Several members of the State legislature produce an email newsletter with almost the same verbiage word for word. This is from Senator Jim Tracy.
The
109th General Assembly adjourned on April 22, 2016 to become a part of
Tennessee history with the last week of legislative action seeing
passage of some of the most important bills of the 2016 session. This
includes legislation to phase out the Hall Income Tax, a bill to aid 100
percent service-related disabled veterans and the elderly disabled with
property tax relief, the Public Safety Act to reduce crime and improve
public safety, and the Rural Economic Opportunity Act to spur economic
development in some of Tennessee’s most economically distressed
counties. The Senate also approved major legislation cracking down on
drunk drivers and a key bill to address opioid abuse in Tennessee.
On the final legislative day, the General
Assembly approved historic legislation reducing the Hall tax rate from 6
percent to 5 percent, a seventeen percent cut from the total dollars
collected by the state for fiscal year 2016. Senate Bill 47
calls for an annual reduction of at least one percent until the tax is
eliminated. Furthermore, the bill provides that by January 1, 2022, the
Hall Income Tax will no longer be collected and eliminated as a legal
means of taxation in Tennessee.
The General Assembly also approved Senate Bill 1796
before adjourning, which increases property tax relief for 100 percent
service-related disabled veterans, and/ or their widows or widowers, by
repealing the income cap that was put in place last year. The
legislation also raises the property value limit for the elderly
disabled from $23,000 to $23,500.
2016 legislative session see passage of major legislation strengthening Tennessee’s DUI laws
The State Senate passed legislation in
the closing week of the 2016 legislative session creating stricter
penalties for DUI offenders in a year that has seen major legislation
strengthening Tennessee’s drunk driving laws. Senate Bill 2065
requires a judge to order an ignition interlock device for all
convicted DUI offenders unless the judge provides a finding of fact for
not ordering the device.
Although Tennessee currently mandates the
use of ignition interlock devices, there is only about 15 to 20 percent
compliance rate with the law because judges must provide a reason why
the device should be placed on a DUI offender’s vehicle. This
legislation flips that requirement by providing that a judge must state
findings of fact on why an interlock device should not be installed on
the offender’s vehicle.
Under the bill, offenders must have the
ignition interlock devices in their car and operating for 365
consecutive days or for the entire time their license is revoked,
whichever is longer. To ensure compliance, the legislation establishes
penalties for the unauthorized tampering or removal of the interlock
device. If the device is removed during the 365-day period, the
offender must start over until it is served consecutively.
Similarly, if there has been any
tampering with the device in the last 120 days of the sentence, the
legislation provides that the period for which the interlock system is
required will be extended by another 120 days.
The bill prescribes an additional $12.50 fee to the offender for administrative costs.
The Tennessee Senate also passed Senate Bill 35 this week prohibiting those convicted of vehicular homicide by intoxication from being eligible for probation.
Other key bills addressing drunk driving offenses approved by the legislature this year include:
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· Senate Bill 1572
which elevates a DUI offense for those convicted six or more times from
a class E felony to a class C felony and requires prior convictions for
alcohol-related vehicle offenses, including those committed
out-of-state, to be counted as prior convictions;
-
· Senate Bill 2576which
requires immediate sharing of an impaired driver’s DUI arrest and
conviction history with law enforcement, the courts and the National
Crime Information Centers, making the information accessible by law
enforcement officers in their squad cars to check the criminal
background of arrestees;
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· Senate Bill 2577 which calls for timely transmission of fingerprints taken for vehicular impairment offenses;
-
· Senate Bill 1582
which allows judges to order any device necessary to ensure that the
offender complies with probation conditions and a clinical assessment to
better cover driving under the influence of drugs;
-
· Senate Bill 2399
which authorizes the use of the state’s Interlock Assistance Fund for
transdermal monitoring devices or other alternative alcohol or drug
monitoring devices when a court determines that an offender is unable to
pay for it; and,
-
· Senate Bill 1730
which creates a Driving Under the Influence (DUI) memorial signing
program to erect and maintain memorial signs on the non-interstate
highways commemorating residents who died as a result of DUI related
incident.
