The Smithville Police Department is preparing to crack down on illegal gambling devices in the city.
In a news release, Chief Richard Jennings says “I have received several complaints from citizens in our community about illegal gambling devices in certain business establishments within the city limits of Smithville.”
“I contacted the District Attorney General’s Office and asked for a clarification of TCA code (state law) on possession of illegal gambling devices and their recommendation on the enforcement of the law. The Attorney General’s office recommended giving ten days notice of the police department’s intention to enforce TCA code 39-17-505 (Possession of gambling devices). I have decided to follow their recommendation.”
“On Friday, May 9th, the Smithville Police Department will begin the enforcement of this law.”
Under state law, “A person commits an offense who knowingly owns, manufactures, possesses, buys, sells, rents, leases, stores, repairs, transports, prints, or makes any gambling device or record.”
“Any gambling device or record is contraband and shall be subject to seizure, confiscation, and forfeiture in accordance with the forfeiture provisions, codified in Chapter 11, part 7 of this title.”
“After a gambling device or record has been forfeited to the state pursuant to chapter 11, part 7 of this title, the court hearing the criminal charges resulting in the forfeiture shall order the destruction of the device or record. If the district attorney general or law enforcement agency does not believe that a gambling device or record should be destroyed in a particular case, the district attorney general shall petition the court for an alternate disposition of the record or device. If the court finds that the proposed alternate disposition reasonably ensures that the device will not be used in an unlawful manner in this state, the court may grant the petition and order the disposition of the device or record in accordance with the petition.”
“Possession of gambling device or record is a Class B misdemeanor”.

A Sparta man was arrested last Tuesday by the Sheriff’s Department in a theft investigation.
Sheriff Patrick Ray says 19 year old Bill Wade Roberts of Hickory Valley Road, Sparta was charged with theft of property over $1,000.00. Roberts allegedly took three diamond rings, a pearl cluster ring, and other jewelry from a residence on Watercolor Drive in DeKalb County. Roberts is under a $10,000 bond and his court date is May 8th.
Meanwhile, on Saturday 31 year old Robert Nathan Hale of Lower Helton Road Alexandria was involved in a one car accident on Temperance Hall Road. After the wreck, Hale left the scene and went to his residence. Hale was arrested a short time later. Hale was issued citations for violation of the registration law and having no insurance on his vehicle. Hale’s bond was set at $3,500 and his court date is May 15th..

One hundred ninety two 5th grade students graduated from the DARE Program at Northside Elementary School last Tuesday.
Top Essay winners from each class were:
Ms. Bell’s Class- John Bradford
Ms. Raymond’s Class- Haley Davis
Ms. Wenger’s Class- Lenzi Dickens
Ms. Gottlied Class- Ashland Dillon
Ms. Day’s Class- Ale Maciel
Mr. Crockett’s Class- Rayanna Baker
Ms. Griffith’s Class- Lance Ball
The winner for the best essay from the Northside 5th Grade DARE Class was Destiny McCardell from Ms. Vance’s class. Destiny was presented a $50.00 check from General Sessions/Juvenile Court Judge Bratten Cook II, a certificate and pin, and the DARE mascot stuffed animal “Daren the Lion”.
Meanwhile forty two 5th grade students graduated from DARE at DeKalb West School on Wednesday.
Top Essay Winner for Ms. Watson’s class was Lydia Trail and the winner for the best essay from the DeKalb West School 5th Grade DARE Class was Bruce Wilson from Ms. Caplinger’s class. Bruce was presented a $50.00 check from General Sessions/Juvenile Court Judge Bratten Cook II, a certificate and pin, and the DARE mascot stuffed animal “Daren the Lion”
During the ceremonies at both schools’ Deputy/Dare Officer Tim Hearn admonished the students to always remember what they have learned about staying drug free. “Students by participating in today’s graduation ceremony, you will be joining millions of other DARE graduates who have taken the pledge to stay drug free and avoid violence. Your hard work and dedication in the DARE Program has provided you with life long skills needed to help you resist the use of drugs and avoid violence. Your commitment to remain drug free is something that no one can take from you. I challenge you now to take the knowledge and skills that you have learned throughout our time together and use them to remain true to your commitment to avoid drugs and violence.”
Director of Schools Mark Willoughby urged the students at both schools to have faith in law enforcement. “Law Enforcement officers are your friends and I challenge you, when you marry and have children, to teach your children to trust law enforcement officer’s. I also challenge you to stay drug free, it will make your life a whole lot easier.”
Sheriff Patrick Ray encouraged the students at both schools to resist peer pressure and strive to make good decisions. “D.A.R.E. is a cooperative effort made by the DeKalb County Sheriff‘s Department, DeKalb County School System, parents, and the community— all four working together to help you make the right choices concerning drug use. Over the last few weeks, Deputy Tim has taught you lesson plans on how to focus in four major areas: First, he has provided you accurate information about drugs, alcohol and tobacco; Second, he has taught you good decision-making skills. Third, he has shown you how to recognize and resist peer pressure And fourth, he has given you ideas for positive alternatives to drug use.”
“Deputy Tim has also shown you ways of positive self-esteem, and how to make positive decisions on your own. Through role-playing, lecture, question and answer, and use of the specialized D.A.R.E workbooks, you have been taught the negative consequences of drug use. I ask you today students, to take this valuable information and apply it to your lives, now, and forever.”

