

“Nashville has eight Redevelopment Plans. None of Nashville’s Plans applies to residential homeowners. But Clarksville’s Redevelopment Plan does.”

Ironically, the very action of placing the ad with the Leaf Chronicle became a chess game with the newspaper initially opting not to run the ad, only to later accept it after consulting with their attorney and requiring attribution of the ad to the CPRC. The ad, which CPRC was told had been slated to run on page 4 of the May 3 edition, was in fact placed in the back section of the paper, which is published by Gene Washer, a member of the DDP.

The suit charges that:

“The allegations are intended to convey, and do convey, that Richard Swift and Wayne Wilkinson are engaged in actions to undermine the democratic process undertaken by elected officials. This allegation is false. The allegations are intended to infer that Richard Swift and Wayne Wilkinson ‘control’ City Government because they are ‘developers’.”

The suit further charges that the ad “falsely attacks the good reputations” of both plaintiffs and claims the statements in the ad damage their reputation and public perception. Although named in the ad, Mayor Piper is not one of the plaintiffs.

“Discovery,” the process of investigating these claims, is underway with the understanding that more members of the CPRC will be included in the suit with the names and addresses made part of the public record.

An overflow crowd of CPRC members gather outside a public hearing

The grassroots CPRC organized late last year when they learned of an ordinance that effectively “blighted” their neighborhood in the name of redevelopment. Standing room only meetings were held at the H.O.P.E. center on Legion Street and at the L&N Train Station. Hundreds of residents and small business owners wrote postcards and otherwise contacted their representatives and the city council at large to voice concern, outrage and overall dissent with the original, which was found to be in violation of state law including improper notification of affected citizens. They have remained active and vocal in their opposition to the original and the revised law. At the time of the final vote, some sections of the revised ordinance were changed back to the original form, including an option appoint rather than elect community representatives to the redevelopment board.

McMahan said all Clarksville residents should be “aware” of what is happening downtown since “representatives of the DDP said publicly last year, speaking before the Montgomery County Commission, that they have long-term plans to extend similar redevelopment plans out into other parts of the city.”

McMahan said:

“The first redevelopment plan promoted by the DDP and approved by the Clarksville City Council in 2007 was legally flawed for not following state law. The members of the CPRC believe the redevelopment plan approved last week is also legally flawed under state law. If you can intimidate those affected by the Plan’s provisions, then you can effectively eliminate any challenge to the Plan’s legality.

“Isn’t it ironic that men and women from Ft. Campbell here in Clarksville are putting their lives at risk in Iraq and Afghanistan to protect our rights as Americans, while at the same time citizens from Clarksville weren’t even being allowed to speak at a public hearing called by the City of Clarksville, while trying to protect their homes from condemnation for private development?”

McMahan, speaking for the CPRC, said the group “will vigorously defend against this frivolous claim and pursue whatever legal recourse and remedies may be appropriate.”

The filing of this a lawsuit is one more ingredient in what remains an energized battle over property rights. On May 2, Clarksville NAACP President Jimmie Garland Sr. contacted HUD (Housing and Urban Development) in Nashville and the Justice Department in Washington, D.C. over the potential racial and minority impacts of this legislation on the downtown Clarksville community.

Tennessee has a little known piece of legislation on the books called the Tennessee Anti-SLAPP Act of 1997, SLAPP is shorthand for “Strategic Lawsuit Against Public Participation.” SLAPP lawsuits are designed to “discourage or retaliate for a person or group’s expression of free speech.

According to information available through the Legal Aid Society, such suits are not uncommon in situations where citizens “exercise their rights to make comments in opposition to a proposed corporate initiative or proposed land development. Such suits are used to “silence” or “intimidate” citizens by claiming libel, slander or “interference with business” and may seek redress in the form of substantial financial settlements. Beneath the surface, SLAPP suits are specifically designed to silence members of the public, or retaliate and punish citizens who wish to exercise their right of free speech or their right to a dissenting opinion.

The anti-SLAPP legislation is designed to protect citizens and within its provisions allows for citizens sued for exercising their right to “free speech” to ask the court for the corporation/municipality to pay defense fees and court costs.

Editor’s Note: to view development plans, news stories, and other documents related to this story, click the black “Blightville” box on the left side of the Clarksville Online front page.

Property Rights group: This is not over!

Christine Anne Piesyk — Sat, 10 May 2008 11:00:49 +0000

Blatantly disregarding public input and dissent, the City Council voted to approve the controversial Downtown Redevelopment and Urban Renewal ordinance, nicknamed the “blight bill,” even as disgruntled homeowners and small business owners, all members of the Clarksville Property Rights Coalition, dressed in the blood-red color of protest, looked on.

In a May 8 letter written on behalf of the CPRC, Becky McMahan first thanked “those members of the City Council who have given us the courtesy of meeting with us to discuss the Redevelopment Plan,” then presented a number of points for the council to consider the all but pre-ordained vote.

