Procedure set for special DUI fix session

The special session called by Gov. Bill Haslam to fix a $60 million foulup in the state’s drunken driving law will begin with state House and Senate floor sessions starting at 2 pm Monday and end at some point on Wednesday, according to officials.

Haslam, in his proclamation calling the session, limits action to revision a bill passed earlier in the year that changed the punishment for persons aged 18-21 for drunken driving and any related matters.

Federal officials have determined that the revision effectively raises the legal presumption of DUI for such persons from .02 blood alcohol content to .08 – meaning Tennessee is not in compliance with federal law mandating a .02 threshold and thus making subject to a $60 million reduction in federal highway funding starting Oct. 1.

Still, the fix bill – expected to be approved without opposition (though perhaps with a lot of speeches) must pass on three separate readings on different days to comply with the state constitution. Kara Owen, spokeswoman for House Speaker Beth Harwell, says plans call for the fix bill to be introduced and approved on first reading Monday and on second reading Tuesday in a session that will begin – at least in the House – at 10 am.
Committees will meet later in the day Tuesday to approve the measure. Presuming the procedure will follow the same path as the original bill causing the problem, that in the House will mean the Criminal Justice Subcommittee and then the full committee, followed by the Budget Subcommittee of the House Finance Committee and then the full Finance committee plus the Calendar Committee.

In the Senate, the original bill (SB1317) went only through the Judiciary Committee, but likely will go to Finance as well in the special session since money is obviously involved. (The original fiscal note estimated a loss of just $16,500 in state revenue – well below the Senate’s $100,000 ‘sweeper’ standard for Finance referral; contrasting with the House’s “zero sweeper,” requiring all spending bills go through Finance.)

In regular session, rules call for delays after a bill clears committee before a floor vote is scheduled that could put the final vote off until Thursday. But if those rules are suspended as expected – requiring a two-thirds majority vote – the final vote can be scheduled for Wednesday.