Watch List

Bills of interest to the Tennessee legal community


(Updated March 25, 2015)


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


SB852 / HB1309 Articles of incorporation of cooperative marketing associations.
CategoryAgriculture
SponsorsSen. Doug Overbey / Rep. Art Swann
DescriptionPermits articles of incorporation of cooperative marketing associations to be amended under certain procedures to allow for a conversion to a general nonprofit corporation.
Senate Status03/09/2015 - Senate passed.
House Status03/18/2015 - House Business & Utilities Committee recommended. Sent to House Calendar & Rules.

Animals & Animal Husbandry - 1


SB1330 / HB1364 Study - best practices for conducting livestock examinations.
CategoryAnimals & Animal Husbandry
SponsorsSen. Randy McNally / Rep. Kent Calfee
DescriptionDirects the department of agriculture to conduct a study on best practices for conducting livestock examinations related to suspected animal cruelty violations.
Senate Status03/19/2015 - Set for Senate Energy, Agriculture & Natural Resources Committee- Final Calendar 03/25/15.
House Status03/24/2015 - Taken off notice in House Criminal Justice Subcommittee.

Banking & Credit - 4


SB93 / HB82 Commissioner's authority relative to Flexible Credit Act.
CategoryBanking & Credit
SponsorsSen. Mark S. Norris / Rep. Gerald McCormick
DescriptionRemoves commissioner of financial institutions' authority to use a multi-state automated licensing system for gathering information as authorized by the Flexible Credit Act. Part of Administration Package.
AmendmentHouse Insurance & Banking amendment 1 (004172) requires a licensee, in connection to an application for license for renewal, to consent to a criminal background check and provide fingerprints at the commissioners discretion
Senate Status03/24/2015 - Senate Commerce & Labor Committee deferred to 03/30/15.
House Status03/24/2015 - Referred to House Finance Subcommittee.
SB383 / HB518 Annual analysis and recapitulation of title pledges.
CategoryBanking & Credit
SponsorsSen. Steve Southerland / Rep. Michael Harrison
DescriptionRequires the commissioner of the department of financial institutions to prepare an annual analysis and recapitulation of title pledges, rather than a biennial analysis and recapitulation. Broadly captioned.
Senate Status02/11/2015 - Referred to Senate Commerce & Labor Committee.
House Status02/12/2015 - Referred to House Insurance & Banking Subcommittee.
SB496 / HB317 Interest rate for short-term lending transaction.
CategoryBanking & Credit
SponsorsSen. Sara Kyle / Rep. Darren Jernigan
DescriptionProhibits short-term lenders from assessing an interest rate, for any short-term lending transaction, that exceeds 28 percent per year. Defines "short-term lending transaction." Authorizes the commissioner to promulgate rules with respect to appropriate civil penalties.
Senate Status02/12/2015 - Referred to Senate Commerce & Labor Committee.
House Status03/19/2015 - Set for House Insurance & Banking Subcommittee 03/25/15.
SB911 / HB1172 Information printed on payment processors' contract with merchants.
CategoryBanking & Credit
SponsorsSen. Jack Johnson / Rep. Eddie Smith
DescriptionRequires that any payment processor, that contracts with a merchant to supply a device that enables credit card, debit card, or other payment card processing, ensure that the written contract between the payment processor and the merchant provide certain cost and time period information clearly and conspicuously within the written contract.
Senate Status03/24/2015 - Senate Commerce & Labor Committee deferred to 03/30/15.
House Status03/19/2015 - Set for House Insurance & Banking Subcommittee 03/25/15.

Campaigns & Lobbying - 11


SB141 / HB495 Lobbyists - contacting a legislator during session or committee.
CategoryCampaigns & Lobbying
SponsorsSen. Reginald Tate / Rep. Karen D. Camper
DescriptionProhibits a lobbyist or any employee or employer of a lobbyist from knowingly sending a text message or placing a telephone call to an official of the legislative branch while the official is participating in a legislative committee meeting or floor session, except in response to a prior request by the official.
Senate Status03/24/2015 - Set for Senate State & Local Government Committee 03/26/15.
House Status03/19/2015 - Set for House State Government Subcommittee 03/25/15.
SB183 / HB158 Little Hatch Act - public school employees.
CategoryCampaigns & Lobbying
SponsorsSen. Joey Hensley / Rep. Glen Casada
DescriptionMakes the "Little Hatch Act" applicable to teachers. Defines "teacher" as any person employed in a public school system as a teacher, helping teacher, teacher's aide, librarian, principal, supervisor, director of schools, or member of the administrative staff. Prohibits a teacher from displaying campaign literature, banners, stickers or other political advertising on the premises of any building or land owned by an LEA.
AmendmentHouse Education Administration and Planning Committee amendment 1 (004276) provides that the restrictions against campaigning do not apply to a teacher during hours in which the teacher is not performing school duties. Extends the restriction to prohibit campaigning for a candidate for partisan or nonpartisan public office, instead of only for a candidate for political office. Clarifies that that the bill is aimed solely at prohibiting teacher campaigning while performing school duties, whereas the provisions of the Little Hatch Act as applied to other state employees extend to certain other activities.
Senate Status03/25/2015 - Senate Education Committee deferred to 04/01/15.
House Status03/17/2015 - House Education Administration and Planning Committee recommended with amendment 1 (004276). Sent to House Calendar & Rules.
SB654 / HB852 Paying past due child support not needed to regain voting right.
CategoryCampaigns & Lobbying
SponsorsSen. Sara Kyle / Rep. Johnnie Turner
DescriptionRemoves requirement that a person must pay outstanding child support obligations that accumulated during any period of incarceration to have right of suffrage restored.
Senate Status02/18/2015 - Referred to Senate Judiciary Committee.
House Status03/19/2015 - Set for House Local Government Subcommittee- Final Calendar 03/25/15.
SB674 / HB701 Accepting digital currency as a campaign contribution.
CategoryCampaigns & Lobbying
SponsorsSen. Steven Dickerson / Rep. Jeremy Faison
DescriptionAllows a candidate or political campaign committee to accept digital currency as a contribution. Requires that any increase in the value of digital currency being held by a candidate or political campaign committee be reported as interest on any statement. Requires the candidate or political campaign committee to sell any digital currency and deposit the proceeds from those sales into a campaign account before spending the funds.
Senate Status03/24/2015 - Senate State & Local Government Committee recommended. Sent to Senate Calendar Committee.
House Status03/24/2015 - House Local Government Committee recommended. Sent to House Calendar & Rules Committee.
SB687 / HB707 Prohibits lobbyist from making a campaign contribution to judge.
CategoryCampaigns & Lobbying
SponsorsSen. Ken Yager / Rep. Jon Lundberg
DescriptionProhibits lobbyist from making a campaign contribution to judge or a judicial candidate.
Senate Status03/24/2015 - Senate State & Local Government Committee deferred to 03/31/15.
House Status03/25/2015 - House State Government Subcommittee recommended. Sent to House State Government Committee.
SB969 / HB1139 Disclosure of certain gifts beginning with reports and statements.
CategoryCampaigns & Lobbying
SponsorsSen. Brian K. Kelsey / Rep. Susan Lynn
DescriptionRequires disclosure of certain gifts to state employees, members of the general assembly, or members of the governor's executive staff, including those governor's staff members' spouses. Requires disclosure of any single gift or combination of gifts, defined as any payment, honorarium, subscription, loan, advance, forbearance, rendering, or deposit of money or services exceeding $10,000 from the same person received during the prior calendar year.
Senate Status02/19/2015 - Referred to Senate State & Local Government Committee.
House Status03/19/2015 - Set for House Local Government Subcommittee- Final Calendar 03/25/15.
SB970 / HB1138 Electioneering communication defined.
CategoryCampaigns & Lobbying
SponsorsSen. Brian K. Kelsey / Rep. Susan Lynn
DescriptionRequires a person making disbursement for electioneering communication to electronically file the report with the registry of election finance within 24 hours. Specifies "electioneering communication" and details what contents the report must contain.
Senate Status02/19/2015 - Referred to Senate State & Local Government Committee.
House Status02/24/2015 - Referred to House Local Government Subcommittee.
SB1117 / HB902 Accepting candidate's campaign contributions.
CategoryCampaigns & Lobbying
SponsorsSen. Jeff Yarbro / Rep. John Ray Clemmons
DescriptionProhibits a candidate for any state or local public office from accepting in the aggregate more than 50 percent of the candidate's total contributions from multicandidate political campaign committees.
Senate Status03/24/2015 - Failed in Senate State & Local Government Committee.
House Status03/19/2015 - Set for House Local Government Subcommittee- Final Calendar 03/25/15.
SB1219 / HB681 Requires summary of constitutional amendment on ballot.
CategoryCampaigns & Lobbying
SponsorsSen. Mike Bell / Rep. James (Micah) Van Huss
DescriptionRequires a summary of a constitutional amendment to precede the question on the ballot. Requires the summary to be in a clear and coherent manner using words with common everyday meanings. Prohibits the summary from exceeding 200 words in length and shall be written by the attorney general and reporter.
Senate Status03/24/2015 - Set for Senate State & Local Government Committee 03/26/15.
House Status03/24/2015 - House State Government Committee deferred to 03/31/15.
SB1262 / HB1057 Establishes a five-member congressional redistricting commission.
CategoryCampaigns & Lobbying
SponsorsSen. Jeff Yarbro / Rep. Jason Powell
DescriptionEstablishes a five-member congressional redistricting commission to accomplish redistricting for the house of representatives in congress after each enumeration and appointment of representation beginning in January 2021. Prohibits the changing of districts between appointments. Permits each legislative leader of the 2 largest political parties in each house of the legislature to appoint 1 voting member to the commission. Requires appointments to the commission to be made every ten years. Specifies eligibility to serve on the commission. Allows the commission to consult experts and consultants in order to carry out its duties. Permits the general assembly to appropriate funds to enable the commission to carry out its duties. Prohibits members of the committee to receive compensation or to actively participate or contribute to any political campaign of any candidate for federal office while members are a part of the commission. Requires a quorum of 3 members to perform any official business. Requires the commission to develop a redistricting plan. Requires, after creation, for the plan to be passed into law in order to be enacted. Requires the commission to cease to exist after the date of the first regularly scheduled general election for federal office.
Senate Status02/19/2015 - Referred to Senate Government Operations Committee.
House Status03/25/2015 - House State Government Subcommittee deferred to first calendar of 2016.
SJR95 Constitutional amendment - independent redistricting commission.
CategoryCampaigns & Lobbying
SponsorsSen. Jeff Yarbro
DescriptionCalls for a constitutional amendment that establishes independent redistricting commission for senatorial and representative districts.
Senate Status03/24/2015 - Senate Judiciary Committee deferred to 03/31/15.
House StatusNone

Commercial Law - 13


SB144 / HB620 Merger voting and payment of claims by dissolved corporation.
CategoryCommercial Law
SponsorsSen. Jack Johnson / Rep. Andrew Farmer
DescriptionSpecifies information required in written notice to voting shareholders regarding actions taken by non-unanimous written consent. Revises time for shareholder dissenting to merger to give notice of withdrawal. Revises when mergers require separate voting by voting groups for for-profit and non-profit organizations. Clarifies definition of fair value regarding value given for dissenter's shares. Requires director of dissolved corporation to make reasonable arrangements for the payment of claims and distribution of assets to shareholders. Defines "sign" and "signature" to include electronic sounds, symbols, or processes used with present intent to authenticate or adopt a document. Broadly Captioned.
Senate Status03/02/2015 - Senate passed.
House Status03/23/2015 - House passed.
Executive Status03/23/2015 - Sent to the speakers for signatures.
SB290 / HB184 Tennessee Truth in Caller ID Act.
CategoryCommercial Law
SponsorsSen. Jim Tracy / Rep. Art Swann
DescriptionCreates an offense for a person, in connection with a telecommunications service or an interconnected VoIP service, to knowingly cause any caller ID service to transmit misleading or inaccurate caller ID information to a subscriber with the intent to defraud or cause harm to another person or to wrongfully obtain anything of value. Specifies that a first violation is a Class B misdemeanor and a second or subsequent violation is a Class A misdemeanor. Clarifies that this section does not apply to authorized law enforcement activity or any lawfully authorized investigative or intelligence activity of the United States, this state or another state.
Senate Status02/11/2015 - Referred to Senate Commerce & Labor Committee.
House Status02/11/2015 - Referred to House Business & Utilities Subcommittee.
SB578 / HB298 Priority of purchase-money security interests.
CategoryCommercial Law
SponsorsSen. Doug Overbey / Rep. Jim Coley
DescriptionIncreases from 30 days to 60 days the period in which a purchase-money security interest in goods, other than inventory or livestock, must be perfected in order to maintain its priority over conflicting security interests in the same goods.
Senate Status02/12/2015 - Referred to Senate Commerce & Labor Committee.
House Status02/11/2015 - Referred to House Insurance & Banking Subcommittee.
SB625 / HB272 Limits inspection of records to certain shareholders.
CategoryCommercial Law
SponsorsSen. Paul Bailey / Rep. Tilman Goins
DescriptionRequires person seeking to inspect the records of a corporation to be a shareholder for at least six months prior to demand to inspect, hold at least five percent of all outstanding shares, and get written authorization for holders of at least five percent of all outstanding shares to make demand. Specifies that new requirements do not apply where existing corporation's charter conflicts. Broadly captioned.
Senate Status02/18/2015 - Referred to Senate Commerce & Labor Committee.
House Status03/03/2015 - Taken off notice in House Business & Utilities Subcommittee.
SB626 / HB271 Requirements to inspect or copy record of shareholders.
CategoryCommercial Law
SponsorsSen. Paul Bailey / Rep. Tilman Goins
DescriptionAllows corporations to require a sworn affidavit from a shareholder who seeks to inspect or copy the record of shareholders. Excludes the affidavit requirement from shareholders of corporations with existing charters unless a charter amendment is filed to remove the inconsistency.
Senate Status02/18/2015 - Referred to Senate Commerce & Labor Committee.
House Status03/03/2015 - Taken off notice in House Business & Utilities Subcommittee.
SB627 / HB394 Listing a business entity's registered business address.
CategoryCommercial Law
SponsorsSen. Paul Bailey / Rep. Tilman Goins
DescriptionAllows a business entity to list an address as its registered address even if the registered address is not a place of business for the business entity.
Senate Status02/18/2015 - Referred to Senate Commerce & Labor Committee.
House Status02/11/2015 - Referred to House Business & Utilities Subcommittee.
SB760 / HB586 Approval of transfer of structured settlement payment rights.
CategoryCommercial Law
SponsorsSen. Reginald Tate / Rep. Jim Coley
DescriptionRequires an application for approval of a transfer of structured settlement payments rights to be made by the transferee. Permits application to be brought in the county in which the payee resides, where the obligor or annuity insurer has its principal place of business, or in the court or before the administrative authority that approved the structured settlement agreement.
Senate Status02/18/2015 - Referred to Senate Commerce & Labor Committee.
House Status02/18/2015 - Referred to House Consumer & Human Resources Subcommittee.
SB919 / HB1140 Incorporating a trademark in a URL.
CategoryCommercial Law
SponsorsSen. Jack Johnson / Rep. Susan Lynn
DescriptionMakes it a violation to incorporate a registered trademark into any uniform resource locator (URL) in a manner that violates federal trademark law. Clarifies it is not a violation to incorporate a registered trademark in the post-domain path of a URL.
Senate Status02/19/2015 - Referred to Senate Commerce & Labor Committee.
House Status03/19/2015 - Set for House Consumer & Human Resources Subcommittee 03/25/15.
SB951 / HB930 Effective date of notice mailed through United States mail.
CategoryCommercial Law
SponsorsSen. Jeff Yarbro / Rep. John Ray Clemmons
DescriptionEstablishes that for the purpose of nonprofit corporations, notice and other communications are effective seven days, rather than five days, after being mailed by United States postage if it was correctly addressed and the postage was prepaid. Broadly captioned.
Senate Status02/19/2015 - Referred to Senate Commerce & Labor Committee.
House Status02/24/2015 - Referred to House Business & Utilities Subcommittee.
SB972 / HB767 Enacts the "For-Profit Benefit Corporation Act."
CategoryCommercial Law
SponsorsSen. Steven Dickerson / Rep. Jason Powell
DescriptionEnacts the "For-Profit Benefit Corporation Act." Requires a for-profit benefit corporation to identify at least one specific public benefit in order to maintain its status. Requires for-profit benefit corporations to consider certain interests, meet certain criteria, and perform certain obligations. Permits for-profit benefit corporations to terminate their status as a for-profit benefit corporation if desired and cease to be subject to this law. (18pp.)
Senate Status03/24/2015 - Senate Commerce & Labor Committee deferred to 03/31/15.
House Status03/19/2015 - Set for House Business & Utilities Committee 03/25/15.
SB1017 / HB1085 Signage for charitable donation receptacles.
CategoryCommercial Law
SponsorsSen. Steven Dickerson / Rep. Brenda Gilmore
DescriptionRequires charitable organizations that places or maintains a collection receptacle in public view for the purpose of collecting donated clothing, household items, or similar goods to display signage on all sides of each collection that specify the charitable organization's name, address, phone number, and email address, and a statement expressing the charitable purpose for which the charitable organization exists. Extends such requirement to other operators of donation receptacles. Requires written permission of owner or lease holder of property prior to placing a collection receptacle on a property. Imposes civil penalties for failure to comply with these requirements.
AmendmentSenate amendment 1 (004168) adds provision requiring persons operating collection receptacles to keep receptacles sanitary and requires them to empty the receptacle every two weeks. Adds provision for leaseholder of the property in which a receptacle is placed a process in which to legally remove the receptacle from their property. Creates civil cause of action for leaseholder or owner of the property who suffers loss of money for removing or disposing receptacles.
Senate Status03/23/2015 - Senate passed with amendment 1 (004168), which adds provision requiring persons operating collection receptacles to keep receptacles sanitary and requires them to empty the receptacle every two weeks. Adds provision for leaseholder of the property in which a receptacle is placed a process in which to legally remove the receptacle from their property. Creates civil cause of action for leaseholder or owner of the property who suffers loss of money for removing or disposing receptacles.
House Status03/19/2015 - Set for House Business & Utilities Committee 03/25/15.
SB1158 / HB776 Authorizes certain protected consumer security freezes.
CategoryCommercial Law
SponsorsSen. Becky Duncan Massey / Rep. Martin Daniel
DescriptionAuthorizes certain guardians to place a security freeze on the consumer report of a person under 18 years of age or an incapacitated person; authorizes remedies for violations of the security freeze; requires the division of consumer affairs to create a notice for the office of vital records to distribute in conjunction with certificates of birth describing the ability to utilize this type of security freeze.
Senate Status03/18/2015 - Senate Transportation & Safety Committee deferred to 3/25/15.
House Status03/19/2015 - Set for House Consumer & Human Resources Subcommittee 03/25/15.
SB1329 / HB1071 Consumer warranty rights involving express warranties.
CategoryCommercial Law
SponsorsSen. Randy McNally / Rep. Roger Kane
DescriptionRequires persons making an express warranty regarding an HVAC system to include language in the warranty that identifies the person making the warranty and language that conforms to certain federal standards. Requires warranty or product registration form to contain certain information regarding such warranty. Prohibits certain express warranties from being labeled as a warranty registration or warranty confirmation. Requires certain signed disclosures from a consumer if an electronic online warranty or product registration form is required to be filled out for the purposes of showing proof of purchase of the product or extending the warranty. Excludes certain warranties and registration cards from these requirements. Specifies that violations of this provision constitute unfair or deceptive practices. Allows civil actions for such violations. Specifies civil damages for such action. Broadly captioned.
Senate Status02/19/2015 - Referred to Senate Commerce & Labor Committee.
House Status03/11/2015 - Taken off notice in House Consumer & Human Resources Subcommittee.

Corrections - 2


SB289 / HB133 Lawsuits by inmates - venue.
CategoryCorrections
SponsorsSen. John Stevens / Rep. William G. Lamberth
DescriptionRequires that when a plaintiff inmate's action accrued while housed in a facility operated by a private corporation in contract with the state or local government, the action must be brought in the county in which the facility is located.
Senate Status03/23/2015 - Senate passed.
House Status03/10/2015 - House State Government Committee recommended. Sent to House Calendar & Rules.
SB744 / HB748 Person sentenced to county jail - reimbursement for charges.
CategoryCorrections
SponsorsSen. Reginald Tate / Rep. Karen D. Camper
DescriptionProhibits country from seeking reimbursement for expenses incurred on or after July 1, 2015 in relation to the charge for which the person was sentenced to county jail, including any period of pretrial detention. Broadly captioned.
Senate Status02/18/2015 - Referred to Senate State & Local Government Committee.
House Status03/19/2015 - Set for House Local Government Subcommittee- Final Calendar 03/25/15.

