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)

“Right to hunt” constitutional amendment passes 105th General Assembly

House Joint Resolution 108 passed on the House floor this week with overwhelming aproval. The constitutional amendment would add provisions to the state constitution establishing the right to hunt, fish, and harvest game subject to “reasonable rules and regulations.” An excerpt from the resolution reads:

Hunting and fishing are honored traditions in the state; citizens have enjoyed the bounty of Tennessee’s natural resources from the time prior to statehood, including hunting and fishing for subsistence and recreation; therefore, hunting and fishing is a vital part of the state’s heritage and economy and should be preserved and protected.

Having already passed the Senate this year, the amendment must now win the approval of the 106^th General Assembly next year by a two-thirds vote. The measure could be on the ballot for referendum as early as 2010.

“Pass the bottle” clears committee

The “Pass the Bottle” legislation, which would ban open containers in vehicles, and one of several DUI bills rolled out as a comprehensive effort to combat drunk driving, passed subcommittee this week and will next be heard in the State and Local Government Committee. The bill has met resistance for the last several weeks, however, members who previously seemed to oppose the bill wrangled over amendments, one of which lessened the charge for having an open container in a vehicle to a misdemeanor and a $50 fine.

If the bill is signed into law, federal funds to the tune of over $13 million could be returned to the road building account, and used in much-needed areas of maintenance such as road paving. Currently, the state receives the federal funds, but is restricted in how the money is spent. Due to these restrictions, much of it is now used for public safety campaigns.

Legislators participate in “Ag Day on the Hill”

Legislators participated in “Ag Day on the Hill,” an event sponsored by the House Agriculture Committee to raise awareness regarding the many things Tennessee farmers contribute to our economy and identity. Representatives from the Tennessee Farmers Cooperative, the U.S. Department of Agriculture, and produce, dairy and beef producers were all on hand to meet with legislators and discuss their initiatives and products. Below are some highlights:

Tennessee Farmers Cooperative: Despite a difficult year in which farmers were plagued with drought conditions, the Tennessee Farmers Cooperative reported a successful year due to the hard work and determination of their farmers. All of the state’s feed manufacturing facilities were designated Safe Feed/Safe Food Certified Facilities by the American Feed Industry Association, a rigorous process ensuring safe food.

U.S.D.A.: Although the number of farms in the U.S. decreased slightly, cash receipts from farm marketings increased by 11 percent. The top commodity in the state of Tennessee proved to be cattle.

Produce and Dairy: The Tennessee Department of Agriculture has rolled out a new website, http://www.picktnproducts.org/, that features great gifts, seasonal recipes, games, and where to find fresh produce, and hardy plants.

Dairy farmers reported that Americans are consuming more dairy than ever before. Per capita consumption of total milk has climbed to 605 pounds today from 552 in 1983. Tennessee is part of the Southeast United Dairy Industry Association, which also recently rolled out a new website, http://www.southeastdairy.org/.

For more information, please visit www.tennessee.gov/agriculture.

In brief…

• Schools: The House voted unanimously this week to pass legislation that requires school principals to grant students excused absences for up to 10 days for the purpose of visiting a parent who is stationed outside of the country. Currently, if a student’s parent, custodian, or other person with legal custody or control is a member of the United States armed forces or National Guard, a public school principal must give the student an excused absence for one day when the member is deployed and another day when the service member returns from deployment. Having already passed the Senate, the bill will now be sent to the Governor for his approval.
• Public Records: House Bill 2750 passed the Local Government Subcommittee this week, and will now be heard in full committee. The measure will allow elected bodies to set up websites where they can “instant message” one another, making the “conversations” available for the public and the media’s viewing. The bill was filed in response to the problems associated with the state’s Sunshine Law.
• Energy: The House voted this week to support House Joint Resolution 838, a measure that encourages the governor to establish a goal of reducing fuel consumption by at least 15 percent in the state’s vehicle fleet by June 30, 2010. The resolution was embraced by House members on both sides of the aisle. The sponsor said he believed that 2010 was a realistic goal to reduce the fuel consumption.
• Education: A bold education initiative called “Education Pays” was passed out of the House Education Committee, winning bi-partisan approval. The bill’s sponsor said he was extremely pleased that the Education Committee is thinking outside the box. The Education Pays Act creates a pilot program to give cash rewards to encourage academic achievement among at-risk students.

