Narowski will speak to the Soldiers of the 106th Transportation Battalion and 129th Combat Sustainment Support Battalion, 101st Sustainment Brigade, 101st Airborne Division, Thursday and Friday. She will also conduct a special high-risk behavior presentation to the teen-agers of the Soldiers assigned to the “Lifeliners” Brigade on Saturday.

Kelly Narowski

Narowski, then 25, was injured in an automobile accident in 1998, after she was thrown from the jeep she was driving. She was driving a friend home who had drank too much that afternoon, but Narowski did not wear her seatbelt.

The accident left her paralyzed from the chest down. Since then, she has traveled the country talking to the public about the dangers of high-risk behavior behind the wheel, including drinking and driving, and texting while driving.

She first spoke to Soldiers of the “Lifeliners” Brigade this past September during a Brigade-level Safety day.

NASHVILLE — Halloween is a fun night for both children and adults, but the Tennessee Department of Safety (TDOS) and Tennessee Highway Patrol (THP) remind parents, children and especially motorists to do their part to make sure that everyone gets home safely.  The celebration can quickly turn into a real night of horror if someone is hurt by a carless or impaired driver.

“With Halloween falling on a Saturday this year, we want to make sure revelers aren’t taking the party to the roadways, putting trick-or-treaters and responsible motorists at risk,” said Department of Safety Commissioner Dave Mitchell.  “Law enforcement officers throughout Tennessee will be out in full force arresting and removing drunk drivers from our roadways.”

Halloween is a particularly deadly night due to drunk drivers. According to the National Highway Traffic Safety Administration (NHTSA), in 2008, 58 percent of all highway fatalities across the nation on Halloween night involved a driver or motorcycle rider with a BAC of .08 or higher.  Last year in Tennessee, eight people were killed in seven crashes on Halloween between 12:00 a.m., October 31, 2008, through 6:00 a.m., November 1, 2008. Four of those crashes involved alcohol. That compares to three people killed in crashes on Halloween during the same time period in 2007. One crash in 2007 involved alcohol.

“One foolish decision can turn a fun Halloween into a real nightmare,” stated THP Colonel Mike Walker. “We want everyone to have a good time, but be smart about it.  Designate a driver.  This is your warning, because if you drink and drive, you will go to jail.”

The Tennessee Highway Patrol will be holding a Sobriety Checkpoint in Montgomery County Friday evening on Highway 13,  located 1 mile south of Highway 149.

Parents and children have a responsibility to be safe this Halloween too.  The Centers for Disease Control (CDC) found that the number of deaths among young pedestrians (ages 5-14) is four times higher on Halloween evening than any other evening of the year.  The U.S. Department of Transportation (USDOT) reports that fatal collisions between motor vehicles and young pedestrians (under the age of 15) happen most frequently between 4:00 p.m. and 8:00 p.m., prime trick-or-treating time.  Parents should remind teens just how terrifying and dangerous and illegal it is to drink and drive.  In 2008, 31% of young drivers, 15 to 20 years old, who were killed in crashes, had a BAC of .08 or higher.   Drivers are less likely to use restraints when they have been drinking.  In 2008, 63 percent of young drivers of passenger vehicles involved in fatal crashes who had been drinking were unrestrained.

There are simple precautions partygoers can take such as designating a sober driver in advance or taking a taxi. Below are tips parents, children and motorists should keep in mind before heading out the door this Halloween.

HALLOWEEN SAFETY TIPS

Tips for Motorists

• Slow down. Watch for children walking on roads, medians and curbs.
• Be extra alert when pulling in and out of driveways.
• Be especially alert for children darting out from between parked vehicles and from behind bushes and shrubs. They’re excited – and they are not paying attention.
• Do not pass other vehicles that have stopped in the roadway.  They could be dropping off children.
• If you are driving to a Halloween Party, put your mask on after you park the car.
• Never drink and drive – tonight or any night. If you are partying, designate a driver.

Tips for Parents

• Adults should accompany children at all times and supervise their “trick or treat” activities.
• Teach children to “stop, look left-right-left, and listen” before they cross the street.
• Instruct children to stay on sidewalks and to cross only at corners or crosswalks.
• Use a flashlight and wear retro-reflective strips or patches on your clothing or costume to be more visible to motorists.
• Be certain that the mask does not obstruct vision or hearing.
• Ensure that costumes do not impede walking or driving ability.

