(Updated May 1, 2012)
Bills of interest to the Tennessee legal community
To gain more information between updates, visit the General Assembly's web site.
There you'll also find contact information on each senator and representative.
Agriculture - 1
| Category |
Agriculture |
| Sponsors |
Rep. Joe Towns Jr. |
| Description |
Enacts the "Genetically Engineered Food Labeling Act." Requires food from defined categories that is sold, distributed in, or from this state to bear a plainly visible label created by the department of agriculture that contains the words "genetically engineered." Defines genetically engineered. Prohibits the sale of genetically engineered food with misleading labels. |
| Fiscal Note |
(Dated: March 10, 2012) Increase state expenditures - $206,000/one-time. $187,700/Recurring.
|
| Senate Status |
None |
| House Status |
02/01/2012 - Referred to House Agriculture Subcommittee. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 47, Chapter 18 and Title 53, relative to food labeling requirements. |
Banking & Credit - 10
| Category |
Banking & Credit |
| Sponsors |
Sen. Mark S. Norris / Rep. Gerald McCormick |
| Description |
Authorizes commissioner of financial institutions to establish a fee for conducting off-site investigations of any mortgage lender, mortgage loan broker, mortgage loan servicer, or mortgage loan originator. (Part of Administration Package 2012) |
| Fiscal Note |
(Dated: January 28, 2012) Increase state revenue - $94,900.
|
| Senate Status |
02/16/2012 - Senate passed. |
| House Status |
03/28/2012 - House passed. |
| Executive Status |
04/13/2012 - Enacted as Public Chapter 0729 effective April 11, 2012. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 45, Chapter 13, relative to the regulation of mortgage lenders, mortgage loan brokers, mortgage loan servicers and mortgage loan originators. |
| Category |
Banking & Credit |
| Sponsors |
Sen. Mark S. Norris / Rep. Gerald McCormick |
| Description |
Revises various provisions governing deferred presentment services. Changes the time frame which a license is effective through after issuance from fiscal year ending September 30 to year ending December 31. Requires licensee to notify department of financial institutions five days before any change in the licensee's principal place of business, branch office or name. Changes other provisions regarding qualifications for licensure. Authorizes commissioner of financial institutions to require persons subject to Deferred Presentment Services Act to be licensed through a multi-state automated licensing system. (Part of Administration Package 2012) |
| Amendment |
Senate amendment 1 (01277963) makes technical corrections, including changing "duties" to "powers" where incorrectly referenced and adding "that is operated and participated in pursuant to this chapter" where the bill refers to a multi-state automated licensing system. Limits participation in a multi-state licensing system to those individuals required to under this part. |
| Fiscal Note |
(Dated: January 19, 2012) Not significant.
|
| Senate Status |
02/16/2012 - Senate passed with previously adopted amendment 1. |
| House Status |
03/19/2012 - House passed. |
| Executive Status |
04/10/2012 - Enacted as Public Chapter 0679 effective April 4, 2012. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 45, Chapter 17, relative to deferred presentment services. |
| Category |
Banking & Credit |
| Sponsors |
Sen. Mark S. Norris / Rep. Gerald McCormick |
| Description |
Specifies that the limits on loans to any one borrower must take into consideration credit exposure arising from derivative transactions between the state bank and the borrower. (Part of Administration Package 2012) |
| Fiscal Note |
(Dated: January 16, 2012) Not significant.
|
| Senate Status |
02/13/2012 - Senate passed. |
| House Status |
03/15/2012 - House passed. |
| Executive Status |
04/03/2012 - Enacted as Public Chapter 0634 effective March 30, 2012. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 45, Chapter 2, relative to the regulation of state banks. |
| Category |
Banking & Credit |
| Sponsors |
Sen. Bill Ketron / Rep. Charles M. Sargent |
| Description |
Redefines a qualifying organization in regard to credit card state banks as employing 200 Tennessee residents rather than 100. |
| Fiscal Note |
(Dated: February 8, 2012) Not significant.
|
| Senate Status |
01/23/2012 - Referred to Senate Commerce, Labor & Agriculture. |
| House Status |
01/25/2012 - Referred to House General Subcommittee of Commerce. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 45, Chapter 2, Part 19, relative to credit cards. |
| Category |
Banking & Credit |
| Sponsors |
Sen. Beverly Marrero / Rep. Mike Stewart |
| Description |
Requires persons licensed pursuant to the Deferred Presentment Services Act to file an annual report containing specified information with the commissioner by October 1st of each year, instead of by September 1st. |
| Fiscal Note |
(Dated: February 7, 2012) Not significant.
|
| Senate Status |
03/20/2012 - Senate Commerce, Labor & Agriculture deferred to 03/27/2012. |
| House Status |
03/21/2012 - Taken off notice in House General Subcommittee of Commerce. |
| Caption |
AN ACT to amend Tennessee Code Annotated, relative to banks and financial institutions. |
| Category |
Banking & Credit |
| Sponsors |
Sen. Beverly Marrero / Rep. Mike Stewart |
| Description |
Increases the civil penalty a person must pay to the commissioner of financial institutions for violations of the Deferred Presentment Services Act from $1,000 to $2,000 per violation or per day a violation occurs and continues. |
| Fiscal Note |
(Dated: March 11, 2012) Not significant.
|
| Senate Status |
03/20/2012 - Senate Commerce, Labor & Agriculture deferred to 03/27/2012. |
| House Status |
03/21/2012 - Taken off notice in House General Subcommittee of Commerce. |
| Caption |
AN ACT to amend Tennessee Code Annotated, relative to banks and financial institutions. |
| Category |
Banking & Credit |
| Sponsors |
Sen. Jack Johnson / Rep. Jim Gotto |
| Description |
Grants the commissioner of financial institutions the power to enforce any provision of title 47, regarding commercial instruments and transactions, against any entity regulated by the commissioner. |
| Fiscal Note |
(Dated: March 28, 2012) Increase state expenditures - $30,200/one-time/DFI. $1,734,100/Recurring/DFI.
|
| Senate Status |
01/30/2012 - Referred to Senate Commerce, Labor & Agriculture. |
| House Status |
02/01/2012 - Referred to House General Subcommittee of Commerce. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 45 and Title 47, relative to consumer protection. |
| Category |
Banking & Credit |
| Sponsors |
Sen. Mike Faulk / Rep. Jeremy Faison |
| Description |
Requires anyone who buys real estate sold for delinquent taxes to record a copy of the judicial decree that ordered the sale. |
| Amendment |
House amendment 1 (01316763) deletes all language after the enacting clause. Requires that all individuals with any control over a private trust company are related within the tenth degree of affinity or consanguinity to the designated ancestor, as defined under this bill, or lineal descendants of the original owners of a private trust company. Prohibits a private trust company from transacting business with a corporation, limited liability company, charitable lead trust, charitable remainder trust, charitable organization, or other company that is not 100 percent owner or 100 percent controlled by one or more family members. Requires a statement under oath of the name of the individual who will be the designated ancestor of a private trust company requesting an exemption from provisions of the Banking Act. Specifies that a transfer of control of an exempt private trust company, whether the transfer is direct or indirect, inter vivos, or a result of death, will not constitute a change of control that would result in termination of private trust company's exempt status. |
| Fiscal Note |
(Dated: February 15, 2012) Not significant.
|
| Senate Status |
04/05/2012 - Senate passed. |
| House Status |
03/26/2012 - House passed with amendment 1. House amendment 1 (01316763) rewrites the bill. Expands the definition of "family member" to include up to the tenth generation related to the original owners of a private trust company. |
| Executive Status |
04/26/2012 - Enacted as Public Chapter 0793 effective April 23, 2012. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 45, Chapter 2, Part 20, relative to private trust companies. |
| Category |
Banking & Credit |
| Sponsors |
Sen. Jim Tracy / Rep. Jon Lundberg |
| Description |
Prohibits lenders from entering into a legal funding transaction with another person. Specifies that legal funding transactions are transactions in which a person or entity provides funds to another person involved in a legal action and the person receiving the funds assigns to the person or entity the contingent right to receive a part of the proceeds or the legal action's settlement or award. Voids contracts resulting from such transactions. Specifies that a violation of this section constitutes a violation of the Consumer Protection Act of 1977. |
| Fiscal Note |
(Dated: February 28, 2012) Not significant.
|
| Senate Status |
01/30/2012 - Referred to Senate Commerce, Labor & Agriculture. |
| House Status |
02/01/2012 - Referred to House General Subcommittee of Commerce. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 45 and Title 47, Chapter 18, relative to consumer protection. |
| Category |
Banking & Credit |
| Sponsors |
Sen. Bill Ketron / Rep. Joe Carr |
| Description |
Establishes a $25 fee for a customer to complete a wire transfer to a foreign country. Requires the department of revenue to administer the collection process, which is due each month. Established a crime prevention fund for the money collected to be used by the TBI. |
| Fiscal Note |
(Dated: February 23, 2012) Increase state revenue - $1,046,800/FY12-13/Department of Revenue. $103,629,700/FY12-13/Crime Prevention Fund. $2,093,500/FY13-14 and subsequent years/Department of Revenue. $207,259,300/FY13-14 and subsequent years/Crime Prevention Fund. Increase state expenditures - $1,046,800/FY12-13/Department of Revenue. $103,629,700/FY12-13/Crime Prevention Fund. $2,093,500/FY13-14 and subsequent years/Department of Revenue. $207,259,300/FY13-14 and subsequent years/Crime Prevention Fund.
Other Fiscal Impact - Recurring funds deposited to the Crime Prevention Fund will be earmarked and utilized by the Tennessee Bureau of Investigation for the purpose of programs designed to prevent and detect criminal activities.
|
| Senate Status |
02/01/2012 - Referred to Senate Commerce, Labor & Agriculture. |
| House Status |
01/25/2012 - Referred to House State & Local Government. House Government Operations will review if recommended. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 14, Part 9; Title 40, Chapter 33, Part 2; Title 45, Chapter 7, Part 2 and Title 67, Chapter 4, relative to certain fund transfers. |
Campaigns & Lobbying - 10
| Category |
Campaigns & Lobbying |
| Sponsors |
Sen. Stacey Campfield / Rep. Julia Hurley |
| Description |
Prohibits gifts to a member of the general assembly, the value of which exceeds $50.00, and which is also made available to the general public. Provides that the $50.00 limitation will increase to the nearest $1.00 amount to reflect the percentage of change in the average consumer price index. |
| Fiscal Note |
(Dated: January 14, 2012) Not significant.
|
| Senate Status |
01/12/2012 - Referred to Senate State & Local Government. |
| House Status |
02/01/2012 - Taken off notice in House General Subcommittee of State & Local Government. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 3, Chapter 6, relative to governmental ethics. |
| Category |
Campaigns & Lobbying |
| Sponsors |
Sen. Beverly Marrero / Rep. Mike Stewart |
| Description |
Establishes the "Main Street Recovery and Wall Street Accountability Act of 2012". Prohibits "Too Big to Fail" financial institutions that received TARP bailout funds from making campaign contributions to members of the Tennessee General Assembly. Specifies that this prohibition applies to a "Too Big to Fail" financial institution until the fifth anniversary of the date that the "Too Big to Fail" financial institution has paid back all bailout funds to the government institutions that provided them or January 31, 2018, whichever is later. Provides that no political action committee that provides campaign contributions to any elected official in the state of Tennessee shall accept financial support, directly or indirectly, from a "Too Big to Fail" financial institution that received TARP bailout funds until the fifth anniversary of the date that the "Too Big to Fail" financial institution has paid back all bailout funds to the government institutions that provided them or January 31, 2018, whichever is later. Requires the comptroller to evaluate the ongoing risk posed by "Too Big to Fail" financial institutions so that steps can be taken to insure that Tennessee taxpayers, retirees, and other investors are not put at risk in the future. |
| Fiscal Note |
(Dated: March 15, 2012) Increase state expenditures - $1,800/each one-day meeting.
|
| Senate Status |
01/18/2012 - Referred to Senate Government Operations. |
| House Status |
03/28/2012 - Taken off notice in House General Subcommittee of Commerce. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 2; Title 28; Title 38; Title 39; Title 40; Title 45 and Title 47 to enact the "Main Street Recovery and Wall Street Accountability Act of 2012". |
| Category |
Campaigns & Lobbying |
| Sponsors |
Sen. Stacey Campfield / Rep. Vance Dennis |
| Description |
Limits amount a candidate for state or local office may personally loan campaign to $100,000 per election but does not limit amount candidate may contribute to campaign. Creates voluntary spending limits for certain state and local candidates. |
| Fiscal Note |
(Dated: February 16, 2012) On February 11, 2012, a fiscal note was issued for this bill with a fiscal impact of Increase State Expenditures - $10,000/One-Time. Based on additional information received from the Registry of Election Finance, the fiscal impact has been corrected.
(CORRECTED)
Increase state revenue - $5,000/every other year. Increase state expenditures - $10,000/one-time.
|
| Senate Status |
03/20/2012 - Senate State & Local Government deferred to 03/27/12. |
| House Status |
01/31/2012 - Referred to House General Subcommittee of State & Local Government. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 2, Chapter 10, relative to campaign finance. |
| Category |
Campaigns & Lobbying |
| Sponsors |
Sen. Stacey Campfield / Rep. Vance Dennis |
| Description |
Limits amount a candidate to a state or local office may personally loan his or her campaign to $100,000 per election. Clarifies that this limitation does not apply to amount candidate may contribute to campaign. Creates voluntary spending limits for statewide candidates. |
| Fiscal Note |
(Dated: February 16, 2012) On February 11, 2012, a fiscal note was issued for this bill with a fiscal impact of Increase State Expenditures - $10,000/One-Time. Based on additional information received from the Registry of Election Finance, the fiscal impact has been corrected.
(CORRECTED)
Increase state revenue - $5,000/every other year. Increase state expenditures - $10,000/one-time.
|
| Senate Status |
03/20/2012 - Senate State & Local Government deferred to 03/27/12. |
| House Status |
01/31/2012 - Referred to House General Subcommittee of State & Local Government. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 2, Chapter 10, relative to campaign finance. |
| Category |
Campaigns & Lobbying |
| Sponsors |
Sen. Lowe Finney / Rep. Craig Fitzhugh |
| Description |
Creates Class C misdemeanor for any corporation or other business entity that receives state grants, bonds or tax credits that makes contributions to candidates for state or local public office or to PACs that contribute to state or local candidates during any two-year election cycle in which such grants, bonds or tax credits were received. |
| Fiscal Note |
(Dated: February 9, 2012) Not significant.
|
| Senate Status |
03/13/2012 - Senate State & Local Government deferred to 03/20/12. |
| House Status |
03/07/2012 - Taken off notice in House General Subcommittee of State & Local Government. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 2, Chapter 10, relative to contributions by certain corporations and business entities. |
| Category |
Campaigns & Lobbying |
| Sponsors |
Sen. Beverly Marrero / Rep. Mike Turner |
| Description |
Prohibits any person bidding on or awarded a state contracted from making contributions to a member of the general assembly or governor, or to a political campaign committee if such committee makes contributions to members of the general assembly or the governor. Requires those awarded contracts to wait six months following contract completion and those bidding to wait until receiving written confirmation their bid was rejected to contribute. |
| Fiscal Note |
(Dated: February 29, 2012) Not significant.
|
| Senate Status |
01/30/2012 - Referred to Senate State & Local Government. |
| House Status |
01/25/2012 - Referred to House General Subcommittee of State & Local Government. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 2 and Title 12, relative to campaign contributions by persons bidding on or who have been awarded state contracts. |
| Category |
Campaigns & Lobbying |
| Sponsors |
Sen. Lowe Finney / Rep. Craig Fitzhugh |
| Description |
Prohibits PACs from using any funds for anything other than a contribution or expenditure. Adds to definition of "contribution" monies received for defraying legal expenses an officeholder or candidate incurred in connection with an election or campaign. |
| Fiscal Note |
(Dated: February 8, 2012) Not significant.
|
| Senate Status |
03/27/2012 - Taken off notice in Senate State & Local Government. |
| House Status |
03/21/2012 - Taken off notice in House General Subcommittee of State & Local Government. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 2, Chapter 10, Part 1, relative to campaign finance. |
| Category |
Campaigns & Lobbying |
| Sponsors |
Sen. Mike Faulk / Rep. Art Swann |
| Description |
Allows registry of election finance to receive complaints with regard to certain campaign finance Class C misdemeanor offenses. |
| Fiscal Note |
(Dated: February 15, 2012) Other Fiscal Impact - Authorizes the Registry to impose additional civil penalties for violations of certain campaign finance Class C misdemeanor offenses. Since it is unknown the number of times the Registry will impose a civil penalty or the amount of the civil penalty that will be assessed, the increase in state revenue from the collection of such penalties cannot be quantified at this time.
Increase state expenditures - not significant.
|
| Senate Status |
03/27/2012 - Taken off notice in Senate State & Local Government. |
| House Status |
03/21/2012 - Failed in House General Subcommittee of State & Local Government. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 2, Chapter 19 and Title 2, Chapter 10, relative to administration and jurisdiction regarding certain election laws. |
| Category |
Campaigns & Lobbying |
| Sponsors |
Sen. Bo Watson / Rep. Glen Casada |
| Description |
Removes prohibition on insurance companies making campaign contributions, removes PAC aggregate limitation on candidates and deletes report requirement on contributions in excess of $5,000 for state office and in excess of $2,500 for local office made within 10 days of election. |
| Amendment |
House State & Local amendment 1 specifies that corporations would be allowed to contribute to campaigns at the same levels as individuals. |
| Fiscal Note |
(Dated: February 11, 2012) Not significant.
|
| Senate Status |
03/19/2012 - Senate passed. |
| House Status |
05/01/2012 - Withdrawn in House. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 2, Chapter 10 and Title 56, Chapter 3, relative to campaign finance. |
| Category |
Campaigns & Lobbying |
| Sponsors |
Sen. James F. Kyle Jr. / Rep. Mike Turner |
| Description |
Allows the registry of election finance to send notifications of requirements for filing disclosure statements to each member of the general assembly by email if that is the member's preferred means. |
| Fiscal Note |
(Dated: February 5, 2012) Not significant.
|
| Senate Status |
02/01/2012 - Referred to Senate State & Local Government. |
| House Status |
02/06/2012 - Referred to House General Subcommittee of State & Local Government. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 2, relative to the registry of election finance. |
Commercial Law - 10
| Category |
Commercial Law |
| Sponsors |
Sen. Thelma Harper / Rep. Mike Turner |
| Description |
Repeals the "Equal Access to Intrastate Commerce Act (PC 0278)," which defines "sex," for the purposes of the Tennessee Human Rights Act (THRA), as the designation of an individual as male or female as indicated on the individual's birth certificate. Prohibits local governments from imposing an anti-discrimination policy that changes the definition of discriminatory practices contained in the THRA or other types of discrimination prohibited by state law. |
| Fiscal Note |
(Dated: March 4, 2012) Not significant.
|
| Senate Status |
01/23/2012 - Referred to Senate State & Local Government. |
| House Status |
None |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 4-21-102, Title 7, Chapter 51, and Chapter 278 of the Public Acts of 2011 relative to deleting the "Equal Access to Intrastate Commerce Act". |
| Category |
Commercial Law |
| Sponsors |
Sen. Brian K. Kelsey / Rep. Vance Dennis |
| Description |
Requires the federal reserve weekly average prime loan rate to be used as the standard interest rate on judgments so long as such rate does not exceed 10 percent. |
| Amendment |
HOUSE AMENDMENT 2 (01687971) deletes from subsection (c) of the amendatory language of SECTION 1 the language "category of transaction" and substituting instead the language "categories of creditors, lenders or transactions". HOUSE AMENDMENT 3 (01536966) provides that for any judgment entered between July 1 and December 31, be equal to two percent less than the formula rate per annum published by the commissioner of financial institutions for June of the same year; or for any judgment entered between January 1 and June 30, be equal to two percent less than the formula rate per annum published by the commissioner of financial institutions for December of the prior year. SENATE AMENDMENT 2 (01687271) clarifies the language in the bill regarding the present law limits on rates. Under the bill, where a judgment is based on a statute, note, contract, or other writing that fixes a rate of interest within the limits of present law for that particular "category of transaction" or claim, the judgment must bear interest at the rate so fixed. This amendment replaces the language "category of transaction" with "categories of creditors, lenders or transactions". |
| Fiscal Note |
(Dated: February 9, 2012) Not significant.
|
| Senate Status |
05/01/2012 - Senate appoints conference committee consisting of Senator Berke, Senator Kelsey and Senator Tracey. |
| House Status |
05/01/2012 - House adopted the conference committee report. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 47, relative to interest on judgments. |
| Position |
Oppose |
| Comment |
TEG? NFIB? |
| Category |
Commercial Law |
| Sponsors |
Sen. Doug Overbey / Rep. Jon Lundberg |
| Description |
Brings the Uniform Commercial Code (UCC) into compliance with the model act proposed to the states by the Uniform Law Commission of the National Conference of Commissioners on Uniform State Laws (NCCUSL). Changes primarily include amendments to Article 9 regarding secured transactions. Adopts the "only-if" rule for individual debtors, which requires a financing statement to include the debtor's name exactly as it appears on his or her driver's license. Establishes guidelines for when a debtor is an organization including the requirement that, when the debtor is a registered organization or registered trust, the financing statement must include the name of the organization/trust as identified in the trust's organic records. If the trust is not a registered organization and no name is specified in its records, the financing statement must include the name of the settler or testator. Deletes extraneous information currently required on financing statements. Changes the term "correction statement" in TCA 49-9-518 to "information statement" and provides that the statement can be filed by a debtor when the debtor believes the financing statement was wrongfully filed, or by the secured party when it believes an amendment to its financing statement was not authorized. Provides greater protection for an existing secured party having a security interest in after-acquired property when the debtor relocates to another state or merges with another entity. Amends Article 1 of the Tennessee UCC to reinstate a previously enacted non-uniform section dealing with rules of construction of the entire UCC and the use of the UCC's Official Comments in disputes. The bill contains a number of technical changes and a set of transition rules. Adopts the uniform code effective date of July 1, 2013 (63 pp). |
| Amendment |
Senate amendment 2 (01396263) makes several corrections to drafting errors and reincorporates certain sections from the current law that were deleted in the original bill. Changes the effective date for the Secretary of State to make necessary changes to rules and forms for the implementation of this act to "upon becoming law" and keeps the effective date of July 1, 2013, for all other purposes. |
| Senate Status |
03/15/2012 - Senate passed with amendment 2. |
| House Status |
03/19/2012 - House passed. |
| Executive Status |
04/13/2012 - Enacted as Public Chapter 0708 effective April 11, 2012. (33 pages) |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 47, Chapter 1; Title 47, Chapter 2; Title 47, Chapter 2A and Title 47, Chapter 9, relative to the Uniform Commercial Code. |
| Category |
Commercial Law |
| Sponsors |
Sen. Jack Johnson / Rep. Vance Dennis |
| Description |
Makes extensive revisions to Tennessee Business Corporation Act. Updates provisions for electronic documents, transmissions and signatures, including standards for notice and receipt of documents. Addresses the issuance of options and other equity consideration. Establishes procedures for taking action, including election of directors, by written consent of shareholders rather than shareholders meeting. Creates procedures for conducing shareholders meeting. Establishes effective time for resignation of a director. Removes requirement that every corporation shall have a president and a secretary. Creates detailed standards and procedures regarding conflicting interest transactions. Limits shareholder lawsuits for conflicting interest transactions if certain procedures were followed. Rewrites chapter on merger, share exchange and entity conversion, including merger of parent and subsidiary, abandonment of merger and effect of merger. (65 pp.) |
| Amendment |
HOUSE AMENDMENT 1 (01412563) makes various technical changes to the original bill. Amends the notice requirement to allow notices to be mailed to a principal office or registered agent mailing address such as a post office box if the US Postal Service does not deliver mail to a business entity's principal office or registered agent's street address. Revises the Tennessee Business Corporation Act to conform to the Model Business Corporation Act. Permits a Tennessee corporation to merge or convert into any other entity organized under the Tennessee business entity laws or another state's business entity laws, and establishes a filing fee of $100 for the Articles of Conversion. Changes the notice period to shareholders for short-form "cash out" merger of a 90 percent subsidiary from one month before the merger to 10 days following the merger. Eliminates the current requirement that a corporation have a president and/or secretary. Gives directors the right to inspect records already possessed by shareholders. Eliminates the requirement of an annual shareholders' meeting if the corporation elects its directors by written consent. Clarifies the authority of a board to delegate to officers the authority to make grants of shares, stock options and warrants to corporate employees; however, prohibits such delegated officer from awarding himself or herself any such shares, options, or warrants. Creates uniform standards for identifying "conflict transactions" between a corporation and its officers or directors and the decision-making process for the board and shareholders in treating them. HOUSE AMENDMENT 2 (01677763) clarifies that a related person includes a domestic or foreign business or nonprofit corporation (other than the corporation or an entity controlled by the corporation) of which the director or officer is a director, "but only with respect to a transaction or proposed transaction to which the corporation and the other business or nonprofit corporation are parties or proposed parties and that is a transaction or proposed transaction that is or should be considered by the board of directors of the corporation". Deletes "outside the presence of and" within the sentence, "The qualified directors have deliberated and voted outside the presence of and without the participation by any other director". Senate Amendment 3 makes corrections to typographical errors. |
| Fiscal Note |
(Dated: February 28, 2012) Increase state revenue - $14,800/FY12-13. $29,600/FY13-14 and subsequent years. Increase state expenditures - $41,200/one-time/FY12-13.
|
| Senate Status |
04/30/2012 - Senate passed with amendment 3, which makes corrections to typographical errors. |
| House Status |
05/01/2012 - House concurred in Senate amendment 3. |
| Executive Status |
05/01/2012 - Sent to the speakers for signatures. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 48, relative to the Tennessee Business Corporation Act. |
| Category |
Commercial Law |
| Sponsors |
Sen. Ophelia Ford / Rep. Karen D. Camper |
| Description |
Specifies that prejudgment interest begins to accrue on the date which service of process occurred, unless a contract provides otherwise. |
| Fiscal Note |
(Dated: February 16, 2012) Not significant.
|
| Senate Status |
02/01/2012 - Referred to Senate Judiciary. |
| House Status |
03/21/2012 - Taken off notice in House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 47, relative to prejudgment interest. |
| Category |
Commercial Law |
| Sponsors |
Sen. Tim Barnes / Rep. Mike Stewart |
| Description |
Authorizes the commissioner of commerce and insurance to provide upon request a list of acceptable corporate sureties from whom a health club may obtain the required surety bond. |
| Amendment |
HOUSE AMENDMENT 1 (01613461) rewrites the bill. Adds, under the Consumer Protection Act, as unfair or deceptive acts or practices affecting the conduct of any trade or commerce that constitute unlawful acts or practices and are Class B misdemeanors: (1) engaging in a ponzi scheme, defined as a fraudulent investment scheme in which money placed by later investors pays artificially high dividends to the original investor, thereby attracting even larger investments and (2) making fraudulent statements or intentional omissions in order to induce a consumer to sell securities or other things of value to fund an investment product. Allows an application of private right of action only for these two provisions under the Consumer Protection Act. Specifies that for the bill's purposes, investment does not include a security as defined in TCA 48-2-102(17) or any insurance or annuity contract. |
| Fiscal Note |
(Dated: February 29, 2012) Not significant.
|
| Senate Status |
04/30/2012 - Senate passed. |
| House Status |
04/26/2012 - House passed with amendment 1. House amendment 1 (01613461) rewrites the bill. Adds, under the Consumer Protection Act, as unfair or deceptive acts or practices affecting the conduct of any trade or commerce that constitute unlawful acts or practices and are Class B misdemeanors: (1) engaging in a ponzi scheme, defined as a fraudulent investment scheme in which money placed by later investors pays artificially high dividends to the original investor, thereby attracting even larger investments and (2) making fraudulent statements or intentional omissions in order to induce a consumer to sell securities or other things of value to fund an investment product. Allows an application of private right of action only for these two provisions under the Consumer Protection Act. Specifies that for the bill's purposes, investment does not include a security as defined in TCA 48-2-102(17) or any insurance or annuity contract. |
| Executive Status |
04/30/2012 - Sent to the speakers for signatures. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 47, Chapter 18, relative to consumer protection. |
| Category |
Commercial Law |
| Sponsors |
Sen. Roy B. Herron / Rep. Craig Fitzhugh |
| Description |
Requires a person making an automatic renewal or continuous service offer to a consumer in this state to present offer terms before purchase, obtain a consumer's affirmative express consent to the offer, and provide cancellation information. Prohibits such persons from automatically charging a credit card, debit card, or third party account without express consent; all goods sent without express consent are deemed unconditional gifts to the consumer. Requires such persons to provide at least one specified cancellation mechanism. |
| Fiscal Note |
(Dated: February 28, 2012) Not significant.
|
| Senate Status |
02/01/2012 - Referred to Senate Commerce, Labor & Agriculture. |
| House Status |
02/02/2012 - Referred to House General Subcommittee of Commerce. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 47, Chapter 18, relative to consumer protection. |
| Category |
Commercial Law |
| Sponsors |
Sen. Roy B. Herron / Rep. David Shepard |
| Description |
Enacts "Electronic Privacy Act of 2012." Requires business entities engaged in business in this state to delete the provided personal information of a person whom it contracts with upon written request of that person, unless the business is required by law to retain the information; violation is punishable by a fine of not less than $500 and not more than $5,000. |
| Fiscal Note |
(Dated: February 28, 2012) Not significant.
|
| Senate Status |
02/01/2012 - Referred to Senate Commerce, Labor & Agriculture. |
| House Status |
02/01/2012 - Referred to House General Subcommittee of Consumer & Employee Affairs. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 10; Title 45; Title 47, Chapter 18; Title 62 and Title 63, relative to consumer protection. |
| Category |
Commercial Law |
| Sponsors |
Sen. Roy B. Herron / Rep. David Shepard |
| Description |
Prohibits motor vehicle dealers from making statements or representations regarding a prize or travel service in the primary or emphasized portion of the text of a solicitation, promotion or advertisement that are contradicted in an obscure disclosure. Classifies a violation as a Class B misdemeanor under the Consumer Protection Act. |
| Fiscal Note |
(Dated: February 6, 2012) Not significant.
|
| Senate Status |
02/01/2012 - Referred to Senate Commerce, Labor & Agriculture. |
| House Status |
02/01/2012 - Referred to House General Subcommittee of Commerce. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 47, Chapter 18 and Title 55, Chapter 17, relative to consumer protection. |
| Category |
Commercial Law |
| Sponsors |
Rep. Vance Dennis |
| Description |
Changes the interest rate on judgments from 10 percent to a rate equal to the Federal Reserve weekly average prime loan rate as published by the commissioner of financial institutions for the calendar week preceding the judgment. Makes applicable to all judgments entered on or after effective date of July 1, 2012. |
| Fiscal Note |
(Dated: February 14, 2012) Not significant.
|
| Senate Status |
None |
| House Status |
02/01/2012 - Referred to House General Subcommittee of Commerce. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 47, relative to interest on judgments. |
Criminal Law - 58
| Category |
Criminal Law |
| Sponsors |
Sen. Mae Beavers / Rep. Tony Shipley |
| Description |
Creates a Class E felony offense of concealing, harboring, shielding from detection, or transporting illegal aliens in this state. Specifies that the same offense is a Class D felony if illegal drugs are also being transported. Creates other felony offenses involving concealing or transporting illegal aliens. Provides that certain property utilized in committing such offenses be subject to forfeiture. |
| Amendment |
House Judiciary Subcommittee amendment 1 (01267466) clarifies that this legislation does not apply to any person who provides first response services, emergency medical or mental health care, public health or adult or child protective services, while that person is in the performance of those services. |
| Fiscal Note |
(Dated: January 31, 2012) Increase state expenditures - $9,500/incarceration.
Other Fiscal Impact - In addition to incarceration, a court may issue a fine for felony offenses which will be allocated to the arresting agency. Revenue generated from property forfeiture will result in an increase in state and local revenue. Because no statistics are currently available, these increases in revenue cannot be determined with reasonable certainty.
|
| Senate Status |
01/12/2012 - Referred to Senate Judiciary. |
| House Status |
02/07/2012 - Taken off notice in House Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 38; Title 39; Title 40; Title 41 and Title 50, relative to unlawful presence in the United States. |
| Category |
Criminal Law |
| Sponsors |
Sen. Bo Watson / Rep. Richard Floyd |
| Description |
Removes statute of limitation for persecution following sexual offenses committed against a child on or after July 1, 2012. |
| Amendment |
House amendment 1 (01354866) deletes all language after the enacting clause. Establishes the statute of limitations for prosecution at no later than 25 years from the date the child becomes 18 years of age, if the offense is committed against a child on or after July 1, 2012, for the following offenses: producing, importing, preparing, distributing, processing or appearing in obscene material or exhibition, sexual exploitation of a minor, aggravated sexual exploitation of a minor, and especially aggravated exploitation of a minor. |
| Fiscal Note |
(Dated: January 31, 2012) Increase state expenditures - $493,100/incarceration.
|
| Senate Status |
04/25/2012 - Senate passed. |
| House Status |
03/19/2012 - House passed with amendment 1. |
| Executive Status |
04/25/2012 - Sent to the speakers for signatures. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 40, Chapter 2, relative to certain crimes committed against children. |
| Category |
Criminal Law |
| Sponsors |
Sen. Doug Overbey / Rep. Bob Ramsey |
| Description |
Creates a Class E felony for parents' failure to notify authorities of their child's death within one hour of when the parent discovered, or should have discovered, the child's death or reasonably believed the child was dead. Parents have 24 hours to report a missing child. |
| Fiscal Note |
(Dated: February 21, 2012) Increase state expenditures - $9,400/incarceration.
|
| Senate Status |
01/13/2012 - Referred to Senate Judiciary. |
| House Status |
01/24/2012 - Referred to House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 37; Title 38 and Title 39, Chapter 15, Part 4, relative to the reporting of certain events involving children. |
| Category |
Criminal Law |
| Sponsors |
Sen. Mark S. Norris / Rep. Gerald McCormick |
| Description |
Removes requirement that police officers, sheriffs, corrections officers, and youth services officers be free of all apparent mental disorders. Intended to comply with ADA. (Part of Administration Package 2012) |
| Fiscal Note |
(Dated: February 15, 2012) Not significant.
|
| Senate Status |
01/13/2012 - Referred to Senate Judiciary. |
| House Status |
01/17/2012 - Referred to House General Subcommittee of State & Local Government. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 8, Chapter 8; Title 37, Chapter 5; Title 38, Chapter 8 and Title 41, Chapter 1 for the purpose of compliance with the Americans with Disabilities Act, 42 United states Code 12101, et seq. |
| Category |
Criminal Law |
| Sponsors |
Sen. Mark S. Norris / Rep. Gerald McCormick |
| Description |
Increases the punishment for unlawful possession of firearm by person with previous felony conviction from Class E to Class C if they have been convicted of a felony involving the use or attempted force, violence or a deathly weapon. Increases punishment from Class E to a Class D if they have been convicted of a felony drug offense. (Part of Administration Package 2012) |
| Fiscal Note |
(Dated: January 31, 2012) Increase state expenditures - $271,000/incarceration.