In 2015, 267 people died on Tennessee
roadways from alcohol related deaths, accumulating 27.8 percent of all
traffic fatalities that year.
Major legislation to reduce crime passes legislature
The Tennessee Senate approved major legislation this week which aims to reduce crime and improve public safety. The Public Safety Act of 2016
addresses the most serious offenses driving Tennessee’s violent crime
rate by establishing mandatory minimum sentences for those convicted of
three or more charges of aggravated burglary, especially aggravated
burglary, or drug trafficking. A burglary is considered especially
aggravated if the victim suffers serious bodily injury during the
offense.
Under current law, those convicted three
times or more of aggravated burglary and especially aggravated burglary
must serve only 30 percent of their sentence before being considered for
release or parole. The act sets the mandatory minimum period of
incarceration to 85 percent for third and subsequent convictions for
aggravated burglary, especially aggravated burglary and Class A, B, and C
felonies for the sale, manufacture, and distribution of controlled
substances.
To update the law and help control costs,
the legislation also changes the felony thresholds for property theft
for a Class A misdemeanor from $500 to $1,000, Class E felony from $500
to $1,000 to a range of $1,000 to $2,500 and a Class D felony from
$1,000 to 10,000 to a range of $2,500-$10,000.
On domestic violence, the legislation
will allow a law enforcement officer to seek an order of protection on
behalf of a domestic abuse victim. Additionally, if a law enforcement
officer makes an arrest for a crime involving domestic abuse, then an
automatic order of protection will be issued when there is probable
cause to believe that the alleged assailant used or attempted to use
deadly force against a domestic violence victim. A hearing should be
held within 15 days of the automatic order of protection being issued.
A third and subsequent domestic violence
conviction would change from a misdemeanor to a Class E felony under the
legislation. This change maintains the current minimum 90-day sentence
for a domestic violence conviction.
In addition, the measure retools
community supervision to reduce the number of people returning to prison
for probation and parole violations when their noncompliance does not
rise to the level of a new criminal offense. The move is expected to
save the state $80 million.
Of the 12,588 people entering state
prison last year, 40 percent were probationers or parolees sent to
prison because they violated supervision conditions. This legislation
authorizes the department to utilize a robust, structured matrix of both
sanctions and incentives to facilitate compliance with the conditions
of supervision by the more than 71,000 state probationers and parolees.
The bill is funded by an $18 million appropriation in the state budget which passed the General Assembly last week.
In Brief…
Pharmacies / Robberies
-- The State Senate passed legislation this week to help tackle the
issue of drug abuse and pharmaceutical robberies across the state.
Between 2006 and 2010, pharmaceutical robberies rose 81 percent
nationally and Tennessee is ranked 5th in most cases. Senate Bill 593
will enhance the sentencing of robbery, aggravated robbery or
especially aggravated robbery on the premises of a licensed pharmacy
with the intent to obtain controlled substances unlawfully. The bill
comes after a series of robberies, including one in Bean Station in 2013
that resulted in the deaths of a pharmacist and patient and left two
clerks severely injured. States with similar laws indicate a massive
reduction in these types of robberies. The bill is now awaiting the
signature of the governor before becoming law.
Rural Economic Opportunity Act
-- The General Assembly passed significant job creation bill in the
last week of legislative action to spur economic development in some of
the state’s most economically distressed counties. Twenty-one of
Tennessee’s 95 counties are considered economically distressed, meaning
that they are in the bottom 10 percent nationally in terms of
unemployment, per capita income, and poverty.
The
“Rural Economic Opportunity Act of 2016” has two components that aim to
alleviate unemployment in these areas by supporting jobs and economic
development. This includes implementation of the “Propelling Rural
Economic Progress” (PREP) program that would create a grant fund to aid
rural counties in building sites and infrastructure to incentivize
businesses to develop in their region.
