State House of Representatives

State of Tennessee

As part of my belief in accountability, it is my goal to provide the citizens of the 60^th district with a “weekly wrap” of what is happening in your government.  The wrap will only hit the high points or legislation that I think is important to the people of the district but is by no means all that is happening at the Capitol.  I strongly encourage you to visit www.capitol.tn.gov where you can watch live streams or delayed tapings on all the floor sessions and committees in both houses of the state legislature.  You can also find more information about any bills you may be interested in by using the bill tracking feature at the bottom of the home page.  Please feel free to contact me regarding any piece of legislation or any other concerns you may have and I will be glad to do what I can to help.  You can reach my office at (615) 741-6959 or by e-mail at rep.jim.gotto@capitol.tn.gov. 

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Tennessee Achieves Remarkable

Debt Service Savings

The State of Tennessee yesterday sold $449,070,000 of General Obligation Refunding Bonds. The goal of this refinancing was to achieve debt service savings over the life of the debt equal to 4 percent of the present value of the refunded bonds. The State surpassed this goal, achieving 7.46 percent present value savings totaling $34,031,900. The savings were realized proportionally over the life of the refinanced debt.

With this refinancing, the total savings generated this fiscal year are $37,319,500 (including the refinancing that was sold last fall that generated $3,287,600.)

Some highlights about this sale are:

• ·        The bonds were rated Aaa, AA+, AAA by Moody’s Investors Service, Standard and Poor’s and Fitch respectively.
• ·        The bond issue was the third largest deal this week in the nation and the largest General Obligation Bond financing calendared for this week.
• ·        The bonds were sold at a negotiated sale led by JP Morgan Securities.  Two additional firms with public finance offices in Tennessee participated as co-managers.  Six firms with public finance offices in Tennessee participated in the Selling Group.
• ·        Over $100 million in orders were taken from retail customers with Tennessee retail customers receiving the highest priority.
• ·        In several maturities our bonds were in such demand that the yield on the bonds was reduced prior to accepting the pricing
• ·        The savings will occur in fiscal years 2015 – 2027.

Leading Lawmakers Usher Retailer

Nexus Legislation through House

Bill Will Solidify Jobs Agreement Reached Between Governor Haslam, Legislative Leaders and Amazon Officials

In an effort to codify the agreement reached last year between Gov. Bill Haslam and officials from Amazon.com Inc., legislation was pushed through the House today that will help Tennessee develop and maintain 3,500 jobs in the State.

The bill, House Bill 2370, is a top priority in the House. 

HB 2370 simply establishes requirements for determining whether certain business affiliates have a physical presence in this State sufficient to establish nexus for sales and use tax purposes. Nexus is a legal term referring to connection or jurisdiction within a State.

In the case of Amazon, this legislation will ensure the online retail giant will pay Tennessee sales taxes if a national online sales tax law is not passed by the federal government by 2014. Under the bill, the new Amazon fulfillment centers located across the State will meet the requirement for establishing nexus in Tennessee.

The legislation awaits action in the Senate. The full text can be viewed here.

Legislators’ Effort to Fight Human Trafficking Scores First Legislative Victory

Bill to Create Civil Recourse for Victims of Human Trafficking Passes House

The effort to combat human trafficking received a major boost today with passage of an important bill in the Tennessee House of Representatives. If the bill becomes law, victims of human trafficking offenses would have a civil right of action for actual damages, compensatory damages, punitive damages, injunctive relief, any combination of these, or any other appropriate relief.

The legislation passed with unanimous, bipartisan support.

Under the legislation, "Trafficked person" is defined as a victim of a human trafficking offense, which is the commission of any act that constitutes the criminal offense of:

(1) Involuntary labor servitude;
(2) Trafficking persons for forced labor or services;
(3) Trafficking a person for sexual servitude; or
(4) Promoting the prostitution of a minor.

The bill also extends to loved ones of the victim. A legal guardian, family member, representative of the trafficked person or court appointee may represent the trafficked person or the trafficked person's estate if deceased. If the trafficked person dies as a result of a human trafficking offense, a surviving spouse of the trafficked person is eligible for restitution.

The legislation can be accessed by clicking here.

Equal Access to Public Property Act Passes House

Bill Protects Freedom of Assembly Rights

for All Tennesseans, On Its Way to Senate

A bill designed to allow for equal access to all publicly-owned property for all Tennesseans is on its way to the Tennessee Senate.

House Bill 2638 easily passed the House of Representatives today by a vote of 70-26. The legislation prevents people from living on publicly-owned property not designated for residential use. Additionally, it prohibits individuals using publicly-owned property from posing a health hazard or threat to the safety and welfare of others. The bill now awaits consideration in the Senate which is expected as early as next week.

Some critics contend the bill targets only one group and does not affect all Tennesseans. Watson, who serves as the Chairman of the House Judiciary Committee, is quick to counter those assertions.

The text of the legislation can be accessed by clicking here.

In Brief

Additional Tort Reform Measure Passes House—On Thursday, legislation to add an additional exception to the limitations on noneconomic, punitive, and exemplary damages that were passed as part of the Tennessee Civil Justice Act of 2011 passed the House. Under present law, compensation for any noneconomic damages suffered by an injured plaintiff may not exceed $750,000 for all injuries and occurrences that were or could have been asserted, unless the injury or loss is catastrophic in nature, in which case the amount of noneconomic damages awarded may not exceed $1 million. Additionally, punitive or exemplary damages in a civil action may not exceed an amount equal to the greater of two times the total amount of compensatory damages awarded or $500,000.

“Jaclyn’s Law” Receives Bipartisan Support—Legislation passed that provides immunity for first responders.  Termed “Jaclyn’s Law” after a victim lost her life in a similar instance, the bill applies first responders use forcible entry to enter premises to render emergency medical assistance when responding to 911 calls. The legislation passed with a bipartisan, unanimous vote.

TEAM Act Moving through Committees—The bill to revise Tennessee’s current civil service law is advancing in the Legislature. There has been much focus given to the main provisions of the bill that allow for on-the-job performance to be given more weight than seniority as it pertains to promotion of State employees. The Majority Leader has indicated there will be an amendment to revise the legislative language. Additional Committee action is expected in the next two weeks.

Voter ID Measure Quickly Moving in House—Legislation to allow persons age 60 and older to vote absentee upon request, instead of age 65 and older, was sent to the House Finance Ways and Means Committee this week. The bill gives senior voters more flexibility and voting opportunities at the ballot box.

My Bills

I continued to move my bills through the legislative process this week.  I had three bills pass out of Calendar & Rules committee and will be heard by on the floor of the house next week.  HB2376 will require anyone applying in Tennessee for a driver’s license, instruction permit, intermediate driver license or photo identification license must provide proof of being a U.S. citizen.  However, the bill states, that those applying for reinstatement of his or her license, whom the Dept. of Safety has already received documents verifying U.S. citizenship, would not have to resubmit those documents.   

Don’t forget, State offices will be closed for President’s Day Monday.  I hope you all will take a few moments this weekend to remember the 44 great men who have taken on the privilege and responsibility of leading this great nation.  Have a great long weekend!