The holiday begins Friday, August 7 at 12:01 a.m. and ends Sunday, August 9 at 11:59 p.m. During the designated three-day weekend, consumers will not pay state or local sales tax on select clothing with a price of $100 or less per item, school and art supplies with a price of $100 or less per item, and computers with a price of $1,500 or less. Visit www.tntaxholiday.com for more information on the holiday.

“All Tennesseans can use this weekend as an opportunity to save money on back-to-school items and other needed purchases,” said Revenue Commissioner Reagan Farr. “Shoppers have the chance to save nearly 10 percent on all purchases, something that many families need right now.”

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Please visit www.tntaxholiday.com to learn more about the items exempt from sales tax. The Tennessee Department of Revenue also assists consumers via e-mail, Salestax., and through its toll-free statewide telephone hot line, (800) 342-1003. Staff is available to answer questions Monday through Friday 7 a.m. to 5 p.m. Central Time. (Out-of-state and Nashville-area callers, please dial (615) 253-0600.)

Examples of exempt items include:

• Clothing: Shirts, dresses, pants, coats, gloves and mittens, hats and caps, hosiery, neckties, belts, sneakers, shoes, uniforms whether athletic or non-athletic and scarves
• School Supplies: Binders, book bags, calculators, tape, chalk, crayons, erasers, folders, glue, pens, pencils, lunch boxes, notebooks, paper, rulers and scissors
• Art Supplies: Clay and glazes; acrylic, tempera and oil paints; paintbrushes for artwork; sketch and drawing pads; and watercolors
• Computers: Central processing unit (CPU), along with various other components including monitor, keyboard, mouse, cables to connect components and preloaded software (Note: While the CPU may be purchased separately, other items must be part of a bundled computer package in order to be eligible.)

About the Tennessee Department of Revenue

The Department of Revenue is responsible for the administration of state tax laws and motor vehicle title and registration laws established by the legislature and the collection of taxes and fees associated with those laws. The Department of Revenue collects approximately 92 percent of total state tax revenue. During the 2008-2009 fiscal year, the department collected $10.2 billion in state taxes and fees. In addition to collecting state taxes, $1.9 billion of local sales tax was collected by the department for local governments during the 2008-2009 fiscal year. Besides collecting taxes, the department enforces the revenue laws fairly and impartially in an effort to encourage voluntary taxpayer compliance. The department also apportions revenue collections for distribution to the various state funds and local units of government. To learn more about the department, log on to www.TN.gov/revenue.

House GOP leaders pleased with Supreme Court verdict upholding lethal injection

House GOP leaders said this week that they were pleased with the opinion issued by the U.S. Supreme Court in the Baze vs. Rees case that upheld the use of lethal injection as a means of execution. In a 7-2 ruling Wednesday, the Supreme Court held that Kentucky’s three-drug protocol did not amount to cruel and unusual punishment.

In September of 2007, U.S. District Judge Aleta Trauger ruled that Tennessee’s method of lethal injection was unconstitutional. Soon after, Governor Phil Bredesen issued a moratorium pending the outcome of the death penalty case facing the U.S. Supreme Court. As a result, two executions were put in jeopardy of not being carried out. Pervis T. Payne was scheduled to be executed on December 12, 2007, for two counts of murder stemming from a brutal stabbing he committed in Shelby County. Mass-murderer Paul Dennis Reid gunned down seven victims execution style, killing more people than anyone else on Tennessee’s death row, and drawing seven death sentences.

The Republican leaders pointed out that by the time a criminal in this state reaches the point of execution, they have been afforded every opportunity—appeals, access to lawyers, and judicial review—to ensure that their rights are properly carried out and protected. The leaders called for the Governor to lift the moratorium and carry out the executions as planned, adding that the justice a jury of their peers determined should be administered.

Ninety-six inmates reside on death row in the state of Tennessee, with the  next execution scheduled to take place in April of 2009.

