News Release: 9/6/2016

Governor Bill Haslam today announced he will call an “extraordinary session” of the 109th General Assembly to consider legislation to prevent the loss of $60 million in federal highway funds after the U.S. Department of Transportation deemed the state out of compliance with a federal “zero tolerance” drunk driving statute.  The Tennessee Chamber applauds Governor Haslam and his decision to call a special session to protect these funds for Tennessee’s roads and infrastructure programs.  Officials have noted a $60 million loss would be devastating to our current transportation operations. The Tennessee Chamber will actively monitor the special session and work to ensure the $60 million in transportation funds are maintained.

Governor Haslam, Attorney General Herbert Slatery, legislative leaders, TDOT officials and Tennessee’s entire 11 member congressional delegation (U.S. Senate and U.S. House of Representatives) have all defended Tennessee’s actions and encourage federal officials to reconsider their decisions.

The need for special session is prompted after the National Highway Traffic Safety Administration (NHTSA) notified the Tennessee Department of Transportation (TDOT) that 2016 Tennessee Public Chapter No. 1030 would put Tennessee out of compliance with federal “zero tolerance” drunk driving statutes.  Public Chapter No. 1030 passed overwhelmingly during the 2016 legislative session, was signed by the governor, and actually strengthened penalties for DUI offenders aged 18 to 20.  Sponsors of the legislation note their intent was to modify Tennessee’s drunk driving laws to ensure younger drivers received the same penalty as all drivers. Federal officials note the new law (in raising the standard to require a stiffer penalty) puts the state out of compliance with a federal “zero tolerance” drunk driving statute that conditions certain federal highway funding on compliance with its provisions.

The NHTSA indicated Tennessee would permanently lose $60 million if it remained out of compliance as of October 1. In separate letters to NHTSA, TDOT Commissioner John Schroer and Tennessee Attorney General Herbert Slatery agreed that Tennessee continues to meet the requirements of federal “zero tolerance” drunk driving statute.

Governor Haslam has taken a stern position with federal officials noting, “We are disappointed in the U.S. Department of Transportation’s decision. The state made clear to federal officials that while it disagrees with the interpretation that Tennessee is out of compliance, any such perceived impact of the law was inadvertent and could be fixed in January 2017,” Haslam said. “To avoid any negative impact to the state, I will ask the General Assembly to convene in a special session and clarify state law in this matter.”

State and Federal leaders have worked to avoid a special session of the General Assembly, the state told federal officials it would take up a remedy in January 2017, but the state was notified today it needs to be in compliance by October 1 or face the loss of these federal highway funds.

Haslam will issue an official proclamation calling for a special session in September in the coming days to clarify Tennessee Code to remove any question of compliance with the federal requirements relating to federal-aid highway apportionment. The proclamation will name the specific date the legislature will convene.  Thank you and please let us know if you have any questions.

Bradley Jackson, Interim President

Tennessee Chamber of Commerce & Industry

Tennessee Manufacturers Association

414 Union Street, Suite 107 Nashville, TN 37219

(Ph) 615-256-5141 

www.tnchamber.org   www.tnmfg.org