February 29, 2008

Senate Passes Tougher Penalties for DUI 

The Senate unanimously approved a bill Thursday to increase the punishment for vehicular assault and vehicular homicide if a child is injured or killed as a result of a DUI.   This legislation corrects an inequity in the law that results in a lesser punishment for a drunken driver when a child under 18 is injured or killed in his vehicle than when an adult in that same vehicle is injured or killed.   

Presently, if a driver commits a DUI offense with a minor in the vehicle and the child suffers serious injury the driver is charged with a Class D felony punishable by 2 to 12 years in prison.  If the child is killed, the charge is a Class C felony punishable by 3 to 15 years. 

The bill, SB 2973, sponsored by Senator Mark Norris (R-Collierville) and approved by the Senate, would change the law two ways:  If the child dies, the driver would be charged with a Class B felony, punishable by 8 to 30 years in prison, and could be banned from driving for up to 10 years. 

If the minor suffers serious injury as result of the DUI violation, the offense would remain a Class D felony, punishable by 2 to 12 years in prison, and could be banned from driving for up to 5 years. 

This bill cures an inequity in the law between children and adults injured or killed as a result of riding with an intoxicated driver. 

Legislation to Aid the Disabled before the Senate 

A bill sponsored by Senator Mark Norris, which will provide property tax relief to the totally and permanently disabled, unanimously passed the Senate on Thursday morning.  The bill increases the maximum allowable income for disabled homeowners to qualify for the state’s property tax relief program from $20,000 income per year to $24,000 per year. 

Senator Norris met with Terrence Green of the Mid-South Paralyzed Veterans of America on Wednesday to discuss legislation to assist disabled drivers.  Mr. Guess explained that disabled drivers often find the access to their vehicles blocked by thoughtless drivers with no handicap.  This leaves the driver in a wheelchair unable to board their vehicle or to leave the vehicle.   

Two bills will be heard next week in the Senate Transportation Committee to address this issue.  One bill requires that handicapped parking spaces reserved for vans, must have an accessible aisle on the passenger-side of the space to allow disabled drivers entry to and from their vehicles.   

The other bill raises the fine for unauthorized parking in a space reserved for disabled persons. 

Senate Commerce Committee debates consumer protection legislation 

The Senate Commerce Committee debated legislation this week sponsored by Senator Tim Burchett (R-Knoxville) aimed at reducing auto theft in Tennessee.  The bill would require scrap metal processors who purchase vehicles with the intention of dismantling or salvaging them to provide proof of ownership.   

“Right now, thieves can steal a car, strip the motor and transmission out, sell the wheel and tires, and then take it to a scrap metal dealer and get several hundred dollars for the automobile’s body,” said Sen. Burchett.  “Present law makes it far too easy to fence stolen cars.  This legislation requires those who scrap cars to get identification and a title from the seller, and to keep a record of the transaction for later review.” 

Under the bill as amended by the Committee, any scrap metal dealer purchasing a motor vehicle less than five years old must be given a title by the seller.  Any vehicle bought over five years old 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.  The title must be accompanied by a photo copy of the seller’s driver’s license.  It also requires records on those transactions be kept for five years, including the name and address of the buyer and 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.   

If the seller does not have the identification prescribed in the bill, the sale could not be completed.  Those found guilty of violation of the proposed law would be subject to a class A misdemeanor. Any vehicle used to transport a vehicle sold in violation of the act could also be subject to confiscation under the legislation.    

Burchett said the records allow for inspection by law enforcement in cases of suspected auto theft.  “It will serve as a deterrent when thieves realize that they cannot steal and strip a car, and then sell the body to be crushed before law enforcement can trace their steps,” Burchett concluded. 

 Debate on the bill will continue in the committee next week. 

Long Term Care bills highlighted 

State Republican lawmakers held a press conference Wednesday to promote several key long term health care proposals pending before the legislature this year.  The bills highlighted by the lawmakers included a proposal aimed at helping elderly and disabled Tennesseans receive more home- and community-based health care options and a proposal encouraging long term care planning.  The bills are among a series of measures introduced this year intending to help citizens “age in place.”  

The long term care planning bill encourages Tennesseans to take control of their future health care needs 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 do have monetary value, but also have sentimental value.   This bill would allow those types of assets to be retained, rewarding the participants and allowing them more freedom.   

“This bill is a win-win for both families and the state,” said Senator Bill Ketron (R-Murfreesboro), sponsor of the bill.  “It encourages Tennesseans to prepare financially for their long term care down the road.  At the same time, it allows families to pass precious assets, like their homes or farms, on to the next generation.” 

Similarly, the Senate is considering legislation sponsored by Republican Leader Mark Norris (R-Collierville) that provides 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 final bill highlighted calls for a “self-directed care program” where individual patients get the opportunity to choose from a menu of services and providers.  Consumers would receive a monthly budget based on their needs, and could use this money to hire personal assistant services, make home modifications, and more.  