The week ahead…

• House Bill 3519 exempts home-based kitchens where non-potentially hazardous foods are made and the sale of such foods at farmers’ markets from department regulation. (Agriculture)
• House Bill 3715 requires meat or 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 be appropriately given to the public. (Agriculture)
• House Bill 3865 requires all birthing hospitals to provide educational materials for parents of premature newborns. (Health and Human Resources)
• House Bill 3059 creates a Class B misdemeanor offense of consuming alcoholic beverage while driving motor vehicle on public highway and Class C misdemeanor offense of possessing open container of alcoholic beverage within passenger area of motor vehicle on public highway. (State & Local Government)
• House Bill 4023 prohibits the diminution in value of gift cards and gift certificates. (Consumer & Employee Affairs)
• House Bill 3991 creates new Class E and D felony offenses of assault on law enforcement officer; and Class B felony offense of aggravated assault on law enforcement officer. (Judiciary)
• House Bill 4042 authorizes human resource agencies to apply for grants and implement statewide an intervention program called “Moral Kombat.” (Education)
• House Bill 0009 creates K-12 lottery capital outlay special account; establishes grant program for capital outlay projects for K-12 educational facilities administered by comptroller of the treasury. (Education)
• House Bill 4185 adds a new classification of limited resource waters to the Water Quality Control Act of 1977. (Conservation & Environment)

A commonsense DUI measure appeared again this week before a House subcommittee after questions and concerns were raised two weeks ago. The “Pass the Bottle” legislation, which would ban open containers in vehicles, was one of several DUI bills rolled out by Republicans as a comprehensive effort to combat drunk driving. Currently, no driver may consume an alcoholic beverage or possess an open container of such while operating a motor vehicle, but passengers may consume alcohol. The bill sponsor, in his opening remarks, said this policy invites drivers to drink as long as there is a passenger to which they can “pass the bottle.”

The bill experienced some resistance in subcommittee last week, when members expressed concern over the ability of sober drivers to take friends home who are drinking, and also regarding sporting events, such as University of Tennessee football games. The same questions and concerns were raised this week, delaying the legislation once again.

In 2006, there were 1,287 fatalities on Tennessee roads with 509 due to alcohol-related crashes, a 7.6 percent increase from the previous year. Motor vehicle crashes are the leading cause of death among persons between the ages of 3 and 33, with 50% of the victims being in alcohol-related crashes. In addition, fifty-two percent of drivers that were involved in alcohol-related fatalities had BAC levels at or above .16.

Republicans argued that in addition to saving lives, the law would produce only positive revenue for the state, and would also allow $13 million in federal funds to be used for projects such as roads—currently, the money has very specified uses, restricting the state’s ability to use it as efficiently as possible. They also pointed out that 40 states have adopted such a measure, with several more considering it this year.

Tennessee has only five of the eleven elements proposed by the National Transportation Safety Board (NTSB) who have designed model legislation for a comprehensive approach to lowering the incidence of DUI in states. In addition to lowering the level for extreme drunk driving, NTSB also urges adoption of legislation to enhance vehicle impoundment, zero tolerance or lowering blood alcohol levels for repeat offenders, and enactment of an automatic license revocation program (ALR). The NTSB claims ALR is a major factor proven to reduce alcohol-related car crashes. Without ALR, the offender can get back on the road as soon as they are sober enough to drive.

