Tennessee Senate Republican Caucus

(NASHVILLE, TN), March 13, 2008– Tennessee may soon require convicted sex offenders to provide email addresses and screen names to the Tennessee Bureau of Investigation (TBI), under legislation sponsored by Senator Jamie Woodson (R-Knoxville) and approved by the Senate Judiciary Committee this week. Woodson said the bill would crack down on convicted sex offenders and better protect children online.

“These predators know where children are,” said Woodson. “This bill will serve as an effective tool for law enforcement to strengthen Tennessee’s child protection laws.”

According to the Crimes Against Children Research Center, one of five U.S. teenagers who regularly log on to the Internet say they have received an unwanted sexual solicitation via the web. However, only 25 percent of the children who encountered the approach told a parent or adult.

The legislation, SB 2594, would require that convicted sex offenders provide email addresses, chat names, instant message screen names, and any other online electronic communications information to the TBI as part of their routine and annual information collection requirements. The TBI would be authorized to transmit that information electronically to companies that provide pre-screening services. In order to obtain information from the TBI, this bill requires the requesting business or organization to agree to notify them when a comparison indicates that a registered offender's email address, instant message, chat, or other Internet communication name or identity is being used on their system. Finally, the bill would also provide stiff penalties and/or incarceration for the falsification or omission in providing this information to the TBI.

Woodson said other studies show teens are willing to meet with strangers, with 16 percent of them considering meeting someone they have talked to online. Eight percent have actually met someone they only knew online.

Recently, a Tennessee convicted sex offender’s vehicle was stopped during a routine search in Nashville and was found with five male children, ranging in age from 12-13 years-old. The sex offender met one of the boys on MySpace, a popular social networking site. The five juveniles were in the vehicle with the offender for three hours, and officers discovered that none of them had any relation to the defendant, police records indicate. Earlier this year, MySpace announced a national partnership with 49 states to implement greater security measures for sites available to teens online.

“If a child or teen has a computer in their room and they utilize popular network services, it gives these sexual predators the opportunity to visit with them alone through this technology,” Woodson added. “Hopefully, this bill will deter convicted sex offenders from using communication technologies to contact children via the Web. I am pleased the Senate Judiciary Committee has approved it.”

There are 600,000 registered sex offenders in the U.S. An estimated 150,000 of these offenders have been “lost” in the system.

Action to strengthen Tennessee’s sexual offender laws build on legislation passed last year including:

The Tennessee Jessica Lunsford Act which implemented the 25-year minimum mandatory sentence for sex offenders and global positioning system (GPS) monitoring for those under community supervision
A measure to create a class of “child sexual predators,” who upon a second or subsequent conviction would be required to serve 100 percent of their sentence

A new law to add rape of a child and aggravated rape of a child to felony murder offenses
Legislation to extend the group of people required to give DNA samples to those convicted of a misdemeanor sexual offense
A measure requiring sex offenders to report a change in employment status
A new law ensuring that sex offenders who enter a plea of “nolo contenderes” or who are found guilty by a jury or court in any other state or country register with the Tennessee Sex Offender Registry

Several other Republican bills cracking down on sex offenders introduced last year were deferred until this legislative session. These include a bill to add the victim’s age to the Sex Offense Registry, a measure to identify sex offenders on their driver’s license, legislation to prevent offenders from texting or contacting their victim through electronic communications, and a bill increasing penalties for rape by an authority figure.

The Senate has approved legislation sponsored by Senator Dewayne Bunch (R-Cleveland) that would ensure laptop computers containing confidential information about citizens are secure and not at risk for unauthorized use or theft. The bill, SB3671, requires state and local governments to create safeguards and procedures for ensuring that confidential information regarding citizens is securely protected on all laptop computers or any other removable storage devices.

“This bill simply requires state and local governments to have a plan in place to protect the confidential information of our citizens,” said Senator Bunch. “Identity theft is one of the fastest growing crimes. If confidential information is stored by government on a personal computer, extra precautions should be taken to protect that information.”

The bill creates a cause of action or claim for damages for citizens against the state for failure to comply with the act. This would allow citizens to recover damages if they can prove their identity was stolen due to the failure of government to provide the safeguards and procedures.

“Government has to collect personal information. At the same time, they have a duty to make sure it is adequately protected,” Bunch concluded.

Legislation allowing for automatic revocation of license of drunk drivers approved by Senate Judiciary Committee

The Senate Judiciary Committee approved a second bill, sponsored by Senator Randy McNally (R-Oak Ridge) that would allow law enforcement officers to immediately confiscate the licenses of drunk drivers upon arrest. Called automatic license revocation, or ALR, this program would be the administrative process by which the Department of Safety suspends the driver’s licenses of individuals who are arrested for the offense of driving under the influence of alcohol or drugs.

The bill would allow for law enforcement to suspend the license of a person if the offender’s blood alcohol concentration (BAC) is greater than that which is allowed by law. The bill would also apply to those who refuse to take the BAC test. In addition, the legislation would allow for a temporary permit for 30 days until a hearing is conducted to see if the license should be revoked.

“Safety experts say that ALR is proven to be the most effective tool in getting drunk drivers off our roads,” said Senator McNally. “This bill will go a long way to helping curb the number of drunk driving-related car crashes on our highways.”

Both ALR bills have been moved to the Senate Finance Committee. The governor has included money in the budget to move the initiative forward.