 “We must look at all of our laws to help give citizens more options regarding their health care so that they can age in place in their homes with dignity,” said General Welfare Committee Chairman Rusty Crowe (R-Johnson City).  “This is one of several bills we hope to pass this year aimed at providing more choices and options to elderly and disabled Tennesseans to help them stay in their homes as long as they can.” 

“Tennessee has been last in the nation for too long in the number of healthcare choices for elderly and disabled citizens on Medicaid-supported services, a problem that has kept them from being able to stay in their homes and age with dignity,” said Senator Diane Black, sponsor of the self-directed care bill. “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.”

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 get home- and community-based care services.  

Hidden Treasures on display at the State Museum during March

A special exhibition showcasing Tennessee’s unique art and cultural treasures will be held at the Tennessee State Museum this spring. A joint project with the Tennessee General Assembly Arts Caucus, Tennessee Arts Commission, and Tennesseans for the Arts, Treasures from the Vault: Tennessee Artifacts — Legislator’s Choice, opens on March 4 in the changing galleries at the State Museum.  

The exhibit's eclectic group of treasures offers an intriguing portrait of Tennessee's diverse heritage. It contains artifacts from East, West, and Middle Tennessee. Communities, large and small, rural and urban, are represented.            

Senator Mark Norris is one of the featured guest curators of this exhibit. He selected a sculpture of a Deputy U.S. Marshal made by Dave Kulczyk in 1989, titled “On the Long Trail to Justice.”  

Senator Norris explained that he chose this artifact because “This work of art speaks to all who serve; those who make the laws as well as those who enforce the law. “On the Long Trail to Justice” is a metaphor for the dogged determination it takes to do justice and leave things better than we find them along life's way.”  

“It has been an exciting and educational process for the members of the Arts Caucus to work with the Tennessee State Museum and choose artifacts for this exhibit,” Arts Caucus chairman Representative Doug Overbey (R-Maryville) noted. “By involving members of the General Assembly in the planning of the exhibit, the State Museum allowed us a unique opportunity to learn firsthand about the incredible collection that is housed at the Museum. It also was a great honor to select what would be on display from our home districts. The exhibit will provide an opportunity for Tennesseans who visit the Museum this spring to see important pieces normally not on public display, and the selections made by the individual Arts Caucus members will provide insight into our varied interests.”

Objects included in the Treasures from the Vault exhibition represent the museum’s diverse collection of antiquities, art, textiles, important military objects and other genres.

“The word “Treasures” is particularly meaningful to the staff here at the State Museum,” Lois Riggins-Ezzell, Executive Director of the Tennessee State Museum said.     “We consider ourselves the caretakers of Tennessee’s finest collections of art, furniture, artifacts, crafts, military objects, textiles; flags . . . the list goes on.  

Unfortunately, due to extremely limited space, we are not able to display more than five percent of our collection at any given time. Thousands of artifacts are tucked away in storage, buried in our vaults. From time to time, we are able to bring these items out of storage and present them to the public. Our forthcoming exhibition has given us a fresh opportunity to do just this.” 

Treasures from the Vault: Tennessee Artifacts — Legislator’s Choice opens at the State Museum on March 4 and continues through March 31, 2008.  

About the Tennessee General Assembly Arts Caucus:

Since 2005, the state senators and representatives in the Tennessee General Assembly Arts Caucus have joined together to support arts and culture in the state. For more information please visit: www.tn4arts.org/ad_caucust.htm  

About the Tennessee State Museum:

The Tennessee State Museum currently occupies three floors in the James K. Polk Building, located at Fifth and Deaderick Streets in downtown Nashville. The permanent interpretive exhibits begin 15,000 years ago with prehistoric humans and continue through the early 1900s with special sections on American Indians, explorers, pioneers, the Antebellum age, the Civil War, and the beginning of a new century. These exhibits include artifacts from across the state. The museum is open 10 a.m. to 5 p.m., Tuesday through Saturday and 1 p.m. to 5 p.m. on Sunday. The museum, which is closed on Mondays, is free to the public. For more information please visit: www.tnmuseum.org or call (615) 741-2692 or  1-800-407-4324.  

SJR 127 giving citizens a say in commonsense protections for abortions rejected in House Subcommittee 

The House Public Health Subcommittee rejected legislation overwhelmingly approved by the State Senate earlier this year that would have given Tennesseans the opportunity to restore their voice in determining what state law should be regarding commonsense protections for abortions.  The resolution failed by a vote of 6 to 3, despite strong support among members of both the House and Senate.   

The measure has repeatedly failed in the Democrat-controlled House subcommittee where rules allow for legislation to be killed there by a handful of legislators.  Senate rules provide that subcommittees may only make recommendations to the full committee regarding passage of a bill, but legislation cannot be rejected there. 

“It is a shame that six of the legislature’s 132 members can control this bill and keep it off the ballot for the people to make their voice heard on this issue,” said Senator Diane Black (R-Gallatin) who is sponsoring the bill with Representative Dolores Gresham (R-Somerville) in the House of Representatives.  “Every bill deserves a fair hearing in more than a subcommittee when you have the support needed for passage by the full body.  It shows a real flaw in the system.”   