Criminal Law - 37


SB30 / HB45 Aggravated vehicular homicide - serving sentence imposed.
CategoryCriminal Law
SponsorsSen. Doug Overbey / Rep. Dale Carr
DescriptionRequires a person who commits aggravated vehicular homicide on or after July 1, 2015, to serve 85 percent of the sentence imposed before becoming eligible for release. Provides that no sentence reduction credits shall reduce below 70 percent the percentage of sentence the person must serve before becoming eligible.
AmendmentHouse Criminal Justice Committee amendment 1 (003581) requires a person who commits aggravated vehicular homicide on or after July 1, 2015, to serve 60 percent of the sentence imposed before becoming eligible for release. Provides that no sentence reduction credits shall reduce below 45 percent the percentage of sentence the person must serve before becoming eligible.
Senate Status03/24/2015 - Senate Judiciary Committee deferred to 03/31/15.
House Status03/18/2015 - House Finance Subcommittee placed behind the budget.
SB31 / HB44 Elevated offense of hit and run with a motor vehicle.
CategoryCriminal Law
SponsorsSen. Doug Overbey / Rep. Dale Carr
DescriptionEnhances the offense of hit and run with a motor vehicle from a Class A misdemeanor to a Class E felony when the driver knew or should have known that death or serious bodily injury resulted from the accident. Allows trier of fact to infer that driver failing to stop knew or should have known that the accident resulted in death or serious bodily injury if the accident involved a vulnerable user of the highway.
Senate Status03/24/2015 - Senate Judiciary Committee deferred to 03/31/15.
House Status03/25/2015 - House Finance Subcommittee placed behind the budget.
SB99 / HB88 Revising registry of abused, neglected, or misappropriated property.
CategoryCriminal Law
SponsorsSen. Mark S. Norris / Rep. Gerald McCormick
DescriptionDefines "abuse" and "neglect" as used for the registry of persons who have abused, neglected, or misappropriated the property of vulnerable individuals. Directs commissioner of health to create rules for the administration of maintaining the registry. Extends time to appeal inclusion on registry to 60 days after notification of inclusion on registry. Part of Administration Package.
Senate Status02/23/2015 - Senate passed.
House Status03/24/2015 - House Government Operations Committee recommended. Sent to House Calendar & Rules.
SB147 / HB736 Financial exploitation of an adult is a Class D felony.
CategoryCriminal Law
SponsorsSen. Thelma Harper / Rep. Harold Love Jr.
DescriptionDefines "adult," "caretaker," "exploit" and "relative" for purposes of establishing the offense of financial exploitation of an adult by a caretaker. Creates a Class D felony for financial exploitation of an adult by a caretaker. Allows a court to freeze the funds, assets or property of a defendant, who is charged with taking property valued at more than $5,000, until criminal proceedings are complete. Permits recovery via civil action for financial exploitation of an adult by a caretaker. Broadly captioned.
Senate Status03/24/2015 - Senate Judiciary Committee recommended. Sent to Senate Calendar Committee.
House Status03/25/2015 - House Criminal Justice Committee recommended. Sent to House Calendar & Rules.
SB180 / HB935 Terrorism related property is subject to forfeiture.
CategoryCriminal Law
SponsorsSen. Bill Ketron / Rep. Judd Matheny
DescriptionEstablishes that property used in the course of, intended for use in the course of, derived from, or realized through certain terrorist acts is subject to forfeiture. Provides that a person injured as a result of certain terrorist acts, and a law enforcement agency or other governmental agency that participated in the investigation, mitigation, seizure, or forfeiture process for such terrorist acts, may be entitled to costs and damages, and the property seized may be used as compensation. Provides that the allocation of proceeds in such an instance shall be paid to claimants in a specified order. Establishes that the limitations period for a claim brought under this act is five years from the date of discovery. Broadly Captioned.
AmendmentSenate amendment 1 (003849) rewrites the bill such to clarify that claims to receive proceeds from the forfeited property need to be made in the court where conviction occurs. Adds provisions, consistent with Tenn. Code Ann. § 39-11-404, relative to property exempt from forfeiture. Changes the allocation of proceeds from seized property making the victim the first to receive distribution from the proceeds. Authorizes a victim to bring a civil suit against the offender whether or not a criminal prosecution is commenced or a conviction is obtained. Clarifies that any judgment received by the victim for damages will be offset by any amount of proceeds received from the forfeited property or from any funds received from the criminal injuries compensation fund.
Senate Status03/23/2015 - Senate passed with amendment 1 (003849), which rewrites the bill such to clarify that claims to receive proceeds from the forfeited property need to be made in the court where conviction occurs. Adds provisions, consistent with Tenn. Code Ann. § 39-11-404, relative to property exempt from forfeiture.
House Status03/19/2015 - Set for House Civil Justice Subcommittee- Final Calendar 03/25/15.
SB314 / HB274 Possession of handguns in parks and recreational areas.
CategoryCriminal Law
SponsorsSen. Joey Hensley / Rep. Tilman Goins
DescriptionRemoves the authority of local governments to prohibit by resolution the possession of handguns in parks or recreational areas owned or operated by the local government. Exempts persons who are authorized to carry handguns from the offense of carrying or possessing weapons in parks and recreational areas.
Senate Status02/11/2015 - Referred to Senate Judiciary Committee.
House Status03/11/2015 - House Civil Justice Subcommittee deferred to last calendar.
SB399 / HB227 Transfer of child to adult court.
CategoryCriminal Law
SponsorsSen. Joey Hensley / Rep. Sheila Butt
DescriptionRequires judge to transfer child to adult court if, on or after July 1, 2015 the child is alleged to have engaged in conduct that authorizes transfer to adult court or a criminal gang offense, and the child has a previous adjudication of delinquency for conduct authorizing transfer to adult court or a criminal gang offense. Specifies that transfer to adult court is within judge's discretion if the conduct is a sexual offense, between two minors, with an age difference of two years or less.
Senate Status02/11/2015 - Referred to Senate Judiciary Committee.
House Status02/11/2015 - Referred to House Civil Justice Subcommittee.
SB463 / HB200 Tolling statute of limitations for civil actions.
CategoryCriminal Law
SponsorsSen. Mike Bell / Rep. William G. Lamberth
DescriptionTolls the statute of limitations for civil actions if a criminal prosecution commences from the same acts or conduct. Establishes a 10-year statute of repose for actions tolled under this act. Allows filing for up to one year after the criminal case ends.
AmendmentHouse Civil Justice Subcommittee amendment 1 (004175) rewrites the bill. Requires certain actions to be commenced within 1 year after the cause of action accrued. Establishes a 2 year maximum for a victim of a criminal act that is based on the same conduct, transaction, or occurrence giving rise to the cause of action for civil damages. Makes other technical corrections.
Senate Status02/12/2015 - Referred to Senate Judiciary Committee.
House Status03/24/2015 - House Civil Justice Committee deferred to 03/31/15.
SB509 / HB153 Unmanned aircraft surveillance of open-air venues without permission.
CategoryCriminal Law
SponsorsSen. Jack Johnson / Rep. Michael Harrison
DescriptionProhibits use of an unmanned aircraft to capture an image of an individual or event at an open-air venue that can hold more than 100 people without the permission of the venue's owner or operator. Broadly captioned.
AmendmentHouse Civil Justice Committee amendment 1 (003829) ensures scope of prohibition of unmanned aircraft capturing images is limited to only targeting individuals who intentionally capture such images and not those who unintentionally capture said images. SENATE JUDICIARY COMMITTEE AMENDMENT 1 narrows the scope of the prohibition to ticketed events with more than 100 people in attendance without permission from the owner or operator, over or near fireworks displays without permission of the owner or operator, and over correctional facilities.
Senate Status03/24/2015 - Senate Judiciary Committee recommended with amendment 1, which narrows the scope of the prohibition to ticketed events with more than 100 people in attendance without permission from the owner or operator, over or near fireworks displays without permission of the owner or operator, and over correctional facilities. Sent to Senate Calendar Committee.
House Status03/18/2015 - House Criminal Justice Committee recommended. Sent to House Calendar & Rules.
SB610 / HB41 Prohibits the waiving of the 12 hour jail period for domestic abusers.
CategoryCriminal Law
SponsorsSen. Steven Dickerson / Rep. William G. Lamberth
DescriptionRemoves provisions allowing judges or magistrates to waive the current 12-hour period during which a defendant charged with a domestic violence offense or an elder abuse offense cannot be released on bail.
AmendmentHouse Criminal Justice Committee amendment 1 (003697) preserves judicial discretion in waiving the 12 hour jail period for domestic abuses subject to certain conditions.
Senate Status02/12/2015 - Referred to Senate Judiciary Committee.
House Status03/24/2015 - Set for House Floor Regular Calendar 03/26/15.
SB628 / HB320 Handgun carry permit holders - may carry guns like law enforcement.
CategoryCriminal Law
SponsorsSen. Paul Bailey / Rep. Judd Matheny
DescriptionSpecifies that valid handgun carry permit holders have the same rights, privileges, and prohibitions regarding the carrying of firearms, as permitted by state law, of any law enforcement officer who is not engaged in the actual discharge of official duties.
Senate Status03/10/2015 - Senate Judiciary Committee deferred to last calendar.
House Status03/11/2015 - House Civil Justice Subcommittee deferred to last calendar.
SB637 / HB203 Authorizes confinement as condition of judicial diversion.
CategoryCriminal Law
SponsorsSen. Jack Johnson / Rep. Jeremy Durham
DescriptionAuthorizes court to order a qualified defendant to serve up to 11 months, 29 days in confinement as a reasonable condition of judicial diversion. Allows confinement to be served by split confinement or periodic confinement. Broadly captioned.
Senate Status02/18/2015 - Referred to Senate Judiciary Committee.
House Status03/18/2015 - House Criminal Justice Committee deferred to last calendar.
SB642 / HB623 Revoking defendant's bond not allowed in certain circumstances.
CategoryCriminal Law
SponsorsSen. Todd Gardenhire / Rep. Andrew Farmer
DescriptionDeletes provision allowing a court to revoke a defendant's bond and order the defendant held without bail pending trial if the defendant violates a condition of release, is charged with an offense committed during the defendant's release, or engages in conduct which obstructs the progress of the trial.
AmendmentSenate Judiciary Committee, House Criminal Justice Committee amendment 1 (004057) rewrites the bill to provide that a court may revoke and terminate a defendant's bond if the defendant violates a condition of release, is charged with an offense committed during the defendant's release, or engages in conduct which obstructs the progress of the trial, but a court may not order the defendant held without bail pending trial or without release during trial. Establishes that if the bond is revoked and terminated in such a case, the magistrate or judge shall conduct a new hearing to set a new bail.
Senate Status03/24/2015 - Set for Senate Floor Regular Calendar 03/26/15.
House Status03/25/2015 - House Criminal Justice Committee recommended with amendment 1 (004057). Sent to House Calendar & Rules.
SB673 / HB849 Extending defendant's probation until fees are paid.
CategoryCriminal Law
SponsorsSen. Todd Gardenhire / Rep. Patsy Hazlewood
DescriptionAuthorizes court to extend a person's period of probation supervision until all fees, fines, and costs associated with the conviction are paid, or until the judge waives or declares the costs paid.
Senate Status02/18/2015 - Referred to Senate Judiciary Committee.
House Status03/24/2015 - Failed in House Criminal Justice Subcommittee.
SB677 / HB661 Additional conditions of release or bail for certain defendants.
CategoryCriminal Law
SponsorsSen. Todd Gardenhire / Rep. Mike Carter
DescriptionProhibits person charged with abuse, neglect, or endangerment, or aggravated abuse, neglect or endangerment, of a child from being released within 12 hours of arrest if it is determined that offender is a threat to alleged victim, unless sufficient time has elapsed to protect the victim. Requires written findings to be preserved in record and attached to warrant.
AmendmentHouse Criminal Justice Committee amendment 1 (003848) deletes Section 1 of the bill which required the mandatory 12-hour hold.
Senate Status03/24/2015 - Senate Judiciary Committee deferred to 03/31/15.
House Status03/25/2015 - House Finance Subcommittee recommended. Sent to House Finance Committee.
SB709 / HB759 Use of drones for land surveying.
CategoryCriminal Law
SponsorsSen. John Stevens / Rep. Andy Holt
DescriptionSpecifies that only a duly registered land surveyor may lawfully use an unmanned aircraft for land surveying.
Senate Status02/18/2015 - Referred to Senate Judiciary Committee.
House Status03/24/2015 - Failed in House Business & Utilities Subcommittee.
SB774 / HB682 Requirements for signs prohibiting firearms in certain public areas.
CategoryCriminal Law
SponsorsSen. Mae Beavers / Rep. James (Micah) Van Huss
DescriptionRequires the notice prohibiting firearms to be in prominent locations, including all entrances primarily used by persons entering the property, building, or portion of the property or building where weapon possession is prohibited. Sets guidelines and requirements for the signs. Requires that existing signs be replaced by January 1, 2018.
Senate Status03/10/2015 - Senate Judiciary Committee deferred to 03/31/15.
House Status03/17/2015 - House Civil Justice Committee recommended. Sent to House Calendar & Rules.
SB780 / HB535 Permits carrying handgun if not prohibited by law.
CategoryCriminal Law
SponsorsSen. Mae Beavers / Rep. Rick Womick
DescriptionPermits a person who is not otherwise prohibited from possessing a firearm to possess a firearm, openly or concealed, regardless of whether the person has a handgun permit. Changes various statutes relating to firearm possession to provide consistency with regards to instituting the provisions of this act, including defenses to the previous offense of unlawful carrying of a weapon without a permit. Provides that only people convicted of dangerous felonies as defined by statute are prohibited from carrying a firearm, and such a crime shall be considered a Class E felony instead of a Class C felony. Removes references to universities and colleges in regards to the prohibition of firearms on school premises. Provides that only public schools, not both private and public schools, are required to post signs warning of the firearms prohibition on school premises. Removes provision allowing local governments to prohibit the carrying of weapons in public parks, playgrounds, civic centers, and other public recreational buildings, and alters related provisions to reflect this change. Prohibits any government entity from requiring people to register that they own or possess firearms, except for certain registries and databases. Establishes that all federal laws, ordinances, rules, or regulations relative to the rights of citizens within this state to possess firearms or relating to the authority of the state to regulate the field of firearms within this state are declared void. Prohibits the use of state or local funds to enforce any such laws or rules declared void by this act. (17 pp.)
Senate Status03/10/2015 - Senate Judiciary Committee deferred to 03/31/15.
House Status03/20/2015 - Set for House Civil Justice Subcommittee- Final Calendar 03/25/15.
SB782 / HB679 Tennessee Fourth Amendment Protection Act
CategoryCriminal Law
SponsorsSen. Mae Beavers / Rep. James (Micah) Van Huss
DescriptionCreates the "Tennessee Fourth Amendment Protection Act." Protects a person's electronic data or metadata from collection or use by a federal agency. Prohibits state government from assisting in the collection or use of data by a federal agency. Requires a person's informed consent, a search warrant or a legally recognized exception to the warrant requirements for such collection or use of a person's data.
Senate Status02/18/2015 - Referred to Senate Judiciary Committee.
House Status03/25/2015 - House Civil Justice Subcommittee deferred to 2016.
SB784 / HB684 Open Carry Firearms Freedom Act of 2015.
CategoryCriminal Law
SponsorsSen. Mae Beavers / Rep. James (Micah) Van Huss
DescriptionAuthorizes the open carry of a firearm without a permit. Removes defenses to prosecution of openly carrying an unloaded rifle, shotgun, or handgun with ammunition not in immediate vicinity, and possessing a rifle or shotgun to protect livestock from predatory animals. Authorizes a person to remove firearm from a vehicle for the limited purpose of storing it in another location in the vehicle. Broadly captioned.
Senate Status03/10/2015 - Senate Judiciary Committee deferred to 03/31/15.
House Status03/11/2015 - Failed in House Civil Justice Subcommittee.
SB785 / HB680 Requires warrant prior to accessing data on electronic device.
CategoryCriminal Law
SponsorsSen. Mae Beavers / Rep. James (Micah) Van Huss
DescriptionDefines key terms in relation to government access to stored and transmitted dates on electronic devices. Requires government entities to obtain search warrant before accessing stored or transmitted data from electronic devices except under certain circumstances. Requires user whose data was searched to be notified within three days of obtaining the data unless an order allowing delay in notification is granted by the court. Specifies what information the notification must include.
Senate Status02/18/2015 - Referred to Senate Judiciary Committee.
House Status03/25/2015 - House Civil Justice Subcommittee deferred to 2016.
SB832 / HB1160 Eliminates certain defense to criminal trespass.
CategoryCriminal Law
SponsorsSen. Ken Yager / Rep. Bob Ramsey
DescriptionProvides that the defense to prosecution for criminal trespass that the person believed entry was permitted, did not interfere with owner's use of property, and promptly left when asked, is not available for offense of criminal trespass by a person age 18 to 21 in a licensed retail package store.
Senate Status02/19/2015 - Referred to Senate State & Local Government Committee.
House Status03/19/2015 - Set for House State Government Subcommittee 03/25/15.
SB841 / HB771 Prohibits prosecution for drug crimes under certain circumstances.
CategoryCriminal Law
SponsorsSen. Ken Yager / Rep. Bill Dunn
DescriptionProhibits prosecution for drug-related crimes if the prosecution is based on evidence acquired as a result of a person obtaining emergency medical assistance for another person, or oneself, who is experiencing a drug-related overdose if the person cooperated with medical, emergency responder and law enforcement personnel. Specifies that limited immunity from prosecution does not extend to evidence acquired as a result of probable cause or reasonable suspicion based on information obtained prior to, independent of, the person obtaining emergency medical assistance.
Senate Status02/19/2015 - Referred to Senate Judiciary Committee.
House Status03/24/2015 - Taken off notice in House Criminal Justice Subcommittee.
SB881 / HB196 Fines imposed - abuse of person over 60 years old.
CategoryCriminal Law
SponsorsSen. Jeff Yarbro / Rep. Brenda Gilmore
DescriptionRequires a fine in an amount between $50 to $200 be imposed on a person convicted of abuse, neglect, or exploitation of an adult if the victim was over 60 years of age. Requires such fines be appropriated by the general assembly to fund services and programs for senior citizens.
Senate Status02/19/2015 - Referred to Senate Judiciary Committee.
House Status03/24/2015 - House Health Subcommittee deferred to 03/31/15.
SB903 / HB1314 Various changes to animal cruelty offenses.
CategoryCriminal Law
SponsorsSen. Doug Overbey / Rep. Art Swann
DescriptionRequires person convicted of animal cruelty to pay the cost of housing and any rehabilitative training needed for the animal that is the basis for the conviction. Specifies that it is a separate offense of animal cruelty and animal fighting for each animal that is a victim. Increases offense of being a spectator at a dog fight from a Class B misdemeanor to a Class A misdemeanor.
Senate Status02/19/2015 - Referred to Senate Judiciary Committee.
House Status02/24/2015 - Referred to House Criminal Justice Subcommittee.
SB926 / HB1245 Creates offense of vandalism of a retail merchant.
CategoryCriminal Law
SponsorsSen. Kerry Roberts / Rep. Andy Holt
DescriptionCreates new offense of vandalism of a retail merchant. Defines key terms and specifies the penalty for the offense.
Senate Status03/24/2015 - Senate Judiciary Committee deferred to 03/31/15.
House Status03/25/2015 - House Criminal Justice Committee recommended. Sent to House Calendar & Rules.
SB952 / HB1010 Cruelty to animals redefined.
CategoryCriminal Law
SponsorsSen. John Stevens / Rep. Pat Marsh
DescriptionSpecifies the dividing and rewriting of animal abuse provisions between livestock and nonlivestock animals, as well as revising other provisions concerning animals. Specifies a portion of the law to be known as the "Prevention of Cruelty to Livestock Act." Specifies aggravated cruelty to livestock and what constitutes and does not constitute aggravated cruelty. Establishes aggravated cruelty to livestock as a Class E felony. Broadly captioned. (10pp.)
Senate Status02/26/2015 - Withdrawn in Senate.
House Status02/18/2015 - Withdrawn in House.
SB981 / HB1239 Creates procedure for the collection of sexual assault evidence kits.
CategoryCriminal Law
SponsorsSen. Mark S. Norris / Rep. Larry J. Miller
DescriptionDefines key terms regarding the medical examination and collection of evidence from the person of a sexual assault victim. Specifies procedures for collecting evidence for sexual assault evidence kits or hold kits, and under what circumstances the resulting evidence may be submitted for testing. Directs domestic violence state coordinating council to create a model policy for responding to reports of sexual offenses and distribute it to law enforcement agencies likely to encounter reports of sexual offenses. Specifies that law enforcement agencies likely to encounter reports of sexual offenses must establish written procedures for responding to reports of sexual assault that have the same or higher standards than the model policy developed by the council.
Senate Status03/24/2015 - Senate Judiciary Committee deferred to 03/31/15.
House Status03/24/2015 - House Criminal Justice Subcommittee recommended with amendment 1 (004682). Sent to House Criminal Justice Committee.
SB1110 / HB1341 Prohibits use of public funds to enforce certain federal firearm laws.
CategoryCriminal Law
SponsorsSen. Richard Briggs / Rep. Terri Lynn Weaver
DescriptionProhibits the allocation of public funds, personnel, or property for the implementation, regulation, or enforcement of any federal law, executive order, rule, or regulation regulating the ownership, use, or possession of firearms, ammunition, or firearm accessories.
Senate Status03/10/2015 - Senate Judiciary Committee deferred to last calendar.
House Status03/25/2015 - House Civil Justice Subcommittee recommended with amendment 1 (005212). Sent to House Civil Justice Committee.
SB1233 / HB1067 Process of reciprocal disclosure of witnesses for criminal trials.
CategoryCriminal Law
SponsorsSen. Mike Bell / Rep. Darren Jernigan
DescriptionEstablishes process of reciprocal disclosure of witnesses for criminal trials that defendant may elect to invoke which mutually binds both the defendant and the district attorney general to disclose certain information. Specifies that this does not alter district attorney general's other disclosure obligations. Defines key terms and sets out procedures for reciprocal disclosure, what information is not subject to disclosure, when the court can restrict disclosure and testimony.
Senate Status02/19/2015 - Referred to Senate Judiciary Committee.
House Status02/24/2015 - Referred to House Criminal Justice Subcommittee.
SB1234 / HB853 Permits a bondsman to take certain actions without legal counsel.
CategoryCriminal Law
SponsorsSen. Mike Bell / Rep. Andrew Farmer
DescriptionPermits a professional bondsman to answer court, surrender a defendant based upon one or more of the grounds set forth in statute, obtain an extension of time, or respond to a court's request for information without obtaining legal counsel. Specifies that documents relating to the assignment of collateral should be delivered to the presiding judge of the judicial district. Sets forth procedures for a surety to deliver an investment certificate to the court to establish or increase the surety's capacity, including the specific forms the bondsman must deliver to the clerk of the court.
Senate Status02/19/2015 - Referred to Senate Judiciary Committee.
House Status03/24/2015 - House Criminal Justice Subcommittee recommended. Sent to House Criminal Justice Committee.
SB1250 Business competitor intimidation.
CategoryCriminal Law
SponsorsSen. Jack Johnson
DescriptionCreates a Class A misdemeanor punishable of a fine of not more than $1,000 for any person to use threats of inflicting bodily injury with the intent to prevent any person from engaging in any lawful occupation because the person may be a business competitor.
Senate Status02/19/2015 - Referred to Senate Judiciary Committee.
House StatusNone
SB1265 / HB583 Required state consent to waive right to preliminary hearing.
CategoryCriminal Law
SponsorsSen. Ken Yager / Rep. Jim Coley
DescriptionRequires a defendant in a criminal case to have consent of the state before waiving right to preliminary hearing. Broadly captioned.
Senate Status03/24/2015 - Senate Judiciary Committee deferred to 03/31/15.
House Status03/24/2015 - House Criminal Justice Subcommittee recommended. Sent to House Criminal Justice Committee.
SB1327 / HB1203 Certain first degree murder convictions - serve 100 percent.
CategoryCriminal Law
SponsorsSen. Randy McNally / Rep. John Ragan
DescriptionRequires a person sentenced to life imprisonment for first degree murder to serve 100 percent of the sentence imposed by the court if the court finds that the murder involved torture beyond that necessary to inflict death or it involved kidnapping the victim and the person was never charged with kidnapping. Requires court to conduct a hearing in which state must prove existence of circumstances requiring person to serve the whole sentence.
Senate Status02/19/2015 - Referred to Senate Judiciary Committee.
House Status03/25/2015 - House Criminal Justice Committee recommended. Sent to House Finance.
SB1364 / HB1317 Eliminates death penalty for first degree murder.
CategoryCriminal Law
SponsorsSen. Lee Harris / Rep. Johnnie Turner
DescriptionEliminates the use of the death penalty as a criminal sentence.
Senate Status02/19/2015 - Referred to Senate Judiciary Committee.
House Status03/24/2015 - Taken off notice in House Criminal Justice Subcommittee.
SB1372 / HB1270 Additional victims receive victims' rights.
CategoryCriminal Law
SponsorsSen. Sara Kyle / Rep. G.A. Hardaway
DescriptionAdds victims of domestic assault, violation of an order of protection or restraining order, stalking, and vandalism or false imprisonment of a domestic violence victim to those that are entitled to receive victims' rights. Broadly captioned.
Senate Status02/19/2015 - Referred to Senate Judiciary Committee.
House Status03/24/2015 - House Civil Justice Committee recommended with amendment 1 (004756). Sent to House Calendar & Rules.
SB1379 / HB1062 Class C offense for handling deadly insects that endangers people.
CategoryCriminal Law
SponsorsSen. Jeff Yarbro / Rep. Darren Jernigan
DescriptionExtends Class C misdemeanor offense for handling deadly snakes and reptiles in a manner that endangers other people to include handling deadly insects.
Senate Status02/19/2015 - Referred to Senate Judiciary Committee.
House Status02/24/2015 - Referred to House Criminal Justice Subcommittee.

Economic Development - 1


SB1010 / HB1015 "Professional services" limited for purposes of sales tax exemption.
CategoryEconomic Development
SponsorsSen. Steven Dickerson / Rep. Bill Beck
DescriptionEstablishes that the additional fee on the sales price of services sold within a certain central business improvement district, located in a tourism development zone, does not apply to sales of accounting, legal, or other professional services. Broadly Captioned.
Senate Status02/19/2015 - Referred to Senate State & Local Government Committee.
House Status02/23/2015 - Referred to House Local Government Subcommittee.

