Watch List

Bills of interest to the Tennessee legal community

(Updated February 20, 2014)


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

SB2070 / HB1922 Surety bond exemption for commodity dealers and warehousemen.
CategoryAgriculture
SponsorsSen. Charlotte Burks / Rep. Cameron Sexton
DescriptionExempts commodity dealer, warehouseman, or commodities warehouseman from surety bond requirement when full payment is made for commodities purchased at, or prior to, the time such persons accept delivery of the commodities.
Fiscal Note
(Dated February 10, 2014) NOT SIGNIFICANT
Senate Status01/29/2014 - Referred to Senate Commerce & Labor Committee.
House Status02/19/2014 - House Business & Utilities Committee deferred to 02/26/2014.
CaptionAN ACT to amend Tennessee Code Annotated, Title 43, relative to commodities.

Alcoholic Beverages - 2

SB837 / HB610 Permit to sell wine at retail food stores.
CategoryAlcoholic Beverages
SponsorsSen. Bill Ketron / Rep. Jon Lundberg
DescriptionAllows cities and counties to hold a referendum to authorize selling wine at retail food stores. Creates permit to sell wine at retail food stores. Broadly captioned.
AmendmentSENATE AMENDMENT 9 (011834) rewrites the bill. Allows a local jurisdiction to hold and pass a referendum authorizing the sale of wine in retail food stores beginning on the regular November 2014 election. Specifies the language that such referendum will contain. HOUSE AMENDMENT 2 (011950) deletes the bill in its entirety. Authorizes the sale of wine in retail food stores located in jurisdictions that have approved such sale by referendum. HOUSE AMENDMENT 7 (012806) reduces, from 2,000 square feet to 1,200 square feet, the minimum size of a retail food store. Additionally, the price of the annual fee for a license for such stores is reduced from $2,000 to $1,250. Changes the effective date of Section 30, the Unfair Wine Sales by Retail Food Stores Law, from July 1, 2014 to July 1, 2016. HOUSE AMENDMENT 8, as amended, prohibits licenses to deal in alcoholic beverages at wholesale from being granted unless such holder is in a county with a population of at least 120,000 or in a county in which voters of any local government have approved retail package sales or consumption of alcoholic beverages on premises by referendum.
Fiscal Note
(Dated: February 23 2013) Increase State Revenue - $2,419,000/FY14-15/ABC Fund - Exceeds $4,217,500/FY15-16/ABC Fund Exceeds $3,690,000/FY16-17 and Subsequent Years/ABC Fund - $1,724,800/FY14-15/General Fund $7,278,200/FY15-16/General Fund Exceeds $7,677,700/FY16-17 and Subsequent Years/General Fund - Increase State Expenditures - - $1,458,100/FY14-15/ABC Fund $2,115,300/FY15-16/ABC Fund $2,246,100/FY16-17/ABC Fund $1,912,800/FY17-18 and Subsequent Years/ABC Fund - Increase Local Revenue - - Exceeds $2,260,300/FY14-15/Permissive - Exceeds $5,873,600/FY15-16/Permissive Exceeds $6,014,800/FY16-17 and Subsequent Years/Permissive - General.
Senate Status01/30/2014 - Senate passed with amendment 9.
House Status02/13/2014 - Set for House Regular Calendar 02/20/14.
CaptionAN ACT to amend Tennessee Code Annotated, Title 2 and Title 57, relative to alcoholic beverages.
SB2349 / HB2397 Purchase of wine through direct shipper.
CategoryAlcoholic Beverages
SponsorsSen. Bill Ketron / Rep. Jon Lundberg
DescriptionRemoves code Chapters 7 and 8 of Title 57. Increases the amount of wine that a direct shipper may ship from 9 liters of wine to 18 liters to any individual during a calendar month. Increase the amount of wine from 27 liters to 36 liters that may be shipped to any individual in a calendar year.
Senate Status01/29/2014 - Referred to Senate State & Local Government Committee.
House Status02/12/2014 - Referred to House State Government Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 57, relative to alcoholic beverages.