Tips for Pedestrians
(children and adults)

• Before crossing a street, stop at the curb or edge of the road and look left, right and left again to be sure no cars are coming. Continue to check for traffic while on the street.
• Walk – never run – from house to house or across the road.
• Cross the street only at intersections and crosswalks.
• When crossing at an intersection with a traffic light, be sure to watch for turning cars. Obey all pedestrian signals.
• Walk on sidewalks whenever possible. If there are no sidewalks, walk on the left side of the street facing traffic.

About the Tennessee Department of Safety

The Tennessee Department of Safety’s mission is (www.TN.Gov/safety) to ensure the safety and general welfare of the public.  The department encompasses the Tennessee Highway Patrol, Office of Homeland Security and Driver License Services. General areas of responsibility include law enforcement, safety education, motorist services and terrorism prevention.

A vehicle, a 2005 Lincoln LS, driven by Kenneth Davis, 20, of Ft Campbell, KY traveling westbound, collided with the rear end of the parked patrol car and pushed it into the rear of the Chrysler 300.  The patrol car and Chrysler were unoccupied at the time of the crash.

The CPD patrol car destroyed while working an accident on I-24

Davis and two other Ft Campbell soldiers, Michael Miller, 22, and Steven Boyd, 23, were transported to the hospital with non life threatening injuries.  Alcohol may have been a factor in the crash.

The investigation is ongoing and charges are pending.  The lead investigator is Officer Mike Caver, 931-648-0656, ext. 7060. or the TIPSLINE, 931-645-8477.

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This patrol yielded the following results: 17 DUIs, 1 Implied Consent, 3 Reckless Driving, 1 Failure to Use Reasonable Care, 22 Speeding, 1 Move Over Law, 13 Insurance Law, 1 Seat Belt, 16 Equipment Violations, 5 Driver License Violations, 5 Revoked/Suspended Driver Licenses, 9 Vehicle Registration, 4 Traffic Signal Violations, 4 Tint, 1 drug Paraphernalia, 1 Simple Possession – Drugs, 1 Public Intoxication, 1 Disorderly Conduct, 1 Unlawful Carrying of a Deadly Weapon and1 T.V. Available to Driver.

In the ideal world there would be no vehicle crashes. But, in the world we live in, they happen and, unfortunately, property is damaged and injuries often occur as a result of those crashes. In Clarksville, highway accidents were drown by a dramatic 624 last year, according to the Clarksville Police Department spokesman Jim Knoll.

The Police Department has been addressing the issue of traffic crashes through a multi-faceted approach. They identify the areas with the highest number of crashes and increase traffic enforcement activities in those problem areas. Also, the Police Department took advantage of a Governor Highway Safety Office grant which helped fund putting additional officers on the street to combat impaired driving.

Additionally, training classes to detect impaired drivers improved officer’s ability to get impaired drivers off of the streets before accidents occur. This approach has proved to be a winning combination.

The numbers have been tallied for 2008 and vehicle crashes in the City of Clarksville are down from 2007. There were 624 less crashes for 2008 (2747) than 2007 (3371). The Police Department’s driving under the influence of alcohol or drugs (DUI) arrests increased in 2008 (927) by 154 from the 2007 (773) numbers. The number of alcohol related crashes is also down from 2007. In 2008, there was 205 alcohol related crashes compared to 242 for 2007.

There is added significance to those figures when you consider that in 2007, there were 11 fatal crashes resulting in 14 deaths; three of those may have been alcohol related. In 2008, there were 7 fatal crashes, resulting in 7 deaths; two of those may have involved alcohol.

Let’s take a look at some other comparisons between 2007 and 2008. In 2007, there were 1148 crashes which involved some sort of injury, compared to 2008, which had 982; the injuries ranged from minor to fatal. In both 2007 and 2008, the day and time when more crashes occurred were identical – Fridays around 5 p.m. The main reasons for the crashes flip-flopped between 2007 and 2008.

In 2007, the main reasons for the 3371 crashes were: 1) Failure to Yield (842) and 2) Following Improperly (806).