Education - 19


SB4 / HB1280 Tennessee standards commission for education.
CategoryEducation
SponsorsSen. Dolores R. Gresham / Rep. Billy Spivey
DescriptionEstablishes the Tennessee Standards Commission for the purpose of recommending curriculum standards to the state board of education (the board) for adoption. Outlines the requirements for the appointment of members, such as requiring appointments from each grand division of the state, the term limits of the members and their confirmation, which must done through joint resolution of the general assembly. Establishes the criteria that must be considered by the commission for the recommendation of standards. Provides that the proposed standards shall be posted for public review prior to being adopted by the board. As soon as practicable after the initial meeting, the commission is required to recommend changes to the English language arts and mathematics standards in use during the 2014-2015 school year, and shall strive to limit the number of high stakes assessments administered. Further provides that the commission shall make recommendations to the board regarding advanced placements (AP) courses. The board or the department of education is required to cancel any memorandum of understanding with regards to Common Core standards entered into with the National Governor's Association and the Council of Chief State School Officers.
Senate Status01/17/2015 - Referred to Senate Government Operations Committee.
House Status03/19/2015 - Set for House Education Instruction and Programs Subcommittee- Final Calendar 03/25/15.
SB10 / HB10 U.S. citizenship test requirement for high school graduation.
CategoryEducation
SponsorsSen. Mark S. Norris / Rep. Gerald McCormick
DescriptionRequires that students pass the United States citizenship and immigration services' civics test with a score of at least 60 percent in order to receive a regular high school diploma.
Senate Status03/25/2015 - Senate Education Committee deferred to 04/01/15.
House Status03/25/2015 - House Education Instruction and Programs Subcommittee recommended with amendment 1 (004792). Sent to House Education Instruction and Programs Committee.
SB27 / HB138 Individualized Education Act.
CategoryEducation
SponsorsSen. Dolores R. Gresham / Rep. Debra Moody
DescriptionEnacts the "Individualized Education Act" for eligible special needs students, whereby funds will be provided for them to be educated at nonpublic schools. Provides that a parent of an eligible student will qualify to participate in the individualized education account (IEA) program if the parent signs an agreement promising to provide an education for the qualified student in at least the subjects of reading, grammar, mathematics, social studies and science; and not to enroll the student in a public school and to release the LEA in which the student resides from all obligations to educate the student. Establishes that participation in the program will have the same effect as a parental refusal to consent to the receipt of services under the Individuals with Disabilities Education Act. Prohibits funds in an IEA to be used to purchase computer hardware or other technological devices. Establishes that any funds remaining in a student's IEA upon graduation from high school may be used to take courses from an eligible post-secondary institution. Establishes that the funds in an IEA may only be used for educational purposes. Requires participating schools, post-secondary institutions and education providers that enroll participating students to provide parents with a receipt for all qualifying expenses at the school or institution. Allows the department to deduct an amount up to a limit of three percent from appropriations used to fund IEAs to cover the costs of overseeing the funds and administering the program. Provides that participating schools shall: 1. Comply with all health and safety laws that apply to nonpublic schools; 2. Certify that they will not discriminate against students or applicants on the basis of color, race, or national origin; and 3. Conduct criminal background checks on employees and exclude any person not permitted by the state to work in a nonpublic school or who might reasonably pose a threat to the safety of students. Specifies that participating nonpublic schools and education providers will be given the maximum freedom to provide for the educational needs of their students without governmental control.
AmendmentSenate Education Committee amendment 1 (004060) creates the "Individualized Education Act". Authorizes parents or guardians of special education students to receive payments into their child's Individual Education Account (IEA) in order to enroll their child in a participating nonpublic school. The maximum amount of funding that a student may be eligible for is the amount of state and local required Basic Education Program (BEP) funding. Sets forth eligibility requirements; terminating events; and how such funding may be used. Sets forth the duties of the Department of Education (DOE) in administering the program. The DOE may collect an administrative fee equal to three percent of the total appropriations used to fund IEAs for expenditures related to administration of the program. For the purposes of enrollment, participating students shall continue to be counted in the enrollment data for their home local education agency (LEA).
Senate Status03/18/2015 - Senate Education Committee recommended with amendment 1 (004060). Sent to Senate Finance.
House Status03/24/2015 - House Education Instruction and Programs Committee deferred to 03/31/15.
SB29 / HB37 Prohibited restraints in special education services.
CategoryEducation
SponsorsSen. Joey Hensley / Rep. Bill Dunn
DescriptionProhibits the use of prone restraint on students receiving special education. Defines prone restraint as "restraint in which a student is held face down on the floor or other surface, and physical pressure is applied to the student's body for the purpose of controlling the student's movement."
Senate Status03/25/2015 - Taken off notice in Senate Education Committee.
House Status03/17/2015 - Taken off notice in House Education Administration and Planning Subcommittee.
SB56 / HB800 TN Promise scholarship for members of national guard and military.
CategoryEducation
SponsorsSen. Mark Green / Rep. Joe Pitts
DescriptionAllows students who are eligible for the Tennessee Promise scholarship, but who cannot enroll in and attend college in the fall semester after completion of high school because of certain military commitments, to enroll in and attend college in the first term beginning after completion of the student's military commitments without loss of Promise scholarship eligibility.
Senate Status02/23/2015 - Senate passed.
House Status03/18/2015 - House Finance Subcommittee placed behind the budget.
SB61 / HB60 Study committee on transition to free, online textbooks.
CategoryEducation
SponsorsSen. Mark Green / Rep. Mike Sparks
DescriptionCreates a special joint legislative study committee to evaluate and make recommendations relative to a transition from traditional textbooks for general education courses to open textbooks and course materials by the state institutions of higher education.
Senate Status03/25/2015 - Senate Education Committee deferred to 04/01/15.
House Status03/23/2015 - Set for House Education Instruction and Programs Subcommittee- Final Calendar 03/25/15.
SB122 / HB210 Tennessee Choice and Opportunity Scholarship Act.
CategoryEducation
SponsorsSen. Brian K. Kelsey / Rep. Harry Brooks
DescriptionEstablishes a scholarship program for eligible students to attend participating private K-12 schools. An "eligible student" is a student who: (1) Resides in Tennessee and is zoned to attend or enrolled in a public school that is identified as being in the bottom five percent of schools in overall achievement; (2) Meets the minimum age requirements to attend kindergarten with eligibility extending until the student graduates from high school, except that the student must be less than 22 years of age by August 15 of each year; (3) Is a member of a household whose annual income during the year prior to initial receipt of a scholarship met the requirements for free or reduced price lunch; and (4) Was previously enrolled in a Tennessee public school during the two semesters preceding the semester in which the student receives the scholarship, is enrolling in a Tennessee school for the first time, or received a scholarship pursuant to this bill in the previous school year. Specifies requirements for private schools to participate in the program, including, but not limited to, being identified as a category I, II or III school, and providing lunch to scholarship students at no cost or at a reduced cost. Details the total number of scholarships that may be awarded for each school year: (1) 5,000 for the 2015-2016; (2)7,500 for 2016-2017; (3) 10,000 for 2017-2018; and 20,000 for 2018-2019 and thereafter. If a participating school demonstrates achievement growth for scholarship students at a level of "significantly below expectations" for two consecutive years or the department determines the school has failed to comply with this bill, then the commissioner of education may suspend or terminate a school's participation in the program. Provides that if a participating school is suspended or terminated from the program, or if the school otherwise withdraws from the program, scholarship students enrolled at the school may transfer to another participating school without loss of eligibility and such students would be given preference for enrollment. Provides that a local board of education may adopt local qualifications for a scholarship. (12 pp.)
AmendmentSenate Education Committee Amendment 1 (002359) rewrites the bill to remove all reference to the authorization for LEAs to create their own local option scholarship program.
Senate Status02/11/2015 - Senate Education Committee recommended with amendment 1 (002359), which removes the local control provision. Sent to Senate Finance.
House Status02/11/2015 - Referred to House Education Administration and Planning Subcommittee.
SB182 / HB174 Director of schools - authorization to expel for criminal complaint.
CategoryEducation
SponsorsSen. Joey Hensley / Rep. Sheila Butt
DescriptionAuthorizes the director of schools to expel or remand a student to an alternative school upon the issuance of a criminal complaint charging a student with a felony or upon the issuance of a felony delinquency complaint against the student. Requires the director of schools to expel a student upon the conviction of a felony or an admission of guilt to that felony delinquency against the student, if the director determines the student's continued presence would have a substantial detrimental effect on the school. Establishes the notice, hearing, and appeal requirements for students expelled or remanded to an alternative school. Specifies that this act does not require an LEA to enroll a student who is expelled or remanded in an LEA in this state or another.
Senate Status03/25/2015 - Senate Education Committee deferred to 04/01/15.
House Status03/24/2015 - House Education Administration and Planning Subcommittee deferred to 03/31/15.
SB295 / HB168 Pre-kindergarten programs - LEAs to encourage music and art.
CategoryEducation
SponsorsSen. Dolores R. Gresham / Rep. Bill Dunn
DescriptionEncourages LEAs to incorporate music and art in their pre-kindergarten programs. Broadly Captioned.
Senate Status02/11/2015 - Referred to Senate Education Committee.
House Status02/11/2015 - Referred to House Education Instruction and Programs Subcommittee.
SB343 / HB398 Extends date of repeal - Virtual Public Schools Act.
CategoryEducation
SponsorsSen. Dolores R. Gresham / Rep. Harry Brooks
DescriptionExtends the date of the repeal of the Virtual Public Schools Act from June 30, 2015, to June 30, 2019.
Senate Status03/16/2015 - Senate passed.
House Status03/24/2015 - House Finance Committee recommended. Sent to House Calendar & Rules.
SB398 / HB266 Automatic suspension for student committing felony.
CategoryEducation
SponsorsSen. Joey Hensley / Rep. Sheila Butt
DescriptionProvides that students adjudicated delinquent for conduct or an act that would constitute a felony if committed by an adult are to be automatically suspended from school. Specifies procedure and requirements for readmission to school. Provides that student not meeting criteria for readmission to school is expelled from school for one year.
Senate Status02/11/2015 - Referred to Senate Education Committee.
House Status02/11/2015 - Referred to House Education Administration and Planning Subcommittee.
SB692 / HB781 Charter schools to contract with nonprofit and for-profit entities.
CategoryEducation
SponsorsSen. Dolores R. Gresham / Rep. Glen Casada
DescriptionPermits a charter school to contract with nonprofit or for-profit entities for the operation or management of the school subject to certain conditions.
Senate Status03/25/2015 - Senate Education Committee deferred to 04/01/15.
House Status03/19/2015 - Set for House Education Instruction and Programs Subcommittee- Final Calendar 03/25/15.
SB894 / HB1032 Teacher's written contract requirements.
CategoryEducation
SponsorsSen. Richard Briggs / Rep. Martin Daniel
DescriptionLimits the length of a teacher's obligations under a written contract with the director of schools or board of education to the term of each school year. Requires LEAs to compensate teachers in an amount equal to their daily rate of pay under the contract if the LEA requires the teacher to work between school terms, and to notify teachers by April 1 of each school year regarding the additional service.
Senate Status03/25/2015 - Taken off notice in Senate Education Committee.
House Status02/25/2015 - Referred to Education Administration & Planning Subcommittee.
SB977 / HB571 Legal representation for children in truancy proceedings.
CategoryEducation
SponsorsSen. Mark S. Norris / Rep. John J. Deberry Jr.
DescriptionEntitles children to legal representation in proceedings alleging truancy.
Senate Status02/19/2015 - Referred to Senate Judiciary Committee.
House Status03/19/2015 - Set for House Civil Justice Subcommittee- Final Calendar 03/25/15.
SB999 / HB1049 Enacts the Tennessee Choice & Opportunity Scholarship Act.
CategoryEducation
SponsorsSen. Todd Gardenhire / Rep. Bill Dunn
DescriptionEstablishes a scholarship program for eligible students to attend participating private K-12 schools. An "eligible student" is a student who: (1) Resides in Tennessee and is zoned to attend or enrolled in a public school that is identified as being in the bottom five percent of schools in overall achievement; (2) Meets the minimum age requirements to attend kindergarten with eligibility extending until the student graduates from high school, except that the student must be less than 22 years of age by August 15 of each year; (3) Is a member of a household whose annual income during the year prior to initial receipt of a scholarship met the requirements for free or reduced price lunch; and (4) Was previously enrolled in a Tennessee public school during the two semesters preceding the semester in which the student receives the scholarship, is enrolling in a Tennessee school for the first time, or received a scholarship pursuant to this bill in the previous school year. Specifies requirements for private schools to participate in the program, including, but not limited to, being identified as a category I, II or III school, and providing lunch to scholarship students at no cost or at a reduced cost. Details the total number of scholarships that may be awarded for each school year: (1) 5,000 for the 2015-2016; (2)7,500 for 2016-2017; (3) 10,000 for 2017-2018; and 20,000 for 2018-2019 and thereafter. If a participating school demonstrates achievement growth for scholarship students at a level of "significantly below expectations" for two consecutive years or the department determines the school has failed to comply with this bill, then the commissioner of education may suspend or terminate a school's participation in the program. Provides that if a participating school is suspended or terminated from the program, or if the school otherwise withdraws from the program, scholarship students enrolled at the school may transfer to another participating school without loss of eligibility and such students would be given preference for enrollment. Clarifies that no federal funds shall be used in the funding of the scholarship. (11 pp.)
AmendmentSenate Finance Committee amendment 1 (004539) clarifies that the definition of participating school includes a public or nonpublic school.
Senate Status03/24/2015 - Set for Senate Floor Regular Calendar 03/26/15.
House Status03/24/2015 - House Education Administration and Planning Committee recommended with amendment 1 (004520). Sent to House Government Operations.
SB1021 / HB1204 Providing civic education in schools.
CategoryEducation
SponsorsSen. Dolores R. Gresham / Rep. John Ragan
DescriptionAsserts that providing civic education, promoting good citizenship, and understanding fundamental democratic principles should be core missions of all Tennessee schools, not just secondary schools.
Senate Status03/19/2015 - Set for Senate Education Committee- Final Calendar 03/25/15.
House Status03/24/2015 - House Education Instruction and Programs Committee recommended with amendment 1 (004384). Sent to House Calendar & Rules.
SB1082 / HB968 Textbook commission - study age and status of textbooks.
CategoryEducation
SponsorsSen. Lee Harris / Rep. Johnny W. Shaw
DescriptionRequires the textbook commission to study the age and physical status of textbooks used in public schools of this state and issue a written report to the members of the general assembly, by January 1, 2016, detailing the average age, physical condition, and cost to replace certain textbooks.
Senate Status03/25/2015 - Senate Education Committee deferred to 04/01/15.
House Status03/24/2015 - House Education Instruction and Programs Committee recommended. Sent to House Calendar & Rules.
SB1241 / HB1154 Delinquent acts of a student requiring LEA notification.
CategoryEducation
SponsorsSen. Mike Bell / Rep. Bud Hulsey
DescriptionExpands the delinquent acts committed by a juvenile that require notification to the LEA where the juvenile resides or last attended school. Requires LEA to be notified any time a juvenile is adjudicated delinquent for specified delinquent acts, instead of only when being initially enrolled in the school, returning to school from suspension or expulsion, or transferring to another school. Shifts responsibility of informing school about delinquency adjudication from the parents, to the juvenile court clerk or general sessions clerk.
Senate Status03/18/2015 - Taken off notice in Senate Education Committee.
House Status03/10/2015 - Taken off notice in House Education Administration and Planning Subcommittee.
SB1363 / HB1331 Prohibited contracting for services.
CategoryEducation
SponsorsSen. Ken Yager / Rep. Mike Stewart
DescriptionProhibits an LEA from contracting for services with a nonprofit or for-profit operator or manager of a virtual school if the contract requires the LEA to pay more per pupil for students in the virtual school than the operator or manager charges individual students for its services.
Senate Status02/19/2015 - Referred to Senate Education Committee.
House Status02/25/2015 - Referred to House Education Administration and Planning Subcommittee.

Energy & Mining - 1


SB1043 / HB237 Property Assessed Clean Energy Act.
CategoryEnergy & Mining
SponsorsSen. Steve Southerland / Rep. Bill Dunn
DescriptionEnacts the "Property Assessed Clean Energy Act," which allows a local government to establish a property assessed clean energy program (PACE program). Requires the local government to adopt a resolution of intent and to hold a public hearing on the proposed program. Allows a local government that establishes a program to enter into a written consent with a record owner of real property in a region to impose an assessment to repay the owner's financing of a qualified project on the owner's property. Defines a "qualified improvement" as a permanent improvement fixed to real property and intended to decrease or offset water or energy consumption or demand, including a product, a device, or an interacting group of products or devices that uses energy technology to generate electricity, provide thermal energy, regulate temperature, or increase energy efficiency." (13 pp.)
AmendmentHouse Agriculture & Natural Resources Subcommittee amendment 1 (004330) specifies lending companies and their operations are exempt from adopted programs under this act.
Senate Status03/19/2015 - Set for Senate Energy, Agriculture & Natural Resources Committee- Final Calendar 03/25/15.
House Status03/25/2015 - House Agriculture & Natural Resources Subcommittee deferred to 2016.

Entertainment - 1


SB1054 / HB1210 Outlines offense of fraudulent activity regarding buying bulk tickets.
CategoryEntertainment
SponsorsSen. Mark Green / Rep. Barry Doss
DescriptionClarifies that any person unable to purchase a ticket as a result of a violation of the offense of interference with the sale of tickets is considered a victim of the offense. Clarifies that victim of offense has standing to file a criminal complaint. Declares it an unfair and deceptive act or practice under the Consumer Protection Act to commit the offense of interference with the sale of tickets when the commission of the offense causes a person to be unable to purchase a ticket.
Senate Status02/19/2015 - Referred to Senate Commerce & Labor Committee.
House Status02/24/2015 - Referred to House Business & Utilities Subcommittee.

Environment & Nature - 2


SB205 / HB135 Killing or injuring a threatening wild animal in self-defense.
CategoryEnvironment & Nature
SponsorsSen. Frank Niceley / Rep. Jeremy Faison
DescriptionSpecifies that a person is legally justified in using self-defense to kill or injure a threatening wild animal when the person reasonably believes the action is necessary to protect the person or any other individual against an imminent attack by the wild animal that will likely result in serious bodily injury or death. Also specifies that it is not an offense to kill or injure a threatening wild animal when the person reasonably believes the action is necessary to protect the person's property from imminent harm. Requires such person to notify the Tennessee Wildlife Resources Agency within 12 hours after killing or seriously injuring a wild animal pursuant to this section. Prohibits the killed wild animal from being removed from the site, repositioned, retained or sold. Specifies that failure to notify the agency or removing the animal is a Class D misdemeanor.
AmendmentSenate Energy, Agriculture & Natural Resources Committee, House Agriculture & Natural Resources Committee Amendment 1 (003713) rewrites the bill clarifying that endangerment of property is not self-defense and therefore not a valid reason to kill an animal.
Senate Status03/19/2015 - Set for Senate Energy, Agriculture & Natural Resources Committee- Final Calendar 03/25/15.
House Status03/24/2015 - Set for House Floor Regular Calendar 03/26/15.
SB1325 / HB868 Legislative approval - Section 111(d) of the EPA's guidelines.
CategoryEnvironment & Nature
SponsorsSen. Randy McNally / Rep. Kelly Keisling
DescriptionRequires that upon developing a state plan to enforce carbon dioxide emission control measures on covered electric-generating units, as required under Section 111(d) of the federal Clean Air Act, the department of environment and conservation shall prepare a report, subject to notice and comment, on the various effects the plan will have on the state. Provides that the department shall submit a copy of the plan to the general assembly, and requires that both houses shall vote on a joint resolution for approval of the plan.
AmendmentSenate Energy, Agriculture & Natural Resources Committee amendment 1 (003526) deletes and replaces certain language in the original bill. Defines "department" as the Department of Environment and Conservation (TDEC). Deletes reference to regulating carbon dioxide emissions from covered electric generating units, providing notice and opportunity to comment on the state plan, and review of the findings of the report developed as related to preparing a report. Requires that a copy of the state plan and report be submitted to the Chairs of the Government Operations Committee of the Senate and the House of Representatives within 15 days of development instead of the General Assembly. Requires TDEC to present the findings of the prepared and transmitted report at the next regularly scheduled meeting of the Joint Committee on Governmental Operations after completion of the report.
Senate Status03/18/2015 - Senate Energy, Agriculture & Natural Resources Committee recommended with amendment 1. Sent to Senate Finance.
House Status03/25/2015 - House Agriculture & Natural Resources Subcommittee recommended with amendment 1. Sent to House Agriculture & Natural Resources Committee.

Estates & Trusts - 3


SB326 / HB774 Uniform Fiduciary Access to Digital Assets Act.
CategoryEstates & Trusts
SponsorsSen. Mark S. Norris / Rep. Martin Daniel
DescriptionEnacts the "Uniform Fiduciary Access to Digital Assets Act." Specifies the personal representative of the decedent has the right to access the content of an electronic communication that the custodian is permitted to disclose, any catalogue of electronic communications sent or received by the decedent, and any other digital asset in which at death the decedent had a right or interest. Permits the court to grant a guardian or conservator the right to access certain electronic communications and digital assets regarding a minor or person with a disability. Specifies other rights pertaining to digital assets and electronic communications regarding fiduciaries. (10 pp.)
Senate Status02/11/2015 - Referred to Senate Judiciary Committee.
House Status03/19/2015 - Set for House Civil Justice Subcommittee- Final Calendar 03/25/15.
SB465 / HB898 Tennessee Uniform Real Property Transfer on Death Act.
CategoryEstates & Trusts
SponsorsSen. Mike Bell / Rep. Kevin Brooks
DescriptionCreates the "Tennessee Uniform Real Property Transfer on Death Act." Authorizes real property and motor vehicles to be transferred upon an owner's death to a designated beneficiary. Allows such action to occur if indicated in a "death deed." Specifies contents of such death deeds. (14 pp.)
Senate Status03/24/2015 - Taken off notice in Senate Judiciary Committee.
House Status03/18/2015 - Taken off notice in House Civil Justice Subcommittee.
SB1208 / HB1325 Releasing of payments to executors of deceased.
CategoryEstates & Trusts
SponsorsSen. Jeff Yarbro / Rep. Larry J. Miller
DescriptionExtends to 60 days, instead of 45, the time a duly qualified executor or administrator of the deceased's estate has to give notice of the qualification to the retirement division before the division can make payment to the executor named in any will the retirement division is aware of.
Senate Status02/19/2015 - Referred to Senate Finance, Ways & Means Committee.
House Status02/24/2015 - Referred to House Finance Subcommittee.
Executive Status03/23/2015 - Joint Council on Pensions and Insurance deferred to 2016.

Family Law - 11


SB101 / HB90 Forgiving accrued principal and interest on child support.
CategoryFamily Law
SponsorsSen. Mark S. Norris / Rep. Gerald McCormick
DescriptionAuthorizes child support obligor to enter into a written compromise and settlement to forgive accrued principal and interest on delinquent child support balance with the approval of the court and the obligee. Specifies the requirements and procedures for entering into a child support settlement agreement. Requires child support settlement to be in the best interests of the child or children. Part of Administration Package.
AmendmentSenate amendment 1, House Civil Justice Committee amendment 1 (004046) grants an obligor or obligee the right to compromise and settle a child support arrearage balance owed directly to the obligee if the court approves the compromise. Specifies that a compromise can only be used to forgive accrued principal and interest on delinquent child support with the approval of the obligee in writing and cannot include any monies owed to the State of Tennessee or any other state. Requires the Department of Human Services, or its contractors, to be a party to the action in all Title IV-D cases. Eligibility for the compromise and settlement of child support arrearages is based on the obligor's full payment of the child support obligation for a minimum of 12 months immediately preceding the compromise and settlement. Requires the program to operate uniformly across the state and shall take into consideration the needs of the child or children and the obligor's ability to pay.
Senate Status03/16/2015 - Senate passed with amendment 1.
House Status03/24/2015 - House Civil Justice Committee recommended with amendment 1 (004046), which grants an obligor or obligee the right to compromise and settle a child support arrearage balance owed directly to the obligee if the court approves the compromise. Specifies that a compromise can only be used to forgive accrued principal and interest on delinquent child support with the approval of the obligee in writing and cannot include any monies owed to the State of Tennessee or any other state. Requires the Department of Human Services, or its contractors, to be a party to the action in all Title IV-D cases. Eligibility for the compromise and settlement of child support arrearages is based on the obligor's full payment of the child support obligation for a minimum of 12 months immediately preceding the compromise and settlement. Requires the program to operate uniformly across the state and shall take into consideration the needs of the child or children and the obligor's ability to pay. Sent to House Calendar & Rules.
SB161 / HB609 Divorce - marital property treated as separate property.
CategoryFamily Law
SponsorsSen. Becky Duncan Massey / Rep. Mike Carter
DescriptionRequires account balances, accrued benefits, or other values of vested and unvested pension benefits, vested and unvested stock option rights, retirement and other fringe benefits relating to employment prior to the date of marriage together with the appreciation of the value be treated as separate property for purposes of division of property in a divorce or legal separation. Provides that in determining appreciation in related cases, the court shall utilize any reasonably reliable method of attributing postmarital appreciation to the value of the premarital benefits, regardless of whether contributions were made to the account and contributions have appreciated in value during the marriage. Establishes requirements for withdrawing such assets for the purpose of acquiring separate assets of the employee spouse or marital assets.
Senate Status03/12/2015 - Senate passed.
House Status03/24/2015 - House Civil Justice Committee recommended with amendment 1. Sent to House Calendar & Rules.
SB400 EGG and SPERM Act.
CategoryFamily Law
SponsorsSen. Joey Hensley
DescriptionDefines various terms as they relate to egg and sperm donation, and assisted reproductive technology. Requires oocyte (female genetic material) collection agencies, sperm banks, and assisted reproductive technology (ART) programs to report certain information to department of health. Specifies that commissioner of health must set collection and reporting rules, and maintain contact information for oocyte collection agencies, sperm banks, and ART programs. Requires commissioner to set reasonable fee for these service providers. Requires these service providers to inform each potential donor, in writing, of any potential conflict of interest. Establishes the civil penalties these service providers could face for failing to give the required information to entitled parties or for violating any of the rules set forth. Clarifies that no donor will be penalized for being induced to accept or accepting valuable consideration for egg or sperm donation. (10 pp.)
Senate Status02/11/2015 - Referred to Senate Judiciary Committee.
House StatusNone
SB440 / HB445 Removes right of revocation of the surrender of a child for adoption.
CategoryFamily Law
SponsorsSen. Ferrell Haile / Rep. Jeremy Faison
DescriptionRemoves person's right to revoke surrender of a child for adoption. Allows judge to revoke or invalidate surrender by court order if judge determines by clear and convincing evidence that the surrender involved duress, fraud, or intentional misrepresentation or if revocation is in child's best interests. Makes various technical revisions to reflect removal of person's right to revoke surrender. Specifies that at the time of surrender the judge must inform person that there is no right to revoke surrender. Requires surrender form provided filled out by surrendering parent to state that the surrender cannot be revoked.
AmendmentHouse amendment 1 (004596) rewrites this bill to reduce the time for revoking a surrender from 10 to three calendar days following the surrender, whereas under present law a person who executed a surrender in regard to the person's child may revoke the surrender at any time within 10 calendar days of the date of the surrender. Removes the provision providing that if the tenth day falls on a Saturday, Sunday, or legal holiday, the last day for the revocation will be the next day that is not a Saturday, Sunday, or legal holiday.
Senate Status03/09/2015 - Senate passed.
House Status03/24/2015 - House Transportation Committee deferred to 3/31/15.
SB668 / HB829 Restraining order to be served before release.
CategoryFamily Law
SponsorsSen. Sara Kyle / Rep. Johnnie Turner
DescriptionRequires that where an order of protection or restraining order is granted, prior to release, against an offender arrested for stalking, aggravated stalking, or a domestic violence offender, the offender must be served with the order prior to release. Specifies that orders granted after the offender's release should be served on the offender as soon as possible after release. Requires copy of the order of protection or restraining order to be issued to any other court in which the respondent and petitioner are parties to an action.
Senate Status02/18/2015 - Referred to Senate Judiciary Committee.
House Status03/19/2015 - Set for House Civil Justice Subcommittee- Final Calendar 03/25/15.
SB797 / HB599 Requirements prior to granting marital separation actions.
CategoryFamily Law
SponsorsSen. Brian K. Kelsey / Rep. Jeremy Durham
DescriptionRequires a court to find adequate provision for the settlement of child custody and support, property rights, and apportionment of debts before granting any marital dissolution agreement, marital separation agreement, or agreed permanent parenting plan, in addition to divorce.
Senate Status02/18/2015 - Referred to Senate Judiciary Committee.
House Status02/12/2015 - Referred to House Civil Justice Subcommittee.
SB809 / HB950 Data reporting requirements - assisted reproductive technologies.
CategoryFamily Law
SponsorsSen. Joey Hensley / Rep. Susan Lynn
DescriptionEstablishes certain disclosure and information and data reporting requirements regarding assisted reproductive technologies. Allows commissioner to promulgate rules for (1) collection and reporting of data, (2) maintain certain public records, (3) promulgate rules specifying the timing, procedures, and format for reporting data. Requires department to collect and report certain information regarding oocyte collection agencies, sperm banks, and ART programs. Prohibits oocyte collection agencies, sperm banks, or ART programs to operate without providing the required information from the commissioner. (10pp.)
Senate Status02/18/2015 - Referred to Senate Health & Welfare Committee.
House Status03/24/2015 - House Health Subcommittee deferred to 03/31/15.
SB812 / HB960 Distribution of marital property.
CategoryFamily Law
SponsorsSen. Joey Hensley / Rep. David B. Hawk
DescriptionAllows the court, in all actions for divorce or legal separation, to assign the marital property between the parties without regard to marital fault in proportions as the court deems just or equitably divide, distribute, or assign the property between the parties based on marital fault in proportions the court deems just.
Senate Status02/18/2015 - Referred to Senate Judiciary Committee.
House Status02/24/2015 - Referred to House Civil Justice Subcommittee.
SB1206 / HB565 Clarifies legislative intent of foster care statute.
CategoryFamily Law
SponsorsSen. Jeff Yarbro / Rep. Sherry Jones
DescriptionClarifies that the intent of the foster care statute is to place a child in a permanent home at an early date if an early return to the child's parents is not appropriate in addition to not being possible as provided in current statute.
Senate Status02/19/2015 - Referred to Senate Judiciary Committee.
House Status02/12/2015 - Referred to House Civil Justice Subcommittee.
SB1231 / HB737 Abolishes the common law "doctrine of necessaries."
CategoryFamily Law
SponsorsSen. Mike Bell / Rep. Dan Howell
DescriptionAbolishes the common law "doctrine of necessaries", establishing that no spouse shall be liable for the other spouse's debt arising solely by reason of the marriage.
Senate Status02/19/2015 - Referred to Senate Judiciary Committee.
House Status02/19/2015 - Referred to House Civil Justice Subcommittee.
SB1393 / HB1369 Adoption services by DCS available to additional persons.
CategoryFamily Law
SponsorsSen. Jeff Yarbro / Rep. John Mark Windle
DescriptionRequires the adoption services provided by the department of children's services to be made available to all families of adopted children and biological families of adopted children, regardless of whether the children were adopted through the department.
Senate Status02/19/2015 - Referred to Senate Judiciary Committee.
House Status03/19/2015 - Set for House Civil Justice Subcommittee- Final Calendar 03/25/15.

Government Contracts - 1


SB95 / HB84 Cooperative purchasing agreements and the procurement of services.
CategoryGovernment Contracts
SponsorsSen. Mark S. Norris / Rep. Gerald McCormick
DescriptionAuthorizes public institutions of higher education and the department of general services to participate in, sponsor, conduct, or administer cooperative purchasing agreements for the procurement of services relating to the transfer or management of real property; the procurement of construction, engineering, or architectural services; or the procurement of construction materials with other states or local governments. Makes various changes to the protest process for aggrieved respondents challenging a solicitation, award, or proposed award of a contract. Provides that for protest ponds, the bond shall be payable to the state in accordance with the following criteria: (1) five percent of the lowest bid or cost proposal evaluated; (2) five percent for the maximum, or estimated maximum, liability provided; (3) five percent of the estimated maximum revenue if the solicitation, award, or proposed award is for a contract in which the state receives revenue; or (4) for no-costs contracts, an amount to be determined by the chief procurement officer. Revises provisions regarding the authorized limitations of liabilities in certain state contracts. Provides that besides the prescribed liabilities in this act, a limitation of liability in a contract with the state shall not apply to: (1) a liability for intellectual property or to any other liability, including, without limitation, indemnification obligations for infringement of third-party intellectual property rights; (2) claims covered by a specific provision in a contract with the state providing liquidated damages; or (3) claims for intentions torts, criminal acts, fraudulent conduct, or acts or omissions that result in personal injuries or death. Part of Administration Package.
AmendmentHouse State Government Committee amendment 1 (004291) specifies that the department of general services and public institutions of higher education may enter into cooperative purchasing agreements with one or more governmental entities for the procurement of services relating to the transfer, ownership, maintenance, or management of real property or the procurement of construction materials. This amendment prohibits such cooperative purchasing agreements from being used to procure architectural and engineering services.
Senate Status03/24/2015 - Senate State & Local Government Committee deferred to last calendar.
House Status03/24/2015 - House Government Operations Committee recommended. Sent to House Calendar & Rules.