Funding in the amount of $266,100 is included in the Governor's proposed FY12-13 budget.
|
| Senate Status |
03/19/2012 - Senate passed. |
| House Status |
03/26/2012 - House passed. |
| Executive Status |
04/13/2012 - Enacted as Public Chapter 0726 effective July 1, 2012. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 39 and Title 40, relative to criminal penalties. |
| Category |
Criminal Law |
| Sponsors |
Sen. Mike Bell / Rep. Eric Watson |
| Description |
Requires law enforcement to obtain a subpoena before installing an electronic tracking device in a motor vehicle to further a criminal investigation. |
| Fiscal Note |
(Dated: January 29, 2012) Not significant.
|
| Senate Status |
03/13/2012 - Senate Judiciary deferred to 3/20/2012 |
| House Status |
03/19/2012 - Withdrawn in House. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 39 and Title 40, relative to tracking cars. |
| Position |
Oppose |
| Category |
Criminal Law |
| Sponsors |
Sen. Randy McNally / Rep. Cameron Sexton |
| Description |
Allows proceeds from seizures and confiscations in drug cases to be used to provide emergency care for children removed from a home in which methamphetamine was being produced. |
| Fiscal Note |
(Dated: February 14, 2012) Not significant.
|
| Senate Status |
01/18/2012 - Referred to Senate Judiciary. |
| House Status |
03/13/2012 - Taken off notice in House General Subcommittee of Health & Human Resources. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 17, Part 4; Title 40, Chapter 33, Part 2 and Title 53, Chapter 11, relative to the disposition of proceeds derived from drug seizures, confiscations and forfeitures. |
| Category |
Criminal Law |
| Sponsors |
Sen. Randy McNally / Rep. Bill Dunn |
| Description |
Prohibits pretrial diversion for any public servant charged with official misconduct or any elected or appointed official charged with a misdemeanor arising from his or her office. |
| Senate Status |
01/18/2012 - Referred to Senate Judiciary. |
| House Status |
01/24/2012 - Referred to House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 39 and Title 40, relative to eligibility for pretrial and judicial diversion. |
| Category |
Criminal Law |
| Sponsors |
Sen. Randy McNally / Rep. Eric Watson |
| Description |
Increases expunction fee following the successful completion of diversion programs. |
| Fiscal Note |
(Dated: January 29, 2012) Increase state revenue - $4,431,500/TBI. Increase state expenditures - $4,431,500/TBI.
|
| Senate Status |
01/18/2012 - Referred to Senate Judiciary. |
| House Status |
02/02/2012 - Withdrawn in House. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 38, Chapter 6; Title 40, Chapter 32 and Title 40, Chapter 35, relative to expunction fees. |
| Category |
Criminal Law |
| Sponsors |
Sen. Lowe Finney / Rep. Joe Pitts |
| Description |
Increases the time for a crime victim to collect unpaid restitution under a civil judgment for nonpayment. Increases the time a judgment remains in effect from 10 years to 20 years. |
| Fiscal Note |
(Dated: February 14, 2012) Not significant.
|
| Senate Status |
01/18/2012 - Referred to Senate Judiciary. |
| House Status |
01/25/2012 - Referred to House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 39 and Title 40, Chapter 35, relative to sentencing. |
| Category |
Criminal Law |
| Sponsors |
Sen. Randy McNally / Rep. Julia Hurley |
| Description |
Imposes certain financial responsibility requirements on drivers charged with DUI and on nonresidents. Creates an offense of leaving the scene of an accident so that financial responsibility requirements cannot be verified punishable by a fine only of up $50,000. |
| Fiscal Note |
(Dated: January 31, 2012) Increase state expenditures - $596,300/one-time/FY12-13. $889,300/Recurring/FY12-13. $2,223,200/Recurring/FY13-14 and subsequent years.
|
| Senate Status |
01/19/2012 - Referred to Senate Commerce, Labor & Agriculture. |
| House Status |
02/02/2012 - Withdrawn in House. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 55, relative to financial responsibility of certain drivers. |
| Category |
Criminal Law |
| Sponsors |
Sen. Jack Johnson / Rep. Bill Dunn |
| Description |
Adds an element to the offense of theft by a home improvement services provider. Requires contractor to provide residential owner or United States Postal Service a correct forwarding address. Includes as a consumer protection violation failure of a contractor to provide a current or forwarding address to the residential owner if the person changes the address initially provided to the owner. |
| Amendment |
Senate amendment 1 (01426863) provides that a violation is only an offense if: (1) no substantial portion of the contracted work has been performed at the time of the request, (2) more than 90 days have elapsed since the starting date of the contract for home improvement services, and (3) a copy of the written request for a refund was sent by the residential owner to the consumer protection division of the office of the attorney general. Makes ordering corrections. |
| Fiscal Note |
(Dated: January 18, 2012) Not significant.
|
| Senate Status |
04/02/2012 - Senate passed with amendment 1. |
| House Status |
04/05/2012 - House concurred in Senate amendment 1. |
| Executive Status |
04/26/2012 - Enacted as Public Chapter 0802 effective July 1, 2012. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 39-14-154 and Section 47-18-104, relative to home improvement services contractors and providers. |
| Category |
Criminal Law |
| Sponsors |
Sen. Dolores R. Gresham / Rep. Eric Watson |
| Description |
Creates Class C misdemeanor offenses for living on publicly-owned, non-residential property and for assembly on publicly-owned property that poses a health or safety hazard to others. Specifies that persons committing these offenses are subject to removal from the property and liable for damage or depletion in property value. |
| Amendment |
House amendment 1 (01281471) deletes all language after the enacting clause. Defines "camping" as the erection or use of temporary structures such as tents, tarps, and other temporary shelters for living accommodation activities such as sleeping, or making preparations to sleep. Camping shall include, but not be limited to, the laying down of bedding for the purpose of sleeping, storing personal belongings, making any fire, doing any digging or earth breaking or carrying on cooking activities, whether by fire or use of artificial means such as propane stove or other heat-producing portable cooking equipment. Creates a Class A misdemeanor offense for a person to engage in the activity of camping on property owned by the State knowing that the area on which the camping occurs is not specifically designated for use as a camping area by the department or agency responsible for such land. Any items associated with camping in violation of this section, including tents, portable toilets, sleeping bags, tarps, stakes, ropes, blankets, propane heaters, cooking equipment and generators, shall be subject to seizure and forfeiture by appropriate state officials. Senate amendment 2 (01287171) is substantially identical to House amendment 1 but makes clear that 39-14-4__ (b) (1), (2), (3), (4), (5), and (6) of the amendment is "whereas" enacting language only and not to be written into the code. Senate amendment 3 (01342771) adds a severability clause to the bill. |
| Fiscal Note |
(Dated: January 26, 2012) Not significant.
|
| Senate Status |
02/23/2012 - Senate passed with amendments 2 and 3. |
| House Status |
02/27/2012 - House concurred in Senate amendment 2 and 3. |
| Executive Status |
03/02/2012 - Enacted as Public Chapter 0535 effective March 2, 2012 |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 4; Title 12; Title 29; Title 39 and Title 40, relative to use of publically- owned property. |
| Category |
Criminal Law |
| Sponsors |
Sen. Mike Bell / Rep. Vince Dean |
| Description |
Requires persons who have previously failed to appear in court to post money or real estate as bail. |
| Fiscal Note |
(Dated: February 21, 2012) Increase local expenditures - exceeds $66,600.
|
| Senate Status |
04/25/2012 - Senate passed. |
| House Status |
03/22/2012 - House passed. |
| Executive Status |
04/25/2012 - Sent to the speakers for signatures. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 40-11-104, relative to bail. |
| Category |
Criminal Law |
| Sponsors |
Sen. Bill Ketron / Rep. Charles Curtiss |
| Description |
Deletes provisions of harassment committed by communicating with, transmitting or displaying an image to another. |
| Fiscal Note |
(Dated: February 25, 2012) Not significant.
|
| Senate Status |
01/23/2012 - Referred to Senate Judiciary. |
| House Status |
01/25/2012 - Referred to House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 39, relative to the offense of harassment by means of communicating with or transmitting or displaying an image to another. |
| Category |
Criminal Law |
| Sponsors |
Sen. Bill Ketron / Rep. Charles Curtiss |
| Description |
Limits the offense of harassment by display of an image to cases in which the defendant intends the image to intimidate the victim, the victim is likely to see the image, a reasonable person is intimidated by the image and the victim is actually intimidated. |
| Amendment |
HOUSE AMENDMENT 2 (01625871) rewrites the bill. Limits the offense of harassment by display of an image to cases in which the defendant communicates with another person or transmits or displays an image without legitimate purpose with the intent that the image will be viewed by the victim and the person: (A) Maliciously intends the communication to be a threat of harm to the victim; and (B) A reasonable person would perceive the communication to be a threat of harm. Requires each LEA, at the beginning of each school year, to provide teachers and school counselors with a copy of the policy along with information on the policy's implementation on bullying prevention and strategies to prevent bullying and harassment when it happens. In addition, each LEA shall provide training to teachers and counselors regarding the policy and appropriate procedures relative to implementation of the policy. The department of education shall provide guidelines for such training and provide recommendations of appropriate, available and free bullying and harassment prevention resources. Requires such information to be available for public inspection. Requires each LEA, beginning August 1, 2013, to provide to the Department of Education an annual report on the number of bullying incidents and the manner in which they were resolved. Requires the Department of Education an annual report on bullying cases statewide to the Senate and House Education Committees. Adds a new section (d)(1) requiring that the principal of a middle school, junior high school, or high school, or the principal's designee, shall investigate the following acts of harassment, intimidation, bullying or cyber-bullying: when a student reports that physical harm or a threat of physical harm to such student's person or property has occurred; or an act of harassment, intimidation, bullying or cyber-bullying not resulting in physical harm or the threat of physical harm and the same act is corroborated by another student; or when any other act occurs and the principal determines that investigation of such act is necessary to ensure the safety and well being of a student or students. Requires the principal to report findings, along with any disciplinary action taken, to the director of schools and the chair of the local board of education. HOUSE AMENDMENT 3 (01660562) rewrites the new section (d)(1) in House Education amendment 1 to require that the principal of a middle school, junior high school, or high school, or the principal's designee, shall investigate harassment, intimidation, bullying or cyber-bullying when a student reports to any principal, teacher or guidance counselor that physical harm or a threat of physical harm to such student's person or property has occurred. |
| Fiscal Note |
(Dated: February 25, 2012) Not significant.
|
| Senate Status |
04/26/2012 - Senate passed. |
| House Status |
04/24/2012 - House passed with previously adopted amendments 2 and 3. |
| Executive Status |
04/26/2012 - Sent to the speakers for signatures. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 39 and Title 49, relative to harassment and bullying. |
| Category |
Criminal Law |
| Sponsors |
Sen. Thelma Harper / Rep. Mary J. Pruitt |
| Description |
Creates a study on the number of inmates incarcerated for life without parole that should include the name of each inmate, the race of each inmate and the violent crimes the inmate is incarcerated for. Establishes that a copy of the study be provided to the speaker of the house, the speaker of the senate, and to all members of the General Assembly who request a copy. |
| Fiscal Note |
(Dated: January 24, 2012) Not significant.
|
| Senate Status |
01/23/2012 - Referred to Senate State & Local Government. |
| House Status |
01/12/2012 - Referred to House State & Local Government. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 40-35-120, relative to repeat violent offenders. |
| Category |
Criminal Law |
| Sponsors |
Sen. Mae Beavers / Rep. Joe Carr |
| Description |
Requires a defendant who is unlawfully in the US to be defined as a flight risk when arrest for causing a traffic accident causing a serious bodily injury or death, driving without a valid driver license, or having no evidence of financial responsibility. Allows clerks to set the amount of bail in excess of listed amount if the defendant is seen as a flight risk. |
| Amendment |
Senate amendment 1 (01618909) authorizes a defendant who is unlawfully present in the United States and has committed certain enumerated traffic violations to be deemed a risk of flight for bail purposes. Authorizes a court clerk to set bail for such defendants at a higher amount than is normally permitted. |
| Fiscal Note |
(Dated: February 6, 2012) Increase local expenditures - exceeds $99,800/permissive.
|
| Senate Status |
04/19/2012 - Senate passed with amendment 1. |
| House Status |
04/26/2012 - House passed. |
| Executive Status |
04/26/2012 - Sent to the speakers for signatures. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 39; Title 40 and Title 55, relative to the procedure following commission of certain traffic offenses. |
| Category |
Criminal Law |
| Sponsors |
Sen. Beverly Marrero / Rep. John J. Deberry Jr. |
| Description |
Adds five homicide offenses to the list of violent offenses for which a DNA sample is taken and stored in the database upon arrest rather than conviction. |
| Fiscal Note |
(Dated: March 11, 2012) On February 15, 2012, a fiscal note was issued estimating a fiscal impact as follows: Increase state expenditures - $45,200.
Based on additional information provided by the Tennessee Bureau of Investigation (TBI), the fiscal impact is as follows: Not significant.
|
| Senate Status |
04/19/2012 - Senate passed. |
| House Status |
04/27/2012 - House passed. |
| Executive Status |
04/27/2012 - Sent to the speakers for signatures. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 40, Chapter 35, Part 3, relative to the collection of DNA samples upon conviction of certain offenses. |
| Category |
Criminal Law |
| Sponsors |
Sen. Mae Beavers / Rep. Barrett Rich |
| Description |
Requires health care providers to notify law enforcement of injuries believed to be caused by exposure to a meth lab. Grants civil and criminal immunity to those making reports in good faith. Makes violations a Class A misdemeanor. |
| Amendment |
HOUSE AMENDMENT 2 (01476366) revises the bill's provisions stating that where a person acts in good faith in making the report, that person would be immune from any civil or criminal liability, to instead specify that any such person would be immune from any civil liability and would have an affirmative defense to any criminal liability arising from that protected activity. Requires that such report be made "within 24 hours of the tendering of aid to the injured person" instead of "within two business days of the tendering of aid to the injured person". |
| Fiscal Note |
(Dated: February 4, 2012) Not significant.
|
| Senate Status |
03/26/2012 - Senate passed. |
| House Status |
03/19/2012 - House passed with amendment 2. |
| Executive Status |
04/13/2012 - Enacted as Public Chapter 0688 effective April 10, 2012. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 38 and Title 39, relative to reporting certain injuries. |
| Category |
Criminal Law |
| Sponsors |
Sen. Rusty Crowe / Rep. Eric Watson |
| Description |
Allows a bondman's license to be withheld, withdrawn, or suspended if they have been convicted of a felony or a class A misdemeanor in the past five years. |
| Fiscal Note |
(Dated: February 28, 2012) Not significant.
|
| Senate Status |
03/20/2012 - Senate Judiciary deferred to 3/27/2012. |
| House Status |
03/20/2012 - Taken off notice in House Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 40-11-125, relative to bonding companies. |
| Category |
Criminal Law |
| Sponsors |
Sen. Stacey Campfield |
| Description |
Permits employees with valid handgun permit to store their gun in employer's parking lot provided the lot is a public access parking lot, firearm is stored in an enclosed compartment, and motor vehicle is locked. Allows employer to prohibit firearms on property if the employer implements reasonable security in parking lots. Allows employer who opts out to be held liable in civil action for any damages resulting from a criminal act in parking lot. |
| Fiscal Note |
(Dated: February 25, 2012) Not significant.
|
| Senate Status |
01/26/2012 - Referred to Senate Judiciary. |
| House Status |
None |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 17, Part 13, relative to the storage of firearms in public access parking lots. |
| Category |
Criminal Law |
| Sponsors |
Sen. Jack Johnson / Rep. Vance Dennis |
| Description |
Requires that on October 1, 2014, all liability action for person injuries or death that accrued prior to October 1, 2011, will be governed by the Tennessee Civil Justice Act of 2011. |
| Fiscal Note |
(Dated: February 11, 2012) Not significant.
|
| Senate Status |
01/26/2012 - Referred to Senate Judiciary. |
| House Status |
02/22/2012 - Taken off notice in House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 28, relative to liability actions for personal injuries or death. |
| Position |
Oppose |
| Category |
Criminal Law |
| Sponsors |
Sen. Jack Johnson / Rep. Charles M. Sargent |
| Description |
Establishes a rebuttable presumption that awarding sole custody, joint legal or joint physical custody or unsupervised visitation to the perpetrator of child abuse or child sexual abuse is not in the best interest of the child. |
| Amendment |
HOUSE AMENDMENT 1 (01423165) rewrites the bill. Allows one parent of a child to file a petition to terminate the parental or guardianship rights of a person alleged to be a parent or guardian when that person has been found to have committed severe child sexual abuse, as specified, under any prior order of a criminal court. SENATE AMENDMENT 1 (01662071) is the same as House amendment 1 except that it changes definition of severe child sexual abuse for purposes of this section in Section 2(A) to the conviction, rather than the commission, of any of the listed acts towards a child. Changes the beginning of Section 2(B) to "When one (1) of the child's parents has been convicted of" from "When one (1) of the child's parents has been found to have committed". SENATE AMENDMENT 2 (01692865) requires the court to notify the petitioning parent that the duty of future child support by the parent who is the subject of the termination petition will be forever terminated by entry of an order terminating parental rights. |
| Fiscal Note |
(Dated: February 8, 2012) Not significant.
|
| Senate Status |
04/24/2012 - Senate passed with amendments 1 and 2. |
| House Status |
04/27/2012 - House concurred in Senate amendments 1 and 2. |
| Executive Status |
04/27/2012 - Sent to the speakers for signatures. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 36; Title 37; Title 39, Chapter 13; Title 39, Chapter 15 and Title 39, Chapter 17, relative to child sexual abuse offenders. |
| Category |
Criminal Law |
| Sponsors |
Sen. Charlotte Burks / Rep. Mike Turner |
| Description |
Requires a valid prescription issued by a licensed physician be presented for obtainment of products that contain immediate methamphetamine precursors from a pharmacy. Broadly captioned. |
| Fiscal Note |
(Dated: February 27, 2012) Not significant.
|
| Senate Status |
01/26/2012 - Referred to Senate Health & Welfare. |
| House Status |
01/25/2012 - Referred to House General Subcommittee of Health & Human Resources. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 38; Title 39; Title 40 and Title 63, relative to immediate methamphetamine precursor. |
| Category |
Criminal Law |
| Sponsors |
Sen. Randy McNally / Rep. Eric Watson |
| Description |
Increases the expunction fee from $50.00 to $350.00 following the successful completion of diversion programs. |
| Amendment |
HOUSE AMENDMENT 1 (01331666) deletes all language after the enacting clause. Beginning July 1, 2012, increases, from $50 to $350, the fee paid by a defendant petitioning a court for expunction of records following successful completion of a diversion program. Specifies that the $350 fee is not applicable in any case where there has been an acquittal, nolle prosequi or dismissal for failure to prosecute, or where by law the expunction order is not required to be sent to the TBI. Expands the purposes for which the diversion fee may be used by the TBI. Requires a defendant, upon request for a diversion program, to pay a $100 fee to the court clerk to be used by TBI for stated purposes. SENATE AMENDMENT 3 (01684777) changes the bill's effective date from July 1, 2012, to 30 days after becoming a law and directs that the $100 diversion request fee must be paid to the TBI rather than the clerk of the court. |
| Fiscal Note |
(Dated: January 29, 2012) Increase state revenue - $4,431,500/TBI. Increase state expenditures - $4,431,500/TBI.
|
| Senate Status |
05/01/2012 - Senate reconsidered its actions in adopting Senate amendment 2, withdrew Senate amendment 2, and passed the bill as amended by Senate amendment 3.. |
| House Status |
05/01/2012 - House concurred in Senate amendment 3. |
| Executive Status |
05/01/2012 - Sent to the speakers for signatures. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 38, Chapter 6; Title 40, Chapter 32 and Title 40, Chapter 35, relative to expunction fees. |
| Category |
Criminal Law |
| Sponsors |
Sen. Becky Duncan Massey / Rep. Ryan A. Haynes |
| Description |
Clarifies that a missing child report must be entered in the NCIC database but does not have to be entered in the MCOT database. Broadly captioned. |
| Amendment |
House amendment 1 (01323066) rewrites the bill by requiring every law enforcement officer receiving information from a parent or any source that it deems creditable shall prepare a formal missing child report. A law enforcement agency reporting a missing child is required to enter the report of the missing child into the National Crime Information Center within two hours of the receipt of the initial missing child report. |
| Fiscal Note |
(Dated: February 23, 2012) Not significant.
|
| Senate Status |
04/12/2012 - Senate passed. |
| House Status |
03/22/2012 - House passed with amendment 1. |
| Executive Status |
04/27/2012 - Signed by governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 37; Title 38 and Title 39, relative to missing children. |
| Category |
Criminal Law |
| Sponsors |
Sen. Brian K. Kelsey / Rep. Jim Coley |
| Description |
Criminalizes the act of signing or filing a lien or like document on any real or personal property without reasonable basis or legal cause; violations punishable as forgery. Authorizes courts to remove such liens and declare them void. |
| Fiscal Note |
(Dated: February 25, 2012) Increase state expenditures - $5,700/incarceration.
|
| Senate Status |
01/26/2012 - Referred to Senate Judiciary. |
| House Status |
03/07/2012 - Taken off notice in House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 17, relative to placing liens on real or personal property without reasonable basis or legal cause. |
| Category |
Criminal Law |
| Sponsors |
Sen. Brian K. Kelsey / Rep. Jim Coley |
| Description |
Creates Class E felony for the act of causing to be prepared, signing, or filing a lien or like document on any person or property when there is no reasonable basis for assuming the party has any legal cause to place such lien. Authorizes the court to remove from record such lien, declare it void upon final conviction of this offense, and remove any cloud on the title that may have arisen. |
| Amendment |
SENATE AMENDMENT 2 (01655471) deletes all language after the enacting clause. Creates a Class A misdemeanor offense for a person to knowingly prepare, sign, or file a lien or other document that is intended to encumber property when the person has no reasonable basis for placing the lien on such property. Defines "person" as an individual or entity.Violation does not apply to a licensed attorney who prepares such a document in the course of representation of a client; a financial institution regulated by the Tennessee Department of Financial Institutions, the Federal Reserve Board, the Office of the Comptroller of the Currency, the Farm Credit Administration, the National Credit Union Administration, qualified commercial financing entity as defined in Tenn. Code Ann. 67-4-2004, or an employee or agent of such an entity who prepares, signs, or files a lien or other document in the ordinary course of business; a title insurance company or agent who prepares, signs, or files a lien or other such document; or a real estate licensee operating in compliance with the Tennessee Real Estate Broker License Act of 1973, compiled in Title 62, Chapter 13. |
| Fiscal Note |
(Dated: February 23, 2012) Increase state expenditures - $5,700/incarceration.
|
| Senate Status |
04/25/2012 - Senate passed with amendment 2. |
| House Status |
04/26/2012 - House passed. |
| Executive Status |
04/26/2012 - Sent to the speakers for signatures. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 17, Part 1, to create the offense of drawing a lien without legal basis. |
| Category |
Criminal Law |
| Sponsors |
Sen. Andy Berke / Rep. Sherry Jones |
| Description |
Defines "best interest of child" to assist the evaluation process of what is best for the child in juvenile court and foster care proceeding. |
| Amendment |
House amendment 1 (01618665) rewrites the bill. Provides that if the report of child abuse alleges physical abuse, it shall be in the best interest of the child that the child be referred to a child advocacy center or that the investigation be conducted by a child protective services investigator who is adequately trained in investigating physical abuse reports. Specifies that under no circumstances shall the investigation be performed by a probation officer previously assigned to the child. |
| Fiscal Note |
(Dated: March 13, 2012) Not significant.
|
| Senate Status |
04/18/2012 - Senate passed. |
| House Status |
04/12/2012 - House passed with amendment 1 (01618665). |
| Executive Status |
04/27/2012 - Sent to governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 36; Title 37; Title 39 and Title 40, relative to the best interests of children. |
| Category |
Criminal Law |
| Sponsors |
Sen. Mark S. Norris / Rep. Ryan Williams |
| Description |
Prohibits the use of an amplifying device to photograph a person for a commercial purpose when the person is in a private place. Makes violations a Class A misdemeanor. |
| Fiscal Note |
(Dated: March 7, 2012) Not significant.
|
| Senate Status |
01/30/2012 - Referred to Senate Judiciary. |
| House Status |
01/31/2012 - Referred to House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 20; Title 29; Title 39 and Title 40, relative to privacy. |
| Category |
Criminal Law |
| Sponsors |
Sen. Stacey Campfield / Rep. Joshua G. Evans |
| Description |
Permits employees with valid handgun permit to store their gun in employer's parking lot provided the lot is a public access parking lot, firearm is stored in an enclosed compartment, and motor vehicle is locked. Allows employer to prohibit firearms on property if the employer implements reasonable security in parking lots. Allows employer who opts out to be held liable in civil action for any damages resulting from a criminal act in parking lot. |
| Fiscal Note |
(Dated: January 31, 2012) Not significant.
|
| Senate Status |
04/11/2012 - Failed in Senate Judiciary. |
| House Status |
04/17/2012 - Taken off notice in House Consumer & Employee Affairs. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 17, Part 13, relative to the storage of firearms in public access parking lots. |
| Category |
Criminal Law |
| Sponsors |
Sen. Stacey Campfield / Rep. Steve McDaniel |
| Description |
Removes the requirements that a judge has to have 16 hours of POST court security training and 8 hours of POST training each year to be able to carry a gun in court. Adds that a judge must keep the handgun concealed at all times. |
| Fiscal Note |
(Dated: February 23, 2012) Not significant.
|
| Senate Status |
01/30/2012 - Referred to Senate Judiciary. |
| House Status |
03/21/2012 - Failed in House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 39-17-1306, relative to carrying weapons during judicial proceedings. |
| Category |
Criminal Law |
| Sponsors |
Sen. Jim Tracy / Rep. Linda Elam |
| Description |
Creates the "Titled Use of Tennessee's Governmental Seals, Emblems or Insignia Act," which requires the use of the state seal only for official purposes. Prohibits the use of the state seal on or in connection with any advertising, political campaigns, or deceptively to defraud someone. Creates a Class A misdemeanor for any person who violates this section. Creates a Class E felony who anyone who uses the state seal to defraud another person, and creates a Class D felony who anyone who uses a seal from firefighters, law enforcement officers, or any public safety official. Broadly captioned. |
| Fiscal Note |
(Dated: February 13, 2012) Increase state expenditures - $14,100/incarceration.
|
| Senate Status |
03/27/2012 - Taken off notice in Senate State & Local Government. |
| House Status |
02/22/2012 - Referred to House Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 4; Title 8; Title 12 and Title 39, Chapter 16, relative to the use of government seals, emblems or insignia. |
| Category |
Criminal Law |
| Sponsors |
Sen. Tim Barnes / Rep. Mike Stewart |
| Description |
Extends time period that a timber purchaser must retain the bill of sale from one year to 16 months. |
| Fiscal Note |
(Dated: February 12, 2012) Not significant.
|
| Senate Status |
01/30/2012 - Referred to Senate Judiciary. |
| House Status |
03/28/2012 - Taken off notice in House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 39, relative to criminal offenses. |
| Category |
Criminal Law |
| Sponsors |
Sen. Charlotte Burks / Rep. Sherry Jones |
| Description |
Makes knowing and not protecting a child from abuse the same as committing the abuse. Broadly captioned. |
| Fiscal Note |
(Dated: March 2, 2012) Not significant.
|
| Senate Status |
01/30/2012 - Referred to Senate Judiciary. |
| House Status |
01/31/2012 - Referred to House General Subcommittee of Children & Family Affairs. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 37; Title 39 and Title 40, relative to severe child abuse. |
| Category |
Criminal Law |
| Sponsors |
Sen. Mike Faulk / Rep. Eddie Bass |
| Description |
Prohibits any business entity, real property owner, or employer from prohibiting individuals licensed to carry firearms from keeping firearms or ammunition out of sight and securely locked in a privately owned personal vehicle where said vehicle is otherwise permitted to be, including school property. Allows civil action for injuries and damages caused by a violation of this. Broadly captioned. |
| Amendment |
SENATE JUDICIARY AMENDMENT 1, HOUSE CONSUMER & EMPLOYEE AFFAIRS AMENDMENT 2 (01495972) specifies that the proposed legislation does not apply if the motor vehicle is located in a place where firearms are expressly prohibited by federal law; the motor vehicle is on the grounds of an owner-occupied or tenant-occupied, single family detached residence; the motor vehicle is on the grounds of a facility licensed by the United States Nuclear Regulatory Commission which has a commercial nuclear electric generating reactor that is operated for the purpose of providing heat to produce electricity for sale to persons other than the owner of the facility; or if the motor vehicle is on the grounds of a science and energy national laboratory managed for the United States Department of Energy. SENATE JUDICIARY AMENDMENT 2 (01586771) clarifies that the provisions of the bill extend to individuals who possess a valid handgun carry permit authorized by 39-17-1351 or is twenty-one years of age or older and possesses a valid Tennessee hunting license. HOUSE CONSUMER & EMPLOYEE AFFAIRS AMENDMENT 1 (01618272) specifies that the person must possess a valid handgun carry permit. |
| Fiscal Note |
(Dated: February 11, 2012) Not significant.
|
| Senate Status |
03/27/2012 - Senate Judiciary recommended with amendments 1 and 2, as amended. |
| House Status |
04/24/2012 - House Calendar & Rules referred to summer study committee. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 39 and Title 40, relative to location restrictions on firearms. |
| Category |
Criminal Law |
| Sponsors |
Sen. Beverly Marrero / Rep. Sherry Jones |
| Description |
Expands the definition of dependent and neglected child to include a child who has contracted a sexually transmitted disease. |
| Fiscal Note |
(Dated: March 16, 2012) Increase state expenditures - $1,190,900. Increase federal expenditures - $753,700.
|
| Senate Status |
01/30/2012 - Referred to Senate Judiciary. |
| House Status |
01/31/2012 - Referred to House General Subcommittee of Children & Family Affairs. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 37, Chapter 1, Part 1, relative to expanding the definition of dependent and neglected child with respect to a child having a sexually transmitted disease. |
| Category |
Criminal Law |
| Sponsors |
Sen. Brian K. Kelsey / Rep. Jon Lundberg |
| Description |
Creates Class C misdemeanor of a law enforcement officer unlawfully installing a tracking device on a person or object. Establishes a procedure whereby the district attorney can apply to a court for permission to install a tracking device for a specified period for specified offenses. |
| Fiscal Note |
(Dated: March 1, 2012) Not significant.
|
| Senate Status |
03/06/2012 - Senate Judiciary deferred to 3/13/2012. |
| House Status |
03/27/2012 - Taken off notice in House Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 13, Part 6 and Title 40, Chapter 6, relative to the tracking of certain motor vehicles. |
| Category |
Criminal Law |
| Sponsors |
Sen. Andy Berke / Rep. Craig Fitzhugh |
| Description |
Relative to civil damage awards, noneconomic damages. Removes requirement of separately considering the vicarious liability for noneconomic damages of a defendant from the liability of an agent, employee or representative of the defendant. |
| Senate Status |
04/11/2012 - Failed in Senate Judiciary. |
| House Status |
04/11/2012 - Taken off notice in House Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 29, Chapter 39, relative to remedies. |
| Position |
Neutral |
| Category |
Criminal Law |
| Sponsors |
Sen. Mark S. Norris / Rep. Gerald McCormick |
| Description |
Establishes when a person is the victim of a bad check and applies for restitution under the bad check restitution program, the alleged violator must pay the bad check, the $10 application fee, and a new $10 handling fee within ten days, instead of 15 days, after receipt of a letter from the district attorney general requesting payment, or a criminal prosecution may commence. |
| Fiscal Note |
(Dated: March 7, 2012) Not significant.
|
| Senate Status |
01/30/2012 - Referred to Senate Judiciary. |
| House Status |
02/01/2012 - Referred to House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 40, relative to criminal procedure. |
| Category |
Criminal Law |
| Sponsors |
Sen. Charlotte Burks / Rep. Sherry Jones |
| Description |
Provides that reporting of injury, except in cases of those caused by deadly weapon upon a domestic violence victim or sexual assault on an adult who does not wish to give consent to give identifying information to law enforcement, may be done on forms that provide location and injury information but not name and address of victim. |
| Amendment |
SENATE AMENDMENT 1 (01558618) rewrites the bill. Adds a victim of strangulation to the reporting provision exceptions. Deletes Subdivision (b) (2) of the bill. Deletes TCA, section 36-3-621 related to reporting, by health care practitioners, injuries indicating domestic violence or domestic abuse. HOUSE AMENDMENT 1 (01599866) adds a new section to the original bill. Requires this act to be repealed on July 2, 2015, if SB2514 – HB 2649 takes effect on June 30, 2015. Upon repeal, the definition of "home school student" in Tenn. Code Ann. 49-4-902 as it previously existed before the effective date of this act will be reinstated. HOUSE AMENDMENT 2 (01725367) If a person injured as provided in subsection (a) is first treated by an EMT, EMT-P, emergency medical or rescue worker, firefighter or other first responder, it shall not be the duty of the first responder to determine if the patient comes within the provisions of subdivision (b)(1). If the first responder transports the patient to a health care facility, the first responder's duty is to notify the treating physician or emergency room staff at the facility of the suspected cause of the patient's injury. If the patient is not transported to a health care facility, the first responder shall report the result of the call to the 911 center. HOUSE AMENDMENT 3 (01768171) grants immunity from civil liability for not reporting the injury to any person who, in good faith, does not make such report in compliance with this bill. Under House Amendment #1, the exception created by this bill will not apply if the sexual assault or domestic abuse victim is being treated for injuries inflicted by a knife, pistol, gun, or other deadly weapon. This amendment rewrites this provision to instead specify that the exception created by this bill will not apply, and the injuries will be reported, if the injuries incurred by the sexual assault or domestic abuse victim are considered by the treating health care professional to be life threatening, or the victim is being treated for injuries inflicted by strangulation, a knife, pistol, gun, or other deadly weapon. |
| Fiscal Note |
(Dated: February 29, 2012) Not significant.
|
| Senate Status |
05/01/2012 - Senate concurred in House amendments 1, 2 and 3. |
| House Status |
04/30/2012 - House passed with amendment 3 and the previously adopted amendments 1 and 2. HOUSE AMENDMENT 3 (01768171) grants immunity from civil liability for not reporting the injury to any person who, in good faith, does not make such report in compliance with this bill. Under House Amendment #1, the exception created by this bill will not apply if the sexual assault or domestic abuse victim is being treated for injuries inflicted by a knife, pistol, gun, or other deadly weapon. This amendment rewrites this provision to instead specify that the exception created by this bill will not apply, and the injuries will be reported, if the injuries incurred by the sexual assault or domestic abuse victim are considered by the treating health care professional to be life threatening, or the victim is being treated for injuries inflicted by strangulation, a knife, pistol, gun, or other deadly weapon. |
| Executive Status |
05/01/2012 - Sent to the speakers for signatures. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 36 and Title 38, relative to the reporting of medical treatment under certain circumstances. |
| Category |
Criminal Law |
| Sponsors |
Sen. Beverly Marrero / Rep. Sherry Jones |
| Description |
Requires in-home health care provider contracting with department of children's services to petition a court for an inpatient psychiatric evaluation of a child in a situation where a school official has informed the contractor of a child's threat of suicide or intent to harm self or others. Petition should be made after three such threats in one school year. Petition must be made within 24 hours of third threat. |
| Fiscal Note |
(Dated: March 11, 2012) Increase state expenditures - $426,300.
|
| Senate Status |
01/30/2012 - Referred to Senate Judiciary. |
| House Status |
02/01/2012 - Referred to House General Subcommittee of Children & Family Affairs. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 33; Title 37 and Title 49, relative to psychiatric evaluations of certain children. |
| Category |
Criminal Law |
| Sponsors |
Sen. Beverly Marrero / Rep. Debra Young Maggart |
| Description |
Permits the trial judge, after consideration of facts and circumstances surrounding the case, to require a person convicted of statutory rape for the first time to register as a sexual offender on the sexual offender and violent sexual offender registry. - |
| Fiscal Note |
(Dated: February 24, 2012) Not significant.
|
| Senate Status |
04/18/2012 - Senate passed. |
| House Status |
03/15/2012 - House passed. |
| Executive Status |
04/27/2012 - Sent to governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 13, Part 5 and Title 40, Chapter 39, Part 2, relative to the offense of statutory rape and the sexual offender and violent sexual offender registry. |
| Category |
Criminal Law |
| Sponsors |
Sen. Beverly Marrero / Rep. Mike Kernell |
| Description |
Allows person who is convicted of a nonviolent felony to petition the court for expungement of the public records of such felony after 20 years if the person has not committed any other felonies during that time period, has paid all fines, including restitution, and has met all conditions of supervised or unsupervised release. |
| Fiscal Note |
(Dated: March 11, 2012) Increase state expenditures - $4,900/one-time. $175,700/Recurring.
|
| Senate Status |
02/01/2012 - Referred to Senate Judiciary. |
| House Status |
04/24/2012 - Set for House floor 04/25/2012. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 40, Chapter 32, relative to the expunction of criminal records after a certain period of time. |
| Category |
Criminal Law |
| Sponsors |
Sen. Beverly Marrero / Rep. Mike Kernell |
| Description |
Creates a Class E felony offense of a district attorney general knowingly withholding or refusing to provide exculpatory information to a defendant and creates a Class D felony if the defendant is convicted as the result of the violation and would have been acquitted if the evidence had not been withheld. |
| Fiscal Note |
(Dated: February 23, 2012) Not significant.
|
| Senate Status |
02/01/2012 - Referred to Senate Judiciary. |
| House Status |
03/14/2012 - House General Subcommittee of Judiciary deferred to summer study. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 16, Part 4, relative to misconduct by certain public officials. |
| Position |
Oppose |
| Category |
Criminal Law |
| Sponsors |
Sen. Dolores R. Gresham / Rep. Andy Holt |
| Description |
Creates Class B misdemeanor offense for a person to apply for employment with the intent to cause economic damage to the employer by recording while on the premises of the employer and releasing such recordings to a third party. Elevates the offense to a Class A misdemeanor for a second or subsequent violation. Requires all such recordings to be confiscated and, after their use as evidence, destroyed. |
| Amendment |
Senate Commerce amendment 1 (01596663) removes language from the original bill stating that it is an offense if the person has the intent to cause economic damage to the employer. States that this section does not apply to law enforcement officers or agents of the federal, state or local government acting in their official capacity. |
| Fiscal Note |
(Dated: March 1, 2012) Not significant.
|
| Senate Status |
04/16/2012 - Re-referred to Senate Calendar Committee from Senate Floor. |
| House Status |
04/10/2012 - Taken off notice in House General Subcommittee of Consumer & Employee Affairs. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 39; Title 40 and Title 50, relative to employment under false pretense. |
| Category |
Criminal Law |
| Sponsors |
Sen. Reginald Tate / Rep. Karen D. Camper |
| Description |
Allows nonviolent offenders who have fulfilled all requirements of their sentences to seek expungement of their records. Allows the district attorney to submit a recommendation no later than 60 days from the service of petition. Requires the petitioner, if the court denies the petition, to wait until at least two years from the date of denial to reapply. Requires that the court to grant the petition if an eligible petitioner has not had a petition granted after 10 years. |
| Amendment |
SENATE AMENDMENT 4 (01746871) rewrites this bill to authorize persons to petition for expungement of records of conviction for certain nonviolent, non-sexual misdemeanors and Class E felonies that were committed on or after November 1, 1989. The full text of this amendment specifies the Class E felonies for which expungement may be sought and the misdemeanors for which expungement may not be sought. A person will be eligible to petition for expungement if: (1) At the time of filing, the person has never been convicted of any criminal offense, including federal offenses and offenses in other states, other than the offense committed for which the petition for expungement is filed; (2) At the time of the filing of the petition for expungement at least five years have elapsed since the completion of the sentence imposed for the offense; and (3) The person has fulfilled all the requirements of the sentence imposed by the court in which the individual was convicted of the offense. This amendment includes a grandfather provision whereby persons will be authorized to petition for expungement of certain nonviolent, non-sexual offenses committed prior to November 1, 1989, if: (1) The person was sentenced to a determinate sentence, of three years or less; (2) The person was sentenced to an indeterminate sentence for which the person served three years or less; and (3) The person has never had a previous conviction expunged as the result of the successful completion of a diversion program. The full text of this amendment describes the evidentiary procedures and judicial considerations that will apply to petitions for review. This amendment requires the district attorneys general conference to create a form that can be used by lay people to petition for expungement. This amendment requires that the office of district attorney general must prepare the petition and proposed order of expungement and give such documents to the petitioner for filing with the court clerk. A petitioner will be entitled to a copy of the order of expungement and such copy will be sufficient proof that the person named in the order is no longer under any disability, disqualification or other adverse consequence resulting from the expunged conviction. This amendment requires the district public defender of each judicial district to annually conduct at least one educational program providing information and assistance with the expungement process generally and the expungement process established pursuant to this subsection. The district public defenders conference will maintain a video of the educational program on the conference's web site, if available. This amendment establishes a $350 fee for filing a petition for expungement, the proceeds of which will be distributed as follows: (1) $50.00 to the TBI for the purpose of defraying costs incurred from the filing and granting of additional expungement petitions. This amendment requires the TBI to report to the general assembly in January 2014, concerning whether the monies that are allocated to the TBI are sufficient to cover the TBI's costs for performing its costs under this amendment; (2) $10.00 to the court clerk; (3) $14.50 to the public defenders expungement fund. This amendment creates the public defenders expungement fund and monies in the fund will be used to defray the expense incurred by conducting the educational activities required pursuant to this amendment. Subject to annual appropriation, any remaining monies in the public defenders expungement fund may be used in furtherance of the services and programs provided by public defenders for each judicial district; (4) $116 to the district attorneys expungement fund for record searches and preparation of documents. Any remaining monies in the district attorneys expungement fund may be used by the district attorneys generals for law enforcement purposes; and (5) $159.50 to the state general fund. The amount allocated pursuant to (4) will be increased by $14.50 beginning in fiscal year 2013-2014 and the amount allocated pursuant to (5) will be commensurately reduced beginning in the same fiscal year. An order of expungement granted pursuant to this amendment entitles the petitioner to have all public records of the expunged conviction destroyed in the manner set forth in this section. Additionally, such an expungement has the legal effect of restoring the petitioner, in the contemplation of the law, to the same status occupied before the arrest, indictment, information, trial and conviction. Once the expungement order is granted and the petitioner pays the fee required by this subsection, no direct or indirect collateral consequences that are generally or specifically attendant to the petitioner's conviction by any provision of law shall be imposed or continued. A petitioner with respect to whom an order has been granted under this amendment will not be guilty of perjury or otherwise giving a false statement by reason of the person's failure to recite or acknowledge the arrest, indictment, information, trial or conviction in response to any inquiry made of the petitioner for any purpose. Expungement under this amendment means, in contemplation of law, the conviction for the expunged offense never occurred and the person shall not suffer any adverse affects or direct disabilities by virtue of the criminal offense that was expunged. A petitioner whose petition is granted pursuant to this amendment, and who is otherwise eligible under state or federal law to possess a firearm, will be eligible to purchase a firearm and apply for and be granted a handgun carry permit. This amendment requires court clerks who maintain records expunged pursuant to this amendment to keep such records confidential. These records will not be public and can only be used to enhance a sentence if the petitioner is subsequently charged and convicted of another crime. This confidential record is only accessible to the district attorney general, the defendant, the defendant's attorney and the judge. |
| Fiscal Note |
(Dated: March 11, 2012) Increase state expenditures - $4,900/one-time. $175,700/Recurring.
|
| Senate Status |
04/30/2012 - Senate passed with amendment 4, which defines "eligible petitioner" as a person who was convicted of a misdemeanor offense committed on or after November 1, 1989, except for the following enumerated offenses: assault; aggravated assault of public employee; domestic assault; violation of protective or restraining order; possession of firearm while order of protection in effect; public indecency third or subsequent offense; indecent exposure (victim under 13 years of age) or by person in penal institution exposing to a guard; violation of community supervision by sex offender not constituting offense or constituting misdemeanor; soliciting minor to engage in Class E sexual offense; unlawful sexual contact by authority figure; fraudulent use of credit/debit card (up to $500); reckless burning; aggravated criminal trespass of a habitation, hospital, or on the campus of any public or private school, or on railroad property; coercion — abortion; third or subsequent violation of "Child Rape Protection Act of 2006"; Child abuse (where child is between ages 7-17); child neglect and endangerment (where child is between ages 7-13); purchasing alcoholic beverage for child. |
| House Status |
05/01/2012 - House passed. |
| Executive Status |
05/01/2012 - Sent to the speakers for signatures. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 40, Chapter 32, relative to the expunction of certain criminal records. |
| Category |
Criminal Law |
| Sponsors |
Sen. Mike Faulk / Rep. Jim Coley |
| Description |
Requires reciprocal disclosure of witnesses for criminal trials, which would require the defendant's attorney, or the defendant if pro se, to disclose in writing to the DA the names of the witnesses that the defendant may summon in the cause. Permits the defendant to testify regardless of whether the defendant's name has been disclosed to the DA. |
| Fiscal Note |
(Dated: February 21, 2012) Not significant.
|
| Senate Status |
04/10/2012 - Senate Judiciary deferred to summer study. |
| House Status |
04/11/2012 - Taken off notice in House Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 40, Chapter 17, relative to requiring reciprocal disclosure of witnesses prior to trial. |
| Category |
Criminal Law |
| Sponsors |
Sen. Mike Faulk / Rep. Bill Sanderson |
| Description |
Requires a sentence for identity theft and identity theft tracking to be served consecutively to any other offense committed as a result of the identity thief. |
| Fiscal Note |
(Dated: March 14, 2012) Increase state expenditures - $7,471,400/incarceration.
|
| Senate Status |
02/01/2012 - Referred to Senate Judiciary. |
| House Status |
03/20/2012 - Taken off notice in House Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 14, Part 1, relative to identity theft offenses. |
| Category |
Criminal Law |
| Sponsors |
Sen. Joe M. Haynes / Rep. Mike Stewart |
| Description |
Makes various changes to the garnishment summons form to be served by the sheriff or other applicable officer. |
| Fiscal Note |
(Dated: February 25, 2012) Not significant.
|
| Senate Status |
02/01/2012 - Referred to Senate Judiciary. |
| House Status |
03/21/2012 - Taken off notice in House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 26, Chapter 2, relative to garnishments. |
| Category |
Criminal Law |
| Sponsors |
Sen. Jim Tracy / Rep. Eddie Bass |
| Description |
Confers immunity upon publisher or owner of newspaper or other publication that advertises a firearm for sale for any liability relating to such transaction, except if publisher or owner knows either or both parties to transaction were prohibited from possessing firearm. |
| Fiscal Note |
(Dated: February 28, 2012) Not significant.