Immigration provision killed on House floor

House Republicans attempted to add a commonsense immigration provision to a bill before the House on Thursday. The Republican-sponsored amendment would have clarified that employers are able to require that their employees speak English on the job. The move sparked outrage on the other side of aisle, and the amendment was killed, with a 51 to 46 vote.

Earlier this year, Republicans introduced legislation that would have enacted the “Protecting English in the Tennessee Workplace Act.” The bill, similar to that of Senator Lamar Alexander’s legislation on the federal level, specified that it is not an unlawful practice to require an employee to speak, or an applicant for employment to agree to speak, English while engaged in work. The sponsor argued that it was not unreasonable to protect businesses by clarifying that they are allowed to set their own policies, and that requiring that English be spoke on the job often boils down to a safety precaution. He cited businesses where employees are continuously handling toxic products or food containers, or in factories, where critical safety information is displayed in English. The bill eventually failed in the Employee Affairs subcommittee.

Long Term Care proposals moving forward

Republicans have been at the forefront of legislation to help elderly and disabled citizens “age in place” by receiving more home and community based care options — and generally to give them more choices about their health care.  This week marked the passage of House Bill 941 out of Health and Human Resources Committee, legislation that would offer financial allowances to consumers, giving them the freedom to choose which services they want within their spending plans.

The program began as a demonstration in Arkansas, Florida, and New Jersey. Currently, 12 more states are implementing self-directed personal care programs. Findings of a demonstration project jointly supported by the U.S. House and Human Services and the Robert Wood Johnson Foundation showed that recipients with disabilities who direct their own supportive services were significantly more satisfied and appeared to get better care than those receiving services through homecare agencies.

Another piece of legislation championed by Republicans for several years was rolled into an Administration’s bill and passed unanimously in the House this week. The bill encourages personal responsibility by rewarding those who purchase long term care insurance. Currently, to receive state dollars for long term care, participants are required to “spend down” their assets—sometimes losing family heirlooms or land. House Bill 4206 would allow those types of assets to be retained, dollar for dollar, to equal the amount of a long term care  insurance purchase, rewarding the participants and allowing them more freedom.

• House Bill 2750 passed out of Finance, Ways and Means this week and is making its way to the House floor. The bill would authorize a governing body to use electronic forms of communication that would be available to the public in an effort to solve some of the problems associated with the dust-up over the Sunshine Law in Knoxville. The sponsor said he believes that with technology expanding the way people communicate, using this technology could solve some of the problems with the Open Meetings Act.
• House Bill 1421, the “Competitive Cable and Video Services Act,” passed out of the Commerce Committee this week and is headed to Finance, Ways and Means. The Senate bill is moving forward as well, with legislators having announced last week that a compromise was finally reached on the legislation after nearly two years of negotiations.
• Two DUI bills saw passage this week, as Republican lawmakers continue their efforts to strengthen the state’s DUI laws. House Bill 831 requires a judge to impose on a DUI offender certain conditions such as participation in an alcohol and drug safety school, or a drug and alcohol assessment or treatment. House Bill 3661 would create within the TBI a “Repeat DUI Offender” registry of persons who have two or more DUI convictions and whose license is currently suspended or revoked. The registry would be available on the Internet, similar to the way sexual offender information is provided.
• The much-anticipated spring Sales Tax Holiday is approaching, and will occur April 25-27, 2008. The date, originally set for March 21-23 on Easter weekend, was changed by the General Assembly in order for consumers to enjoy the full three days of tax-free items. Consumers and retailers can call (800) 342-1003 Monday through Friday 8 a.m. to 5 p.m. or visit www.state.tn.us/revenue/salestaxholiday for more information.