In 2008, of the 2747 crashes, the reasons were the same but reversed the order: 1) Following Improperly (642) and 2) Failure to Yield (621).

The following may be of interest to drivers of all ages. The figures below represent the age of the individuals who were determined to be “at fault” during the crash investigations (See Note):

Age group:  (from 2007 to 20082008
19 and under: from  540 to 457
20-2: from  746 to 607
26-30: from 403 to 316
31-35: from 275 to 213
36-40: from 239 to 184
41-45: from 214 to 188
46-50: from 184 to 163
51-55: from 131 to 138
56-60: from  105 to 91
61-65: from 83 to 80
66-70:  61 to 53
Over 70: from 118 to 121

Note: You will notice the figures do not add up to the crash totals for 2007 and 2008. Some accidents were hit and run or fault could not be determined in some cases.

If you are trying to figure out around town where most accidents occur, then take a look at the following list. The intersections with the most crashes in 2008 (asterisk (*)indicates they were also in Top 10 in 2007) were:

1. * Madison Street/41A-Bypass/Hwy 76
2. * Wilma Rudolph Blvd & Trenton Rd
3. * Wilma Rudolph Blvd & Dunbar Cave Rd
4. * Riverside Dr./North 2nd/Providence Blvd/Kraft Street
5. * Wilma Rudolph Blvd & I-24
6. * 76 Connector & I-24
7. * Ft Campbell Blvd & Gate 3
8. 101st Airborne Div Pkwy & Trenton Rd
9. Memorial Dr. & Richview Rd
10. * Ft Campbell Blvd & 101st Airborne Div Pkwy.

If you summarize Clarksville’s 2008 crash stats, it all it comes down to this: accidents were down by 624;

• DUI arrests increased by 154;
• more crashes happen on Fridays around 5 p.m.;
• drivers between the ages of “20-25” had most “at fault” accidents;
• the #1 crash intersection for 2008 was at the intersection of Madison Street/41A-Bypass/Hwy 76.

The challenge continues for the Police Department as they try to further reduce crashes in 2009.

There were 108 vehicles stopped during the saturation patrols which yielded 119 charges, listed here.

• 6 DUIs
• 1 Implied Consent
• 3 Reckless Driving
• 40 Speeding
• 19 Insurance Law
• 5 Seat Belt
• 9 Equipment Violations
• 8 Driver License Violations
• 4 Revoked/Suspended Driver Licenses
• 1 Improper Turns
• 10 Vehicle Registration
• 8 Traffic Signal Violations
• 2 Tint
• 1 Curfew
• 2 Warrants

The Clarksville Police Department will also have saturation patrols running November 14 and November 15 from 22:00 – 04:00 hours.

The CPD and Montgomery County Sheriff’s Department have run a number of such checkpoints and saturation patrols, aimed at reducing the number of impaired drivers, speeders and other in violation of driving laws.

As we move toward the gatherings and high traffic period of Thanksgiving and Christmas holiday season, we hope these effective checkpoints are not only continued but expanded. They only serve to make the streets of Clarksville and Montgomery County safer for everyone.

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There were 68 vehicles stopped which yielded 66 charges: 6 DUIs (driving Under the influence); 2 Implied Consent; 1  Failure to Use Reasonable Care; 23 Speeding; 8 Insurance Law; 1 Seat Belt; 9 Equipment Violations; 4 Driver License Violations; 1 Improper Turns; 2 Revoked/Suspended Driver Licenses; 1 Improper Passing; 3 Vehicle Registration; 2 Simple Possession; 1 Public Intoxication; 1 Weapon Charge and 1 Unlawful Drug Paraphernalia.

Clarksville roads are a bit safer today due to a group of highly dedicated men and women who got together last night for a joint Clarksville Police Department DUI Enforcement and the Montgomery County Sheriff’s Department DUI roadblock. Approximately 450 vehicles passed through the checkpoint during its operation between 11 p.m. and 1 a.m., with between 10 and 15 citations being issued for a variety of offenses including not wearing seat belts, falsified registration, driving without headlights, curfew violations, and at least two suspected DUI’s.

