DUI laws: The Senate Judiciary Committee approved four bills this week aimed at strengthening Tennessee's drunk driving laws, including one measure to increase penalties for the worst repeat offenders. The bills offer four of many different approaches before state lawmakers this year to address the number of fatalities in Tennessee due to DUI-related car crashes.

There were 1,287 fatalities on Tennessee roads in 2006 (the last year in which data are presently available), with 509 deaths due to alcohol-related crashes-- a 7.6 percent increase from the previous year. Motor vehicle crashes are the leading cause of death among persons between the ages of 3 and 33 years, with 50 percent of the victims being in alcohol-related crashes. One of the bills approved by the Committee would increase the punishment for vehicular assault and vehicular homicide, if a child is injured or killed as a result of a DUI.

The bill addressing the worst repeat offenders, SB 3041, creates a Class D felony offense for the fifth or subsequent DUI conviction. The offense carries a fine of 5- to 15-thousand dollars and a 360 days to 12 years imprisonment. Currently, the punishment is a Class E felony, carrying a 3- to 15-thousand dollar fine and a 150-day minimum jail term.

The Judiciary Committee also approved SB 3042 to ban open containers of alcohol in a vehicle. Sponsors say the bill would close a gaping loophole in Tennessee law that allows a drinking driver to "pass the bottle" to a passenger to avoid prosecution when pulled over by law enforcement officers. The measure would not apply to vehicles whose passengers are out of the reach of the seated driver. Approval of this bill would bring Tennessee into compliance with National Highway Traffic Safety Administration rules that a state's open container law must prohibit the possession of any open alcoholic beverage container and the consumption of any alcoholic beverage in the passenger area of any motor vehicle that is located on a public highway or right-of-way. States must conform to this federal standard passed in the TEA-21 Restoration Act to avoid transfer of fderal-aid highway construction funds, causing Tennessee to lose tens of millions of dollars for non-compliance.

The last DUI bill, SB 2623, approved by the committee would eliminate the two-hour period in which a blood alcohol test must be administered to be used as evidence in court. Current law mandates that the blood alcohol content (BAC) test must be administered to the 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, leaving the decision about admissibility of evidence after a longer period of time at the discretion of the court.

The committee will continue debating legislation regarding reform of Tennessee's drunk driving laws over the next few weeks, including a proposal to revoke automatically the license of a drunk driver upon arrest and a bill to prohibit district attorneys from plea bargaining drunk driving charges to lesser offenses. With limited budget funds available, state legislators will be challenged to find the most effective use of resources to make the greatest impact on reducing the number of drunk drivers on Tennessee roads.

Spring 2008 sales tax hoiday: The Senate Finance Committee approved legislation this week to move the state's spring sales tax holiday to the last weekend in April, 2008, 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 enacted in 2007 for the weekend of March 21 to 23. The dates coincide with both Good Friday and Easter this year. Many businesses close for Easter and would not be participating in the sales tax holiday under the current law, and would interfere with worship in Christianity's holiest day. This bill simply moves the date in order that that more citizens and businesses can participate. The bill, SB 2730, would start the holiday at 12:01 a.m. on Friday, April 25, and would end at 11:59 p.m. on Sunday, April 27. During this designated three-day weekend, consumers may purchase selected clothing, school supplies and computers without paying Tennessee's state and local sales tax on the items. This holiday also includes purchases of qualified items sold by way of mail, telephone, email, or Internet, if the customer orders and pays for the item and the retailer accepts the order during the exemption period for immediate shipment, even if delivery is made after the exemption period.

Protection of English in the Workplace: The Senate Commerce Committee approved legislation this week clarifying that Tennessee employers have a right to institute an English-in-the-workplace policy. The bill makes it clear that a policy to speak English in the workplace is not considered discrimination on the basis of national origin while the employee is engaged in work. Protection of employer rights in instituting English-in-the-workplace policies has increased both in the states and nationally 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, a rest period, or any other break. The bill only applies during the period in which the person is required to perform official duties associated with his/her employment.

Illegal immigration: The Senate Commerce Committee members also approved two bills cracking down on illegal aliens in the workplace. The bills, SB 3488 and SB 3600, 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, and requires the court to notify the U.S. Department of Homeland Security.

