February 21, 2008

Contact:  Darlene Schlicher (615) 741-6336 or email:  darlene.schlicher@legislature.state.tn.us

Judiciary Committee approves bills to strengthen Tennessee’s DUI Laws 

(NASHVILLE, TN), February 21, 2008 –  The Senate Judiciary Committee approved four bills this week aimed at strengthening Tennessee’s drunk driving laws, including one measure increasing penalties for the worst repeat offenders.   The bills offer four of many different approaches before state lawmakers this year to address the number of fatalities in Tennessee due to DUI-related car crashes. 

There were 1,287 fatalities on Tennessee roads at last report in 2006, 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.  One of the bills, SB 2973, sponsored by Senator Mark Norris (R-Collierville) and approved by the Committee, would increase the punishment for vehicular assault and vehicular homicide if a child is injured or killed as a result of a DUI. 

The bill addressing the worst repeat offenders, SB 3041 sponsored by Judiciary Chairman Mae Beavers (R-Mt. Juliet), creates a Class D felony offense for the fifth or subsequent DUI conviction.  The offense carries a fine of $5,000 to $15,000 and minimum 360 days to 12 years in jail.  Currently, it is a Class E felony, carrying a $3,000 to $15,000 fine and a 150-day minimum jail term.

Beavers also gained approval of the Judiciary Committee for SB 3042 to ban open containers of alcohol in a vehicle.  She said the bill would close a gaping loophole in Tennessee law that allows a drinking driver to “pass the bottle” to a passenger to avoid prosecution when pulled over by law enforcement officers.  The measure would not apply to vehicles whose passengers are out of the reach of the seated driver. 

Approval of the bill would bring Tennessee into compliance with National Highway Traffic Safety Administration rules that a state’s open container law must prohibit the possession of any open alcoholic beverage container and the consumption of any alcoholic beverage in the passenger area of any motor vehicle that is located on a public highway or right-of-way.  States must conform to the “Federal Standard” passed in the TEA-21 Restoration Act to avoid transfer of Federal-aid highway construction funds, causing Tennessee to lose tens of millions of dollars for non-compliance.      

            “The law presently on the books is merely an invitation for someone to drink and drive as long as there’s a passenger they can ‘pass the bottle’ to when pulled over by law enforcement,” said Chairman Beavers.  “It’s unsafe for Tennesseans to be on the roads with people who are drinking and driving.”

The last DUI bill approved by the Committee would eliminate the two-hour period in which a blood alcohol test must be administered to be used as evidence in court.  Current law mandates that the blood alcohol content (BAC) test must be administered to the person within two hours following their arrest or initial detention.  Some remote areas of the state have difficulty in securing the medical professionals needed to draw the blood for the test.  This bill removes that requirement and leaves such decision about admissibility after a longer period of time in the hands of the court.  The bill, SB 2623, is sponsored by Senator Diane Black (R-Gallatin).

The Committee will continue debating legislation regarding reform of Tennessee’s drunk driving laws over the next few weeks.  This includes proposals to automatically revoke the license of a drunk driver upon arrest and a bill to prohibit district attorneys from plea bargaining drunk driving charges to a lesser offense.  With limited budget funds available, the State Senators will be challenged to find the most effective use of resources to make the greatest impact on reducing the number of drunk drivers on Tennessee roads.

Bill would move state’s spring sales tax holiday to April 25 - 27

The Senate Finance Committee approved legislation this week, sponsored by Senator Tim Burchett (R-Knoxville), to move the state’s spring sales tax holiday to the last weekend in April so that it will not interfere with businesses that close for Easter.  The holiday, which was designed to provide relief to taxpayers by instituting a temporary sales tax exemption on certain items, was scheduled by law for the weekend of March 21 – 23.  The dates coincide with both Good Friday and Easter this year.

Senate Republicans were instrumental in the passage of several tax reform initiatives during the past legislative session.  This includes the August and spring sales tax holidays, a half cent reduction on the sales tax on food, and implementation of property tax relief for senior citizens and disabled veterans.

“We certainly want to allow for as many citizens as possible to take advantage of the sales tax holiday in Tennessee,” said Sen. Burchett.  “Many businesses close for Easter and would not be participating in the sales tax holiday under the current law.  This bill simply moves the date so that more citizens and businesses can participate.”