The new DUI trailer is equipped with breathalizers, wireless computer technology and holding cells. Here officers administer a field sobriety test.

This outing was the first for the Clarksville Police’s new DUI trailer. Late Friday afternoon, local police and representatives from the Montgomery County Sheriff’s Office gathered on Vista Lane to unveil the new $27,000 trailer, designed and built by Trailerlogic of Anderson, South Carolina. Mike Richardson, President of Trailerlogic, was on hand for the event and its first deployment Friday night.

“This is the third ‘booking’ trailer we have built for Tennessee,” he explained. The first two were purchasded by the state; this is the first to be acquired for a local police department.

The name of the game is "awareness" -- here police speak with the driver of one of the 450 vehicles checked at the Friday night DUI roadblock.

A number of Clarksville Police gathered to take a first hand look at the vehicle, checking out its self-contained “intoxicator,” a breathalizer device that determines blood alcohol levels. The trailer is computer-equipped to allow booking of suspects on the spot, and has two small holding cells with padded seats and a seat-level railing to which suspects can be cuffed.

County Sheriff Jimmy Brown, who said Clarksville Police and his office “often work together in the common interest of saving lives.” Brown was “impressed” with the new vehicle.

The trailer provides a safe location to conduct roadside sobriety tests and helps ensure that when it comes to prosecution the courts have the evidence they need complete with a Breathalyzer test results and video recordings. Inside the vehicle, EMS personnel can also draw blood for testing. Cameras both inside and outside the trailer provide ongoing video documentation of every step from the initial stop to the process of sobriety testing, arrest, booking and lock-up. The trailer is amply lighted inside and out for nighttime use.

“It’s like having a portable office,” said, noting that some people who spot the roadblock turn around an head the other way. They are not pursued, Hurst said, unless they violate some other law (illegal turns) or make a reckless maneuver to avoid the roadblock. “Then we go after them.”

When asked why the public is given advance notice of where the roadblocks are placed, Hurst said prior court action set a precedent and regulation for the advance notice.

Ward 6 City Councilman Marc Harris attended both the official unveiling of the trailer and the checkpoint to show his support for the police officers and to see how well the new trailer served its function. He was the only city representative to show up, and should be commended for doing so.

Even though the checkpoint was for one night only, people should be aware that there will be increased DUI patrols out for the rest of the holiday weekend. If there is one message I can take from this experience watching these officers at work it is: Don’t drive while under the influence, because it’s quite likely that you will be caught and taken to jail.

At the time of the unveiling of the new trailer, Clarksville Police also displayed their recent new award from the state for “Speed Awareness” campaign.

Photos by Bill Larson

Trailer unveiling

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DUI Roadblock

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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)

Consensus reached on cable bill

Legislative leaders reached a consensus this week on the much-anticipated “Competitive Cable and Video Services Act.” Legislators held a press conference this week to announce that they had come to an agreement, stating that all parties involved were pleased with the progress that was made, and that consumers would be the real winners of the hard work.

Representatives from the competing cable industries have worked on a compromise with legislative leadership for the past 14 weeks. The bill was put on hold a year ago, with the legislature adjourning before a decision was reached. It passed House Commerce Committee this week, and is now headed to Finance, Ways and Means. Leaders said they believe the passage of the bill will expand competition, jobs, choice for consumers, and investment in Tennessee with broadband infrastructure.

Under House Bill 1421 / Senate Bill 1933, new cable competitors could obtain a 10 year franchise certificate from the Tennessee Regulatory Authority (TRA) beginning July 1. Existing providers would continue to pay local franchise fees directly to local government. New competitors operating under a state franchise would also pay for access permits to right of ways for cable lines. In addition, the bill requires service providers to continue allowing access to PEG channels (public, education, and government programming).

With regards to consumer protection, the bill specifically prohibits discrimination based on income or race with strong penalties against violations. Similarly, existing cable companies would be required to continue to serve unprofitable areas. New providers must demonstrate at the end of 3.5 years that 25 percent of the households with access to the service are low income. All providers must meet FCC mandated customer service standards and the TRA can require credits if a provider does not remedy service complaints.