Bill strengthening law against hiring illegals advances in Senate Commerce Committee

Legislation that aims to strengthen Tennessee’s new law against the hiring of illegal aliens has advanced in the Senate State and Local Government Committee. The bill, sponsored by Senator Bill Ketron (R-Murfreesboro), is one of a series of proposals being considered by the State Senate this year that would address illegal immigration reform.

Currently, only state or local government agencies can file complaints against companies who knowingly hire illegals with the Department of Labor. The bill, SB 3647, approved by the committee deletes this requirement and instead allows any person who has reason to believe that an employer has knowingly employed an illegal alien to file a complaint. It also requires that the complaint be in writing and under oath, and imposes a penalty for intentionally falsifying information.

The new law, which went into effect on January 1, allows the state’s Department of Labor and Workforce Development to take away an employer’s business license for up to one year if the employer is found to knowingly employ an illegal immigrant. The complaints filed with the Department of Labor are followed with an investigation. If probable cause is found, a hearing is held. If the employer is found to have employed an illegal immigrant, their business license can then be revoked, suspended or denied.

“This bill strengthens our current efforts to crack down on the hiring of illegal aliens in the workplace in Tennessee,” said Senator Ketron.

The full Senate gave final approval this week to legislation sponsored by Senator Jack Johnson (R-Franklin) clarifying that Tennessee employers have a right to institute an English-in-the-workplace policy. The bill, which was passed by a vote of 30 to 0, 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. “Employers should have the right to require that employees speak English while on the job. There are many occupations, whether it is in an operating room or a factory, where there could be real safety concerns if there are court rulings holding 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, rest period, or any other break. The bill is permissive and only applies during the period in which the person is required to perform official duties associated with their employment.

Bill aims to protect rights of songwriters and preserve college networks from abuse

The Education Committee considered legislation this week that would bolster the efforts of state universities to reduce the illegal trafficking of music and other copyrighted works on school computer networks. The legislation, SB 3974, is sponsored by Senator Tim Burchett (R-Knoxville) who amended the bill this week after meeting with representatives of higher education and the music industry.

“Nashville is the cradle of the music community and, as such, our schools should be leading the way in any and all efforts to protect the rights of songwriters, artists, and others in the industry,” said Senator Burchett. “University resources should not be used and abused as gateways for theft. This amended version is not as strong a bill as I would have preferred, but it does make great strides in getting our universities to deal with the problem of illegal downloading on their campuses.”

The legislation would require all private and public universities to adopt a policy for prohibiting students from illegal downloading and educating them about copywright infringement. It also requires any university receiving more than 50 legal notices from the copyright owner to report to its governing body what it is doing to correct the problem on its campus.

“We have a moral obligation to do what we can to try and help the music industry which continues to mean so much to this state,” Burchett added. “This bill is a good first step.”

It is estimated that 20 billion copyrights were obtained through illegal downloading in calendar year 2007, contributing to the loss of two-thirds of all fulltime professional songwriters over the past decade. The Committee approved the amendment and deferred action on the bill until next week.

Sales Tax Holiday bill becomes law -- The governor signed into law legislation sponsored by Senator Tim Burchett (R-Knoxville) this week 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. Those 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, including the August and spring sales tax holidays.

Auto theft -- The full Senate approved legislation sponsored by Senator Tim Burchett (R-Knoxville) to reduce auto theft in Tennessee. The bill, SB 2858, would require scrap metal processors who purchase vehicles with the intention of dismantling or salvaging them to provide proof of ownership. Any vehicle purchased that is over ten years old and which does not contain the motor or is inoperable, would not require a title but must have a written statement signed by the seller or their agent stating they have a lawful right to sell and dispose of the vehicle. It also requires records on those transactions be kept for five years, including the name and address of the buyer, the amount they paid for the vehicle, date of sale, description of the auto, VIN number, and the license plate number of any vehicle transporting the automobile.

Charter Schools – Legislation extending the life of charter schools in Tennessee was heard in the Senate Education Committee. The bill, sponsored by Senate Education Chairman Jamie Woodson (R-Knoxville) would also make a very conservative expansion of student eligibility to public charter schools to fill any empty slots with students who are classified “at risk.” Tennessee has the most restrictive public charter school law in the nation. Currently, a student must be from a "failing" school or the student must be a "failing" student. Tennessee's charter schools passed their first real performance test this year when the State Comptroller's Office of Education Accountability issued its findings to the General Assembly. The study showed a higher percentage of middle and high school students in charter schools scored "proficient" or "advanced" in 35 comparisons with their traditional school counterparts, while the traditional school students scored higher in 18 of the comparisons.

Election of Lt. Gov. and Secretary of State -- The full Senate approved 20 to 10 a resolution calling for the election of Tennessee’s lieutenant governor and secretary of state. The lieutenant governor is currently elected by the State Senate every two years, while the secretary of state is elected by House and Senate members in a joint session every four years. The proposal to change the state constitution would have to pass both chambers this year; and then again by a two-thirds vote in the next General Assembly before it could be voted on by Tennesseans in the 2010 election.

Health Care Tax Credits -- The Senate Finance’s Tax Subcommittee considered but deferred until next week, action on two bills to provide health care tax credits. One bill, SB 3936, sponsored by Republican Leader Mark Norris (R-Collierville) would provide a Hall Income Tax deduction for premiums paid by the taxpayer for long term care insurance. The credit would be in an amount equal to the total amount of premiums paid by the taxpayer. The other bill, SB 2659 , sponsored by Republican Caucus Chairman Diane Black (R-Gallatin) would establish tax credits for small business owners who offer health insurance to their employees and dependents.