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Tuesday, April 1, 2008 , 12:00 a.m.

Guard AWOL bill sent to governor

NASHVILLE — The House sent to the governor legislation on Monday that would boost jail time and fines for nonfederally activated Tennessee National Guard members who are absent without leave.

The bill, sponsored by Rep. Richard Floyd, R-Chattanooga, passed on a 96-0 vote.

The legislation would increase the penalty for being AWOL from a Class C misdemeanor, which carries penalties of up to 30 days in jail and a $50 fine, to a Class B misdemeanor, punishable by jail time of up to six months and fines of up to $500.

“When was the last time this was a problem in the National Guard?” asked Rep. John Litz, D-Morristown.

“We had 24 cases since 2002 in Hamilton County alone,” Rep. Floyd said.

Rep. Floyd has said previously he brought the absent-without-leave legislation because Hamilton County judges discovered they were handing out stricter punishments to offenders than permitted under state law. Originally, the bill would have permitted judges to sentence someone guilty of AWOL to 11 months and 29 days in jail and levy up to $2,500 in fines. But senators, who acted earlier on the bill, balked.

The bill would apply only to nonfederally activated guardsmen. Federally-activated members are dealt with under the federal Uniform Code of Military Justice, according to lawmakers.

Efforts to contact a Bredesen spokeswoman Monday afternoon about the bill were unsuccessful.

In other action:

n On a 96-0 vote, the House sent to the governor a bill that would give residents of assisted living facilities more leeway to remain if they are under hospice care.

“If the physician feels it’s appropriate to remain there, then they can remain there,” said the bill’s sponsor, Rep. JoAnne Favors, D-Chattanooga.

The bill, which previously passed the Senate, states that the hospice provider and assisted living facility are jointly responsible for developing a plan of care.

n House members approved an amended version of a bill designed to eliminate conflicts of interest for state and county election commissioners by prohibiting them from taking leadership roles in local, state or federal campaigns.

As originally drafted, the bill by Rep. Bill Dunn, R-Knoxville, stated state or county election commissioners could not serve in any leadership or management role in a political party or campaign. It also would have barred an election commissioner from making a “public endorsement” of a candidate or letting his or her name be used in an endorsement capacity by a campaign.

But as amended, the bill only would prohibit election commissioners from serving as campaign managers, House State and Local Government Committee Chairman Ulysses Jones, D-Memphis, said in response to questions raised by Rep. Gerald McCormick, R-Chattanooga.

Rep. Dunn brought the bill at the request of Wes Kliner, of Chattanooga, a former state and Hamilton County election commissioner.

At least two current Hamilton County Election Commission members have held leadership roles in campaigns. Republican Bart Quinn directed two campaigns of Sen. Bo Watson, R-Hixson, and Republican Mike Walden served as a treasurer in then-Hamilton County Sheriff John Cupp’s election campaign.

As amended, Mr. Quinn could no longer manage a campaign. But, according to Rep. Dunn, election commissioners such as Mr. Walden still could serve as treasurers.

The bill has been sent to a Senate subcommittee, and it is unclear whether the sponsor, Sen. Dewayne Bunch, R-Cleveland, will seek to move it.

AWOL BILL

The bill would boost penalties for non-federally activated Tennessee National Guard members who go AWOL. Punishments would go from the current maximum of 30 days in jail and a $50 fine to up to six months in jail and up to $500 in fines.

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