• House Bill 2484 exempts places of worship from posting of signage to indicate nonsmoking enclosed areas as required by the Non-Smoker Protection Act. (Agriculture Committee)
• House Bill 3602 creates a statewide board of building appeals. (Commerce Committee)
• House Bill 3807 requires a utilization review of medical services in workers’ compensation cases to be done by a physician licensed in Tennessee in the same specialty as the physician providing the services. (Consumer & Employee Affairs Committee)
• House Bill 4029 creates a pilot program to make laptops available to juniors and seniors attending high school who are also enrolled in college courses at the eligible postsecondary institutions. (Education Committee)
• House Bill 2876 creates a Class D felony for fifth and subsequent DUI offenders with a minimum 360 consecutive day sentence; counts all convictions within 10 years of DUI date when calculating prior offenses and includes convictions of vehicular assault, vehicular homicide while intoxicated, and aggravated vehicular homicide. (Finance, Ways and Means)
• Senate Joint Resolution 0687 provides for the popular election of the lieutenant governor. (State & Local Government Committee)
• House Bill 2513 requires the Tennessee lottery corporation to use numbered balls in selecting lottery winners. (State & Local Government Committee)
• House Bill 2860 creates a presumption when determining the amount of bail that any defendant not lawfully present in the United States is a risk of flight; requires jailers to determine citizenship status of persons charged with a felony or with a second or subsequent DUI. (Budget Subcommittee)
• House Bill 2903 requires the general appropriations act to first fund K-12 education and then remaining functions of state government. (Budget Subcommittee)

This week, the House moves spring sales tax holiday to April, tax breaks for disabled homeowners approved, scrap metal theft legislation moves to budget subcommittee, green laws continuing movement through committees, border dispute resolution expected on House floor soon, and animal abuse registry in full judiciary committee

NASHVILLE (Mar. 6) – This week the Tennessee House of Representatives passed legislation changing the spring sales tax holiday from the weekend of March 21 to the weekend of April 25.

“There were a lot of people who felt that having the sales tax holiday on the same weekend as Easter would limit people’s ability to take advantage of the savings as well as take away from the importance of the holiday,” said House Democratic Caucus Chairman Randy Rinks (D-Savannah). “We were glad that with last year’s budget surplus we’re able to give back to those who deserve it the most – the taxpayer.”

The spring sales tax holiday weekend will take place on April 25 through 27 and will be available on all products designated school supplies. For a complete list of products that qualify for the sales tax holiday, go to http://www.tntaxholiday.com/.

This week the House also passed a bill expanding property tax relief to disabled homeowners. Passing unanimously, House Bill 2455 raises the maximum income for disabled homeowners to $24,000 for the 2007 tax year.

“This legislation continues the momentum we set last year to provide tax relief for Tennessee’s most vulnerable citizens like our seniors and our disabled military veterans,” said Representative Joe Pitts (D-Clarksville), prime sponsor of the legislation. “Our job is to continue to look for ways to help those who need it.”

Scrap Metal Theft Legislation Moves to Budget Subcommittee

The consequences of scrap metal theft continue to make headlines in the news and this week a bill to combat those crimes was moved out of the House Government Operations Committee for hearings in the Budget Subcommittee of the House Finance, Ways and Means Committee.

“As the economy continues to waiver, and as prices on precious metals like copper continue to skyrocket, we will continue to see scrap metal theft increase,” said Chairman Mike McDonald (D-Portland). “This bill is vital to combating this growing crisis in Tennessee and needs swift passage through the House.”

House Bill 2433 would require anyone buying or selling scrap metal to register with the Department of Commerce and Insurance, and would prohibit immediate payment for purchased of copper, catalytic converters and air conditioner evaporator coils. The bill would also increase criminal penalties and civil forfeitures for those who violate the law.

“Those who own businesses dealing in scrap metal are just as liable as those who would steal and sell it,” said McDonald. “We have to deter this illegal practice and protect the honest and hardworking citizens of this state.”

Green Laws Continuing Movement through Committees

A number of bills focusing on the reduction of Tennessee’s energy consumption and production of greenhouse gases made their way through the committee system this week.