Government Organization - 7


SB228 / HB354 Sunset-consumer advocate division in office of attorney general.
CategoryGovernment Organization
SponsorsSen. Mike Bell / Rep. Jeremy Faison
DescriptionExtends the consumer advocate division in the office of the attorney general and reporter to June 30, 2017.
Senate Status03/25/2015 - Senate Government Operations Committee recommended. Sent to Senate Calendar Committee.
House Status03/23/2015 - House passed.
SB252 / HB386 Sunset - TN claims commission.
CategoryGovernment Organization
SponsorsSen. Mike Bell / Rep. Jeremy Faison
DescriptionExtends the Tennessee claims commission to June 30, 2019.
Senate Status03/09/2015 - Senate passed.
House Status03/09/2015 - House passed.
Executive Status03/19/2015 - Signed by governor.
SB253 / HB330 Sunset - commission on children and youth.
CategoryGovernment Organization
SponsorsSen. Mike Bell / Rep. Jeremy Faison
DescriptionExtends the commission on children and youth to June 30, 2020.
AmendmentSenate Government Operations Committee amendment 1 (004713) eliminates the commissions requirement to write impact statements on bills affecting children and youth.
Senate Status03/25/2015 - Senate Government Operations Committee recommended with amendment 1 (004713), which eliminates the commissions requirement to write impact statements on bills affecting children and youth. Sent to Senate Calendar Committee.
House Status03/09/2015 - House passed.
SB364 / HB1195 State administration of refugee resettlement program.
CategoryGovernment Organization
SponsorsSen. Mark Green / Rep. John Ragan
DescriptionRequires the department to negotiate with the federal office of refugee resettlement to reacquire state administration of the refugee resettlement program.
Senate Status02/11/2015 - Referred to Senate Judiciary Committee.
House Status03/19/2015 - Set for House State Government Subcommittee 03/25/15.
SB485 / HB471 Transfers administrative responsibilities of board of court reporting
CategoryGovernment Organization
SponsorsSen. Mike Bell / Rep. Ryan A. Haynes
DescriptionTransfers administrative responsibilities for the Tennessee board of court reporting from the administrative office of the courts to the division of regulatory boards in the department of commerce and insurance.
Senate Status03/24/2015 - Senate Commerce & Labor Committee recommended. Sent to Senate Calendar Committee.
House Status03/24/2015 - House State Government Committee recommended. Sent to House Government Operations.
SB688 / HB669 General assembly new members- clarifies what topics for orientation.
CategoryGovernment Organization
SponsorsSen. Bo Watson / Rep. Curtis G. Johnson
DescriptionClarifies what topics are to be included in orientation for new members of the general assembly. Removes obsolete reference to the "office of legislative services."
Senate Status03/24/2015 - Set for Senate State & Local Government Committee 03/26/15.
House Status03/19/2015 - Set for House State Government Subcommittee 03/25/15.
SB768 / HB835 Creates the civil justice reform commission.
CategoryGovernment Organization
SponsorsSen. Ken Yager / Rep. Mike Carter
DescriptionCreates the civil justice reform commission to study possible reforms to increase access to the civil justice system. Specifies selection of members. Requires the commission to report findings and recommendations to the senate judiciary committee, civil justice committee of the house, governor, and supreme court by January 1, 2016.
Senate Status02/18/2015 - Referred to Senate Judiciary Committee.
House Status03/18/2015 - Referred to House Study Committee Subcommittee.

Government Regulation - 12


SB6 / HB57 Racial Profiling Prevention Act.
CategoryGovernment Regulation
SponsorsSen. Brian K. Kelsey / Rep. John J. Deberry Jr.
DescriptionEnacts the "Racial Profiling Prevention Act." Requires each state and local law enforcement agency to adopt, on or before January 1, 2016, a written policy that prohibits racial profiling.
AmendmentSenate amendment 1, House Criminal Justice Subcommittee amendment 1 (003462) redefines the definition of "racial profiling" as the detention or interdiction of an individual in traffic contacts, field contacts, or asset seizure and forfeiture efforts solely on the basis of the individual's actual or perceived race, color, ethnicity, or national origin.
Senate Status03/09/2015 - Senate passed with amendment 1.
House Status03/24/2015 - House Criminal Justice Subcommittee recommended with amendment 1 (003462), which redefines the definition of "racial profiling" as the detention or interdiction of an individual in traffic contacts, field contacts, or asset seizure and forfeiture efforts solely on the basis of the individual's actual or perceived race, color, ethnicity, or national origin. Sent to House Criminal Justice Committee.
SB288 / HB653 Administering oath of office to elected officials.
CategoryGovernment Regulation
SponsorsSen. John Stevens / Rep. Leigh Rosser Wilburn
DescriptionAdds the governor or an active or retired supreme court justice to the list of officials who may administer the oath of office to an elected or appointed official. Specifies the time frame and conditions for when the oath may be administered.
Senate Status03/09/2015 - Senate passed.
House Status03/16/2015 - House passed.
Executive Status03/18/2015 - Sent to governor.
SB467 / HB216 UAPA - government operations committee to review every rule.
CategoryGovernment Regulation
SponsorsSen. Mike Bell / Rep. Martin Daniel
DescriptionAlters certain provisions regarding the rulemaking process provided in the Uniform Administrative Procedures Act (UAPA). Requires, instead of authorizes, the government operations committees to review every rule promulgated pursuant to the UAPA. Decreases, from 25 to 10, the number of persons that must petition an agency to compel a public hearing on a proposed rule. Requires the committees to consider the effect of a rule on small business and the arbitrariness and capriciousness of a rule. Establishes that disapproval of a rule by the committees shall be posted by the secretary of state to the administrative register on the secretary of state's website.
AmendmentSENATE GOVERNMENT OPERATIONS COMMITTEE AMENDMENT 1 disallows an administrative agency from rejecting federal funding. Changes language from "jeopardize federal programs or funds" to "mights jeopardize federal programs or funds." Deletes an obsolete section of the code. HOUSE GOVERNMENT OPERATIONS COMMITTEE AMENDMENT 1 (004224) disallows an administrative agency to reject federal funding. Changes language from "jeopardize federal programs or funds" to "mights jeopardize federal programs or funds." HOUSE GOVERNMENT OPERATIONS COMMITTEE AMENDMENT 2 (004516), which allows the government operations committee to review all rules promulgated pursuant to the UAPA and to promote analysis on any rule being promulgated that affects business. HOUSE GOVERNMENT OPERATIONS COMMITTEE AMENDMENT 3 deletes the word "and" after "willfully" and substitutes instead the word "or."
Senate Status03/25/2015 - Senate Government Operations Committee recommended with amendment 1, which disallows an administrative agency from rejecting federal funding. Changes language from "jeopardize federal programs or funds" to "mights jeopardize federal programs or funds." Deletes an obsolete section of the code. Sent to Senate Calendar Committee.
House Status03/24/2015 - House Government Operations Committee recommended with amendment 3 with previously adopted amendments 1 and 2. Amendment 3 deletes the word "and" after "willfully" and substitutes instead the word "or." Sent to House State Government Committee.
SB487 UAPA - petitions for or against rules.
CategoryGovernment Regulation
SponsorsSen. Mike Bell
DescriptionIncreases the number of interested persons necessary to petition an agency requesting the adoption, amendment, or repeal of a rule, from five or more to 10 or more.
Senate Status02/23/2015 - Withdrawn in Senate.
House StatusNone
SB491 UAPA - stay of effective date of rules.
CategoryGovernment Regulation
SponsorsSen. Mike Bell
DescriptionLengthens the time the government operations committees can stay the running of a permanent rule's effective date, from 60 to 75 days.
Senate Status02/23/2015 - Withdrawn in Senate.
House StatusNone
SB492 Government operations committees to stay running of period for rules.
CategoryGovernment Regulation
SponsorsSen. Mike Bell
DescriptionRemoves authority of the government operations committees to stay the running of the period between the time a rule is filed with the secretary of state and the rule's effective date.
Senate Status02/23/2015 - Withdrawn in Senate.
House StatusNone
SB493 / HB1124 Certain rules proposed by agency require public hearing before filing.
CategoryGovernment Regulation
SponsorsSen. Mike Bell / Rep. Jeremy Faison
DescriptionProhibits an agency that has filed an emergency rule from filing a proposed rule on the same subject without first holding a public rulemaking hearing.
Senate Status03/11/2015 - Taken off notice in Senate Government Operations Committee.
House Status02/23/2015 - Referred to House Government Operations Committee.
SB504 / HB489 Authorizes transmission of nonprofit information electronically.
CategoryGovernment Regulation
SponsorsSen. Jack Johnson / Rep. Pat Marsh
DescriptionAuthorizes the transmission and filing of nonprofit corporations' annual reports to the secretary of state in an electronic format; authorizes the transmission of the secretary of state's list of new nonprofit corporations that were licensed or authorized to operate in the state during the preceding month and the secretary of state's list of nonprofit corporations that surrendered their charters, had charters revoked, or ceased to do business in this state, during the preceding month, to the commissioner of revenue in an electronic format.
Senate Status02/12/2015 - Referred to Senate Commerce & Labor Committee.
House Status02/18/2015 - Referred to House Business & Utilities Subcommittee.
SB825 / HB937 State departments and agencies - reports on federal funds.
CategoryGovernment Regulation
SponsorsSen. Paul Bailey / Rep. Judd Matheny
DescriptionRequires every state department and agency to develop an annual report detailing all federal funds received by, or passed through, the department or agency and to submit the report to each member of the general assembly by January 1 of each year.
Senate Status03/17/2015 - Senate State & Local Government Committee deferred to last calendar.
House Status03/19/2015 - Set for House State Government Subcommittee 03/25/15.
SB918 / HB1366 Certain terms that apply to entire Tennessee Code Annotated.
CategoryGovernment Regulation
SponsorsSen. Jack Johnson / Rep. Jerry Sexton
DescriptionAdds certain official terms and definitions that apply to the entire Tennessee Code Annotated. Broadly captioned.
Senate Status02/19/2015 - Referred to Senate State & Local Government Committee.
House Status02/24/2015 - Referred to House Civil Justice Subcommittee.
SB1203 / HB12 Prohibiting commissioners from accepting certain types of employment.
CategoryGovernment Regulation
SponsorsSen. Jeff Yarbro / Rep. Bo Mitchell
DescriptionProhibits a commissioner or deputy commissioner, during the 12 month period immediately following their departure from departmental service, from seeking or accepting employment with any private business entity that contracted with the department during the commissioner's or deputy commissioner's tenure of service. Creates a penalty, not to exceed $10,000, for knowingly violating the restriction. Allows the Tennessee ethics commission to seek injunctive relief against a commissioner for violation of the restriction.
Senate Status02/19/2015 - Referred to Senate State & Local Government Committee.
House Status03/19/2015 - Set for House State Government Subcommittee 03/25/15.
SB1220 / HB1199 Subcommittees of government operations - power to stay rules.
CategoryGovernment Regulation
SponsorsSen. Mike Bell / Rep. John Ragan
DescriptionSpecifies that subcommittees of the senate or house government operations committees may exercise the same powers to stay the effective dates of rules and make recommendations expressing disapproval of a rule as the full committees during rule review hearings.
Senate Status03/11/2015 - Taken off notice in Senate Government Operations Committee.
House Status03/17/2015 - Taken off notice in House Government Operations Committee.

Health Care - 21


SB13 Informed consent for abortions.
CategoryHealth Care
SponsorsSen. Mae Beavers
DescriptionRevives and reenacts the informed consent statute for abortion that was in effect prior to Planned Parenthood of Middle Tennessee, et al. v. Sundquist. Sets forth the criteria for truly informed consent that must be satisfied before an abortion can be performed.
Senate Status01/17/2015 - Referred to Senate Judiciary Committee.
House StatusNone
SB34 / HB43 Duties of snow skiers at scene of accident.
CategoryHealth Care
SponsorsSen. Doug Overbey / Rep. Dale Carr
DescriptionRequires a person who is involved in, causes or contributes to a snow skiing accident to remain at the scene of the accident and provide the person's name and contact information to a member of the ski patrol or employee of the ski area operator, unless the person leaves for the sole purpose of securing aid for someone who was injured in the accident.
Senate Status03/16/2015 - Senate passed.
House Status03/23/2015 - House passed.
Executive Status03/23/2015 - Sent to the speakers for signatures.
SB50 Abortions in ambulatory surgical treatment centers.
CategoryHealth Care
SponsorsSen. Mark Green
DescriptionRevises definition of "ambulatory surgical treatment centers" to include private physicians' and dentists' offices in which one or more medical or surgical pregnancy terminations are performed.
Senate Status01/17/2015 - Referred to Senate Judiciary Committee.
House StatusNone
SB125 / HB151 Creation of Annual Coverage Assessment Act of 2015.
CategoryHealth Care
SponsorsSen. Doug Overbey / Rep. Michael Harrison
DescriptionCreates the Annual Coverage Assessment Act of 2015. Defines annual coverage assessment as the annual assessment imposed on covered hospitals. Establishes an annual coverage assessment in the amount of four and fifty-two hundredths percent of a covered hospital's annual coverage assessment base.
AmendmentSenate Health & Welfare Committee amendment 1, House Health Subcommittee amendment 1 (004027) deletes all language after the enacting clause and enacts the "Annual Coverage Assessment Act of 2015." Establishes an annual coverage assessment on hospitals of 4.52 percent of a covered hospital's annual coverage assessment base and is required to be paid in equal quarterly installments. Requires Bureau of TennCare to send a notice of payment and a return form to each covered hospital 30 days prior to the payment date. Imposes a penalty of $500 a day on a hospital that does not pay the assessment by the due date. Subjects the covered hospital to disciplinary action under the licensing laws applicable to the hospital. Authorizes prorated payments for a covered hospital that ceases operation after the effective date of the Act. Prohibits a TennCare managed care organization from implementing across the board reductions in rates that are in existence on July 1, 2015, for hospitals and physicians by category or type of provider, unless mandated by the Centers for Medicare and Medicaid Services (CMS). Establishes a Maintenance of Coverage Trust Fund consisting of all annual coverage assessment collections and investment earnings credited to the assets of the Fund. Requires assessment payments, investment earnings, and federal matching funds to be available to the Bureau and only expended for benefits and services that would have been subject to reductions or eliminations from the FY14-15 TennCare budget; for refunds to hospitals for payments of assessments or penalties to the Bureau through error, mistake, or a determination that the payment was invalidly imposed; for reimbursements to hospitals to offset losses for services provided to TennCare enrollees (assessment payments only); and payments and expenditures in the TennCare program from funds remaining in the Fund as of June 30, 2015 to replace reductions included in the FY15-16 proposed budget and to increase the reimbursement for services provided to enrollees covered by TennCare Select and CoverKids. Specifies that implementation of the annual coverage assessment is dependent upon approval of additional hospital payments by CMS; a determination by CMS that the payments will not reduce federal participation in the TennCare program; and full implementation of hospital payment rate variation corridors established by the state's actuary and approved by the Bureau of TennCare for payments by managed care organizations to hospitals for services provided to TennCare enrollees. Exempts critical access hospitals, state mental health hospitals, rehabilitation and long-term care acute hospitals, St. Jude Children's Research Hospital, and the state and local government hospitals from the annual coverage assessment. Requires TennCare, beginning September 1, 2015, and on a quarterly basis thereafter, to report the status of the determination and approval by CMS, the balance of the Fund, and the extent to which the funds have been used, to both of the Finance, Ways and Means Committees, the Senate Health and Welfare Committee, and the House Health Committee (22pp.).
Senate Status03/18/2015 - Senate Health & Welfare Committee recommended with amendment 1 (004027). Sent to Senate Finance.
House Status03/19/2015 - Set for House Health Committee 03/25/15.
SB429 / HB896 Achieving a Better Life Experience (ABLE) Act.
CategoryHealth Care
SponsorsSen. Becky Duncan Massey / Rep. Kevin Brooks
DescriptionEnacts the "Achieving a Better Life Experience (ABLE) Act, which is intended to encourage and assist individuals and families that are saving private funds for the purpose of supporting individuals with disabilities to maintain health, independence and quality of life, and to provide funding to assist such persons with disability-related expenses, while not supplanting benefits acquired through private insurance, the Social Security Act or any other TennCare program. Provides that an eligible individual means someone who is either disabled or blind, and the onset of their disability must have occurred before becoming 26 years of age. Authorizes eligible individuals to participate in the Qualified ABLE account plan (plan) to create an ABLE account (account), which shall consist of contributions to the account by individuals and entities for the purpose of paying qualified disability expenses. Establishes that all assets, income and distributions of qualified account plans are exempt from state and local taxes. Establishes that the department of intellectual and developmental disabilities shall administer the plan and take necessary action to maintain the qualifications required under the federally instituted Achieving a Better Life Experience Act of 2014. Provides that the plan shall consist of: (1) contributions received by the department from designated beneficiaries or contributors to ABLE accounts or from any other source, whether public or private; (2) interest and investment income earned by the plan; (3) any monetary gift made by an individual by testamentary disposition; and (4) all other receipts of the department from any other source that the department deems appropriate. Establishes that contributions to an account are subject to the same requirements established under the federally enacted Achieving a Better Life Experience Act of 2014, which provides that the total annual amount of contributions shall not exceed $14,000. Outlines other responsibilities of the commissioner and the department regarding the implementation of the act. (13 pp.)
Senate Status02/11/2015 - Referred to Senate Health & Welfare Committee.
House Status02/19/2015 - Referred to House Health Subcommittee.
SB639 / HB600 Mental health hospitals - paying patients' healthcare services.
CategoryHealth Care
SponsorsSen. Jack Johnson / Rep. Jeremy Durham
DescriptionRelieves any hospital primarily licensed for the purposes of providing mental health services from being responsible under any contract for payment of healthcare services which that hospital is not licensed to provide. Provides for billing of outside providers of healthcare services without the release of the patient from the mental health hospital.
Senate Status02/18/2015 - Referred to Senate Commerce & Labor Committee.
House Status02/12/2015 - Referred to House Insurance & Banking Subcommittee.
SB775 / HB2 Required ultrasound prior to abortion.
CategoryHealth Care
SponsorsSen. Mae Beavers / Rep. Rick Womick
DescriptionRequires an ultrasound be performed not more than 72 hours and not less than 24 hours before the performance of an abortion. Requires the healthcare practitioner to verbally offer the pregnant woman an opportunity to view the ultrasound image and receive a printed copy. If the woman declines, the healthcare practitioner must provide: 1) a verbal explanation of the results, 2) a copy of the ultrasound image to the woman, and 3) an audible real-time heart beat for the woman to hear. Prohibits a provider from accepting any form of payment, deposit, or exchange or make any financial agreement for an abortion or abortion related services other than for payment of the ultrasound. Creates an exception for the ultrasound requirement where there is a medical emergency.
Senate Status02/18/2015 - Referred to Senate Judiciary Committee.
House Status03/24/2015 - House Health Subcommittee deferred to 03/31/15.
SB801 / HB1266 Repeals the Medicaid Act of 1968.
CategoryHealth Care
SponsorsSen. Frank Niceley / Rep. Rick Womick
DescriptionRepeals the Medicaid Act of 1968 and terminates Tennessee's participation in the Medicaid program.
Senate Status02/12/2015 - Withdrawn in Senate.
House Status02/24/2015 - Referred to House Insurance & Banking Subcommittee.
SB871 / HB1036 Addiction Treatment Act of 2015.
CategoryHealth Care
SponsorsSen. Steven Dickerson / Rep. Ryan A. Haynes
DescriptionEnacts the "Addiction Treatment Act of 2015." Prohibits arresting, charging, or prosecuting any individual who, in good faith, seeks medical assistance for a drug overdose themselves, or seeks medical assistance for another person experiencing or believed to be experiencing a drug overdose. Prohibits (1) penalties for a violation of a protective or restraining order, and (2) sanctions for a violation of a condition of pretrial release, probation, parole. Specifies various limitations of the law. Allows certain products containing buprenorphine to be prescribed under various situations and sets limitations for the drug.
Senate Status03/09/2015 - Senate passed.
House Status03/24/2015 - House Health Subcommittee recommended with amendment 1 (004287). Sent to House Health Committee.
SB885 / HB1018 General assembly approval not needed for governor to expand medicaid.
CategoryHealth Care
SponsorsSen. Jeff Yarbro / Rep. Mike Stewart
DescriptionRepeals requirement that the general assembly must authorize by joint resolution any expansion of optional enrollment in the medical assistance program, pursuant to the Patient Protection and Affordable Care Act.
Senate Status03/23/2015 - Set for Senate Health & Welfare Committee- Final Calendar 03/25/15.
House Status03/24/2015 - House Health Subcommittee deferred to 03/31/15.
SB962 / HB1028 Reasonable fees for copies of medical records.
CategoryHealth Care
SponsorsSen. Sara Kyle / Rep. Mike Stewart
DescriptionIncreases the cap on the amount healthcare providers can charge for copying medical records from $20.00 for the first five pages and 50 cents per page for each page copied after the first five pages, to $25.00 for the first five pages and 50 cents per page for each page copied after the first five pages. Excludes records involving workers' compensation cases. Broadly captioned.
Senate Status02/19/2015 - Referred to Senate Health & Welfare Committee.
House Status02/24/2015 - Referred to House Health Subcommittee.
SB1124 / HB1209 State health insurance exchange.
CategoryHealth Care
SponsorsSen. Jeff Yarbro / Rep. Harold Love Jr.
DescriptionRequires the state to establish a health insurance exchange under the federal Patient Protection and Affordable Care Act if King v. Burwell is decided by the United States supreme court in a certain manner.
Senate Status03/23/2015 - Senate Health and Welfare Subcommittee on TennCare released to standing committee with negative recommendation. Sent to Senate Health & Welfare Committee.
House Status03/19/2015 - Set for House Insurance & Banking Subcommittee 03/25/15.
SB1360 / HB150 Enforcement of tax before not-for-profit's final appeal for exemption.
CategoryHealth Care
SponsorsSen. Randy McNally / Rep. Michael Harrison
DescriptionClarifies that comments on public benefit hospital's conveyance transaction should be directed to the consumer advocate and protection division of the Attorney General's office. Authorizes not-for-profit hospital to electronically request conference regarding assessment of civil penalty for filing claims data discharge report late. Provides that commissioner of revenue may not seek enforcement of tax until the taxpayer's appeal for exemption is finally adjudicated. Broadly captioned.
Senate Status02/19/2015 - Referred to Senate Health & Welfare Committee.
House Status02/11/2015 - Referred to House Health Subcommittee.
SB1388 / HB1338 Delivery of living will by electronic means.
CategoryHealth Care
SponsorsSen. Steven Dickerson / Rep. Andy Holt
DescriptionAllows a declarant or someone acting on a declarant's behalf to deliver a copy of a living will to the attending physician or other concerned healthcare provider by electronic means. Broadly captioned.
Senate Status02/19/2015 - Referred to Senate Judiciary Committee.
House Status03/19/2015 - Set for House Civil Justice Subcommittee- Final Calendar 03/25/15.
SB1389 / HB1367 First responders have certain rights.
CategoryHealth Care
SponsorsSen. John Stevens / Rep. Curtis Halford
DescriptionEstablishes that first responders from emergency management shall have all rights, benefits, privileges, and protections available pursuant to state and local laws.
Senate Status02/19/2015 - Referred to Senate Judiciary Committee.
House Status03/24/2015 - House State Government Committee recommended. Sent to House Calendar & Rules.
SJR93 Implementation of Insure Tennessee.
CategoryHealth Care
SponsorsSen. Jeff Yarbro
DescriptionAuthorizes implementation of Insure Tennessee substantially as described in TennCare Demonstration Amendment #25.
AmendmentSenate Health and Welfare Subcommittee on TennCare Amendment 1 requires the inclusion of a provision in the waiver for a six-month disenrollment period for nonpayment of premiums, requires Governor to receive written confirmation of the ability to opt out if the federal funds are not available, and specifies that the waiver program not be implemented until after the United States Supreme Court decides King v. Burwell.
Senate Status03/23/2015 - Set for Senate Health & Welfare Committee- Final Calendar 03/25/15.
House StatusNone
SJR94 Governor may take actions to Insure Tennessee.
CategoryHealth Care
SponsorsSen. Jeff Yarbro
DescriptionAuthorizes the governor to take certain actions with respect to Insure Tennessee.
Senate Status03/23/2015 - Set for Senate Health & Welfare Committee- Final Calendar 03/25/15.
House StatusNone
SJR103 Request to expand Medicaid program.
CategoryHealth Care
SponsorsSen. Randy McNally
DescriptionUrges the United States department of health and human services to approve a block grant in order to fund services to the existing TennCare population and to expand the Medicaid program in this State to persons with incomes below 138 percent of the federal poverty line.
Senate Status03/23/2015 - Set for Senate Health & Welfare Committee- Final Calendar 03/25/15.
House StatusNone
SJR105 Authorizes governor to expand enrollment in Tennessee's Medicaid program
CategoryHealth Care
SponsorsSen. Jeff Yarbro
DescriptionAuthorizes the governor to do all that is necessary and appropriate to expand enrollment in Tennessee's Medicaid program.
Senate Status03/23/2015 - Set for Senate Health & Welfare Committee- Final Calendar 03/25/15.
House StatusNone
HB941 Annual Coverage Assessment Act of 2015.
CategoryHealth Care
SponsorsRep. David Alexander
DescriptionEnacts the "Annual Coverage Assessment Act of 2015." Imposes an annual coverage assessment upon each licensed hospital. Specifies that the assessment not be used to justify rate reductions for TennCare. Prohibits managed care organizations from implementing across the board cuts to covered or excluded network hospitals or physicians. Prohibits rate reductions for ancillary services as well. Excludes application to reductions in benefits or reimbursement for ancillary services under certain situations. Establishes an annual coverage assessment of 4.25% for a covered hospital's annual coverage assessment base and a $500 penalty each day the quarterly installment is not paid. Prohibits covered hospitals from increasing charges or adding surcharges as a result of the annual coverage assessment. Directs appropriated funds generated from the coverage assessment fee or any related penalties be deposited in the maintenance of the coverage trust fund created by the Medical Assistance Act. Specifies certain ways in which monies in the maintenance of the coverage trust fund can be utilized including reimbursement rates, maintenance of payments to certain hospitals, medical education, and avoidance of certain coverage limitations, among other uses. Requires the bureau to report to the finance, ways and means committees of the senate and health committee of the house about certain aspects of the coverage assessment and maintenance of the coverage trust fund. (16 pp.)
Senate StatusNone
House Status02/24/2015 - Referred to House Health Subcommittee.
HJR90 Authorizes implementation of Insure Tennessee.
CategoryHealth Care
SponsorsRep. Larry J. Miller
DescriptionAuthorizes the Governor to do all that is necessary and appropriate to implement Insure Tennessee substantially as described in TennCare Demonstration Amendment #25.
Senate StatusNone
House Status03/19/2015 - Set for House Insurance & Banking Subcommittee 03/25/15.

