NASHVILLE - Tennessee lawmakers will have to make a detour from their fall political campaigns this month to repeal a new state DUI law that jeopardizes $60 million in federal highway funding.
Gov. Bill Haslam made the announcement Friday, telling reporters he was unable to resolve concerns earlier in the day during a telephone conversation with U.S. Transportation Secretary Anthony Foxx.
"Disappointingly, we found out [Friday] that the [U.S. Department of Transportation] is not going to work with us on that, and so to avoid putting the $60 million at risk we will be having a special session sometime in the next three weeks," Haslam said.
He later issued a proclamation calling for the "extraordinary" session and setting it to start on Sept. 12.
Tennessee's problems began with a law passed in April that sought to crack down on 18-, 19- and 20-year-old drivers who drive under the influence. But the feds said the new state law puts Tennessee out of compliance with their "zero tolerance" requirement and makes the state ineligible for about 8 percent, or $60 million, in federal highway funding.
Under federal rules, the maximum allowable blood-alcohol content for drivers under 21 is 0.02 percent.
Tennessee law raised that limit to 0.08 percent BAC for 18- to 20-year-olds. But it added tougher penalties for the violators. The 0.02 standard remained in place for drivers through age 17. The legal drinking age is 21.
The state must act prior to the beginning of the new federal fiscal year on Oct. 1. The post-Labor Day special session - Haslam thinks it may take three days to get a repeal through House and Senate committees and final chamber floor votes - comes as state senators and representatives head into the post-Labor Day general election campaign season.
The governor said the transportation secretary told him the department can't budge on its requirement.
Tennessee Transportation Commissioner John Schroer and state Attorney General Herbert Slatery have argued that other state statutes collectively provide that Tennessee continues to meet federal "zero tolerance" requirements.
Haslam said in his letter to lawmakers that "though we disagree with the United States' Department of Transportation's determination in this respect, I am asking that we address this situation with an extraordinary session because it is in the best interest of our state to ensure that we receive our full share of federal-aid highway funding in federal fiscal year 2017."
State Rep. William Lamberth, R-Cottontown, the former assistant prosecutor who sponsored the House DUI bill, said in a statement posted on twitter that his legislation was intended to hold young, adult offenders to the same high standard faced by other adults.
"I have spent my entire professional career fighting to improve the safety of our highways and will not stop now," Lamberth said. "I find it abhorrent that federal bureaucrats are holding us hostage with our own money and pretend to know what will keep Tennesseans safe."
While saying he is "sorry that passage of the legislation caused a Special Session," Lamberth said he "will never stop fighting for the right of Tennessee to make our own decisions and for those decisions to improve the safety of our great state."
Minority Democrats, meanwhile, are having a field day. They've sought to lay blame for Tennessee's predicament on House Speaker Beth Harwell, R-Nashville, saying her management of the chamber and problems with the accelerated pace of the annual legislative session and inadequate staffing of a panel tasked with reviewing costs of legislation directly led to the mistake and the crisis.
Earlier this week, Harwell issued a statement saying she had addressed concerns and implemented recommendations to boost staffing for the Fiscal Review Committee.
Some Democrats, meanwhile, are also questioning why Republicans are so eager to save the $60 million in federal highway funding in a special session even as they ignore a situation where Tennessee is losing up to $2.5 billion in federal funds for Medicaid expansion by refusing to act on Haslam's proposed Insure Tennessee expansion.
State Rep. John Ray Clemmons, D-Nashville, said that while it's "imperative" to "fix the DUI law's "snafu if we are going to convene to ensure the collection of $60 million for roads, you would think we would do the same to collect over $2.5 billion for health care."
And Senate Democratic Caucus Chairman Jeff Yarbro, D-Nashville, said lawmakers should take up yet another issue during the special session - state Insurance Commissioner Julie McPeak's approval of insurance rate hikes of up to 62 percent for Tennesseans on Obamacare health insurance exchanges.
"When Tennessee's insurance premiums are rising higher and faster than everywhere else in the nation, it should be imperative for the legislature to take action," Yarbro said in a statement. "The Governor is practically declaring an emergency over lost road funds. We should show the same sense of urgency for the families and small business owners whose access to affordable health care is at risk."
Earlier this summer, Democrats also clamored for a special session to put the boot to disgraced state Rep. Jeremy Durham, R-Franklin.
Slatery conducted an investigation at the request of a special committee created by Harwell, and his probe found 22 women who said the 32-year-old Durham made inappropriate comments or sexually harassed them.
Durham refused to resign, although he suspended his reelection campaign and lost his seat. However, the two-term lawmaker doesn't leave office until Nov. 8 - at which time he will qualify for a lifetime pension. Meanwhile, The Tennessean newspaper has reported that federal authorities are asking questions about Durham's campaign finances based on issues raised during Slatery's probe.
Asked earlier by reporters whether Durham would be added to his special session call, the governor said it would be up to the House and Senate to decide that.
"That's not our role," said Haslam, who has been critical of Durham and has repeatedly called on him to resign.
Contact staff writer Andy Sher at asher@timesfreepress.com or 615-255-0550. Follow on Twitter @AndySher1.