“As private businesses start to embrace energy conservation and green policies, so should we in the state,” said Rep. Gary Moore (D-Nashville). “We must do our part to protect our surroundings and keep it safe and clean for the next generation.”

Three bills focusing on the energy management and conservation were placed on the calendar of State and Local Government. House Bills 2815, 2816 and 2817, sponsored by Chairman Mike McDonald, all deal with expanding and developing new strategies for energy conservation among state departments and agencies. A bill by Rep. Moore, that is expected to be heard in House Government Operations next week, encourages the State Building Commission to adopt rules and regulations requiring design, construction and certification of state building to fall in line with that of equivalent green standards.

“Living green no longer means living out of the mainstream,” said Moore. “Our cars, our homes, our farms, our towns all have ways to be less destructive on the environment and we should embrace those tools in our state government.”

Border Dispute Resolution Expected on House Floor Soon

A bill rejecting the Georgia Legislature’s request to form a multi-state study group with the goal of redrawing the state line between Georgia and Tennessee moved swiftly through committee and is expected on the House floor soon.

House Joint-Resolution 919 states that Tennessee will not engage in talks regarding changes to its nearly 200-year-old state border with Georgia and that any attempt to do so by Georgia would be defeated by precedents upheld by the United States Supreme Court.

“I understand that the drought situation in Georgia, specifically in Atlanta, is quite severe and I can sympathize with what the people of Georgia are going through,” said House Major Leader Gary Odom (D-Nashville). “But moving a nearly two-hundred-year-old border so you can steal another state’s water is flat wrong and does nothing to address the real problem.”

The joint resolution is expected to be taken up next week.

Animal Abuse Registry in Full Judiciary Committee

Finally, a bill that would put those convicted of animal abuse on a registry list similar to the current sex offender registry is expected to be taken up by the full House Judiciary Committee next week.

“Most everyone I know, like myself, is an animal lover whose heart breaks when you hear stories of animal abuse and cruelty,” said Chairman Janis Sontany (D-Nashville). “Having a registry for those who commit such acts will not only be a great way to monitor abusers, but hopefully will work as a deterrent for those who might think to hurt an animal.”

The “Tennessee Animal Abuser Registration, Tracking and Verification Act of 2008” establishes registration, verification and tracking requirements for an animal abuser, which means any person who commits aggravated cruelty to animals, felony animal fighting, or bestiality. The requirements under this bill are similar to the present law requirements for sex offenders, with the Tennessee Bureau of Investigation (TBI) maintaining the registry.

The bill is slated to be reviewed by the full committee on Wednesday of next week.

A commonsense DUI measure appeared again this week before a House subcommittee after questions and concerns were raised two weeks ago. The “Pass the Bottle” legislation, which would ban open containers in vehicles, was one of several DUI bills rolled out by Republicans as a comprehensive effort to combat drunk driving. Currently, no driver may consume an alcoholic beverage or possess an open container of such while operating a motor vehicle, but passengers may consume alcohol. The bill sponsor, in his opening remarks, said this policy invites drivers to drink as long as there is a passenger to which they can “pass the bottle.”

The bill experienced some resistance in subcommittee last week, when members expressed concern over the ability of sober drivers to take friends home who are drinking, and also regarding sporting events, such as University of Tennessee football games. The same questions and concerns were raised this week, delaying the legislation once again.

In 2006, there were 1,287 fatalities on Tennessee roads with 509 due to alcohol-related crashes, a 7.6 percent increase from the previous year. Motor vehicle crashes are the leading cause of death among persons between the ages of 3 and 33, with 50% of the victims being in alcohol-related crashes. In addition, fifty-two percent of drivers that were involved in alcohol-related fatalities had BAC levels at or above .16.

Republicans argued that in addition to saving lives, the law would produce only positive revenue for the state, and would also allow $13 million in federal funds to be used for projects such as roads—currently, the money has very specified uses, restricting the state’s ability to use it as efficiently as possible. They also pointed out that 40 states have adopted such a measure, with several more considering it this year.