Insurance Automobiles - 4


SB444 / HB502 Requirements for quote for automobile liability insurance.
CategoryInsurance Automobiles
SponsorsSen. Jim Tracy / Rep. Jimmy Matlock
DescriptionRequires any quote for automobile liability insurance to include the cost of uninsured motorist coverage. Broadly captioned.
Senate Status02/12/2015 - Referred to Senate Commerce & Labor Committee.
House Status02/12/2015 - Referred to House Insurance & Banking Subcommittee.
SB547 Minimum limits for automobile liability insurance coverage.
CategoryInsurance Automobiles
SponsorsSen. Todd Gardenhire
DescriptionIncreases, after December 1, 2015, the minimum limits for automobile liability insurance coverage. Permits single policy coverage to be stacked in certain cases to provide full coverage of losses for the insured. Requires authentication by witnesses regarding the use of medical bills in civil actions and declares expert witness testimony unnecessary in the case that the medical bills were properly authenticated. Establishes other related revisions.
Senate Status02/12/2015 - Referred to Senate Commerce & Labor Committee.
House StatusNone
SB995 / HB990 Removes minimum limits for proof of motor vehicle liability insurance.
CategoryInsurance Automobiles
SponsorsSen. Todd Gardenhire / Rep. Andrew Farmer
DescriptionRemoves from present law the minimum limits for proof of motor vehicle liability insurance coverage, which applied from January 1, 1990, until December 31, 2008. Creates other revisions concerning insurance information.
Senate Status03/25/2015 - Taken off notice in Senate Transportation & Safety Committee.
House Status02/24/2015 - Referred to House Insurance & Banking Subcommittee.
SB1051 / HB1023 Quote for auto insurance to include uninsured motorist coverage.
CategoryInsurance Automobiles
SponsorsSen. Jeff Yarbro / Rep. Mike Stewart
DescriptionRequires any quote for automobile liability insurance to include the cost of uninsured motorist coverage.
Senate Status02/19/2015 - Referred to Senate Commerce & Labor Committee.
House Status02/24/2015 - Referred to House Insurance & Banking Subcommittee.

Insurance General - 9


SB80 / HB70 Revises provisions regarding captive insurance companies.
CategoryInsurance General
SponsorsSen. Mark S. Norris / Rep. Gerald McCormick
DescriptionAllows the commissioner of commerce and insurance to approve any rating plan submitted by a captive insurance company that is authorized to provide workers' compensation coverage as long as the captive insurance company demonstrates that the proposed rating plan does not endanger the solvency of the company and adequately protects the insureds. Specifies that the unimpaired paid-in capital and surplus that a captive insurance company is required to possess and maintain can be in the form of a cash equivalent. Current law specifies cash or an irrevocable letter of credit issued by a bank. Requires captive insurance company, industrial insured captive insurance company, protected cell captive insurance company, incorporated cell captive insurance company or special purpose financial captive insurance company to file a statement of investment policy approved by its governing body with the commissioner that describes the types of investments that the company may elect to undertake. Prohibits such companies from making investments that materially deviate from the statement of the investment policy. Makes other revisions regarding captive insurance companies. Part of Administration Package.
AmendmentSENATE AMENDMENT 1, HOUSE INSURANCE AND BANKING COMMITTEE AMENDMENT 1 (003729) makes various changes to the captive insurance regulations. Removes provision from original bill that provides authorization for commissioner of commerce and insurance to adopt certain emergency rules. Clarifies the calculation of the annual minimum aggregate tax.
Senate Status03/16/2015 - Senate passed with amendment 1.
House Status03/24/2015 - House Finance Committee recommended. Sent to House Calendar & Rules.
SB171 / HB558 Premiums - persons & providers exempt from workers' compensation.
CategoryInsurance General
SponsorsSen. Bill Ketron / Rep. Jimmy A. Eldridge
DescriptionProhibits an insurance company from charging a premium for any person classified an independent contractor and any construction services provider exempt from workers' compensation. Requires commercial risk insurers to provide additional information to the commissioner of commerce and insurance.
Senate Status03/24/2015 - Senate Commerce & Labor Committee deferred to 03/30/15.
House Status03/19/2015 - Set for House Consumer & Human Resources Subcommittee 03/25/15.
Executive Status03/16/2015 - Workers' Compensation Advisory Council released with positive recommendation.
SB172 / HB531 Required insurance - loaning money secured by real property.
CategoryInsurance General
SponsorsSen. Bill Ketron / Rep. David Shepard
DescriptionProhibits a person who is loaning money or extending credit that is secured by real property from requiring insurance that exceeds the value of the structures or the expected value of the structures on the real property.
Senate Status03/24/2015 - Senate Commerce & Labor Committee deferred to 03/30/15.
House Status03/19/2015 - Set for House Insurance & Banking Subcommittee 03/25/15.
SB329 / HB295 Legal Insurance Act - exemption for certain products and services.
CategoryInsurance General
SponsorsSen. Jim Tracy / Rep. Roger Kane
DescriptionExempts certain products and services provided to customers for a fee that include limited consultations with an attorney from regulation under the Tennessee Legal Insurance Act.
Senate Status03/24/2015 - Taken off notice in Senate Commerce & Labor Committee.
House Status03/24/2015 - Taken off notice in House Insurance & Banking Committee.
SB389 / HB453 Additional acts constituting unfair insurance practices.
CategoryInsurance General
SponsorsSen. Frank Niceley / Rep. Bill Dunn
DescriptionSpecifies additional acts that would constitute unfair insurance practices by insurers. Authorizes an insured alleging an unfair insurance practice to bring a civil cause of action against the insurer, person or entity for damages. Allows court to award three times the actual damages and other proper and necessary relief if the court finds that the unfair insurance practice was a willful or knowing violation of the law. Allows court to award reasonable attorney's fees and costs to insured person bring claim. Broadly captioned.
Senate Status03/24/2015 - Senate Commerce & Labor Committee deferred to 03/31/15.
House Status03/19/2015 - Set for House Insurance & Banking Subcommittee 03/25/15.
SB502 / HB900 Electronic transmission of captive insurance program annual report.
CategoryInsurance General
SponsorsSen. Jack Johnson / Rep. Ron Travis
DescriptionAllows the commissioner of commerce and insurance to compile and transmit the annual report on the captive insurance company program to the commerce and labor committee of the senate and the insurance and banking committee of the house in electronic format.
Senate Status02/12/2015 - Referred to Senate Commerce & Labor Committee.
House Status03/18/2015 - Taken off notice in House Insurance & Banking Subcommittee.
SB876 / HB1078 Study on commission and fees for negotiating and selling insurance.
CategoryInsurance General
SponsorsSen. Todd Gardenhire / Rep. Ron Travis
DescriptionRequires the department of commerce and insurance to conduct a study of the commissions, service fees, brokerage fees, and any other valuable consideration given to a person for selling, soliciting, or negotiating insurance in this state. Requires the department to report its findings to the senate commerce and labor committee and the insurance and banking committee of the house no later than January 1, 2016.
Senate Status03/24/2015 - Senate Commerce & Labor Committee deferred to 03/30/15.
House Status03/19/2015 - Set for House Insurance & Banking Subcommittee 03/25/15.
SB905 / HB1109 Travel Insurance Producer Limited License Act.
CategoryInsurance General
SponsorsSen. Jim Tracy / Rep. Patsy Hazlewood
DescriptionEnacts the "Travel Insurance Producer Limited License Act." Establishes a limited lines travel insurance producer license in order to allow a limited lines insurance producer to sell travel insurance through a licensed insurer. Establishes a $500 fee for the filing of an application for a limited lines travel insurance producer business entity license. Imposes several requirements upon any entity seeking a license, including the creation of a register, made by the travel insurance supervising entity, of each travel retailer offering travel insurance on the travel insurance supervising entity's behalf. Requires any travel retailer to make available written materials explaining certain information to prospective purchasers. Prohibits unlicensed insurance producers from holding themselves out as licensed producers or experts as well as providing advice on insurance coverage or interpreting technical terms of the offered travel insurance coverage.
Senate Status03/24/2015 - Senate Commerce & Labor Committee deferred to 03/30/15.
House Status03/19/2015 - Set for House Insurance & Banking Subcommittee 03/25/15.
SB1028 / HB1080 Discount to employees of insurer.
CategoryInsurance General
SponsorsSen. Bill Ketron / Rep. Ron Travis
DescriptionClarifies that it is not an unfair trade practice for an insurer to make or offer a discount in premium to producers and employees of the insurer.
Senate Status03/24/2015 - Senate Commerce & Labor Committee deferred to 03/30/15.
House Status03/19/2015 - Set for House Insurance & Banking Subcommittee 03/25/15.

Insurance Health - 4


SB54 / HB18 Copayments - primary care services rendered by physician's assistant.
CategoryInsurance Health
SponsorsSen. Mark Green / Rep. David Shepard
DescriptionProhibits a health insurance entity from charging a covered person a greater copayment or coinsurance amount for primary care services rendered during an office visit to a physician assistant than those charged for primary care services rendered during an office visit to a licensed physician.
AmendmentSenate amendment 1, House Insurance and Banking Committee amendment 1 (004100) specifies that it does not hinder an insurance company from imposing lower copayments or coinsurance for services rendered by providers with proven clinical outcomes. Clarifies that it applies to physician assistants licensed and, contracted or authorized, as a primary care practitioner by the health insurance entity. Exempts certain insurance plans. Specifies the effective date.
Senate Status03/19/2015 - Senate passed with amendment 1 (004100), which specifies that it does not hinder an insurance company from imposing lower copayments or coinsurance for services rendered by providers with proven clinical outcomes. Clarifies that it applies to physician assistants licensed and, contracted or authorized, as a primary care practitioner by the health insurance entity. Exempts certain insurance plans. Specifies the effective date.
House Status03/24/2015 - House Insurance & Banking Committee recommended with amendment 1 (004100), which specifies that it does not hinder an insurance company from imposing lower copayments or coinsurance for services rendered by providers with proven clinical outcomes. Clarifies that it applies to physician assistants licensed and, contracted or authorized, as a primary care practitioner by the health insurance entity. Exempts certain insurance plans. Specifies the effective date. Sent to House Calendar & Rules.
SJR91 Filing of lawsuit regarding fining of persons not having adequate health insurance.
CategoryInsurance Health
SponsorsSen. Mae Beavers
DescriptionRequests the Attorney General and Reporter to file a lawsuit against the federal government on behalf of Tennesseans who could be fined for not having adequate health insurance coverage as required by the federal Patient Protection and Affordable Care Act (Pub. L. 111-148, as amended).
Senate Status03/23/2015 - Senate adopted.
House StatusNone
SJR7001 Authorization of Insure Tennessee.
CategoryInsurance Health
SponsorsSen. Doug Overbey
DescriptionAuthorizes implementation of Insure Tennessee substantially as described in TennCare Demonstration Amendment #25.
Senate Status02/04/2015 - Failed in Senate Select Committee on Health and Welfare after a 7-4 vote. Voting No: Crowe, Bell, Bowling, Gardenhire, Kelsey, Niceley, Roberts. Voting Yes: Massey, Briggs, Jackson, Yarbro.
House StatusNone
HJR7001 Authorizes implementation of Insure Tennessee.
CategoryInsurance Health
SponsorsRep. Gerald McCormick
DescriptionAuthorizes the governor to do all that is necessary to implement Insure Tennessee substantially as described in TennCare Demonstration Amendment #25.
Senate StatusNone
House Status02/04/2015 - Withdrawn in House.