The bill, SB 2730, would start the holiday at 12:01 on Friday, April 25 and would end at 11:59 on Sunday, April 27.  During this designated three-day weekend, consumers may purchase selected clothing, school supplies and computers without paying Tennessee’s state and local sales tax on the items. This holiday also includes purchases of qualified items sold via mail, telephone, e-mail, or Internet if the customer orders and pays for the item and the retailer accepts the order during the exemption period for immediate shipment, even if delivery is made after the exemption period.

Legislation protects “English-in-the Workplace” /
Senate Commerce Committee approves bills cracking down on use of false identification for illegal aliens

The Senate Commerce Committee approved legislation sponsored by Senator Jack Johnson (R-Franklin) this week clarifying that Tennessee employers have a right to institute an English-in-the-workplace policy.  The bill makes it clear that an English-in-the-workplace policy is not considered discrimination on the basis of national origin while the employee is engaged in work.

“This is simply a common sense bill which says that it is not discrimination under state law to require English in the workplace,” said Johnson.  “There are many occupations, whether it is an operating room or a factory, where there could be a real safety concern if there are court rulings that other languages are the ‘civil rights’ of workers while on the job.”

Protection of employer rights in instituting English-in-the-workplace policies has increased both in the states and on the national scene since the United States Equal Employment Opportunity Commission (EEOC) began prosecuting employers who required that English be spoken while conducting business.  One notable case involved a Salvation Army thrift store in Framingham, Massachusetts where two employees refused to learn English and were subsequently fired after being given a year’s notice to learn the language. 

            Under the bill, SB 2849, a person would not be considered to be engaged in work during any meal period, a rest period, or any other break.  The bill only applies during the period in which the person is required to perform official duties associated with their employment.   

“Employers should have the right to require that employees speak English while on the job,” Johnson added.  “I am pleased the Senate Commerce Committee has voted to protect an employers' right to have an English-in-the-workplace policy, and I look forward to seeing the full Senate follow suit."

Johnson also won approval of Senate Commerce Committee members for two bills cracking down on illegal aliens in the workplace.  The bills, SB 3488  and SB 3600, would make it a Class B misdemeanor offense to create or use fake identification for the purpose of obtaining or maintaining employment.  The legislation would make the production or use of each false identification document a separate offense under Tennessee law if it is determined that any person in connection with the violation is not legally present in the United States, and requires the court to notify the U.S. Department of Homeland Security.

“We must begin a comprehensive approach to attack illegal immigration in Tennessee,” said Senator Johnson.  “This bill addresses a growing problem we have seen in our state with the production of fake identification for illegal aliens in the workplace.”

Comptroller’s Report on Public Charter Schools shines light on need for legislative change

The Comptroller’s Office of Education Accountability released a report to the Senate Education Committee this week that looked at student achievement and teaching methods in Tennessee’s public charter schools, and made several recommendations for legislative change.  Tennessee has the most restrictive public charter school law in the nation in terms of student eligibility, allowing only children who are failing, or are enrolled in failing schools, to participate.

The report, titled “Tennessee’s Charter Schools: Issues of Innovation and Sustainability,” found student eligibility restrictions and limited facilities funding may compromise the long-term viability of individual charter schools and recommended changes.  The report also found that neither the Tennessee Department of Education nor local school districts have established methods to share charter schools’ best practices with traditional public schools. 

Dr. Steven Ross at the Center for Research in Education Policy at the University of Memphis told state senators that when we have very restrictive laws, public charter schools cannot be the laboratories of learning that they are supposed to be.  The concept of allowing schools the ability to use innovative teaching methods was one of the driving forces for adoption of Tennessee’s charter school law.

“This report shines a light on our state’s charter school laws,” said Senator Jim Tracy (R-Shelbyville).  “These schools were meant to be laboratories of learning for what does and does not work in our public schools.”

To compare student achievement in Tennessee’s charter and traditional public schools, the Office of Education Accountability contracted with the Center for Research in Educational Policy (CREP) at the University of Memphis. CREP found evidence that some charter schools are helping students succeed academically.  The report compares charter schools and traditional public schools, with test scores showing students in charters either compare to or exceed those in the traditional setting.