The second component of Senate Bill 2538
restructures the county tier system used for determining whether a
company looking to locate or expand operations is eligible for job tax
credits. This legislation would lower the job creation threshold to 20
in tier three counties and 10 in the additional fourth tier, used for
the economically distressed counties. Tax credits help fuel
company expansion by rewarding job creation based on the number of
positions created, amount invested, type of business and location.
Small Business / SBIR / STTR Grants -- The Senate passed legislation this week to aid small technology businesses across the state. Senate Bill 2606
seeks to take advantage of small business innovations and federal Small
Business Innovation Research (SBIR) and Small Business Technology
Transfer (STTR) grants. It would allow the Tennessee Technology
Development Corporation, now known as LaunchTN, to have the authority to
establish an applied research and developmental finance program to
provide matching grants to small technology businesses. Fifteen other
states, including Virginia and Kentucky, have taken advantage of the US
Small Business Administration match-granting program and this
legislation will make Tennessee more competitive with the neighboring
states.
STEM Schools – The last week of legislative action saw passage of Senate Bill 1598
which simplifies the transfer of students, and the BEP funding that
follows them, to regional Science Technology Engineering Mathematics
(STEM) Schools. Strong student performances in STEM education are vital
to Tennessee’s future well-being. STEM knowledge is a core requirement
for careers in some of the fastest-growing industries across the
Volunteer State and is closely linked with our economic strength and
competitiveness.
Federal Refugee Program –
The Senate adopted a House amendment and sent to the governor
legislation which urges Tennessee’s Attorney General to commence legal
action in response to the federal government forcing Tennessee to spend
state dollars for the Refugee Resettlement Program. If the Attorney
General does not commence civil action, Senate Joint Resolution 467
gives the General Assembly the authority to retain outside counsel for
this purpose. Recently, high ranking officials in Washington have cast
doubt on the screening process. Instead of the vetting process taking
18 to 24 months which the Obama administration said was proof of how
through the process was, it has now been announced that Syrian refugees
will be on American soil within 90 days.
Lifetime Handgun Permits -- Legislation passed the General Assembly this week that reduces the lifetime handgun permit fee. Senate Bill 1477
reduces the fee from $500 to $200 for current permit holders.
First-time applicants would pay the $115 fee currently in effect, plus
$200 for a lifetime handgun permit. The legislation takes effect
January 1, 2017 in order to make the changes necessary to the computer
systems in order to properly process the permits.
Retail Accountability Act
– Legislation passed the State Senate this week making changes to the
state’s Retail Accountability Program (RAP). The law was first passed
in 2012 to ensure that the taxes paid by consumers for beer and tobacco
products are properly submitted to the state by requiring wholesalers to
report to the Department of Revenue what is sold to retailers. In the
first two and a half years of the program, the state has collected an
additional $60 million in previously unreported sales tax revenue, which
prompted an expansion of the program last year. However, the
Department of Revenue’s implementation of the expanded program was more
far-reaching than legislators intended. Senate Bill 2570
more clearly defines the scope of the program, including exempting
perishable groceries and frozen foods from the reporting process and
creating a sunset deadline for the legislature to evaluate the program’s
effectiveness at a later date. It also calls for a change from monthly
to quarterly reporting.
Marijuana Oils and Concentrates
-- Legislation passed the State Senate this week clarifying that
marijuana concentrates and oils are defined as marijuana and are under
the state’s Tennessee Drug Control Act. The existing statute is not
current with the recent increase in different and dangerous forms of the
drug. Senate Bill 1189, which works to correct that, now goes to the governor for his signature.
UTK Office of Diversity / Minority Scholarships
-- This week, the Senate Education Committee passed legislation taking
$436,000 from the Office of Diversity and Inclusion at the University of
Tennessee at Knoxville (UTK) and using it for scholarships in a
minority engineering scholarship program. Senate Bill 1912
reallocates the salaries of the four employees in UTK’s Office of
Diversity and Inclusion for the fiscal year of 2016-2017 for the purpose
of awarding scholarships to minority engineering students. The money
may help up to 100 minority students in the engineering program receive a
scholarship.
