Gov. Lee Signs Bipartisan Transportation Modernization Act into Law

Tennessee’s governor signed into law a bipartisan bill on Monday that lawmakers say will provide billions of taxpayer dollars to fix roads, address traffic congestion and help meet transportation needs for rural Tennesseans.

The Transportation Modernization Act will “invest $3.3 billion to accommodate Tennessee’s record growth,” according to Gov. Bill Lee’s office.

“The plan will give the Tennessee Department of Transportation (TDOT) the resources needed to solve the state’s current and future mobility challenges, including seeking the use of public-private partnerships to preserve state funds for rural infrastructure priorities, exploring Choice Lanes to decrease congestion and increase economic impact statewide, and expanding the alternative delivery model to save taxpayer dollars and deliver road projects more efficiently,” a Monday press release said.

Lee celebrated the new law.

“As families and businesses move to Tennessee in record numbers, we need a transportation plan to keep up with the pace,” he said. “Our strategy will meet our state’s transportation needs across rural and urban communities, without new taxes or debt. I commend the General Assembly for its partnership to prepare Tennessee for continued growth and economic opportunity.”

So did Lt. Gov. Randy McNally.

“I am tremendously grateful to Governor Lee and my colleagues in the Senate and House for confronting our infrastructure challenges head on,” McNally said. “This legislation will have a positive effect on our congestion issues without abandoning our pay-as-you-go funding system or increasing the tax burden on our citizens. How quickly and efficiently people and goods can move across the state is directly related to our economic success. Improved transportation and infrastructure mean more jobs and that’s a good thing for Tennessee.”

Over the past week, Lee has faced criticism from his conservative constituents after he called for “Red Flag Laws” to be drafted and passed through the state legislature.

The governor referred to the “Red Flag Laws” as “Order of Protection Laws.”

Such laws would allow for the government to confiscate weapons from law-abiding citizens in the event that a government official decided that that person was a threat to themselves or others – a subjective assessment that critics of such laws say could lead to government overreach.

One of those critics is John Harris, the executive director of the Tennessee Firearms Association (TFA).

Harris told The Tennessee Star last week that if Lee’s proposed “Order of Protection Law” was enacted, it would likely be unconstitutional.

He told The Star:

It is clear that any of the general proposals that Governor Lee or that some Legislators have “floated” as possible laws to seize firearms from individuals that the government feels are a risk to themselves or others present serious constitutional problems under the Second Amendment and the United States Supreme Court’s decision in New York State Rifle and Pistol Association v. Bruen. In Bruen, the United States Supreme Court made clear that if the activity, such as personal ownership or possession of a firearm, is within the scope of the Second Amendment’s protections, then the burden is on the government to prove that a proposed (or existing) law is consistent with the “nation’s historical tradition” for firearms regulation as of the time that the Second Amendment was adopted, which is 1791.  Absent a showing that the proposed law would be consistent with the 1791 national tradition of regulation, the proposed law would be unconstitutional today. Governor Lee has not met that burden and has made not public effort to do so.

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Pete D’Abrosca is a reporter at The Tennessee Star and The Star News Network. Follow Pete on Twitter.
Photo “Gov Bill Lee Bill Signing” courtesy of Gov Bill Lee‘s office.