ON APRIL 8, 2024, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 2636, AS AMENDED.
AMENDMENT #1 rewrites the bill to enact the "Tennessee Prevention of Drunk Driving Act," as described below.
TASK FORCE
No later than September 1, 2024, this amendment requires the speaker of the senate and the speaker of the house of representatives to establish an advisory task force to review impaired driving and boating in Tennessee. The task force must be composed of 12 members, six members to be appointed by the speaker of the senate and six members to be appointed by the speaker of the house of representatives.
This amendment requires the task force to study current levels of impaired driving in this state and ways to reduce impaired driving, repeat offenders, and underage offenders. The task force may request and receive assistance from any department, agency, or entity of state government, upon request from the chair. The task force must invite members of the community who have relevant knowledge to testify before the task force.
REPORT
This amendment requires the task force to submit a report of its findings and recommendations, including any suggested legislation, to the general assembly and the governor no later than December 1, 2025.
INVESTIGATION
This amendment requires a law enforcement officer investigating a motor vehicle accident resulting in the death of a person, and having probable cause to believe that an operator of a motor vehicle involved in the accident was driving under the influence of alcohol, to investigate whether the operator was served alcoholic beverages or beer at an establishment licensed to sell alcoholic beverages or beer. The alcoholic beverage commission ("commission") must be notified of the investigation within 48 hours of the incident.
BIENNIAL REPORT
Beginning in 2025, this amendment requires the commission to submit to the members of the general assembly, by February 15 of each odd-numbered year, a biennial report to prevent underage drinking, drunk driving, and other harmful uses of alcohol. The report must include, but is not limited to, data collected relating to (i) current statistics of violations issued by the commission; (ii) current levels of alcohol-related traffic crashes and boating crashes resulting in death, injury, and property loss within this state; (iii) current levels of alcohol-related arrests for driving or boating under the influence within this state; (iv) current levels of alcohol recovery and treatment admissions within this state; (v) current levels of alcohol-related hospitalizations and alcohol-related emergency room visits within this state; (vi) current levels of alcohol-attributable deaths within this state; (vii) current programs conducted by state agencies to prevent underage alcohol consumption and other high-risk alcohol consumption within this state; and (viii) prevention recommendations for underage alcohol consumption and other high-risk alcohol consumption.
This amendment requires all appropriate state departments and agencies to assist the commission with the report required by this section. The commission must produce the report within the existing resources of the commission. Upon request, copies of the report must be provided to other public officials, public agencies, and the public. Electronic copies must be distributed to all members of the general assembly.
PERMIT RENEWAL
Present law regarding intoxicating liquors requires each employee and server permit to be valid for five years. Applications for renewal must be made in the same manner as applications for original permits upon forms prescribed by the commission. Employee and server permits are not transferrable. This amendment deletes these provisions and, instead, provides that beginning January 1, 2025, each server permit is valid for two years and each employee permit is valid for five years. Employee and server permits issued prior to January 1, 2025, will expire five years from their issuance date.
REPORTS, STRATEGIC PLAN, OR RECOMMENDATIONS
This amendment requires the impaired driving advisory council (IDAC) of the Tennessee highway safety office to submit to the members of the general assembly by December 1 each year all reports, strategic plans, or recommendations to reduce impaired driving in Tennessee.