Judiciary - 66


SB1 / HB142 Appellate court judges - appointment process.
CategoryJudiciary
SponsorsSen. Brian K. Kelsey / Rep. Jon Lundberg
DescriptionEstablishes the procedure for the appointment, confirmation and retention of appellate court judges pursuant to Article VI, Section 3 of the Constitution of Tennessee. Provides that appellate judges shall be appointed by the governor and confirmed by the general assembly. Replaces the judicial nomination commission with the judicial confirmation committee, and outlines its organizational structure and duties with regards to the appointment of appellate judges. Establishes that upon receiving a recommendation through a resolution brought by a member of the judicial confirmation committee, both the house of representatives and senate shall vote to confirm or reject the appointee; if either of the two houses votes to reject the appointee, than the appointee is rejected regardless of whether the other houses votes on the question. Outlines the criteria to be followed for an incumbent appellate judge seeking reelection by retention. (15 pp.)
AmendmentHouse Civil Justice Committee amendment 1 (002037) specifies the confirmation process of the legislature. Establishes requirements, rules, and procedures in order to, during, and following enjoining of a legislative convention in order to approve or reject a nomination from the governor.
Senate Status01/17/2015 - Referred to Senate Judiciary Committee.
House Status03/24/2015 - House Finance Committee recommended. Sent to House Calendar & Rules.
SB19 / HB52 Lump-sum partial payments for court fees and litigation taxes.
CategoryJudiciary
SponsorsSen. Bill Ketron / Rep. Mike Carter
DescriptionAllows court clerk, subject to approval by a court of competent jurisdiction, to accept a lump-sum partial payment in full settlement for all court costs, fees, and litigation taxes owed and have been in default for over five years. Prohibits the court from approving a settlement unless the amount accepted is equal to or greater than 50 percent of the combined outstanding balance of all fines, costs, and litigation taxes due on the case.
Senate Status02/24/2015 - Senate Judiciary Committee recommended. Sent to Senate Finance.
House Status03/24/2015 - House Finance Committee recommended. Sent to House Calendar & Rules.
SB37 / HB282 Attorney general investigations concerning public officials.
CategoryJudiciary
SponsorsSen. Brian K. Kelsey / Rep. Mike Carter
DescriptionGives the attorney general and reporter concurrent jurisdiction with the appropriate district attorney general to investigate and initiate the criminal prosecution of public officials for corruption and misuse of public office. Defines "public official" as any person who holds an elected office in any branch of the state government or political subdivision.
Senate Status03/24/2015 - Senate Judiciary Committee deferred to 03/31/15.
House Status03/11/2015 - Taken off notice in House Civil Justice Subcommittee.
SB41 / HB144 Creation of task force on e-filing of documents in court system.
CategoryJudiciary
SponsorsSen. Brian K. Kelsey / Rep. Jon Lundberg
DescriptionRequires the speaker of the senate, the speaker of the house of representatives, and the chief justice of the supreme court to establish an advisory task force to review and propose a process to implement e-filing of documents in the state court system and to recommend any necessary statutory revisions and any funding required to effectuate e-filing in state courts. Also, requires the speaker of the senate, the speaker of the house of representatives, and the chief justice of the supreme court to establish an advisory task force to review and propose any necessary statutory revisions regarding the appointment of counsel for indigent defendants.
Senate Status03/24/2015 - Senate Judiciary Committee deferred to 03/31/15.
House Status03/24/2015 - Referred to House Finance Subcommittee.
SB60 / HB55 New circuit judge position created for 19th judicial district.
CategoryJudiciary
SponsorsSen. Mark Green / Rep. Curtis G. Johnson
DescriptionCreates a new circuit court judge position for the 19th judicial district that shall be appointed by the governor and will serve until September 1, 2016. Requires the position to be elected by voters during the August 2016 general election and will hold office until September 1, 2022. Thereafter, the position will be for a full eight year term.
Senate Status02/24/2015 - Senate Judiciary Committee recommended. Sent to Senate Finance.
House Status03/11/2015 - House Finance Subcommittee placed behind the budget.
SB166 Allowing use of victim's photograph in trial.
CategoryJudiciary
SponsorsSen. Janice Bowling
DescriptionAllows for the admittance of a victim's photograph at trial in cases involving the death of the victim, if the photograph is a reasonable depiction of the victim.
Senate Status02/11/2015 - Referred to Senate Judiciary Committee.
House StatusNone
SB282 / HB1256 Salary increase - assistant district attorneys.
CategoryJudiciary
SponsorsSen. Becky Duncan Massey / Rep. David B. Hawk
DescriptionAuthorizes reinstatement of annual service compensation step for assistant district attorneys. Authorizes reinstatement of said step effective July 1, 2015.
Senate Status03/03/2015 - Senate Judiciary Committee recommended. Sent to Senate Finance.
House Status03/25/2015 - House Finance Subcommittee deferred to last calendar.
SB370 / HB220 Transfer from small claims docket to regular claims docket.
CategoryJudiciary
SponsorsSen. Sara Kyle / Rep. Sherry Jones
DescriptionRequires party seeking to remove claim from small claims docket to the regular docket to provide notice of request to the claim commission, which will then notify all other parties to the claim. Broadly captioned.
Senate Status02/11/2015 - Referred to Senate Judiciary Committee.
House Status02/11/2015 - Referred to House Civil Justice Subcommittee.
SB371 / HB296 Prohibited discrimination - sexual orientation and gender identity.
CategoryJudiciary
SponsorsSen. Sara Kyle / Rep. Sherry Jones
DescriptionAdds sexual orientation and gender identity or expression to the list of characteristics protected from discrimination or harassment in employment, public accommodations, housing, financing, insurance, education, in places where alcoholic beverages are consumed, real estate, public utilities, tax exemptions, the profession of healing arts, health facilities, and welfare in the state. Creates criminal violation of civil rights intimidation based on sexual orientation and gender identity or expression.
Senate Status02/11/2015 - Referred to Senate Judiciary Committee.
House Status03/19/2015 - Set for House Consumer & Human Resources Subcommittee 03/25/15.
SB408 / HB526 Certain state trial court judges commissioned as senior judges.
CategoryJudiciary
SponsorsSen. Doug Overbey / Rep. Ryan A. Haynes
DescriptionPermits supreme court to commission a state trial court judge who was not reelected following the judge's most recent term of judicial service if the judge served at least a full eight-year term.
Senate Status03/24/2015 - Senate Judiciary Committee deferred to 03/31/15.
House Status03/25/2015 - Taken off notice in House Civil Justice Subcommittee.
SB441 / HB319 Revisions to judicial forfeitures.
CategoryJudiciary
SponsorsSen. Doug Overbey / Rep. Mark White
DescriptionClarifies that for certain types of forfeited property state must establish by a preponderance of evidence that property was used as an instrumentality in or used in furtherance of a violation of law and that rebuttable presumption that forfeiture is proper does not apply to that type of property. Specifies that petition to have forfeited property returned can be initiated in the court of record that has criminal jurisdiction in the judicial district. Broadly captioned.
Senate Status03/24/2015 - Senate Judiciary Committee deferred to 03/31/15.
House Status03/24/2015 - Set for House Floor Regular Calendar 03/26/15.
SB442 / HB632 Objection to the admission of cellular phone data evidence.
CategoryJudiciary
SponsorsSen. Doug Overbey / Rep. Dawn White
DescriptionProvides that only a person who had a reasonable expectation of privacy in a searched cellular phone may object to the admission of evidence of cellular phone data or evidence derived from the data.
Senate Status03/24/2015 - Senate Judiciary Committee deferred to 03/31/15.
House Status03/24/2015 - House Criminal Justice Subcommittee recommended. Sent to House Criminal Justice Committee.
SB457 / HB582 Required medical examinations during elder abuse investigations.
CategoryJudiciary
SponsorsSen. Mike Bell / Rep. Jim Coley
DescriptionGives law enforcement agencies, in addition to the department of human resources, the authority to require a medical examination of a person if the agency is not sure the adult is in imminent danger during the course of an elder abuse investigation. Broadly captioned.
Senate Status03/23/2015 - Senate passed.
House Status03/19/2015 - Set for House Health Committee 03/25/15.
SB471 / HB627 Person who is 70 or older may be excused from jury duty.
CategoryJudiciary
SponsorsSen. Mike Bell / Rep. Mary Littleton
DescriptionProvides that a person who is 70 years of age or older may be excused from jury duty. Requires the process for being excused to be included on juror summons following exhaustion of current supplies.
Senate Status02/12/2015 - Referred to Senate Judiciary Committee.
House Status03/04/2015 - Taken off notice in House Civil Justice Subcommittee.
SB479 / HB738 Expands the number of legislative committees to receive reports.
CategoryJudiciary
SponsorsSen. Mike Bell / Rep. Dan Howell
DescriptionRequires the administrative director of the courts to file a report following the appointment of additional senior justices or judges to additional legislative committees. Broadly captioned.
Senate Status02/12/2015 - Referred to Senate Judiciary Committee.
House Status02/19/2015 - Referred to House Civil Justice Subcommittee.
SB483 / HB160 General assembly - direct attorney general to file civil action.
CategoryJudiciary
SponsorsSen. Mike Bell / Rep. Glen Casada
DescriptionAuthorizes the general assembly to direct the attorney general and reporter to initiate or withdraw from a civil action on behalf of the state. Allows the general assembly to employ legal counsel to advise it on matters related to such actions.
Senate Status02/12/2015 - Referred to Senate Judiciary Committee.
House Status03/18/2015 - Taken off notice in House Civil Justice Subcommittee.
SB544 / HB544 Senior General Sessions and Juvenile Judge Enabling Act.
CategoryJudiciary
SponsorsSen. Ken Yager / Rep. Mike Carter
DescriptionEnacts the "Senior General Sessions and Juvenile Judge Enabling Act," which enables the creation of a program whereby the supreme court can designate a senior general sessions or juvenile judge to relieve court congestion in a needed area. Specifies the requirements for a judge to be eligible to serve in such capacity. Provides that funding for the program shall come from an increase of $1.00 on the $5.00 fee assessed against each traffic citation resulting in conviction. Specifies that senior judges serving in such capacity shall be paid $100 per hour, but are not entitled to participate in the state's insurance and benefits program.
Senate Status03/17/2015 - Senate Judiciary Committee recommended with amendment 1 (003738) and amendment 2 (004221). Sent to Senate Finance.
House Status03/10/2015 - House Civil Justice Committee recommended. Sent to House Finance.
SB608 / HB626 Use of mechanical restraints on a child.
CategoryJudiciary
SponsorsSen. Frank Niceley / Rep. Mary Littleton
DescriptionAuthorizes judge in certain court hearings to order child to be handcuffed, restraint belts, jacket restraints, or footcuffs if necessary to prevent flight or physical harm to the child or another person. Requires judge to give child and child's attorney an opportunity to object to the restraints prior to use unless judge determines it is an emergency. Requires judge to make written findings of fact when restraints are used.
Senate Status03/17/2015 - Senate Judiciary Committee deferred to 04/14/15.
House Status03/19/2015 - Set for House Civil Justice Subcommittee- Final Calendar 03/25/15.
SB611 / HB805 Licensed social workers exempt from subpoena to trial.
CategoryJudiciary
SponsorsSen. Steven Dickerson / Rep. Joe Pitts
DescriptionAdds licensed social workers to the list of deponents exempt from subpoena to trial but subject to subpoena to a deposition.
Senate Status02/12/2015 - Referred to Senate Judiciary Committee.
House Status03/04/2015 - Taken off notice in House Civil Justice Subcommittee.
SB649 / HB141 Task force on implementing e-filing in Tennessee's court system.
CategoryJudiciary
SponsorsSen. Brian K. Kelsey / Rep. Jon Lundberg
DescriptionRequires the speaker of the senate, the speaker of the house of representatives, and the chief justice of the supreme court to establish an advisory task force to review and propose a process to implement e-filing of documents in the court system by July 1, 2015. Creates a task force on revising the process of appointment of counsel for indigent defendants.
Senate Status03/24/2015 - Senate Judiciary Committee recommended with amendment 1 (005054) and amendment 2 as amended. Sent to Senate Calendar Committee.
House Status03/19/2015 - Set for House Civil Justice Subcommittee- Final Calendar 03/25/15.
SB698 / HB792 Procedure for appointment and confirmation of appellate court judges.
CategoryJudiciary
SponsorsSen. John Stevens / Rep. Leigh Rosser Wilburn
DescriptionEstablishes procedure for the appointment and confirmation of appellate court judges in accordance with Article VI, Section 3 of the Tennessee Constitution. (15 pp.)
Senate Status02/18/2015 - Referred to Senate Judiciary Committee.
House Status03/19/2015 - Set for House Civil Justice Subcommittee- Final Calendar 03/25/15.
SB764 / HB666 Three year statute of limitations for personal injury actions.
CategoryJudiciary
SponsorsSen. Todd Gardenhire / Rep. Andrew Farmer
DescriptionExtends statute of limitations for personal injury causes of action to three years, instead of one year, after the cause of action accrued.
Senate Status02/18/2015 - Referred to Senate Judiciary Committee.
House Status02/19/2015 - Referred to House Civil Justice Subcommittee.
SB819 / HB1285 Limits defendants named in a healthcare liability action.
CategoryJudiciary
SponsorsSen. Brian K. Kelsey / Rep. Jeremy Durham
DescriptionClarifies that a health care liability action against a licensee may be brought only against the licensee, the licensee's management company, the licensee's managing employees, or an individual caregiver who provided direct health care services, whether an employee or independent contractor. Excludes a passive investor. Prohibits a cause of action unless, after a hearing on a motion for leave to amend, the court or arbitrator determines there is sufficient evidence in the record or proffered by the claimant to establish a reasonable showing that: 1) A duty of care existed and there was a breach of that duty; and 2) The breach of that duty is a legal cause of loss, injury, death, or damage to the claimant. Specifies that when determining the statute of limitations in a health care liability action, the date of the original pleading shall control regardless of whether there are amended pleadings or substituted or added parties.
Senate Status02/18/2015 - Referred to Senate Judiciary Committee.
House Status03/19/2015 - Set for House Civil Justice Subcommittee- Final Calendar 03/25/15.
SB854 / HB890 Investigations of officer-involved deaths.
CategoryJudiciary
SponsorsSen. Frank Niceley / Rep. Jeremy Faison
DescriptionRequires law enforcement agency to have a written policy regarding the investigation of officer-involved deaths that involve a law enforcement officer employed by the law enforcement agency. Requires the investigation to be conducted by at least two disinterested investigators. Requires investigators conducting the investigation to provide a complete report to the district attorney of the county in which the officer-involved death occur. Requires the report to be made public if the district attorney determines there is no basis to prosecute the law enforcement officer involved in the officer-involved death.
Senate Status03/24/2015 - Taken off notice in Senate Judiciary Committee.
House Status03/24/2015 - House Criminal Justice Subcommittee deferred to 2016.
SB861 / HB887 Granting certain petitions in healthcare liability actions.
CategoryJudiciary
SponsorsSen. Sara Kyle / Rep. Craig Fitzhugh
DescriptionAuthorizes, rather than requires, a court to grant a petition for a qualified protective order in healthcare liability actions.
Senate Status02/19/2015 - Referred to Senate Judiciary Committee.
House Status03/25/2015 - Taken off notice in House Civil Justice Subcommittee.
SB867 / HB1220 Hearings on seized property - changes in periods of time to file.
CategoryJudiciary
SponsorsSen. Sara Kyle / Rep. Joe Towns Jr.
DescriptionIncreases the amount of time, from 30 days to 45 days, a person asserting a claim to seized property has to request a hearing. Increases the amount of time that the applicable agency has to schedule a hearing date to 45 days, instead of 30 days, from the day the claim is filed. Broadly captioned.
Senate Status02/19/2015 - Referred to Senate Judiciary Committee.
House Status03/24/2015 - Taken off notice in House Criminal Justice Subcommittee.
SB927 Continuing education for judicial commissioners.
CategoryJudiciary
SponsorsSen. Kerry Roberts
DescriptionRequires Robertson County to levy $2.00 litigation tax on all criminal charges to fund continuing education for judicial commissioners. Deletes provision specifying that funds from the judicial commissioner continuing education account cannot be used to fund continuing education programs in Robertson County. Allows a county legislative body that previously voted to allow judicial commissioners to receive 12 hours of continuing education under the supervision of the appointing general sessions judges to revoke such authorization by a two-thirds majority vote of the legislative body.
Senate Status03/17/2015 - Taken off notice in Senate Judiciary Committee.
House StatusNone
SB991 / HB486 Cause of action - physical invasion of privacy.
CategoryJudiciary
SponsorsSen. Mark S. Norris / Rep. Ryan Williams
DescriptionEstablishes civil cause of action against any person for physical invasion of privacy or for attempting to capture a visual image, sound recording, or any other physical impression of a person engaging in personal or familial activities so long as that individual has a reasonable expectation of privacy, regardless of whether a physical trespass occurred. Imposes civil liability, under limited circumstances, for the publication or other use of images or recordings captured through such violation. Establishes exceptions for law enforcement activities.
Senate Status02/19/2015 - Referred to Senate Judiciary Committee.
House Status03/11/2015 - House Civil Justice Subcommittee deferred to summer study.
SB997 / HB1161 Revisions to Tennessee Litigation Financing Consumer Protection Act.
CategoryJudiciary
SponsorsSen. Todd Gardenhire / Rep. Susan Lynn
DescriptionAllows a litigation financier to attempt to use arbitration or effect a waiver of a consumer's right to jury trial. Allows a litigation financier to assign a litigation financing contract. Authorizes revisions of other various provisions of the Tennessee Litigation Financing Consumer Protection Act.
Senate Status03/24/2015 - Senate Commerce & Labor Committee deferred to 03/30/15.
House Status03/19/2015 - Set for House Insurance & Banking Subcommittee 03/25/15.
SB1000 / HB1093 TACIR study - whether homestead exemption should increase.
CategoryJudiciary
SponsorsSen. Frank Niceley / Rep. Joe E. Armstrong
DescriptionRequires TACIR to study the current homestead exemption amounts and decide whether the exemptions should be increased to accurately reflect the cost of living. Requires TACIR to report various categories of homestead exemptions and compare each category to the exemptions of other states.
Senate Status03/19/2015 - Senate passed.
House Status03/24/2015 - House State Government Committee recommended. Sent to House Calendar & Rules.
SB1001 / HB1096 Abolishes civil forfeiture of property used in commission of crime.
CategoryJudiciary
SponsorsSen. Frank Niceley / Rep. Timothy Hill
DescriptionAbolishes civil forfeiture of property used in the commission of a crime. Specifies that forfeiture of property acquired by, or received in, violation of the law under the criminal code remains enforceable. Makes technical changes reflecting the abolishment of certain civil forfeitures. Creates alcohol and drug addiction treatment fund, administered by the department of mental health and substance abuse services, to fund costs of alcohol, drug, and gambling addiction treatment. Clarifies that ignition interlock systems for indigent persons are to be paid for out of the interlock assistance fund and not the alcohol and drug addiction treatment fund. Broadly captioned.
Senate Status02/19/2015 - Referred to Senate Judiciary Committee.
House Status03/25/2015 - House Civil Justice Subcommittee recommended. Sent to House Civil Justice Committee.
SB1009 / HB1025 Sets reimbursement rate for indigent counsel to $100 per hour.
CategoryJudiciary
SponsorsSen. Lee Harris / Rep. Mike Stewart
DescriptionRequires that the rules adopted by the supreme court that establish compensation rates for appointed counsel of indigent defendants set a minimum hourly rate of $100.
Senate Status03/24/2015 - Taken off notice in Senate Judiciary Committee.
House Status03/25/2015 - House Civil Justice Subcommittee deferred to 2016.
SB1100 / HB1087 Court reporters' conflicts with parties in a deposition checked.
CategoryJudiciary
SponsorsSen. Doug Overbey / Rep. Curtis Halford
DescriptionRequires person taking a deposition to disclose all conflicts by submitting a specific written stipulation to all parties of record. Specifies when objection to reporter must take place. Prohibits reporter from giving an advantage to one party, payment being contingent on the outcome of the action, providing other advocacy or litigation support to a party, or cost of deposition differing between parties except in certain circumstances. Specifies the format of the deposition transcript. Specifies penalty for violation of rules. Prohibits parties from waiving certain rules. Removes engaging in a sexual relationship with one of the parties, or an attorney for one of the parties, in the past two years as a conflict.
Senate Status02/19/2015 - Referred to Senate Judiciary Committee.
House Status02/24/2015 - Referred to House Civil Justice Subcommittee.
SB1101 / HB1120 Creates additional assistant public defender positions.
CategoryJudiciary
SponsorsSen. Doug Overbey / Rep. Raumesh Akbari
DescriptionCreates six additional assistant public defender positions to be added to judicial districts where additional judgeships with criminal jurisdiction were added since 2007. Requires reinstatement of the statutory salary increase for assistant public defenders.
AmendmentHouse Criminal Justice Committee amendment 1 (003937) deletes Section 2 of the bill.
Senate Status02/19/2015 - Referred to Senate Judiciary Committee.
House Status03/25/2015 - House Criminal Justice Committee recommended with amendment 1 (003937). Sent to House Finance.
SB1119 / HB630 Davidson County - litigation tax on general sessions court cases.
CategoryJudiciary
SponsorsSen. Jeff Yarbro / Rep. Bill Beck
DescriptionRemoves restriction that prohibits Davidson County from imposing a litigation tax on cases in general sessions court. Requires proceeds to support the general sessions court.
Senate Status03/19/2015 - Senate passed.
House Status03/24/2015 - House Finance Committee deferred to 03/31/15.
SB1121 / HB554 Parental rights with respect to child conceived during rape.
CategoryJudiciary
SponsorsSen. Jeff Yarbro / Rep. Craig Fitzhugh
DescriptionProhibits person convicted of rape, aggravated rape, or rape of a child from having custody, visitation, or inheritance rights with respect to child conceived during such crime. Authorizes other parent of child to waive prohibition of rights. Directs court to establish child support obligation against convicted father unless waived by the department of human services and the other parent, if other parent is contributing to support of child.
Senate Status03/24/2015 - Senate Judiciary Committee recommended. Sent to Senate Calendar Committee.
House Status03/19/2015 - House passed.
SB1138 / HB22 Disclosure of expunged offenses by applicant prohibited.
CategoryJudiciary
SponsorsSen. Reginald Tate / Rep. Brenda Gilmore
DescriptionProhibits institutions of higher education and employers from asking applicants about expunged offenses. Creates a civil offense against the employer for each separate offense.
Senate Status03/24/2015 - Senate Commerce & Labor Committee deferred to 03/30/15.
House Status01/17/2015 - Referred to House Consumer & Human Resources Subcommittee.
SB1169 / HB961 Judicial nominating commission - state trial court vacancies.
CategoryJudiciary
SponsorsSen. John Stevens / Rep. David B. Hawk
DescriptionEstablishes the judicial nominating commission for the purpose of assisting the governor in appointing qualified persons to serve as judges in the state trial courts. Specifies how members of the commission are chosen, the term of the appointment to the commission, and the qualifications to serve on the commission. Specifies process by which the commission must submit qualified judicial nominees to the governor from which to choose the appointee. Specifies the qualifications and term of the appointed judge. Requires TBI or other appropriate agency to perform financial and criminal background investigations on prospective appointees. Specifies that the commission terminates on June 30, 2017. Removes references to the judicial performance evaluation program. Broadly captioned. (10 pp.)
Senate Status02/19/2015 - Referred to Senate Government Operations Committee.
House Status03/25/2015 - Taken off notice in House Civil Justice Subcommittee.
SB1190 / HB989 Revives the informed consent and waiting period statute for abortion.
CategoryJudiciary
SponsorsSen. Mae Beavers / Rep. Debra Moody
DescriptionRevives and reenacts the informed consent and waiting period statute for abortion that was in effect prior to the decision in Planned Parenthood of Middle Tennessee, et. al. v. Sundquist. 38 S.W. 3d 1 (Tenn. 2000).
Senate Status02/19/2015 - Referred to Senate Judiciary Committee.
House Status02/24/2015 - Referred to House Health Subcommittee.
SB1202 / HB222 Privileged communication - emergency personnel and certain counselors.
CategoryJudiciary
SponsorsSen. Jeff Yarbro / Rep. Sherry Jones
DescriptionEstablishes communications, made between certain emergency personnel and designated peer support group counselors, as privileged. Specifies that peer support counselors should not be compelled to testify in a proceeding without the consent of the personnel who received counseling. Specifies that privilege does not apply if a peer support counselor was an initial responding emergency personnel.
Senate Status02/19/2015 - Referred to Senate Judiciary Committee.
House Status02/11/2015 - Referred to House Civil Justice Subcommittee.
SB1236 / HB1182 Settlement agreements in forfeiture hearings.
CategoryJudiciary
SponsorsSen. Mike Bell / Rep. Martin Daniel
DescriptionRequires any negotiated settlement agreement in a forfeiture case to be documented in writing, signed by both parties, and filed with the court in which the forfeiture hearing would have been held.
Senate Status02/19/2015 - Referred to Senate Judiciary Committee.
House Status03/19/2015 - Set for House Civil Justice Subcommittee- Final Calendar 03/25/15.
SB1242 / HB1259 Procedure for person to take bar regardless of law school attendance.
CategoryJudiciary
SponsorsSen. Mike Bell / Rep. John Mark Windle
DescriptionDirects the state supreme court to establish rules allowing a person to apply for and take the Tennessee bar examination without graduating from law school. Specifies that, regardless of whether a person graduated from law school, successful bar passage makes person eligible to practice law. Prohibits court from establishing a rule limiting the number of times a person may take the Tennessee bar examination.
Senate Status02/26/2015 - Withdrawn in Senate.
House Status02/24/2015 - Referred to House Civil Justice Subcommittee.
SB1269 / HB1306 Certain supreme court meetings are open to public.
CategoryJudiciary
SponsorsSen. Ken Yager / Rep. Mike Carter
DescriptionRequires any meeting of supreme court justices where voting for a candidate for the office of attorney general and reporter occurs to be subject to the open meetings law.
Senate Status02/19/2015 - Referred to Senate Judiciary Committee.
House Status03/19/2015 - Set for House Civil Justice Subcommittee- Final Calendar 03/25/15.
SB1277 / HB400 Electronic testimony in criminal trials.
CategoryJudiciary
SponsorsSen. Ken Yager / Rep. Curtis Halford
DescriptionAuthorizes use of previously recorded testimony and live video transmission testimony during trial in certain circumstances. Specifies requirements and procedures for using these types of testimony. Broadly captioned.
AmendmentHouse Civil Justice Subcommittee amendment 1 (004195) deletes and substitutes language from Section 1(c) of the original bill that required a judge to allow-recorded or live-transmitted testimony in lieu of personal appearance of a witness. The substitute language allows a judge to allow such testimony, but does not require it. The judge is required by both the original language and the substituted language to make specific findings before authorizing testimony other than by personal appearance.
Senate Status02/19/2015 - Referred to Senate Judiciary Committee.
House Status03/24/2015 - House Civil Justice Committee deferred to 03/31/15.
SB1296 / HB1335 Jury service reforms.
CategoryJudiciary
SponsorsSen. Brian K. Kelsey / Rep. Jerry Sexton
DescriptionCreates jury service reforms including a reduction of jury service terms, protections to small businesses, provisions for allowing a juror to select a service date from a list of dates, and additional reforms. Allows employer with fewer than five employees to postpone jury service of an employee if certain conditions exist.
Senate Status03/24/2015 - Senate Judiciary Committee deferred to 03/31/15.
House Status03/19/2015 - Set for House Civil Justice Subcommittee- Final Calendar 03/25/15.
SB1323 / HB790 Allows a party's attorney to request a prehearing conference.
CategoryJudiciary
SponsorsSen. Randy McNally / Rep. Eddie Smith
DescriptionAuthorizes a party's attorney to request a prehearing conference in any contested case that is set for a hearing.
Senate Status02/19/2015 - Referred to Senate Judiciary Committee.
House Status02/19/2015 - Referred to House Civil Justice Subcommittee.
SB1324 / HB241 Funding for attorneys representing indigent criminal defendants.
CategoryJudiciary
SponsorsSen. Randy McNally / Rep. Curry Todd
DescriptionDeletes provision requiring local governments to match increase in funding to district attorney general with increase in funding for public defenders office for the purpose of indigent criminal defense equal to at least 75 percent of that for the district attorney general. Broadly captioned.
Senate Status03/17/2015 - Senate Judiciary Committee deferred to 04/07/15.
House Status03/18/2015 - House Civil Justice Subcommittee deferred to summer study.
SB1350 / HB1354 Permits counties to impose certain litigation taxes.
CategoryJudiciary
SponsorsSen. Randy McNally / Rep. Kent Calfee
DescriptionAuthorizes county legislative bodies to levy privilege tax on litigation in all civil and criminal cases in the general sessions, juvenile, and municipal courts in the county. Requires revenue from privilege tax to be used exclusively to support substance abuse prevention coalitions operating in the county, or to establish a substance abuse prevention coalition in the county. Sets forth criteria for substance abuse prevention coalitions that can receive funds.
AmendmentSenate Judiciary Committee Amendment 1 (004623) sets the maximum privilege tax that can be levied at $25. SENATE JUDICIARY COMMITTEE AMENDMENT 2 removes the word "all" and inserts the word "or" between "civil" and "criminal."
Senate Status03/24/2015 - Senate Judiciary Committee recommended with amendments 1 and 2. Amendment 1 (004623) sets the maximum privilege tax that can be levied at $25. Amendment 2 removes the word "all" and inserts the word "or" between "civil" and "criminal." Sent to Senate Calendar Committee.
House Status03/25/2015 - Failed in House Civil Justice Subcommittee.
SB1353 / HB472 Creates 31 additional assistant district attorney general positions.
CategoryJudiciary
SponsorsSen. Randy McNally / Rep. Ryan A. Haynes
DescriptionCreates 31 additional assistant district attorney general positions. Provides that the district attorney general conference must prepare a report with recommendations as to which judicial districts the additional positions should be designated by October 1, 2015. Specifies that upon filing the report with the speakers of the house of representatives and senate, the district attorney generals recommended to receive the additional positions are authorized to fill the positions.
Senate Status02/19/2015 - Referred to Senate Judiciary Committee.
House Status03/25/2015 - House Criminal Justice Committee recommended. Sent to House Calendar & Rules.
SB1396 / HB1330 Indigency hearings required prior to suspending certain costs.
CategoryJudiciary
SponsorsSen. Kerry Roberts / Rep. Roger Kane
DescriptionRequires judge to conduct a determination of indigency hearing before suspending a defendant's court costs and litigation tax, if a hearing to establish indigency had not already been conducted.
Senate Status03/24/2015 - Senate Judiciary Committee deferred to 03/31/15.
House Status03/24/2015 - Taken off notice in House Criminal Justice Subcommittee.
SB1398 / HB703 Source of continuing education for judicial commissioners.
CategoryJudiciary
SponsorsSen. Kerry Roberts / Rep. Sabi Kumar
DescriptionRequires Robertson County to impose a $2.00 litigation tax on all criminal charges to be deposited into the judicial commissioner continuing education account to fund continuing education. Authorizes counties that previously voted to allow judicial commissioners to receive some of the required training under the supervision of the appointing general sessions judge, rather than the Judicial Commissioners Association of Tennessee or the Tennessee Court Clerks Association, to rescind that action by a two-thirds majority vote of its county legislative body.
Senate Status02/23/2015 - Referred to Senate Delayed Bills Committee.
House Status03/25/2015 - House Finance Subcommittee recommended. Sent to House Finance Committee.
SJR17 Constitutional amendment - popular election of attorney general and reporter.
CategoryJudiciary
SponsorsSen. Mae Beavers
DescriptionProposes an amendment to Article VI, Section 5 of the state constitution to provide for popular election of the attorney general and reporter for a regular term of four years.
Senate Status01/17/2015 - Referred to Senate Judiciary Committee.
House StatusNone
SJR63 Popular election of attorney general.
CategoryJudiciary
SponsorsSen. Mae Beavers
DescriptionProposes amendment of Article VI, Section 5, to provide for popular election of the attorney general and reporter for a regular term of six years.
Senate Status03/03/2015 - Senate Judiciary Committee recommended. Sent to Senate Calendar Committee.
House StatusNone
SJR75 Constitutional amendment - appointment of AG and reporter.
CategoryJudiciary
SponsorsSen. Ken Yager
DescriptionProposes an amendment of Article VI, Section 5 to provide for appointment of an attorney general and reporter for the state by joint vote of the general assembly.
Senate Status03/24/2015 - Taken off notice in Senate Judiciary Committee.
House StatusNone
SR12 Ratifies amendments to the Tennessee Rules of Criminal Procedure.
CategoryJudiciary
SponsorsSen. Brian K. Kelsey
DescriptionRatifies amendments and revisions to the Tennessee Rules of Criminal Procedure.
Senate Status03/04/2015 - Signed by Senate speaker.
House StatusNone
SR13 Ratifies amendments to the Tennessee Rules of Appellate Procedure.
CategoryJudiciary
SponsorsSen. Brian K. Kelsey
DescriptionRatifies and approves amendments and revisions to the Tennessee Rules of Appellate Procedure.
Senate Status03/04/2015 - Signed by Senate speaker.
House StatusNone
HB784 Attorney's fees in civil action against LEA.
CategoryJudiciary
SponsorsRep. Sheila Butt
DescriptionAuthorizes a judge to require a party who filed a civil rights action against a local education agency or its officials that was dismissed for failure to state a claim to pay costs and reasonable and necessary attorney's fees incurred in the proceedings. Broadly Captioned.
Senate StatusNone
House Status02/18/2015 - Referred to House Education Administration and Planning Subcommittee.
HJR10 Constitutional amendment - popular election of attorney general and reporter.
CategoryJudiciary
SponsorsRep. Craig Fitzhugh
DescriptionProposes an amendment to Article VI, Section 5 of the state constitution to provide for popular election of the attorney general and reporter for a regular term of eight years.
Senate StatusNone
House Status03/04/2015 - House Civil Justice Subcommittee deferred to last calendar.
HJR54 Urges supreme court to provide free online access to oral arguments.
CategoryJudiciary
SponsorsRep. Jim Coley
DescriptionUrges the supreme court to adopt rules providing free online public access to video of supreme court oral arguments.
Senate StatusNone
House Status03/18/2015 - House Finance Subcommittee placed behind the budget.
HJR71 Constitutional amendment - liberties not from government but God.
CategoryJudiciary
SponsorsRep. James (Micah) Van Huss
DescriptionProposes an amendment to the Constitution of Tennessee recognizing that our liberties do not come from governments, but from Almighty God, our Creator and Savior.
Senate StatusNone
House Status03/25/2015 - House Civil Justice Subcommittee recommended with amendment 1 (003832). Sent to House Civil Justice Committee.
HJR72 Constitutional amendment - election of attorney general and reporter.
CategoryJudiciary
SponsorsRep. Mark Pody
DescriptionProposes amendment of Article VI, Section 5, to provide for the popular election of the attorney general and reporter for a regular term of six years.
Senate StatusNone
House Status03/11/2015 - Failed in House Civil Justice Subcommittee.
HJR73 Limiting Justices of U.S. Supreme Court to one 12-year term of office.
CategoryJudiciary
SponsorsRep. James (Micah) Van Huss
DescriptionUrges Congress to propose an amendment to the Constitution of the United States to limit Justices of the United States Supreme Court to a single 12-year term of office.
Senate StatusNone
House Status03/11/2015 - Taken off notice in House Civil Justice Subcommittee.
HJR83 Constitutional amendment to exercise powers and duties of the governor during disability.
CategoryJudiciary
SponsorsRep. Joe E. Armstrong
DescriptionProposes an amendment to Article III, Section 12 of the Constitution of Tennessee to provide for the exercise of powers and duties of the governor during disability.
Senate StatusNone
House Status03/24/2015 - Referred to House Finance Subcommittee.
HJR91 Constitutional amendment - terms of judges set by the general assembly.
CategoryJudiciary
SponsorsRep. Larry J. Miller
DescriptionProposes a constitutional amendment to provide that the terms of circuit, chancery, and other inferior court judges be set by the general assembly, rather than the eight year terms currently required by the state Constitution.
Senate StatusNone
House Status03/25/2015 - House Civil Justice Subcommittee deferred to 2016.
HR3 Revisions to the Tennessee Rules of Appellate Procedure.
CategoryJudiciary
SponsorsRep. Jon Lundberg
DescriptionRatifies and approves the amendments and revisions to the Tennessee Rules of Appellate Procedure, as adopted by the supreme court.
Senate StatusNone
House Status03/17/2015 - Signed by House speaker.
HR4 Revisions to the Tennessee Rules of Criminal Procedure.
CategoryJudiciary
SponsorsRep. Jon Lundberg
DescriptionRatifies and approves the amendments and revisions to the Tennessee Rules of Criminal Procedure, as adopted by the supreme court.
Senate StatusNone
House Status03/17/2015 - Signed by House speaker.

Labor Law - 3


SB721 / HB997 Enacts Tennessee Employee Injury Benefit Alternative.
CategoryLabor Law
SponsorsSen. Mark Green / Rep. Jeremy Durham
DescriptionCreates the "Tennessee Employee Injury Benefit Alternative", which provides qualified employers in the state an alternative to the Tennessee workers' compensation system. Establishes eligibility requirements for employers to opt out of the current workers' compensation system and establish an alternative plan. Specifies that an alternative benefit plan provided by an employer who opts out must include the following: (1) medical expenses coverage for at least 156 weeks and $300,000 per employee; (2) temporary total disability benefits beginning on the fourth day of disability, of at least 70 percent of the employee's average weekly wages up to 110 percent of the state average weekly wage, for at least 156 weeks; and (3) death and scheduled dismemberment benefits up to $300,000 per employee. Establishes other responsibilities of a covered employer, such as providing notice to each of its employees regarding the switch to the alternative benefits plan. Provides that a qualified employer may self-fund or insure benefits and liabilities with any insurance carrier authorized to do business in this state, provided, however, that the coverage must be from an admitted or non-admitted by approved insurer with an AM Best Rating of A- or better. Establishes other provisions regarding an alternative plan provided by an eligible employer, including the process for an employee under such a plan to bring a cause of action against the eligible employer. Establishes within the Tennessee insurance guaranty association a Tennessee guaranty fund, for the purpose of continuing benefits provided under an alternative plan that are due or unpaid as a result of an inability of the insurer or employer to meet its obligation. Broadly Captioned. (23 pp.)
Senate Status03/24/2015 - Senate Commerce & Labor Committee deferred to 03/30/15.
House Status03/19/2015 - Set for House Consumer & Human Resources Subcommittee 03/25/15.
Executive Status03/23/2015 - Workers' Compensation Advisory Council released to standing committees with unfavorable comment.
SB864 / HB903 Tennessee Pay Equality Act.
CategoryLabor Law
SponsorsSen. Sara Kyle / Rep. John Ray Clemmons
DescriptionEnacts the "Tennessee Pay Equality Act." Prohibits an employer from discriminating on the basis of sex by paying any employee a wage rate less than the wage rates the employer pays to any employee of the opposite sex. Establishes the employer as liable to the employee or employees affected in at least the amount of their unpaid wages. Establishes a Class A misdemeanor for certain violations. Allows economic council on women to conduct certain research.
Senate Status03/24/2015 - Senate Commerce & Labor Committee deferred to 03/31/15.
House Status03/19/2015 - Set for House Consumer & Human Resources Subcommittee 03/25/15.
SB1063 / HB1257 State's minimum hourly wage rate.
CategoryLabor Law
SponsorsSen. Lee Harris / Rep. Johnnie Turner
DescriptionRequires the commissioner of labor and workforce development to set the state's minimum hourly wage rate at not less than $10.10 per hour and requires the commissioner to adjust the rate annually to reflect inflation in accordance with the consumer price index. Establishes a cause of action for employees if employers violate the state's minimum hourly wage rate. Sets the wage rate paid to blind persons employed by the state to the greater of the state minimum hourly wage rate or the federal minimum wage as provided by the Fair Labor Standards Act.
Senate Status03/24/2015 - Senate Commerce & Labor Committee deferred to 03/31/15.
House Status03/19/2015 - Set for House Consumer & Human Resources Subcommittee 03/25/15.

