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from the Tennesseean
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http://www.tennessean.com/government/archives/03/04/30996473.shtml?Element_ID=30996473
West under fire for bills to ease gun controls
By DUREN CHEEK
Staff Writer
Briley dismisses the proposed laws as political tricks
State Rep. Ben West is a man with legislation to take care of his friends — gun bills, legislation regulating limousine and funeral escort services, a 10-line bill that would cost Metro taxpayers $73 million — to name a few.
More than one of the 66 bills West is sponsoring this year would benefit private security companies such as the one he owns.
The way the longtime Hermitage lawmaker sees it, if the bills kick up a little controversy along the way, that's just part of the program.
West, described by critics as the poster child for the National Rifle Association and the Tennessee Firearms Association, is sponsoring 22 bills this session that deal in some way with firearms.
At least one relaxes the state's conceal-and-carry gun law. Another reduces the application and processing fee from $115 to $50, at a cost to the state of $1.6 million, the legislature's fiscal review director estimates.
Some of the others would allow people with a concealed-weapon permit to carry their guns into establishments where alcoholic beverages are served, if they don't partake. Another would let them carry a loaded shotgun, rifle or other firearm anywhere they can take a handgun.
Still another would close all gun-permit records to the public, but security companies could continue to get the information for their private use. West said that would treat gun permits the same way a driver's license information is handled.
West owns an armored truck service, a security guard service and an automated-teller machine service.
West's funeral escort bill would allow only licensed security guard companies to provide funeral procession escort services, although the bill was amended to allow funeral homes to use their own employees. The bill is scheduled for a vote in the House Calendar Committee today.
West said last week he will not benefit from the bill because his company does not provide funeral escorts and he has no plan to add that to his business.
House Speaker Pro Tem Lois DeBerry, D-Memphis, said she will oppose moving the bill to the House floor for a vote, in part because of a letter she received from Joe Kelly of State-Wide Funeral Escort Service of Brentwood.
In the letter, Kelly wrote that he thinks West's motives are ''personal and unjust.'' Even if West does not go into the funeral escort business, Kelly wrote, ''he has associates in this field that will benefit from this.''
''I feel my company as well as employees of funeral homes do a good job and are more sensitive to a family's need, due to our specialization and concentration in one area of service.''
The bill would require funeral escort services to get $600,000 in liability insurance and pay $300-$600 to buy a license, depending on the number of employees in the company.
House Majority Leader Kim McMillan, D-Clarksville, who heads the House Ethics Committee, said the only law on the books that prohibits legislators and other public officials from conflicts of interest applies to their involvement with companies that have government contracts.
''There is nothing that says that, as a legislator, I can or can't be an officer of a corporation that does business in the private sector.'' She noted that public officials must disclose their potential sources of income.
In 1985, state Attorney General Michael Cody issued an opinion that defined conflict of interest ''as the use of public office to advance private interests at the expense of public interest.''
During hearings on his gun bills last week, West was peppered with pointed questions from Rep. Rob Briley of Nashville and accused Briley of not respecting gun-permit holders.
Briley says West, a fellow Democrat, is a lackey for gun-enthusiast organizations.
''What I think he is doing is, he is hooked up with the NRA and the Tennessee Firearms Association. The NRA, in my opinion, stands for the National Republican Association. You don't see them help any Democrats.
''I think he is bringing these bills in part to make us vote them down. He has no realistic expectation that they are going to pass. He is trying to set Democrats up to take a fall because he gets some thrill out of that.''
West said Speaker Jimmy Naifeh brought up the gun bills at a meeting of the House leadership on Monday.
''I said, 'We are going to try to run them, Mr. Speaker.' He said, 'I'm for you.' So from that standpoint, Mr. Briley's words do not make sense. I am not trying to embarrass anybody by running the bills.''
West was the author last year of legislation that would prohibit Metro government from reducing an employee's disability pay because they earned more than a certain amount from employment outside Metro government.
Officials estimated then that the legislation, which would have benefited West's wife, Phyllis, would have cost Metro taxpayers $61 million.
Despite publicity last year, West filed the bill again this year. Metro officials said it would cost $73 million if adopted.
Billy Lynch, Metro director of human resources, said West's wife would not be affected by the legislation now because she is no longer receiving a disability pension. She worked in Metro's Human Resources Department at a salary of $59,637 a year until August 18, 2001, and began drawing $28,717 year in disability pay.
She changed to a service pension April 1, 2002, according to Metro records.
West said he sponsored the bill at the request of retirees but does not plan to try to push it through the legislature this year. He did not attend a meeting yesterday of the Council on Pensions and Insurance to try to advance the legislation.
''I'm not going to run it because I don't have my act together,'' West said. ''I really don't have all the information I need on that bill to run it.''
The $73 million estimate comes from Metro's actuarial consultants, Bryan, Pendleton, Swats and McCallister, which is also a consultant for the state.
© Copyright 2003 The Tennessean