Banking & Credit - 12

SB697 / HB48 Prohibits title pledge lenders from charging certain fees.
CategoryBanking & Credit
SponsorsSen. Reginald Tate / Rep. Lois M. DeBerry
DescriptionProhibits a title pledge lender from: 1) Charging a late payment or additional interest for payments within 72 hours of the due date; 2) Charging late payment penalties or additional interest for payments made on any weekend or holiday; 3) Prohibiting access to or charging a fee for after-hour payment services; 4) Prohibiting or charging a fee for the option in title pledge contracts for automated clearing house payments by a pledgor.
Fiscal Note
(Dated: February 7 2013) Not Significant.
Senate Status02/08/2013 - Referred to Senate Commerce & Labor Committee.
House Status02/13/2013 - Taken off notice in House Insurance & Banking Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 45, Chapter 15, relative to pledges.
SB741 / HB459 Collateral Recovery Act.
CategoryBanking & Credit
SponsorsSen. Reginald Tate / Rep. G.A. Hardaway
DescriptionEnacts the "Collateral Recovery Act" and implements a system for the department of commerce and insurance to regulate repossession agencies and collateral recovery agents. Gives the department certain powers in regard to repossession agencies, including the power to create special procedures for the receipt and handling of consumer complaints. Specifies that the staff of the department has the authority in the performance of their official duties to enter into or upon any place, building, or premises of any repossession agency location or branch office location at any reasonable time for the purpose of inspecting such agency. Prohibits the department from setting pricing fees for repossessions, personal property storage, skip tracing, or other related services provided by repossession agencies to their clients. Requires the sheriff to be given notice when a motor vehicle is seized or repossessed in Tennessee. Specifies that if the seizure or repossession occurred in a county having a metropolitan form of government, notification shall be made to the metropolitan police department. Specifies information that law enforcement agency is required to obtain from repossession agency after receiving notice of seizure or repossession. Requires the law enforcement agency to forward such information to the department within 72 hours of receipt of such information. Requires law enforcement agency to submit a monthly invoice to each repossession agency that provided one or more notices during the previous calendar month. Requires the monthly invoices to include a fee of $10.00 for each notice that the repossession agency provided to the law enforcement agency during the previous calendar month. Specifies that each law enforcement agency that submits an invoice shall retain $1.00 of each $10.00 fee to offset the administrative costs associated with receiving the notices and forwarding information to the department. Specifies that the remaining $9.00 of each fee is to be forwarded to the state treasurer for deposit into the collateral recovery administrative fund. Specifies licensure requirements for repossession agencies and permitting requirements for their employees. Establishes fees for licenses and permits. (32 pp.)
AmendmentHouse Insurance & Banking Subcommittee Amendment 1 makes technical corrections.
Fiscal Note
(Dated: March 16 2013) Increase State Revenue - $558,800/ FY13-14/ - Collateral Recovery Administrative (CRA) Fund - $210,300/ FY14-15/CRA Fund - Exceeds $387,600/FY15-16 and Biennially Thereafter/CRA Fund - Exceeds $125,700/FY16-17 and Biennially Thereafter/CRA Fund - Increase State Expenditures - $324,800/FY13-14/CRA Fund $278,200/FY14-15 /CRA Fund - $274,200/FY15-16 and Subsequent Years/CRA Fund - $5,700/Incarceration* - Increase Local Revenue - Net Impact - $11,400/FY13-14 and Subsequent Years Increase Local Expenditures - Not Significant.
Senate Status02/08/2013 - Referred to Senate Commerce & Labor Committee.
House Status02/19/2014 - House Insurance & Banking Subcommittee deferred to 03/05/14.
CaptionAN ACT to amend Tennessee Code Annotated, Title 26; Title 45; Title 47; Title 55; Title 56; Title 62, Chapter 11 and Title 66, relative to collateral recovery.
SB859 / HB404 Failure to perform credit or debit card ID checks at point of sale.
CategoryBanking & Credit
SponsorsSen. Reginald Tate / Rep. Johnnie Turner
DescriptionCreates an offense for any person employed by a retailer who knowingly fails to verify the identification of another person who presents a credit or debit card to pay for goods or services at the point-of-sale during a face-to-face transaction. Establishes a Class C misdemeanor punishable by a fine of fifty dollars for the first offense and a Class B misdemeanor for any subsequent violations.
Fiscal Note
(Dated: March 6 2013) Not Significant.
Senate Status03/18/2013 - Taken off notice in Senate Commerce & Labor Committee.