|
| Senate Status |
02/01/2012 - Referred to Senate Judiciary. |
| House Status |
02/01/2012 - Referred to House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 17, Part 13, relative to advertisements for the sale of firearms. |
| Category |
Criminal Law |
| Sponsors |
Sen. Ken Yager / Rep. Eddie Bass |
| Description |
Deletes provision that prohibits wiretaps in an investigation of less than 700 pounds of marijuana. |
| Senate Status |
02/01/2012 - Referred to Senate Judiciary. |
| House Status |
01/31/2012 - Referred to House General Subcommittee of State & Local Government. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 17, relative to the interception of wire, oral or electronic communications for certain offenses. |
| Category |
Criminal Law |
| Sponsors |
Sen. Bo Watson / Rep. Gerald McCormick |
| Description |
Criminalizes the assistance of unauthorized access to a service account and clarifies the criminal act of obtaining services without payment. |
| Fiscal Note |
(Dated: February 7, 2012) Increase state expenditures - net impact - not significant.
|
| Senate Status |
02/01/2012 - Referred to Senate Judiciary. |
| House Status |
02/08/2012 - Taken off notice in House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 14, relative to theft of services. |
| Category |
Criminal Law |
| Sponsors |
Sen. Kerry Roberts / Rep. Joe Carr |
| Description |
Prohibits the act of seeking to influence a public official on behalf of a public or private organization, corporation, union, agency or other entity's behalf for purposes of an organizing campaign. Also prohibits the act of damaging, harming, injuring or threatening to injure or coerce a business or employee of the business for purposes of intimidation related to a corporate campaign. Provides for treble damages upon proof of adverse affect on health and physical well-being of such person filing a civil action for violation of this section of the law. |
| Amendment |
House Consumer & Employee Affairs Subcommittee amendment 1 (01410376) defines "person" as an individual or entity holding or capable of holding a legal or beneficial interest in property and which sponsors or otherwise intentionally provides aid for the goal of a commission of any act made unlawful by this bill. |
| Fiscal Note |
(Dated: March 4, 2012) Not significant.
|
| Senate Status |
04/10/2012 - Taken off notice in Senate Judiciary. |
| House Status |
04/10/2012 - Taken off notice in House Consumer & Employee Affairs. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 12; Title 39, Chapter 14; Title 39, Chapter 16 and Title 39, Chapter 17, relative to disruptive and illegal conduct. |
| Category |
Criminal Law |
| Sponsors |
Sen. Kerry Roberts / Rep. Debra Young Maggart |
| Description |
States that the conveyance of real or personal property of a sexual offender used to violate a provision of the sex offender registry is subject to forfeiture if the victim was a minor. |
| Amendment |
HOUSE AMENDMENT 1 (01360995) specifies that this bill applies only to violations regarding the residential and work restrictions of the registry provisions (and not to technical violations). Specifies that such property would be subject to judicial forfeiture, and clarifies that such forfeiture would apply only if the person is convicted of the violation. SENATE AMENDMENT 1 (01620071) specifies that such property is subject to forfeiture only when the victim is a person under 18 years of age and the crime was committed on or after July 1, 2006. SENATE AMENDMENT 2 (01661667) corrects a typographical error in amendment Senate amendment 1. Deletes the language "Section 35-13-530(b) in the directory language of SECTION 2 and substituting instead the language "Section 39-13-530(b)". |
| Senate Status |
04/16/2012 - Senate passed with amendments 1 and 2. |
| House Status |
04/19/2012 - House concurred in Senate amendment 1 and 2. |
| Executive Status |
04/27/2012 - Sent to governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 13, Part 5, relative to forfeiture of certain property. |
| Category |
Criminal Law |
| Sponsors |
Rep. Julia Hurley |
| Description |
Removes Tennessee from the Interstate Compact for Supervision of Adult Offenders. |
| Senate Status |
None |
| House Status |
01/12/2012 - Withdrawn in House. |
| Caption |
AN ACT to repeal Tennessee Code Annotated, Title 40, Chapter 28, Part 4 and Chapter 805 of the Public Acts of 2002, relative to the Interstate Compact for Supervision of Adult Offenders. |
| Category |
Criminal Law |
| Sponsors |
Rep. Debra Young Maggart |
| Description |
Allows any conveyance or real or personal property used while violating a provision of the sexual offender registry to be forfeited. |
| Fiscal Note |
(Dated: February 23, 2012) Not significant.
|
| Senate Status |
None |
| House Status |
01/25/2012 - Referred to House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 13, Part 5, relative to the forfeiture of certain property. |
Economic Development - 1
| Category |
Economic Development |
| Sponsors |
Sen. Jack Johnson / Rep. Joe Carr |
| Description |
Requires the commissioner of ECD to release certain confidential documents within two years instead of five years. |
| Fiscal Note |
(Dated: February 6, 2012) Not significant.
|
| Senate Status |
01/23/2012 - Referred to Senate Commerce, Labor & Agriculture. |
| House Status |
01/24/2012 - Referred to House General Subcommittee of Commerce. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 4 and Title 67, Chapter 1, Part 17, relative to transparency in government. |
Education - 9
| Category |
Education |
| Sponsors |
Sen. Brian K. Kelsey / Rep. Bill Dunn |
| Description |
Requires all eligible students, as specifically defined, to qualify for an annual education scholarship to attend participating nonpublic schools, and public schools within the school district the child resides. Defines students who are eligible to receive scholarships to include low income students, as specifically defined, who reside in Shelby, Davidson, Hamilton, or Knox County or who are currently enrolled in the achievement school district and who have either attended public school or received a scholarship the preceding semester, or are starting school in Tennessee for the first time. Limits the scholarship amount per student to the lesser of the participating school's annual cost for attendance or the amount received per pupil from state and local sources. Requires public schools with more eligible student applications than spaces to use a random selection process in filling available seats. Vests the state board of education with the power to promulgate rules and procedures regarding the transfer and allocation of scholarship funds, application and approval procedures for eligible students, and the eligibility of nonpublic schools. Requires participating nonpublic schools to meet specified requirements regarding health and safety, financial accountability, student progress reports to parents, and the administration of specified end-of-course or end-of-year examinations. Provides circumstances by which the department of education may bar schools from participating, such as routine failure to comply with the above requirements or the intentional misrepresentation of information. 10 Pgs. |
| Fiscal Note |
(Dated: January 4, 2012) Increase local expenditures - net impact - not significant.
|
| Senate Status |
01/12/2012 - Referred to Senate Education. |
| House Status |
02/29/2012 - Taken off notice in House General Subcommittee of Education. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 49, Chapter 6, relative to the Equal Opportunity Scholarship Act. |
| Category |
Education |
| Sponsors |
Sen. Jack Johnson / Rep. Glen Casada |
| Description |
Requires LEAs to complete final teacher summative evaluation conferences no later than the last teacher work day of the school year using all data and information available by such time. |
| Fiscal Note |
(Dated: January 26, 2012) Not significant.
|
| Senate Status |
01/19/2012 - Referred to Senate Education. |
| House Status |
01/24/2012 - Referred to House General Subcommittee of Education. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 49, Chapter 1, Part 3, relative to teacher evaluation conferences. |
| Category |
Education |
| Sponsors |
Sen. Andy Berke / Rep. Craig Fitzhugh |
| Description |
Allows tenure for teachers who are evaluated as "meets expectations," in addition to current requirements of "above expectations" or "significantly above expectations." |
| Senate Status |
04/11/2012 - Taken off notice in Senate Education. |
| House Status |
04/04/2012 - Taken off notice in House General Subcommittee of Education. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 49, Chapter 5, Part 5, relative to teacher eligibility for tenure. |
| Category |
Education |
| Sponsors |
Sen. Joe M. Haynes / Rep. Mike Turner |
| Description |
Prohibits state funds from being used by an LEA to pay professional organization membership fees or dues. |
| Fiscal Note |
(Dated: January 25, 2012) Other Fiscal Impact - It is unknown if the revenue source currently used to pay LEA professional organization membership fees is being funded by state or local funding. To the extent that LEAs are using state funds to pay for membership fees to the Tennessee School Board Association or another professional organization, LEAs will either cease to be members of the organization or increase local expenditures to pay any required membership fees. State funding currently being used to pay membership fees will shift to another budget item.
|
| Senate Status |
03/28/2012 - Taken off notice in Senate Education. |
| House Status |
03/21/2012 - Taken off notice in House General Subcommittee of Education. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 49, Chapter 1; Title 49, Chapter 2 and Title 49, Chapter 3, relative to funding of education. |
| Category |
Education |
| Sponsors |
Sen. Joe M. Haynes / Rep. Craig Fitzhugh |
| Description |
Defines "inefficiency," with respect to teacher evaluations, to mean below standards maintained by others who do similar work, or habitually tardy, inaccurate or wanting in effective performance of duties. Includes attaining a performance level below "at expectations" on evaluations for two or more consecutive years, but only after proof of attempts to improve the teacher's quality of instruction, attendance, or other performance problems through assistance or intervention. |
| Senate Status |
04/11/2012 - Taken off notice in Senate Education. |
| House Status |
04/04/2012 - Failed in House General Subcommittee of Education for lack of a majority. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 49, Chapter 5, Part 5, relative to the definition of "inefficiency" in the Teachers' Tenure Act. |
| Category |
Education |
| Sponsors |
Sen. Beverly Marrero / Rep. Craig Fitzhugh |
| Description |
Removes prohibition on collaborative conferencing concerning political activity payroll deductions for an LEA and its employees. |
| Fiscal Note |
(Dated: January 17, 2012) Not significant.
|
| Senate Status |
03/28/2012 - Failed in Senate Education for a lack of majority. |
| House Status |
04/04/2012 - Taken off notice in House General Subcommittee of Education. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 49, Chapter 5, Part 6, relative to the Professional Educators Collaborative Conferencing Act of 2011. |
| Category |
Education |
| Sponsors |
Sen. Jim Summerville / Rep. Phillip Johnson |
| Description |
Prohibits local education agencies, administrative personnel, and instructional personnel from taking affirmative action, including entering into an agreement that infringes upon or waives the rights or freedoms afforded to school personnel and students under the First Amendment to the Constitution of the United States, without the written consent of the impacted individuals. |
| Amendment |
House amendment 1 (01304262) rewrites the bill so that LEAs and school administrators may not prohibit personnel from participating in religious activities on school grounds that are initiated by students at reasonable times before or after the instructional day so long as such activities are voluntary for all parties and do not conflict with the responsibilities or assignments of such personnel. Senate amendment 2 (01499762) specifies that nothing in this section shall prohibit LEAs and school administrators from allowing personnel to participate in other constitutionally permissible religious activities on school grounds. |
| Fiscal Note |
(Dated: February 1, 2012) Not significant.
|
| Senate Status |
03/22/2012 - Senate passed with amendment 2. |
| House Status |
03/28/2012 - House concurred in Senate amendment 2. |
| Executive Status |
04/13/2012 - Enacted as Public Chapter 0690 effective April 10, 2012. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 49, relative to protection of first amendment rights in schools. |
| Category |
Education |
| Sponsors |
Sen. Andy Berke / Rep. Harry Brooks |
| Description |
Gives minors the right to representation by legal counsel in proceedings alleging truancy. |
| Fiscal Note |
(Dated: March 11, 2012) Increase state revenue - $237,300/General Fund. Increase state expenditures - exceeds $557,100/Indigent Defense Fund. Increase local revenue - $12,500.
|
| Senate Status |
02/01/2012 - Referred to Senate Judiciary. |
| House Status |
03/13/2012 - Taken off notice in House General Subcommittee of Children & Family Affairs. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 37, Chapter 1, Part 1 and Title 49, Chapter 6, Part 30, relative to truancy. |
| Category |
Education |
| Sponsors |
Sen. Kerry Roberts / Rep. Michael Ray McDonald |
| Description |
Expands those who are allowed to suspend children for assaulting them with language to include a school bus driver or other school personnel. Authorizes school bus drivers to hold students accountable for disorderly conduct on the bus and report it to the principal. Authorizes a teacher, principal, school employee, or bus driver to use reasonable force when necessary to correct or restrain a student or prevent bodily harm or death. Allows such force to be a defense against a civil action for damages. Broadly captioned. |
| Amendment |
House amendment 1 (01399862) deletes that a school bus driver shall report student misconduct on a school bus to the principal or the principal's designee as soon as practicable and, if the misconduct occurred while returning home from school or during an after school activity, no later than the first school day after the misconduct occurred. |
| Fiscal Note |
(Dated: February 9, 2012) Not significant.
|
| Senate Status |
03/26/2012 - Senate passed. |
| House Status |
03/19/2012 - House passed with amendment 1. |
| Executive Status |
04/13/2012 - Enacted as Public Chapter 0687 effective July 1, 2012. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 37; Title 39 and Title 49, relative to student discipline. |
Energy & Mining - 1
| Category |
Energy & Mining |
| Sponsors |
Sen. Steve Southerland / Rep. David B. Hawk |
| Description |
Enacts the "Responsible Coal Operators Act of 2012." Authorizes the commissioner of environment and conservation to refuse to issue or renew a permit issued for activities related to the surface mining of coal under the Water Quality Control Act for, including, but not limited to, patterns of violation of such act, conviction of a felony environmental criminal offense within three years prior to application, and conviction of violation of RICO statutes. |
| Fiscal Note |
(Dated: February 15, 2012) Increase state expenditures - $1,400.
|
| Senate Status |
03/29/2012 - Re-referred to Senate Finance, Ways & Means from the Senate floor. |
| House Status |
03/28/2012 - House General Subcommittee of Conservation & Environment deferred to summer study. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 59 and Title 69, relative to coal mining. |
Entertainment - 1
| Category |
Entertainment |
| Sponsors |
Sen. Reginald Tate / Rep. Curry Todd |
| Description |
Revises the Tennessee Athletic Commission Act of 2008. Defines a Pro-Am event as a professional event or amateur contest of unarmed combat contestants in which the event may feature a combination of amateur and professional competitions or contents. Authorizes venues in the state to host such events. Specifies that if an amateur event is broadcasted or televised such event shall be subject to the same percentage of gross receipts relative to broadcasting, television, and motion picture rights as are required of professional contests. |
| Amendment |
Senate amendment 1 (01440863) rewrites the bill. Defines "pro-am competition". Reduces the number of commission members from nine to five and outlines how vacancies will be filled as current commissioners' terms expire. Commissioners are required to attend at least three events annually. A commissioner may attend an event via electronic means but no more than twice a year. Commissioners shall receive reimbursement for meetings and travel pursuant to the department of finance and administration's regulations. Requires promoters of pro-am or amateur events to pay the same percentage of gross receipts as required for professional events relating to broadcasting rights. Provides that any rules that apply to professional events shall also apply to pro-am competitions. Amateurs that participate in pro-am competitions are required to obtain a license from the commission. |
| Fiscal Note |
(Dated: February 13, 2012) Increase state revenue - $9,100. Decrease state expenditures - $4,000.
|
| Senate Status |
04/26/2012 - Senate passed with amendment 1 (01440863), which rewrites the bill. Defines "pro-am competition". Reduces the number of commission members from nine to five and outlines how vacancies will be filled as current commissioners' terms expire. Commissioners are required to attend at least three events annually. A commissioner may attend an event via electronic means but no more than twice a year. Commissioners shall receive reimbursement for meetings and travel pursuant to the department of finance and administration's regulations. Requires promoters of pro-am or amateur events to pay the same percentage of gross receipts as required for professional events relating to broadcasting rights. Provides that any rules that apply to professional events shall also apply to pro-am competitions. Amateurs that participate in pro-am competitions are required to obtain a license from the commission. |
| House Status |
05/01/2012 - House passed. |
| Executive Status |
05/01/2012 - Sent to the speakers for signatures. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 68, Chapter 115, relative to the "Tennessee Athletic Commission Act of 2008". |
Environment & Nature - 4
| Category |
Environment & Nature |
| Sponsors |
Sen. Mark S. Norris / Rep. Gerald McCormick |
| Description |
Specifies that, in issuing an individual or a general permit for an activity that will cause alteration of aquatic resources in waters of Tennessee, the commissioner of environment and conservation must impose conditions to avoid or minimize the impacts to waters and to provide mitigation for those impacts that cannot be avoided. Specifies that such mitigation may be accomplished through mitigation banks and in lieu fee programs as well as on-site or off-site mitigation by the permittee. Defines an "in lieu fee program" as a program through which mitigation is accomplished for a permittee's impacts to waters through payments to a governmental or non-profit organization who uses the funds to restore or enhance wetlands or streams at one or more locations off the site of permitted impacts in accordance with a plan approved by an interagency review team. A "mitigation bank" is a specific location approved by an interagency review team to restore or enhance a wetland or a stream in which some or all of the funds for it are obtained as a result of conditions in an aquatic resource alteration permit; in appropriate circumstances a mitigation bank may also include some areas of preservation or creation of a stream or wetland. In authorizing mitigation to offset impacts, the commissioner will consider factors relevant to the goal of no net loss, including but not limited to likelihood of success and proximity to the watershed in which the permitted impacts occur. (Part of Administration Package 2012) |
| Fiscal Note |
(Dated: January 16, 2012) Not significant.
|
| Senate Status |
03/07/2012 - Senate Energy and Environment deferred to 03/14/2012. |
| House Status |
03/05/2012 - House Conservation & Environment deferred to 03/21/12. The House Conservation & Environment Committee meeting for 03/07/12 has been cancelled. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 69, Chapter 3, Part 1, relative to water quality. |
| Category |
Environment & Nature |
| Sponsors |
Sen. Mark S. Norris / Rep. Gerald McCormick |
| Description |
Revises various provisions governing the structure of certain state agencies, committees, boards and commissions. Decreases from 17 to 12 the size of the board of directors for the Duck River Development Agency. Authorizes the commissioner of environment and conservation to appoint an executive director to carry out the purposes of the Tennessee Heritage Conservation Trust Fund Act of 2005. (Part of Administration Package 2012) |
| Amendment |
HOUSE AMENDMENT 1 (01412298) reduces, from 17 to 12, the membership of the board of directors of the Tennessee Duck River Development Agency and changes the appointment authority of the directors from the county legislative bodies to the Governor. Reduces, from 18 to 14, the membership of the Tennessee POST Commission and grants appointment authority to the Governor. Grants the Commissioner of Commerce and Insurance the authority to appoint the executive director of the Jerry F. Agee Tennessee Law Enforcement Training Academy. Places the Tennessee Corrections Institute under the Department of Commerce and Insurance (TDCI) and grants the Commissioner the authority to hire the executive director of the Board of Control. Grants the executive director, instead of the Board, the control to employ necessary staff and changes the make-up of the Board of Control. Removes the provision requiring the Private Probation Services Council to meet at least quarterly. Reduces, from 26 to 22, the members on the Tennessee Commission on Aging and Disability (TCAD) and grants the Governor the appointment authority over Commission members and the executive director. Grants the Governor the authority to appoint the executive director of the Tennessee Commission on Children and Youth. Creates a statewide Community Services Agency and changes the membership of the statewide board of directors for the community services agencies and the terms of each director. Grants the Governor authority to appoint the executive directors of the Tennessee Arts Commission and the Tennessee Higher Education Commission. Places the Council for Career and Technical Education administratively under the Department of Education and grants the Commissioner of Education the authority to appoint and set the salary of the executive director. Deletes the Conservation Commission. Grants the Commissioner of the Department of Environment and Conservation (TDEC) the authority to appoint and set the salary of the executive director of the Tennessee Heritage Conservation Trust Fund. Authorizes the fund's board of trustees to complete studies and recommendations concerning the conservation programs and policies of TDEC as it deems appropriate. Combines the Water Quality Control Board with the State Oil and Gas Board into the Tennessee Board of Water Quality, Oil, and Gas with a total of 12 members. Deletes the Tennessee Municipal Solid Waste Advisory Committee and the Petroleum Underground Storage Tank Board. Changes the Solid Waste Disposal Control Board to the Underground Storage Tanks and Solid Waste Disposal Control Board and changes the membership requirements for a total of 14 members. Grants the new Board the authority of the Municipal Solid Waste Advisory Committee and the Petroleum Underground Storage Tank Board. Authorizes, instead of requires, the Commissioner of TDEC to appoint a technical advisory committee to provide advice on the status of the state's water resources. Attaches the Commission on Firefighting Personnel Standards and Education to the Division of Fire Prevention within TDCI. Requires the Director of the Division to serve as the executive director of the Board and deletes the Board's authority to hire a staff. Combines the Locksmith Licensing and Private Security Regulatory Funds. Deletes the requirement that the anticipated revenues from the Locksmith Licensing Act not cause more than 25 percent of the current budget to be carried over at the end of the fiscal year. Places the Statewide Community Services Agency, the Tennessee Board of Water Quality, Oil, and Gas, and the Underground Storage Tanks and Solid Waste Disposal Control Board under the Tennessee Governmental Entity Review Law. Under the Law, the entities will terminate on June 30, 2014. HOUSE AMENDMENT 2 (01614363) grants the Governor the authority to appoint and set the salary of the executive director of the Council for Career and Technical Education. |
| Fiscal Note |
(Dated: February 29, 2012) Decrease state expenditures - net impact - $248,700/General Fund. Net impact - $2,100/Environmental Protection Fund.
Other Fiscal Impact - There will be a shift of revenue and expenditures in the amount of $355,000 from the Division of Health Related Boards to the Division of Regulatory Boards associated with the transfer of the Massage Licensure Board. The Board's FY10-11 fund balance of $152,410.56 will also transfer to the Division of Regulatory Boards.
|
| Senate Status |
04/25/2012 - Senate passed. |
| House Status |
04/12/2012 - House passed with amendments 1 and 2. |
| Executive Status |
04/25/2012 - Sent to the speakers for signatures. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 4; Title 11; Title 16; Title 37; Title 38; Title 41; Title 49; Title 60; Title 62; Title 63; Title 64; Title 68; Title 69 and Title 71, relative to the restructuring of state agencies, committees, and boards and commissions. |
| Category |
Environment & Nature |
| Sponsors |
Sen. Randy McNally / Rep. Cameron Sexton |
| Description |
Authorizes the issuance of hunting licenses to persons who are ten years old or older and who are intellectually disabled, subject to their attending a hunter education course. Also requires such person to hunt in the presence of persons who are 25 years old or older and who are hunter-education-certified and licensed to hunt. |
| Amendment |
Senate amendment 1 (01282432) changes wording in subdivision 3 of section 1 to say "persons with intellectual disabilities who reside in this state and who are over the age of ten years" and rewrites section 2 to say "person issued the license is a person of intellectual disabilities" instead of "person is intellectually disabled." Senate amendment 2 (01315505) defines a person with intellectual disabilities as defined in T.C.A 33-1-101. Clarifies the type of hunting authorized in the bill and requires that a person with intellectual disabilities be accompanied with a licensed adult when hunting. Broadens the rulemaking authority of the TWRC. |
| Fiscal Note |
(Dated: January 29, 2012) Increase state revenue - $1,500/Over a 10-Year Period/Wildlife Resources Fund. Increase state expenditures - $1,500/one-time/Wildlife Resources Fund.
|
| Senate Status |
02/27/2012 - Senate passed with amendments 1 and 2. |
| House Status |
03/22/2012 - House passed. |
| Executive Status |
04/13/2012 - Enacted as Public Chapter 0713 effective April 11, 2012. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 70, Chapter 2, Part 1, relative to hunting licenses for intellectually disabled persons. |
| Category |
Environment & Nature |
| Sponsors |
Sen. Steve Southerland / Rep. David B. Hawk |
| Description |
Creates the "Solid Waste Planning Act of 2012," which would divert waste from landfills in order to manage waste and create jobs. Requires a board, when considering any proposed rule or regulation concerning solid waste, to evaluate how to manage solid waste as a raw material to create jobs through compositing, recycling, and re-use. Requires the board to evaluate recycling for different classes of waste. Allows universities to provide information and research to the board and the general assembly on diversion of solid waste. |
| Fiscal Note |
(Dated: February 4, 2012) Not significant.
|
| Senate Status |
03/14/2012 - Senate Energy & Environment deferred to 03/21/2012. |
| House Status |
01/31/2012 - Referred to House General Subcommittee of Conservation & Environment. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 68, Chapter 211, relative to solid waste disposal. |
Estates & Trusts - 3
| Category |
Estates & Trusts |
| Sponsors |
Sen. Mae Beavers / Rep. Gary Odom |
| Description |
Specifies rights of respondent in petition for appointment of a conservator. |
| Amendment |
Senate amendment 1 (01580966) rewrites the bill. Grants the court discretion in charging the costs of the proceedings against the respondent's property when a fiduciary is appointed. Requires the petition for the appointment of a conservator to contain a statement of any felony or misdemeanor convictions of the petitioner and proposed conservator. |
| Fiscal Note |
(Dated: February 5, 2012) Not significant.
|
| Senate Status |
04/18/2012 - Senate passed with amendment 1. |
| House Status |
04/23/2012 - House passed. |
| Executive Status |
04/30/2012 - Sent to governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 30, Chapter 3; Title 33; Title 34 and Title 71, relative to conservatorships. |
| Position |
Oppose |
| Category |
Estates & Trusts |
| Sponsors |
Sen. Mike Bell / Rep. Cameron Sexton |
| Description |
Allows securities or investment accounts held by bank trust departments to have a payable on death designated beneficiary. |
| Fiscal Note |
(Dated: February 2, 2012) Not significant.
|
| Senate Status |
02/13/2012 - Senate passed. |
| House Status |
02/23/2012 - House passed. |
| Executive Status |
03/16/2012 - Enacted as Public Chapter 0562 effective March 13, 2012. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 35, Chapter 12, relative to the Uniform Transfer on Death Security Registration Act. |
| Category |
Estates & Trusts |
| Sponsors |
Sen. Kerry Roberts / Rep. Michael Ray McDonald |
| Description |
Reduces a surviving spouse's elective share by the value of assets that the decedent transferred to the spouse within six months before death. |
| Fiscal Note |
(Dated: February 7, 2012) Not significant.
|
| Senate Status |
02/01/2012 - Referred to Senate Judiciary. |
| House Status |
03/21/2012 - Taken off notice in House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 30; Title 31; Title 32; Title 35 and Title 36, relative to elective share. |
Family Law - 17
| Category |
Family Law |
| Sponsors |
Sen. Stacey Campfield / Rep. G.A. Hardaway |
| Description |
Deletes language in current law stating that a court may modify a decree of child custody or visitation in the event that a parent volunteers for permanent military duty as a career choice. |
| Fiscal Note |
(Dated: January 24, 2012) Not significant.
|
| Senate Status |
01/12/2012 - Referred to Senate Judiciary. |
| House Status |
01/24/2012 - Referred to House General Subcommittee of Children & Family Affairs. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 36-6-113, relative to custody of children by parents in the armed forces. |
| Category |
Family Law |
| Sponsors |
Sen. Mark S. Norris / Rep. Gerald McCormick |
| Description |
Specifies that it would be grounds to initiate the termination of parental or guardianship rights if the child has been placed outside of the care, custody, or control of the child's parent or guardian by a court order for six months and the parent or guardian knows or should know of the court-ordered placement, yet fails to resolve the existing conditions that prevent the child's safe placement with the parent or guardian. (Part of Administration Package 2012) |
| Fiscal Note |
(Dated: January 25, 2012) Not significant.
|
| Senate Status |
04/03/2012 - Taken off notice in Senate Judiciary. |
| House Status |
04/04/2012 - Taken off notice in House Children & Family Affairs. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 36-1-113, relative to termination of parental rights. |
| Category |
Family Law |
| Sponsors |
Sen. Stacey Campfield / Rep. G.A. Hardaway |
| Description |
Allows judges to order mediation for two people who are seeking orders of protections against each other. |
| Amendment |
House amendment 1 (01348871) specifies that if parties involved with an order of protection case have a child, it is not a violation for the respondent to share visitation with that child as long as their behavior is appropriate. |
| Fiscal Note |
(Dated: January 27, 2012) Not significant.
|
| Senate Status |
04/25/2012 - Re-referred to Senate Calendar Committee. |
| House Status |
04/27/2012 - Failed in House Calendar & Rules. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 36, Chapter 3, Part 6, relative to orders of protection. |
| Category |
Family Law |
| Sponsors |
Sen. Randy McNally / Rep. Eric Watson |
| Description |
Requires that a parent ordered to pay medical bills or expenses for a child must do so within 30 days of a court order or have visitation rights suspended until the bills are paid along with any costs incurred as a result of the delay. Allows payment plan with medical care provider or the other parent. Broadly captioned. |
| Amendment |
House Children & Family Affairs amendment 1 (01464166) adds the provision where a parent is in violation of subsection (a) and fails to begin payments, set up a payment plan with the other parent, or set up a payment plan with the medical care provider, the custodial parent may refuse visitation by that parent until such time as these arrangements are made. Provides this new language shall not affect the continuation of child support payments. |
| Fiscal Note |
(Dated: January 26, 2012) Not significant.
|
| Senate Status |
01/18/2012 - Referred to Senate Judiciary. |
| House Status |
03/29/2012 - Withdrawn in House. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 36; Title 39 and Title 40, relative to child medical expenses. |
| Category |
Family Law |
| Sponsors |
Sen. Mike Bell / Rep. John Forgety |
| Description |
Enacts "Luke's Law." Adds that the court is required to consider two more factors when deciding a custody arrangement: the likelihood of each parent to honor and facilitate court-approved parenting rights and whether a parent has a history of willfully denying the other parent's right to parenting time in accordance with a court order. |
| Amendment |
House amendment 1 (01247365) rewrites the bill by deleting sections 1 and 2 entirely and substituting instead the language: in determining the willingness of each parent and caregivers to facilitate and encourage a close and continuing parent-child relationship, court shall consider past history to honor and facilitate court order parenting arrangements and rights, and the court shall further consider any history of either parent or caregivers denying parenting time to either parent in violation of a court order. |
| Fiscal Note |
(Dated: January 18, 2012) Not significant.
|
| Senate Status |
04/18/2012 - Senate passed. |
| House Status |
03/19/2012 - House passed with amendment 1. |
| Executive Status |
04/27/2012 - Sent to governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 24, Chapter 7 and Title 36, Chapter 6, relative to child custody. |
| Category |
Family Law |
| Sponsors |
Sen. Mike Bell / Rep. Jeremy Faison |
| Description |
Requires a parenting plan to list the percentage of residential time the child spends with each parent. |
| Fiscal Note |
(Dated: February 12, 2012) Increase state expenditures - $3,300/one-time.
|
| Senate Status |
01/19/2012 - Referred to Senate Judiciary. |
| House Status |
02/28/2012 - Taken off notice in House General Subcommittee of Children & Family Affairs. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 36 and Title 71, relative to parenting plans. |
| Category |
Family Law |
| Sponsors |
Sen. Tim Barnes / Rep. Joe Pitts |
| Description |
Authorizes the department of human services to attach a lien to any award of criminal injuries compensation of a recipient who is arrears with regards to child support payments in order to satisfy such arrearage. |
| Amendment |
Senate amendment 1 (01368692) rewrites the bill. Authorizes the department of human services to attach a lien to any award of criminal injuries compensation of a recipient who is arrears with regards to child support payments in order to satisfy such arrearage. Requires the division of claims administration to periodically notify the department of human services of claims that have been filed. Specifies that upon notice from the division, it shall be the department of human services' responsibility to then notify the division of a lien attaching to a claim for payment of child support arrearage. Makes the provisions of the bill effective for decisions made on or after July 1, 2012. |
| Fiscal Note |
(Dated: February 6, 2012) Not significant.
|
| Senate Status |
04/18/2012 - Senate passed with amendment 1. |
| House Status |
04/19/2012 - House concurred in Senate amendment 1. |
| Executive Status |
04/27/2012 - Sent to governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 29, Chapter 13, relative to a lien attached to the criminal injuries compensation funds for child support arrearage. |
| Category |
Family Law |
| Sponsors |
Sen. Randy McNally / Rep. John Ragan |
| Description |
Specifies that in any agreement or contract between the parents or guardian of a child and the adoptive parents that requires visitation or an open adoption, either party may enforce rights or terms under the agreement or contract except where the court finds that enforcement of those rights or terms is not in the best interest of the child. Allows adopted children who have reached the age of majority to be issued a new birth certificate with the name of the adoptive parent removed and replaced by the name of a deceased biological parent, if certain conditions are met. |
| Fiscal Note |
(Dated: February 13, 2012) Not significant.
|
| Senate Status |
01/26/2012 - Referred to Senate Judiciary. |
| House Status |
03/13/2012 - Taken off notice in House General Subcommittee of Children & Family Affairs. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 36 and Title 68, relative to adoptions. |
| Category |
Family Law |
| Sponsors |
Sen. Tim Barnes / Rep. Curtis G. Johnson |
| Description |
Substitutes the term "active duty military service" for "active duty service in the armed forces" to be used in statutes regarding visitation rights of biological or legal relatives with a child whose parent is out of state and on active duty. Defines "armed forces" as it is to be used in the relevant statute. |
| Fiscal Note |
(Dated: January 10, 2012) Not significant.
|
| Senate Status |
03/26/2012 - Senate passed. |
| House Status |
04/04/2012 - House passed. |
| Executive Status |
04/23/2012 - Enacted as Public Chapter 0770 effective April 19, 2012. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 36, relative to parents in the armed forces. |
| Category |
Family Law |
| Sponsors |
Sen. Tim Barnes / Rep. John J. Deberry Jr. |
| Description |
Specifies that training for guardians ad litem include training in early childhood, child and adolescent development |
| Fiscal Note |
(Dated: February 13, 2012) Not significant.
|
| Senate Status |
04/18/2012 - Senate passed. |
| House Status |
04/26/2012 - House passed. |
| Executive Status |
04/26/2012 - Sent to the speakers for signatures. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 37-1-149; Section 37-2-409 and Section 37-1-129, relative to proceedings in juvenile courts. |
| Category |
Family Law |
| Sponsors |
Sen. Beverly Marrero / Rep. Sherry Jones |
| Description |
Grants a relative of a child first preference in the adoption process, provided they have a substantial relationship. Broadly captioned. |
| Fiscal Note |
(Dated: March 18, 2012) Increase state expenditures - $7,585,800. Increase federal expenditures - $4,870,000.
|
| Senate Status |
01/30/2012 - Referred to Senate Judiciary. |
| House Status |
01/31/2012 - Referred to House General Subcommittee of Children & Family Affairs. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 36, Chapter 1 and Title 37, relative to adoption preferences. |
| Category |
Family Law |
| Sponsors |
Sen. Beverly Marrero / Rep. Sherry Jones |
| Description |
Increases financial penalty for violations of an order of protection from $50 to not less than $150 and not more than $500. Requires the judge to asses a civil penalty of not less than $500 and not more than $1,000 for any persons violating an order of protection for a second or subsequent time. Broadly captioned. |
| Fiscal Note |
(Dated: March 5, 2012) Other Fiscal Impact - Requiring judges to assess civil penalties for violations of orders of protection and increasing the penalty amount that the judges may assess will result in an increase in recurring state revenue and recurring local revenue. Such increases are not quantifiable due to several unknown factors, such as the number of violations or the amount of penalties currently assessed for such violations.
|
| Senate Status |
01/30/2012 - Referred to Senate Judiciary. |
| House Status |
03/07/2012 - Taken off notice in House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 36; Title 39 and Title 40, relative to violation of orders of protection. |
| Category |
Family Law |
| Sponsors |
Sen. Eric Stewart / Rep. David Alexander |
| Description |
Allows a parent to file a petition to terminate the rights of the other parent or a guardian. |
| Fiscal Note |
(Dated: February 23, 2012) Not significant.
|
| Senate Status |
02/01/2012 - Referred to Senate Judiciary. |
| House Status |
02/01/2012 - Referred to House General Subcommittee of Children & Family Affairs. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 36; Title 37 and Title 39, relative to termination of one parent's parental rights. |
| Category |
Family Law |
| Sponsors |
Sen. Dolores R. Gresham / Rep. Sherry Jones |
| Description |
Requires reports of physical child abuse be investigated by a child protective services investigator who is trained in investigating physical abuse or be referred to a child advocacy center. Prohibits such investigation from being performed by a probation officer previously assigned to the child. |
| Fiscal Note |
(Dated: March 11, 2012) Not significant.
|
| Senate Status |
02/01/2012 - Referred to Senate Judiciary. |
| House Status |
02/01/2012 - Referred to House General Subcommittee of Children & Family Affairs. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 37, relative to reports of abuse. |
| Category |
Family Law |
| Sponsors |
Sen. Reginald Tate / Rep. G.A. Hardaway |
| Description |
Clarifies that a person who is proven not to be the biological father of a minor child by genetic testing and is relieved by a court the duty to pay child support for such child has a civil cause of action against a biological father who has a legally imposed duty of support for the same child for recovery of the sums paid. |
| Fiscal Note |
(Dated: March 5, 2012) Not significant.
|
| Senate Status |
02/01/2012 - Referred to Senate Judiciary. |
| House Status |
03/06/2012 - Taken off notice in House General Subcommittee of Children & Family Affairs. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 36-2-309, relative to child support. |
| Category |
Family Law |
| Sponsors |
Sen. Reginald Tate / Rep. G.A. Hardaway |
| Description |
Gives a person who has been proven not to be the biological father of a minor child a civil cause of action against the child's biological father in order to recover child support actually paid, including court costs and any discretionary costs that may be allowed by the court. |
| Fiscal Note |
(Dated: January 14, 2012) Not significant.
|
| Senate Status |
02/01/2012 - Referred to Senate Judiciary. |
| House Status |
03/06/2012 - Taken off notice in House General Subcommittee of Children & Family Affairs. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 24-7-112; Title 36, Chapter 2 and Title 36, Chapter 5, relative to recovery of child support. |
| Category |
Family Law |
| Sponsors |
Sen. Kerry Roberts / Rep. Michael Ray McDonald |
| Description |
Gives grandparents with visitation rights, who have filed a petition in opposition of child relocation, standing to petition the court for custody. Allows the court to award custody to the grandparent after consideration of various defined factors. Broadly captioned. |
| Fiscal Note |
(Dated: February 8, 2012) Not significant.
|
| Senate Status |
02/01/2012 - Referred to Senate Judiciary. |
| House Status |
03/27/2012 - House General Subcommittee of Children & Family Affairs referred to Committee Study. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 16 and Title 36, relative to grandparent rights. |
Government Contracts - 1
| Category |
Government Contracts |
| Sponsors |
Sen. Andy Berke / Rep. Gary W. Moore Sr. |
| Description |
Prohibits persons who violate the Fair Labor Standards Act from contracting with the state for the provision of goods or services. |
| Fiscal Note |
(Dated: February 8, 2012) Not significant.
|
| Senate Status |
01/18/2012 - Referred to Senate State & Local Government. |
| House Status |
01/24/2012 - Referred to House General Subcommittee of State & Local Government. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 12, Chapter 4, relative to public contracts. |
Government Organization - 22
| Category |
Government Organization |
| Sponsors |
Sen. Mike Bell / Rep. Jim Cobb |
| Description |
Extends the advisory council on workers' compensation on June 30, 2014. |
| Amendment |
SENATE AMENDMENT 1 (01328132) adds nominating language. Replaces the present law authorization for the governor to appoint members to the advisory council on workers' compensation from lists of nominees that are submitted by specific representative governmental and professional organizations with a requirement that the governor must consult interested groups, including the organizations specified under present law, when selecting candidates for appointment to the council. This amendment authorizes the governor to consider nominees for appointment to the council that are submitted by any relevant representative group. SENATE AMENDMENT 2 (01345232) extends the advisory council on workers' compensation to June 30, 2016. |
| Fiscal Note |
(Dated: January 23, 2012) Not significant.
|
| Senate Status |
02/27/2012 - Senate passed with amendments 1 and 2. |
| House Status |
03/08/2012 - House concurred in Senate amendment 1 and 2. |
| Executive Status |
03/28/2012 - Enacted as Public Chapter 0622 effective March 23, 2012. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 4, Chapter 29 and Title 50, Chapter 6, Part 1, relative to the advisory council on workers' compensation. |
| Category |
Government Organization |
| Sponsors |
Sen. Mike Bell / Rep. Jim Cobb |
| Description |
Sunsets the judicial nominating commission on June 30, 2013 Chapter 29 and Title 17, Chapter 4. |
| Fiscal Note |
(Dated: January 30, 2012) Not significant.
|
| Senate Status |
01/13/2012 - Referred to Senate Government Operations. |
| House Status |
01/18/2012 - Referred to House Government Operations. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 4, Chapter 29 and Title 17, Chapter 4, relative to the judicial nominating commission. |
| Category |
Government Organization |
| Sponsors |
Sen. Stacey Campfield / Rep. Ryan A. Haynes |
| Description |
Repeals the office of legislative affairs in Knox County. |
| Senate Status |
03/05/2012 - Senate passed. |
| House Status |
02/13/2012 - House passed. |
| Executive Status |
03/28/2012 - Enacted as Private Chapter 35 effective March 26, 2012. |
| Caption |
AN ACT to repeal Chapter 64 of the Private Acts of 1971, relative to Office of Legislative Affairs for Knox County. |
| Category |
Government Organization |
| Sponsors |
Sen. Mike Bell / Rep. Jim Cobb |
| Description |
Reduces public notice period for government operations committee sunset hearings published in newspaper of general circulation from ten days to six days. |
| Fiscal Note |
(Dated: January 17, 2012) Not significant.