 The resolution addresses an activist State Supreme Court decision in 2000 that struck down provisions in Tennessee law allowing women to receive “informed consent” information about the surgery and to wait 48 hours before they receive an abortion. The court also ruled against a state requirement that all abortions after the first trimester be performed in a hospital. That ruling made Tennessee more liberal than the courts required in “Roe v. Wade” and made the right to abortion a “fundamental right” in Tennessee. 

Rejection by the House Subcommittee means the next opportunity for the measure to be placed on the ballot would be the year 2014.  

Senate votes to change spring sales tax holiday to April 25 - 27 

The full Senate gave final approval to legislation 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.  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.  

“I am pleased the Senate has approved this legislation,” said Senator Tim Burchett (R-Knoxville), sponsor of the bill.  It allows more citizens to take advantage of the sales tax holiday in Tennessee since many businesses close for Easter.”   

Issues in Brief 

Hargett confirmed as TRA Director  – The full Senate voted 30 to 0 this week to confirm Former House Republican Leader Tre Hargett as Director of the Tennessee Regulatory Authority.  Lt. Governor Ron Ramsey (R-Blountville) nominated Hargett to serve on the body, which sets the rates and service standards of privately owned telephone, natural gas, electric, and water utilities.  The Senate also confirmed Eddie Roberson, Mary Freeman and Sara Kyle. 

DUI / BAC Test  -- State Senators have approved legislation that would eliminate the two-hour period in which a blood alcohol test must be administered to be used as evidence in court.  The bill, sponsored by Senator Diane Black (R-Gallatin), would change current law which mandates that the blood alcohol content (BAC) test must be administered to a 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 decisions about admissibility after a longer period of time in the hands of the court.   

Highway Safety – It would be illegal to park cars on highway ramps under legislation approved 24 to 0 by the State Senate this week, sponsored by Senator Diane Black (R-Gallatin).   This legislation extends to the ramps, the same safety protections that already apply to the interstate highways.  Currently, stopping is only permitted on interstate highways for emergencies, parking, or compliance with mandated rest time for truckers.  

Illegal Immigration / Terrorism  -- The full Senate has approved two bills sponsored by Senator Jack Johnson (R-Franklin) that  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.  It also 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.” 

Hunting and fishing rights -- The State Senate heard on final reading a resolution on Thursday 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.  

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 full Senate.  The measure 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.  All members of the State Senate were added as sponsors of the bill.   

Animal Abuse Registry -- An Animal Abuse Registry would be set up under legislation approved by the full Senate this week.  The bill creates an Internet registry, like the Sexual Offender Registry, that would identify people convicted in Tennessee of aggravated cruelty to animals.  Under the bill, the county court clerks would send information to the Tennessee Bureau of Investigation who would post it on the website. 

Underage drinking – Two bills passed this week dealing with the issue of underage drinking.  The first bill, sponsored by Senator Tim Burchett, and approved by the full Senate, would require birth dates to be printed in red and in larger print to make them more visible to clerks or servers who must check the information before selling or serving alcoholic beverages.  The second bill, which was approved by the Senate State and Local Government Committee, would extend indefinitely the state’s beer carding requirement.  That law requires clerks to look at picture identification for those buying beer in stores. 

Election of Lt. Gov. and Secretary of State -- The full Senate heard on first reading Thursday a resolution to elect 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. 

Special license plates – State Senators voted on two special license plates bills this week that would aid those with special medical conditions.  One bill, which was approved by the full Senate, creates a new specialty earmarked license plate for autism awareness.  The legislation, which is sponsored by Senator Jamie Woodson (R-Knoxville) would send proceeds raised by the plate to the Department of Mental Health and Developmental Disabilities for distribution to non-profit organizations that serve citizens with autism.   The second bill, which was sponsored by Senator Bo Watson (R-Hixson) authorizes issuance of a specialty license plate for those with Mitrochondrial Disorder and allocates proceeds to help efforts to fight the genetic disorder.  Mitochondrial Disease is a disorder involving the neuromuscular system with a complex array of symptoms ranging from mild to life-threatening. 

Safety / Explosives -- The full Senate approved legislation that revises blasting requirements for operations within certain distances of pipelines carrying liquid petroleum.  The bill, sponsored by Senator Tim Burchett (R-Knoxville), would reduce the blast size to keep liquid petroleum from blowing up.

TBI – Director of the Tennessee Bureau of Investigation Mark Gwyn, who appeared before the Senate Judiciary Committee this week, told lawmakers he expects the next drug epidemic in the state will be illegal use of pharmaceutical drugs.  Gwyn said TBI agents are already seeing a proliferation of teen parties where pharmaceutical drugs are a pre-condition for entry into the event.  Gwyn said the other growing crime in Tennessee is “cyber crime.”

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