Legislators said the expansion of high speed broadband to un-served and under-served communities was one of the key provisions of the legislation in order to foster access to rural areas of the state. Video providers that deploy broadband in new areas will get a four to one credit against their video build-out requirements in un-served areas, and a two to one credit in under-served areas, under the proposal. Local governments may subsidize broadband deployment to under-served areas if a TRA review determines no private sector interest exists.

Constitutional amendment to elect Lt. Governor granted approval by subcommittee

Senate Joint Resolution 687 cleared the first of many hurdles in the House this week by winning the approval of the State Government Subcommittee, but was amended to delete what proponents argue is a key component of the bill. SJR 687 is a constitutional amendment that would allow voters to elect their Lieutenant Governor and Secretary of State. The resolution would also solve a succession problem that was realized in 2006 when the Governor became ill due to a tick bite. It was determined then that there was no one to temporarily succeed the Governor should he become incapacitated.

Currently, if the Governor becomes incapacitated, the next in the line of succession would be the Lieutenant Governor, who also serves as Speaker of the Senate. The Attorney General recently opined that if the Lieutenant Governor were to assume the position of Governor, even if only temporarily, he or she would have to vacate their senate seat. If the Lt. Governor or the Speaker of the House (who follows the Lt. Governor in the line of succession) were to refuse, the unelected Secretary of State would then assume the position of Governor.

How would SJR 687 work?

After the gubernatorial primary, the candidate for each party would select a running mate that would serve as their Lieutenant Governor. The running mate would run on the same ticket as the Governor. The sponsor pointed out that we would not be creating a new position or adding a new salary, because the Lieutenant Governor would essentially replace the position of Deputy to the Governor, which is currently unelected.

The resolution also calls for a statewide elected Secretary of State, which the sponsor pointed to as a critical component to solving the succession problem. This component was stripped from the bill through an amendment that narrowly passed, in a move that the sponsor warned was problematic. Should both the Governor and the Lieutenant Governor be unable to serve, the Secretary of State would assume the position of Governor—and should therefore be elected by the people. The sponsor stated that while it may not seem likely that both the Governor and Lt. Governor would be either permanently or temporarily incapacitated, we must be prepared in this post-9/11 world.

Proponents of the legislation argue that there would be several advantages to restructuring the system via Senate Joint Resolution 687. The constitutional amendment would not only solve the succession problem, but it would also provide an opportunity for more diversity in the Executive Branch. Further, the Secretary of State—being in charge of elections—would be accountable to the voters, not the elected officials.

The resolution has already passed the Senate, and must now work its way through the House. It could be on the ballot, letting voters decide whether or not they want to amend the constitution, as early as 2010. For that to happen, the resolution must pass the 105^th General Assembly (2007-2008) by a simple majority and the 106^th General Assembly (2009-2010) by a supermajority. The referendum would then have to receive 50 percent plus one of those voting for Governor in 2010.

In brief…

• House Bill 3339 will transfer jurisdiction of the Off-Highway Vehicle Act from Tennessee Wildlife Resources Agency to the Department of Environment and Conservation. It also includes a hold-harmless provision, which states that a person cannot sue the landowner if that person is injured on the landowner’s land. The intent of the general assembly is to encourage off-highway vehicle activities by limiting the civil liability of those facilitating or providing access to such activities. The bill is currently in the Conservation and Environment Committee.

• A house joint resolution that urges the Department of Education to study and develop lesson plans for parents to utilize in conjunction with the Books from Birth program is on its way to the House floor. The sponsor said he hopes HJR 932 will take the already successful program one step further in fostering a sense of educational responsibility in our children and their parents.

• House Republicans are continuing their efforts to crack down on sexual offenders this year. House Bill 957 saw passage out of Judiciary Committee this week; the bill requires resident sexual offenders and violent sexual offenders to obtain and carry a driver license or photo identification card in a manner that allows law enforcement officers to ascertain the person is a sexual offender.

• Friday, April 11^th is Tax Freedom Day in Tennessee, with the national Tax Freedom Day on April 23^rd. The Tax Foundation describes the occasion

“Tax Freedom Day is a vivid, calendar-based illustration of government’s cost, and it gives Americans an easy way to gauge the overall tax take. We count every dollar that is officially part of national income according to the Department of Commerce’s Bureau of Economic Analysis, and every payment to the government that is officially considered a tax is counted. Taxes at all levels of government are included, whether levied by Uncle Sam or state and local governments.”