|
| Senate Status |
01/19/2012 - Referred to Senate State & Local Government. |
| House Status |
02/08/2012 - Taken off notice in House General Subcommittee of State & Local Government. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 4, Chapter 29, relative to the Tennessee Governmental Entity Review Law. |
| Category |
Government Organization |
| Sponsors |
Sen. Mike Bell / Rep. Jim Cobb |
| Description |
Requires notice of government operations committee sunset hearings to be posted on the division of state audit's website rather than such notice being published in newspapers of general circulation, which is the current law requirement. Requires notice on website to be listed at least once every 90 days. |
| Senate Status |
01/19/2012 - Referred to Senate State & Local Government. |
| House Status |
02/01/2012 - Withdrawn in House. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 4, Chapter 29, relative to the Tennessee Governmental Entity Review Law. |
| Category |
Government Organization |
| Sponsors |
Sen. Jack Johnson / Rep. Charles M. Sargent |
| Description |
Decreases the amount of time from 30 to 20 days after receipt that the office of open records counsel must report a decision back to a governing body on whether its plan to begin using a forum to allow electronic communication by its members complies with open meeting laws. |
| Fiscal Note |
(Dated: February 26, 2012) Not significant.
|
| Senate Status |
01/23/2012 - Referred to Senate State & Local Government. |
| House Status |
01/24/2012 - Referred to House General Subcommittee of State & Local Government. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 8, Chapter 44, relative to open meetings. |
| Category |
Government Organization |
| Sponsors |
Sen. Mae Beavers / Rep. Mark Pody |
| Description |
Clarifies that a governing body shall not hold a series of gatherings with less than the required number of members present where the purpose of the gatherings is to avoid compliance with the law. |
| Fiscal Note |
(Dated: March 11, 2012) Not significant.
|
| Senate Status |
01/26/2012 - Referred to Senate State & Local Government. |
| House Status |
02/02/2012 - Referred to House General Subcommittee of State & Local Government. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 8, Chapter 44, relative to open meetings. |
| Category |
Government Organization |
| Sponsors |
Sen. Mike Faulk / Rep. Bill W. Harmon |
| Description |
Limits terms for members of the house of representatives to 12 years and limits terms for members of the senate to 12 years. |
| Senate Status |
01/30/2012 - Referred to Senate State & Local Government. |
| House Status |
03/07/2012 - Taken off notice in House General Subcommittee of State & Local Government. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 3, Chapter 1, Part 1, relative to term limits for members of the general assembly. |
| Category |
Government Organization |
| Sponsors |
Sen. Jack Johnson / Rep. Gerald McCormick |
| Description |
Requires the appointments made by the speaker of the house and the speaker of the senate to the Tennessee criminal justice coordinating council to be from the respective state and local government committee of each house. Broadly captioned. |
| Amendment |
Senate amendment 1 (01487672) authorizes the Commissioner of Correction to extend, for a term greater than five years, a private prison contract for the purpose of evaluating the Department's operational strategy for the use of the contract facility. Prohibits such extension from exceeding 12 months. Requires the contract amendment accomplishing such an extension to be approved by the State Building Commission, the Attorney General and Reporter, and the Commissioner of Correction; with the opportunity for review and comment by the Fiscal Review Committee. |
| Fiscal Note |
(Dated: February 26, 2012) Not significant.
|
| Senate Status |
04/16/2012 - Senate passed with amendment 1. |
| House Status |
04/24/2012 - House passed. |
| Executive Status |
04/30/2012 - Sent to governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 4 and Title 41. |
| Category |
Government Organization |
| Sponsors |
Sen. Mike Bell / Rep. Eric Watson |
| Description |
Expands notice requirement for contested case hearings, from reasonable notice to 30 days notice. Prohibits appeal of order of continuance in hearings until order permitting appeal is issued. Authorizes petition for attorney's fees and costs by persons in contested case hearings. |
| Fiscal Note |
(Dated: March 8, 2012) Increase state expenditures - $9,600/one-time/FY12-13/Safety. $1,100,000/Recurring/Safety/FY12-13 and subsequent years. $96,400/Recurring/DHS/FY12-13 and subsequent years.
|
| Senate Status |
01/30/2012 - Referred to Senate Government Operations. |
| House Status |
02/01/2012 - Referred to House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 4, Chapter 5, relative to the Uniform Administrative Procedures Act. |
| Category |
Government Organization |
| Sponsors |
Sen. Lowe Finney / Rep. Mike Stewart |
| Description |
Requires that the executive director of the district attorneys general conference and the director of the TBI to appear annually before a joint committee meeting of the House and Senate judiciary committees to report on the quality and quantity of the respective prosecutorial and investigative resources and any recommendations for improvement. Requires the House and Senate judiciary committees to annually invite the chief justice of the Tennessee Supreme Court to the deliver a state of the judiciary address to a joint meeting of those committees. |
| Fiscal Note |
(Dated: February 26, 2012) Not significant.
|
| Senate Status |
02/01/2012 - Referred to Senate Judiciary. |
| House Status |
03/21/2012 - Taken off notice in House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 8; Title 38; Title 39; Title 40; Title 53 and Title 67, relative to law enforcement. |
| Category |
Government Organization |
| Sponsors |
Sen. Lowe Finney / Rep. Mike Stewart |
| Description |
Requires that the executive director of the district attorneys general conference and the director of the TBI to appear annually before a joint committee meeting of the House and Senate judiciary committees to report on the quality and quantity of the respective prosecutorial and investigative resources and any recommendations for improvement. Requires the House and Senate judiciary committees to annually invite the chief justice of the Tennessee Supreme Court to the deliver a state of the judiciary address to a joint meeting of those committees. |
| Fiscal Note |
(Dated: February 26, 2012) Not significant.
|
| Senate Status |
02/01/2012 - Referred to Senate Judiciary. |
| House Status |
03/21/2012 - Taken off notice in House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 8; Title 38; Title 39; Title 40; Title 53 and Title 67, relative to law enforcement of drug laws. |
| Category |
Government Organization |
| Sponsors |
Sen. Mae Beavers / Rep. Rick Womick |
| Description |
Extends the Judicial Nominating Commission to June 30, 2013. |
| Fiscal Note |
(Dated: March 7, 2012) Not significant.
|
| Senate Status |
02/01/2012 - Referred to Senate Government Operations. |
| House Status |
02/01/2012 - Referred to House Government Operations. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 4, Chapter 29 and Title 17, Chapter 4, relative to the judicial nominating commission. |
| Category |
Government Organization |
| Sponsors |
Sen. Mae Beavers / Rep. Rick Womick |
| Description |
Extends the Tennessee Court of the Judiciary, to June 30, 2013. |
| Fiscal Note |
(Dated: March 22, 2012) Not significant.
|
| Senate Status |
02/01/2012 - Referred to Senate Government Operations. |
| House Status |
02/01/2012 - Referred to House Government Operations. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 4, Chapter 29 and Title 17, Chapter 5, relative to Tennessee court of the judiciary. |
| Category |
Government Organization |
| Sponsors |
Sen. Mike Bell / Rep. Jim Cobb |
| Description |
Sunsets the Tennessee board of court reporting on June 30, 2014. |
| Amendment |
Senate amendment 1 (01328332) adds nominating language. Specifies that the court reporter members may be appointed from lists of qualified person submitted by interested court reporter groups, including but not limited to, the Tennessee Court Reporters Association. Requires the governor to consult with such groups before making any appointments to the board. |
| Fiscal Note |
(Dated: February 20, 2012) Not significant.
|
| Senate Status |
03/26/2012 - Senate passed with amendment 1. |
| House Status |
03/28/2012 - House passed. |
| Executive Status |
04/13/2012 - Enacted as Public Chapter 0698 effective April 11, 2012. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 4, Chapter 29 and Title 20, Chapter 9, Part 6, relative to the Tennessee board of court reporting. |
| Category |
Government Organization |
| Sponsors |
Sen. Mike Bell / Rep. Jim Cobb |
| Description |
Sunsets the Tennessee motor vehicle commission on June 30, 2015. |
| Amendment |
House amendment 1 (01413661) changes the sunset date to June 30, 2016. Senate amendment 1 (01320732) revises the membership of the Tennessee motor vehicle commission to require that the 16 member commission, including the chair, be selected as follows: (1) One industry member must be selected from each of the state's nine congressional districts and the chair must be selected from the state at large. Industry members may be selected and appointed by the governor from lists of qualified persons furnished by interested automotive groups including, but not limited to, the Tennessee Automotive Association; (2) Two members must be affiliated with motor vehicle manufacturers licensed in Tennessee, to be selected from the state at large. Such manufacturer members may be selected and appointed by the governor from a list of qualified persons submitted by interested motor vehicle manufacturers licensed in Tennessee. However, if the manufacturers fail to submit a list of qualified persons within 180 days of any vacancy, the governor may appoint a consumer member to fill each vacancy; and (3) Four consumer members appoint by the governor who are citizens of this state and who have no interest in the commercial manufacture or sale of motor vehicles. |
| Fiscal Note |
(Dated: February 21, 2012) Not significant.
|
| Senate Status |
04/02/2012 - Senate concurred in House amendment. |
| House Status |
03/28/2012 - House passed with amendment 1, which changes the sunset date to 2016. |
| Executive Status |
04/23/2012 - Enacted as Public Chapter 0776 effective April 19, 2012. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 4, Chapter 29 and Title 55, Chapter 17, Part 1, relative to the Tennessee motor vehicle commission. |
| Category |
Government Organization |
| Sponsors |
Sen. Mike Bell / Rep. Vance Dennis |
| Description |
Creates a special joint committee to conduct a comprehensive study of the administrative process in Tennessee, including the Uniform Administrative Procedures Act. Requires the committee to report its recommendations to the 108th general assembly no later than December 1, 2012, at which time the committee shall cease to exist. |
| Fiscal Note |
(Dated: February 15, 2012) Increase state expenditures - $1,800/each one-day meeting.
|
| Senate Status |
02/01/2012 - Referred to Senate Delayed Bills Committee. |
| House Status |
02/01/2012 - Referred to House State & Local Government. |
| Caption |
AN ACT to create a special joint committee for the purpose of conducting a comprehensive study of the administrative process in this state. |
| Category |
Government Organization |
| Sponsors |
Sen. Mike Bell / Rep. Vance Dennis |
| Description |
Requires all reviews of initial orders in contested case hearings to be conducted by an administrative judge within the administrative procedures division of the office of the secretary of state rather than being conducted by state agencies. |
| Fiscal Note |
(Dated: March 10, 2012) Increase state expenditures - $600/one-time/DHS. Exceeds $1,459,900/recurring. Increase state revenues - $300,000/APD. Increase federal expenditures - $600/one-time/DHS. $155,000/Recurring/DHS. $661,900/TennCare.
|
| Senate Status |
02/01/2012 - Referred to Senate Government Operations. |
| House Status |
02/01/2012 - Referred to House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 4, relative to the Uniform Administrative Procedures Act. |
| Category |
Government Organization |
| Sponsors |
Sen. Reginald Tate / Rep. Phillip Johnson |
| Description |
Allows entertainment, food, refreshments, meals, or beverages, that are provided with an in-state event to which invitations were extended to an entire standing committee, are exempt from the prohibit gifts provision. Requires the invitation to be sent out seven days in advance and sent to the ethics commission, and that the lobbyist or employer, within 30 days following the event, report to the commission the total cost paid for the event and the per person cost. Requires the per person cost not to exceed the $50 limit required by law. |
| Fiscal Note |
(Dated: March 11, 2012) Not significant.
|
| Senate Status |
02/01/2012 - Referred to Senate State & Local Government. |
| House Status |
01/31/2012 - Referred to House General Subcommittee of State & Local Government. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 3, Chapter 6, relative to gifts. |
| Category |
Government Organization |
| Sponsors |
Sen. James F. Kyle Jr. / Rep. Craig Fitzhugh |
| Description |
Creates the "Influence Disclosure Act," which requires model bills filed by members to be accompanied by a form created by the chief clerk that states the bill is a model bill and identifying the organization that bill originated from. Requires completed forms to be available on the general assembly's web site. |
| Fiscal Note |
(Dated: January 25, 2012) Not significant.
|
| Senate Status |
02/01/2012 - Referred to Senate State & Local Government. |
| House Status |
03/07/2012 - Failed in House General Subcommittee of State & Local Government. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 3, Chapter 2, relative to the "Influence Disclosure Act". |
| Category |
Government Organization |
| Sponsors |
Rep. Eric Watson |
| Description |
Sunsets the judicial nominating commission on June 30, 2014. |
| Fiscal Note |
(Dated: March 5, 2012) Not significant.
|
| Senate Status |
None |
| House Status |
02/01/2012 - Referred to House Government Operations. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 4, Chapter 29 and Title 17, Chapter 4, relative to the judicial nominating commission. |
| Category |
Government Organization |
| Sponsors |
Rep. Eric Watson |
| Description |
Sunsets the Tennessee court of the judiciary on June 30, 2014. |
| Fiscal Note |
(Dated: March 7, 2012) Not significant.
|
| Senate Status |
None |
| House Status |
02/01/2012 - Referred to House Government Operations. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 4, Chapter 29 and Title 17, Chapter 5, relative to the Court of the Judiciary. |
Government Regulation - 8
| Category |
Government Regulation |
| Sponsors |
Sen. Jim Tracy / Rep. Joey Hensley |
| Description |
Requires suspicion-based urine drug tests of TANF applicants and recipients. Notice of tests provided at time of application. Individuals who test positive for controlled substances are ineligible for TANF benefits for one year. Those who fail a second test are ineligible for three years after the second test. Those testing positive receive a list of substance abuse treatment providers and may reapply after six months upon successful completion of a program. Dependent child's eligibility for benefits not affected. Broadly captioned. |
| Fiscal Note |
(Dated: March 15, 2012) Increase state expenditures - $572,500/FY12-13. $419,900/FY13-14 $405,700/FY14-15 and subsequent years. Other Fiscal Impact - The total decrease in recurring state expenditures from benefit sanctions as a result of the new eligibility requirement is estimated to be $1,039,600. These TANF funds not expended due to applicant sanctions can be utilized by DHS in administering the drug testing program. However, according to DHS, the Department is already at the cap of allowable administrative costs for TANF and any cost avoidance resulting from this bill would be used to serve TANF eligible clients, resulting in an equal increase in recurring state expenditures, for a net impact on TANF funds of zero.
|
| Senate Status |
01/13/2012 - Referred to Senate Health & Welfare. |
| House Status |
02/01/2012 - Referred to House General Subcommittee of Health & Human Resources. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 4; Title 50 and Title 71, relative to drug screenings of recipients of certain assistance. |
| Category |
Government Regulation |
| Sponsors |
Sen. Lowe Finney / Rep. Craig Fitzhugh |
| Description |
Requires the registry of election finance to notify each member of the general assembly by sending notices to the member's email addresses, in addition to their home and legislative address. |
| Fiscal Note |
(Dated: January 18, 2012) Not significant.
|
| Senate Status |
01/18/2012 - Referred to Senate State & Local Government. |
| House Status |
01/25/2012 - Referred to House General Subcommittee of State & Local Government. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 2, Chapter 10, relative to campaign finance. |
| Category |
Government Regulation |
| Sponsors |
Sen. Jim Summerville / Rep. John Ragan |
| Description |
Enacts "Tennessee Civil Rights Initiative Act." Prohibits the state, including all entities of the state that derive authority from the state, from discriminating or granting preferential treatment to any individual or group based on sex, race, color, ethnicity, or national origin in the operation of all aspects of public employment, education, or contracting. |
| Fiscal Note |
(Dated: February 21, 2012) Increase state expenditures - $15,000/one-time. $70,000/Recurring.
|
| Senate Status |
03/27/2012 - Taken off notice in Senate State & Local Government. |
| House Status |
03/07/2012 - Taken off notice in House General Subcommittee of State & Local Government. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 4, Chapter 21, to enact the "Tennessee Civil Rights Initiative Act" relative to discrimination and preferences in government. |
| Category |
Government Regulation |
| Sponsors |
Sen. Mae Beavers / Rep. Mark Pody |
| Description |
Requires DHS commissioner to seek a waiver from the United States Department of Agriculture to allow this state to include cardholder's photos on every EBT card issued pursuant to the food stamp program, by September 1, 2012. Requires DHS to provide cost estimates and implementation suggestions by January 1, 2013 to house and senate committees. |
| Fiscal Note |
(Dated: February 16, 2012) Not significant.
|
| Senate Status |
01/30/2012 - Referred to Senate Health & Welfare. |
| House Status |
03/27/2012 - Taken off notice in House General Subcommittee of Health & Human Resources. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 71, Chapter 5, Part 3, relative to food stamps. |
| Category |
Government Regulation |
| Sponsors |
Sen. Randy McNally / Rep. Charles M. Sargent |
| Description |
Clarifies that all state, county and municipal records shall be open for personal inspection by any citizen of this state during business hours, unless otherwise provided by state law, defined as the statutes, rules, and case law of this state. |
| Fiscal Note |
(Dated: March 6, 2012) Not significant.
|
| Senate Status |
01/30/2012 - Referred to Senate State & Local Government. |
| House Status |
02/01/2012 - Referred to House General Subcommittee of State & Local Government. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 10, Chapter 7, Part 5, relative to public records. |
| Category |
Government Regulation |
| Sponsors |
Sen. Reginald Tate / Rep. Brenda Gilmore |
| Description |
Requires recipients of federal assistance or benefits administered by DHS, department of finance and administration, or any other state or local government agency to present a specified photo ID in order to receive or access such benefits. |
| Senate Status |
02/01/2012 - Referred to Senate Health & Welfare. |
| House Status |
03/06/2012 - Taken off notice in House General Subcommittee of Health & Human Resources. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 4 and Title 71, relative to requiring the presenting of a photographic identification by any individual seeking to receive or access any federal assistance benefit in this state. |
| Category |
Government Regulation |
| Sponsors |
Sen. Joe M. Haynes / Rep. Phillip Johnson |
| Description |
Enacts the "Tennessee Land Use Act," which provides judicial review of local government administrative land use decisions by establishing uniform, expedited appeal procedures and uniform criteria for reviewing such decisions, in order to provide consistent, predictable, and timely judicial review. Replaces the common law writ of certiorari in the appeal of such decisions. Requires a petition for land use review to be filed 60 days after the date of the meeting where the land use decision took place. Allows the petition to request attorney fees. Requires respondents named in the petition desiring to make a defense to answer the petition in 30 days from the date of filing. Requires the trial court to provide expedited review of petitions filed, and allows any party to file for summary judgment. Requires the decision of the administrative board or commission to be upheld unless the decision is beyond the jurisdiction of the board or commission, illegal, arbitrary and capricious, or fraudulent. Allows the court to dismiss the whole or part of petition for judicial review, affirm, modify or reserve the decision of board or commission, or remand the decision for modification. Broadly captioned. (12pgs) |
| Amendment |
House Judiciary Subcommittee amendment 2 (01442466) corrects a typographical error. |
| Fiscal Note |
(Dated: March 1, 2012) Not significant.
|
| Senate Status |
03/06/2012 - Senate Judiciary deferred to 3/13/2012. |
| House Status |
04/03/2012 - Taken off notice in House Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 5; Title 6; Title 7; Title 8; Title 13; Title 27; Title 29 and Title 68, relative to land use. |
| Category |
Government Regulation |
| Sponsors |
Rep. Harry J. Tindell |
| Description |
Requires members of the general assembly to attend an ethics course in every odd-numbered year, instead of annually. Requires lobbyists to attend one ethics course every other year, instead of annually. Allows manuals of ethics statutes and administrative regulations to be distributed electronically. |
| Fiscal Note |
(Dated: February 7, 2012) Not significant.
|
| Senate Status |
None |
| House Status |
02/01/2012 - Referred to House General Subcommittee of State & Local Government. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 3, Chapter 6, Part 1, relative to ethics courses and training. |
Health Care - 12
| Category |
Health Care |
| Sponsors |
Sen. Steve Southerland / Rep. David B. Hawk |
| Description |
Limits pain management clinics and their providers in giving or prescribing opioids, benzodiazepine, barbiturates, or carisoprodol, but not including suboxone. Dosage cannot exceed the manufacturer's recommended dosage over a 30-day period. |
| Fiscal Note |
(Dated: January 29, 2012) Not significant.
|
| Senate Status |
01/13/2012 - Referred to Senate Health & Welfare Committee. |
| House Status |
01/25/2012 - Referred to House General Subcommittee of Health & Human Resources. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 39; Title 53; Title 63 and Title 68, relative to pain management clinics. |
| Category |
Health Care |
| Sponsors |
Sen. Mark S. Norris / Rep. Gerald McCormick |
| Description |
Requires that minimum specifications for public buildings constructed, enlarged, or substantially altered or repaired be in compliance with the 2010 Americans with Disabilities Act (ADA) Standards for Accessible Design, rather than the Uniform Federal Accessibility Standards or the ADA Accessibility Guidelines. (Part of Administration Package 2012.) |
| Fiscal Note |
(Dated: January 23, 2012) Not significant.
|
| Senate Status |
02/06/2012 - Senate passed. |
| House Status |
02/09/2012 - House passed. |
| Executive Status |
03/02/2012 - Enacted as Public Chapter 0517 effective February 23, 2012. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 68-120-204(a)(1), relative to adoption of 2010 ADA Standards for Accessible Design. |
| Category |
Health Care |
| Sponsors |
Sen. Mark S. Norris / Rep. Gerald McCormick |
| Description |
Revises various provisions of present law regarding admission to developmental centers. Replaces the admission committees and admission review boards of each developmental center with a single statewide admission review committee. Clarifies that admission to the center may include eligible persons with intellectual or developmental disabilities, instead of just developmental disabilities. Present law regarding admission to developmental centers details various powers and duties of the chief officer of a developmental center. This bill specifies that such powers and duties would instead apply to "the chief officer or director of the developmental center, or the appointed designee of the developmental center". Under present law, if the chief officer determines that a person no longer meets the standards under which the person was admitted to the center, then the chief officer must discharge the person. This bill revises this provision to instead specify that a person would be discharged from the center if the chief officer, director or designee and the statewide admission review committee determine that the person no longer meets the standards under which the person was admitted. (Part of Administration Package 2012) |
| Amendment |
Senate amendment 1 (01183003) changes the effective date to "upon becoming law." Senate amendment 2 (01203118) makes technical changes to sections 3, 4 and 7 of the original bill, changing the format of the sections but preserving the language in the original bill. |
| Fiscal Note |
(Dated: January 23, 2012) Not significant.
|
| Senate Status |
03/05/2012 - Senate passed with amendments 1 and 2. |
| House Status |
03/12/2012 - House passed. |
| Executive Status |
04/03/2012 - Enacted as Public Chapter 0636 effective March 30, 2012. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 33, relative to a statewide admissions review committee for admissions to developmental centers for persons with intellectual or developmental disabilities. |
| Category |
Health Care |
| Sponsors |
Sen. Mark S. Norris / Rep. Gerald McCormick |
| Description |
Authorizes the department of intellectual and developmental disabilities to allow certain unlicensed individuals to follow universal do not resuscitate orders that are made available to them in a form approved by the board for licensing health care facilities. This bill would apply to those unlicensed individuals who provide direct support and care to persons supported and who are employed by agencies that are licensed under state law and under contract to provide residential or adult day programs and personal assistance or who provide direct support and care to persons supported within the ICF/ID homes and department facilities. Defines "unlicensed individuals who provide direct care and support to persons supported" as the unlicensed individuals, including their unlicensed direct care and support supervisors, who are employed to provide direct care and support to persons supported within the department of intellectual and developmental disabilities ICF/ID homes and facilities or by agencies that are licensed under state law and under contract with the department. (Part of Administration Package 2012) |
| Amendment |
House amendment 1 (01183603) changes the effective date to "upon becoming law." House amendment 2 (01200918) corrects typographical errors, changing the alignment of sections. |
| Fiscal Note |
(Dated: January 29, 2012) Not significant.
|
| Senate Status |
02/27/2012 - Senate passed. |
| House Status |
02/09/2012 - House passed with amendments 1 and 2. |
| Executive Status |
03/14/2012 - Enacted as Public Chapter 0541 effective March 8, 2012. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 68, relative to unlicensed individuals of the department of intellectual and developmental disabilities following universal do not resuscitate orders. |
| Category |
Health Care |
| Sponsors |
Sen. Mark S. Norris / Rep. Gerald McCormick |
| Description |
Revises various provisions of the Medicaid False Claims Act. Specifies that an action for medicaid fraud may be brought against any person who: (1) Knowingly presents, or causes to be presented, a false or fraudulent claim for payment or approval under the medicaid program; (2) Knowingly makes, uses, or causes to be made or used, a false record or statement material to a false or fraudulent claim to get a false or fraudulent claim under the medicaid program paid for or approved; (3) Conspires to commit a violation of (1), (2), or (4); or (4) Knowingly makes, uses, or causes to be made or used, a false record or statement material to an obligation to pay or transmit money, or property to the state, or knowingly conceals, or knowingly and improperly, avoids, or decreases an obligation to pay or transmit money or property to the state, relative to the medicaid program. Also specifies that the amount of the civil penalty described above for a violation of medicaid fraud would be adjusted by the Federal Civil Penalties Inflation Adjustment Act. Requires that the court dismiss an action or claim for medicaid fraud, unless opposed by the state, if substantially the same allegations or transactions as alleged in the action or claim were publicly disclosed in a criminal, civil, or administrative hearing in which the state or its agent is a party; in a state legislative, state comptroller, or other state report, hearing, audit, or investigation; or from the news media, unless the action is brought by the attorney general or district attorney general or the person bringing the action is an original source of the information. Defines "original source" as a person who either prior to such a public disclosure has voluntarily disclosed to the state the information on which allegations or transactions in a claim are based or who has knowledge that is independent of and materially adds to the publicly disclosed allegations or transactions, and who has voluntarily provided the information to the state before filing the action. Specifies that if the state elects to intervene and proceed with an action for medicaid fraud brought by a person other than the attorney general, then the state may file its own complaint, or amend the complaint of the person who had brought the action, to clarify or add detail to the claims in which the state is intervening and to add any additional claims with respect to which the state contends it is entitled to relief. (Part of Administration Package 2012) |
| Amendment |
House amendment 1 (01173218) increases, from $10,000 to $25,000, the amount of actual damages that the Bureau of TennCare may seek through an administrative proceeding. House amendment 2 (01201318) makes technical corrections to the directory language of section 4. |
| Fiscal Note |
(Dated: January 23, 2012) Increase state expenditures - not significant.
Other Fiscal Impact - Prevents the recurring loss of approximately $4,766,700 in state revenue from recovered false claims.
|
| Senate Status |
04/05/2012 - Senate passed. |
| House Status |
02/23/2012 - House passed with amendments 1 and 2. |
| Executive Status |
04/26/2012 - Enacted as Public Chapter 00806 effective April 23, 2012. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 71, Chapter 5, relative to the Medicaid False Claims Act. |
| Category |
Health Care |
| Sponsors |
Sen. Randy McNally / Rep. Bill Dunn |
| Description |
Authorizes the commissioner of health or the practitioner's licensing board to suspend on an emergency basis the license of a practitioner who is under state or federal indictment involving sale or dispensing controlled substances. |
| Amendment |
SENATE HEALTH & WELFARE AMENDMENT 1 (01416918) deletes all language after the enacting clause. Requires any licensed health care practitioner to, within three business days of receiving a federal or state indictment for an offense involving the sale or dispensing of controlled substances, report such indictment to the practitioner's licensing board. Failure to comply with this requirement constitutes a violation of the practitioner's relevant practice act and subjects the practitioner to discipline or sanction under that act. Encourages the district attorney general and appropriate attorneys for the federal government to promptly notify a relevant licensing board when a practitioner is indicted in this state for such offense. Requires the practitioner's licensing board to hold an expedited emergency hearing, within 10 days of learning of the indictment, to determine whether discipline or sanction is appropriate under the practitioner's relevant practice act. Authorizes any necessary hearings to be conducted by telephonic or other means authorized by law. SENATE HEALTH & WELFARE AMENDMENT 2 (01562018) deletes "by telephonic or other means otherwise" in section b and substitutes "as" in its place. HOUSE AMENDMENT 1 (01451218) deletes all language after the enacting clause. Requires any licensed health care practitioner to, within seven calendar days of acquiring knowledge of a federal or state indictment for an offense involving the sale or dispensing of controlled substances, report such indictment to the practitioner's licensing board. Failure to comply with this requirement may be grounds for disciplinary actions against the practitioner's license. Encourages the district attorney general and appropriate attorneys for the federal government to, when appropriate, promptly notify a relevant licensing board when a practitioner is indicted in this state for such offense. Requires the practitioner's licensing board to hold an expedited review of the practitioner's conduct alleged in the indictment, within 15 calendar days of learning of the indictment, to determine if the matter merits an expedited investigation by the board. Requires the Department of Health's Office of Investigations to conduct an investigation if necessary. |
| Fiscal Note |
(Dated: February 12, 2012) Not significant.
|
| Senate Status |
03/21/2012 - Senate Health & Welfare Committee recommended with amendments 1 and 2. Sent to Senate Calendar & Rules. |
| House Status |
04/25/2012 - House passed with amendment 1. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 63, relative to suspension of certain licenses. |
| Category |
Health Care |
| Sponsors |
Sen. Jack Johnson / Rep. Glen Casada |
| Description |
Provides immunity from civil or criminal liability for first responders who use forcible entry to enter premises to render emergency medical assistance. Specifies that first responder to a 911 call must make reasonable efforts to summon occupant and have a good faith belief that it is necessary to make a forcible entry for purposes of rendering medical assistance or preventing bodily harm. Enacts "Jaclyn's Law." |
| Amendment |
HOUSE AMENDMENT 1 (01285466) removes references to providing immunity for criminal liability to first responders. HOUSE AMENDMENT 2 (01317002) revises the provisions in the bill by changing all references of "emergency medical assistance" to "emergency assistance." SENATE AMENDMENT 1 (01615563) incorporates House amendments 1 and 2. SENATE AMENDMENT 2 (01661472) clarifies that reasonable efforts must be made to summon the occupant that made the call as a condition of receiving immunity from liability. |
| Fiscal Note |
(Dated: January 24, 2012) Not significant.
|
| Senate Status |
04/12/2012 - Senate passed with amendments 1 and 2. |
| House Status |
04/16/2012 - House concurred in Senate amendment 1 and 2. |
| Executive Status |
04/27/2012 - Signed by governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 7, Chapter 86; Title 29; Title 63, Chapter 6 and Title 68, Chapter 140, relative to immunity in responding to emergency calls. |
| Category |
Health Care |
| Sponsors |
Sen. Mike Bell / Rep. Vance Dennis |
| Description |
Establishes an Independent Formal Dispute Resolution Program for nursing homes, as required by the federal Patient Protection and Affordable Care Act. Directs the program to have three independent members, and explains the qualifications required of each member. |
| Fiscal Note |
(Dated: February 28, 2012) Increase state expenditures - $23,100. Decrease federal expenditures - $23,100.
|
| Senate Status |
01/26/2012 - Referred to Senate Government Operations. |
| House Status |
02/01/2012 - Referred to House General Subcommittee of Health & Human Resources. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 68, Chapter 11, Part 2, relative to independent informal dispute resolution for nursing homes. |
| Category |
Health Care |
| Sponsors |
Sen. Randy McNally / Rep. Bill Dunn |
| Description |
Prohibits an individual from coercing, compelling, or forcing a hospital to violate any individual's religious beliefs or religious freedom. Creates Class A misdemeanor for violations of this. Asserts individuals have the right to abstain from medical treatment for religious reasons. |
| Fiscal Note |
(Dated: February 28, 2012) Not significant.
|
| Senate Status |
01/26/2012 - Referred to Senate Health & Welfare. |
| House Status |
02/01/2012 - Referred to House General Subcommittee of Health & Human Resources. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 68, Chapter 11, relative to religious liberty rights of hospital patients. |
| Category |
Health Care |
| Sponsors |
Sen. Mike Bell / Rep. Cameron Sexton |
| Description |
Eliminates state policy requirements to provide all medically acceptable contraception measures and replaces it with requirement to provide all appropriate contraceptive measures. Eliminates language prohibiting the state and its agencies to place restrictions on contraceptive procedures, supplies, and information. Broadly captioned. |
| Fiscal Note |
(Dated: February 26, 2012) Other Fiscal Impact - According to the Department of Health, limiting the type of contraceptives offered in clinics operated by the Department would place Tennessee out of compliance with federal Title X guidelines and would jeopardize approximately $6,547,500 in Title X funds that the state currently receives.
|
| Senate Status |
01/30/2012 - Referred to Senate Health & Welfare. |
| House Status |
01/24/2012 - Referred to House General Subcommittee of Health & Human Resources. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 4; Title 68 and Title 71, relative to contraceptive procedures. |
| Category |
Health Care |
| Sponsors |
Sen. Rusty Crowe / Rep. Matthew Hill |
| Description |
Creates a duty for any person who has knowledge of another individual's threat to commit suicide to inform such threat to at least one of the following entities: law enforcement authorities, adult protective services staff or children's protective services staff, the individual's licensed mental health or health care provider, or the individual's parent, guardian or adult family member if the individual is a minor. Such duty is subject to confidentiality. |
| Fiscal Note |
(Dated: March 10, 2012) Not significant.
|
| Senate Status |
02/01/2012 - Referred to Senate Health & Welfare. |
| House Status |
02/02/2012 - Referred to House General Subcommittee of Health & Human Resources. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 33 and Title 39, relative to a duty to warn in instances of threats of suicide. |
| Category |
Health Care |
| Sponsors |
Sen. Roy B. Herron / Rep. David Shepard |
| Description |
Creates violations for unauthorized divulging or posting in electronic format, readily accessible on the internet, of a patient's name, address or other identifying information. Authorizes certain civil actions, criminal prosecution, or civil penalties for violation. Broadly captioned. |
| Fiscal Note |
(Dated: March 15, 2012) Not significant.
|
| Senate Status |
02/01/2012 - Referred to Senate Health & Welfare. |
| House Status |
02/01/2012 - Referred to House Health & Human Resources. House Government Operations will review if recommended. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 4; Title 28; Title 29; Title 47; Title 63 and Title 68, relative to medical records. |
Insurance General - 7
| Category |
Insurance General |
| Sponsors |
Sen. Bill Ketron / Rep. Charles Curtiss |
| Description |
Enacts the "Unclaimed Life Insurance Benefits Act." Requires an insurer to perform a comparison of its insureds' in-force life insurance policies and retained asset accounts against a death master file, on at least a quarterly basis, using criteria reasonably designed to identify potential matches of its insureds. For potential matches identified as a result of the comparison, requires insurers to complete a good faith effort to confirm the death of the insured against other available information and determine whether benefits are due. Permits the insurer to disclose minimum necessary personal information about the insured or beneficiary to a person who the insurer reasonably believes may be able to assist the insurer locate the beneficiary or a person entitled to payment of the claims proceeds. Prohibits an insurer from charging insureds, account holders, or beneficiaries for any fees or costs associated with a search or verification conducted pursuant to this bill. |
| Fiscal Note |
(Dated: January 30, 2012) Other Fiscal Impact - An increase in state revenue to the Unclaimed Property Division of the Department of the Treasury may occur as a result of this bill. However, any such increase cannot be quantified with reasonable certainty due to unknown factors.
|
| Senate Status |
03/13/2012 - Taken off notice in Senate Commerce, Labor & Agriculture. |
| House Status |
03/21/2012 - Taken off notice in House General Subcommittee of Commerce. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 56 and Title 66, Chapter 29, to enact the "Unclaimed Life Insurance Benefits Act". |
| Category |
Insurance General |
| Sponsors |
Sen. Bill Ketron / Rep. Charles Curtiss |
| Description |
Exempts certain insurers of commercial risk insurance from filing with the commissioner of commerce and insurance all rates, supplementary rate information, policy forms and endorsements. Requires such insurers to place a written disclaimer of such exemption in the policy or application. |
| Amendment |
SENATE AMENDMENT 1 (01548863) makes the bill. Defines "exempt commercial risk policyholder" and "risk manager" relative to insurance rates and rating organizations. Directs that commercial risk policies issued to an exempt commercial risk policyholder by an insurer of commercial risk insurance are exempt from the rate filing requirements in TCA 56-5-306. Directs that an insurer of commercial risk insurance is subject to statutory penalties if the insurer fails to comply with statutory requirements relative to a commercial risk insurance policy issued to a commercial policyholder and the policyholder has not filed the required certification. Requires the certification form to be maintained as confidential. Requires specified disclaimer language in any application or policy issued to an exempt commercial risk policyholder. Increases, from $5,000,000 to $15,000,000, the amount of net revenue or sales a company must generate to receive the exemption, if qualifying based upon sales. Increases, from $50,000 to $250,000, the amount of paid annual aggregate insurance premiums a company must have in the preceding fiscal year if qualifying for the exemption based on premiums. |
| Fiscal Note |
(Dated: February 5, 2012) Not significant.
|
| Senate Status |
04/09/2012 - Senate passed with amendment 1. |
| House Status |
04/16/2012 - House passed. |
| Executive Status |
04/19/2012 - Sent to governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 56, Chapter 5, relative to insurance rates and rating organizations. |
| Category |
Insurance General |
| Sponsors |
Sen. Bill Ketron / Rep. Charles Curtiss |
| Description |
Authorizes an insurer to make, offer, or permit a preference or distinction in certain insurance policies based on membership in certain groups that are actuarially justified and not excessive, inadequate or unfairly discriminatory. Authorizes the commissioner of commerce and insurance to examine such insurers for compliance. |
| Fiscal Note |
(Dated: January 27, 2012) Not significant.
|
| Senate Status |
03/13/2012 - Taken off notice in Senate Commerce, Labor & Agriculture. |
| House Status |
02/29/2012 - House General Subcommittee of Commerce deferred to last calendar. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 56-5-315 and Title 56, Chapter 8, relative to unfair trade practices in the business of insurance. |
| Category |
Insurance General |
| Sponsors |
Sen. Mark S. Norris / Rep. Linda Elam |
| Description |
Deletes provisions in current law that prohibits insurance companies from making or offering to make a preference or distinction in property, marine, casualty, or surety insurance as to form or policy, certificate, premium, rate, benefits, or conditions of insurance, based upon membership, nonmembership, or employment of any person by or in certain groups. |
| Fiscal Note |
(Dated: February 7, 2012) Not significant.
|
| Senate Status |
01/30/2012 - Referred to Senate Commerce, Labor & Agriculture. |
| House Status |
02/22/2012 - Taken off notice in House General Subcommittee of Commerce. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 56, Chapter 8, Part 1, relative to insurance. |
| Category |
Insurance General |
| Sponsors |
Sen. Bill Ketron / Rep. Charles M. Sargent |
| Description |
Prohibits the department of commerce and insurance from requiring title insurance companies and rating organizations to file as part of the title insurance schedule of rates, the portion of the charge for title insurance applicable to search and examination in connection with title insurance for real property located in counties with populations less than 175,000 instead of the current 275,000. |
| Senate Status |
03/01/2012 - Senate passed. |
| House Status |
03/08/2012 - House passed. |
| Executive Status |
03/29/2012 - Enacted as Public Chapter 0631 effective March 23, 2012. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 56-35-129, relative to title search and examination. |
| Category |
Insurance General |
| Sponsors |
Sen. Rusty Crowe / Rep. Matthew Hill |
| Description |
Prevents life insurance companies from voiding a policy or denying a claim based on an erroneous but good-faith error in the application. |
| Fiscal Note |
(Dated: February 1, 2012) Not significant.
|
| Senate Status |
02/01/2012 - Referred to Senate Commerce, Labor & Agriculture. |
| House Status |
02/01/2012 - Referred to House General Subcommittee of Commerce. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 56, Chapter 7, relative to life insurance. |
| Category |
Insurance General |
| Sponsors |
Sen. Reginald Tate / Rep. James O. Naifeh |
| Description |
Allows a charitable organization to calculate reserves using the Annuity 2000 Mortality Table and other interest assumption, or other mortality table. Allows organization to maintain a separate Tennessee account. Allows the commissioner to designate a later time for the organization to submit an audited report. |
| Fiscal Note |
(Dated: February 9, 2012) Not significant.
|
| Senate Status |
04/02/2012 - Senate passed. |
| House Status |
03/01/2012 - House passed. |
| Executive Status |
04/18/2012 - Enacted as Public Chapter 0743 effective April 16, 2012. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 56, Chapter 52, relative to charitable gift annuities. |
Insurance Health - 4
| Category |
Insurance Health |
| Sponsors |
Sen. Jack Johnson / Rep. Glen Casada |
| Description |
Allows insurers authorized to sell insurance in Tennessee to issue individual accident and sickness policies in Tennessee that are currently approved for issuance in another state. Specifies that "individual accident and sickness policy" includes comprehensive major medical coverage for medical and surgical benefits, and also includes "high deductible health plans" sold or maintained under Section 223 of the Internal Revenue Code. |
| Fiscal Note |
(Dated: February 8, 2012) Not significant.
|
| Senate Status |
03/28/2012 - Senate Commerce, Labor & Agriculture deferred to the call of the chair. |
| House Status |
04/04/2012 - Taken off notice in House Health & Human Resources. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 56, relative to individual health insurance coverage. |
| Category |
Insurance Health |
| Sponsors |
Sen. James F. Kyle Jr. / Rep. Craig Fitzhugh |
| Description |
Revises limiting age for termination of health insurance coverage for dependents from 24 years of age to 26 years of age. |
| Fiscal Note |
(Dated: February 28, 2012) Increase state expenditures - not significant.
