Blistering Fuel Costs Evaporate City Budgets

1-TENNESSEE TOWN & CITY/AUGUST 28, 2006 www.TML1.org 6,250 subscribers www.TML1.org Volume 57, Number 15 August 28, 2006 SST Task Force trolls for Homeland Security Chief says we’re still not safe new members at NCSL BY CAROLE GRAVES BY CAROLE GRAVES North Dakota Sen. Dwight Cook, Just one week after a thwarted TML Communications Director president of the Streamlined terrorist plot to blow up planes Sales Tax Governing Board. “We headed to the U.S., Homeland Secu- Recruiting more states, keep- don’t want to lose any associate rity Secretary Michael Chertoff said ing associate members at the table, members.” there has been a lot of progress in the getting more legislators involved, As part of a five-part strategy war on terror but that the country still and launching advocacy efforts for growing the organization, the isn’t safe. were just a few of the strategic Streamlined Sales Tax Govern- “A lot has been done. Last week goals identified as part of a full- ing Board is working with NCSL was a testament of the progress,” court press for moving the Stream- and the National Governors As- said Chertoff. “But I’m the first to lined Sales Tax Project (SSTP) sociation (NGA) to determine admit that we still have a lot to do. forward. why some states have not yet be- We are not as safe as we need to be, The National Conference of come members, specifically fo- but we’re making progress.” State Legislatures (NCSL) task cusing on the more populated Chertoff remarks were made force on State and Local Taxation states such as California, Florida, during the National Conference of of Telecommunications and Elec- and Texas. Part of their recruiting State Legislatures’ annual meeting tronic Commerce met prior to the efforts included a breakfast ses- recently held in Nashville. He told official kick off of the NCSL an- sion during the annual meeting state lawmakers that vigilance is key nual meeting in Nashville to dis- that targeted legislators from for dealing with “radical fascists’ cuss several proposals for amend- states who have not yet joined in ideologues.” ing the Streamlined Sales and Use the project and promised to pro- With the five-year anniversary Tax Agreement (SSUTA) and to vide information for “bringing of the Sept. 11 approaching, set goals for increasing the num- your sales tax system into the 21st Chertoff ticked off improvements ber of member states involved in century.” made to national security: the project. Another strategy for keeping • Airplanes now have reinforced Photo by Carole Graves “Our goal is to increase state states involved in the project is to cockpit doors. Homeland Security Secretary Michael Chertoff discusses progress of membership (in the streamline create “adviser states” status for • Airport screening has been in- national security efforts during the NCSL conference in Nashville. project) and to keep those associ- those implementing states that creased and screeners have been ate members at the table,” said See STREAMLINED on Page 9 trained to look for detonators. on flights. been refashioned and worked to- • Armed air marshals are present • The intelligence community has ward greater information shar- ing. • The federal government has in- Wilder, Naifeh honored by national organization vested $10 billion in port security improvements. • FEMA has been retooled to bet- ter respond to state emergencies. • Ten major cities have improved their emergency radio communications systems so that all ju- risdictions including police and fire departments can talk to each other in crisis situations. “Police and firefighters who were rescuing people in the World Trade Center on 9-11 couldn’t speak to each other because they had dif- ferent radio frequencies,” said Chertoff. “The critical foundation of response is the ability to talk to each other. We are closer to achieving that.” He said the federal government has spent more than $2 billion on See CHERTOFF on Page 3 Court, AG rule in favor of cities BY DENNIS HUFFER MTAS Legal Consultant For the first time, a Tennessee court has recognized the common Photos by Carole Graves law of law enforcement privilege, Lt. Gov. John Wilder receives NCSL Lifetime Achievement Award. House Speaker Jimmy Naifeh receives Legislative Leadership award. which exempts from public disclo- sure certain law enforcement Tennessee’s top legislative lative Leadership. tive Leaders Foundation and NCSL. pass legislation while maintaining records that would reveal police in- leaders, Lt. Gov. Wilder and House Naifeh and co-winner Andrew Speaker Naifeh is a 31-year vet- the independence and integrity of vestigative techniques, enable Speaker Jimmy Naifeh, were recog- Romanoff, speaker of the Colorado eran of the Tennessee House. He has the legislative institution. criminals to avoid detection, and re- nized for their leadership during the House of Representatives, were se- served as speaker since 1991, and