For more information, visit www.taxfoundation.org.

The week ahead…

• House Bill 3715 requires meat for milk from cloned animals and all food for human consumption that has been genetically altered or modified to be labeled as such and that notice is appropriately given to the public. (Agriculture Committee)

• House Bill 2883 creates the legal status of a de facto custodian and provides standards and procedures to be used by a court to determine if a person should be awarded permanent custody or joint custody of a child. (Children and Family Affairs Committee)

• House Bill 3019 prohibits buildings in which educational activities are conducted from being treated as schools for fire safety and building code inspection purposes when the primary purpose of such facilities is not for educational activities. (Commerce 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 eligible post-secondary institutions. (Education Committee)

• House Bill 2750 authorizes a governing body to allow electronic communication between members under certain conditions in an effort to expand ways elected officials can effectively communicate with one another. (Finance, Ways and Means Committee)

• House Bill 1231 requires the commissioner of finance and administration to seek a new federal waiver or an amendment to the TennCare waiver in order to implement a personal health accounts program. (Health and Human Resources Committee)

• House Bill 955 requires the TBI sexual offender and violent sexual offender registration form to disclose the number of different victims involved in the offenders’ convictions. (Judiciary Committee)

• House Bill 3661 creates 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, and also makes this information available on the Internet. (Judiciary Committee)

• House Bill 3155 would require the governor to declare a day of mourning and fly the state flag at half-staff over the state capitol whenever a Tennessee member of the armed forces is killed in action or dies from combat-related wounds and stipulates that the flag be delivered to the deceased member’s family. (State and Local Government Committee)

DUI package delayed by committee

The Criminal Practice and Procedure Subcommittee considered DUI bills this week, many of which were proposals rolled out by Republicans at the beginning of session as part of a comprehensive package to discourage drunk driving in Tennessee. Although they were pleased that some elements of the package received the committee’s approval, GOP leaders were disappointed as some of the proposals were delayed or effectively killed. Some of these elements may have hope with other sponsors, but the Republicans stressed that each portion of the comprehensive package is crucial to solving the problem and saving lives.

Among the proposals that were granted approval by the subcommittee were versions of the automatic license revocation and use of the ignition interlock devices. A Republican sponsored version of a bill that would increase the penalty for vehicular homicide as a result of the driver’s intoxication also cleared the subcommittee and will next be heard in the full Judiciary Committee. The GOP is hopeful that the package will not be passed piecemeal but instead will pass as a comprehensive effort—something they argue is vital to the safety of Tennessee’s roads.

Republican leaders announced in January that they would sponsor a comprehensive approach to combat drunk driving in the state of Tennessee. Among the proposals in the multi-faceted approach were automatic license revocation, a greater use of ignition interlock devices, a ban on open containers, and tougher penalties against repeat offenders and for those who refuse to take the BAC test.

Election bills move forward

Several election bills saw passage this week that will improve and ensure the quality and integrity of elections.

House Bill 3115 passed the House floor on Monday with a unanimous vote and would place safeguards around citizens’ sensitive voter information held by state and local governments. The sponsor touted the bill as a measure that would create safeguards and procedures for ensuring that confidential information regarding citizens is securely protected on all laptop computers and other removable storage devices. The bill has already passed the Senate, and will now face the Governor for a signature to become law.

The sponsor assured House members that the proposal’s costs were insignificant, and could even save money in the future. Passing the measure was particularly timely. Over the Christmas holiday in 2007, a laptop was stolen from the Davidson County Election Commission’s offices in Nashville. The missing laptop contained names, addresses, phone numbers and about 337,000 voters’ Social Security numbers. In the wake of the theft, questions were raised as to the strength of the security of the sensitive information.

Another election bill that saw passage this week was one that will prohibit a member of a county election commission or the state election commission from participating in the management or leadership of a political party or a candidate’s campaign. The Republican sponsor said the bill would ensure that the process was fair and would re-establish voter confidence in the election process. The bill, House Bill 1442, passed out of the State and Local Government Committee this week.