Potential Impact on Health Insurance Premiums (required by Tenn. Code Ann. -SC 3-2-111): Such legislation will not result in a significant increase in the cost of health insurance premiums because it is only requiring plans to comply with federal regulations that have been in effect since January 1, 2011.
|
| Senate Status |
02/01/2012 - Referred to Senate Commerce, Labor & Agriculture. |
| House Status |
01/24/2012 - Referred to House General Subcommittee of Commerce. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 56, Chapter 7, relative to dependent children. |
| Category |
Insurance Health |
| Sponsors |
Sen. James F. Kyle Jr. / Rep. Craig Fitzhugh |
| Description |
Revises various state statutes concerning preexisting condition exclusions to be consistent with federal law. |
| Fiscal Note |
(Dated: February 28, 2012) Increase state expenditures - not significant. Potential Impact on Health Insurance Premiums (required by Tenn. Code Ann. -SC 3-2-111): Such legislation will not result in a significant increase in the cost of health insurance premiums because it is only requiring plans to comply with federal regulations as of January 1, 2014.
|
| Senate Status |
02/01/2012 - Referred to Senate Commerce, Labor & Agriculture. |
| House Status |
01/22/2012 - Referred to House General Subcommittee of Commerce. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 56, relative to preexisting condition exclusions. |
| Category |
Insurance Health |
| Sponsors |
Rep. Charles M. Sargent |
| Description |
Designates the department of finance and administration as the state agency for the implementation of Public Law 111-148, the federal Patient Protection and Affordable Care Act. |
| Senate Status |
None |
| House Status |
02/01/2012 - Withdrawn in House. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 4; Title 56 and Title 71, relative to the administration of state activities and policies relating to certain federal laws. |
Judiciary - 63
| Category |
Judiciary |
| Sponsors |
Sen. Brian K. Kelsey / Rep. Vance Dennis |
| Description |
Provides that no statutory private right of action or affirmative duty of care is created unless a statute contains express language creating the right or duty. Prohibits state courts, licensing boards and administrative agencies from interpreting actions or affirmative duties to exist without such express language unless based in common law and no other controlling statute exists. |
| Amendment |
Senate amendment 4 (01411471) removes this bill's prohibition against court's and administrative agencies interpreting a statute to impliedly create an affirmative duty so that this bill will only apply to the court and agency created causes of action. Replaces the provisions of this bill that prohibit this bill from being construed in any way to impair the ability of a court to: (1) Create or confer a private right of action or impose an affirmative duty in the absence of a controlling statute if such action or duty is based on the common law; or (2) Impute negligence or unlawful conduct to a party based upon the party's violation of a statute. This amendment instead specifies that nothing in this bill may be construed to impair the ability of a court to: (1) Recognize a private right of action that was recognized before the effective date of this section by the courts of this state as arising under a statute, unless the statute is amended after the effective date of this section to expressly bar the private right of action; (2) Create or confer a private right of action in the absence of a controlling statute on each cause of action contained in the complaint if such action is based on the common law; (3) Utilize the doctrine of negligence per se; or (4) Recognize a private right of action commenced by a state or local governmental entity to collect any fees owed for a governmental service or to recover such fees from a party that is obligated to bill and collect fees owed others for a governmental service. This amendment also prohibits any construction of this bill that would impair the ability of a state or local regulatory or licensing agency to enforce rules pursuant to the uniform administrative procedures act, if such rules were duly enacted through the rulemaking authority granted to any such agency by statute. This amendment changes the effective date of this bill to July 1, 2012. |
| Fiscal Note |
(Dated: December 16, 2011) Not significant.
|
| Senate Status |
03/08/2012 - Senate passed with amendment 4. |
| House Status |
03/29/2012 - House passed. |
| Executive Status |
04/23/2012 - Enacted as Public Chapter 0759 effective July 1, 2012. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 1, Chapter 3, Part 1, relative to the construction of certain statutes. |
| Position |
Oppose |
| Category |
Judiciary |
| Sponsors |
Sen. Doug Overbey / Rep. Vance Dennis |
| Description |
Creates new procedure to determine whether a criminal defendant is competent to stand trial or to determine the defendant's mental capacity at the time of the crime. Before ordering outpatient evaluation, the court must hear testimony on whether the defendant poses a substantial likelihood of serious harm in an outpatient situation. If likelihood exists, court shall order the defendant hospitalized for evaluation. |
| Fiscal Note |
(Dated: March 11, 2012) Increase state expenditures - net impact - $2,837,600. Increase local expenditures - $16,700.
|
| Senate Status |
01/13/2012 - Referred to Senate Judiciary. |
| House Status |
01/24/2012 - Referred to House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 33, Chapter 7, Part 3, relative to criminal defendants believed to be incompetent to stand trial. |
| Category |
Judiciary |
| Sponsors |
Sen. Mike Bell / Rep. Jim Cobb |
| Description |
Extends the Tennessee court of the judiciary on June 30, 2013. |
| Fiscal Note |
(Dated: January 30, 2012) Not significant.
|
| Senate Status |
01/13/2012 - Referred to Senate Government Operations. |
| House Status |
01/18/2012 - Referred to House Government Operations. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 4, Chapter 29 and Title 17, Chapter 5, Part 2, relative to the Tennessee court of the judiciary. |
| Category |
Judiciary |
| Sponsors |
Sen. Mike Bell / Rep. Jim Cobb |
| Description |
Extends the judicial performance evaluation commission until June 30, 2013. |
| Fiscal Note |
(Dated: January 30, 2012) Not significant.
|
| Senate Status |
04/19/2012 - Senate passed. |
| House Status |
04/18/2012 - House passed. |
| Executive Status |
04/27/2012 - Sent to governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 4, Chapter 29 and Title 17, Chapter 4, Part 2, relative to the judicial performance evaluation commission. |
| Category |
Judiciary |
| Sponsors |
Sen. Mae Beavers |
| Description |
Removes the supreme court, circuit, criminal, and chancery court from jurisdiction to determine the constitutionality of a statue properly enacted by the general assembly. |
| Senate Status |
01/23/2012 - Withdrawn in Senate. |
| House Status |
None |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 4, Chapter 5 and Title 16, relative to the jurisdiction of the courts. |
| Category |
Judiciary |
| Sponsors |
Sen. Mike Bell / Rep. Eric Watson |
| Description |
Requires all grand jury proceedings, except when investigative grand juries are deliberating or voting, to be recorded by tape, wire, or stenograph. Records will be sealed. |
| Fiscal Note |
(Dated: January 30, 2012) Not significant.
|
| Senate Status |
01/18/2012 - Referred to Senate Judiciary. |
| House Status |
03/01/2012 - Withdrawn in House. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 16; Title 39 and Title 40, relative to grand jury proceedings. |
| Category |
Judiciary |
| Sponsors |
Sen. Joe M. Haynes / Rep. Jim Gotto |
| Description |
Authorizes a senior psychological examiner to provide an examination and sworn report to a court concerning conservatorship. Each report must contain the respondent's medical history, provided it does not go beyond the examiner's scope of practice. |
| Fiscal Note |
(Dated: January 27, 2012) Not significant.
|
| Senate Status |
04/09/2012 - Senate passed. |
| House Status |
02/23/2012 - House passed. |
| Executive Status |
04/26/2012 - Enacted as Public Chapter 0807 effective April 23, 2012. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 34 and Title 63, relative to conservatorship. |
| Category |
Judiciary |
| Sponsors |
Sen. Randy McNally / Rep. Gerald McCormick |
| Description |
Creates 13 additional assistant district attorney positions across the state and requires that the district attorneys general conference prepare a report for the speakers and the chairs of the judiciary committees recommending districts in which positions should be designated. |
| Fiscal Note |
(Dated: March 14, 2012) Increase state expenditures - $2,025,900/FY12-13. $2,509,900/FY13-14 and subsequent years.
|
| Senate Status |
04/10/2012 - Taken off notice in Senate Judiciary. |
| House Status |
03/27/2012 - House Judiciary recommended. Sent to House Finance, Ways & Means. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 8 and Title 16, Chapter 2, relative to public employees. |
| Category |
Judiciary |
| Sponsors |
Sen. Tim Barnes / Rep. Janis Baird Sontany |
| Description |
Adds physician assistants to list of medical professionals who are exempt from subpoena to trial in a civil action but who are subject to subpoena to a deposition. |
| Fiscal Note |
(Dated: February 4, 2012) Not significant.
|
| Senate Status |
02/23/2012 - Senate passed. |
| House Status |
03/19/2012 - House passed. |
| Executive Status |
04/10/2012 - Enacted as Public Chapter 0678 effective April 4, 2012. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 24-9-101, relative to physician assistants. |
| Category |
Judiciary |
| Sponsors |
Sen. Randy McNally / Rep. Bill Dunn |
| Description |
Specifies if the jury returns a verdict of guilty in a criminal case, the trial court does not have the authority to set aside the guilty verdict or grant a new trial because it disagrees with the jury about the weight of the evidence. |
| Fiscal Note |
(Dated: March 16, 2012) Not significant.
|
| Senate Status |
04/10/2012 - Taken off notice in Senate Judiciary. |
| House Status |
01/25/2012 - Referred to House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 40, Chapter 18, relative to verdicts in criminal cases. |
| Position |
Oppose |
| Category |
Judiciary |
| Sponsors |
Sen. Stacey Campfield / Rep. Vance Dennis |
| Description |
Requires a plaintiff receiving in a judgment less than 80 percent of the settlement amount offered in a lawsuit or a defendant owing a judgment more than 80 percent of the settlement amount offered in a lawsuit prior to trial to pay certain litigation expenses of the opposing party. Urges the state supreme court to expedite the hearing of appeals under $100,000. |
| Fiscal Note |
(Dated: February 23, 2012) Not significant.
|
| Senate Status |
01/23/2012 - Referred to Senate Judiciary. |
| House Status |
01/31/2012 - Referred to House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 25, relative to offers of judgment. |
| Position |
Oppose |
| Category |
Judiciary |
| Sponsors |
Sen. Mike Faulk / Rep. Vince Dean |
| Description |
Eliminates the 72-hour time period restriction to determine whether or not the surrender of a defendant was for good cause in cases where a surrender is based on a condition or final judgment of forfeiture issued by the court having jurisdiction over the defendant. |
| Fiscal Note |
(Dated: February 10, 2012) Not significant.
|
| Senate Status |
03/26/2012 - Senate passed. |
| House Status |
03/12/2012 - House passed. |
| Executive Status |
04/13/2012 - Enacted as Public Chapter 0685 effective April 10, 2012. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 40-11-137, relative to surrendering defendants. |
| Category |
Judiciary |
| Sponsors |
Sen. Rusty Crowe / Rep. Dale Ford |
| Description |
Exempts court reporters aged 55 years or older who have been licensed for at least five years from continuing education credit requirements as a condition for license renewal. |
| Fiscal Note |
(Dated: February 15, 2012) Not significant.
|
| Senate Status |
01/23/2012 - Referred to Senate Commerce, Labor & Agriculture. |
| House Status |
02/29/2012 - Failed, for lack of a second, in House General Subcommittee of Commerce. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 20, Chapter 9, Part 6, relative to continuing education for court reporters. |
| Category |
Judiciary |
| Sponsors |
Sen. Jack Johnson / Rep. Vance Dennis |
| Description |
Authorizes the award of punitive damages in a civil action against a defendant based on vicarious liability under certain circumstances. |
| Amendment |
House Judiciary amendment 1 (01539266) deletes all language after the enacting clause. Makes technical corrections. Authorizes the award of punitive damages in cases involving vicarious liability where the act or omission of an agent or employee is determined by special verdict based on clear and convincing evidence that the act was committed by someone employed in a management capacity and was acting within the scope of employment; the defendant was reckless in hiring, retaining, supervising, or training the agent or employee and such recklessness was the proximate cause of the injury; and the defendant authorized, ratified, or approved the act or omission with knowledge or conscious disregard for the injury. Defines "someone employed in a management capacity." |
| Fiscal Note |
(Dated: February 10, 2012) Not significant.
|
| Senate Status |
04/11/2012 - Failed in Senate Judiciary. |
| House Status |
04/19/2012 - Taken off notice in House Calendar & Rules. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 29, relative to punitive damages. |
| Position |
Oppose |
| Category |
Judiciary |
| Sponsors |
Sen. Jack Johnson / Rep. Vance Dennis |
| Description |
Removes judicial discretion to apportion costs and permits recovery of certain litigation costs by the successful party on motions to dismiss. |
| Amendment |
HOUSE AMENDMENT 1 (01538366) rewrites the bill. Requires a judge to award costs and reasonable attorneys' fees to the prevailing party in a civil proceeding in which the court grants a motion to dismiss for failure to state a claim upon which relief may be granted. Specifies that costs include, but are not limited to, court costs, attorneys' fees, court reporter fees, interpreter fees, and guardian ad litem fees. Requires the award to be made after all appeals of the issue of the granting of the motion to dismiss are exhausted. Prohibits the court from requiring a party to pay costs in excess of $10,000 in any such single lawsuit. Establishes procedure for awarding costs in lawsuits with multiple moving parties. Exempts actions by or against the state, other governmental entities, or public officials acting in their official capacity under color of law; any claim that is dismissed by the granting of a motion to dismiss that was filed more than 60 days after the moving party received service of the complaint; any claim that the party against whom the motion to dismiss was filed withdrew or in good faith amended; pro se litigants who have not acted unreasonably in bringing or refusing to withdraw the claim; specified non-frivolous claims brought in good faith; and any claim for which relief could be granted under a law in effect at the time the motion was filed. SENATE AMENDMENT 2 (01739318) specifies that this bill will apply to causes of action arising on and after July 1, 2012. SENATE AMENDMENT 3 (01740018) replaces Senate amendment 2 and specifies that this bill will apply to causes of action filed on and after July 1, 2012. SENATE AMENDMENT 4 replaces Senate amendment 3 and specifies that this bill will apply to claims filed on and after July 1, 2012. |
| Fiscal Note |
(Dated: February 10, 2012) Not significant.
|
| Senate Status |
04/25/2012 - Senate passed with amendments 2, 3, and 4. |
| House Status |
04/27/2012 - House concurred in Senate amendments 2, 3 and 4. |
| Executive Status |
04/27/2012 - Sent to the speakers for signatures. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 20; Title 25; Title 27 and Title 29, relative to motions to dismiss. |
| Position |
Oppose |
| Category |
Judiciary |
| Sponsors |
Sen. Joe M. Haynes / Rep. Mike Stewart |
| Description |
Authorizes an action for trespass to be brought in any court of general jurisdiction in county where trespass occurred or where the trespasser resides. Broadly captioned. |
| Fiscal Note |
(Dated: February 23, 2012) Not significant.
|
| Senate Status |
01/25/2012 - Referred to Senate Judiciary. |
| House Status |
03/21/2012 - Taken off notice in House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 29 and Title 66, relative to trespass. |
| Category |
Judiciary |
| Sponsors |
Sen. Rusty Crowe / Rep. Jon Lundberg |
| Description |
Increases from five to seven days the notice required to a defendant prior to a hearing regarding abatement of a nuisance. |
| Fiscal Note |
(Dated: January 25, 2012) Not significant.
|
| Senate Status |
01/25/2012 - Referred to Senate Judiciary. |
| House Status |
01/25/2012 - Referred to House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 23 and Title 29, relative to maintaining certain causes of action. |
| Category |
Judiciary |
| Sponsors |
Sen. Mike Faulk / Rep. Vance Dennis |
| Description |
Terminates the court of the judiciary on July 1, 2012 and replaces it with a 16-person board of judicial conduct and changes the burden of proof to investigate a judge to probable cause that misconduct occurred from significant likelihood that it did. |
| Amendment |
SENATE AMENDMENT 1 (01258932) changes the termination date for the Tennessee board of judicial conduct to June 30, 2014. SENATE AMENDMENT 2 (01427271) deletes all language after the enacting clause. Effective July 1, 2012, dissolves the Court of the Judiciary and replaces it with the Board of Judicial Conduct. The Board will have 16 members appointed by the judicial conferences, the Speakers of the Senate and House of Representatives, and the Governor. Authorizes the non-judicial members to be members of the District Attorneys General Conference or the District Public Defenders Conference. Reduces membership terms from four to three years. Requires the Chair of the Board to appoint one member to serve as a direct liaison to the General Assembly. Requires the Board to compile and transmit to the chief clerks of the House and Senate by the 20th day of each month a report detailing the number of complaints filed and the disposition of each complaint along with a cumulative, year-to-date total. Requires the Board to compile and transmit a report by the 20th day of January, March, June, and September, detailing the number of complaints opened, closed, the disposition of complaints closed, the number of complaints pending, the number of complaints for which probable cause has been found, the number of complaints for which formal charges have been filed based on a recommendation by an investigative panel, and the nature of any complaint filed according to the enumerated categories listed in the bill as amended for the prior three month period. Requires the Chairperson of the Board to immediately provide the Speakers of the Senate and House of Representatives with the name, type of judge, judicial district, if applicable, the reason for the reprimand, and the number of previous reprimands each time a judge receives a second or subsequent public reprimand for conduct occurring during the entire period of time the person is a sitting judge; receives a second or subsequent private reprimand for conduct within the same misconduct category set out in Tenn. Code Ann. 17-5-207(b)(7) occurring during any eight-year term the person holds the office of judge; or receives a third or subsequent private reprimand for conduct within any of the misconduct categories set out in Tenn. Code Ann. 17-5-207(b)(7) during any eight-year term the person holds the office of judge. Designates as a public record the notice provided to the speakers regarding a judge who received a second or subsequent public reprimand during the entire time the person is a sitting judge. However, such notice to the Speakers of private reprimands shall remain confidential unless the General Assembly opens an investigation of such judge pursuant to Article VI, Section 6, or Article V of the Tennessee Constitution. Requires the Board to adopt, by rule, a formal records retention policy and requires annual review of such policy. Sets the termination date for the Board at June 30, 2014. |
| Fiscal Note |
(Dated: January 28, 2012) Not significant.
|
| Senate Status |
03/29/2012 - Senate passed with amendments 1 & 2. |
| House Status |
04/09/2012 - House passed. |
| Executive Status |
04/30/2012 - Enacted as Public Chapter 0819 effective April 25, 2012 |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 4, Chapter 29 and Title 17, Chapter 5, relative to the court of the judiciary. |
| Category |
Judiciary |
| Sponsors |
Sen. Brian K. Kelsey / Rep. Barrett Rich |
| Description |
Allows a court clerk to charge a one time subscription fee of $120 for a registered user of the electronic filing system. Allows a court clerk to charge up to $.08 a copy but not total more than $2.10. |
| Amendment |
HOUSE AMENDMENT 2 (01591971) specifies that in any court where electronic filing, signing or verification of papers has been authorized by court rule, the state and any department or contractor of the state shall not be required to file documents electronically, notwithstanding any local court rule. |
| Fiscal Note |
(Dated: March 13, 2012) On March 4, 2012, a fiscal note was issued estimating a fiscal impact as follows:
Increase state expenditures - $204,100/one-time. $74,700/Recurring. Increase local revenue - exceeds $84,100/one-time/permissive. Exceeds $74,700/recurring/permissive.
This impact was in error. Based on additional review, the estimated impact is:
(CORRECTED)
Increase state expenditures - $120,000/one-time. Increase local revenue - exceeds $72,000/one-time/permissive.
|
| Senate Status |
04/25/2012 - Senate passed. |
| House Status |
04/24/2012 - House passed with amendment 2. |
| Executive Status |
04/25/2012 - Sent to the speakers for signatures. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 8-21-401, relative to court clerks' fees. |
| Category |
Judiciary |
| Sponsors |
Sen. Brian K. Kelsey / Rep. Vance Dennis |
| Description |
Requires a party to a lawsuit to pay the opposing side's attorneys' fees and costs if he or she rejects a settlement offer that later turns out to be better than the verdict. Applies to a plaintiff who rejects a defendant's offer when the subsequent judgment is worth less than 75 percent of the offer. Applies to a defendant who rejects a plaintiff's offer when the subsequent judgment for the plaintiff is worth more than 125 percent of the offer. Establishes standards and deadlines for making, accepting, and withdrawing offers. |
| Fiscal Note |
(Dated: February 24, 2012) Not significant.
|
| Senate Status |
04/11/2012 - Taken off notice in Senate Judiciary. |
| House Status |
03/28/2012 - Taken off notice in House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 20, relative to settlement offers. |
| Position |
Oppose |
| Category |
Judiciary |
| Sponsors |
Sen. Tim Barnes / Rep. Curtis G. Johnson |
| Description |
Allows the collection of criminal court fines, costs, and litigation taxes in same manner as civil debt. Broadly captioned. |
| Fiscal Note |
(Dated: March 1, 2012) Not significant.
|
| Senate Status |
04/10/2012 - Taken off notice in Senate Judiciary. |
| House Status |
01/31/2012 - Referred to House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 20 and Title 40, relative to monies owed to courts. |
| Category |
Judiciary |
| Sponsors |
Sen. Randy McNally / Rep. Charles M. Sargent |
| Description |
Requires trial courts to verify income and property of defendants seeking court-appointed counsel in non-capital criminal cases. Places burden of proof of indigency on the defendant. Establishes definition of indigency for purposes of court-appointed counsel, taking into consideration value of real property and motor vehicles, as well as ability to pay appearance bond in excess of $5,000. Creates a judgment lien in favor of state against defendants for unpaid attorney's fees and costs. Provides that willful nonpayment of the judgment is criminal contempt. Increases professional privilege tax for deposit in indigent defense fund. Requires supreme court to adopt rules concerning qualifications and appointment of private attorneys. |
| Fiscal Note |
(Dated: March 14, 2012) On March 10, 2012, a fiscal note was issued estimating a fiscal impact as follows:
Increase state revenue - $4,269,600/Indigent Defense Fund. Increase state expenditures - $3,400,000/General Fund. Increase local expenditures - exceeds $48,000/mandatory.
Based upon additional information received from the Clerks of Court Conference, the estimated impact is:
(CORRECTED) Increase state revenue - $4,269,600/recurring/Indigent Defense Fund. Increase state expenditures - $3,200/one-time/General Fund. $5,130,600/Recurring/General Fund. Increase local expenditures - $6,581,800/recurring/mandatory.
|
| Senate Status |
01/26/2012 - Referred to Senate Judiciary. |
| House Status |
03/21/2012 - Taken off notice in House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 8, Chapter 14; Title 16; Title 37; Title 40, Chapter 14 and Title 67, Chapter 4, Part 17, relative to legal representation of certain indigent defendants. |
| Position |
Oppose |
| Category |
Judiciary |
| Sponsors |
Sen. Mike Faulk / Rep. Eric Watson |
| Description |
Establishes judicial selection commission as the successor to the judicial nominating commission. Requires commission to rate all candidates for a vacancy and submit all names to governor, rather than choosing the three best qualified. Requires legislative confirmation for some appointees. |
| Fiscal Note |
(Dated: March 7, 2012) Not significant.
|
| Senate Status |
04/10/2012 - Taken off notice in Senate Judiciary. |
| House Status |
02/01/2012 - Referred to House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 17, Chapter 4, Part 1, relative to judicial selection. |
| Category |
Judiciary |
| Sponsors |
Sen. Mike Faulk / Rep. Vance Dennis |
| Description |
Clarifies which judges are affected by campaign finance disclosure laws. Allows newly elected judges and chancellors to practice law only to wind down their practice. Changes procedures when a chancellor is incompetent to try a case. |
| Fiscal Note |
(Dated: February 8, 2012) Not significant.
|
| Senate Status |
04/09/2012 - Senate passed. |
| House Status |
03/29/2012 - House passed. |
| Executive Status |
04/26/2012 - Enacted as Public Chapter 0789 effective April 23, 2012. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 2-10-102; Section 17-2-112; Section 17-2-202; Section 17-1-105 and Section 23-3-102, relative to judges. |
| Category |
Judiciary |
| Sponsors |
Sen. Brian K. Kelsey / Rep. Jim Coley |
| Description |
Authorizes judge of Division XIV to appoint one or more suitable person or persons to act as referee or referees at the pleasure of the judge subject to approval by a majority vote of the legislative body of the county. Clarifies that the referee has the powers of a trial judge and the same authority as the judge directing the case to the referee. |
| Fiscal Note |
(Dated: February 11, 2012) Not significant.
|
| Senate Status |
03/26/2012 - Senate passed. |
| House Status |
03/26/2012 - House passed. |
| Executive Status |
04/13/2012 - Enacted as Public Chapter 0710 effective April 11, 2012. |
| Caption |
AN ACT to amend Chapter 772 of the Public Acts of 1982, as amended by Chapter 426 of the Public Acts of 1991, as amended by Chapter 182 of the Public Acts of 2003, and Chapter 550 of the Public Acts of 2007, and any other acts amendatory thereto, relative to referees in certain environmental courts. |
| Category |
Judiciary |
| Sponsors |
Sen. Bill Ketron / Rep. Rick Womick |
| Description |
Requires that when a court orders a defendant charged with a misdemeanor to be evaluated for insanity, the court will order the evaluation to be completed within 15 days. |
| Amendment |
House amendment 1 (01345966) deletes all language after the enacting clause. Requires a court ordered inpatient evaluation to determine the mental health capacity of an individual charged with a misdemeanor to be completed within 30 days of admission to the facility. |
| Fiscal Note |
(Dated: February 6, 2012) Increase state expenditures - net impact - $231,900. Increase local expenditures - net impact - $295,400.
|
| Senate Status |
04/26/2012 - Senate passed. |
| House Status |
04/24/2012 - House passed with amendment 1. |
| Executive Status |
04/26/2012 - Sent to the speakers for signatures. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 33, Chapter 7, Part 3, relative to mental health of defendants. |
| Category |
Judiciary |
| Sponsors |
Sen. Andy Berke / Rep. Karen D. Camper |
| Description |
Requires that funds taken from a person who is protected by the federal Servicemembers Civil Relief Act in a default judgment be returned to that person upon a finding that the person is so protected. Broadly captioned. |
| Amendment |
Senate amendment 1 (01565666) rewrites the bill. Requires a court that wrongly grants a default decision imposing an obligation for child support from or against an eligible individual who is protected under the federal Servicemembers Civil Relief Act, 50 U.S.C. 501 et seq., to issue an order to the individual receiving funds that the funds must be returned and reimbursed. |
| Fiscal Note |
(Dated: March 7, 2012) Not significant.
|
| Senate Status |
04/18/2012 - Senate passed with amendment 1. |
| House Status |
04/24/2012 - House passed. |
| Executive Status |
04/30/2012 - Sent to governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 20; Title 25; Title 26; Title 27; Title 29; Title 36; Title 47 and Title 67, relative to service members protected under the federal Servicemembers Civil Relief Act. |
| Category |
Judiciary |
| Sponsors |
Sen. Brian K. Kelsey / Rep. Linda Elam |
| Description |
Increases two court fees of small estate affidavits and for opening and closing an estate by $5, and requires notice to be given of such acts to the department of revenue. Revises the deadline for a creditor to file a claim against an estate. Authorizes the disclosure of certain confidential health records to insurance companies for the purpose of permitting the company to determine whether to pay the benefits of the policy or an annuity contract. Clarifies the virtual representation doctrine under the present uniform trust code. Revises other provisions of present law regarding probate matters. |
| Amendment |
House amendment 1 (01426963) rewrites bill's provisions regarding disclosure of certain confidential health records to instead specify that in connection with a claim for death benefits payable under a life insurance policy or an annuity contract, the following persons may execute a medical records release authorization that may be required by the insurance company that issued the life insurance policy or annuity contract: (1) The personal representative of the decedent's estate, if any; (2) A beneficiary of the death benefits named in the policy or contract; or (3) A person who has filed a small estate affidavit in connection with the decedent's estate. Unless prohibited by federal law, a licensed health care provider must honor a medical records release authorization executed in accordance with this amendment. This amendment would not affect the ability of a health care provider to charge for copies of medical records in accordance with applicable present law. |
| Fiscal Note |
(Dated: February 13, 2012) Not significant.
|
| Senate Status |
04/18/2012 - Senate passed. |
| House Status |
03/19/2012 - House passed with amendment 1. |
| Executive Status |
04/27/2012 - Sent to governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 8; Title 29; Title 30; Title 32; Title 33; Title 35 and Title 56, relative to probate matters. |
| Category |
Judiciary |
| Sponsors |
Sen. Tim Barnes / Rep. John J. Deberry Jr. |
| Description |
Makes various changes to expunction of court files and records in juvenile court cases. Allows unruly juveniles to petition for expunction of court files and records. Extends expunction to other scientific methods of establishing identity, such as DNA testing or retinal scans. |
| Fiscal Note |
(Dated: February 13, 2012) Not significant.
|
| Senate Status |
04/11/2012 - Taken off notice in Senate Judiciary. |
| House Status |
04/11/2012 - House Judiciary recommended with amendment. Sent to House Calendar & Rules. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 37-1-155; Section 37-1-153 and Section 40-32-101, relative to juvenile court records. |
| Category |
Judiciary |
| Sponsors |
Sen. Tim Barnes / Rep. John J. Deberry Jr. |
| Description |
Requires petitions in juvenile court cases to list the legal parents and any persons alleged to be the biological father of the child. Requires a copy of the summons in such cases be sent to the legal parents and any persons alleged to be the biological father of the child. |
| Amendment |
SENATE AMENDMENT 1 (01606471) rewrites the bill. Requires petitions in juvenile court cases to list the legal parents and anyone alleged to be the biological father of the child, if known by the petitioner. Requires the issuance of a summons in such cases be directed to the legal parents and anyone alleged to be the biological father of the child. States that such biological father must not have had his parental rights terminated in order to receive such summons. |
| Fiscal Note |
(Dated: February 13, 2012) Not significant.
|
| Senate Status |
04/18/2012 - Senate passed with amendment 1. |
| House Status |
04/26/2012 - House passed. |
| Executive Status |
04/26/2012 - Sent to the speakers for signatures. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 37-1-121 and Section 37-1-120, relative to a petition and summons in juvenile court. |
| Category |
Judiciary |
| Sponsors |
Sen. Brian K. Kelsey / Rep. Vance Dennis |
| Description |
Prohibits law enforcement agencies from using unnamed aircraft unless they have a warrant, searching for a missing child, or authorized by federal law. Broadly captioned. |
| Fiscal Note |
(Dated: February 26, 2012) Not significant.
|
| Senate Status |
04/11/2012 - Taken off notice in Senate Judiciary. |
| House Status |
04/04/2012 - Taken off notice in House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 38; Title 39 and Title 40, relative to surveillance by unmanned mechanisms. |
| Category |
Judiciary |
| Sponsors |
Sen. Jim Tracy / Rep. Joe Carr |
| Description |
Prohibits a court clerk from accepting the filing of another claim by a litigant who owes fees, taxes, costs and other expenses unless the litigant seeks injunctive relief to prevent irreparable injury or serious physical harm to the litigant. |
| Fiscal Note |
(Dated: February 5, 2012) Not significant.
|
| Senate Status |
01/30/2012 - Referred to Senate Judiciary. |
| House Status |
03/14/2012 - Taken off notice in House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 16; Title 18; Title 20 and Title 28, relative to fees, taxes, costs and expenses owing to the courts. |
| Category |
Judiciary |
| Sponsors |
Sen. Randy McNally / Rep. John Ragan |
| Description |
Authorizes creation of specialized veterans' courts with the flexibility necessary to meet the specialized problems faced by veteran and servicemember defendants (11 pp.). |
| Amendment |
SENATE AMENDMENT 1 (01568866) deletes all language after the enacting clause. Directs the AOC to study the feasibility of establishing specialized veterans courts in Tennessee. Requires the AOC to consider ways and means for a veterans court to achieve certain enumerated goals and objectives and to consider certain substantive and procedural issues related to the creation and implementation of a veterans court. Requires the Department of Veterans Affairs and all other appropriate state agencies to assist the AOC, upon request. Requests assistance from all interested federal, local, and volunteer organizations when called upon by the AOC. Directs the AOC to submit an interim report no later than September 1, 2012, and to submit its final report, including findings and recommendations, to the Judiciary Committees of the Senate and House of Representatives no later than December 1, 2012. |
| Fiscal Note |
(Dated: March 6, 2012) Increase state revenue - not significant/FY12-13. $498,800/FY13-14 and subsequent years/Veteran Court Fund. Increase state expenditures - $2,325,000/FY12-13. Net $1,826,300 /FY13-14 and subsequent years. Increase local revenue - not significant/FY12-13. $501,300/FY13-14 and subsequent years/Veterans Court Fund. Increase local expenditures - $2,325,000/FY12-13/permissive. Net $1,823,800 /FY13-14 and subsequent years.
|
| Senate Status |
04/12/2012 - Senate passed with amendment 1. |
| House Status |
04/18/2012 - House passed. |
| Executive Status |
04/30/2012 - Signed by governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 16, relative to the Veterans Court Treatment Act. |
| Category |
Judiciary |
| Sponsors |
Sen. Brian K. Kelsey / Rep. Vance Dennis |
| Description |
Deletes requirements that clerk certify certain documents filed for the purpose of administering a small estate. |
| Senate Status |
04/23/2012 - Re-referred to Senate Calendar Committee. |
| House Status |
04/23/2012 - Held on House clerk's desk. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 30, Chapter 4, relative to small estates. |
| Category |
Judiciary |
| Sponsors |
Sen. Lowe Finney / Rep. Mike Stewart |
| Description |
Requires the court to instruct the jury that it may consider the defendant's personal income and ability to pay when determining the amount of a fine to impose. Broadly captioned. |
| Amendment |
House Judiciary amendment 1 (01601166) deletes Section 1 of the original bill in its entirety. Authorizes a law enforcement officer, where a court order based on probable cause is required, to seek a surveillance warrant to obtain precision location information of an electronic device from an electronic communications service. Such surveillance warrant authorizes a law enforcement officer to place a mobile tracking device and receive location information of a vehicle, vessel, or item, or direct an electronic communications service to deliver information to the law enforcement officer of the global positional system location of an electronic device. Requires a surveillance warrant to be supported by a written application made under oath by a law enforcement officer and to set forth facts tending to establish probable cause of the grounds for the warrant. Prohibits the contents of information obtained from a surveillance warrant, or any evidence derived there from, from being received in evidence or otherwise disclosed in any court proceeding unless each party has been furnished a copy of the surveillance warrant and accompanying application or affidavit. |
| Fiscal Note |
(Dated: March 11, 2012) Increase state expenditures - exceeds $47,500.
|
| Senate Status |
04/11/2012 - Taken off notice in Senate Judiciary. |
| House Status |
04/17/2012 - Taken off notice in House General Subcommittee of Finance. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 8; Title 38; Title 39; Title 40 and Title 53, relative to criminal law. |
| Category |
Judiciary |
| Sponsors |
Sen. Mae Beavers / Rep. Jim Coley |
| Description |
Authorizes a party to an action to file a motion for the recusal of a judge or chancellor if one or more specified reason why the judge or chancellor is incompetent is applicable. Requires the judge or chancellor to grant the motion or deny and state competence in writing within ten days; in the case of denial, the party has 24 hours to accept or reject the response. Requires judge to be automatically recused in case of party's rejection, and if accepted, the party is deemed to have consented. Prohibits a party from exercising the right of recusal more than one time per case. |
| Fiscal Note |
(Dated: March 11, 2012) Increase state expenditures - $2,871,200. Increase local expenditures - exceeds $100,000.
|
| Senate Status |
02/01/2012 - Referred to Senate Judiciary. |
| House Status |
02/02/2012 - Referred to House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 16 and Title 17, relative to judges and chancellors. |
| Position |
Oppose |
| Category |
Judiciary |
| Sponsors |
Sen. Mike Faulk / Rep. Vance Dennis |
| Description |
Provides that anyone who acts as disciplinary counsel or other position for the court of the judiciary is a state employee for purposes of being defended by attorney general against a civil suit for acts or omissions in the course of duties. |
| Fiscal Note |
(Dated: February 26, 2012) Not significant.
|
| Senate Status |
04/09/2012 - Senate passed. |
| House Status |
04/23/2012 - House passed. |
| Executive Status |
04/30/2012 - Sent to governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 8-42-103, relative to the defense of state employees. |
| Category |
Judiciary |
| Sponsors |
Sen. Mike Bell / Rep. Vance Dennis |
| Description |
Requires the speakers of the house and senate appoint the nine members of the judicial evaluation commission since the judicial council no longer exists. |
| Senate Status |
04/09/2012 - Senate passed. |
| House Status |
04/24/2012 - House passed. |
| Executive Status |
04/30/2012 - Sent to governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 17, Chapter 4, Part 2, relative to the judicial performance evaluation commission. |
| Category |
Judiciary |
| Sponsors |
Sen. Brian K. Kelsey / Rep. Debra Young Maggart |
| Description |
Allows members of judicial nominating commission to serve successive terms. Allows solicitor general and employees of attorney general's office to serve on the commission. Requires courts to grant continuance if court action conflicts with commission meeting. |
| Fiscal Note |
(Dated: February 28, 2012) Not significant.
|
| Senate Status |
04/16/2012 - Senate passed. |
| House Status |
04/12/2012 - House passed. |
| Executive Status |
04/27/2012 - Signed by governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 17, Chapter 4, Part 1, relative to the judicial nominating commission. |
| Category |
Judiciary |
| Sponsors |
Sen. James F. Kyle Jr. / Rep. Eddie Bass |
| Description |
Requires any attorney who has admitted, claimed by affidavit, or has been found by a court to have rendered ineffective assistance of counsel in a criminal case to repay the state any funds received from the state as compensation relating to that case. |
| Fiscal Note |
(Dated: March 4, 2012) Not significant.
|
| Senate Status |
02/01/2012 - Referred to Senate Judiciary. |
| House Status |
03/28/2012 - Taken off notice in House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 8; Title 16 and Title 40, relative to ineffective assistance of counsel. |
| Position |
Oppose |
| Category |
Judiciary |
| Sponsors |
Sen. Randy McNally / Rep. Rick Womick |
| Description |
Requires any attorney, other than a public defender or post conviction defender, or any expert, consultant, or advisor serving indigent defendants to file a disclosure of financial interests with the ethics commission if the attorney is paid more than $500 in fees, commission, or other forms of compensation for services prior to trial, at trial, and during any appeal. Broadly captioned. |
| Fiscal Note |
(Dated: February 27, 2012) Increase state revenue - exceeds $200,000. Increase state expenditures - not significant.
|
| Senate Status |
02/01/2012 - Referred to Senate Judiciary. |
| House Status |
03/07/2012 - Taken off notice in House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 2; Title 39 and Title 40, relative to counsel for indigent defendants. |
| Category |
Judiciary |
| Sponsors |
Sen. Ophelia Ford / Rep. Barbara W. Cooper |
| Description |
Requires supreme court justices to be directly elected by voters. Creates five districts, with each justice elected in a different district. Requires intermediate appellate judges to be elected based on six districts. |
| Fiscal Note |
(Dated: February 21, 2012) Decrease state expenditures - $32,800/Judicial Performance Evaluation Commission/FY12-13 and subsequent years. $35,800/Judicial Nominating Commission/FY12-13 and subsequent years.
|
| Senate Status |
02/01/2012 - Referred to Senate State & Local Government. |
| House Status |
02/29/2012 - Taken off notice in House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 17, relative to judges and chancellors. |
| Category |
Judiciary |
| Sponsors |
Sen. Ophelia Ford / Rep. Barbara W. Cooper |
| Description |
Establishes that the judge of any court appointed, elected, or retained on or after September 1, 2012 is not required to be licensed to practice law. |
| Fiscal Note |
(Dated: March 9, 2012) Other Fiscal Impact - The direct costs associated with a non-lawyer presiding over complex legal cases are unknown. There is a substantial likelihood of a significant backlog in the court system resulting from a large number of civil and criminal cases, including capital cases, being reversed and remanded due to reversible error committed by non-lawyer judges. The specific costs associated with such a backlog cannot reasonably be quantified.
|
| Senate Status |
02/01/2012 - Referred to Senate Judiciary. |
| House Status |
03/21/2012 - Taken off notice in House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 6, Chapter 33; Title 16 and Title 17, relative to the qualifications to be a judge. |
| Category |
Judiciary |
| Sponsors |
Sen. Randy McNally / Rep. Mike Stewart |
| Description |
Authorizes counties to levy a $1.00 litigation tax on each petition, warrant and citation to fund victim-offender mediation centers and initiatives. Requires a two-thirds majority vote of the counties' legislative body. |
| Amendment |
SENATE AMENDMENT 1 (01505371) rewrites the bill. Ensures that all counties of the state have the option to raise the litigation tax. SENATE AMENDMENT 2 (01530477) authorizes the legislative body of a municipality or county meeting certain specifications to levy an additional $1.00 litigation tax per case. Directs that the tax is to be denominated as a part of the court costs for each petition, warrant, and citation in matters before the general sessions and juvenile courts. Requires any such revenue to be used by the county for the purpose of supporting a local victim-offender mediation center or centers. Requires the funds to be distributed on a monthly basis. Exempts state entities from the fee increase. |
| Fiscal Note |
(Dated: February 24, 2012) Increase state expenditures - $3,200. Increase federal expenditures - $6,200. Increase local revenue - $31,300.
