Representative Bob Ramsey, DDS a Weekly Wrap-Up of Legislative News April 16 - 19, 2012
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The Tennessee General Assembly House of Representatives Representative Bob Ramsey, DDS A weekly wrap-up of legislative news April 16 - 19, 2012 Reforms to Unemployment Insurance Program Pass General Assembly Unemployment Insurance Accountability Act of 2012 Passes by Wide Margin 76-17, Will Ensure Support for Those Who Have Legitimate Need A bill to bring major reforms to Tennessee’s unemployment insurance program passed the House Thursday following a back-and-forth debate centered on helping individuals who have lost their jobs. Representative Jimmy Matlock (R—Lenoir City) authored House Bill 3431—the Unemployment Insurance Accountability Act of 2012—after a series of meetings with Tennessee businessmen and job creators. Matlock was asked to chair the House Majority Small Business and Economic Development Task Force by Majority Leader Gerald McCormick (R—Chattanooga) last summer. The task force held a series of hearings with members of the small business community, entrepreneurs, and other individuals involved with private economic development. Each came back with serious proposals to jumpstart Tennessee’s economy, but the main complaint focused on government and the lack of accountability in the unemployment insurance program. Matlock cited these concerns during the House debate. “We are for helping everyone with legitimate needs and building them up into the economy,” he said. “Our intent, with this legislation, is to motivate and help those citizens who need the support.” The East Tennessee lawmaker also discussed the work of the small business task force that helped him craft this legislation. He remarked, “We spent a lot of time figuring out the best way to reform the process and ensure those who have legitimate needs can get that help without taking advantage of taxpayer dollars.” Matlock’s efforts were bolstered by other Members of the House Majority who urged passage of the legislation. Representative Sheila Butt (R—Columbia) stated, “This legislation instills more accountability in the system which is a priority for the job creators in this State. Additionally, it incentivizes those who are on unemployment to actively look for work. I believe it is our job to advocate for the taxpayers and make sure we are being good stewards of their resources.” The legislation makes the following revisions to the system: • Increases definition of misconduct to absenteeism; • Increases audits of those seeking unemployment benefits; • Heightens work search requirements for those utilizing unemployment benefits; • Prohibits claimants from obtaining benefits if the claimant is "incarcerated four or more days in any week for which unemployment benefits are being claimed"; • Ensures claimants cannot receive both severance package and draw unemployment support at the same time. Representative Jeremy Faison (R—Cosby) made a compelling case for the bill as he closed the debate on it. He stated, “As a business owner, I know how unemployment insurance rates have skyrocketed for my business recently. It’s because there are problems within the system that we can start fixing here today. The passage of this bill will untie the hands of small businesses—our job creators.” He concluded, “If you care about jobs in your district, you will vote for this bill.” The legislation passed the House 76-17. To view a full summary of the bill, click here. Lawmakers Team Up to Crack Down on Illegal Bath Salts Legislators in the House of Representatives this week took two major steps in the battle against the manufacture and usage of synthetic drugs with passage of a landmark bill by Representative Tony Shipley (R—Kingsport) and a bill to strengthen the penalties against synthetic drug peddlers by Representative Jon Lundberg (R— Bristol). Earlier this legislative session, the General Assembly passed House Bill 2645, authored by Representative Ryan Williams (R—Cookeville), that defined the chemical compounds that make up the synthetic drugs. House Bill 3175 received bipartisan support, passing the House on Monday by a 94-0 vote. The legislation, which is headed to the Senate for approval, creates various felony offenses regarding synthetic drugs such as bath salts. The legislation maintains continuity throughout the Tennessee Code by ensuring that most present law provisions regarding controlled substances would also apply to synthetic drugs and the bill strengthens certain criminal penalties. “As we all know from numerous recent new reports, ‘bath salts’ are ripping our communities apart and hurting Tennesseans,” stated Rep. Shipley who has made the bill a centerpiece of his legislative agenda. “This bill will put our laws at the forefront of the fight against synthetic drugs that have already claimed far too many lives.” Shipley believes the bill breaks new ground in the fight against illegal analogue synthetic drugs because it criminalizes the drugs and takes the additional step of listing the effects of the drugs on the users so magistrates will have a detailed understanding of the substances. This