The bill also provides that state funds
shall not be expended by the University of Tennessee to promote the use
of gender neutral pronouns, to promote or inhibit the celebration of
religious holidays or fund or support “Sex Week.”
In August, UTK came under fire by
lawmakers, alumni and the general public for an Office of Diversity and
Inclusion post on the university’s website asking students and faculty
to toss out “he” and “she” when addressing students for gender-neutral
pronouns like “ze” and “zir.” In December, the office posted guidance
to students and faculty to ensure holiday parties at the campus are not a
Christmas party in disguise. These actions follow several years of
widespread disapproval over the university’s “Sex Week” which included
such events as drag shows, lectures given by a porn actress, and condom
scavenger hunts. Sex week has continued despite objections with an
acceleration of objectionable content in this year’s list of courses.
Worker’s Compensation
-- This week the Senate passed a measure improving the worker’s
compensation reforms adopted in 2013. The legislation was brought by
the Tennessee Chamber of Commerce and approved by the Worker’s
Compensation Council. Senate Bill 2582
changes the injury notification requirement for workplace injuries from
30 days to 15 days to encourage workers to more timely notify their
employer if they have been injured on the job. It also provides
additional protections for workers by authorizing a worker’s
compensation judge to award medical and/or disability benefits that have
been wrongly denied during an expedited compensation hearing. The
legislation encourages more employers to participate in the Tennessee
Drug Free Workplace Act by authorizing employers to offer annual
acknowledgment or notification to all employees of the provisions in
that program rather than require the one hour annual training.
Approximately 4,000 employers use the drug free workplace act out of
120,000 estimated employers and this law aims to create more
participation. In addition, the legislation allows the Division of
Worker’s Compensation to hire attorneys as ombudsman to help navigate
the system.
Native Species Lumber Act -- The Senate passed Senate Bill 822
this week allowing Tennessee lumber mills the ability to sell native
timber for agricultural buildings, including barns and sheds. The
Tennessee Native Species Lumber Act will create a certification program
offered by the agricultural extension of the University of Tennessee for
owners or representatives of sawmills. The mill is then certified to
grade lumber and to certify in writing to the purchaser that the quality
and safe working stresses of the lumber are equal to or better than No.
2 grade. The program will be offered biannually and in each of
Tennessee’s three grand divisions at a nominal cost.
Gang Violence
-- The General Assembly approved legislation this week providing clarity
to a 2012 law calling for enhanced penalties for crimes committed in
association with gang activity. Senate Bill 1558
requires an offense be punished one classification higher than the
classification established by the offense if the defendant was a
criminal gang member at the time of the offense and the criminal gang
offense was committed at the direction of, in association with, or for
the benefit of the defendant's criminal gang or a member of the criminal
gang. If the defendant was a leader or organizer of the criminal gang,
then the offense shall be punished two classifications higher. The
Tennessee Court of Criminal Appeals recently ruled the 2012 law was too
broad and that in order to meet constitutional standards that the
offense committed needed to be related to gang membership in order to
eligible for an increased charge.
Aeronautics -- State Senators has approved legislation to create the Aeronautic Economic Development Fund. Under Senate Bill 750,
grants may be made in all counties to the local government or their
economic development organizations, after approval by the commissioner
of the Tennessee Department of Transportation. The fund is not
appropriated in this year’s budget, but will instead be funded at a
later date. Once funded, grants will be made to benefit aeronautical
programs and infrastructure across the state, principally at airports.
County Commissions
-- Legislation designed to protect the integrity of county commissions
and the confidence county citizens have in their commission has passed
the General Assembly. Senate Bill 466
prohibits any county employee that is simultaneously serving as a
county commissioner of the county by which they are employed from voting
on any matter that would increase the pay or benefits of that member or
that member’s spouse. The legislation also applies to members of the
legislative body of the county who are also employed by that same county
or whose spouse is employed by that county. The employed commissioner
would be able to vote on the budget, appropriations or tax rate
resolution unless the vote is on a specific amendment, appropriation, or
resolution
which the member has a conflict of interest.
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