|
| Senate Status |
04/26/2012 - Senate passed with amendments 1 and 2. AMENDMENT 1 (01505371) rewrites the bill. Ensures that all counties of the state have the option to raise the litigation tax. AMENDMENT 2 (01530477) authorizes the legislative body of a municipality or county meeting certain specifications to levy an additional $1.00 litigation tax per case. Directs that the tax is to be denominated as a part of the court costs for each petition, warrant, and citation in matters before the general sessions and juvenile courts. Requires any such revenue to be used by the county for the purpose of supporting a local victim-offender mediation center or centers. Requires the funds to be distributed on a monthly basis. Exempts state entities from the fee increase. |
| House Status |
04/27/2012 - House passed. |
| Executive Status |
04/27/2012 - Sent to the speakers for signatures. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 16, Chapter 20, Part 1, relative to litigation taxes. |
| Category |
Judiciary |
| Sponsors |
Sen. Brian K. Kelsey |
| Description |
Proposes a constitutional amendment to rewrite Article 5 Section 3 of the Tennessee Constitution to require that each Justice of the Supreme Court be appointed by the Governor and confirmed by a majority of the Senate instead of elected by the qualified voters of the state. Provides that each Judge of the Court of Appeals and Criminal Court of Appeals also be appointed by the governor and confirmed by the Senate. Sets a 60 day deadline for Senate confirmation of any Governor appointment, and requires each Judge to be licensed to practice law in the state. Sets a deadline for Senate confirmation of judicial appointments, limits appointments to fill vacancies to the current unexpired term, and provides a scheme for appointment of Supreme Court Justices to begin September 1, 2016 for staggered terms. Corrects language in Article 6 and 7 to reflect the above changes. |
| Amendment |
Senate Judiciary amendment 1 (01582266) specifies that judges of the state supreme court and those of intermediate appellate level courts will be appointed by the governor and confirmed by both chambers of the general assembly. Specifies that the legislature is expressly prohibited from appointing a commission of non-legislators to assist in the appointment and confirmation process. |
| Fiscal Note |
(Dated: January 4, 2012) Increase state expenditures - $18,000/one-time.
|
| Senate Status |
03/27/2012 - Senate Judiciary recommended with amendment. |
| House Status |
None |
| Caption |
A RESOLUTION to propose an amendment to Sections 3 and 7 of Article VI and Section 5 of Article VII of the Constitution of Tennessee, to provide for appointment and confirmation of certain judges. |
| Category |
Judiciary |
| Sponsors |
Sen. Ophelia Ford |
| Description |
Amends Article VI, Section 3 of the constitution to provide for the election of justices of the supreme court and judges of the court of appeals and court of criminal appeals from districts to be established by the general assembly. |
| Fiscal Note |
(Dated: March 2, 2012) Increase state expenditures - $18,000/one-time.
|
| Senate Status |
04/23/2012 - Failed in Senate Finance, Ways & Means. |
| House Status |
None |
| Caption |
A RESOLUTION to propose an amendment to Sections 3 and 7 of Article VI and Section 5 of Article VII of the Constitution of Tennessee, to provide for the election of certain judges. |
| Category |
Judiciary |
| Sponsors |
Sen. Mae Beavers |
| Description |
Proposes an amendment to Article VI, Section 5 to provide for selection of the state attorney general by means of gubernatorial appointment with legislative confirmation. Provides for a four-year term of office. |
| Amendment |
Senate amendment 1 (01647377) changes term from four years to six years. |
| Fiscal Note |
(Dated: March 16, 2012) Increase state expenditures - $18,000/one-time.
|
| Senate Status |
04/23/2012 - Failed in Senate for lack of majority. |
| House Status |
None |
| Caption |
A RESOLUTION to propose an amendment to Article VI, Section 5 of the Constitution of Tennessee, relative to the Attorney General and Reporter for the State. |
| Category |
Judiciary |
| Sponsors |
Sen. Brian K. Kelsey |
| Description |
Proposes an amendment to Article VI, Section 3 in order to constitutionally enshrine a system for selection of each appellate court judge by means of merit-based gubernatorial appointment with legislative confirmation and, thereafter, contingent upon a satisfactory job performance evaluation, retention election by the voters of the state. |
| Amendment |
SENATE AMENDMENT 2 (01641502) rewrites the first resolving clause of the resolution to state: Be it resolved by the Senate of the 107th General Assembly of the State of Tennessee, the House of Representatives concurring, that a majority of all the members of each house concurring, as shown by the yeas and nays entered on their journals, that it is proposed: That Article VI, Section 3, of the Constitution of Tennessee be amended by deleting the first and second sentences and by substituting instead the following: Judges of the Supreme Court or any intermediate appellate court shall be appointed for a full term or to fill a vacancy by and at the sole discretion of the governor based on merit; shall be confirmed by the Legislature; and thereafter, shall be elected in a retention election by the qualified voters of the state. Confirmation by default occurs if the Legislature fails to reject an appointee within sixty calendar days of either the date of appointment, if made during the annual legislative session, or the convening date of the next annual legislative session, if made out of session. The Legislature is authorized to prescribe such provisions as may be necessary to carry out sections two and three of this article. SENATE AMENDMENT 4 (01668802) rewrites the first two sentences of Article VI, Section 3 to state: Judges of the Supreme Court or any intermediate appellate court shall be appointed for a full term or to fill a vacancy by and at the discretion of the governor; shall be confirmed by the Legislature; and thereafter, shall be elected in a retention election by the qualified voters of the state. Confirmation by default occurs if the Legislature fails to reject an appointee within sixty calendar days of either the date of appointment, if made during the annual legislative session, or the convening date of the next annual legislative session, if made out of session. The Legislature is authorized to prescribe such provisions as may be necessary to carry out sections two and three of this article. |
| Fiscal Note |
(Dated: March 30, 2012) Increase state expenditures - $18,000/one-time.
|
| Senate Status |
04/23/2012 - Senate heard on Third and Final Reading, as amended. Senate adopted. |
| House Status |
04/26/2012 - House concurred. |
| Executive Status |
04/26/2012 - Sent to the speakers for signatures. |
| Caption |
A RESOLUTION proposing amendment of Article VI, Section 3 of the Constitution of Tennessee, relative to judges of the appellate courts. |
| Category |
Judiciary |
| Sponsors |
Sen. Mae Beavers |
| Description |
Approves amendments and revisions to Tennessee rules of civil procedure. |
| Senate Status |
04/02/2012 - Sent to Senate speaker for signature. |
| House Status |
None |
| Caption |
A RESOLUTION approving the amendments and revisions to the Tennessee Rules of Civil Procedure, promulgated by the Supreme Court of Tennessee pursuant to the provisions of Tennessee Code Annotated, Section 16402, et seq. |
| Category |
Judiciary |
| Sponsors |
Sen. Mae Beavers |
| Description |
Approves amendments and revisions to Tennessee rules of criminal procedure. |
| Senate Status |
03/19/2012 - Senate adopted. |
| House Status |
None |
| Caption |
A RESOLUTION approving the amendments and revisions to the Tennessee Rules of Criminal Procedure, promulgated by the Supreme Court of Tennessee pursuant to the provisions of Tennessee Code Annotated, Section 16402, et seq. |
| Category |
Judiciary |
| Sponsors |
Sen. Mae Beavers |
| Description |
Approves amendments and revisions to Tennessee rules of appellate procedure. |
| Senate Status |
03/19/2012 - Senate adopted. |
| House Status |
None |
| Caption |
A RESOLUTION approving the amendments and revisions to the Tennessee Rules of Appellate Procedure, promulgated by the Supreme Court of Tennessee pursuant to the provisions of Tennessee Code Annotated, Section 16402, et. seq. |
| Category |
Judiciary |
| Sponsors |
Sen. Mae Beavers |
| Description |
Approves amendments and revisions to Tennessee rules of evidence. |
| Senate Status |
03/19/2012 - Senate adopted. |
| House Status |
None |
| Caption |
A RESOLUTION approving the amendments and revisions to the Tennessee Rules of Evidence, promulgated by the Supreme Court of Tennessee pursuant to the provisions of Tennessee Code Annotated, Section 16402, et seq. |
| Category |
Judiciary |
| Sponsors |
Sen. Mae Beavers |
| Description |
Approves amendments and revisions to Tennessee rules of juvenile procedure. |
| Senate Status |
03/19/2012 - Senate adopted. |
| House Status |
None |
| Caption |
A RESOLUTION approving the amendments and revisions to the Tennessee Rules of Juvenile Procedure, promulgated by the Supreme Court of Tennessee pursuant to the provisions of Tennessee Code Annotated, Section 16402, et seq. |
| Category |
Judiciary |
| Sponsors |
Rep. Mike Turner |
| Description |
Abolishes the court of judiciary on October 1, 2012. Creates court of judicial conduct consisting of 16 members with appointments to be made by supreme court, governor, bar association and each caucus of general assembly. |
| Senate Status |
None |
| House Status |
02/09/2012 - Withdrawn in House. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 17, Chapter 5, Part 2, relative to the composition of the court of the judiciary. |
| Category |
Judiciary |
| Sponsors |
Rep. Vance Dennis |
| Description |
Adds a new section to specify circumstances under which a pre-trial settlement offer may be made in a civil action. Allows, at any time more than 10 days before the trial begins, a party to offer such settlement. Specifies the manner and circumstances under which costs or the monetary value of disputed property may be determined by a court in the event a settlement offer is made and rejected. Makes applicable to any chancery, circuit or appellate court in this state, and clarifies that this section shall not apply to class action suits, shareholder's derivative actions, domestic relations matters, and workers' compensation cases. Broadly captioned. |
| Fiscal Note |
(Dated: February 26, 2012) Not significant.
|
| Senate Status |
None |
| House Status |
02/01/2012 - Referred to House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 20, relative to settlement offers. |
| Category |
Judiciary |
| Sponsors |
Rep. Vance Dennis |
| Description |
Proposes an amendment to Article XI, of the Constitution of Tennessee, to permit the general assembly by statute to establish limitations on damages in civil liability actions and other causes of action. |
| Fiscal Note |
(Dated: February 25, 2012) Increase state expenditures - $18,000/one-time.
|
| Senate Status |
None |
| House Status |
04/30/2012 - Taken off notice in House General Subcommittee of Finance. |
| Caption |
A RESOLUTION to propose an amendment to Article XI, of the Constitution of Tennessee, relative to limitations on damages in civil liability actions and other causes of action. |
| Category |
Judiciary |
| Sponsors |
Rep. Jon Lundberg |
| Description |
Proposes an amendment to Article VI, Section 3 of the state constitution in order to constitutionally enshrine a system for selection of each appellate court judge by means of merit-based gubernatorial appointment with legislative confirmation and, thereafter, contingent upon a satisfactory job performance evaluation, retention election by the voters of the state. |
| Amendment |
House Finance amendment 1 (01669902 ) deletes the first resolving clause of the resolution. Proposes amending Article VI, Section 3, of the Tennessee Constitution to require judges of the Supreme Court or any intermediate appellate court be appointed for a full term or to fill a vacancy by and at the discretion of the Governor; be confirmed by the Legislature; and thereafter, be elected in a retention election by the qualified voters of the state. Confirmation by default occurs if the Legislature fails to reject an appointee within 60 calendar days of either the date of appointment, if made during the annual legislative session, or the convening date of the next annual legislative session, if made out of session. Authorizes the Legislature to prescribe such provisions as may be necessary to carry out sections two and three of this article. Resolves that this amendment be referred to the 108 th General Assembly and that this resolution be published in accordance with Article XI, Section 3, of the Tennessee Constitution. |
| Fiscal Note |
(Dated: March 9, 2012) Increase state expenditures - $18,000/one-time.
|
| Senate Status |
None |
| House Status |
04/23/2012 - The House substituted and conformed to SJR 710. |
| Caption |
A RESOLUTION proposing amendment of Article VI, Section 3 of the Constitution of Tennessee, relative to judges of the appellate courts. |
| Category |
Judiciary |
| Sponsors |
Rep. Jon Lundberg |
| Description |
Proposes an amendment to Section 3 of Article VI of the Tennessee Constitution to unequivocally authorize the general assembly, by statute, to establish a system of merit-based appointments with retention elections for appellate court judges. |
| Fiscal Note |
(Dated: March 28, 2012) Increase state expenditures - $18,000/one-time.
|
| Senate Status |
None |
| House Status |
04/30/2012 - Taken off notice in House Finance, Ways & Means. |
| Caption |
A RESOLUTION proposing amendment of Article VI, Section 3 of the Constitution of Tennessee, to authorize a system of merit-based appointments with retention elections for judges of the appellate courts. |
| Category |
Judiciary |
| Sponsors |
Rep. Eric Watson |
| Description |
Approves amendments and revisions to Tennessee rules of evidence. |
| Senate Status |
None |
| House Status |
04/16/2012 - Sent to House speaker for signature. |
| Caption |
A RESOLUTION approving the amendments and revisions to the Tennessee Rules of Evidence, promulgated by the Supreme Court of Tennessee pursuant to the provisions of Tennessee Code Annotated, Section 16402, et seq. |
| Category |
Judiciary |
| Sponsors |
Rep. Eric Watson |
| Description |
Approves amendments and revisions to Tennessee rules of juvenile procedure. |
| Senate Status |
None |
| House Status |
04/16/2012 - Sent to House speaker for signature. |
| Caption |
A RESOLUTION approving the amendments and revisions to the Tennessee Rules of Juvenile Procedure, promulgated by the Supreme Court of Tennessee pursuant to the provisions of Tennessee Code Annotated, Section 16402, et seq. |
| Category |
Judiciary |
| Sponsors |
Rep. Eric Watson |
| Description |
Approves amendments and revisions to Tennessee rules of criminal procedure. |
| Senate Status |
None |
| House Status |
04/16/2012 - Sent to House speaker for signature. |
| Caption |
A RESOLUTION approving the amendments and revisions to the Tennessee Rules of Criminal Procedure, promulgated by the Supreme Court of Tennessee pursuant to the provisions of Tennessee Code Annotated, Section 16402, et seq. |
| Category |
Judiciary |
| Sponsors |
Rep. Eric Watson |
| Description |
Approves amendments and revisions to Tennessee rules of civil procedure. |
| Senate Status |
None |
| House Status |
04/16/2012 - Sent to House speaker for signature. |
| Caption |
A RESOLUTION approving the amendments and revisions to the Tennessee Rules of Civil Procedure, promulgated by the Supreme Court of Tennessee pursuant to the provisions of Tennessee Code Annotated, Section 16402, et seq. |
| Category |
Judiciary |
| Sponsors |
Rep. Eric Watson |
| Description |
Approves amendments and revisions to Tennessee rules of appellate procedure. |
| Senate Status |
None |
| House Status |
04/16/2012 - Sent to House speaker for signature. |
| Caption |
A RESOLUTION approving the amendments and revisions to the Tennessee Rules of Appellate Procedure, promulgated by the Supreme Court of Tennessee pursuant to the provisions of Tennessee Code Annotated, Section 16402, et seq. |
Labor Law - 9
| Category |
Labor Law |
| Sponsors |
Sen. Mark S. Norris / Rep. Gerald McCormick |
| Description |
Gives the state three more years to collect unintentional overpayment of unemployment benefits. Allows state to set off unemployment compensation debt against federal income tax refund. Imposes monetary penalties for overpaid benefits. (Part of Administration Package 2012) |
| Fiscal Note |
(Dated: February 3, 2012) Increase state revenue - $12,286,800/Unemployment Insurance Trust Fund. $3,524,200/General Fund. Increase state expenditures - $3,524,200/General Fund. Increase federal expenditures - $104,300/one-time.
|
| Senate Status |
02/14/2012 - Taken off notice in Senate Commerce, Labor & Agriculture. |
| House Status |
02/22/2012 - Taken off notice in House General Subcommittee of Consumer & Employee Affairs. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 50-7-303(d)(3)(B); Section 50-7-304(b)(2); Section 50-7-501 and Section 50-7-715, relative to recovering benefit overpayments through the Internal Revenue Service's Treasury Offset Program. |
| Category |
Labor Law |
| Sponsors |
Sen. Beverly Marrero / Rep. Sherry Jones |
| Description |
Prohibits entities from discriminating on the basis of sexual orientation in practices and contracts. |
| Fiscal Note |
(Dated: March 16, 2012) Increase state expenditures - $35,000.
|
| Senate Status |
01/18/2012 - Referred to Senate State & Local Government. |
| House Status |
01/31/2012 - Referred to House General Subcommittee of State & Local Government. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 4; Title 8; Title 11; Title 12; Title 37; Title 39; Title 40; Title 49; Title 56; Title 57; Title 62; Title 65; Title 68 and Title 71, relative to discriminatory practices. |
| Category |
Labor Law |
| Sponsors |
Sen. Andy Berke / Rep. Craig Fitzhugh |
| Description |
Enacts the "Lifelong Learning Accounts Act of 2012." Creates an incentive for eligible individuals and their employers to voluntarily participate in a program to establish a savings account to pay for qualified education expenses and skill training. Intended to increase the eligible individual's earning potential over their lifetime. |
| Fiscal Note |
(Dated: March 10, 2012) Other Fiscal Impact - The fiscal impact of the pilot program will depend on the framework of the program developed which will include determination of the following: the number of participants involved; the expenses considered qualified education expenses; the type and number of incentives created for eligible individuals who participate in the program; the number and amount of discounts offered by the Tennessee Board of Regents and the University of Tennessee systems; the amount of funds and matching grants from existing state or federal funds or programs earmarked for training or retraining workers; the feasibility to create a program that would provide financial assistance from the Tennessee Lottery for Education Account and Tennessee net lottery proceeds to allow individuals to receive grants for approved courses; the type of accounts that will qualify as lifelong learning accounts established within the Treasurer's office; the creation and specifics of employer incentives to match individual employee contributions; the development of procedures for withdrawals from the account, cancellation of participation, and penalties imposed for improper utilization of the fund. Until the framework of the program is established and the cost of the various components of the program is determined, the fiscal impact to the state cannot be quantified.
|
| Senate Status |
03/28/2012 - Taken off notice in Senate Commerce, Labor & Agriculture. |
| House Status |
04/04/2012 - Taken off notice in House General Subcommittee of Consumer & Employee Affairs. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 4, to enact the "Lifelong Learning Accounts Act of 2012". |
| Category |
Labor Law |
| Sponsors |
Sen. Bill Ketron / Rep. Jeremy Faison |
| Description |
Specifies that no public funds of this state or any political subdivision thereof shall be allocated to the regulation or enforcement of any change to the U.S department of labor's Hazardous Occupations Orders for Agricultural Employment relating to children. |
| Amendment |
House amendment 1 (01441976) corrects the spelling of "public". |
| Fiscal Note |
(Dated: January 27, 2012) Not significant.
|
| Senate Status |
03/29/2012 - Senate passed. |
| House Status |
03/26/2012 - House passed with amendment 1. House amendment 1 (01441976) corrects the spelling of "public". |
| Executive Status |
04/18/2012 - Enacted as Public Chapter 0757 effective April 16, 2012. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 43; Title 50, Chapter 3 and Title 50, Chapter 5, relative to child labor performed in agricultural settings. |
| Category |
Labor Law |
| Sponsors |
Sen. Brian K. Kelsey / Rep. Vance Dennis |
| Description |
Restricts punitive damages for vicarious liability of an employer for an employee or agent. Allows punitive damages only when the act or omission was committed by a manager; when the employer was reckless in hiring or retaining an employee; or when the employer approved the act or omission. |
| Fiscal Note |
(Dated: February 12, 2012) Not significant.
|
| Senate Status |
01/26/2012 - Referred to Senate Judiciary. |
| House Status |
01/31/2012 - Referred to House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 29-39-104, relative to punitive damages awards based on vicarious liability. |
| Position |
Oppose |
| Category |
Labor Law |
| Sponsors |
Sen. Jack Johnson / Rep. Gerald McCormick |
| Description |
Specifies that any evidence or information obtained as a result of an administrative inspection by the Department of Labor and Workforce Development shall remain confidential and that only authorized persons shall have access to such evidence or information. |
| Amendment |
SENATE AMENDMENT 1 (01299363) rewrites the bill. Authorizes the Department of Labor and Workforce Development to intercept federal income tax refunds of claimants who have been overpaid unemployment benefits; to intercept federal tax refunds of employers who owe past due employer contributions to the Unemployment Insurance Trust Fund; and to charge penalties in accordance with the Treasury Offset Program of the United States. Authorizes the Department to collect fees for third party collection expenses. Increases, from three to six years, the amount of time following a determination of overpayment that the administrator may waive the collection of a non-fraudulent overpayment. Requires the Commissioner of DLWD to assess a 15 percent penalty on overpaid benefits and an additional 7.5 percent penalty. Requires the Commissioner to assess interest at a rate of 1.5 percent per month on the total amount that remains unpaid for a period of 30 days or more. Requires all interest, fines, and penalties to be allocated to the Unemployment Compensation Special Administrative Fund to defray the cost of deterring, detecting, and collecting overpayments. SENATE AMENDMENT 2 (01328663) makes technical corrections. Clarifies that the penalty of 15 percent of overpaid benefits shall be deposited into the unemployment compensation fund as required. |
| Fiscal Note |
(Dated: January 25, 2012) Not significant.
|
| Senate Status |
03/08/2012 - Senate passed with amendments 1 & 2. |
| House Status |
04/04/2012 - House passed. |
| Executive Status |
04/30/2012 - Enacted as Public Chapter 0824 effective July 1, 2012. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 50, relative to employers and employees. |
| Category |
Labor Law |
| Sponsors |
Sen. Brian K. Kelsey / Rep. Mike Sparks |
| Description |
Requires the commissioner of labor and workforce development to display a notice on their web site with employee's rights in a right to work state. Requires private employers to post adequate notice of employee's rights in a right to work state. Allows private employers to be exempted if the requirement causes a hardship. Requires the commissioner of labor and workforce development to enforce the policies. |
| Amendment |
Senate amendment 1 (01409976) makes the bill permissive. Requires the commissioner of the department of labor and workforce development to assist private employers in informing their employees of their rights by creating model notice language reiterating the public policies of this state, which may be used by private employers accordingly. |
| Fiscal Note |
(Dated: February 14, 2012) Not significant.
|
| Senate Status |
04/04/2012 - Senate passed with amendment 1. |
| House Status |
04/05/2012 - House passed. |
| Executive Status |
04/30/2012 - Enacted as Public Chapter 0826 effective April 25, 2012. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 50, Chapter 1, Part 2, relative to right to work. |
| Position |
Neutral |
| Category |
Labor Law |
| Sponsors |
Sen. Ken Yager / Rep. Dennis Powers |
| Description |
Requires the commissioner of the department of human services to conduct a summer study that will assess the feasibility of more work friendly assistance eligibility and benefits requirements in order to increase workforce participation. Requires the department to report the results of the study to the health committees of the house and senate. |
| Amendment |
House amendment 1 (01372376) names this act the "Welfare Roll to Payroll Act." House amendment 2 (01468768) directs the Commissioner of the Department of Human Services (DHS) to conduct a study that will assess the feasibility of more work-friendly assistance eligibility benefits requirements in order to increase workforce participation. Requires DHS to report the results of the study, which is currently being conducted, to the Senate Health and Welfare Committee and the House Health and Human Resources Committee, on or before July 1, 2013. |
| Fiscal Note |
(Dated: February 14, 2012) Not significant.
|
| Senate Status |
04/09/2012 - Senate passed. |
| House Status |
04/04/2012 - House passed with amendments 1 and 2. |
| Executive Status |
04/26/2012 - Enacted as Public Chapter 0786 effective April 23, 2012. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 71, relative to the reform of various public assistance programs . |
| Category |
Labor Law |
| Sponsors |
Sen. Mike Faulk / Rep. Eddie Bass |
| Description |
Prohibits public and private employers from requiring an employee or applicant for employment to disclose information about owning, possessing, using, or transporting a firearm, unless it is used in fulfilling the duties of employment. Prohibits employers from conditioning employment, rights, benefits, privileges, or opportunities on such information. Allows victims of such discrimination to bring civil action against employers in violation. Broadly captioned. |
| Amendment |
SENATE COMMERCE AMENDMENT 1 (01588263) rewrites the bill. Prohibits public and private employers from requiring an employee or applicant for employment to disclose information about owning, possessing, using, or transporting a firearm, unless it is used in fulfilling the duties of employment. Prohibits employers from conditioning employment, rights, benefits, privileges, or opportunities on such information. Allows victims of such discrimination to bring civil action against employers in violation. Specifies that such employees with a valid handgun permit or a Tennessee hunting license and who is at least 21 years of age may store firearms in their vehicles. Specifies that such employers shall not be held liable in any civil action damages, injuries, or death resulting from another person's actions involving a firearm or ammunition including but not limited to the theft of a firearm or ammunition from an applicant's or employee's motor vehicle on the property of the employer or the failure to require disclosure from an applicant or employee concerning a firearm or ammunition if the employer's or official's action or failure to act was due to the employer's compliance with the provisions of the bill. HOUSE CONSUMER & EMPLOYEE AFFAIRS AMENDMENT 1 (01618472) rewrites the bill. Prohibits discrimination based on an applicant's or employee's ownership, storage, transportation, or possession of a firearm that is otherwise in compliance with state and federal law. Stipulates legal remedy for a violation. |
| Fiscal Note |
(Dated: February 7, 2012) Not significant.
|
| Senate Status |
03/27/2012 - Senate Commerce, Labor & Agriculture recommended with amendment 1, as amended. |
| House Status |
04/24/2012 - House Calendar & Rules referred to summer study committee. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 39; Title 40 and Title 50, relative to employment practices. |
Local Government - 9
| Category |
Local Government |
| Sponsors |
Sen. James F. Kyle Jr. / Rep. Brenda Gilmore |
| Description |
Repeals Chapter 278 of the Public Acts of 2011 (Senate Bill 632 / House Bill 600). Senate Bill 632 / House Bill 600 prohibits any local government from imposing on any person an anti-discrimination practice, standard, definition or provision that varies in any manner from the definition of "discriminatory practices" under present law or other types of discrimination recognized by state law but only to the extent recognized by the state. |
| Fiscal Note |
(Dated: August 16, 2011) Not significant.
|
| Senate Status |
01/24/2012 - Taken off notice in Senate State & Local Government. |
| House Status |
01/24/2012 - Referred to House General Subcommittee of State & Local Government. |
| Caption |
AN ACT to repeal Chapter __ of the Public Acts of 2011 (Senate Bill 632 / House Bill 600), relative to local government authority in the area of civil rights. |
| Category |
Local Government |
| Sponsors |
Sen. Brian K. Kelsey / Rep. Glen Casada |
| Description |
Prohibits local government from imposing or mandating, through any form of regulation, the provision of health insurance benefits, minimum wage, or family leave requirements that vary from state imposed requirements. Exempts employees of local governments from this provision. Renders null and void any current regulation in violation of this provision, but preserves any violating contracts entered into prior to the effective date of this act. |
| Fiscal Note |
(Dated: January 10, 2012) Not significant.
|
| Senate Status |
01/12/2012 - Referred to Senate State & Local Government. |
| House Status |
01/12/2012 - Referred to House General Subcommittee of State & Local Government. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 7-51-1802, relative to limitations on actions of local governments related to certain business practices. |
| Category |
Local Government |
| Sponsors |
Sen. Mike Faulk / Rep. Dennis Powers |
| Description |
Prohibits conflicts of interest in contractual services in regard to county officers in same manner as conflicts of interests in material or equipment are prohibited. |
| Fiscal Note |
(Dated: January 30, 2012) Not significant.
|
| Senate Status |
02/06/2012 - Senate passed. |
| House Status |
03/12/2012 - House passed. |
| Executive Status |
04/03/2012 - Enacted as Public Chapter 0640 effective March 30, 2012. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 5-21-121 and Section 54-7-203, relative to local government purchasing and conflicts of interest. |
| Category |
Local Government |
| Sponsors |
Sen. Becky Duncan Massey / Rep. Ryan A. Haynes |
| Description |
Authorizes the county legislative body of any county having a charter form of government to establish and set fees for court clerks in such manner and amounts as deemed appropriate by the county legislative body. |
| Amendment |
House amendment 1 (01256731) deletes all language after the enacting clause. Requires the fee schedule for court clerks set out in Tenn. Code Ann. 8-21-401 apply to criminal court, fourth circuit, and the general sessions court-criminal division in Knox County. |
| Fiscal Note |
(Dated: January 30, 2012) Other Fiscal Impact - Potential changes to local government revenue. The extent of any revenue changes is dependent upon unknown factors. As a result, the fiscal impact for this bill cannot be quantified with reasonable certainty.
|
| Senate Status |
03/08/2012 - Senate passed. |
| House Status |
02/27/2012 - House passed with amendment 1 (01256731). |
| Executive Status |
03/28/2012 - Enacted as Public Chapter 0623 effective July 1, 2012. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 8-21-401, relative to fees of court clerks in counties having a charter form of government. |
| Category |
Local Government |
| Sponsors |
Sen. Jack Johnson / Rep. Jim Gotto |
| Description |
Eliminates the power of eminent domain for housing authorities and permits governing bodies to institute eminent domain proceedings on behalf of housing authorities. |
| Fiscal Note |
(Dated: February 22, 2012) Increase local expenditures -exceeds $100,000.
Other Fiscal Impact - Potential decreases to state and local governmentrevenue if fewer eminent domain procurements occur as a result of the bill.Potential increases to state and local government revenue if propertiesprocured by eminent domain are subsequently redeveloped to an extent thatincremental economic activity occurs on the property. Any net impacts to stateand local government revenue cannot be reasonably quantified.
|
| Senate Status |
04/11/2012 - Taken off notice in Senate Judiciary. |
| House Status |
03/14/2012 - House General Subcommittee of State & Local Government referred to TACIR for study. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 12; Title 13 and Title 29, relative to relative to eminent domain. |
| Category |
Local Government |
| Sponsors |
Sen. Charlotte Burks / Rep. Kelly Keisling |
| Description |
Repeals provision allowing county clerks, court clerks, registers of deeds, and sheriffs to keep payments for special services. |
| Fiscal Note |
(Dated: March 30, 2012) Increase local revenue - $1,049,200/Permissive.
|
| Senate Status |
02/09/2012 - Withdrawn in Senate. |
| House Status |
02/01/2012 - Referred to House General Subcommittee of State & Local Government. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 8, Chapter 22, Part 1, relative to the compensation of certain local officials. |
| Category |
Local Government |
| Sponsors |
Sen. Mike Faulk / Rep. Jon Lundberg |
| Description |
Authorizes the legislative body of Sullivan County by two-thirds majority vote, to levy a privilege tax of $25.00 in all civil and criminal cases. Specifies that the revenue generated from the privilege tax is to be used exclusively to provide representation and support services for indigent criminal defendants. |
| Fiscal Note |
(Dated: March 11, 2012) Increase state expenditures - $35,700. Increase federal expenditures - $69,300. Increase local revenue - $152,000/permissive.
|
| Senate Status |
01/30/2012 - Referred to Senate Judiciary. |
| House Status |
03/14/2012 - Taken off notice in House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 67-4-601, relative to county litigation taxes. |
| Category |
Local Government |
| Sponsors |
Sen. Bill Ketron / Rep. Jon Lundberg |
| Description |
Authorizes counties to enforce violations of regulations and resolutions by civil warrant or citation in the same manner as metropolitan forms of government. |
| Fiscal Note |
(Dated: March 9, 2012) Increase local expenditures - exceeds $100,000/permissive.
|
| Senate Status |
02/01/2012 - Referred to Senate Judiciary. |
| House Status |
03/21/2012 - Taken off notice in House General Subcommittee of State & Local Government. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 5, Chapter 1, relative to proceedings in general sessions court. |
| Category |
Local Government |
| Sponsors |
Sen. Bo Watson / Rep. Richard Floyd |
| Description |
Enacts the "Chronic Nuisance Property Act." Requires the chief of police or building inspector to send a written warning to persons responsible for nuisance properties if said authorities receive documentation confirming the occurrence of three or more nuisance activities, as defined, within a 60 day period on any property. Persons responsible for such properties will be offered an opportunity to abate the nuisance activities; if such activities are not abated and legal action is sought, the property shall be secured and assessed up to a $50 per day fine. Further action shall be taken by the city attorney if necessary. |
| Fiscal Note |
(Dated: March 16, 2012) Not significant.
|
| Senate Status |
02/01/2012 - Referred to Senate Judiciary. |
| House Status |
03/14/2012 - Taken off notice in House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 7, Chapter 51, relative to nuisance activities. |
Media & Publishing - 5
| Category |
Media & Publishing |
| Sponsors |
Sen. Stacey Campfield / Rep. Jeremy Faison |
| Description |
Limits reproduction of handgun carry permit records to not more than 15 records or other such information copied or reproduced by one person in one day. |
| Fiscal Note |
(Dated: March 2, 2012) Increase state expenditures - $3,300/one-time.
|
| Senate Status |
01/23/2012 - Referred to Senate Judiciary. |
| House Status |
01/23/2012 - Withdrawn in House. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 10-7-504, relative to handgun carry permits. |
| Category |
Media & Publishing |
| Sponsors |
Sen. Mae Beavers / Rep. Eric Watson |
| Description |
Clarifies that written requests for copies of public records to record custodians may be sent electronically. |
| Fiscal Note |
(Dated: March 7, 2012) Not significant.
|
| Senate Status |
01/25/2012 - Referred to Senate State & Local Government. |
| House Status |
02/01/2012 - Referred to House General Subcommittee of State & Local Government. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 10, Chapter 7, relative to open records. |
| Category |
Media & Publishing |
| Sponsors |
Sen. Brian K. Kelsey / Rep. Mike Stewart |
| Description |
Enacts the "Uniform Electronic Legal Material Act." Permits an official publisher that publishes legal material in an electronic record and also publishes the material in a record other than an electronic record to designate the electronic record as official if the publisher complies with other sections of this law. To authenticate an electronic record, the publisher shall provide a method for a user to determine that the record received by the user from the publisher is unaltered from the official record published by the publisher. |
| Fiscal Note |
(Dated: March 8, 2012) Increase state expenditures - $187,100/one-time. $103,300/Recurring.
|
| Senate Status |
01/26/2012 - Referred to Senate Judiciary. |
| House Status |
03/21/2012 - Taken off notice in House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 1; Title 8 and Title 10, relative to the Uniform Electronic Legal Material Act. |
| Category |
Media & Publishing |
| Sponsors |
Sen. Mark S. Norris / Rep. Debra Young Maggart |
| Description |
Increases from 90 days to 100 days the notice period that clerks must provide to the state librarian and archivist before destroying books or records, in order that such documents may be examined for historical value. |
| Fiscal Note |
(Dated: January 14, 2012) Not significant.
|
| Senate Status |
01/30/2012 - Referred to Senate Judiciary. |
| House Status |
01/24/2012 - Referred to House General Subcommittee of State & Local Government. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 18. |
| Category |
Media & Publishing |
| Sponsors |
Sen. Bill Ketron / Rep. Rick Womick |
| Description |
Requires that notices for foreclosures, land sales, transactions involving real property or other legal notices to be published online and in a local newspaper. |
| Fiscal Note |
(Dated: February 29, 2012) Increase state expenditures - exceeds $100,000. Increase local expenditures -exceeds $300,000.
|
| Senate Status |
02/01/2012 - Referred to Senate State & Local Government. |
| House Status |
03/21/2012 - Taken off notice in House General Subcommittee of State & Local Government. |
| Caption |
AN ACT to amend Tennessee Code Annotated, relative to acceptable forms of public notice. |
Miscellaneous - 2
| Category |
Miscellaneous |
| Sponsors |
Sen. Kerry Roberts / Rep. Andy Holt |
| Description |
Enacts the "Religious Viewpoints Antidiscrimination Act." Requires LEAs to adopt a policy that includes the establishment of a limited public forum for student speakers at all school events at which a student is to publicly speak. Specifies that students are allowed to express their beliefs about religion in homework, artwork, and other written and oral assignments free from discrimination based on the religious content of their submissions. Specifies that students may organize prayer groups, religious clubs, or other religious gatherings before during and after school to the same extent that students are permitted to organize other noncurricular student activities and groups. |
| Amendment |
House Education amendment 1, Senate amendment 1 (01580105) adds a severability clause. House Education amendment 2, Senate amendment 2 (01583462) moves the start date to the 2013-2014 school year. |
| Fiscal Note |
(Dated: February 29, 2012) Increase local expenditures - not significant.
|
| Senate Status |
04/18/2012 - Senate passed with amendments 1 and 2. |
| House Status |
04/16/2012 - Held on House clerk's desk. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 49, Chapter 6, relative to voluntary student expression of religious viewpoints in public schools. |
| Category |
Miscellaneous |
| Sponsors |
Rep. Barbara W. Cooper |
| Description |
Expresses support for free legal representation for Tennessee citizens in matters regarding denial of unemployment compensation by the department of labor and workforce development. |
| Fiscal Note |
(Dated: January 26, 2012) Other Fiscal Impact - The fiscal impact of an expression of support will be not significant. Should the Department of Labor and Workforce Development provide legal representation for indigent claimants, there will be an increase in recurring state expenditures of $448,700 and an increase in federal expenditures from the Unemployment Insurance Trust Fund of $23,300.
|
| Senate Status |
None |
| House Status |
03/20/2012 - Taken off notice in House Consumer & Employee Affairs. |
| Caption |
A RESOLUTION to express support for free legal representation for Tennessee citizens in matters regarding denial of unemployment benefits. |
Professions & Licensure - 2
| Category |
Professions & Licensure |
| Sponsors |
Sen. Reginald Tate / Rep. G.A. Hardaway |
| Description |
Enacts the "Collateral Recovery Act," which implements a system for regulating repossession agencies and collateral recovery agents. Gives the authority for such regulation to the department of commerce and insurance. Specifies powers of department but clarifies that the department shall not set pricing fees for repossessions, personal property storage, skip tracing, or other related services provided by repossession agencies to their clients. (32 pp.) |
| Fiscal Note |
(Dated: March 2, 2012) Increase state revenue - $558,800/ FY12-13/Collateral Recovery Administrative (CRA) Fund. $206,700/ FY13-14/CRA Fund. $391,600/FY14-15 and biennially thereafter/CRA Fund. $129,700/FY15-16 and biennially thereafter/CRA Fund. Increase state expenditures - $289,400/FY12-13/CRA Fund. $242,800/FY13-14 and subsequent years/CRA Fund. $5,700/Incarceration. Increase local revenue - net impact - $11,400/FY12-13 and subsequent years. Increase local expenditures - not significant.
|
| Senate Status |
02/01/2012 - Referred to Senate Commerce, Labor & Agriculture. |
| House Status |
03/14/2012 - Taken off notice in House General Subcommittee of Commerce. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 26; Title 45; Title 47; Title 55; Title 56; Title 62, Chapter 11 and Title 66, relative to collateral recovery. |
| Category |
Professions & Licensure |
| Sponsors |
Sen. Mike Faulk / Rep. Ryan A. Haynes |
| Description |
Adds partnerships to list of entities that are barred from advertising a license to perform a service when a license is not required by law. |
| Fiscal Note |
(Dated: March 10, 2012) Not significant.
|
| Senate Status |
03/27/2012 - Taken off notice in Senate Commerce, Labor & Agriculture. |
| House Status |
03/28/2012 - Taken off notice in House General Subcommittee of Commerce. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 62, relative to fair trade practices in the entertainment industry. |
Property & Housing - 9
| Category |
Property & Housing |
| Sponsors |
Sen. Randy McNally / Rep. Julia Hurley |
| Description |
Mandates that all landlords must require a government ID from all new and renewing tenants, keep a copy of the ID on file, and provide a copy of the ID to local government entity that enforces building codes, or to the county trustee. Lists types of valid ID, including driver's license, passport, government-issued birth certificate, citizenship certificate, or immigration documentation. |
| Fiscal Note |
(Dated: March 16, 2012) Increase state revenue - $85,100/FY12-13. $170,300/FY13-14 and subsequent years. Increase state expenditures - exceeds $200,000/FY12-13 and subsequent years. Increase local revenue - $10,800/FY12-13. $21,500/FY13-14 and subsequent years. Increase local expenditures - exceeds $219,800/FY12-13 and subsequent years.
|
| Senate Status |
01/19/2012 - Referred to Senate Commerce, Labor & Agriculture. |
| House Status |
01/24/2012 - Referred to House General Subcommittee of Commerce. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 4; Title 5; Title 6; Title 7; Title 39; Title 40; Title 66 and Title 67, relative to landlords. |
| Category |
Property & Housing |
| Sponsors |
Sen. Charlotte Burks / Rep. Ryan Williams |
| Description |
Increases, from 68,000 to 75,000, the county population threshold for the application of the Uniform Residential Landlord and Tenant Act (URLTA). |
| Fiscal Note |
(Dated: February 4, 2012) Not significant.