The State Senate has approved and sent to the governor major tort reform legislation aimed at weeding out meritless medical malpractice lawsuits. Medical malpractice costs have been a factor in pushing up the cost of health care nationwide. The Department of Commerce and Insurance Annual Reports on Medical Malpractice have shown that more than 80% of the lawsuits filed in Tennessee lack sufficient merit to proceed.
“This is a significant reform bill,” said Senate Judiciary Committee Chairman Mae Beavers (R-Mt. Juliet). “I am hopeful that it will help curtail the spiraling cost of health care. It will also help restore confidence in providers that they can invest in their patients’ care rather than lawsuits.”
Last year the legislation was heard in the Senate Judiciary Committee and passed the Senate, but it hit roadblocks in the House of Representatives regarding which medical experts can testify in malpractice trials, called the “locality rule.” The bill was deferred until this year after an agreement could not be reached before the close of the 2007 legislative session. That provision has now been removed from the bill.
Key provisions in the bill include:
Notice would be provided at least two months before a lawsuit is filed to help resolve the case before it goes to court.
It sets up a process requiring pre-filing notification to each medical provider who may be named in a medical malpractice action at least 60 days prior to filing a complaint.
It contains a notification requirement to require attorneys to have an independent medical expert evaluate the merits of a case before filing suit.
The bill establishes that all parties are entitled to the plaintiff’s medical records within 30 days of a request for the records.
It requires that within 90 days after a complaint is filed the plaintiff’s attorneys would have to attest that they have consulted with a medical expert who is competent to testify in a Tennessee court and has reviewed the medical records or any other pertinent information.
Medical experts must declare that there is a good faith basis to maintain the malpractice action, and the defendant is responsible for following a similar procedure when alleging that a non-party is responsible.
Sponsors of the bill have been working on the legislation since 2001. The medical malpractice liability act was last amended in 1975.
Legislation that maintains Tennessee’s dedicated road fund advanced last week with approval from the Senate Finance Committee. The bill would prohibit the diversion of gas tax money through the state’s budget, or appropriations bill, without authorization from separate legislation to assure full debate of the issue. Currently, the dedicated road fund can be diverted through a line in the appropriations bill, which is a much easier route to raid the funds.
“This bill would put our state back in the position we were before 2004 to keep the state from easily diverting gas tax money for other state government purposes,” said Senator Mae Beavers (R-Mt. Juliet). “The current law does not contain the appropriate checks and balances to ensure that any diversion of the funds is fully debated in our Transportation Committee, as it would in the normal legislative process.”
The Department of Transportation only spends the funds that are available through its dedicated revenues, gas taxes and highway user fees, and federal funding. Called “dedicated funding” since users pay for the roads through gas taxes and fees, a portion of the gasoline tax also goes to cities and counties in Tennessee to fund local roads. This dedicated revenue system was put into place when the gas tax was raised to fund the road program. Over the last five or six years, $280 million in road funds has been funneled from the gas tax to meet other state government expenditures.
“I certainly understand why the public is skeptical,” Beavers continued. “The people of Tennessee believe that this is a dedicated fund and they need to know that when they fill up heir gas tanks that 21.4 cents will be used for the purpose for which it was originally intended.”
Legislation had been approved to divert funds from many dedicated and reserve accounts to meet other expenses during the financial pinch in 2001. However, all other reserve or dedicated funds which were diverted to meet other expenses during the past financial crisis had been restored to the normal legislative process, except for the road fund.
“Our federal highway transportation fund is declining and the legislature must plan for future needs based on state revenues,” she added. “There is much concern regarding the future of the gas tax due to the rising cost of gasoline, could erode Tennessee’s ability to provide the repairs and infrastructure needed for the state’s road system.”
“It is very important that we keep our dedicated road fund intact in order to maintain our road system at a time when road money is declining,” she continued. “This is now catching up with us as our communities are growing and we don’t have the road money to keep up with transportation demands.”
The Senate Finance Committee has voted to begin the process for divesting Tennessee’s pension fund from having any holding with companies that have substantial operations in nations determined by the U.S. State Department to be state-sponsors of terrorism. The bill requires the state’s Treasurer to compile a list of the investments with ties to terrorist countries. Sponsors say it is a step towards implementing a policy to instruct the executive director to divest of those holdings.
Growing concern over genocide in Sudan and countries that sponsor terrorism has prompted state legislatures across the nation to consider actions to limit or eliminate state investments in firms doing business with such countries. Twenty-four states have already adopted policies of divestment from Sudan. Tennessee has a $32 billion pension fund which serves state employees, public school teachers, and many local government employees.
Issues in Brief
Drunk Driver Registry – Members of the Finance Committee approved a bill to create a registry of persons who have two or more DUI convictions with the Tennessee Bureau of Investigation, similar to that of the Sex Offender Registry. The offender would be placed on the Registry if their license has been revoked or suspended due to a drunk driving offense. Their name would be removed if their license is reinstated, within 45 days. The Registry would serve as a strong deterrent to driving under the influence and would make drunk drivers think about the consequences of their actions. In 2006, there were 1,287 fatalities on Tennessee roads with 509 due to alcohol-related crashes.
Handguns – The full Senate has approved a bill that changes present law by making it a Class E felony for a person who has been convicted of any felony to possess a handgun. The bill broadens the Class E felony offense of unlawful possession of a handgun to include a person with any prior felony conviction.
Notary public – The State Senate gave approval to legislation this week to require any person who is a notary public to be a U.S. citizen or legal permanent resident. The bill now goes to the governor for his signature.
Consumers – The Senate has passed legislation to amend the Tennessee Consumer Protection Act to protect citizens from businesses who might misrepresent the geographic location of a business. The bill applies to businesses that misrepresent their location in the local telephone directory or on the Internet.
Multi-Modal Transportation – The Senate Finance Committee approved legislation this week to provide for greater coordination of transportation services through the Department of Transportation’s multi-modal transportation system. The measure aims to provide efficiency between the various departments utilizing transportation services to stop duplication of efforts.
Sex offenders – The full Senate has voted to approve legislation that would provide that if a sex offender changes names or provides a different name than is listed on their original registration form, they must report all names to the registry. The bill would make it clear that sex offenders cannot change their name to skirt the law regarding sex offender registry requirements.
Sanctuary Cities — The Senate State and Local Government Committee has approved legislation to cut off economic and community grant money to any Tennessee city that might declare itself a “sanctuary city” for illegal aliens. A sanctuary city is a term given to a city in the United States that follows certain practices that protect illegal aliens. Thirty-eight cities in the U.S. have been recognized as sanctuary cities. However, many sources have identified over 200 city or county governments nationwide as having practiced such policies. The bill is a preemptive strike to guard against adoption of any policy by cities in the state to provide a sanctuary for illegal aliens in Tennessee.
DUI fines — Legislation that would increase DUI fines by $250 has been approved by the Senate Finance Committee last week. Part of the money would be kept in the local communities where the crime occurred for housing offenders, while the other half would be used for alcohol or drug addiction treatment. The bill is expected to provide $1.5 million to the state and $1.5 million to local governments.