McMahan’s points were and continue to be the following:

There is wide-spread opposition to this Plan throughout the greater Clarksville/Montgomery County community. The CPRC has collected signatures from over 350 property owners representing over 400 parcels in the Plan area in opposition to enactment of the Plan. There is little support for the Plan outside of the development community, who hope to financially benefit from enactment of the Plan.
No other redevelopment plan in the country includes the entire central business district of a city. The Clarksville Plan does. And most cities do not include residential neighborhoods in their redevelopment plans. For example, in Nashville only one redevelopment plan includes any residentially zoned properties and the plan’s provisions specifically do not apply to those residential properties.
This Plan authorizes $41.5 million in tax increment financing, or tax breaks for developers.This significant point has not been openly discussed by this Council or presented clearly to the community. With the city facing a tight budget this year, the long-term impact of these tax breaks need to be discussed more thoroughly with the community for an understanding of their full impact.
Because the City of Clarksville’s current historic zoning ordinance is ineffective containing little, if any, protections for our historic properties and neighborhoods, this Redevelopment Plan places historic properties in the Plan area at greater risk. Clarksville’s has lost so much of its historical fabric as a result of the 1999 tornado, preservation efforts should be strengthened, not weakened.
This Plan is subject to legal challenge on a number of points and in all likelihood will ultimately involve the City in expensive litigation. The process by which this Plan has been approved has serious due process flaws. A public hearing where the public is not allowed to speak does not meet the legal requirements of a public hearing.
This Plan potentially violates the Voters Rights Act and the civil rights of the minority residents of Clarksville. The Plan boundaries encompass the only majority minority Council district. The Plan puts the integrity of this district at risk. This is another point of possible litigation for the City of Clarksville.
This issue has long-term political consequences for the City of Clarksville. Despite what some may hope, this issue is not going to quietly fade away. The majority of the public does not believe that government should have the power to condemn private property and then sell that property to another party for private development.

McMahan continued:

“This issue will be played out in the city elections this November and in 2010. The public is well aware of how the residents and the property owners in the Plan area have been treated by this Administration. The CPRC is not opposed to development. We believe there are areas of Clarksville where a redevelopment plan would be appropriate. But we do not believe the current Plan before you is appropriate.

“The rights and concerns of the affected residents and property owners are being ignored. This Administration has treated the individuals who have raised concerns and objections to this Plan with disdain and contempt. The disrespect shown to these citizens and taxpayers is inexcusable conduct for an elected official.

“This issue is still too divisive for our community. More time, more effort needs to be invested to find greater consensus before a Plan of this impact and consequence for so many residents and property owners is approved.

“I urge you to put the interests of the citizens of our community ahead of those few who are promoting this Plan. This ordinance is flawed. It is not the tool needed to improve our community. We can develop a better alternative, if the community is allowed to participate in a meaningful manner.

McMahan concluded by urging councilors to not support the ordinance in its final reading.

City fields 14 ‘representatives’ to Vegas for shopping center convention

Christine Anne Piesyk — Thu, 01 May 2008 14:00:02 +0000

Clarksvegas. Clarksville to Vegas. Fourteen people traveling on the city’s dime. Make that dollars. Just how many people does it take to represent Clarksville as Tennessee’s Top Spot? And whose money is it anyway? Oh yes, taxpayer money.

A 14-member city delegation headed by Mayor Johny Piper is heading to Las Vegas May 18-21 to represent the city at RECon, a real estate trade fair (read “convention”) sponsored by the International Council of Shopping Centers that attracts an estimated 50,000 visitors each year. According to the RECon website, the convention “has been renamed and branded as ReCon, emphasizing the R-E-tail, R-eal E-state, Con-gress, Con-vention, Con-ference, aspects of the program.”

The last convention attended by Clarksville officials was in Atlanta, Georgia, which saw the Clarksville delegation ill-prepared (or rather, not prepared at all) to professionally market itself. Things have changed, have run the gamut from no kill to overkill.

The city may now have a professional display at the ready and be more prepared to join and compete with 74 cities among the 1800 exhibitors on the roster. But is it really necessary to fund 14 people to staff one little convention? Seems like overkill, and a bit of duplication. For the record, I am not against trade shows and expos. I’ve done them myself, as a presenter and as a journalist, but I’ve never come close to needing 13 people for back-up.

Joining Mayor Piper for this excursion will be the city’s Chief of Staff, Jum Durrett, City Councilors Deanna Maclaughlin [Ward 2], Geno Grubbs [Ward 7] and Wayne Harrison [Ward 12], Communications Director Missy Graham, Public Information/Marketing Coordinator Tonya Steele, Gas and Water Department Communication Analyst Rhonda Fulton, Information Systems Director Scott Oglesby, Regional Planning Commission Director David Riggins, RCP planner Jason Blalock, Economic Development Council President James Chavez, City Webmaster Tamara Streng, and Chamber of Commerce Vice-President Melinda Shepherd.