|
| Senate Status |
04/16/2012 - Senate reconsidered its actions and withdrew amendment 1. Senate passed. |
| House Status |
04/09/2012 - House non-concurred in Senate amendment 1. |
| Executive Status |
04/27/2012 - Signed by governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 66-28-102, relative to application of the "Uniform Landlord and Tenant Act". |
| Category |
Property & Housing |
| Sponsors |
Sen. Stacey Campfield / Rep. Charles Curtiss |
| Description |
Permits landlord to terminate rental agreement if tenant creates a hazardous or unsanitary, instead of hazardous and unsanitary, condition on the property. Deletes requirement that landlord notify tenant at time of lease signing of location of separate account for security deposits. |
| Amendment |
Senate amendment 1 (01305163) specifies that the act shall take effect upon becoming law and shall apply to rental agreements entered into or renewed on or after such date. Senate Amendment 2 (01686761) adds the language "Notwithstanding the provisions of subsection (a), all landlords of residential property shall be required to notify their tenants at the time such persons sign the lease and submit the security deposit, of the location of the account required to be maintained pursuant to this section, but shall not be required to provide the account number to such persons. " as the new subsection h in section 66-28-301 of the code. |
| Fiscal Note |
(Dated: February 9, 2012) Not significant.
|
| Senate Status |
04/18/2012 - Senate passed with amendment 2. |
| House Status |
04/19/2012 - House concurred in Senate amendment 1 and 2. |
| Executive Status |
04/27/2012 - Sent to governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 66, Chapter 28, relative to the Uniform Landlord and Tenant Act. |
| Category |
Property & Housing |
| Sponsors |
Sen. Mike Bell / Rep. Glen Casada |
| Description |
Revises homestead exemption to be a residence with up to one-half acre of land. Exempts the property from liens and forced sale except to pay taxes or debt secured by the property. |
| Senate Status |
01/26/2012 - Referred to Senate Judiciary. |
| House Status |
01/26/2012 - Referred to House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 26, Chapter 2, Part 3, relative to the homestead. |
| Category |
Property & Housing |
| Sponsors |
Sen. Joe M. Haynes / Rep. Mike Stewart |
| Description |
Requires the public offering statement for a time-share interval to include a specified statement regarding any restraints on alienation. Requires a statement regarding the value of a time-share interval being determined by the personal experience, not as an investment opportunity. Authorizes a purchaser who made an on-site inspection to void a contract up to 20, rather than 10, days after signing. Authorizes a purchaser who did not make an on-site inspection to void a contract up to 30, rather than 15, days after signing. Authorizes a person to void a contract via electronic mail. Requires the electronic mail address of the seller be included in the contract. Prohibits waiver of the rescission rights. |
| Fiscal Note |
(Dated: January 28, 2012) Not significant.
|
| Senate Status |
03/28/2012 - Taken off notice in Senate Commerce, Labor & Agriculture. |
| House Status |
03/21/2012 - Taken off notice in House General Subcommittee of Commerce. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 66, Chapter 32, relative to consumer protection. |
| Category |
Property & Housing |
| Sponsors |
Sen. Reginald Tate / Rep. G.A. Hardaway |
| Description |
Gives a tenant who is the victim of domestic abuse, sexual assault, or stalking the right to terminate a lease or rental agreement if the tenant provides the landlord with written notice and documentation that tenant is a victim, including a copy of a valid order of protection. |
| Fiscal Note |
(Dated: January 21, 2012) Not significant.
|
| Senate Status |
02/01/2012 - Referred to Senate Judiciary. |
| House Status |
03/21/2012 - Taken off notice in House General Subcommittee of Commerce. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 66, relative to the termination of residential lease or rental agreements under certain circumstances. |
| Category |
Property & Housing |
| Sponsors |
Sen. Mae Beavers / Rep. Rick Womick |
| Description |
Defines "private property rights" to clarify meaning of unwarranted government interference with such rights. Provides private property owners do not have to accommodate to local "Sustainable Development" policies. Prohibits government from imposing certain zoning restrictions, ordinances or fines regarding aesthetic landscaping, and interfering with interior or exterior aspects of a home on private property. Limits eminent domain. |
| Fiscal Note |
(Dated: February 15, 2012) Other Fiscal Impact - There is a potential fiscal impact to state and local government revenue and expenditures. Due to multiple unknown factors, the net fiscal impact for this bill cannot be quantified with reasonable certainty.
|
| Senate Status |
02/01/2012 - Referred to Senate Judiciary. |
| House Status |
03/21/2012 - Taken off notice in House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 12, Chapter 1, Part 2, relative to private property rights. |
| Category |
Property & Housing |
| Sponsors |
Sen. Eric Stewart / Rep. David Alexander |
| Description |
Prohibits the transfer of a possessory interest in a deed of trust, mortgage or other lien securing the payment of money or other thing of value on an owner-occupied residence while a foreclosure is pending. |
| Fiscal Note |
(Dated: February 21, 2012) Not significant.
|
| Senate Status |
03/28/2012 - Taken off notice in Senate Commerce, Labor & Agriculture. |
| House Status |
03/14/2012 - Taken off notice in House General Subcommittee of Commerce. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 29; Title 35, Chapter 5; Title 45, Chapter 20; Title 47 and Title 66, relative to foreclosures. |
| Category |
Property & Housing |
| Sponsors |
Sen. Bill Ketron / Rep. Jim Gotto |
| Description |
Enacts "Tennessee Non-Conforming Property Act." Allows property used for certain operations which were operating legally and compliant with zoning regulations prior to the effective date of new zoning regulations to which the property would no longer conform or comply, to continue to operate normally under certain conditions. |
| Fiscal Note |
(Dated: February 28, 2012) Increase state revenue - not significant. Increase state expenditures - not significant. Increase local revenue -not significant. Increase local expenditures - $1,399,500.
|
| Senate Status |
02/28/2012 - Senate State & Local Government deferred to 03/06/12. |
| House Status |
03/21/2012 - Taken off notice in House General Subcommittee of State & Local Government. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 13, Chapter 7, relative to nonconforming property. |
Public Employees - 9
| Category |
Public Employees |
| Sponsors |
Sen. Mae Beavers / Rep. Mark Pody |
| Description |
Requires district attorneys (DAs) and assistant district attorneys (ADAs) serving as members or directors of public or private boards, commissions, or organizations to report their involvement to the office of the attorney general or the DA, respectively, within 30 days. Requires DAs to report investigations of said organizations if an ADA is a member, along with a plan to implement procedures to ensure that the Rules of Professional Conduct and the state laws are upheld. Broadly captioned. |
| Fiscal Note |
(Dated: February 23, 2012) Not significant.
|
| Senate Status |
01/23/2012 - Referred to Senate Judiciary. |
| House Status |
02/01/2012 - Referred to House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 8; Title 17; Title 39 and Title 40, relative to conflicts of interest. |
| Category |
Public Employees |
| Sponsors |
Sen. Ken Yager / Rep. Jon Lundberg |
| Description |
Requires the court clerk to increase filing and data entry fee by $2.00 except in certain cases brought by the state. |
| Amendment |
Senate amendment 1 (01648277) adds a four-year sunset provision to the bill. |
| Fiscal Note |
(Dated: March 14, 2012) Increase local revenue - exceeds $384,700.
|
| Senate Status |
04/25/2012 - Senate passed with amendment 1 (01648277), which adds a four-year sunset provision to the bill. |
| House Status |
04/27/2012 - House concurred in Senate amendment 1. |
| Executive Status |
04/27/2012 - Sent to the speakers for signatures. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 8-21-401 and Section 8-21-409, relative to fees collected by court clerks. |
| Category |
Public Employees |
| Sponsors |
Sen. Randy McNally / Rep. Bill Dunn |
| Description |
Prohibits salary adjustments for any judge who is convicted, found guilty, pleads guilty, or nolo contendere to a felony constituting malfeasance in office. Broadly captioned. |
| Fiscal Note |
(Dated: March 6, 2012) Other Fiscal Impact - The provisions of the legislation only apply to judges who take office on or after the effective date of the bill. There will be future cost avoidance realized for any judge who is convicted of or pleads guilty to a felony offense because he or she will not receive an annual salary adjustment. The extent of any such future cost avoidance cannot be quantified.
|
| Senate Status |
04/10/2012 - Taken off notice in Senate Judiciary. |
| House Status |
02/01/2012 - Referred to House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 8, Chapter 23; Title 16 and Title 17, relative to judicial compensation. |
| Category |
Public Employees |
| Sponsors |
Sen. Mike Faulk / Rep. Jim Gotto |
| Description |
Allows a governmental entity to purchase an insurance policy that provides government crime coverage, employee dishonesty insurance coverage, or equivalent coverage that insures the faithful performance by officials and their employees of their fiduciary duties and responsibilities. |
| Fiscal Note |
(Dated: March 15, 2012) Not significant.
|
| Senate Status |
01/30/2012 - Referred to Senate State & Local Government. |
| House Status |
02/02/2012 - Referred to House General Subcommittee of State & Local Government. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 8 and Title 29, relative to insurance to protect against certain acts and omissions by government officials and employees. |
| Category |
Public Employees |
| Sponsors |
Sen. Doug Overbey / Rep. Vance Dennis |
| Description |
Deletes several duties of the executive director of the public defenders conference such as the requirements to administer certain accounts of the judicial branch of government, draw and approve all requisitions for the payment of public moneys appropriated for the maintenance and operation of the judicial branch of government which relate to the offices of public defenders, and the authority to provide law libraries. Deletes provision stating all functions performed by the executive director involving expenditures of state funds are subject to specified auditing standards. |
| Fiscal Note |
(Dated: February 26, 2012) Not significant.
|
| Senate Status |
01/30/2012 - Referred to Senate Judiciary. |
| House Status |
02/01/2012 - Referred to House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 8, Chapter 14 and Title 9, Chapter 4, relative to district public defenders. |
| Category |
Public Employees |
| Sponsors |
Sen. Dolores R. Gresham / Rep. John Ragan |
| Description |
Extends the scope of what is protected during any unpaid leave for service in the state guard or civil air patrol to include any job-related benefit, including, but not limited to, the benefits that are protected under present law plus position and supplemental pay. Specifies that the entitlement to unpaid leave applies when service in the state guard or civil air patrol is during an emergency. |
| Amendment |
House amendment 1 (01293276) clarifies that this bill applies to employees who are members of the Tennessee army and air national guard on active state duty or the Tennessee state guard and civil air patrol. This amendment also revises the pay and other benefits that would be unaffected by the leave of absence, to specify that person would not suffer loss of time, pay not specifically related to leave of absence time, regular leave or vacation or impairment of efficiency rating. This amendment specifies that the leave provided by this bill is in addition to the leave provided under present law for reservists. |
| Fiscal Note |
(Dated: January 30, 2012) Not significant.
|
| Senate Status |
04/04/2012 - Senate passed. |
| House Status |
03/05/2012 - House passed with amendment 1. |
| Executive Status |
04/26/2012 - Enacted as Public Chapter 0803 effective April 23, 2012. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 8, Chapter 33, Part 1, relative to employees in military service. |
| Category |
Public Employees |
| Sponsors |
Sen. Stacey Campfield / Rep. Barrett Rich |
| Description |
Creates the office of solicitor general appointed by the general assembly for a term of four years. Specifies that the duty of the solicitor general is to defend the constitutionality and validity of all legislation of statewide applicability. Revises duties of attorney general and reporter. |
| Fiscal Note |
(Dated: March 4, 2012) Increase state expenditures - $12,000/one-time. $208,400/Recurring.
|
| Senate Status |
04/04/2012 - Senate Government Operations deferred to 04/11/12. |
| House Status |
04/11/2012 - House Judiciary Committee deferred to summer study. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 8, to appoint a solicitor general. |
| Category |
Public Employees |
| Sponsors |
Sen. Roy B. Herron / Rep. Craig Fitzhugh |
| Description |
Creates Class A misdemeanor for an official in the executive or legislative branch, or immediate family of such an official, to hold ownership or other financial interest in, or be employed by, a privatization enterprise. |
| Fiscal Note |
(Dated: March 5, 2012) Increase state expenditures - $22,000/incarceration.
|
| Senate Status |
04/04/2012 - Taken off notice in Senate State & Local Government. |
| House Status |
02/02/2012 - Referred to House General Subcommittee of State & Local Government. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 2, Chapter 10, Part 1; Title 3, Chapter 6; Title 8, Chapter 50, Part 5; Title 12, Chapter 4, Part 1 and Title 12, Chapter 3, Part 1, relative to governmental ethics. |
| Category |
Public Employees |
| Sponsors |
Rep. Vance Dennis |
| Description |
Deletes several duties of the executive director of the public defenders conference, such as the requirements to administer certain accounts of the judicial branch of government, draw and approve all requisitions for the payment of public moneys appropriated for the maintenance and operation of the judicial branch of government which relate to the offices of public defenders, and the authority to provide law libraries. Deletes provision stating all functions performed by the executive director involving expenditures of state funds are subject to specified auditing standards. |
| Fiscal Note |
(Dated: February 26, 2012) Not significant.
|
| Senate Status |
None |
| House Status |
02/01/2012 - Referred to House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 8, Chapter 14 and Title 9, Chapter 4, relative to district public defenders. |
Public Finance - 5
| Category |
Public Finance |
| Sponsors |
Sen. Beverly Marrero / Rep. Jim Coley |
| Description |
Requires fiscal notes for all bills that criminalize activities or increase existing criminal penalties that do not become law. These notes shall include a cost benefit analysis of the impact on the state of Tennessee and address the deleterious effects to persons and businesses if such bill does not become law. |
| Fiscal Note |
(Dated: February 6, 2012) Increase state expenditures - $20,000/one-time. Exceeds $500,000/Recurring.
|
| Senate Status |
01/23/2012 - Referred to Senate State & Local Government. |
| House Status |
02/08/2012 - House General Subcommittee of State & Local Government deferred to summer study. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 3, Chapter 2, Part 1, relative to fiscal notes for certain bills affecting public health and safety. |
| Category |
Public Finance |
| Sponsors |
Sen. Bill Ketron / Rep. Joe Carr |
| Description |
Requires the department of finance and administration to create and maintain a single, searchable budget database web site by January 1, 2013 for the 2012-2013 fiscal year. Requires the database to be updated each fiscal year no later than 30 days following the close of the fiscal year, and all state agencies must provide the commissioner with all data that is required to be in the database. |
| Fiscal Note |
(Dated: February 6, 2012) Increase state expenditures - exceeds $250,000/one-time. Exceeds $150,000/recurring.
|
| Senate Status |
04/25/2012 - Senate Finance, Ways & Means referred to TACIR. |
| House Status |
04/30/2012 - House General Subcommittee of Finance adjourned the subcommittee meeting without taking up this bill. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 9, Chapter 4, Part 51, to enact the "Taxpayer Transparency Act". |
| Category |
Public Finance |
| Sponsors |
Sen. Becky Duncan Massey / Rep. Scotty Campbell |
| Description |
Changes determination of indigence income, when evaluating statistics and reports submitted to the department of health on uncompensated care. The amount of indigence is revised to an amount not to exceed 133 percent instead of 100 percent of federal poverty guidelines. |
| Amendment |
Senate amendment 1 (01329118) makes the bill. Requires the Tennessee Hospital Association to use the all claims data on inpatient and outpatient discharges, received from the Commissioner of Health, strictly for its own internal purposes and for internal purposes of its members. |
| Fiscal Note |
(Dated: February 23, 2012) Not significant.
|
| Senate Status |
03/15/2012 - Senate passed with amendment 1. |
| House Status |
03/26/2012 - House passed. |
| Executive Status |
04/13/2012 - Enacted as Public Chapter 0704 effective April 11, 2012. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 68, Chapter 1, relative to the department of health. |
| Category |
Public Finance |
| Sponsors |
Sen. Randy McNally / Rep. Charles M. Sargent |
| Description |
Authorizes the commissioner of finance and administration to adopt policies for the canceling or writing off of any disbursement warrants that have not been redeemed within a maximum period of time as determined by the commissioner. |
| Fiscal Note |
(Dated: January 29, 2012) Not significant.
|
| Senate Status |
01/30/2012 - Referred to Senate Finance, Ways & Means. |
| House Status |
02/01/2012 - Referred to House General Subcommittee of Finance. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 4; Title 9 and Title 66, Chapter 29, relative to disbursement of state funds. |
| Category |
Public Finance |
| Sponsors |
Sen. Mark S. Norris / Rep. Charles M. Sargent |
| Description |
Makes appropriations for fiscal years beginning July 1, 2011, and July 1, 2012. |
| Amendment |
HOUSE AMENDMENT 2 (01500003) is Administration Amendment – 2011- 2012 Supplemental Appropriations. (See TLS Documents for more information.) HOUSE AMENDMENT 3 (01748703) makes some changes to the financing for certain projects in amendment 2. Removes certain "local" projects from the list of approved projects. (See TLS Documents "House Appropriations Bill Finance Amd 3.") . SENATE AMENDMENT 18 (01763077) deletes Section 1, Title III-22, Line Item 32, of the printed bill in its entirety. Deletes from the 2012-2013 budget document line items regarding: Shelby Farms Park Conservancy, West Tennessee Mega-site Site Development, National Civil Rights Museum Tourist Development Department Support of National Festivals and Conventions, for making a grant to the National Council for the Traditional Arts to support the 2012 National Folk Festival in Nashville, if such festival will occur, Radnor Lake State Natural Area – Land Acquisition. Deletes Line Item 3 in Section 66, as amended. Deletes in its entirety Item 2 in Section 68, as amended. Reduces funding for the following appropriations: transition of the Lambuth campus, the state-only grant to Meharry Medical in an amount that is proportional to any reduction made by the Metropolitan Government of Nashville/Davidson County, the Ripley Center at UT Martin, the UT Martin, Parsons Center, the grant to the Metropolitan Government of Nashville/Davidson County for the construction of a sports stadium, grant funds to the Sickle Cell Foundation of Tennessee. Reduces the "$15,000,000" in Item 2 of Section 72, as amended, to "$10,000,000". Deletes the following appropriations: in the sum of $250,000 (non-recurring) to the department of education for the sole purpose of allocating such sum as grants in equal amounts to each Tennessee public television station, to be used for equipment, programs and operational expenses; the sum of $75,000 (non-recurring) to F & A for the sole purpose of making grants in the amount of $37,500 each to the Rutherford County Drug Court and the Williamson County Drug Court, to be used for operational expenses, the sum of $335,000 (non-recurring) to the Department of Environment and Conservation for the sole purpose of restoring base funding for the West Tennessee River Basin Authority major maintenance program; the sum of $800,000 (non-recurring) to F & A for the sole purpose of making a grant in such amount to Meharry Medical College, to be used in support of the Meharry HBCU Wellness Project; the sum of $100,000 (non-recurring) to F & A for the sole purpose of making a grant in such amount to the Nashville Drug Court Support Foundation, a non-profit corporation; the sum of $95,000 (non-recurring) to F & A for the sole purpose of making a grant in such amount to the National Institute for Law and Equity; the the sum of $100,000 (non-recurring) to F & A for the sole purpose of making a grant in such amount to the Shelby County Drug Court under the guidance of Judge Tim Dwyer; the sum of $125,000 (non-recurring) to F & A for the sole purpose of making a grant in such amount to the Tennessee Association of Rescue Squads, to be used for the acquisition of underwater radar and associated costs; the sum of $15,000 (non-recurring) to F & A for the sole purpose of making a grant in such amount to the Tennessee Association of Rescue Squads, to be used for operational costs. Replaces funds for F & A for the sole purpose of making grants, in equal amounts, to the drug courts located in the various counties, to be used for programs, services and operational expenses to be $244,000 (non-recurring) to F & A. Adds at the end of the last sentence in Item 2, Section 47 of the printed bill: ", and shall include $2,600,000 (recurring) and $7,400,000 (non-recurring) transferred from the general fund." Adds in Section 48 of the printed bill: In the fiscal year ending June 30, 2013, the sum of $10,800,000 (nonrecurring) shall be transferred from the general fund to the TennCare Reserve." Adds at the end of Section 75: "It is the legislative intent that the appropriations to the Department of Economic and Community Development for the Film and Television Incentive Fund in Section 4, Title III-8, Item 10, and in Section 36, Item 31, of this act, are authorized to be used for projects that have been approved under TCA 67-4-2109(j), but have not yet received funding from the state, as a result of the implementation of SB 3771/HB 3839, if such bill becomes law." Adds appropriations for the public defenders offices in Davidson County and Shelby County, and requires the F & A Commissioner to study issues pertaining to implementation of the provisions of TCA 8-14-210, relative to budget increases for the public defender offices in Davidson and Shelby counties. SENATE AMENDMENT 4 (01675277) is a stripper amendment. SENATE AMENDMENT 5 (01736877) contains the same language as House amendment 2. It is Administration Amendment – 2011- 2012 Supplemental Appropriations. SENATE AMENDMENT 6 (01709477) is makes appropriations to the Department of Economic and Community Development for the Film and Television Incentive Fund. SENATE AMENDMENT 7 (01753095) deals with the Public Defender Offices in Davidson and Shelby Counties. CONFERENCE COMMITTEE REPORT rewrites the bill. Under TLS Documents, see "Conference Committee Report, Line Item Summary". |
| Senate Status |
04/30/2012 - Senate adopted conference committee report, which rewrites the bill. Under TLS Documents, see "Conference Committee Report, Line Item Summary". |
| House Status |
04/30/2012 - House adopted conference committee report, which rewrites the bill. Under TLS Documents, see "Conference Committee Report, Line Item Summary". |
| Executive Status |
04/30/2012 - Sent to the speakers for signatures. |
| Caption |
AN ACT to make appropriations for the purpose of defraying the expenses of the state government for the fiscal years beginning July 1, 2011, and July 1, 2012, in the administration, operation and maintenance of the legislative, executive and judicial branches of the various departments, institutions, offices and agencies of the state; for certain state aid and obligations; for capital outlay, for the service of the public debt, for emergency and contingency; to repeal certain appropriations and any acts inconsistent herewith; to provide provisional continuing appropriations; and to establish certain provisions, limitations and restrictions under which appropriations may be obligated and expended. This act makes appropriations for the purposes described above for the fiscal years beginning July 1, 2011, and July 1, 2012. |
Taxes Business - 3
| Category |
Taxes Business |
| Sponsors |
Sen. Bill Ketron / Rep. Judd Matheny |
| Description |
Increases the privilege tax on litigation on all criminal charges from $1.00 to $4.00, effective July 1, 2012; moneys collected will be deposited to the statewide automated victim information and notification system. Broadly captioned. |
| Amendment |
Senate amendment 1 (01338771) lowers the proposed increase from $4 to $3. |
| Fiscal Note |
(Dated: February 25, 2012) On February 21, 2012, a fiscal note was issued estimating a fiscal impact as follows:
Increase state revenue - $647,900/Victim Information and Notification System Fund.
Due to an oversight in calculating the local revenue, this impact was in error. Based on additional review, the estimated impact is:
(CORRECTED) Increase state revenue - $647,900/Victim Information and Notification System Fund. Increase local revenue - $46,900.
|
| Senate Status |
04/27/2012 - Senate passed with amendment 1 (01338771), which lowers the proposed increase from $4 to $3. |
| House Status |
04/30/2012 - House concurred in Senate amendment 1. |
| Executive Status |
04/30/2012 - Sent to the speakers for signatures. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 40, Chapter 38 and Title 67, Chapter 4, Part 6, relative to the statewide automated victim information and notification system. |
| Category |
Taxes Business |
| Sponsors |
Sen. Jim Summerville / Rep. John Ragan |
| Description |
Abolishes the recordation tax and abolishes the wetland acquisition fund, the local parks land acquisition fund, the state land acquisition fund, and the agricultural resource conservation fund, which are all funded by the recordation tax. |
| Fiscal Note |
(Dated: February 1, 2012) Decrease state revenue - $10,644,500/Wetland Acquisition Fund. $5,685,100/Local Parks Land Acquisition Fund. $4,959,400/State Lands Acquisition Fund. $4,959,400/Agricultural Resources Conservation Fund. Net impact - $90,672,500/General Fund. Decrease State Expenditures - not significant. Decrease local revenue - net impact - exceeds $1,368,000. Decrease Local Expenditures - exceeds $3,074,400.
|
| Senate Status |
02/29/2012 - Taken off notice in Senate Finance Tax Subcommittee. |
| House Status |
01/26/2012 - Referred to House General Subcommittee of Conservation & Environment. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 67-4-409, relative to the recordation tax. |
| Category |
Taxes Business |
| Sponsors |
Sen. Randy McNally / Rep. Charles M. Sargent |
| Description |
Requires that any governmental employee, on whose behalf the government chooses to pay the professional privilege tax, use their certification or licensure in connection with their government job. |
| Fiscal Note |
(Dated: February 23, 2012) Not significant.
|
| Senate Status |
01/30/2012 - Referred to Senate State & Local Government. |
| House Status |
02/02/2012 - Referred to House General Subcommittee of State & Local Government. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 67, Chapter 4, Part 17, relative to the privilege of engaging in certain occupations. |
Taxes General - 10
| Category |
Taxes General |
| Sponsors |
Sen. Doug Overbey / Rep. Judd Matheny |
| Description |
Authorizes local governments to impose a $25 litigation privilege tax on all civil and criminal cases. Funds shall be used on technology for sharing information among law enforcement agencies. |
| Amendment |
House amendment 1 (01253666) rewrites the bill. Under present law, upon the adoption of a resolution by a 2/3 majority vote of a county legislative body, such county may levy: (1) A privilege tax of up to $25.00 per case on litigation in all civil and criminal cases for the purpose of jail or workhouse construction, reconstruction or upgrading, or to retire debt on such construction, reconstruction or upgrading or for courthouse renovation; or (2) A privilege tax of up to $25.00 per case on litigation in all civil and criminal cases to be used exclusively for court house security, in addition to the purposes described above in (1); or (3) Both of the privilege taxes described above in (1) and (2). This amendment authorizes any county that adopts either or both of the privilege taxes described above in (1) and (2) to also adopt a resolution by a 2/3 majority vote of the legislative body, to use those funds, in addition to the purposes described above, for the purpose of obtaining and maintaining software and hardware associated with collecting, receiving and maintaining records for law enforcement agencies. New or replacement systems must incorporate modern software concepts and architecture as detailed in the bill. Such use of those funds would only be effective until all expenses regarding the project have been paid, or until the debt for such project has been retired. |
| Fiscal Note |
(Dated: January 30, 2012) Increase local revenue - $1,929,800/FY12-13/permissive. $1,929,800/FY13-14/permissive. Exceeds $890,500/FY13-14/permissive. Increase local expenditures - Exceeds $4,750,000/one-time/permissive.
|
| Senate Status |
03/22/2012 - Senate passed. |
| House Status |
02/27/2012 - House passed with amendment 1. |
| Executive Status |
04/05/2012 - Enacted as Public Chapter 0659 effective July 1, 2012. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 67, Chapter 4, Part 6, relative to revenue for certain computer related expenses of law enforcement agencies. |
| Category |
Taxes General |
| Sponsors |
Sen. Jim Tracy / Rep. Terri Lynn Weaver |
| Description |
Eliminates gift tax on transfers made on or after January 1, 2013. |
| Fiscal Note |
(Dated: February 1, 2012) Decrease state revenue - net impact - $14,953,400/FY13-14 and subsequent years. Decrease State Expenditures - $112,600/FY13-14. $167,700/FY14-15 and subsequent years. Increase local revenue - $218,200/FY13-14 and subsequent years.
Other Fiscal Impact - Secondary economic impacts may occur as a result of this bill. Such impacts may be realized due to changes in population or as a result of other behavioral changes prompted by passage of this proposed legislation. Due to multiple unknown factors, fiscal impacts directly attributable to such secondary economic impacts cannot be quantified with reasonable certainty.
|
| Senate Status |
02/29/2012 - Taken off notice in Senate Finance Tax Subcommittee. |
| House Status |
01/25/2012 - Referred to House General Subcommittee of Finance. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 67, Chapter 8, relative to transfer taxes. |
| Category |
Taxes General |
| Sponsors |
Sen. Ken Yager / Rep. Steve McDaniel |
| Description |
Increases, from $1,000,000 to $5,000,000, the single allowable exemption to be applied against net estate for state inheritance taxes. Requires exemption amount to match exemption for federal estate taxes. Requires state gift tax exemption to be the same as inflation adjusted exclusion amount for federal gift taxes. |
| Fiscal Note |
(Dated: February 16, 2012) Decrease state revenue - net impact - $67,034,300. Increase local revenue - $978,300.
Other Fiscal Impact - Secondary economic impacts may occur as a result of this bill. Such impacts may be realized due to changes in population or as a result of other behavioral changes prompted by passage of this bill. Due to multiple unknown factors, fiscal impacts directly attributable to such secondary economic impacts cannot be quantified with reasonable certainty.
|
| Senate Status |
03/13/2012 - Taken off notice in Senate Finance Tax Subcommittee. |
| House Status |
01/31/2012 - Referred to House General Subcommittee of Finance. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 67, Chapter 8, Part 1; Title 67, Chapter 8, Part 3 and Title 67, Chapter 8, Part 4, relative to transfer taxes. |
| Category |
Taxes General |
| Sponsors |
Sen. Randy McNally / Rep. Charles M. Sargent |
| Description |
Eliminates the gift tax in 2013 and thereafter. |
| Amendment |
Senate amendment 1 (01467677) repeals the gift tax on transfers made on or after October 1, 2012. House amendment 1 (01737503) deletes all language after the enacting clause. Effective upon becoming a law, repeals the gift tax on transfers made on or after January 1, 2012. |
| Fiscal Note |
(Dated: February 1, 2012) Decrease state revenue - net impact - $14,953,400/FY13-14 and subsequent years. Decrease state expenditures - $112,600/FY13-14. $167,700/FY14-15 and subsequent years. Increase local revenue - $218,200/FY13-14 and subsequent years.
Other Fiscal Impact - Secondary economic impacts may occur as a result of this bill. Such impacts may be realized due to changes in population or as a result of other behavioral changes prompted by passage of this proposed legislation. Due to multiple unknown factors, fiscal impacts directly attributable to such secondary economic impacts cannot be quantified with reasonable certainty.
|
| Senate Status |
05/01/2012 - Set for Senate Message Calendar 3 05/01/12. |
| House Status |
05/01/2012 - House passed with amendment 1. House amendment 1 deletes all language after the enacting clause. Effective upon becoming a law, repeals the gift tax on transfers made on or after January 1, 2012. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 67, Chapter 8, Part 6; Title 67, Chapter 8, Part 1 and Title 67, Chapter 8, Part 4, relative to the gift tax. |
| Category |
Taxes General |
| Sponsors |
Sen. Stacey Campfield / Rep. Joe Carr |
| Description |
Enacts "Food Tax--Adult Materials Tax Swap Act." Imposes a 25 percent tax in addition to any other applicable tax on certain adult materials and services, such as adult magazines and movies, escort services, and advertising for a sexually-oriented business. Imposes occupational privilege tax on performers in adult cabarets. Creates the food tax reduction fund with moneys collected from this act; allows revenue to fund reductions in state sales taxes on food and food ingredients. |
| Fiscal Note |
(Dated: February 12, 2012) Increase state revenue - $55,849,400/Recurring/Food Tax Reduction Fund. Decrease state revenue - $782,900/Recurring/General Fund. Increase state expenditures - $162,000/one-time/General Fund. $204,500/Recurring/General Fund. Decrease local revenue - $330,800/Recurring.
Other Fiscal Impact - To the extent subsequent legislation is enacted that reduces or eliminates the state sales tax rate levied on food and fooding redients, there will be a recurring increase in state expenditures from the Food Tax Reduction Fund. Such amounts are dependent upon action taken by the General Assembly. As a result, this impact cannot be reasonably quantified at this time.
|
| Senate Status |
03/13/2012 - Taken off notice in Senate Finance Tax Subcommittee. |
| House Status |
02/29/2012 - House Government Operations recommended. Sent to House Finance, Ways & Means. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 67, relative to enact the Food Tax - Adult Materials Tax Swap Act. |
| Category |
Taxes General |
| Sponsors |
Sen. Douglas Henry Jr. / Rep. Steve McDaniel |
| Description |
Requires the department of revenue to provide, as it relates to the payment of the bail bond tax, relevant reports to the Administrative Office of the Courts and such other organizations as it deems appropriate. |
| Fiscal Note |
(Dated: February 4, 2012) Not significant.
|
| Senate Status |
02/01/2012 - Referred to Senate Judiciary. |
| House Status |
02/06/2012 - Referred to House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 67, Chapter 4. |
| Category |
Taxes General |
| Sponsors |
Sen. Bill Ketron / Rep. Joe Carr |
| Description |
Exempts sole proprietorships from the Hall income tax. |
| Fiscal Note |
(Dated: February 29, 2012) Decrease state revenue - net impact - $1,774,200. Decrease local revenue - net impact - $1,082,300. Other Fiscal Impact - Secondary economic impacts may occur as a result of this bill. Such impacts may be realized due to changes in population or as a result of other behavioral changes prompted by passage of this bill. Due to multiple unknown factors, fiscal impacts directly attributable to such secondary economic impacts cannot be quantified with reasonable certainty.
|
| Senate Status |
03/13/2012 - Taken off notice in Senate Finance Tax Subcommittee. |
| House Status |
04/30/2012 - House General Subcommittee of Finance adjourned the subcommittee meeting without taking up this bill. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 67, Chapter 2, Part 1, relative to the application of the income tax to certain forms of business. |
| Category |
Taxes General |
| Sponsors |
Sen. Reginald Tate / Rep. Johnnie Turner |
| Description |
Enacts the "Millionaires' Tax Act." Abolishes the Hall Income Tax. Eliminates sales tax on food items. Establishes an income tax wherein seven percent of personal income over $1 million is levied and collected annually. 81 pgs. Broadly captioned. |
| Fiscal Note |
(Dated: March 8, 2012) Increase state revenue - net impact - Exceeds $654,713,600/FY12-13 and subsequent years/General Fund. Decrease state revenue - Exceeds $25,000,000/FY12-13 and subsequent years/Dept. of Revenue. Increase state expenditures - Exceeds $1,049,702,700/FY12-13/General Fund. Exceeds $1,058,496,800/Each FY13-14, FY14-15, and FY15-16/General Fund. Exceeds $1,039,619,600/FY16-17 and subsequent years/General Fund. Local revenue - net impact - not significant. Increase local expenditures - exceeds $1,000,000.
|
| Senate Status |
02/01/2012 - Referred to Senate Finance, Ways & Means. |
| House Status |
02/01/2012 - Referred to House Government Operations. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 3; Title 4; Title 5; Title 6; Title 7; Title 8; Title 9; Title 12; Title 16; Title 30; Title 36; Title 39; Title 40; Title 45; Title 47; Title 48; Title 55; Title 56; Title 57; Title 61; Title 62; Title 67; Title 68; Title 69; Title 70 and Title 71, to enact the "Millionaires' Tax Act". |
| Category |
Taxes General |
| Sponsors |
Sen. Rusty Crowe / Rep. Kent Williams |
| Description |
Makes the current Hall Income Tax exemption on income derived from a trust fund created for the perpetual care of a private cemetery, apply to trust funds in a trust created for the perpetual care of cemeteries, private or non-private. According to the department of revenue, this bill makes a technical correction concerning Public Acts 2011, Public Chapter 490, which made income from stocks and bonds of trusts for perpetual care or improvement of private cemeteries, graves, or burial grounds exempt from Hall Income Tax. |
| Fiscal Note |
(Dated: February 6, 2012) Not significant.
|
| Senate Status |
03/22/2012 - Senate passed. |
| House Status |
02/23/2012 - House passed. |
| Executive Status |
04/05/2012 - Enacted as Public Chapter 0667 effective July 1, 2012. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 67, relative to trust funds for cemeteries. |
| Category |
Taxes General |
| Sponsors |
Rep. Cameron Sexton |
| Description |
Allows an exemption against a net estate for inheritance tax purposes in an amount that includes basic exemption amount not applied against estate of last deceased spouse. |
| Fiscal Note |
(Dated: February 7, 2012) Decrease state revenue - net impact - $8,328,300. Increase local revenue - $121,500.
|
| Senate Status |
None |
| House Status |
01/24/2012 - Referred to House General Subcommittee of Finance. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 67, Chapter 8, relative to transfer taxes. |
Taxes Property - 6
| Category |
Taxes Property |
| Sponsors |
Sen. Mark S. Norris / Rep. Michael Harrison |
| Description |
Adds that the Class C misdemeanor offense for failure to attend when summoned by the comptroller is punishable by fine only. |
| Fiscal Note |
(Dated: March 4, 2012) Not significant.
|
| Senate Status |
01/30/2012 - Referred to Senate State & Local Government. |
| House Status |
01/31/2012 - Referred to House General Subcommittee of State & Local Government. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 67, relative to property taxes. |
| Category |
Taxes Property |
| Sponsors |
Sen. Mark S. Norris / Rep. Gerald McCormick |
| Description |
States that real estate owned by LLCs and used as low-income housing shall be treated as federally assisted housing for purposes of property taxes. |
| Amendment |
House General Subcommittee of Commerce amendment 1 (01505796) makes the bill. Under this amendment, any city or county with a metropolitan form of government would be authorized to negotiate a property tax exemption for a limited liability company or limited partnership operating low-income housing meeting certain IRS requirements. |
| Fiscal Note |
(Dated: February 28, 2012) Decrease local revenue - $6,000,000. Increase local expenditures - not significant.
|
| Senate Status |
03/28/2012 - Senate Commerce, Labor & Agriculture deferred to the call of the chair. |
| House Status |
04/03/2012 - Taken off notice in House Commerce. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 67, relative to affordable housing rental property. |
| Category |
Taxes Property |
| Sponsors |
Sen. Jack Johnson / Rep. Charles M. Sargent |
| Description |
Increases from 20 to 30 days in which a petition challenging determination of capitalization rate, income estimates or land values must be filed with state board of equalization after publication of notice of the availability of the proposed use value schedule in a newspaper of general circulation within the county. |
| Fiscal Note |
(Dated: February 23, 2012) Not significant.
|
| Senate Status |
03/27/2012 - Taken off notice in Senate State & Local Government. |
| House Status |
04/30/2012 - Taken off notice in House General Subcommittee of Finance. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 66, Chapter 9, Part 3 and Title 67, Chapter 5, Part 10, relative to the preservation of open space. |
| Category |
Taxes Property |
| Sponsors |
Sen. Eric Stewart / Rep. Judd Matheny |
| Description |
Exempts the state and local governmental entities from liability for homeowners' association fees and certain obligations when the governmental entity acquires real property to enforce its tax lien. |
| Fiscal Note |
(Dated: February 1, 2012) Decrease state expenditures - Exceeds $100,000. Decrease local expenditures - Exceeds $100,000.
|
| Senate Status |
03/27/2012 - Taken off notice in Senate State & Local Government. |
| House Status |
03/21/2012 - Taken off notice in House General Subcommittee of State & Local Government. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 67, Chapter 5, Part 24 and Title 67, Chapter 5, Part 25, to protect governmental entities from liability for certain fees after acquiring real property. |
| Category |
Taxes Property |
| Sponsors |
Sen. Bo Watson / Rep. Ryan A. Haynes |
| Description |
Permits notice by any alternative delivery service to certified or registered mail, return receipt requested as authorized by federal law in regard to notice to a taxpayer of a tax lien suit. |
| Fiscal Note |
(Dated: March 10, 2012) Other Fiscal Impact - Additional options for delivery of notifications may result in a decrease in local expenditures. Any such decrease is dependent upon several unknown factors and cannot be reasonably quantified.
|
| Senate Status |
04/09/2012 - Senate passed. |
| House Status |
04/27/2012 - House passed. |
| Executive Status |
04/27/2012 - Sent to the speakers for signatures. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 67, Chapter 5, relative to delinquent property taxes. |
| Category |
Taxes Property |
| Sponsors |
Sen. Mark S. Norris / Rep. Gerald McCormick |
| Description |
Increases the maximum allowable inheritance tax exemption from $1 million to $1.25 million. |
| Amendment |
HOUSE AMENDMENT 1 (01519603) sets the following schedule for winding down the inheritance tax. increases, from $1,000,000 to $1,250,000, the maximum single allowable exemption for state inheritance tax on estates of decedents dying in tax year 2013. For estates of decedents dying in tax year 2014, the single allowable exemption shall be $2,000,000; for estates of decedents dying in tax year 2015 and thereafter, the single allowable exemption shall be $5,000,000. HOUSE AMENDMENT 2 (01520303) removes the inheritance tax entirely by 2016. |
| Fiscal Note |
(Dated: March 6, 2012) Decrease state revenue - net impact - $14,191,100/FY13-14 and subsequent years. Increase local revenue - $207,100/FY13-14 and subsequent years.