Tennessee has only five of the eleven elements proposed by the National Transportation Safety Board (NTSB) who have designed model legislation for a comprehensive approach to lowering the incidence of DUI in states. In addition to lowering the level for extreme drunk driving, NTSB also urges adoption of legislation to enhance vehicle impoundment, zero tolerance or lowering blood alcohol levels for repeat offenders, and enactment of an automatic license revocation program (ALR). The NTSB claims ALR is a major factor proven to reduce alcohol-related car crashes. Without ALR, the offender can get back on the road as soon as they are sober enough to drive.

Finally, the NTSB urged passage of a more uniform and mandatory system for installation of interlock devices to immobilize the vehicle of a drunk driver upon detection of alcohol in their body. Interlock devices are small pieces of equipment attached to the steering wheel of a car with a tube that the driver must breathe into in order to allow the ignition to start. Republicans are focused on passing many of these DUI laws this year in their comprehensive package, bringing Tennessee up to speed with the majority of states in the nation.

Flag bill nearly scuttled in committee

House Bill 3155 was nearly scuttled in the State and Local Committee this week, over concerns by the Bredesen Administration. The Republican bill would require the governor to proclaim a day of mourning and to fly the state flag at half-staff over the state Capitol whenever a Tennessee member of the armed services is killed in action or dies from combat-related wounds, after which the flag would be delivered to the deceased member’s family. The administration argued that the law should only apply to local government buildings, noting that the flags at the Capitol are lowered for occasions and not individuals.

The Republican sponsor said the measure was not controversial, but simply a way to honor Tennessee’s brave men and women who give their life for our country. With the concerns unresolved, the bill was deferred until next week.

In brief…

• A bill that will change the spring sales tax holiday has passed the full House. The bill will move the spring sales tax holiday from March 21-March 23 to April 25- April 27, so that the holiday will not fall on Easter. The Senate has already approved the measure, and the Governor is expected to sign it soon.
• House Bill 3943 passed Education Committee this week, and will next be heard in Finance, Ways and Means Committee. The bill, if passed, would allow teachers to take leave without penalty to visit a spouse, child, or parent deployed for military duty.
• A House Joint Resolution that urges the Governor to establish a goal of reducing fuel consumption by at least 15 percent in the state’s vehicle fleet by 2010 passed the State and Local Government Committee this week. The Republican sponsor pointed toward the recent trend to more environmentally friendly vehicles, believing that the state should set an example. The bill is expected to reach the House floor soon.
• In the same vein, House Bill 2794 would add alternative fuel and hybrid-electric motor vehicles to the present list of vehicles authorized to drive in high occupancy vehicle (HOV) lanes. The bill passed out of the Public Transportation subcommittee, and will next face the full Transportation Committee.

The week ahead…

• House Bill 2511 prohibits investigative or enforcement actions of violations of environmental laws based solely on information submitted by an anonymous source (Environment)
• House Bill 2633 replaces authorization for the Commissioner of Commerce and Insurance to regulate boxing, kickboxing, and mixed martial arts with a new athletic commission (Commerce)
• House Bill 3991 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 (Judiciary)
• House Bill 2949 requires regulating entities to notify a holder of a license, certification, or registration of applicable laws and changes in applicable laws (State & Local Government)
• House Bill 2978 requires .5% reduction of sales tax on food in next fiscal year when surplus revenues exceed $50,000,000 in current fiscal year (Government Operations)
• House Bill 3399 requires local law enforcement agencies to increase patrols around high schools whose students are at risk of being exposed to criminal activity before or after school (Education)
• House Bill 2587 clarifies that kerosene sold directly to a consumer for residential use is tax exempt (Budget Subcommittee)
• The House will likely take up a resolution during the Monday session that states their position on the boundary dispute raised by the General Assembly of Georgia. House Joint Resolution 919 states that “the Tennessee-Georgia boundary has been properly established.”