On September 12, the Tennessee state legislature will reconvene for an “extraordinary session” called by Governor Bill Haslam.
One item on the agenda: Underage DUI penalties
The agenda for the special session has one item: bringing the state’s law for underage DUI in compliance with a federal regulation that sets .02 as the legal blood alcohol content for DUIs by those under age 21.
Can the Feds tell a state what laws it can pass?
Nope. The federal government cannot require Tennessee to change its law. However, Congress can put in place certain requirements that must be met in order for a state to receive federal funds. In this case, Tennessee would lose $60 million in federal transportation funds if its DUI policy for minors is not brought into compliance by October 1, 2016.
Why did TN change its policy in the first place?
Tennessee lawmakers passed a bill (Tennessee Public Chapter №1030), which went into effect July 1, to treat underage drivers the same as adult drivers, potentially opening them up to tougher penalties and even jail time. While the penalties for DUI were potentially tougher under the new Tennessee law, the change meant that the standard .08 BAC requirement would apply to minors. The United States Department of Transportation informed the state that this change brought it out of compliance.
Why the rush?
TN officials were hoping DOT would allow a grace period for changing the statute, so that the legislature could deal with this when it comes back into session in January. However, DOT said that TN would be considered out of compliance if the law was not changed by October 1, 2016.
Can lawmakers consider other things during the Extraordinary Session?
The governor’s proclamation only covers the narrow issue of the DUI law an coming into compliance with federal standards. However, Tennessee lawmakers could decide to include additional topics in the extraordinary session. Additional potential topics of special sessions that have been raised this year include:
- A motion to expel Rep. Jeremy Durham, R-Franklin who is accused of sexual harassment of at least 22 women (Durham was expelled by a vote of 70–2 on Tuesday, September 13).
- A motion to expel Rep. Joe Armstrong, D-Knoxville, who was indicted on tax evasion (Armstrong resigned Friday, September 9).
- Consideration of proposals to expand health coverage to those in the Medicaid gap
- Addressing the Obama administration directive on transgender access to public bathrooms.
Are Extraordinary Sessions really that extraordinary?
Not really. This year’s will be the 59th. The TN legislature met in special session last year to consider InsureTN.
How much does this cost?
The Tennessean reports that a regular four-day session week “costs taxpayers about $100,000, or $25,000 a day,” according to Connie Ridley, director of legislative administration.
Sources: KnoxBlog, Tennessean, TN.gov, WBIR, Williamson Herald
