The Tennessee Firearms Association claims that recent documents show the Haslam administration manipulated the "Fiscal Note Process" in order to kill "Pro-Gun Legislation." WGNS has decided to release the exact information the organization sent to local media outlets on Monday afternoon.
The information they sent can be read below in its entirety.
After a series of ‘Open Records Requests’ the Tennessee Firearms Association has uncovered documented evidence of misleading statements and the falsifying of a contrived fiscal note. These questionable actions were carried out by members of the Haslam Administration during the 2014 legislative session in an attempt to kill a pro-gun bill.
“This was apparently a deliberate ploy to kill legislation that the Haslam Administration opposed by misrepresenting the effect of the bill to the legislators,” noted John Harris, Executive Director of the Tennessee Firearms Association. “Underhanded tactics such as this are unacceptable and Governor Haslam owes the citizens of Tennessee an explanation.”
The fiscal note fiasco started earlier this year when Sen. Mae Beavers and Rep. Micah Van Huss sponsored legislation to allow the open carry of handguns without a permit. The bill passed the Senate 25-2 (SB2424), despite behind the scenes opposition from the Haslam Administration. As the open carry bill moved through the House after passing in the Senate, it was delayed and then voted down in a Finance Sub-Committee after having a false fiscal note attached. The full House of Representative never considered the bill because of the shenanigans involving the false fiscal note in House Finance.
The fiscal note, added by the Administration, claimed that the open carry bill would cost the state government $100,000 by requiring that the word “concealed” be added to every valid handgun permit in Tennessee. However, the bill itself contained no such requirement. When pressed, the Department of Safety responded that departmental policy required adding the word “concealed” to the permits. However, when a request was made for the specific policy, the Department of Safety admitted that no such policy actually existed.
Almost 3,000 pages of state documents obtained by the Tennessee Firearms Association through the Open Records Requests reveal that a Haslam administration official, Bill Hedge, citing the non-existent “departmental policy” on behalf of the Tennessee Department of Safety, estimated that it would cost the State $100,000 to add the word “concealed” when handgun permits are printed. The administration’s estimate caused a “fiscal note” to be placed on the legislation and forced it to be rerouted to the House Finance Committee which is under the control of Rep. Charles Sargent.
After a legislative amendment (HA1127) was introduced to prohibit the Administration’s proposal to add the word “concealed” on each permit, Mr. Hedge defiantly declared in an April 8, 2014, e-mail that:
“Even though the amendment removed the requirement, the department by policy will in fact continue the designation of ‘Concealed’ on the Handgun Carry Permit….I am certifying that the department will in fact incur the (costs) to reflect the ‘concealed’ provision….”
Further, when pressed concerning which department policy required such a change, the Department of Safety admitted that it had misrepresented that there was an existing departmental policy as reflecting in an e-mail from Bill Hedge dated April 14, 2014:
“Currently, a written policy concerning information contained on the permit, including the ‘title’ of the document, does not exist.”
More significantly, the Open Records Requests revealed that the Department of Safety is under a multi-million dollar contract with a third party, L-1 Credentialing, Inc., to design and print the handgun permits along with other similar official state documents. That contract requires the third party to make changes in the design and format of the permits at no additional charge to state government. Department of Safety documents do not reference this contract in discussing the $100,000 estimate by Hedge nor do they detail why it would cost $100,000 to print the word “concealed” on the handgun permits even after the proposed legislation it was made clear by the sponsors that the legislation did not alter the handgun permits or convert them into concealed carry permits. The documents also reveal that the Haslam Administration was actively fighting the bill, that Department of Safety officials were working to stop the bill by creating estimates of printing costs, and that certain legislators were involved to create a fiscal note ensuring that the bill was rerouted to the House Finance Committee.
After the false Administration estimate was attached to the bill as a fiscal note, House rules required that the bill be considered by Charles Sargent’s Finance Committee because it had a (falsely) estimated cost to state government. Bill Gibbons, Commissioner of the Department of Safety, testified under oath that the legislation would add a concealment requirement to Tennessee’s handgun permits and that it would cost approximately $100,000 to start printing the word “concealed” on the handgun permits. The documents obtained in response to the Open Records Requests suggest that Commissioner Gibbons’ sworn testimony to the House Finance subcommittee was false in both respects. Mr. Gibbons’ testimony can be viewed here: https://www.youtube.com/watch?v=O_jeeCqS-VU
Legislative records indicate that the House Finance subcommittee knew that Gibbons’ testimony was false or misleading because the chairman announced just prior to the committee vote that they would assume a zero fiscal impact to the state for purposes of their votes on the legislation. Then, 10 members of the House Finance committee refused to allow the legislation to be moved forward thus prohibiting it from consideration by all members of the House of Representatives.
A complete and detailed write up, including source documents, will be available on the TFA web site soon: http://www.tennesseefirearms.org/news/item/10-fiscal-note-fiasco