Finally, the NTSB urged passage of a more uniform and mandatory system for installation of interlock devices to immobilize the vehicle of a drunk driver upon detection of alcohol in their body. Interlock devices are small pieces of equipment attached to the steering wheel of a car with a tube that the driver must breathe into in order to allow the ignition to start. Republicans are focused on passing many of these DUI laws this year in their comprehensive package, bringing Tennessee up to speed with the majority of states in the nation.

Flag bill nearly scuttled in committee

House Bill 3155 was nearly scuttled in the State and Local Committee this week, over concerns by the Bredesen Administration. The Republican bill would require the governor to proclaim a day of mourning and to fly the state flag at half-staff over the state Capitol whenever a Tennessee member of the armed services is killed in action or dies from combat-related wounds, after which the flag would be delivered to the deceased member’s family. The administration argued that the law should only apply to local government buildings, noting that the flags at the Capitol are lowered for occasions and not individuals.

The Republican sponsor said the measure was not controversial, but simply a way to honor Tennessee’s brave men and women who give their life for our country. With the concerns unresolved, the bill was deferred until next week.

In brief…

• A bill that will change the spring sales tax holiday has passed the full House. The bill will move the spring sales tax holiday from March 21-March 23 to April 25- April 27, so that the holiday will not fall on Easter. The Senate has already approved the measure, and the Governor is expected to sign it soon.
• House Bill 3943 passed Education Committee this week, and will next be heard in Finance, Ways and Means Committee. The bill, if passed, would allow teachers to take leave without penalty to visit a spouse, child, or parent deployed for military duty.
• A House Joint Resolution that urges the Governor to establish a goal of reducing fuel consumption by at least 15 percent in the state’s vehicle fleet by 2010 passed the State and Local Government Committee this week. The Republican sponsor pointed toward the recent trend to more environmentally friendly vehicles, believing that the state should set an example. The bill is expected to reach the House floor soon.
• In the same vein, House Bill 2794 would add alternative fuel and hybrid-electric motor vehicles to the present list of vehicles authorized to drive in high occupancy vehicle (HOV) lanes. The bill passed out of the Public Transportation subcommittee, and will next face the full Transportation Committee.

The week ahead…

• House Bill 2511 prohibits investigative or enforcement actions of violations of environmental laws based solely on information submitted by an anonymous source (Environment)
• House Bill 2633 replaces authorization for the Commissioner of Commerce and Insurance to regulate boxing, kickboxing, and mixed martial arts with a new athletic commission (Commerce)
• House Bill 3991 creates new Class E and D felony offenses of assault on law enforcement officer; and Class B felony offense of aggravated assault on law enforcement officer (Judiciary)
• House Bill 2949 requires regulating entities to notify a holder of a license, certification, or registration of applicable laws and changes in applicable laws (State & Local Government)
• House Bill 2978 requires .5% reduction of sales tax on food in next fiscal year when surplus revenues exceed $50,000,000 in current fiscal year (Government Operations)
• House Bill 3399 requires local law enforcement agencies to increase patrols around high schools whose students are at risk of being exposed to criminal activity before or after school (Education)
• House Bill 2587 clarifies that kerosene sold directly to a consumer for residential use is tax exempt (Budget Subcommittee)
• The House will likely take up a resolution during the Monday session that states their position on the boundary dispute raised by the General Assembly of Georgia. House Joint Resolution 919 states that “the Tennessee-Georgia boundary has been properly established.”

Lawmakers from the Senate and the House held a press conference this week to promote key healthcare proposals aimed at helping elderly and disabled Tennesseans receive more options in their healthcare, including staying in their homes for as long as possible.

The long term care legislation is part of a series of bills aiming to help citizens “age in place.” One bill, which has already passed the Senate health committee, calls for a pilot program that allows individual patients to choose from specific services that fit their needs and also allows them to choose who performs the tasks. Consumers would receive a monthly budget based on their needs, and could use the money to hire personal assistants, make home modifications, and more. Legislators stressed the importance of the legislation, saying that Tennessee should give its seniors more options with regards to home and community based care, noting that whereas some citizens need the 24 hour attention a nursing home can give them, others simply need an assistant to come to their home a few times a week to give them a bath, assist with medication, or perform other household tasks.