Is it really necessary to send three city councilors to Vegas? It also seems that having both the information/marketing director and the communications director in attendance is redundant. One member of the planning commission, okay, and a rep from the EDC is logical. But do we need to fund this trip for the city’s webmaster or the gas and water rep? Can’t the Chamber of Commerce fund its own representative instead of taking this out of the city coffers?

When cash is tight, the economy is tanking, and there are so many other issues before the city, it seems that a delegation half that size or smaller should be competent enough to represent Clarksville; if a half-dozen carefully chosen representatives can’t talk about and market the city competently for four days, maybe they need to find other jobs.

Consider the costs for this junket:

$6,000 in airfare
$10,000 for lodging (where are they staying?)
$3, 484 for meals [$64 per diem in food allowances for 14 people]
$2,250 in individual registration fees
$600 for the booth
$664 estimated for “miscellaneous expenses” (surcharges for things like power and even vacuuming the booth area)

There will be ancillary expenses like transportation from the airport to that $10,000 worth of lodging (where are they staying anyway? — for ten grand it must be pretty nice) and last time I was there shuttle fees were at least $12 per person each way (probably higher now, given gas prices), unless they get a limo…which may cost even more. Add the potential cost of taxis to and from the convention center.

It makes much more sense to establish a “team” versed in the vital aspects and field that team with underwriting by the private developers who will ultimately be the beneficiaries of new retail development, which is what this “shopping center” convention is all about.

Legislators visit Native Cultural Circle; Tennessee tribes seek state recognition

Turner McCullough Jr. — Mon, 14 Apr 2008 17:00:36 +0000

Members of the Clarksville Native Cultural Circle sat down with members of the Montgomery County State Legislative Delegation to urge their support for state recognition of Tennessee Native American tribes. In separate occasions, state Senator Rosalind Kurita and state Rep. Joe Pitts each visited with Native Cultural Circle members to learn of their concerns with efforts to achieve state recognition of Tennessee-based Native American Indian tribes and groups. (Additional photo following jump)

In the state legislature, HB3299 would grant state recognition to several native tribes and tribal groups and establish criteria whereby other groups may apply for recognition. One of the benefits to state recognition is overcoming the current federal prohibition preventing Native American artisans in Tennessee from advertising their art and crafts as ‘Native American Art.

The Native Cultural Circle is a Native American education group. It has staged its annual pow-wow continually for eleven years. The pow-wow is an opportunity for Native American people from across the nation to fellowship and network amongst themselves. It is also an educational presentation to the greater community that seeks to inform non-tribal peoples of the true traditions and customs of Tennessee’s Native People.

Proceeds from the pow-wows are used to purchase authentic Native American educational books which are given to local elementary school libraries. The group also stages demonstrations of native culture showcasing native song, dance and regalia (native styles of clothing). This allows the students to learn the true history and traditions of native tribes.

Trolley Tour highlights housing, neighborhood revitalization

Christine Anne Piesyk — Tue, 31 Jul 2007 03:32:56 +0000

Seven dozen residents of the Red River and Brandon Hills neighborhoods surrounding downtown Clarksville converged at the APSU campus for a Trolley tour of the areas with an eye to redevelopment.

The Clarksville Office of Housing and Community Development sponsored the early evening event as part of a six-event series that will assess the areas and shape future development of housing and business. The first community meeting was held July 24, and additional meetings are slated for tonight (July 31), August 14, and September 4 and 18, when the final report will be issued. Clarksville Transit Authority trolleys were used to transport participants through both neighborhoods.

The Clarksville OHCD has been instrumental in funding renovations to many houses in both regions, creating affordable options for a number of families. The tour highlighted what can be done with funding for housing renovations in terms of reclaiming old neighborhoods. Officials hope to rid the area of abandoned and derelict property and re-use space and lots for a mix of single family and duplex homes and small business development. Part of the area examined was Lincoln Homes, which officials said is rapidly becoming an outdated style of dealing with affordable housing issues. They noted that as the buildings age, “in 20 or 30 years they will be gone.” The trend in housing now is to disperse low- income housing across the community rather clustering it in specific areas. It’s a system, officials, say, that has proven successful in many other cities around the country.

The tours cover the Red River district which includes the area north of APSU (including Lincoln Homes) to the Red River, while the Brandon Hills area includes housing and business areas south and East of College Street, APSU and downtown Clarksville.

At tonight’s meeting, participants will review the strengths, weakness, opportunities and threats associated with the revitalization of both areas. The input from this meeting will build on the first session and fuel discussion for future gatherings. The meeting will be be held at the Burt School on 8th Street (near Centerstone) at the APSU campus from 7-8:30 p.m. RSVP to the OHCD at 931-648-6133 if you are planning to attend.