Tennessee Governor Bill Haslam has announced he will call an “extraordinary session” of the 109th General Assembly to consider legislation preventing 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.
“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,” Governor 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.”
Last month the National Highway Traffic Safety Administration (NHTSA) notified the Tennessee Department of Transportation (TDOT) that 2016 Tennessee Public Chapter No. 1030, which passed overwhelmingly during the 2016 legislative session, signed by the governor, and actually strengthened penalties for DUI offenders aged 18 to 20, 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.
All 11 members of the bipartisan Tennessee congressional delegation urged U.S. Secretary of Transportation Anthony Foxx to work with Governor Haslam and state officials to find a solution. 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.
Governor 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.