The success of Jimmy Naifeh veal the names of potential wit- recent meeting of the National Con- lected from more than 25 nominees was majority leader during the six may be best expressed by the words nesses. ference of State Legislatures from 20 states by a bipartisan com- years before he became speaker. of a sign sitting on his desk, “It is The Court of Appeals in Jack- (NCSL). mittee of scholars, former state leg- During his tenure, Naifeh has served amazing what can be accomplished son Sun v. The City of Jackson (No. Speaker Naifeh was awarded islators, business leaders, journalists with Republican and Democratic if it does not matter who gets the W2005-01234-COA-R3-CV – June the 2006 Excellence in State Legis- and the leaders of the State Legisla- governors, working with both to See AWARDS on Page 2 14, 2006) held that police “field in- terview” cards could be subject to this privilege. Blistering fuel costs evaporate city budgets The privilege is broader than the BY VICTORIA SOUTH become commonplace in cities by respondents include: recreational the recent National Conference of privilege recognized for records in TML Communications Coordinator across the state as local governments taxes, fee schedules for out-of-city State Legislatures (NCSL) in Nash- on-going criminal investigations scramble to channel funds from bud- fire calls and switching to diesel and ville along with transportation, under Rule 16(a)(2) of the Rules of The painful burn of rising fuel gets once designated for equipment Flex Fuel (E-85) vehicles and an healthcare, and education as Ten- Criminal Procedure. It is not limited prices has locked the state’s munici- and supplies or unfilled positions to increase in bio-diesel percentage for nessee lawmakers recently debated to on-going investigations. palities into a budgetary juggling act finance municipal fuel needs. municipal fleets already utilizing al- and decided against reducing the In this same case, the Court of to avoid reduced or discontinuation “We’ve been fortunate in that ternative fuels. state’s $21.4 cents per gallon gas Appeals held that financial records of services and the dreaded tax in- we’ve not cut services, but that Fuel costs took center stage at tax. relative to the Diamond Jaxx base- crease. doesn’t mean departments haven’t ball team that were not in possession had to cut back,” Jones said. “De- “All of the city’s departments of the city of Jackson at the time of have amended their budgets from partment heads have been able to the request were not subject to the other operational line items to in- make do by deferring purchases and Public Records Act at that time. Fur- crease their fuel line item,” said frankly, doing without certain David Jones, assistant to the city things.” ther, the city has no duty to continue manager in Cleveland. “We don’t really know what to indefinitely to look for responsive Diesel fuel that was $2.20 per do,” some respondents acknowl- documents that may come into its gallon May 2006 in Tennessee has edged truthfully as a moderate list of possession in the future. spiked to $2.75 and $2.85 respec- conservation methods including no AG Rules on Regulation of tively. idling policies, monitored tire pres- Residential Rental Property Sample surveys recently con- sures, restricted use of take-home The state Attorney General has ducted by the Municipal Technical vehicles, and riding two to a car have ruled that a municipality acting Advisory Service (MTAS) indicate apparently helped, but only so far. within its charter powers to protect municipal fleet operational costs in- “Conservation does work-but the health and safety of citizens may creased by 57 percent, on average, there is a limit to what it can save adopt an ordinance regulating the between fiscal years 2004-06. Addi- without reducing services,” the sur- rental of residential property within tional fuel surcharges recently intro- vey summarizes. its borders and charge an administra- duced to cities by outside contrac- Reserve fund dipping, budget tive fee that is reasonably related to tors performing municipal services amendments, and expenditure cuts the administration and enforcement such as paving, trash pickup or ship- along with revenue growth remain of the ordinance. ping/delivery companies further high on the list of fuel funding meth- Photo by Victoria South This fee would not be consid- fans the flame. ods across Tennessee in addition to The price of asphalt paving has skyrocketed due to rising oil prices ered an unauthorized privilege tax. Minus the option to level sur- building fees and water, sewer and prompting cities to delay or reduce the number of street repairs in their OTAG 06-103 (June 21, 2006). charges for city services, “Robbing natural gas rates. communities Peter to pay Paul” scenarios have Other suggestions considered www.TML1.org 2-TENNESSEE TOWN & CITY/AUGUST 28, 2006 $490,000.

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