Republicans Take the Reins at the State House Bill Haslam Became the 49Th Governor of Tennessee on Enacted to Jan
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6,250 subscribers www.TML1.org Volume 62, Number 1 January 24, 2011 Changes Republicans take the reins at the state house Bill Haslam became the 49th governor of Tennessee on enacted to Jan. 15, promising to set the state on a course toward economic recovery. Red Flags “As we slowly reverse the negative trends of the economic downturn that gripped our state and nation, we will be diligent in watching the weight of state government, regulations going on a diet of efficiency and effectiveness,” Haslam BY JOSH JONES pledged during his inaugural address. MTAS Legal Consultant Given before an estimated crowd of more than 3,000 who gathered outside the state Capitol, his speech, covered On the last day of 2010 and his three biggest priorities: job, education and managing the after numerous delays in implemen- state’s budget, tation the Identity Theft Red Flag Earlier that week, the 107th Tennessee General Assem- Rules of the Fair and Accurate bly convened, to take the oath of office, elect officers, and Credit Transaction Act (FACTA) organize the business of the 2010-2011 legislative sessions. became effective. It marked the first time since 1869 that Republicans These rules, aimed at identify- control both chambers of the legislature as well as the ing and preventing identity theft, governor’s office. caused much consternation among In the Senate, Lt. Gov. Ron Ramsey was re-elected to local governments upon their initial his third term as Senate speaker. And in the House, it was an release. Central to that worry was historic moment when Rep. Beth Harwell was elected the the question of applicability. Some first female speaker in Tennessee history. of this uncertainty was alleviated by The Senate welcomed four new members – all Repub- the Red Flag Program Clarification licans – increasing the majority party to 20 - 13. In the Act of 2010, passed during the re- House, 22 new freshmen took the oath of office, giving the cent lame-duck Congressional ses- Republican party a 64-34 advantage over the Democrats. sion. The legislature’s organizational week ended with the Under the new Act a municipal inauguration of Gov. Haslam. The General Assembly now service or utility is subject to the Red stands in a brief recess to allow for office assignments. Flag Rule requirements if it meets Coverage of Gov Haslam’s Cabinet, the Inauguration, Gov. Bill Haslam and First Lady Crissy Haslam give a thumbs up following the opening day of the 107th General Assembly, and legislative the definition of “creditor”. The inauguration. new Act defines “creditor” as an committee assignments begins on Page 4. Photos by Victoria South and Carole Graves entity that regularly in the course of business: 1)Obtains or uses consumer re- ports, directly or indirectly, in con- nection with credit transactions; 2)Furnishes information to consumer reporting agencies in connection with credit transac- tions; or, 3)Advances funds to or on be- half of a person, based on an obliga- tion of the person to repay the funds or repayable from pledged property (as in the case of payday lenders or check cashers) A municipal utility who does not regularly engage in the afore- mentioned activities may be exempt from the law and thus not subject to its policy, training and reporting requirements.Before a city acts upon this information, a thorough examination of its policies and pro- cedures and consultation with the city attorney is recommended. For further information go to www.mtas.tennessee.edu or con- Lt. Gov. Ron Ramsey is re-elected to his third term of office as Rep. Beth Harwell is sworn in as the first female speaker of the tact your MTAS Management Con- Speaker of the Tennessee Senate. Tennessee House of Representatives for the 107th General Assembly sultant. Kelley resigns; Tharpe ECD program helps citizens learn named interim TML president the basics of downtown revival On Dec. 20, Governor-elect Bill tee felt it would be imprudent to enter Haslam appointed Dale Kelley, pre- a year marked by a new administra- siding TML President and tion and an historic legislative ses- Huntingdon mayor, as his special sion absent a president. advisor for legislation, a Cabinet- The executive committee con- level position. sidered several different possibilities To avoid any suggestion of a and after giving consideration to conflict of interest, Mayor Kelley several factors including preserving submitted and the executive com- the rotation of the office of the presi- mittee accepted his resignation as dent among the grand divisions and president of the Tennessee Munici- respecting the terms of ascending pal League. officers. The executive committee Under the League’s by-laws, the unanimously voted to recommend president is to be elected at the annual that Sam Tharpe, current mayor of Sam Tharpe conference. As such, Mayor Paris, TML board member, and soned that as a former TML presi- Kelley’s