In the same vein, House Bill 1279 would require the state coordinator of elections to enter into agreements with other states for the purpose of comparing voter data to identify duplicate voter registrations. The bill passed out of a subcommittee this week, with the Republican sponsor informing the committee that when Kentucky compared their voter rolls with neighboring states, 8,000 duplicates were discovered.

Lastly, a bill that would require voting systems to produce paper versions of any ballot cast passed out of Elections subcommittee as well. House Bill 1282 would require the paper ballot in order to ensure the integrity of recounts, contests or random samplings to reduce voter fraud. The Republican sponsor stated that the measure would further guarantee voter confidence in the system if a voter knew their vote could not be manipulated. The bill will next face the State and Local Government Committee.

Republicans sponsor open government proposals

This week Republican leaders demonstrated the Taxpayer Transparency in Government Act, a measure that would make the state’s budget more open and accessible to the general public. Republican members gathered to discuss the possibility of Tennessee developing a  website similar to one run by the federal government and other states including Kansas, Texas, Minnesota, Missouri, Nebraska, New York, Oklahoma, and South Carolina.  The Taxpayer Transparency in Government Act would establish a free, easy-to-use, searchable website that allows users to instantly explore state government revenue and expenditures.

The best sites allow taxpayers to search revenue and expenditures by agency, fund, program, object (such as grants or contracts), and vendor.  Details on payees include the name, address, document, number, processing date, and the amount. The majority of these states were able to produce their sites at little or no extra cost to the state.

During Wednesday’s meeting, Republican leaders explored Kansas’s website to help demonstrate how effective the site can be for citizens.  The bill’s sponsors believe that Tennessee taxpayers deserve to know where their tax dollars are going.  The Taxpayer Transparency in Government Act is a major step toward fulfilling this belief.

In the same spirit, a bill that proposes to harness technology for the purpose of opening the government process to the public successfully passed out of committee this week.  The bill would allow elected bodies to set up websites where they can instant message one another.  The “conversations” would be available for the public and the media’s viewing.  House Bill 2750 moves to the Finance, Ways and Means Committee next week.

In brief…

• House Bill 4066 cleared a House subcommittee this week. The bill, a long-time Republican Caucus initiative, would increase the maximum number of employees allowed under the Tennessee Small Employer Group Health Coverage Reform Act. The act provides a mechanism to make accident and health insurance available to small employers. Currently, only small businesses with 25 employees or less are eligible for the program. House Bill 4066 would increase that number to 50.
• House Bill 3891 successfully cleared the State and Local Government Committee on Tuesday. The bill, which was filed before the devastating tornados that swept though Tennessee, would allow TEMA to establish and administer a grant program to assist in the partial reimbursement of installation costs for safe rooms and in-ground shelters.
• A proposal that would have protected the right of business owners to require English on the job failed this week in the Employee Affairs Subcommittee, despite having passed on the Senate floor unanimously. The English in the Workplace Act, similar to that of Senator Lamar Alexander’s on the federal level, would simply have clarified that it is not against the law for businesses to require that English be spoken on the job.
• House Bill 1993 passed out of the committee system this week and will now be heard on the House floor. The bill changes the term for medical malpractice lawsuits to “health care liability action.” A health care liability action would include any lawsuit alleging injury related to the provision or failure to provide health care services, which names as a defendant a health care provider, health care facility, or employee of a health care provider.

The Week Ahead…

• House Bill 3661 creates 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. (Judiciary)
• House Bill 0852 rewrites the offense of leaving the scene of an accident to increase penalties depending upon culpability of driver, degree of harm, and the location of the accident. (Judiciary)
• House Bill 3069 provides that no penalty may be imposed for non-payment of traffic citation, based solely upon a violation recorded by surveillance camera, unless the citation is sent by certified mail. (Transportation)
• House Bill 4029 creates a pilot program to make laptops available to juniors in high school. (Education)
• House Bill 3059 creates a Class B misdemeanor offense of consuming alcoholic beverages while driving a motor vehicle on a public highway and a Class C misdemeanor offense of possessing an open container of an alcoholic beverage within the passenger area of a motor vehicle on a public highway. (State & Local)
• House Bill 3774 removes the prohibition on authorizing cyber-based public charter schools. (Education)