The report recommends that the General Assembly consider making eligibility for charter school enrollment less restrictive and consider more precisely defining state and local charter school facilities funding responsibilities. It recommends that the state should also identify charter schools’ best practices and implement a system for disseminating that information to traditional schools.

Lottery Subcommittee begins work in setting priorities to expand lottery scholarship opportunities

A Special Senate Education Study Committee looking at recurring lottery scholarship funds began its work this week as the panel approved a number of initiatives to expand HOPE scholarship opportunities for students.  The committee is one of two appointed by Education Committee Chairman Jamie Woodson (R-Knoxville) looking at various proposals regarding lottery scholarship funds.  The other subcommittee is reviewing proposals regarding the $410 million which the committee has set as the money that should be available in the lottery excess fund.  The amount available in the recurring lottery scholarship fund has been set at $22 million annually.

Woodson asked the subcommittees to set priorities and bring back a well thought out proposal to the full Senate Education Committee for their approval.  The Recurring Fund Subcommittee deferred until next week the proposal to lower the grade point average (GPA) standards from 3.0 to 2.75 to retain the HOPE Scholarship program after it was discovered that it may cost more than twice the original estimate to change the standard.  Originally, the change in the standard was expected to cost $5.3 million under the governor’s budget proposal, but a fiscal note reveals that lowering it to 2.75 may cost $17 million going forward in the next fiscal year.  That move would take up the majority of the $22 million set aside to expand scholarship opportunities.

Another proposal deferred until next week would expand scholarships to non-traditional students.  Tennessee currently ranks 43rd in educational attainment as determined by the percentage of adults age 25 and older with at least a bachelor’s degree. To reach the national average in educational attainment, Tennessee would need to graduate roughly 180,000 additional students. Reaching these “non-traditional” students will enable Tennessee to supply a workforce capable of attracting business and enhance economic development. 

Issues in Brief

Toll roads / American-owned -- If Tennessee approves the use of toll roads in the state, they would have to be “American-owned” under legislation sponsored by Senator Tim Burchett (R-Knoxville) and approved by the Senate Transportation Committee this week.  Burchett said the measure, SB 2724, would emulate Federal Communications Commission (FCC) rules that require radio stations to be American-owned to prevent foreign interference in cases of national emergency.  The bill requires that any contract, understanding, or agreement entered into for the operation of a tollway or toll facility be made with a U.S. citizen or with a business entity in which more than 50 percent of the equity is owned by U.S. citizens. 

Hunting and fishing rights -- The State Senate approved on final consideration  House Joint Resolution 108 this week to amend the Tennessee Constitution by protecting the right to hunt and fish.  The measure would be voted on in the same manner as the "Victim's Rights Amendment" in 1998, the “State Lottery Scholarship Amendment” of 2002, or the recent amendment to give property tax relief to the elderly.  If approved by the legislature this year and by a two-thirds majority in the next General Assembly in 2009, citizens could expect to see the resolution on the ballot in November.

Budget hearings – Senate Committees continue to conduct budget hearings for all state departments and agencies.  The hearings are part of the process of reviewing how state dollars are spent in various areas of state government and examining recommendations for improvements sent to the legislature by the governor.  They will continue through the next month until all agencies and departments have been reviewed.

Volunteer firemen – The Senate Commerce Committee approved legislation, SB 4130 sponsored by Commerce Committee Chairman Steve Southerland (R-Morristown), authorizing active volunteer firefighters, with the authorization of their employer, to leave work to respond to calls without loss of pay, vacation time, sick leave, or earned overtime accumulation.  If approved by the employee's appointing authority, this bill would also authorize the employee to take off the work day following a response to a fire call as a vacation or sick leave day without loss of pay provided the employee worked all day or night fighting the fire.

Bioenergy Program – The Senate Finance Committee heard testimony from the Office of Bioenergy Programs at the University of Tennessee.  Last year the General Assembly provided funding for the program which is developing a new cellulosic biofuel industry in Tennessee.  UT has done research and preparatory work during the first eight weeks and is now working with East Tennessee farmers to roll out the first contracts for switchgrass production as an energy crop. The first group of farmers selected to participate in the Switchgrass Farmer Incentive Program were notified last week for spring 2008 planting. This initial round of contracts covering 725 acres is the first phase in building a supply chain designed to achieve annual production of 64,000 tons on 8,000 acres by 2012.

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