allows for greater judicial flexibility in determining felony violations. Additionally, while Shipley’s legislation takes an innovative way to combat the drugs, Rep. Lundberg’s bill takes aim squarely at illegal drug manufacturers and sellers. HB 2286 makes it a Class E felony for a person to knowingly manufacture, deliver, sell, or possess with the intent to sell, deliver, or manufacture an imitation controlled substance. The bill received the overwhelming support of the House on Monday night, passing 99-0. “When Virginia first banned these drugs, a wave of illegal drugs hit my district hard. These bills will make sure we equip law enforcement personnel with what they need to fight back and protect our communities from these illegal drugs,” stated Lundberg. Along with those bills, House Bill 2645 adds over twenty synthetic derivatives or analogues of meth to the current Tennessee Code and criminalizes possession of the bath salts. The bill overwhelmingly passed the House of Representatives in bipartisan fashion, 95-0, on April 9th. The legislation continues Williams’ fight to crack down on meth production that is derived from the use of ingredients found in bath salts or Molly’s Plant Food. Williams said, “With the passage of these bills, the House has spoken with one voice that stopping these illegal drugs is a top priority of our State. When these bills become law, the manufacture, distribution, use, and possession of these analogues will be met with serious consequences and anyone involved with these drugs should take notice.” The three lawmaker’s respective bills complement one another as the State has been under fire with the recent scourge of synthetic drug use. Shipley remarked, “East Tennessee has been ground zero for these cases. Reports show these drugs have been filtering into our State because our laws have been lax on this subject. That ends today.” “While my colleagues and I can certainly be proud of our actions, the need for these bills was brought to our attention by the people of East Tennessee who deserve a lot of credit for being vigilant, taking action, and making a stand against these drugs,” concluded Lundberg. To view the full summary of the House Bill 3175, click here. House Bill 2286 can be viewed by clicking here. HB 2545 can be accessed by clicking here. House Majority Combats Domestic Abuse The House on Wednesday passed legislation to require mandatory jail time for people with repeat domestic violence convictions. The bill was approved in strong bipartisan fashion, 98-1. Representative Jim Coley (R—Bartlett) was given the responsibility of guiding the bill through the House by Majority Leader Gerald McCormick. With the passage of the bill, Tennessee will increase the reimbursement to local jails by $2 dollars per day, at a total annual price tag of about $4 million. The mandatory sentence for a second conviction will be 30 days. A third conviction of domestic violence brings a mandatory 90 day sentence. “Passage of this legislation shows we are serious about cracking down on domestic violence in Tennessee. We earn top rankings in a number of business friendly categories, but we are also near the top in domestic abuse rankings. We need to drop in those rankings immediately,” said Coley. “I believe this legislation will help do just that.” To read a full summary of the bill, click here. The Senate plans to take action on the companion legislation in the coming days. House Increases Penalties for Drunk Drivers Who Hit the Road with Children The House Majority Caucus Monday agreed to tough new restrictions against irresponsible conduct behind the wheel that may save the lives of children. Generally, under present law, upon conviction of a first DUI offense, an offender is fined between $350 and $1,500. This individual is also prohibited from driving a vehicle in Tennessee for one year, given a sentence that can range from 48 hours to 11 months and 29 days of probation, and be ordered to remove litter during daylight hours from public roadways. However, if at the time of the commission of the DUI, the person was accompanied by a child under 18 years of age, then the person must be punished by a mandatory minimum incarceration of 30 days and a mandatory minimum fine of $1,000. House Bill 2751, by Representative Tony Shipley (R—Blountville), will increase those provisions of the law. Under his bill, a minimum incarceration of 30 days must be served consecutively with any sentence for convictions of DUI, vehicular assault, vehicular homicide, or aggravated vehicular homicide. “As an emergency responder in my professional life, I see too many careless individuals willing to risk the life of others. That must be stopped. This bill increases penalty for that type of violation,” stated Shipley after passage of the legislation. “This bill is a personal priority of mine and I believe it will help save the lives of our most vulnerable citizens—our children.” Representative Julia Hurley (R—Lenoir City) who supported the legislation and is anxious to see it become law added, “This bill needs to become law because even one additional life that is risked because of the carelessness of a drunk driver.