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)

Click here to view the embedded video.

I just love the fact that the above video points out that the Albuquerque Mayor claims cameras have reduced accidents by 20%, while multiple independent reports show they increased by 20%, this sounds a lot like Knoxville… One side has to be lying! Who might that be? I vote for the city since they are receiving a financial benefit from the cameras that they would lose because if the citizens knew these cameras increased accidents, they would be demanding they be removed. Lets avoid this issue in Clarksville totally by saying no to traffic enforcement Cameras!

Remember our city officials want to install the type system here and our lights are still timed to cause more congestion not less. How many times have we all seen Riverside drive back up over 1 mile from the Riverside Drive intersection clear to McGregor park. North Second street back up clear up Emerald Hill towards Forbes and Marion. Kraft street backed up almost to Lincoln Homes. All because New Providence BLVD is backed up all the way to Peachers mill.

This leads to frustrated drivers trailing through the intersections whom with the cameras the city will likely be able to profit from.  Do you really think they will have any incentive to fix the clear problems with our roads when it’s generating a profit for them? Nope and their contract will likely prohibit road improvements if it impacts camera profits. A common feature in contracts of this nature, unless of course the city agrees to pay the for-profit camera vendor to make up the difference.

The Redflex web site proclaims nearly 1,000 people are killed by red-light runners in the United States every year. However in 2003 there were 196 million drivers and 231 million motor vehicles.  This means that you are more in danger of being struck by lightning than being injured or killed by a red-light runner in our city. Now I wouldn’t begin to offer odds anywhere else in Clarksville for that I think you are at a much higher risk, and these cameras won’t help you with that at all.

During the last year in the entire city of Clarksville there were 1,470 accidents at intersections throughout the city, there were an additional 1,274 citations issued for either running a red light or stop sign. There are over 85 intersections in Clarksville which have traffic signals.  The entire city averages averages approximately 4 accidents at intersections per day. At Riverside Drive alone, during the last year over 39 million vehicles passed through that intersection. - Clarksville, TN considering red light cameras: Things the voters should consider

Does Clarksville’s accident level seem high enough to justify traffic enforcement cameras when they are proven to increase the likelihood of you or a loved one getting injured or killed when you get rear ended at one of these for-profit camera intersections?  If the city wants to make our intersections safer they would try engineering, before resorting to enforcement. Of course doing things like that wouldn’t put more of your money in our city officials hands. Contact your city council member and let them know that you strongly oppose their dangerous revenue generating scheme!

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.”

Mayor Johnny Piper announced today, that Clarksville Gas & Water’s Downtown service center at City Hall, would be closing on March 14th as part of a reorganization of the cities’ revenue generating departments. Once freed up, that space will be used to expand the existing finance department payment center, and to house the city court clerks. All of the clerks would be cross trained for both jobs, and be able to handle tasks for either department.

This according to Chief Ansley would “free up much needed space” occupied by the City Court Clerks at the police station  for use by the police department. Mayor Piper said that this is intended to help make the concerned departments “Be more effective and efficient.” He added that it would not affect the services provided to citizens at city hall, as they will still be able to pay their gas and water bills at city hall in the U. S. Bank, across from the current location.

The downtown service center was opened on October 22nd 2001, and only approximately 5% of the total gas and water department business was done at the downtown service center.

During the same press conference Mayor Piper also announced the city would also be hiring three temporary employees to help process the backlog of parking tickets and city court fines.

Watch the press conference

Click here to view the embedded video.