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March 10, 2008 Immigration reform bills highlight Capitol Hill Week Legislative efforts by Republicans in the fight for common-sense illegal immigration reform in Tennessee continued this week in the Senate Commerce Committee with the approval of legislation sponsored by Senator Tim Burchett (R-Knoxville) to crack down on those who knowingly hire illegal aliens. The bill requires the Department of Labor and Workforce Development to hire nine new investigators, three in each grand division, to investigate employers that hire illegal aliens. The Committee also debated a bill sponsored by Burchett that would allow employees who are U.S. citizens, who were terminated by employers in order to hire an illegal immigrant, to have a civil cause of action for wrongful termination in court. The legislation applies in situations where an employer knows the new employee is an illegal alien and where there is no other cause for dismissal. “The vast majority of our state’s employers are very careful and obey the law regarding their hiring practices,” said Burchett. “This legislation is aimed at those unscrupulous employers who knowingly hire illegals for the bottom line, and put their own welfare above that of their fellow citizens. In order to truly combat illegal immigration, we must crack down on those who knowingly hire illegals and this legislation begins to give us the resources we need to accomplish this.” This year’s legislative action on illegal immigration will build on a number of important reform bills passed in 2007. These bills include the Memorandum of Understanding law to help state and local police deport illegal aliens, a separate measure to make sure employers get proper identification before hiring, and a new law cracking down on those who transport illegal aliens into the state. The State Senate also passed legislation last session requiring that driver’s license exams be administered in English to make Tennessee’s roads safer and a measure calling for proof of citizenship before registering to vote. Those bills, however, did not get the needed votes for approval in the House of Representatives. “The federal government has failed us on illegal immigration reform,” Burchett added. “These two bills, along with reform measures passed last year and others pending in our General Assembly can at least make a big difference about how we handle illegal immigration within our own state borders.” “We welcome those immigrants who want to assimilate here legally and become U.S. citizens,” said State and Local Government Chairman Bill Ketron (R-Murfreesboro), who sponsored a number of immigration reform laws passed last year. “We are a nation of immigrants. At the same time, we must stop the flow of illegal immigration.” “We cannot ignore the fact that immigration is not just a national problem when so many policy decisions effecting the issue are made at the state level, like proof of citizenship before voting, or proof of legal residency before a driver’s license can be issued, or requirements that only citizens should be able to receive public benefits,” Ketron added. Ketron is also sponsoring a major reform bill currently pending that would stiffen penalties against employers who hire illegals, and would deny state public benefits to illegals except in cases of medical emergencies. The bill is expected to come before the State and Local Government Committee in the coming weeks. Meanwhile, the Senate has already passed legislation sponsored by Senator Jack Johnson (R-Franklin) that would stiffen penalties against those who create or use fake identification for the purpose of obtaining or maintaining employment. This 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. Johnson also has a bill pending on the floor of the Senate on Monday to clarify that Tennessee employers have a right to institute an English-in-the-workplace policy. “The failure by those who do not recognize the connections between the terrorist threat to national security and the growing illegal alien problem is undermining the steps that have been taken toward improving our security,” Johnson said. “These bills combine together to bring about comprehensive reform measures in Tennessee.” Legislation to allow low-emission and energy-efficient vehicles to travel in HOV lanes Legislation that would allow low-emission and energy-efficient vehicles to travel in Tennessee’s HOV lanes, regardless of the number of occupants, was approved this week in the Senate Transportation Committee. The bill is sponsored by Senate Republican Leader Mark Norris (R-Collierville). Requirements for use of HOV lanes are imposed by federal government guidelines. These guidelines have now been changed to allow states to except the use of low-emission and energy-efficient automobiles. Under current law, only those vehicles with more than one occupant can travel in Tennessee’s HOV lanes. Under this bill, owners of vehicles that qualify could apply for an identifying decal from the Department of Revenue that would allow them to travel in the HOV lanes. “This legislation will allow for traffic relief and at the same time encourage environmentally friendly travel,” said Norris. “It will especially help with traffic congestion and safety in our busiest metropolitan areas.” Education Committee adopts motion directing any available funds to priority Higher Education capital improvement projects The Senate Education Committee has unanimously adopted a motion by Sen. Jim Tracy (R-Shelbyville) that would set as a priority of that committee, should state funds become available, seven capital building projects listed by the Tennessee Higher Education Commission as most in need of improvements. The annual cost of the bonds would be $30.5 million. The administration’s budget proposal contained no new capital outlay funds, a problem many lawmakers fear will put pressure on Tennessee’s higher education institutions to keep up with high priority building needs. The seven projects include improvements to the Science Building at Middle Tennessee State University; a new academic and support building at Nashville State; a Technical Education Complex at the Northeast State