Local Government - 6


SB287 / HB137 Eminent domain - deadline for owners to commence actions.
CategoryLocal Government
SponsorsSen. John Stevens / Rep. William G. Lamberth
DescriptionSpecifies which actions relating to eminent domain cases need to be commenced within 12 months after land has been actually taken possession of and the work of the proposed internal improvement has begun.
Senate Status02/11/2015 - Referred to Senate Judiciary Committee.
House Status03/19/2015 - House passed.
SB749 / HB779 Abolishes deannexation by ordinance.
CategoryLocal Government
SponsorsSen. Bo Watson / Rep. Mike Carter
DescriptionRequires deannexation of territory containing a street, highway, avenue, boulevard, publicly-owned right-of-way, bridge, tunnel, public parking area, or any other public way dedicated to public use and maintained for general public travel to take place by a vote of two-thirds of the county legislative body. Requires reallocation of certain funds if a municipality deannexes roadway. Specifies voting procedures. Makes other revision reflecting this change.
Senate Status03/24/2015 - Set for Senate State & Local Government Committee 03/26/15.
House Status03/19/2015 - Set for House Local Government Subcommittee- Final Calendar 03/25/15.
SB751 / HB780 Municipality to amend a plan of services by resolution.
CategoryLocal Government
SponsorsSen. Bo Watson / Rep. Mike Carter
DescriptionSpecifies that in certain circumstances a municipality may amend a plan of services by resolution of the governing body after a public hearing if notice was published in a newspaper of general circulation at least 30 days, instead of 15 days, prior to the hearing. Broadly captioned.
Senate Status03/24/2015 - Taken off notice in Senate State & Local Government Committee.
House Status02/19/2015 - Referred to House Local Government Subcommittee.
SB754 / HB778 Allows certain property owners to vote in an annexation referendum.
CategoryLocal Government
SponsorsSen. Bo Watson / Rep. Mike Carter
DescriptionAllows nonresident property owners in a territory proposed for annexation to vote on whether or not to annex the territory. Limits number of nonresident property owns per property that can vote. Defines "business entity" and "nonresident property owner" for the purpose of voting in annexation referendum. Creates alternative process to annex territory by referendum at a town hall meeting.
Senate Status03/24/2015 - Set for Senate State & Local Government Committee 03/26/15.
House Status03/19/2015 - Set for House Local Government Subcommittee- Final Calendar 03/25/15.
SB767 / HB816 Authorizes a municipality to contract its limits by ordinance.
CategoryLocal Government
SponsorsSen. Frank Niceley / Rep. Billy Spivey
DescriptionAuthorizes a municipality to contract its limits by ordinance upon receiving a petition signed by 75 percent of the residents of the area to be deannexed. Requires approval for deannexation through referendum before the ordinance that contracts the limits will go into effect. Specifies that if the referendum fails, the ordinance is void and the matter cannot be considered again for two years.
Senate Status03/24/2015 - Set for Senate State & Local Government Committee 03/26/15.
House Status03/19/2015 - Set for House Local Government Subcommittee- Final Calendar 03/25/15.
SB1192 / HB1136 Notice to homeowners for planned group homes in neighborhood.
CategoryLocal Government
SponsorsSen. Mae Beavers / Rep. Susan Lynn
DescriptionRequires notice to affected homeowners when certain state-owned group homes are planned. Requires notice to homeowners living 500 yards within the proposed site.
Senate Status03/18/2015 - Taken off notice in Senate Health & Welfare Committee.
House Status02/24/2015 - Referred to House Health Subcommittee.

Media & Publishing - 2


SB1027 / HB1068 Posting of notices on secretary of state's website.
CategoryMedia & Publishing
SponsorsSen. Bill Ketron / Rep. Bryan Terry
DescriptionRequires all legal notices relative to foreclosures, land sales, transactions involving real property, or otherwise required by statute to be published in a newspaper of general circulation to be posted on the administrative register web site within the secretary of state's web site. Provides that a legal notice may also be filed in a newspaper of general circulation, provided that a publishing fee of $50.00 is paid to the secretary of state.
Senate Status02/19/2015 - Referred to Senate State & Local Government Committee.
House Status02/23/2015 - Referred to House State Government Subcommittee.
SB1293 / HB825 Makes general corrections to the Tennessee Code.
CategoryMedia & Publishing
SponsorsSen. Joey Hensley / Rep. Patsy Hazlewood
DescriptionRevises Tennessee Code Annotated by correcting or deleting antiquated, erroneous, or obsolete language.
Senate Status03/24/2015 - Senate State & Local Government Committee recommended. Sent to Senate Calendar Committee.
House Status03/17/2015 - House State Government Committee recommended. Sent to House Calendar & Rules.

Professions & Licensure - 1


SB1378 / HB863 Collateral Recovery Act.
CategoryProfessions & Licensure
SponsorsSen. Sara Kyle / Rep. G.A. Hardaway
DescriptionEnacts the "Collateral Recovery Act." Specifies certain requirements for a recovery agency with the lienholder of recovered collateral. Requires registration of recovery agencies and agents with the department of commerce and insurance, allows fees for registration, and specifies registration length, the details of a registration application, and other requirements. Requires agencies to obtain insurance coverage. Establishes certain penalties for various violations. Requires the department to deposit collected monies in a separate fund known as the collateral recovery administrative fund. (19 pp.)
Senate Status02/19/2015 - Referred to Senate Commerce & Labor Committee.
House Status03/24/2015 - House Business & Utilities Subcommittee deferred to 03/31/15.

Property & Housing - 14


SB67 / HB29 Eviction notice for certain actions.
CategoryProperty & Housing
SponsorsSen. John Stevens / Rep. Bill Sanderson
DescriptionAllows a landlord to provide three days' notice, as sufficient notice of termination of tenancy, for eviction of certain residential tenants if the tenants engage in certain violent activities.
AmendmentHouse Business and Utilities Amendment 1 (004031) specifies that the three days' notice of eviction is not sufficient notice to evict residential tenants who are mentally or physically disabled from a housing authority.
Senate Status03/24/2015 - Senate Commerce & Labor Committee deferred to 03/30/15.
House Status03/18/2015 - House Business & Utilities Committee recommended with amendment 1 (004031), which specifies that the three days' notice of termination of tenancy, for eviction is not sufficient notice to evict residential tenants who are mentally or physically disabled from a housing authority. Sent to House Calendar & Rules.
SB306 / HB236 Enacts the Uniform Real Property Transfer on Death Act.
CategoryProperty & Housing
SponsorsSen. Ken Yager / Rep. John Mark Windle
DescriptionCreates "Uniform Real Property Transfer on Death Act." Limits, modifies and supersedes certain sections of the federal Electronic Signatures in Global and National Commerce Act. Establishes certain filing rules for persons disclaiming an interest in real property created by a transfer on death deed.
Senate Status02/11/2015 - Referred to Senate Judiciary Committee.
House Status03/04/2015 - Taken off notice in House Civil Justice Subcommittee.
SB382 / HB177 Infrastructure improvements - final subdivision plat approval.
CategoryProperty & Housing
SponsorsSen. Bill Ketron / Rep. Susan Lynn
DescriptionRevises and creates new condition precedents to the final approval of subdivision plats. Permits the regional planning commission to grant final approval of a subdivision plat subject to the submittal and acceptance of a bond or other method of assurance. Requires the bond or other assurance method to provide for and secure to the public and the local government the actual construction and installation of the infrastructure improvements within a period specified by the regional planning commission. Eliminates criminal penalty for transferring land before subdivision plat approval and before the final plat is recorded.
Senate Status02/11/2015 - Referred to Senate State & Local Government Committee.
House Status03/24/2015 - House Local Government Committee recommended. Sent to House State Government Committee.
SB405 / HB610 Tennessee Homeowners Association Act.
CategoryProperty & Housing
SponsorsSen. Doug Overbey / Rep. Mike Carter
DescriptionEnacts the "Tennessee Homeowner's Association Act." Establishes rules, regulations, guidelines, and penalties for the creation and governance of Tennessee homeowner's associations. Exempts condominiums and timeshares from this act. (37 pp.)
Senate Status03/24/2015 - Senate Commerce & Labor Committee deferred to 03/31/15.
House Status03/24/2015 - House Business & Utilities Subcommittee deferred to 03/31/15.
SB438 / HB428 Landowner notification of bill of rights in condemnation proceedings.
CategoryProperty & Housing
SponsorsSen. Ferrell Haile / Rep. Courtney Rogers
DescriptionDirects office of attorney general to prepare a written statement of the rights of a property owner whose real property may be acquired through eminent domain. Specifies which rights each property owner needs to be informed of and that statement is to be titled "Tennessee Landowner's Bill of Rights." Requires statement to be made available on the attorney general's website. Directs attorney general to mail a copy of the bill of rights statement, along with a copy of the petition, to the landowner. Specifies that failure to deliver the bill of rights to the landowner is not grounds for dismissal.
Senate Status02/11/2015 - Referred to Senate Judiciary Committee.
House Status03/04/2015 - Failed in House Civil Justice Subcommittee.
SB548 / HB501 Secure Home Act.
CategoryProperty & Housing
SponsorsSen. Todd Gardenhire / Rep. JoAnne Favors
DescriptionAllows a domestic abuse victim, who is a tenant under a rental agreement, to submit a written request to the landlord to change the locks of the leased premises if a protective order has been issued. Requires the landlord, at the landlord's expense, to change the locks on the leased premises by the close of the next business day after receiving a written request. Allows the tenant to change the locks if the landlord fails to change the locks and deduct the cost from the next rent payment. Requires a landlord to change the locks on a leased premises upon receipt of a written request if a tenant, whose locks have been already been changed, subsequently obtains an additional protective order for the benefit of the tenant or a household member. Authorizes the landlord to charge a fee to the tenant not exceeding the reasonable cost of changing the locks. Grants immunity to the landlord from any cause of action by any tenant or household member that arises out of acts by a protective order respondent occurring between the submission of a proper written request and the expiration of the period.
Senate Status02/12/2015 - Referred to Senate Commerce & Labor Committee.
House Status02/18/2015 - Referred to House Business & Utilities Subcommittee.
SB549 / HB775 Zoning amendment requires written consent of property owner.
CategoryProperty & Housing
SponsorsSen. Frank Niceley / Rep. Martin Daniel
DescriptionRequires any zoning amendment affecting a parcel of private property to take effect only upon written consent of the owner of that property.
Senate Status03/17/2015 - Failed in Senate State & Local Government Committee for lack of a second.
House Status03/19/2015 - Set for House Local Government Subcommittee- Final Calendar 03/25/15.
SB717 / HB796 Disclosure - sinkholes on property.
CategoryProperty & Housing
SponsorsSen. Mark Green / Rep. Jay D. Reedy
DescriptionRequires a seller of real property to disclose to a buyer the presence of any known sinkhole on the property. Requires disclosure to be in writing.
AmendmentHouse Business & Utilities Committee Amendment 1 (004308) defines sinkhole and sets out disclosure requirements of any known sinkhole on the property. Adds to the definition of sinkhole that is indicated through the contour lines on the property's recorded plat map.
Senate Status03/24/2015 - Senate Commerce & Labor Committee deferred to 03/30/15.
House Status03/18/2015 - House Business & Utilities Committee recommended with amendment 1 (004308), which defines sinkhole and sets out disclosure requirements of any known sinkhole on the property. Adds to the definition of sinkhole that is indicated through the contour lines on the property's recorded plat map. Sent to House Calendar & Rules.
SB877 / HB1183 Mechanics' and materialmen's liens.
CategoryProperty & Housing
SponsorsSen. Todd Gardenhire / Rep. Martin Daniel
DescriptionMakes various technical revisions to provisions regarding mechanics' and materialmen's liens. Removes provisions stating that the owner or owners of property are only given notice of the filing of the warrant. Specifies that when a prime or remote contractor has provided a valid payment bond for the benefit of potential lien claimants, the person asserting the lien may make the obligor on the bond a party to the action to enforce the claim, and any judgment recovered may be against all or any of the obligors on the bond. Removes requirements that the recorded bond have the written endorsement of the owner on it and that the bond provide for the payment of extras if the claimant is seeking extras.
Senate Status03/16/2015 - Senate passed.
House Status03/11/2015 - House Business & Utilities Committee recommended. Sent to House Calendar & Rules.
SB912 / HB919 Hearing on a zoning ordinance - notice increase.
CategoryProperty & Housing
SponsorsSen. Jack Johnson / Rep. Martin Daniel
DescriptionIncreases the notice required for a hearing on a zoning ordinance or any amendment to a zoning ordinance to 30 days, rather than 15 days. Broadly captioned.
Senate Status02/19/2015 - Referred to Senate State & Local Government Committee.
House Status03/19/2015 - Set for House Local Government Subcommittee- Final Calendar 03/25/15.
SB1047 / HB479 Deed preparation requirements.
CategoryProperty & Housing
SponsorsSen. Jeff Yarbro / Rep. Bill Beck
DescriptionRequires that a deed for the conveyance of real property be prepared and filed by a licensed attorney or the owner of the property. Requires the county register to ensure a deed is properly prepared before it is registered and to note the verification on the deed. Authorizes the county register to refuse to register any deed that is not prepared by a licensed attorney or the owner of the real property.
Senate Status02/19/2015 - Referred to Senate Judiciary Committee.
House Status03/19/2015 - Set for House Civil Justice Subcommittee- Final Calendar 03/25/15.
SB1079 HOA to provide certain records upon request of owner.
CategoryProperty & Housing
SponsorsSen. Lee Harris
DescriptionRequires a homeowner's association to provide various records to a unit owner upon written request.
Senate Status02/19/2015 - Referred to Senate Commerce & Labor Committee.
House StatusNone
SB1226 / HB793 Possibility of reverter - transfer by a holder other than grantor.
CategoryProperty & Housing
SponsorsSen. Mike Bell / Rep. Ron Travis
DescriptionProhibits the transfer of a possibility of reverter or right of entry by a holder other than the original grantor unless the transfer is to the holder of the corresponding fee simple determinable or fee simple subject to condition subsequent for the purpose of merger of the interests in any grantee.
Senate Status03/09/2015 - Senate passed.
House Status03/09/2015 - House passed.
Executive Status03/19/2015 - Signed by governor.
SB1232 / HB846 Extends rules governing zoning restrictions to redevelopment plans.
CategoryProperty & Housing
SponsorsSen. Mike Bell / Rep. Gerald McCormick
DescriptionAuthorizes certain rules governing zoning restrictions to other land use restrictions, including redevelopment plans. Prohibits redevelopment plans from being more restrictive than local zoning restrictions.
Senate Status03/24/2015 - Senate State & Local Government Committee deferred to 03/31/15.
House Status03/19/2015 - Set for House Local Government Subcommittee- Final Calendar 03/25/15.

Public Employees - 8


SB25 Notary public- record keeping.
CategoryPublic Employees
SponsorsSen. Brian K. Kelsey
DescriptionProvides that only if a notary public charges a fee for services, must the notary public record, either electronically or in a well-bound book, each of the notary's acts, attestations, protestations, and other instruments of publication. If the notary public does not demand or receive a fee then no recordation is required.
Senate Status01/17/2015 - Referred to Senate Judiciary Committee.
House StatusNone
SB164 / HB499 District public defenders conference - executive director's duties.
CategoryPublic Employees
SponsorsSen. Mae Beavers / Rep. Karen D. Camper
DescriptionEliminates the requirement that the executive director of the district public defenders conference initiate conference calls between district public defenders.
Senate Status02/11/2015 - Referred to Senate Judiciary Committee.
House Status03/19/2015 - Set for House Civil Justice Subcommittee- Final Calendar 03/25/15.
SB169 / HB397 Prohibits member of governing body from voting by text message.
CategoryPublic Employees
SponsorsSen. Doug Overbey / Rep. Jeremy Durham
DescriptionProhibits members of a governing body from casting votes by means of text messaging, including members who are participating through electronic communication.
Senate Status02/11/2015 - Referred to Senate State & Local Government Committee.
House Status03/25/2015 - House State Government Subcommittee recommended with amendment 1. Sent to House State Government Committee.
SB197 / HB119 Posting and mailing of detainer summonses by constables.
CategoryPublic Employees
SponsorsSen. Rusty Crowe / Rep. Bud Hulsey
DescriptionIncludes constables, along with sheriffs, as eligible persons who may act to satisfy the service of process requirements for actions involving forcible entry and detainer.
Senate Status03/24/2015 - Senate Judiciary Committee recommended. Sent to Senate Calendar Committee.
House Status03/19/2015 - House passed.
SB355 / HB284 Law enforcement - damaging a vehicle during a search.
CategoryPublic Employees
SponsorsSen. Paul Bailey / Rep. Jay D. Reedy
DescriptionProvides that if a motor vehicle is searched for items and the vehicle is dismantled, damaged, or adversely altered in any manner, then the applicable agency shall be responsible for all reasonable costs incurred in restoring the vehicle to its original state if certain conditions are met.
Senate Status03/17/2015 - Taken off notice in Senate Judiciary Committee.
House Status03/25/2015 - Taken off notice in House Civil Justice Subcommittee.
SB727 / HB474 Certain employee medical records are not public records.
CategoryPublic Employees
SponsorsSen. Mark Green / Rep. Ryan A. Haynes
DescriptionClarifies that certain medical records received and maintained by the Tennessee claims commission and the division of claims administration are confidential and not subject to public inspection. Defines "healthcare provider" and "medical record" as it relates to which records maintained by these agencies are confidential.
Senate Status03/09/2015 - Senate passed.
House Status03/16/2015 - House passed.
Executive Status03/18/2015 - Sent to governor.
SB888 / HB1033 Notaries with no service fee not required to keep record of acts.
CategoryPublic Employees
SponsorsSen. Brian K. Kelsey / Rep. Martin Daniel
DescriptionClarifies that notaries public who do not charge a fee for services do not have to keep a record of acts, attestations, and protestations. Specifies that if a notary or notary's employer collects a fee for one or more services but does not separately charge a fee for the notary services, no recordation of acts is required. Specifies that recordation by notaries who are bank employees is governed by bank privacy laws if the bank charges a fee and the services are within the scope of the notary's employment.
AmendmentSenate amendment 1 (003776) clarifies that the bill applies to notaries employed by a financial institution subject to the Financial Records Privacy Act.
Senate Status03/19/2015 - Senate passed with previously adopted amendment 1.
House Status03/23/2015 - House passed.
Executive Status03/23/2015 - Sent to the speakers for signatures.
SB1264 / HB1305 Duties of county attorney.
CategoryPublic Employees
SponsorsSen. Mae Beavers / Rep. Bryan Terry
DescriptionSpecifies additional duties for the county attorney. Requires the county attorney to consult with and advise other elected county officials, their deputies, and their employees as to the proper application and enforcement of federal and state laws.
Senate Status02/19/2015 - Referred to Senate State & Local Government Committee.
House Status02/24/2015 - Referred to House Local Government Subcommittee.

Public Finance - 3


SB748 / HB777 Fiscal Note Integrity Act of 2015.
CategoryPublic Finance
SponsorsSen. Bo Watson / Rep. Mike Carter
DescriptionEnacts the "Fiscal Note Integrity Act of 2015." Requires all communications between fiscal review staff and members of the general assembly or employees of a state agency concerning a bill to be public record. Requires a fiscal analysis form be sent to any agency the fiscal review staff requests information from. Specifies contents of fiscal analysis form. Requires fiscal review director to submit preliminary fiscal notes. Establishes an informal review at the request of the bill sponsor or agency. Obligates that the agency, sponsor of the bill, and fiscal review staff member who prepared the preliminary fiscal note attend the informal review at the request of either party. Imposes burden of proof upon the state agency at the informal review. Allows agency and sponsor to (1) present any relevant information as to the determination of any anticipated expenditure, and (2) request testimony from any witnesses. Requires fiscal review director to provide the sponsor of the bill and state agency a written decision including reasoning as to the final decision. Allows sponsor or state agency to request a hearing before the fiscal review committee. Requires committee to vote to affirm, reject, or revise the fiscal note concluding a hearing. Specifies fiscal review staff to report any of the following to the ethics commission: (1) falsification of information, or (2) undue influence by a member of the assembly, official, or employee of a state agency.
Senate Status02/18/2015 - Referred to Senate State & Local Government Committee.
House Status02/19/2015 - Referred to House State Government Subcommittee.
SB1070 / HB884 Appropriations - FY beginning July 1, 2014, and July 1, 2015.
CategoryPublic Finance
SponsorsSen. Lee Harris / Rep. Craig Fitzhugh
DescriptionMakes appropriations for the purpose of defraying the expenses of certain legislative enactments passed during the 2015 session of the 109th General Assembly. Repeals l 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, 2014, and July 1, 2015.
Senate Status02/19/2015 - Referred to Senate Finance, Ways & Means Committee.
House Status02/19/2015 - Referred to House Finance Subcommittee.
SB1399 / HB1374 Appropriations and expenses of the state.
CategoryPublic Finance
SponsorsSen. Mark S. Norris / Rep. Charles M. Sargent
DescriptionMakes appropriations for the purpose of defraying the expenses of state government for the fiscal year beginning July 1, 2015, in the administration, operation and maintenance of the legislative, executive and judicial branches of the various departments, institutions, offices and agencies of the state, and for certain state aid and obligations and for capital outlay; for the service of the public debt, and for emergency and contingency.
Senate Status02/26/2015 - Referred to Senate Delayed Bills Committee.
House Status03/02/2015 - Referred to House Finance Subcommittee.

Taxes Business - 3


SB59 / HB423 Formula for calculation of franchise and excise tax.
CategoryTaxes Business
SponsorsSen. Mark Green / Rep. Cameron Sexton
DescriptionRevises the apportionment formula for the franchise and excise tax beginning January 1, 2016, to net earnings multiplied by the receipts factor. Under current law, the formula is defined as net earnings multiplied by a fraction, whereby the numerator is the property factor plus the payroll factor plus twice the receipts factor, and denominator would be four. Revises the apportionment of net worth formula beginning January 1, 2016, to net worth multiplied by the receipts factor. Under current law, net worth shall be multiplied by a fraction, whereby the numerator is the property factor plus the payroll factor plus twice the receipts factor, and the denominator of the fraction being four. Redefines the sale of property, other than sales of tangible personal property, in this state, as the receipts derived from customers within this state or if the receipts are otherwise attributable to this state's marketplace. Revises the apportionment formula for captive REIT affiliated groups to be based on receipts provided for in 67-4-2012(a)(2), including the receipts of those members of the affiliated group that would not be subject to taxation in this state if considered apart from the affiliated group. Excludes dividends, receipts, and expenses resulting from transactions between members of the affiliated group.
Senate Status03/24/2015 - Senate Finance Revenue Subcommittee deferred to 03/31/15.
House Status03/25/2015 - House Finance Subcommittee deferred to 04/01/15.
SB324 / HB213 Calculation of net worth for franchise taxes.
CategoryTaxes Business
SponsorsSen. Mark S. Norris / Rep. Gerald McCormick
DescriptionRevises formula for calculating the excise and franchise taxes for tax years beginning on or after July 1, 2016, by multiplying the receipts factor by three and increasing the denominator of the fraction to five. Revises formula for calculating the excise tax for tax years beginning July 1, 2016, imposed on captive REIT affiliated groups by triple weighting receipts. Specifies that all persons subject to franchise and excise taxes must register with the department of revenue within 15 days after the date the person becomes subject to the tax.
Senate Status03/24/2015 - Senate Finance Revenue Subcommittee deferred to 03/31/15.
House Status02/11/2015 - Referred to House Finance Subcommittee.
SB584 / HB232 Person offering short term rental to transient pays hotel taxes.
CategoryTaxes Business
SponsorsSen. Doug Overbey / Rep. Dale Carr
DescriptionDefines "short term rental" to mean a room, apartment, condominium, house, or any other dwelling unit or part of a dwelling unit furnished to transients for sleeping purposes in exchange for consideration. Requires any person who furnishes a short term rental to a transient shall pay all applicable taxes and obtain a local business license that must be displayed on rental premises and on any marketing materials or web site offering short term rental or rent.
Senate Status03/24/2015 - Senate Commerce & Labor Committee deferred to 03/31/15.
House Status03/19/2015 - Set for House Business & Utilities Committee 03/25/15.

Taxes General - 8


SB32 / HB48 Increases Hall Income tax exemptions.
CategoryTaxes General
SponsorsSen. Doug Overbey / Rep. Art Swann
DescriptionRequires the amounts of the Hall tax exemptions to be raised annually in accordance with inflation beginning with the 2016 calendar year. Requires the department of revenue to notify taxpayers of any change in dollar amounts and to post the information on the department's website.
Senate Status03/24/2015 - Senate Finance Revenue Subcommittee recommended. Sent to Senate Finance, Ways & Means Committee.
House Status03/18/2015 - House Finance Subcommittee placed behind the budget.
SB47 / HB813 Reduces Hall Income tax.
CategoryTaxes General
SponsorsSen. Mark Green / Rep. Charles M. Sargent
DescriptionReduces Hall income tax by one percent in every year that state revenue growth exceeds three percent. Specifies that once Hall income tax rate reaches three percent, the reduction rate of the Hall income tax in years that state revenue growth exceeds three percent decreases to three-quarters (.75) percent until the rate is reduced to zero. Specifies that the reduced Hall income tax rate takes effect on January 1 following the end of the fiscal year in which the state revenue growth exceeded three percent. Specifies that distribution of tax revenue to general fund decreases in conjunction with each reduction of Hall income tax rate until it reaches zero. Increases distribution of tax proceeds to county or municipality government in which the taxpayer resides until 100 percent of proceeds are distributed to the county or municipality.
Senate Status03/24/2015 - Senate Finance Revenue Subcommittee recommended. Sent to Senate Finance, Ways & Means Committee.
House Status02/18/2015 - Referred to House Government Operations Committee.
SB58 / HB54 Reducing tax on groceries.
CategoryTaxes General
SponsorsSen. Mark Green / Rep. Curtis G. Johnson
DescriptionReduces the sales tax rate on food from 5 percent to 4.5 percent.
Senate Status03/24/2015 - Senate Finance Revenue Subcommittee recommended. Sent to Senate Finance, Ways & Means Committee.
House Status03/25/2015 - House Fiance Subcommittee placed behind the budget.
SB322 / HB291 Evaluation of tax credits and revises various tax credits.
CategoryTaxes General
SponsorsSen. Mark S. Norris / Rep. Gerald McCormick
DescriptionRequires commissioners of economic and community development and revenue to evaluate certain tax credits and report to the governor and certain legislators. Revises, modifies, and limits various other tax credit provisions. Part of Administration Package.
AmendmentHouse Business & Utilities Committee amendment 1 (004375) adds to the definition of "headquarters facility" and provides that any business that has filed as a regional headquarters prior to July 1, 2015 will still be eligible for the credit. Adds to the definition of "headquarters-related functions and services."
Senate Status03/17/2015 - Senate Finance Revenue Subcommittee recommended with amendment 1 (004375). Sent to Senate Finance, Ways & Means Committee.
House Status03/25/2015 - House Finance Subcommittee recommended. Sent to House Finance Committee.
SB556 / HB678 Phasing out the privilege tax for certain occupations.
CategoryTaxes General
SponsorsSen. Janice Bowling / Rep. James (Micah) Van Huss
DescriptionInstitutes a plan to phase out of the privilege tax on persons engaged in certain occupations. Decreases the privilege tax annually by 20 percent over the next five years. Eliminates the tax in 2019 and thereafter. Prohibits the tax from being applied more than once for a single person in the circumstance that individuals have multiple professions being affected under the privilege tax. Prohibits any tax be levied upon the privilege of engaging in those certain professions, businesses, and occupations.
Senate Status03/24/2015 - Senate Finance Revenue Subcommittee deferred to 03/31/15.
House Status03/25/2015 - House Finance Subcommittee placed behind the budget.
SB909 / HB943 Governmental immunity for all parcels purchased at tax sales.
CategoryTaxes General
SponsorsSen. Ferrell Haile / Rep. Bud Hulsey
DescriptionGrants a government entity immunity from liability all dues, fees, and assessments for all parcels purchased by the entity at tax sales.
Senate Status02/19/2015 - Referred to Senate Judiciary Committee.
House Status02/24/2015 - Referred to House Local Government Subcommittee.
SB1109 / HB1005 Allows Knox county legislative body to impose litigation tax.
CategoryTaxes General
SponsorsSen. Richard Briggs / Rep. Ryan A. Haynes
DescriptionAllows Knox County to impose a litigation tax of $5.00 on all criminal cases upon adoption of a resolution by two-thirds majority of the county legislative body. Requires the revenue collected from the litigation tax to be used exclusively for the funding of courts with criminal jurisdiction, including, but not limited to, the purchase of equipment and the payment of salaries.
AmendmentHouse Civil Justice Committee amendment 1 (004352) rewrites the bill. Allows a privilege tax to be levied on litigation in criminal court, fourth circuit court, and general sessions court. Allows for a privilege tax to be levied in the criminal division if adopted by resolution by a two-thirds majority vote of the local county legislative body. Prohibits privilege tax from exceeding five dollars. Applies only to Knox County.
Senate Status03/24/2015 - Senate Judiciary Committee recommended with amendment 1 (004352), which rewrites the bill. Allows a privilege tax to be levied on litigation in criminal court, fourth circuit court, and general sessions court. Allows for a privilege tax to be levied in the criminal division if adopted by resolution by a two-thirds majority vote of the local county legislative body. Prohibits privilege tax from exceeding five dollars. Applies only to Knox County.. Sent to Senate Finance.
House Status03/24/2015 - Referred to House Finance Subcommittee.
SB1249 / HB1279 Extend time for commissioner to deny expedited ruling request.
CategoryTaxes General
SponsorsSen. Jack Johnson / Rep. David Alexander
DescriptionExtends time commissioner of revenue has to deny request for expedited ruling and extend the fee from seven days to 10 days from the date of the request.
Senate Status02/19/2015 - Referred to Senate State & Local Government Committee.
House Status02/24/2015 - Referred to House Finance Subcommittee.

