Senate pulls THP immigration bill

By ERIK SCHELZIG, KnoxNews
May 24, 2006

NASHVILLE — The sponsor of a measure to allow the Tennessee Highway Patrol to have the option of being trained to enforce immigration laws on Wednesday withdrew the bill in the face of Republican attempts to make the proposal mandatory.

Sen. Joe Haynes, D-Goodlettsville, said "there is a basic philosophical difference between the parties in this body" over whether to include the words "may" or "shall."

The measure containing the optional language was unanimously approved in the House earlier this month.

The bill sought to authorize the commissioner of the Department of Safety to negotiate an agreement with the U.S. Department of Homeland Security concerning enforcement of such laws by Tennessee Highway Patrol troopers.

Following training and certification, the troopers could enforce federal immigration and customs laws while conducting their normal duties.

Sen. Tommy Kilby said he agreed with giving the department the option of getting trained.

"We need to allow the Department of Safety to operate within the parameters of what they’re already dealing with," said Kilby, D-Wartburg. "They say they will deal with this on their own timetable."

Senate Transportation Chairman Mark Norris was the main proponent of adding the mandatory language.

"Here’s the bottom line: the sponsor’s bill, as written, does nothing more than what the present law allows," said Norris, R-Collierville.

An earlier Norris bill to make the training mandatory passed the Senate but was killed in the House.

Meanwhile, a measure to preserve a pared-down Criminal Investigation Division within the state Department of Safety is on its way for the governor’s consideration after passing the Senate on a 31-0 vote.

The original bill sponsored by House Transportation Chairman Phillip Pinion originally would have established a minimum number of CID agents, but an amendment to the bill puts the personnel decisions at the discretion of the commissioner.

Safety Commissioner Jerry Nicely has said 13 CID agents have agreed to move to the Tennessee Bureau of Investigation and 10 more will be transferred to the Department of Revenue. That will leave 23 agents at the whittled-down CID.

Pinion, a Union City Democrat, last year halted Gov. Phil Bredesen’s attempt to completely transfer the CID out of the Safety Department. Pinion said he changed his legislation at the request of the governor’s office.

Norris sponsored the Senate version.