Arkansas, Florida, and New Jersey were the pioneers of this self-directed health care concept. Since that time, 12 other states have expanded their choices. In Arkansas, there was a 40% reduction in nursing home admissions in the second year of the program, and the total Medicaid cost per person under the self-directed care plan was about he same as that for the traditional agency model. Studies show that, by every measure, self-directed care is succeeding and that consumers with this option are reporting greater satisfaction, better quality of life, and fewer unmet needs.A second proposal would encourage 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 having to dispose of family heirlooms, land, or other things that have sentimental value. The legislation would allow seniors to retain those assets, dollar for dollar matched with the private long term care insurance purchased.

Several other states have enacted similar laws, with more considering enacting them this year. The main crux of the bill, asset protection, is a key component of the program. For every one dollar of private long term care insurance paid, one dollar of personal assets would be protected should the policyholder ever need to apply for Medicaid services. For example, if someone had a $100,000 long term care policy, once those policy benefits have been exhausted the program would protect $100,000 worth of assets and still offer Medicaid benefits.

Tennessee spent approximately $1.1 billion on long term care last year. Out of the 22,000 seniors on Medicaid in Tennessee, only a few thousand receive home and community based care services. 98% of all monies spent on long term care are spent on nursing home care.

In brief…

• A bill that will change the spring sales tax holiday has passed through the committee system and will be heard on the floor next week. The bill will move the spring sales tax holiday from March 21-March 23 to April 25- April 27, so that the holiday will not fall on Easter. The Senate has already approved the measure.
• Representatives were encouraged this week to promote “Tennessee History for Kids,” an initiative that provides Tennessee students with the tools to learn and understand the history of the state. The website, http://www.tnhistoryforkids.org/ notes that most public school students in Tennessee have no Tennessee history or civics textbook, even though students in about half of the grades are required to learn parts of the subject every school year. Tennessee History for Kids is a public-private partnership whose governmental sponsors include Governor Bredesen, the Tennessee General Assembly, Tennessee Department of Education, the Tennessee Department of Tourist Development, and the Tennessee Department of Environment and Conservation.
• On Monday evening, the House of Representatives honored Tennessee’s historically black colleges and universities in a ceremony that included the Presidents from Meharry Medical College, Tennessee State University, Fisk University, American Baptist College, Knoxville College, Lane College, and LeMoyne-Owen College. The event was hosted by the Tennessee Black Caucus of State Legislators in honor of Black History Month.
• House Bill 2452 designates March 29^th as “Vietnam Veterans Day,” in order to honor those who served in the Vietnam War. The bill passed on the House floor on Monday, with all representatives present voting in the affirmative.
• The Former House Minority Leader Tre Hargett was confirmed this morning by the House of Representatives as a director to the Tennessee Regulatory Authority. The Senate has already voted to confirm Mr. Hargett.

The Week ahead…

• House Bill 3681 allows municipalities located within the large urban counties to select the color scheme of the municipality’s ambulances, provided that the color scheme is the same used for the municipality’s fire department vehicles. (Transportation)
• House Bill 583 creates a Class A misdemeanor for person communicating death threat concerning a school employee or student. (Judiciary)
• House Bill 2943 requires the department of education to develop and implement a college scholarship program promoting civic learning and good citizenship. (Education)
• House Bill 3943 requires school principals to grant students excused absences for up to 10 days for purposes of visiting a parent or legal guardian who is stationed outside the country and is granted rest recuperation by the United States military. (Education)
• House Bill 2615 is a bi-partisan measure creating a special joint legislative committee to study improvements to TWRA. (Conservation & Environment)
• House Bill 3112 specifies that in addition to the regular costs of an action, a court may award attorney’s fees and reasonable costs to establish marital fault. (Children & Family Affairs)
• House Bill 2915 prohibits printing a social security number on voter registration cards. (Finance, Ways, & Means)