According to the Department of Finance and Administration, the Division of Budget, the Governor's proposed budget for FY12-13 reflects a non- recurring increase in state revenue of $15,000,000 (reflecting a portion of FY12-13 inheritance tax revenue collected under current law) and a recurring decrease in state revenue of $15,000,000 (beginning in FY13-14 under this bill).
|
| Senate Status |
04/27/2012 - Senate passed. |
| House Status |
04/12/2012 - House passed with amendments 1 and 2. |
| Executive Status |
04/27/2012 - Sent to the speakers for signatures. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 67, Chapter 8, relative to inheritance tax. |
Taxes Sales - 5
| Category |
Taxes Sales |
| Sponsors |
Sen. Mark S. Norris / Rep. Gerald McCormick |
| Description |
Establishes requirements for determining whether certain affiliates have physical presence in this state sufficient to establish nexus for sales and use tax purposes. Specifies that the activities of a business's affiliates in this state, including the sale of tangible personal property for resale and other non-retail activities, may not be considered in determining whether the person has a physical presence in Tennessee sufficient to establish nexus for sales and use tax purposes. However, this provision would not apply to an affiliate that performs, within Tennessee, the following retail activities on behalf of a business: (1) The operation of a retail store or kiosk at which customers make purchases, return or exchange items or place orders of tangible personal property; or (2) The use of personnel to solicit sales of tangible personal property. Specifies that provisions are to be repealed January 1, 2014. (Part of Administration Package 2012) |
| Fiscal Note |
(Dated: February 7, 2012) On January 26, 2012, a fiscal note was issued estimating a fiscal impact as follows:
Forgone State Revenue - $5,710,100/FY11-12. $22,840,600/FY12-13. $11,420,300/FY13-14. Increase state revenue - $11,420,300/FY13-14. $22,840,600/FY14-15 and subsequent years. Forgone Local Revenue - $2,412,400/FY11-12. $9,649,400/FY12-13. $4,824,700/FY13-14. Increase local revenue - $4,824,700/FY13-14. $9,649,400/FY14-15 and subsequent years.
Due to an incorrect assumption concerning sales of qualified taxpayer, this impact was in error. Based upon additional information, the estimated impact is: (CORRECTED)
Forgone State Revenue - $4,387,800/FY11-12. $17,551,200/FY12-13. $8,775,600/FY13-14. Increase state revenue - $8,775,600/FY13-14. $17,551,200/FY14-15 and subsequent years. Forgone Local Revenue - $1,853,700/FY11-12. $7,414,800/FY12-13. $3,707,400/FY13-14. Increase local revenue - $3,707,400/FY13-14. $7,414,800/FY14-15 and subsequent years.
|
| Senate Status |
03/08/2012 - Senate passed. |
| House Status |
02/16/2012 - House passed. |
| Executive Status |
03/28/2012 - Enacted as Public Chapter 0624 effective March 23, 2012. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 67, Chapter 6, relative to the collection of sales and use tax. |
| Category |
Taxes Sales |
| Sponsors |
Sen. Tim Barnes / Rep. Joe Pitts |
| Description |
Exempts solar panels bought exclusively for businesses from sales tax. |
| Fiscal Note |
(Dated: February 20, 2012) On January 28, 2012, a fiscal note was issued estimating a fiscal impact as follows:
Decrease state revenue - net impact - $526,900. Decrease local revenue - $222,600.
Due to incomplete information, this impact was in error. Based upon additional information from the Department of Revenue, the estimated impact is: (CORRECTED)
Decrease state revenue - net impact - $395,200. Decrease local revenue - $167,000.
|
| Senate Status |
02/28/2012 - Senate Tax Subcommittee returned to Senate Finance without recommendation. |
| House Status |
01/25/2012 - Referred to House General Subcommittee of Commerce. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 67, Chapter 6, Part 3, relative to solar panels. |
| Category |
Taxes Sales |
| Sponsors |
Sen. Tim Barnes / Rep. Joe Pitts |
| Description |
Exempts solar panels bought exclusively for residential property from sales tax. |
| Fiscal Note |
(Dated: January 29, 2012) Decrease state revenue - net impact - $351,300. Decrease local revenue - $148,400.
|
| Senate Status |
02/28/2012 - Senate Tax Subcommittee returned to Senate Finance without recommendation. |
| House Status |
01/25/2012 - Referred to House General Subcommittee of Commerce. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 67-6-334, relative to solar panels. |
| Category |
Taxes Sales |
| Sponsors |
Sen. Lowe Finney / Rep. Craig Fitzhugh |
| Description |
Enacts the "Tennessee New Entrepreneur Tax Credit Act," which provides tax credits to applicants for creating or expanding microbusinesses that contribute to the state's economy through the creation of income or jobs. Microbusinesses must have five or fewer employees and be located in this state. Credits are based on demonstrated growth of applicant's business over two years. Microbusiness does not include a farm or livestock operation except in certain cases as defined. Describes application requirements and process. Authorizes department of revenue to approve applicants up to the adjusted limit each year, which is $2 million plus tentative tax credits not granted the proceeding year, beginning January 1, 2013 through December 31, 2022. Limits any one taxpayer and related person to $10,000 credit. Requires commissioner to submit an annual report, as described, to the finance, ways and means committees of each house. |
| Fiscal Note |
(Dated: February 29, 2012) Decrease state revenue - $2,000,000/each year FY13-14 through FY22-23. Increase state expenditures - $321,500/FY12-13. $295,100/FY13-14 and subsequent years.
Other Fiscal Impact - Secondary economic impacts may occur as a result of this bill. Such impacts may be realized due to an increased business presence in Tennessee prompted by passage of this proposed legislation. Due to multiple unknown factors, fiscal impacts directly attributable to such secondary economic impacts cannot be quantified with reasonable certainty.
|
| Senate Status |
04/25/2012 - Taken off notice in Senate Finance, Ways & Means. |
| House Status |
04/30/2012 - House General Subcommittee of Finance adjourned the subcommittee meeting without taking up this bill. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 67, Chapter 4, relative to credits against franchise and excise tax liability. |
| Category |
Taxes Sales |
| Sponsors |
Rep. James O. Naifeh |
| Description |
Proposes an amendment to establish a cap on the combined rate of state and local sales and use tax. |
| Fiscal Note |
(Dated: January 28, 2012) Increase state expenditures - $18,000/one-time.
|
| Senate Status |
None |
| House Status |
04/30/2012 - Taken off notice in House General Subcommittee of Finance. |
| Caption |
A RESOLUTION to amend Article II, Section 28 of the Constitution of Tennessee, relative to taxation. |
Tenncare - 1
| Category |
Tenncare |
| Sponsors |
Sen. Randy McNally / Rep. Julia Hurley |
| Description |
Directs the department of human services to conduct a summer study to examine the efficiency of the department's sliding scale distribution of benefits to recipients whose income increased to the maximum amount to receive benefits. Requires department to report its findings to the health committees of the house and senate. |
| Amendment |
House General Subcommittee of Health & Human Resources amendment 1 (01341268) rewrite the bill. Directs the commissioner of human services to conduct a summer study to expand the distribution schedule for Tennessee's Supplemental Nutrition Assistance Program, also known as food stamps. Such study will examine the increased need of food stamps and its impact on the current schedule. Directs the commissioner to look into making food stamps available over twenty days each month. |
| Fiscal Note |
(Dated: February 15, 2012) Not significant.
|
| Senate Status |
01/26/2012 - Referred to Senate Health & Welfare. |
| House Status |
03/27/2012 - Taken off notice in House General Subcommittee of Health & Human Resources. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 71, Chapter 5, Part 3, relative to food stamps. |
Tort Liability - 10
| Category |
Tort Liability |
| Sponsors |
Sen. Tim Barnes / Rep. Vance Dennis |
| Description |
Specifies that the limitations on the amount of noneconomic damages, and punitive damages imposed the "Tennessee Civil Justice Act of 2011" would not apply when the defendant's act or omission results in the defendant being convicted of a felony under the laws of any state or under federal law, and that act or omission caused the damages or injuries. |
| Amendment |
House amendment 1 (01118471) removes now outdated references to "created by HB 2008 / SB 1522 (Chapter ___ of the Public Acts of 2011)" and replaces with references to the current code. |
| Fiscal Note |
(Dated: August 5, 2011) Not significant.
|
| Senate Status |
04/19/2012 - Senate passed. |
| House Status |
02/16/2012 - House passed with amendment 1. |
| Executive Status |
04/27/2012 - Sent to governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 20; Title 27; Title 29 and Title 47, relative to the civil justice system. |
| Position |
Support |
| Category |
Tort Liability |
| Sponsors |
Sen. Brian K. Kelsey / Rep. Vance Dennis |
| Description |
Bars the use of joint and several liability for allocating damages in cases where separate, independent acts of more than one tortfeasor cause an indivisible injury or cases in which the injury caused by the original tortfeasor is enhanced by a third party rendering aid. Provides that joint and several liability will remain in effect in cases involving the family purpose doctrine. Requires the trier of fact to consider all parties who contributed to the alleged injury or property damage when assessing percentages of fault, including non-parties and parties immune from suit. Provides that in cases governed by worker's compensation law a party immune from suit may not be considered by the trier of fact in allocating fault. |
| Fiscal Note |
(Dated: December 16, 2011) Not significant.
|
| Senate Status |
04/11/2012 - Taken off notice in Senate Judiciary. |
| House Status |
04/11/2012 - Taken off notice in House Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 20, Chapter 6, Part 1 and Title 29, Chapter 11, Part 1, relative to the doctrine of joint and several liability. |
| Position |
Oppose |
| Category |
Tort Liability |
| Sponsors |
Sen. Brian K. Kelsey / Rep. Vance Dennis |
| Description |
Provides that a landowner owes no duty of care to trespassers and is not subject to civil liability for any injury, property damage, or death suffered by a trespasser while on the landowner's land. Lists circumstances under which a landowner is subject to liability for any injury, death, or property damage suffered by a trespasser based off conditions such as age of the trespasser, intent or reasonable care of the landowner, the degree of danger of the landowner's activity, or a failure to warn. Provides a business owner will not be liable for injuries to a person on the business property caused by criminal conduct of a third party. |
| Fiscal Note |
(Dated: January 5, 2012) Not significant.
|
| Senate Status |
01/12/2012 - Referred to Senate Judiciary. |
| House Status |
01/25/2012 - Referred to House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 29, Chapter 34, relative to landowner liability. |
| Position |
Oppose |
| Category |
Tort Liability |
| Sponsors |
Sen. Bill Ketron / Rep. Pat Marsh |
| Description |
Rewrites the statute regarding a landowner's duty of care to persons on the land for recreational purposes. Provides that a landowner has no duty of care to keep the land safe for recreational activities or warn of hazardous conditions to those granted permission to use the land without charge. Lists exceptions under which a landowner owes a duty of care to persons invited on the land for recreational activities including circumstances of gross negligence by the owner, the landowner charges or extends the invitation for commercial benefit, or an attractive nuisance is present on the land. Provides that a landowner granting permission to use land for recreational purposes does not assure the land is safe or assume responsibility for damage or injury. Exempts a landowner from any liability for death or injury caused during recreational use of the land permitted by a lessee or occupant, unless the owner has reason to know of such use and fails to make a good faith attempt to prevent it. |
| Fiscal Note |
(Dated: January 5, 2012) Not significant.
|
| Senate Status |
01/31/2012 - Senate Judiciary deferred to 02/21/2012. |
| House Status |
02/22/2012 - Taken off notice in House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 20; Title 29; Title 49 and Title 70, Chapter 7, relative to recreational land use. |
| Category |
Tort Liability |
| Sponsors |
Sen. Brian K. Kelsey / Rep. Vance Dennis |
| Description |
Establishes that a person possessing real property owes only a limited duty of care to a trespasser. Allows possessor to use force to end a trespass or criminal offense. Holds possessor liable for injury or death to a minor trespasser from an attractive nuisance or other dangerous condition. States that the section does not create or expand any liability under current law. |
| Amendment |
Senate amendment 1 (01416071) changes the language in subsection 2 b of section 1 to "refrain from willfully, with negligence so gross as to amount to willfully, intentionally, or wantonly causing injury; provided, however, a possessor of real property may willfully, with negligence so gross as to amount to willfully, or intentionally cause injury". |
| Fiscal Note |
(Dated: February 24, 2012) Not significant.
|
| Senate Status |
04/19/2012 - Senate passed with amendment 1. |
| House Status |
04/23/2012 - House passed. |
| Executive Status |
04/30/2012 - Sent to governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 29, relative to the liability of a possessor of real property for harm to a trespasser. |
| Position |
Oppose |
| Comment |
TEG? Railroads? |
| Category |
Tort Liability |
| Sponsors |
Sen. Doug Overbey / Rep. Richard Montgomery |
| Description |
Prohibits ice skating rink operators liable for damages or injuries to an ice skater or spectator if the operator complies with certain requirements. |
| Fiscal Note |
(Dated: February 9, 2012) Not significant.
|
| Senate Status |
01/26/2012 - Referred to Senate Judiciary. |
| House Status |
03/13/2012 - This bill was not discussed in committee as it has already been withdrawn on the House Floor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 29, relative to ice-skating. |
| Category |
Tort Liability |
| Sponsors |
Sen. Brian K. Kelsey / Rep. Vance Dennis |
| Description |
As introduced, permits health care providers to use a HIPAA release in potential medical malpractice claims to receive all medical records of the patient filing the claim from other health care providers. Authorizes the attorney of the health care provider to receive mental health and drug and alcohol abuse treatment records. Allows the attorney to interview the patient's health care providers to defend the claim. |
| Amendment |
Senate amendment 1 (01563571) rewrites the bill. Establishes that upon the filing of any "healthcare liability action," the named defendants may petition the court for a qualified protective order allowing the defendants and their attorneys the right to obtain protected health information during interviews, outside the presence of claimant or claimant's counsel, with the relevant patient's treating "healthcare providers." Requires such petition to be granted under the following conditions: (1) The petition must identify the treating healthcare providers for whom the defendants seek a qualified protective order to conduct an interview. (2) The claimant may file an objection seeking to limit or prohibit the defendants' counsel from conducting the interviews, which may be granted only upon good cause. (3) The qualified protective order shall limit the dissemination of any protected health information to the litigation pending before the court. |
| Fiscal Note |
(Dated: February 23, 2012) Not significant.
|
| Senate Status |
04/19/2012 - Senate passed with amendment 1. |
| House Status |
04/23/2012 - House passed. |
| Executive Status |
04/30/2012 - Sent to governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 29-26-121, relative to medical malpractice claims. |
| Position |
Oppose |
| Category |
Tort Liability |
| Sponsors |
Sen. Brian K. Kelsey / Rep. Vance Dennis |
| Description |
Provides that in a health care liability action, a medical expert is limited to testimony concerning the standard of acceptable professional practice in the local community. Testimony of the regional or national standard and why it is applicable is inadmissible. |
| Fiscal Note |
(Dated: February 12, 2012) Not significant.
|
| Senate Status |
04/11/2012 - Taken off notice in Senate Judiciary. |
| House Status |
04/04/2012 - Taken off notice in House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 29-26-115, relative to expert testimony. |
| Position |
Oppose |
| Category |
Tort Liability |
| Sponsors |
Sen. Mark S. Norris / Rep. Gerald McCormick |
| Description |
Provides that the damages that may be awarded in a health care liability action in which liability is admitted or established are subject to the "Tennessee Civil Justice Reform Act of 2011." |
| Amendment |
House amendment 1 (01465071) rewrites the bill. Deletes all references to "medical malpractice" and replaces them with "health care liability". |
| Senate Status |
04/09/2012 - Senate passed. |
| House Status |
04/04/2012 - House passed with amendment 1. |
| Executive Status |
04/26/2012 - Enacted as Public Chapter 0798 effective April 23, 2012. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 7-57-502; Section 8-42-101; Section 8-21-401; Section 9-8-307; Section 10-7-504; Section 28-3- 104; Section 29-26-118; Section 29-26-119; Section 29-26-120; Section 29-26-121; Section 29-26-122; Section 29-26-202; Section 29-20-310; Section 29-26-115; Section 29-26-116; Section 29-26-117; Section 37-5-314; Section 56-3-111; Section 56-30-115; Section 56-31-114; Section 56-32-110; Section 56-32-130; Section 56-54-101; Section 56-54-102; Section 56-54-103; Section 56-54-104; Section 56-54-105; Section 56-54-106; Section 56-7-1001; Section 56-7-101; Section 56- 7-115; Section 56-8-104; Section 56-13-104; Section 56-19-125; Section 56-2-201; Section 56- 27-115; Section 61-1-306; Section 62-3-121; Section 63-25-110; Section 63-27-112; Section 63-3-119; Section 63-30-111; Section 63-31-109; Section 63-4-114; Section 63-5-124; Section 63- 51-105; Section 63-51-111; Section 63-51-117; Section 63-6-214; Section 63-6-219; Section 63-6- 221; Section 63-6-234; Section 63-8-120; Section 63-9-111; Section 63-9-117; Section 63-11-215; Section 63-12-124; Section 63-13-209; Section 63-23-108; Section 68-140-311; Section 68-140- 511 and Section 68-11-223, relative to Tennessee Civil Justice Act of 2011. |
| Category |
Tort Liability |
| Sponsors |
Sen. Mike Bell / Rep. Jeremy Faison |
| Description |
Provides immunity from civil liability to persons who operate whitewater rafting operations for an injury to or the death of a participant resulting from the inherent risks of whitewater activities, such as water, rocks, cold and negligence on the part of the participant. In addition, this bill prohibits any person who participates in whitewater activity or any such participant's representative from making any claim against, maintaining an action against, or recovering from a whitewater professional, or any other participant for injury, loss, damages, or death of the participant resulting from any of the inherent risks of whitewater activities. Requires persons who operate whitewater rafting operations to post and maintain warning signs concerning the limitation of liability that this bill provides to operators or give the warning in writing to participants. In addition, the warning must be included in all whitewater rafting service contracts made between operators and participants. |
| Amendment |
House amendment 1 (01511171) deletes subdivision (3) of the amendatory language in Section 1 and replaces it with the language "(3) Commits an act or omission that constitutes gross negligence or willful or wanton disregard for the safety of the participant, and the act or omission caused the injury; or". |
| Fiscal Note |
(Dated: February 4, 2012) Not significant.
|
| Senate Status |
04/16/2012 - Senate concurred in House amendment 1. |
| House Status |
04/09/2012 - House passed with amendment 1. |
| Executive Status |
04/19/2012 - Sent to governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 70, relative to limiting the liability of persons engaging in whitewater activities. |
Transportation Vehicles - 13
| Category |
Transportation Vehicles |
| Sponsors |
Sen. Mark S. Norris / Rep. Gerald McCormick |
| Description |
Changes present law by requiring that accident reports submitted by law enforcement to the department of safety must be submitted in electronic, rather than written, format. An accident report submitted by a driver of a vehicle involved in an accident will be submitted in a manner approved by the department. This bill replaces the present law requirement that the department of safety develop and provide accident report forms with a requirement that the department advise suitable persons on the method of submitting accident reports. Authorizes payment of the $4.00 accident report fee to be paid by means in addition to cash or check. (Part of Administration Package 2012) |
| Fiscal Note |
(Dated: January 16, 2012) Not significant.
|
| Senate Status |
02/13/2012 - Senate passed. |
| House Status |
02/13/2012 - House passed. |
| Executive Status |
03/02/2012 - Enacted as Public Chapter 0531 effective January 1, 2015. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 55, Chapter 10, relative to motor vehicle accident reports. |
| Category |
Transportation Vehicles |
| Sponsors |
Sen. Mark S. Norris / Rep. Gerald McCormick |
| Description |
Under current law, any applicant applying for a driver license, instruction permit, intermediate driver license or photo identification license, upon initial issuance or reinstatement, must provide either an original or certified copy of either documentation that the applicant is a U.S. citizen or documentation issued by the U.S. government establishing that the applicant is a lawful permanent resident. This bill specifies that any applicant applying for reinstatement of his or her driver's license on or after July 1, 2012, for which the department of safety already has such documents, would be deemed in compliance with the above requirement, unless otherwise required by law. (Part of Administration Package 2012) |
| Fiscal Note |
(Dated: January 14, 2012) Not significant.
|
| Senate Status |
02/27/2012 - Senate passed. |
| House Status |
02/23/2012 - House passed. |
| Executive Status |
03/14/2012 - Enacted as Public Chapter 0542 effective March 8, 2012. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 55-50-321(c), relative to reinstatement of driver license. |
| Category |
Transportation Vehicles |
| Sponsors |
Sen. Bo Watson / Rep. Vince Dean |
| Description |
Prohibits issuance or renewal of title or registration unless insurance coverage is electronically verified. Allows law enforcement and county clerks to electronically verify insurance status of any vehicle. Provides that a valid insurance coverage indicator on the vehicle's electronic record shall be acceptable evidence of insurance in lieu of an officer requesting other types of evidence. |
| Amendment |
HOUSE COMMERCE AMENDMENT 1 (01584168) rewrites the bill. Directs the commissioner of safety, in consultation with the commissioner of revenue, to conduct a formal study assessing the manner and method to implement electronic verification of insurance status of a vehicle. Directs the department of safety to report findings to the commerce committees of the senate and the house by February 1, 2013. SENATE AMENDMENT 1 (01470576) rewrites the bill. Directs the commissioner of safety, in consultation with the commissioner of revenue, to conduct a formal study assessing the manner and method to implement electronic verification of insurance status of a vehicle. Directs the department of safety to report findings to the commerce committees of the senate and the house by February 1, 2013. |
| Fiscal Note |
(Dated: March 8, 2012) Decrease state revenue - net impact - $2,981,200/FY12-13. $5,962,300/FY13-14 and subsequent years. Increase state expenditures - Exceeds $3,384,500/FY12-13. Exceeds $2,354,200/FY13-14 and subsequent years. Decrease local revenue - net impact - $9,758,200/FY12-13. $19,516,300/FY13-14 and subsequent years. Increase local expenditures - Exceeds $100,000/FY12-13. Exceeds $200,000/FY13-14 and subsequent years.
|
| Senate Status |
04/25/2012 - Senate passed with amendment 1. |
| House Status |
04/17/2012 - Taken off notice in House General Subcommittee of Finance. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 55, Chapter 12; Title 55, Chapter 3; Title 55, Chapter 4 and Title 56, relative to verification of financial responsibility of motor vehicles. |
| Category |
Transportation Vehicles |
| Sponsors |
Sen. Randy McNally / Rep. Julia Hurley |
| Description |
Requires a person with two or more DUI convictions, after January 1, 2013, to maintain twice the amount of liability insurance, deposit of cash, or bond filed with the commissioner of safety in order to comply with financial responsibility laws. or bond filed with the commissioner of safety in order to comply with financial responsibility laws. - Amends TCA Title 55. |
| Fiscal Note |
(Dated: January 12, 2012) Not significant.
|
| Senate Status |
01/19/2012 - Referred to Senate Commerce, Labor & Agriculture. |
| House Status |
03/21/2012 - Failed in House General Subcommittee of Commerce. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 55, relative to proof of financial responsibility. |
| Category |
Transportation Vehicles |
| Sponsors |
Sen. Mae Beavers / Rep. Mark Pody |
| Description |
Requires that all written and oral examinations administered by the department of safety for issuance of driver licenses, intermediate driver licenses, temporary driver licenses and temporary intermediate driver licenses be in English only. |
| Fiscal Note |
(Dated: February 15, 2012) Not significant.
|
| Senate Status |
01/23/2012 - Referred to Senate Transportation & Safety Committee. |
| House Status |
03/27/2012 - Taken off notice in House General Subcommittee of Transportation. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 55, Chapter 50, Part 3, relative to the issuance of driver licenses. |
| Category |
Transportation Vehicles |
| Sponsors |
Sen. Steve Southerland / Rep. David B. Hawk |
| Description |
Prohibits the disclosure of records or information regarding traffic citations from red-light cameras to consumer reporting agencies. Also prohibits such information from being identified in credit reports. |
| Fiscal Note |
(Dated: February 7, 2012) Decrease Local Revenue - Exceeds $5,800. Decrease local expenditures - Exceeds $5,800.
|
| Senate Status |
02/27/2012 - Senate passed. |
| House Status |
03/28/2012 - House passed. |
| Executive Status |
04/13/2012 - Enacted as Public Chapter 0709 effective April 11, 2012. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 55-8-198, relative to the disclosure of citations based on traffic surveillance cameras. |
| Category |
Transportation Vehicles |
| Sponsors |
Sen. Jim Tracy / Rep. Phillip Johnson |
| Description |
Requires any law enforcement agency that impounds a motor vehicle due to the manufacture of methamphetamine on or within it to notify, within 30 days of impoundment, the last known registered owner and all lienholders that the vehicle has been impounded. Specifies information the notice must contain. |
| Fiscal Note |
(Dated: February 14, 2012) Increase local expenditures - $6,100.
|
| Senate Status |
01/26/2012 - Referred to Senate Judiciary. |
| House Status |
02/01/2012 - Referred to House General Subcommittee of Judiciary. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 55, Chapter 3, Part 2, relative to notification of the impoundment of methamphetamine vehicles. |
| Category |
Transportation Vehicles |
| Sponsors |
Sen. Doug Overbey / Rep. Tony Shipley |
| Description |
Requires judges, if granting a restricted license after a violation of implied consent, to equip the person's car with a functioning ignition interlock that will remain on the vehicle during the entire period of restricted license. |
| Amendment |
HOUSE AMENDMENT 1 (01313071)allows instead of requires the judge to order the use of an ignition interlock device. The order may be with or without geographical restrictions, but if ordered must remain on the vehicle during the entire period of the restricted license. HOUSE AMENDMENT 2 (01396971) rewrites the bill to authorize the judge to order the use of an ignition interlock device for any person granted a restricted driver license. The order may be with or without geographical restrictions, but if the device is ordered, then it must remain on the vehicle during the entire period of the restricted license. No state funds may be expended to provide a person with such an ignition interlock device. SENATE AMENDMENT 2 (01670477) makes a technical correction, clarifying that amendment 1 is adding a new subdivision 3 to Tennessee Code. |
| Fiscal Note |
(Dated: February 9, 2012) Increase state revenue - $21,400/General Fund. Increase state expenditures - $160,000/Interlock Assistance Fund. Increase local revenue - $9,000.
|
| Senate Status |
04/27/2012 - Senate passed with amendment 2 (01670477), which makes a technical correction, clarifying that amendment 1 is adding a new subdivision 3 to Tennessee Code. |
| House Status |
04/30/2012 - House concurred in Senate amendment 2. |
| Executive Status |
04/30/2012 - Sent to the speakers for signatures. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 55, Chapter 10, Part 4, relative to implied consent violations. |
| Category |
Transportation Vehicles |
| Sponsors |
Sen. Doug Overbey / Rep. Tony Shipley |
| Description |
Clarifies that a person may be compelled to submit to an alcohol test if they have been involved in a wreck resulting in injury or death, has a court order, or a search warrant. |
| Fiscal Note |
(Dated: February 11, 2012) Not significant.
|
| Senate Status |
04/18/2012 - Senate passed. |
| House Status |
04/05/2012 - House passed. |
| Executive Status |
04/27/2012 - Sent to governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 55, Chapter 10, Part 4, relative to driving under the influence and implied consent to be tested for intoxicants. |
| Category |
Transportation Vehicles |
| Sponsors |
Sen. Doug Overbey / Rep. Tony Shipley |
| Description |
Expands the list of substances that do not constitute a defense in cases of DUI, even if the driver is entitled to use them, from narcotic and barbital drugs to any intoxicant, marijuana, controlled substance, drug or substance affecting the central nervous system. |
| Fiscal Note |
(Dated: February 1, 2012) Not significant.
|
| Senate Status |
04/18/2012 - Senate passed. |
| House Status |
04/05/2012 - House passed. |
| Executive Status |
04/27/2012 - Sent to governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 55, Chapter 10, Part 4, relative to driving under the influence of an intoxicant. |
| Category |
Transportation Vehicles |
| Sponsors |
Sen. Brian K. Kelsey / Rep. Linda Elam |
| Description |
Requires that car dealerships not be held vicariously liable when loaning a vehicle to a customer with proof of insurance, except in the case of gross negligence. |
| Amendment |
Senate amendment 1 (00850996) removes the gross negligence exception from this bill in order to clarify that this bill does not provide immunity from negligent entrustment. |
| Fiscal Note |
(Dated: February 24, 2012) Not significant.
|
| Senate Status |
04/18/2012 - Senate passed with amendment 1. |
| House Status |
04/19/2012 - House concurred in Senate amendment 1. |
| Executive Status |
04/27/2012 - Sent to governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 55, relative to loaner vehicles. |
| Category |
Transportation Vehicles |
| Sponsors |
Sen. Joe M. Haynes / Rep. Brenda Gilmore |
| Description |
Deletes the June 30, 2012 repeal date for the reduced payment option available to persons in Davidson County whose licenses have been suspended for certain driving offenses and who have outstanding fines and costs. |
| Fiscal Note |
(Dated: February 24, 2012) Decrease local revenue - exceeds $100,000.
|
| Senate Status |
01/30/2012 - Referred to Senate Transportation & Safety. |
| House Status |
03/27/2012 - House General Subcommittee of Transportation deferred to 07/05/12. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 55-50-502, relative to driver license recovery for certain persons with suspended driver licenses. |
| Category |
Transportation Vehicles |
| Sponsors |
Sen. Bill Ketron / Rep. Charles Curtiss |
| Description |
Prohibits a person or business enterprise from contracting or engaging in the repossession or attempted repossession of any motor vehicle when such person or business does not maintain a policy of liability insurance having coverage limits in the amount of $1,000,000 or more. Specifies that a violation is a Class A misdemeanor. |
| Amendment |
House Commerce amendment 1 (01578376) rewrites the bill. Requires the commissioner of commerce and insurance (TDCI) to regulate repossession businesses. Requires business entities engaged in the repossession business to be chartered by TDCI prior to conducting a repossession for a third party. Requires individuals who act as agents of the chartered entity to register TDCI. Authorizes the commissioner to promulgate rules to enforce the requirements of the bill, and to deny, suspend, or revoke a charter or registration. Creates a Class A misdemeanor, punishable by fine only, for committing specified violations when engaged in the repossession business. Authorizes TDCI to establish charter and registration fees. Authorizes any law enforcement agency receiving notice from a chartered entity or registrant regarding a repossession of a motor vehicle to charge the entity or registrant a fee not to exceed $10 per notice. House Commerce amendment 2, as amended, adds a new section b stating that this shall not apply to an employee or agent acting under the direct supervision of the secure party of any of the following: (1) a bank, savings and loan association, or a credit union or any subsidiary or affiliate, (2) a financial institution regulated by the Tennessee Department of Financial Institutions under Title 45, (3) a motor vehicle dealer licensed under Title 55, Chapter 17, or (4) a rental car company. Requires repossession companies to complete a certification program designated by the department. |
| Fiscal Note |
(Dated: March 2, 2012) Not significant.
|
| Senate Status |
03/27/2012 - Taken off notice in Senate Commerce, Labor & Agriculture. |
| House Status |
04/03/2012 - Failed in House Commerce, after adopting amendment 2, as amended. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 39; Title 40; Title 45; Title 54; Title 55; Title 56; Title 62 and Title 68, relative to the repossession of motor vehicles. |
Utilities - 1
| Category |
Utilities |
| Sponsors |
Sen. Mark S. Norris / Rep. Gerald McCormick |
| Description |
Changes the membership of the TRA to five part-time directors instead of four full-time directors. Sets directors' salaries at $36,000. Requires that each director of the TRA have a bachelor's degree and have either experience in one or more of the industries regulated by the TRA, executive level management experience, or experience that qualifies the director, in the judgment of the appointing authority, to efficiently and effectively administer the functions of the TRA. Sets distinct staggered terms. Requires monthly meetings that may be waived. Adds to duties of the chair. Requires governor to appoint an executive director of the authority. Outlines provisions and duties of executive director. (Part of Administration Package 2012) |
| Amendment |
HOUSE AMENDMENT 3 (01695331) requires the executive director to submit an annual report to the general assembly comparing telecommunications, electricity, natural gas, water and wastewater utility rates between Tennessee and the southeastern states. For the purpose of reporting rates in the report, the TRA must make comparisons on the basis of market choices made by consumers without regard to whether the services chosen are regulated or non-regulated services. HOUSE AMENDMENT 4 (01777303) specifies that the directors of the TRA would be deemed state employees and would be eligible for participation in group insurance for state officials and employee plans as approved by the general assembly. HOUSE AMENDMENT 7 (01778603) corrects an error in a code reference. SENATE AMENDMENT 1 (01596132) requires each director of the authority to have a minimum of a bachelor's degree and at least three years experience in a regulated utility industry, in executive level management, or in one of the following fields: economics, law, finance, accounting or engineering. Removes original bill's provision for the two jointly appointed directors whose terms commence on July 1, 2012, to be appointed and confirmed by joint resolution adopted by each house of the general assembly prior to the commencement of their terms. Requires the executive director to be appointed by joint agreement among the governor, the speaker of the senate and the speaker of the house for the initial term. Thereafter, requires the directors of the authority to appoint the executive director. Specifies that the term of the executive director is to be three years. Also, requires the executive director to have a bachelor's degree and either a minimum of five years' experience in the regulated utility industry or a minimum of five years' experience in executive level management with a preference toward experience in economics, law, finance, accounting or engineering. Clarifies that the executive director shall not be a director of the authority. Requires the governor to set the compensation of the executive director for the initial term and prohibits the compensation from exceeding the compensation established for the commissioners of the claims commission. Thereafter, requires the directors of the authority to the set the compensation of the executive director. Specifies that for purposes of setting the compensation of the existing directors who are serving unexpired terms, Section 7 shall take effect January 1, 2013. For all other purposes, this act shall take effect July 1, 2012. SENATE AMENDMENT 2 (01635895) makes technical corrections and clarifies that the $36,000 per year salary, plus the $140 per day compensation for when directors are assigned to serve on a panel lasting more than one day, is in addition to reimbursement for travel expenses. SENATE AMENDMENT 3 (01702877) adds a new section requiring TRA to submit, to the governor, the speakers of the senate and the house, and the finance committees, an annual report comparing the rates of municipal utilities, cooperatives, and utility districts providing water, gas or electricity to the rates of water, gas and electric utilities regulated by the authority. |
| Fiscal Note |
(Dated: March 12, 2012) Decrease state expenditures - net impact - $347,100/Tennessee Regulatory Authority.
|
| Senate Status |
05/01/2012 - Senate concurred in House amendments 3, 4 and 7. Non concurred in House Amendment 2. |
| House Status |
05/01/2012 - House re-passed after reconsidering their actions and withdrawing House amendment 2. |
| Executive Status |
05/01/2012 - Sent to the speakers for signatures. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 65, relative to the Tennessee Regulatory Authority. |
Workers Compensation - 7
| Category |
Workers Compensation |
| Sponsors |
Sen. Joe M. Haynes / Rep. Mike Turner |
| Description |
Exempts sole proprietors from paying certain fees assessed by the secretary of state's office in relation to workers compensation. |
| Fiscal Note |
(Dated: March 8, 2012) Decrease state revenue - $278,400/FY12-13/every two years/Employee Misclassification Education and Enforcement Fund. $1,374,800/FY13-14/every two years/Employee Misclassification Education and Enforcement Fund. Increase state expenditures - $10,100/one-time/FY12-13/Employee Misclassification Education and Enforcement Fund.
|
| Senate Status |
03/28/2012 - Failed in Senate Commerce, Labor & Agriculture. |
| House Status |
04/04/2012 - Taken off notice in House General Subcommittee of Consumer & Employee Affairs. |
| Executive Status |
03/26/2012 - Workers' Compensation Advisory Council released without comment. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 50, Chapter 6, relative to workers compensation. |
| Category |
Workers Compensation |
| Sponsors |
Sen. Bill Ketron / Rep. Mark White |
| Description |
Applies the Governmental Tort Liability Act to certain government entities for workers' compensation purposes. Excludes Knox, Davidson and Shelby counties, as well as municipalities of more than 100,000 residents. |
| Fiscal Note |
(Dated: February 23, 2012) Increase local expenditures - exceeds $10,000,000.
|
| Senate Status |
03/27/2012 - Taken off notice in Senate Commerce, Labor & Agriculture. |
| House Status |
03/28/2012 - Taken off notice in House General Subcommittee of Consumer & Employee Affairs. |
| Executive Status |
03/26/2012 - Workers' Compensation Advisory Council released without comment. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 29, Chapter 20; Title 49, Chapter 5 and Title 50, Chapter 6, relative to application of the Workers' Compensation Law to government entities and officials. |
| Category |
Workers Compensation |
| Sponsors |
Sen. Jack Johnson / Rep. Mark White |
| Description |
Extends to 14 days from 10 days the time period for the advisory council on workers' compensation to provide specified information to the general assembly. Broadly captioned. |
| Amendment |
SENATE AMENDMENT 2 (01713576) deletes all language after the enacting clause. Authorizes a physician to prescribe or refer for pain management, encompassing pharmacological, non-pharmacological, and other approaches to prevent, reduce or stop pain sensations for an employee determined to have persisting pain beyond the expected period for healing as it applies to workers' compensation law. Entitles an employee to a panel of physicians if the treating physician makes a referral for pain management. Requires the injured employee to sign a formal agreement with the physician. Authorizes the Department of Labor and Workforce Development to charge a fee for providing an appeal process for utilization of such prescription medication for pain management. |
| Fiscal Note |
(Dated: February 4, 2012) Not significant.
|
| Senate Status |
04/27/2012 - Senate passed with amendment 2 (01713576), which deletes all language after the enacting clause. Authorizes a physician to prescribe or refer for pain management, encompassing pharmacological, non-pharmacological, and other approaches to prevent, reduce or stop pain sensations for an employee determined to have persisting pain beyond the expected period for healing as it applies to workers' compensation law. Entitles an employee to a panel of physicians if the treating physician makes a referral for pain management. Requires the injured employee to sign a formal agreement with the physician. Authorizes the Department of Labor and Workforce Development to charge a fee for providing an appeal process for utilization of such prescription medication for pain management. |
| House Status |
05/01/2012 - House passed. |
| Executive Status |
05/01/2012 - Sent to the speakers for signatures. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 29; Title 50, Chapter 6 and Title 56, relative to workers' compensation. |
| Category |
Workers Compensation |
| Sponsors |
Sen. Eric Stewart / Rep. Gary Odom |
| Description |
Authorizes psychologists licensed in this state to provide impairment ratings for mental injuries in workers' compensation cases. Requires the psychologist, in providing the impairment rating, to use appropriate method that are accepted by the medical or psychological community. |
| Fiscal Note |
(Dated: February 4, 2012) Not significant.
|
| Senate Status |
02/01/2012 - Referred to Senate Commerce, Labor & Agriculture. |
| House Status |
02/01/2012 - Referred to House General Subcommittee of Consumer & Employee Affairs. |
| Executive Status |
03/12/2012 - Workers' Compensation Advisory Council deferred to next meeting. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 50, Chapter 6, relative to workers' compensation. |
| Category |
Workers Compensation |
| Sponsors |
Sen. Reginald Tate / Rep. Antonio Parkinson |
| Description |
Provides indigent workers' comp claimant with an attorney from department if employer is represented by attorney. |
| Fiscal Note |
(Dated: February 5, 2012) Increase state revenue - $474,000/General Fund. Increase state expenditures - $448,700/General Fund. $23,300/Unemployment Insurance Trust Fund.
|
| Senate Status |
02/01/2012 - Referred to Senate Commerce, Labor & Agriculture. |
| House Status |
01/31/2012 - Referred to House General Subcommittee of Consumer & Employee Affairs. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 4; Title 23 and Title 50, relative to legal representation for unemployment security claimants. |
| Category |
Workers Compensation |
| Sponsors |
Sen. James F. Kyle Jr. / Rep. Larry J. Miller |
| Description |
Increases, from 60 to 90 days, the maximum time period allowed for the department of labor and workforce development to schedule a show cause hearing for an employer who has failed to secure compensation for workers' compensation insurance. |
| Fiscal Note |
(Dated: February 4, 2012) Not significant.
|
| Senate Status |
03/28/2012 - Taken off notice in Senate Commerce, Labor & Agriculture. |
| House Status |
03/28/2012 - Taken off notice in House General Subcommittee of Consumer & Employee Affairs. |
| Executive Status |
03/12/2012 - Workers' Compensation Advisory Council deferred to next meeting. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 4, Chapter 3, Part 14 and Title 50, Chapter 6, Part 4, relative to the department of labor and workforce development. |
| Category |
Workers Compensation |
| Sponsors |
Rep. Antonio Parkinson |
| Description |
Requires the commissioner of labor and workforce development to appoint a department attorney to any indigent claimant in an unemployment benefit appeal upon request when an employer is represented by counsel at appeal. Provides that the employer will pay the costs of a claimant's legal representation if the claimant prevails, otherwise cost comes from the department's existing resources. Broadly captioned. |
| Fiscal Note |
(Dated: January 14, 2012) Increase state revenue - $88,500/General Fund. Increase state expenditures - $448,700/General Fund. $23,300/Unemployment Insurance Trust Fund.
|
| Senate Status |
None |
| House Status |
02/09/2012 - Withdrawn in House. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 4; Title 23 and Title 50, relative to legal representation for unemployment security claimants. |
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