Senator Mae Beavers

March 31, 2011

Capitol Hill Weekly

The Senate Judiciary Committee voted 6 to 3 this week to give Tennesseans the opportunity to restore their voice in determining what state law should be regarding commonsense protections for abortions.  The measure, Senate Joint Resolution 127, which I am sponsoring, addresses a State Supreme Court decision in 2000 that struck down provisions in Tennessee law allowing women to receive “informed consent” information about the surgery and to wait 48 hours before they receive an abortion.

The court also ruled against a state requirement that all abortions after the first trimester be performed in a hospital. That ruling made Tennessee more liberal than the U.S. Supreme Court required in “Roe v. Wade” and made the right to abortion a “fundamental right” in Tennessee.

The resolution would allow citizens to amend Tennessee’s Constitution to say that the right to an abortion is only protected under the U.S. Constitution as interpreted by the U.S. Supreme Court.  It would give the people the right, through their elected state representatives and senators, to enact, amend, or repeal statutes regarding abortion, including circumstances of pregnancy resulting from rape, incest or life of the mother.  The practical effect of the legislation would be to bring Tennessee back into a position of neutrality so the people’s elected representatives can decide within the bounds of federal decisions what protections can be put into place.

The resolution was approved by the 106th General Assembly by a simple majority.  The amendment process requires a two-thirds majority in the current General Assembly before citizens will see it on the ballot in November 2014.

Comprehensive legislation approved by Senate Transportation Committee would provide statewide guidelines for unmanned traffic enforcement cameras

The Senate Transportation Committee, on which I serve, has approved comprehensive legislation to provide statewide guidelines to govern the use of unmanned traffic cameras.  The proposal comes after much legislative debate on the matter during the 2009 and 2010 legislative sessions.   The use of automated systems for surveillance of intersections and roadways is growing as more communities across the state are utilizing the devices.   Opponents of the cameras have argued that the motivation behind the cameras is money instead of safety, while those who favor the cameras claim that the devices have made streets safer by reducing the number of crashes.

Senate Bill 1684, as amended, includes statewide provisions that:

  • Invalidate traffic camera citations issued for failure to make a complete stop before making a right hand turn at a red signal unless clearly marked signs are posted saying “No Turn on Red.”
  • Clarify that advance signage to inform drivers is required of at least 500 feet, but not more than 1000 feet, before the enforcement area of the unmanned traffic enforcement camera.
  • Require an independent traffic engineering study before any new camera can be set up to assure that the proposed camera meets certain criteria to ensure that the purpose is to improve traffic safety.
  • Prohibit speed trap cameras by banning the use of traffic enforcement cameras on any highway within one mile of a reduction of speed limits of 10 mph or greater.
  • Provide that no more than one citation shall be issued for each offense committed.
  • Vehicle registration information must be consistent with the evidence recorded by the enforcement camera or the citation is invalid.
  • Mandate that notice of violations be mailed to the alleged offender within 20 days and that all responses and payments be made to a Tennessee address.
  • Set the fine at $50 if the violator elects not to contest and provides that citation notices must list any additional late fees or court costs separately in the event they    should decide to go to court and are found guilty.
  • Amend current law to allow only POST certified or state-commissioned law enforcement officers to view evidence from a traffic enforcement camera and issue the citation.  Present law only requires an “employee” of the law enforcement agency.

The bill would not affect current unmanned traffic enforcement contracts in place.  If passed, the law would become effective July 1, 2011.

Judiciary Committee approves bill calling for popular election of state’s appellate and Supreme Court Judges

The Senate Judiciary Committee has approved a bill calling for a change in the method for selecting the state’s appellate and Supreme Court Judges.  Senate Bill 127 calls for judges to be popularly elected in the same manner as other candidates for office, like those competing for governor, state representatives, or state senate.  Tennessee currently uses the “Tennessee Plan” for selecting appellate and Supreme Court judges.

Under the current Tennessee Plan, a 17-member Judicial Nominating Commission sends the governor a panel of three nominees for consideration after reviewing nominees.  The governor must then appoint one of the nominees or reject the panel of three and request a second panel.  After being appointed through this process, the judges serve until the term for which they were appointed expires at which time they must stand for approval by the voters in an election where the voters will decide whether or not to “retain” or “replace” them.

Tennessee’s Constitution says judges must be “elected by the qualified voters of the state.” Much of the debate has focused on whether or not the selection process with a retention vote meets that constitutional test.  While the constitutionality of the plan has been affirmed twice by Court decisions, many legal scholars dispute the ruling.

The bill now goes to the Senate Finance Committee for consideration of the financial impact of the legislation.

In Brief…

Cutting Red Tape – Lt. Gov. Ron Ramsey this week announced he will launch a website dedicated to shining a light on unnecessary government regulation.  TNRedtape.com’s mission is to be a space on the web where regular Tennesseans can have a voice and seek relief from oppressive government red tape.  The site offers the opportunity to small business owners to tell their story of overbearing government regulation and how it has affected their lives.  The most flagrant examples will be highlighted on the blog and the site will also aggregate stories of government red tape in the news.

Government Efficiency – The State Senate voted 31 to 0 this week to terminate the Occupational Safety and health Administration Labor Advisory Council.  The action on Senate Bill 213 comes as a result of the General Assembly’s sunset review process.  The purpose of sunset review is to identify and eliminate waste, duplication and inefficiency in government agencies. In his State of the State Address, Governor Haslam asked the General Assembly to join him in reviewing the state’s boards and commissions to see whether 140 are necessary.  He also noted the progress of the Senate Government Operations Committee in this regards.  The full Senate also approved Senate Bill 240 this week to complete the wind down process of the Board of Review in the Department of Labor and Workforce Development which was terminated by the General Assembly last year.  The duties of that board will be absorbed by the Department of Labor.

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