Technical Community College; and the Nash Building at the Colleges of Dentistry and Medicine, Melrose Hall Academic Facility, Veterinary Medicine Hospital and Strong Hall at the University of Tennessee at Knoxville. “The committee is mindful of the challenges we face in this budget year,” said Senate Education Chairman Jamie Woodson. “This resolution states that if funds are available, that higher education must have a seat at the table to help alleviate the pressures on our colleges, universities and our students.” Some of the projects on THEC’s priority list are needed due to accreditation issues involving buildings at some of the institutions. Testimony before the Education Committee by the heads of Tennessee’s colleges and universities indicated that the current budget scenario would result in a “step backward.” Open Government Subcommittee recommends two bills to full State and Local Government Committee A subcommittee appointed to look at open government bills pending in the State Senate this year has sent two bills to the full State and Local Government Committee with recommendations for passage. The Subcommittee was chaired by Senator Bo Watson (R-Hixson). Senators Jim Tracy (R-Shelbyville) and Steve Roller (D-Morrison) are also members of the subcommittee. One bill, sponsored by Senator Randy McNally (R-Oak Ridge), comes from a Special Open Government Study Committee that worked on the issue last fall. McNally’s bill, however, did not include any changes in the definition of Tennessee’s open meeting requirements. “This bill is the result of two years of study and hours of testimony,” said Senator McNally, who was Chairman of the Special Committee. “The end result comes from an agreement with open government groups and local government representatives. I appreciate the work of this subcommittee, in addition to the other committees. I particularly look forward to having the resource of an open government ombudsperson as provided in the bill.” Key provisions in the bill, as amended by the Tracy Amendment are:
The second bill recommended for passage by the Subcommittee is sponsored by Senator Raymond Finney (R-Maryville). It would make the telephone number, home address, and birth date of government employees confidential. Finney said, “This is a necessary measure to make sure we protect the privacy of our employees. They work very hard and are available by phone at their workplace. However, their home phone number or address should only be given out by them.” “This bill will open the door a little wider,” said Watson. “We took the best ideas from the Open Government Study Committee and recommended to the standing committee a bill that encompasses them -- particularly the creation of an ombudsperson and the advisory committee that will continue to work on some of the other ideas the study committee developed.” Judiciary Committee approves ALR and Drunk Driver Registry bills The Senate Judiciary Committee approved legislation, sponsored by Senator Mae Beavers (R-Mt. Juliet) this week 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. Specifically, an individual could be suspended under the bill for a blood alcohol concentration (BAC) greater than allowed by law which is .08 for the general driving public. 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. “The number of victims at the hands of drunk drivers in Tennessee is unacceptable,” said Beavers. “The National Transportation Safety Board 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. This bill will go a long way to help reduce the number of drunk drivers on our roads.” Members of the Committee also approved legislation to create a registry of persons who have two or more DUI convictions with the Tennessee Bureau of Investigation, similar to that of the Sex Offender Registry. The bill is sponsored by Sen. Tim Burchett (R-Knoxville). Burchett said the Registry would serve as a strong deterrent to driving under the influence and would make drunk drivers think about the consequences of their actions. In 2006, there were 1,287 fatalities on Tennessee roads with 509 due to alcohol-related crashes. Motor vehicle crashes are the leading cause of death among persons between the ages of 3 and 33, with 50% of the victims killed in alcohol-related crashes. Legislation approved by Senate Transportation would ban “texting while driving” Legislation sponsored by Senator Jim Tracy (R-Shelbyville) that would ban “texting while driving” overcame its first hurdle this week with approval by the Senate Transportation Committee. The bill prohibits sending or reading text messages while the driver is operating a motor vehicle. “Over two-thirds of those under the age of 24 who were polled have admitted to sending text messages while driving. That is a very scary proposition for the safety of our roads. Studies show that drivers of any age who text behind the wheel swerve out of their lane, with many running into head-on traffic. This is a basic safety measure that aims to protect the drivers and all others who travel our roads.” Under the bill, a violation would be a Class C misdemeanor, punishable by a fine of $50.00. The legislation also prohibits the Department of Safety from assigning a point value for the driver’s license suspension or revocation for violation under the proposed law. “Texting is an extremely dangerous form of distracted driving,” Tracy added. “When drivers take their eyes off the road to read or send messages, they pose a great danger to all who cross their path. Hopefully, this measure will provide the warning needed to help stop this practice and in turn, it will make our roads safer.” Issues in Brief Volunteer firemen – The Senate Commerce Committee approved legislation, 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. Heroic Teen – Lt. Governor Ron Ramsey (R-Blountville) honored 18-year old Lindsey Witherspoon on the Senate floor Thursday for heroism. The Sullivan County teen rescued a woman whose car went into the icy waters of Fort Patrick Henry Lake in Ramsey’s senatorial district. Witherspoon, who is an experienced swimmer, dove into the lake and pulled the woman safely ashore. The Senate adopted a Senate Joint Resolution in honor of the girl. * * * * * |