With a commitment to the health and well-being of every student in the state, the Tennessee Department of Education announced today the establishment of new rules that will ensure each student athlete is at the top of their game both physically and as a well-rounded student.
A new State Board of Education rule will require athletes entering the seventh and ninth grade for the 2008-09 school year to have a complete health maintenance exam also known as a “well-child check” or Early Periodic Screening, Diagnosis, and Treatment (EPSDT) exam prior to sports participation.
“Improving and ensuring the health of every student, so they can focus on their most important job of learning, is one of our single biggest priorities,” said Tim Webb, Acting Education Commissioner.
The health maintenance exam includes a thorough history, a physical exam, screening for hearing and vision, laboratory tests, immunizations and age-appropriate education. It also covers all the items needed so athletes can be cleared for participation in sports.
These exams are different from typical sports physicals, which do not address the behavioral, emotional and psychosocial topics covered during a comprehensive health maintenance exam. When the complete health exam is substituted for a sports physical, there is increased opportunity to address issues vital to a student’s health.
“Given the number of chronic health problems rooted in childhood, it is important to tackle these problems early and this exam provides a venue to address these areas,” said Dr. Veronica Gunn, Chief Medical Officer of the Tennessee Department of Health.
Students may obtain the comprehensive exam from their primary care provider, or if a child is uninsured, parents can inquire about eligibility for other health care programs like TennCare at www.state.tn.us/tenncare or Cover Kids at www.covertn.gov/web/cover_kids.html. Detailed information on this physical can be found at the Department of Health’s Web site: http://health.state.tn.us/sportsphysical.

Three people were involved in a one car crash around 8:00 p.m. Thursday night on Highway 56 south near the DeKalb/Warren County line.
Trooper Brian Raymond of the Tennessee Highway Patrol says 30 year old Lisa Porterfield of Dowelltown was driving south in a 1996 Honda Accord when she ran off the southbound lane and hit a ditch.
Porterfield and a passenger, 24 year old Roxanna Landis of Smithville were airlifted by a Life Force helicopter ambulance and flown to Erlanger Hospital in Chattanooga. Another passenger, 48 year old Timothy Stafford of Smithville was not injured.
Trooper Raymond says neither of the three was restrained in the vehicle.
Others on the scene included DeKalb EMS, the DeKalb County Volunteer Fire Department, DeKalb County Sheriff’s Department, and First Responders.