resignation creates the pos- former TML president, be appointed dent, Mayor Tharpe is familiar with Main Street Collierville sibility of a six-month period in to serve out the remainder of the role and responsibilities of the gram according to various criteria: which the League would be without Mayor’s Kelley’s term. League’s president. Moreover, as BY VICTORIA SOUTH historic resources (economic and a president. The executive commit- The executive committee rea- See TML on Page 8 TML Communications Coordinator physical), demonstrated local effort, There’s a science to reviving overall presentation and probability Congress clarifies stormwater fee assessments the downtowns of yesterday and of success. Each community is rep- Tennessee’s citizens are eager to resented by volunteer steering com- BY DENISE PAIGE from rain or other precipitation to be on the matter and met with the U.S. learn it. Tennessee Downtowns, a mittees; five citizens committed to TML Legislative Staff absorbed into the ground. As a Environmental Protection Agency highly competitive, educationally- attending the monthly meetings and result, rainwater carries pollutants and the Department of Justice on tiered training program sponsored working incrementally through the Earlier this month, President from these hardened surfaces into several occasions. “The fact that the by The Department of Economic 18-month program. “It’s humbling Obama signed S. 3481 into law, bodies of water, creating health haz- federal government was claiming it and Community Development to watch dedicated citizens put their clarifying that federal agencies are ards and damaging the environment. was exempt in some instances made (ECD), supplies guidance and infor- time and sweat into the communities required to pay local stormwater Local governments with it very hard for us to explain to mation about sustainable downtown they love,” said Andrea Fanta, Ten- fees used to fund programs that stormwater programs are permitted churches, nonprofits, and even state revitalization and historic preserva- nessee Downtowns program man- reduce pollution going into commu- to charge fees to fund their pro- government that this was a fee that tion to citizens from all walks of life. ager. “The common thread is that nity lakes, streams, and rivers. grams for the benefit of everyone in everyone was required to pay,” “The Tennessee Downtowns they are fully invested and care about Stormwater utilities require most the community. Services may in- Mayor Littlefield said. The legisla- program provides communities an creating a sense of place and a qual- property owners to pay fees based clude flood control, development tion will ensure that the federal gov- opportunity to explore all the mov- ity, livable place.” on the amount of impervious sur- regulation, and pollution prevention. ernment pays its fair share for its ing parts of revitalizing a traditional Each group will ultimately de- face area like rooftops, parking lots, Since everyone benefits from the contribution to the pollution prob- downtown commercial area,” ex- vise project plans for their down- and compacted soil located on their services, all property owners, in- lem. plains Kimberly Nyberg, ECD Main towns based on the national method- parcels of land. The bill was intro- cluding churches, nonprofit organi- As a result of the bill’s passage, Street director. “Some communities ology, which emphasizes four key duced to resolve disagreements over zations, and homeowners share to- local governments nationwide will just want to find out what the down- areas: organization, promotion, de- whether agencies like post offices, wards the overall cost of the be able to more adequately fund their town revitalization commitment sign and economic restructuring. power authorities, and federal build- stormwater management program. stormwater treatment and manage- means before making the transition While the methodology is the same ings were exempt from payment of In Tennessee, only farmers and per- ment obligations. The measure was into a full-time downtown manage- across the U.S., each community these fees. sons whose storm water runoff is a bipartisan effort and passed with ment program like Main Street.” decides how to wield this approach Stormwater runoff is one of the not discharged into or through the the support of the National League of Based on the National Main to meet their specific needs. The fastest growing sources of pollution stormwater or flood control facili- cities (NLC), the National Confer- Street Center approach, the Tennes- program provides technical assis- in water today and includes bacteria, ties are exempt from the payment of ence of State Legislatures (NCSL), see Downtowns program requires tance, workshops and $15,000 in sediments, chemicals, trash, pesti- this fee. the U.S. Conference of Mayors, and eligible commercial districts to be at grant funding for the projects. cides, and motor vehicle fluids. Im- The city of Chattanooga was the National Association of Coun- least 50 years or older.