Taxes Property - 8


SB55 / HB802 Delinquent tax attorney compensation.
CategoryTaxes Property
SponsorsSen. Mark Green / Rep. Joe Pitts
DescriptionRemoves the delinquent tax attorney compensation provision for Montgomery County that allowed the county to pay up to 20 percent of delinquent taxes collected to the attorney. Places Montgomery County with all other counties which are allowed to pay up to 10 percent of delinquent taxes collected.
Senate Status03/02/2015 - Senate passed.
House Status03/24/2015 - House Finance Committee recommended. Sent to House Calendar & Rules.
SB331 / HB214 Redemption of property subject to delinquent property taxes.
CategoryTaxes Property
SponsorsSen. Mark S. Norris / Rep. Gerald McCormick
DescriptionSpecifies right of redemption period for occupied properties, unoccupied property that is not vacant, and vacant and abandoned property. Requires at least three inspections over a two month period to form reasonable basis that property is abandoned. Specifies what constitutes evidence of abandonment. Defines certain terms with regard to redemption of property subject to delinquent property taxes.
AmendmentHouse Local Government Committee amendment 1 (003879) makes technical changes. Deletes "unoccupied" and substitutes the word "all." Deletes the language "not occupied" and substitutes "vacant."
Senate Status02/11/2015 - Referred to Senate State & Local Government Committee.
House Status03/24/2015 - House Local Government Committee recommended with amendment 1 (003879), which makes technical changes. Sent to House Government Operations.
SB690 / HB263 Judicial proceeding on assessment of property - confidentiality.
CategoryTaxes Property
SponsorsSen. Jack Johnson / Rep. Kevin Brooks
DescriptionClarifies that evidence introduced in an administrative or judicial proceeding concerning the assessment of property is not confidential, unless made confidential by a protective order of the judge in the proceeding.
Senate Status03/09/2015 - Senate passed.
House Status03/24/2015 - House Civil Justice Committee recommended. Sent to House Calendar & Rules.
SB770 / HB1290 Sale of delinquent tax property.
CategoryTaxes Property
SponsorsSen. John Stevens / Rep. Jeremy Durham
DescriptionSpecifies that a report regarding the sale of delinquent tax property must be filed in the clerk's office and with the office of the register of deeds for the county in which the property is located. Outlines the information required to be in the filed report of sale. Authorizes reports of sale for delinquent tax property to be registered. Broadly captioned.
AmendmentHouse Local Government Committee amendment 1 (004804) requires the clerk of the court to immediately file in the case a report of sale or other notice reflecting the results of the tax sale. Requires the report or notice to include identification of the property and defendants contained in the notice of sale, the name of the successful bidder, and the total successful price bid for each parcel together with the instrument number of the last conveyance of record.
Senate Status03/19/2015 - Re-referred to Senate Calendar Committee.
House Status03/24/2015 - House Local Government Committee recommended with amendment 1 (004804), which requires the clerk of the court to immediately file in the case a report of sale or other notice reflecting the results of the tax sale. Requires the report or notice to include identification of the property and defendants contained in the notice of sale, the name of the successful bidder, and the total successful price bid for each parcel together with the instrument number of the last conveyance of record. Sent to House Finance.
SB939 / HB459 Refund of property taxes after final action.
CategoryTaxes Property
SponsorsSen. Bo Watson / Rep. Jon Lundberg
DescriptionRequires any county that is ordered to make a refund of property taxes pursuant to a final action of a court or the state board of equalization or assessment appeals commission to deliver the refund by United States certified mail, return receipt requested.
Senate Status02/19/2015 - Referred to Senate State & Local Government Committee.
House Status03/19/2015 - Set for House Local Government Subcommittee- Final Calendar 03/25/15.
SB1173 / HB1153 Extends valuation of certain property to unmarried surviving spouse.
CategoryTaxes Property
SponsorsSen. Bill Ketron / Rep. Marc Gravitt
DescriptionExtends present use valuation of certain residential property zoned for commercial use to unmarried surviving spouse.
Senate Status03/10/2015 - Senate State & Local Government Committee recommended. Sent to Senate Calendar Committee.
House Status03/25/2015 - House Finance Subcommittee deferred to 04/01/15.
SB1216 / HB1254 Combining or subdividing properties for tax sale purposes.
CategoryTaxes Property
SponsorsSen. Jack Johnson / Rep. Charles M. Sargent
DescriptionRequires any person who claims to be the owner of an interest or lien in a parcel and every guardian, conservator, attorney in fact, or other person having a fiduciary relationship with a minor, an incompetent, or other person claiming to be the owner of an interest in a parcel must register the document effecting ownership, interest, or lien with the office of the register of deeds in the county which the parcel is located. Specifies that a judgment of personal liability for unpaid personal property taxes may be enforced as any other judgment and may be recorded in one or more offices of registers of deeds and made a lien against the judgment debtor's other property .Specifies that property taxes shall become and remain a personal debt of the property owner or property owners and, when delinquent, may be collected by suit as any other personal debt. Allows the claim for the debt and the claim for enforcement of the lien to be joined in the same complaint. Specifies that the chancery court shall have broad discretion in determining whether a parcel shall be sold separately, combined, or subdivided and sold. Establishes process and notices requirements. Specifies that an order confirming the sale of a parcel shall confer the right to possession of the parcel to the purchaser effective upon entry of the order and the risk of loss shall transfer from the original owner to the purchaser. Specifies that any person successfully challenging the validity of a tax sale of the person's interest in a parcel shall also be responsible to the person purchasing the property at the tax sale and the purchaser's successors in interest, for any increase in the value of the parcel, including any improvements. Allows an order confirming the sale of a parcel to be voidable by the court. Clarifies procedure for dealing with excess tax sale proceeds. Revises other provisions concerning tax sales.
Senate Status02/19/2015 - Referred to Senate State & Local Government Committee.
House Status03/19/2015 - Set for House Local Government Subcommittee- Final Calendar 03/25/15.
SB1358 / HB419 Notice of tax assessment being challenged by taxpayer.
CategoryTaxes Property
SponsorsSen. Randy McNally / Rep. David Alexander
DescriptionClarifies that taxpayer challenging a tax assessment by the department of revenue must attach the notice of the assessment to the petition filed in the lawsuit. Broadly captioned.
Senate Status02/19/2015 - Referred to Senate Finance, Ways & Means Committee.
House Status03/18/2015 - Taken off notice in House Finance Subcommittee.

Taxes Sales - 1


SB327 / HB233 Retaining portion of sales taxes as compensation for costs incurred.
CategoryTaxes Sales
SponsorsSen. Jim Tracy / Rep. David B. Hawk
DescriptionAllows a dealer, when reporting and remitting sales taxes to the department of revenue, to deduct a portion of the taxes. Allows for a two percent deduction of the first $2,500 on each report and one and fifteen one-hundredths percent of the amount over $2,500. Prohibits a deduction if any report or remittance of tax is delinquent. Limits the deduction to a maximum of $25 per report. Requires the amount equal to the excess of the amount calculated by the formula over and above the $25 dollar limit to be deposited in the state's general fund.
Senate Status03/24/2015 - Taken off notice in Senate Finance Revenue Subcommittee.
House Status03/18/2015 - House Finance Subcommittee placed behind the budget.

Tenncare - 3


SB742 / HB1116 Healthcare Choice Act.
CategoryTenncare
SponsorsSen. Brian K. Kelsey / Rep. Jerry Sexton
DescriptionAuthorizes non-Tennessee individual health insurers and non-Tennessee small employment health insurers to provide individual health benefits plans or small employer health benefits plans, as appropriate, to Tennessee residents if the insurer: (1) Offers the same benefits plans in its domiciliary state and is in compliance with all applicable laws, regulations, and other requirements of its domiciliary state; (2) Obtains a certificate of authority to do business as a foreign health insurer in this state; and (3) Participates, on a nondiscriminatory basis, in the Tennessee life and health insurance guaranty association. Specifies requirements for the non-Tennessee health insurer to obtain a certificate of authority to do business in this state. Requires non-Tennessee insurers providing coverage pursuant to this bill to disclose the differences between coverage of certain healthcare services and benefits by the individual health benefits plan or the small employer health benefits plan issued by the foreign health insurer and the coverage of such services and benefits mandated by Tennessee law. The insurer must also provide an explanation of which state's laws govern the issuance of, and requirements under, the individual health benefits plan or small employer health benefits plan offered under this bill. Requires the commissioner to establish grievance and independent claims review procedures with respect to claims by a healthcare provider or a covered person with which a non-Tennessee health insurer must comply as a condition of issuing policies in this state. Specifies that insurers must also comply with the Uniform Trade Practices and Unfair Claims Settlement Act, state law regarding insurance premium taxes, and applicable provisions of the state life and health insurance guaranty association. Requires the commissioner of finance and administration, within 120 days of this bill's effective date, to submit a waiver amendment to the existing TennCare II waiver, or to submit a new waiver, to the federal Centers for Medicare and Medicaid services to use personal health accounts. In accordance with terms of an appropriate federal waiver for providing medical assistance in this state, each enrollee for medical assistance would receive a personal health account (PHA) for paying a portion of the enrollee's healthcare expenses. The account would be funded quarterly with an amount based on current fee-for-service average expenses, after an appropriate risk adjustment to reflect eligibility categories, age, gender, and health status. The account would be available on an individual basis. Each enrollee would use the account to purchase a benefit coverage plan from an array of options approved by the bureau of TennCare. The coverage options would range from a safety net of limited benefits to full-service benefit plans. The range of options must provide a broad continuum of consumer flexibility including, but not limited to, managed care organizations, self-directed plans, and medical home networks. Plans offered as options would directly compete for the enrollee's business. An enrollee could choose to use the full amount of the PHA to purchase comprehensive or partial coverage plans. If the enrollee selects a plan with rates that are lower than the total amount of the PHA, then the enrollee could retain any balance of the PHA to spend on healthcare related items, but not food, clothing, or shelter. Unused balances would roll forward to the next quarter. If an enrollee ceases to be eligible for medical assistance, a portion of the unused balance of a PHA could be used for healthcare expenses or to purchase health insurance. Unused funds would revert to the state after 12 months or immediately upon the death of an enrollee.
Senate Status03/24/2015 - Senate Commerce & Labor Committee deferred to 03/31/15.
House Status03/19/2015 - Set for House Insurance & Banking Subcommittee 03/25/15.
SB1351 / HB1271 Medical assistance to existing TennCare II waiver population.
CategoryTenncare
SponsorsSen. Randy McNally / Rep. Eddie Smith
DescriptionDirects the commissioner of finance and administration to submit a waiver request to the federal centers for Medicare and Medicaid services to enable the state to provide medical assistance to the existing TennCare II waiver population and persons with incomes below 138 percent of the federal poverty line by means of a block grant of federal funds within 120 days of the effective date of this act. Specifies that the block grant authorized by this section shall convert the federal share of all medical assistance funding for this state into an allotment that is tailored to meet the needs of this state and that is indexed for inflation and population growth.
Senate Status02/19/2015 - Referred to Senate Commerce & Labor Committee.
House Status03/18/2015 - Taken off notice in House Insurance & Banking Subcommittee.
SJR88 Waiver for implementation of TennCare Opt Out program.
CategoryTenncare
SponsorsSen. Mark Green
DescriptionRequests the governor to apply for an appropriate federal waiver in order to implement the TennCare Opt Out program as a small pilot project within the TennCare program.
Senate Status03/23/2015 - Set for Senate Health & Welfare Committee- Final Calendar 03/25/15.
House StatusNone

Tort Liability - 5


SB117 / HB106 Protection of Volunteer-Insured Drivers of the Elderly (PROVIDE) Act.
CategoryTort Liability
SponsorsSen. Mark S. Norris / Rep. Gerald McCormick
DescriptionEnacts the "Protection of Volunteer-Insured Drivers of the Elderly (PROVIDE) Act," which grants immunity from civil liability to individuals providing volunteer transportation services to senior citizens through a charitable organization or human service agency, so long as the individual is acting in good faith within the scope of his or her official duties. Part of Administration Package.
AmendmentSenate Judiciary Committee, House Civil Justice Committee amendment 1 (004467) specifies that the voluntary transportation service is not individually liable above the policy limits collectable from any policy of insurance that would be obligated to make payment on behalf of the volunteer or on behalf of a person or entity that would be vicariously liable for the volunteer's conduct when liability for civil damages is limited for any injury to the senior citizen arising out of or resulting from the transportation. Deletes the words "willful and wanton misconduct" and substitutes "gross negligence or willful and wanton misconduct." Removes individual liability only if the organization maintains liability insurance with limits at least equal to the statutory requirement.
Senate Status03/24/2015 - Set for Senate Floor Regular Calendar 03/26/15.
House Status03/24/2015 - House Civil Justice Committee recommended with amendment 1 (004467), which specifies that the voluntary transportation service is not individually liable above the policy limits collectable from any policy of insurance that would be obligated to make payment on behalf of the volunteer or on behalf of a person or entity that would be vicariously liable for the volunteer's conduct when liability for civil damages is limited for any injury to the senior citizen arising out of or resulting from the transportation. Deletes the words "willful and wanton misconduct" and substitutes "gross negligence or willful and wanton misconduct." Removes individual liability only if the organization maintains liability insurance with limits at least equal to the statutory requirement. Sent to House Calendar & Rules.
SB332 / HB568 Tennessee Governmental Tort Liability Act - governmental entities.
CategoryTort Liability
SponsorsSen. Mark S. Norris / Rep. John J. Deberry Jr.
DescriptionExpands definition of governmental entity under Tennessee Governmental Tort Liability Act to include nonprofit corporations existing exclusively to manage, maintain, and support government-owned property on behalf of a governmental entity.
Senate Status03/17/2015 - Senate Judiciary Committee deferred to 03/31/15.
House Status03/19/2015 - Set for House Local Government Subcommittee- Final Calendar 03/25/15.
SB616 / HB537 Civil immunity for forcibly entering vehicle to save animal.
CategoryTort Liability
SponsorsSen. Joey Hensley / Rep. David B. Hawk
DescriptionAdds immunity from civil liability for person forcibly entering a vehicle to remove an animal in imminent danger of suffering harm, to existing procedures giving immunity for removing a minor in danger from a locked vehicle.
Senate Status03/24/2015 - Senate Judiciary Committee recommended. Sent to Senate Calendar Committee.
House Status03/16/2015 - House passed.
SB889 / HB714 Healthcare liability action - prohibits evidence by public agencies.
CategoryTort Liability
SponsorsSen. Brian K. Kelsey / Rep. Leigh Rosser Wilburn
DescriptionProhibits use of information gathered as a result of a survey, inspection, or investigation of a health care provider conducted by a state or federal department or agency as evidence in a health care liability action, except to impeach a witness. Specifies under what circumstances this information may be used in an advertisement. Clarifies that this does not prohibit use of this information in an administrative proceeding or an appeal of an administrative proceeding initiated by a state or federal department or agency.
Senate Status02/19/2015 - Referred to Senate Judiciary Committee.
House Status03/19/2015 - Set for House Civil Justice Subcommittee- Final Calendar 03/25/15.
SB1032 / HB1277 Tort liability protection - certain direct client service contractors.
CategoryTort Liability
SponsorsSen. Bill Ketron / Rep. Sheila Butt
DescriptionCreates certain tort liability protections, including provisions regarding actual damages and monetary limits, for contractors providing direct client services for the department of children's services, the department of mental health and substance abuse services, and the department of intellectual and developmental disabilities.
Senate Status02/19/2015 - Referred to Senate Judiciary Committee.
House Status02/24/2015 - Referred to House Civil Justice Subcommittee.

Transportation Vehicles - 5


SB443 / HB451 Increases fine for texting while driving.
CategoryTransportation Vehicles
SponsorsSen. Jim Tracy / Rep. Jon Lundberg
DescriptionIncreases the fine for texting while driving from a maximum fine of $50.00 to a fine of $250. Also increases the fine for non-use of a seat belt while driving. Allocates a portion of the revenue for a person's conviction for not using a seat belt while driving to the state's general fund and earmarks the revenue for the exclusive use of the division of vocational rehabilitation.
Senate Status03/25/2015 - Taken off notice in Senate Transportation & Safety Committee.
House Status03/19/2015 - Set for House Transportation Subcommittee 03/25/15.
SB729 / HB396 Applicant with valid driver license from foreign country.
CategoryTransportation Vehicles
SponsorsSen. Steve Southerland / Rep. Tilman Goins
DescriptionUnder certain circumstances, waives driver license tests for an applicant with a valid driver license from a foreign country, if the department of safety enters into a reciprocal memorandum of understanding with a foreign country and the applicant verifies residency.
Senate Status03/19/2015 - Set for Senate Transportation & Safety Committee- Final Calendar 03/25/15.
House Status03/24/2015 - House Transportation Committee recommended. Sent to House Calendar & Rules.
SB1052 / HB1075 Drivers providing services for a transportation network requirements.
CategoryTransportation Vehicles
SponsorsSen. Jack Johnson / Rep. Roger Kane
DescriptionRequires transportation network companies and any drivers providing services for a transportation network company to comply with certain insurance requirements. Requires drivers to be insured with liability coverage in the amount of $1,000,000, uninsured motorist coverage, and collision coverage. Specifies various ways coverage requirements can be satisfied,
Senate Status03/24/2015 - Senate Commerce & Labor Committee deferred to 03/30/15.
House Status03/19/2015 - Set for House Insurance & Banking Subcommittee 03/25/15.
SB1318 / HB1193 Open container - prohibits both driver and passenger.
CategoryTransportation Vehicles
SponsorsSen. Randy McNally / Rep. John Ragan
DescriptionProhibits both the driver and the passengers in a motor vehicle from consuming an alcoholic beverage or possessing an open container in the passenger area and creates an administrative, rather than judicial, process to revoke the driver license of a person charged with a DUI violation or other criminal offenses. (19 pp.)
Senate Status03/17/2015 - Senate Judiciary Committee deferred to last calendar.
House Status03/19/2015 - Set for House State Government Subcommittee 03/25/15.
SB1341 / HB140 Open Container Law expansion.
CategoryTransportation Vehicles
SponsorsSen. Randy McNally / Rep. Jon Lundberg
DescriptionProhibits passengers in a motor vehicle from consuming or possessing an open alcoholic beverage container except in certain circumstances. Defines new terms regarding offense of consuming or possessing an open alcoholic beverage container in a motor vehicle. Authorizes bowling alleys with a restaurant or a limited service restaurant on the premises to sell and serve alcoholic beverages.
Senate Status03/17/2015 - Senate Judiciary Committee deferred to last calendar.
House Status03/25/2015 - House State Government Subcommittee recommended with amendment 1 (004067). Sent to House State Government Committee.

Utilities - 1


SB1053 / HB1253 Business entities using a digital network application.
CategoryUtilities
SponsorsSen. Jack Johnson / Rep. Mike Sparks
DescriptionRequires that any business entity that uses a digital network application to connect a business or business's participant to a consumer in this state shall maintain an agent for service of process in this state.
Senate Status03/24/2015 - Senate Commerce & Labor Committee deferred to 03/30/15.
House Status02/24/2015 - Referred to House Business & Utilities Subcommittee.

Veterans & Military Affairs - 1


SB718 / HB798 Permit dependents of military members to retain priority for services.
CategoryVeterans & Military Affairs
SponsorsSen. Mark Green / Rep. Joe Pitts
DescriptionAllows dependents of military service members who are legal residents of Tennessee to retain eligibility for home and community-based services programs for intellectual disabilities if they move out of state due to the military service member's military assignment. Specifies that a dependent that resides out of state can be placed on the waiting list for intellectual disability services, and any services received prior to leaving the state will resume upon return to the state if the dependent remains eligible. Defines the term "legal resident" as it relates to continued eligibility for intellectual disability services.
Senate Status03/19/2015 - Set for Senate Health & Welfare Committee- Final Calendar 03/25/15.
House Status03/24/2015 - House Health Subcommittee recommended. Sent to House Health Committee.

Workers Compensation - 4


SB105 / HB94 Revisions to the Workers' Compensation Law.
CategoryWorkers Compensation
SponsorsSen. Mark S. Norris / Rep. Gerald McCormick
DescriptionMakes various revisions to the Workers Compensation Law. Requires the administrator of the division of worker's compensation to create utilization review system to select outpatient and inpatient healthcare providers for employees claiming benefits under the chapter. Requires all providers to be accredited by specified utilization review organizations. Extends the statute of limitations for claims based on permanent partial disability to two years from the date of last payment of disability benefits where permanent partial disability benefits were paid, but the employer and employee had not entered into a settlement agreement approved by a worker's compensation judge. Redefines "qualified physician" for the purpose of the panel of physicians an employee is entitled to for pain management. Specifies procedures for filing an interlocutory appeal. Revises deadlines for filing certain papers when appealing a compensation order. Allows appeals board to modify or reverse a decision by the worker's compensation judge under certain conditions. Allows the appeals board in exceptional circumstances to extend a deadline to perform an act, excluding the filing of a notice of appeal, by five business days for interlocutory appeals, and 21 calendar days for compensation orders. Authorizes administrator to assess filing fees to fund the administration of the division. Adds swearing in witnesses at hearings and other court of worker's compensation claims functions to the list of actions worker's compensation judges have the authority to perform. Allows judge to appoint a guardian ad litem for a claim of death benefits. Grants judges of workers' compensation claims certain execution authority. Requires approval from a worker's compensation judge to settle a claim for permanent disability benefits and specifies that agreements without the requisite approval are void. Makes other technical modifications. Part of Administration Package.
Senate Status03/24/2015 - Senate Commerce & Labor Committee deferred to 03/30/15.
House Status03/19/2015 - Set for House Consumer & Human Resources Subcommittee 03/25/15.
Executive Status03/16/2015 - Workers' Compensation Advisory Council released with positive recommendation.
SB174 / HB178 Public records regarding workers' compensation policies.
CategoryWorkers Compensation
SponsorsSen. Bill Ketron / Rep. Susan Lynn
DescriptionIncludes workers' compensation policy cancellation date and the policy reinstatement date as public record information.
Senate Status03/24/2015 - Senate Commerce & Labor Committee recommended. Sent to Senate Calendar Committee.
House Status03/19/2015 - Set for House Consumer & Human Resources Subcommittee 03/25/15.
Executive Status03/16/2015 - Workers' Compensation Advisory Council released with positive recommendation.
SB581 / HB316 Report of employers who fail to provide coverage.
CategoryWorkers Compensation
SponsorsSen. Doug Overbey / Rep. Steve McDaniel
DescriptionChanges the date by which the workers' compensation division must produce its report of all the employers that failed to obtain coverage or self-insure during the previous fiscal year from December 31 to December 15.
Senate Status02/12/2015 - Referred to Senate Commerce & Labor Committee.
House Status02/11/2015 - Referred to House Consumer & Human Resources Subcommittee.
Executive Status03/16/2015 - Workers' Compensation Advisory Council deferred to next meeting.
SB675 / HB821 Annual report of the workers' compensation advisory council.
CategoryWorkers Compensation
SponsorsSen. Steven Dickerson / Rep. Barry Doss
DescriptionRequires that the annual report of the workers' compensation advisory council be distributed to the chief clerk of the house and chief clerk of the senate, who are to distribute the report to any requesting member of the general assembly.
Senate Status02/18/2015 - Referred to Senate Commerce & Labor Committee.
House Status02/19/2015 - Referred to House Consumer & Human Resources Subcommittee.
Executive Status03/16/2015 - Workers' Compensation Advisory Council deferred to next meeting.

© 2015 M. Lee Smith Publishers LLC

TBA Impact

Make your voice heard in the General Assembly. Go to the TBAIMPACT website now.


LawPac

Show your support

Make a contribution to LAWPAC today. Funds raised will be used to support the campaigns of those candidates who have demonstrated an interest in preserving the legal profession in this state.