Charter schools: The Comptroller's Office of Education Accountability released a report to the Senate Education Committee this week that looked at student achievement and teaching methods in Tennessee's public charter schools, and made several recommendations for legislative change. Tennessee has the most restrictive public charter school law in the nation in terms of student eligibility, allowing only children who are failing, or are enrolled in failing schools, to participate. The report, Tennessee's Charter Schools: Issues of Innovation and Sustainability, found student eligibility restrictions and limited facilities funding may compromise the long-term viability of individual charter schools and recommended changes. The report also found that neither the Tennessee Department of Education nor local school districts have established methods to share charter schools' best practices with traditional public schools. Dr. Steven Ross of the Center for Research in Education Policy at the University of Memphis told state senators that such restrictive laws do not permit public charter schools to be the laboratories of learning that they are supposed to be. The concept of allowing schools the ability to use innovative teaching methods was one of the driving forces for adoption of Tennessee's charter school law. To compare student achievement in Tennessee's charter and traditional public schools, the Office of Education Accountability contracted with the Center for Research in Educational Policy (CREP) at the University of Memphis. CREP found evidence that some charter schools are helping students succeed academically. The report compares charter schools and traditional public schools, with test scores showing students in charters either compare to or exceed those in the traditional setting. The report recommends that the General Assembly consider making eligibility for charter school enrollment less restrictive and consider more precisely defining state and local charter school facilities funding responsibilities. It recommends that the state should also identify charter schools' best practices and implement a system for disseminating that information to traditional schools.

Lottery Subcommittee report: A Special Senate Education Study Committee looking at recurring lottery scholarship funds began its work this week, as the panel approved a number of initiatives to expand HOPE scholarship opportunities for students. The committee is one of two looking at various proposals regarding lottery scholarship funds. The other subcommittee is reviewing proposals regarding the 410-million dollars which the committee has set as the money that should be available in the lottery excess fund. The amount available in the recurring lottery scholarship fund has been set at 22-million dollars annually. These subcommittees are working to set priorities and bring back a well thought out proposal to the full Senate Education Committee for possible approval. The Recurring Fund Subcommittee deferred until next week the proposal to lower the grade point average (GPA) scholarship eligibility standard from 3.0 to 2.75 to retain the HOPE Scholarship program, after it was discovered that it may cost more than twice the original estimate to change the standard. Originally, the change in the standard was expected to cost 5.3-million dollars under the governor's budget proposal, but a fiscal note reveals that lowering the GPA standard to 2.75 may cost 17-million dollars during the next fiscal year. That move would consume most of the 22-million dollars set aside to expand scholarship opportunities. Another proposal deferred until next week would expand scholarships to non-traditional students. Tennessee currently ranks 43rd in educational attainment, as determined by the percentage of adults age 25 years and older with at least a bachelor's degree. To reach the national average in educational attainment, Tennessee would need to graduate approximately 180-thousand additional students. Reaching these "non-traditional" students will enable Tennessee to supply a workforce capable of attracting business and enhance economic development.

American ownership of toll roads: If Tennessee approves the use of toll roads in the state, they would have to be American-owned, under legislation approved by the Senate Transportation Committee this week. The measure, SB 2724, would emulate Federal Communications Commission (FCC) rules that require radio stations to be American-owned to prevent foreign interference in case of a 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.

Hunting and fishing rights: The State Senate approved on final consideration HJR 108-- House Joint Resolution 108-- this week to amend the state constitution by protecting the right to hunt and fish.

Budget hearings: Senate committees continue to conduct budget hearings for all state departments and agencies. The hearings are part of the process of reviewing how state dollars are spent in all areas of state government and examining recommendations for improvements sent by the governor to the General Assembly. Committees will continue hearings through next month, until all agencies and depar tments have been reviewed.

Bioenergy program: The Senate Finance Committee heard testimony from the Office of Bioenergy Programs at the University of Tennessee. Last year, the General Assembly provided funding for this program, which is developing a new cellulosic biofuel industry in Tennessee. UT has done research and preparatory work, and is now working with eastern Tennessee farmers to roll out the first contracts for switchgrass production as an energy crop. The first group of farmers selected to participate in the Switchgrass Farmer Incentive Program was notified last week for spring 2008 planting. This initial round of contracts, covering 725 acres of switchgrass production, is the first phase in building a supply chain designed to achieve annual production of 64,000 tons of switchgrass on 8,000 acres by 2012. Switchgrass has a high cellulose content. An enzymatic process can convert cellulose to fuel-grade alcohol, which can be added to gasoline to replace our dependence upon foreign petroleum imports and reduce pollution. Corn can be used to produce alcohol by fermentation and distillation, but increasing problems with this process make corn-based ethanol production less attractive. Switchgrass may prove to be a better alternative fuel source. Tennessee is ideally situated for switchgrass production. Switchgrass, a perennial grass, can be grown on marginal land not well suited for row crops.