House Status02/05/2013 - Referred to House Insurance & Banking Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 39; Title 45 and Title 47, relative to verification of identification.
SB1060 / HB733 Penalties for violation of the TN Money Transmitters Act.
CategoryBanking & Credit
SponsorsSen. Thelma Harper / Rep. Mike Stewart
DescriptionIncreases to $1500 from $1,000 the maximum amount that the commissioner of financial institutions may order as a civil penalty for a person to pay for a violation of the Tennessee Money Transmitter Act of 1994. Increases by the same amount for per day assessments for continuing violations.
Fiscal Note
(Dated: February 12 2013) Not Significant.
Senate Status02/08/2013 - Referred to Senate Commerce & Labor Committee.
House Status02/06/2013 - Referred to House Insurance & Banking Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 45, relative to banks and financial institutions.
SB1075 / HB1171 TN Identification and Personal Information Protection Act of 2013.
CategoryBanking & Credit
SponsorsSen. Ophelia Ford / Rep. Joe Towns Jr.
DescriptionRenames "Tennessee Identity Theft Deterrence Act of 1999" to "Tennessee Identification and Personal Information Protection Act of 2013". Includes unauthorized transfer of personal information under such act.
Fiscal Note
(Dated: March 12 2013) Not Significant.
Senate Status03/27/2013 - Taken off notice in Senate Commerce & Labor Committee.
House Status03/27/2013 - House Consumer & Human Resources Subcommittee deferred to 2014.
CaptionAN ACT to amend Tennessee Code Annotated, Title 45; Title 47, Chapter 18 and Title 56, relative to personal information.
SB1108 / HB460 Attorney supervision under the Tennessee Home Loan Protection Act.
CategoryBanking & Credit
SponsorsSen. James F. Kyle Jr. / Rep. Johnnie Turner
DescriptionRequires that all closings held for home loans under the Tennessee Home Loan Protection Act be attorney-supervised closings. Establishes that only attorneys who have sufficient errors and omissions coverage are permitted to supervise such closings.
Fiscal Note
(Dated: February 6 2013) Not Significant.
Senate Status03/19/2013 - Senate Commerce & Labor Committee deferred to next meeting.
House Status03/19/2013 - Taken off notice in House Business & Utilities Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 45; Title 47; Title 62 and Title 66, relative to real estate.
SB1117 / HB897 Prohibits surcharge for using credit card.
CategoryBanking & Credit
SponsorsSen. James F. Kyle Jr. / Rep. Jason Powell
DescriptionProhibits a seller or lessor in any sales or lease transaction or any entity issuing credit or charge cards from imposing a surcharge on a card holder who elects to use a credit or charge card in lieu of payment by cash, check or similar means.
Fiscal Note
(Dated: February 19 2013) Not Significant.
Senate Status03/19/2013 - Taken off notice in Senate Commerce & Labor Committee.
House Status03/20/2013 - Taken off notice in House Insurance & Banking Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 9; Title 45; Title 47; Title 50, Chapter 2; Title 55, Chapter 2 and Title 67, Chapter 1, Part 7, relative to fees on credit, debit or other charge card transactions.
SB1486 / HB1539 Industrial loan and thrift companies - charging of convenience fees.
CategoryBanking & Credit
SponsorsSen. Mike Bell / Rep. Kevin Brooks
DescriptionProvides that industrial loan and thrift companies may impose a convenience fee for payment made by credit card, debit card, electronic funds transfer, electronic check, or other electronic means. Permits imposing a convenience fee in lieu of the actual cost of the payment type that does not exceed the average actual cost incurred. Requires a registrant who charges a convenience fee to provide a means to make payment by check, cash, or money order without imposing a convenience fee. Establishes that the convenience fee shall not be refundable.
AmendmentHouse Insurance & Banking Subcommittee amendment 1 (012779).
Fiscal Note
(Dated January 17, 2014) NOT SIGNIFICANT
Senate Status01/27/2014 - Senate bumped from consent.
House Status02/19/2014 - House Insurance & Banking Subcommittee recommended with amendment 1 (012779). Sent to House Insurance & Banking Committee.
CaptionAN ACT to amend Tennessee Code Annotated, Section 45-5-403, relative to industrial loan and thrift companies.
SB1939 / HB1458 High cost home lenders - fees limited for certain pay-off statements.
CategoryBanking & Credit
SponsorsSen. Jack Johnson / Rep. Jimmy A. Eldridge
DescriptionLimits fee to $10, instead of specifying a reasonable fee, that high-cost home loan lenders or servicers may charge for third or subsequent pay-off statement provided to a borrower in a 12-month period.
Fiscal Note
(Dated January 22, 2014) NOT SIGNIFICANT
Senate Status01/27/2014 - Referred to Senate Commerce & Labor Committee.
House Status01/22/2014 - Referred to House Insurance & Banking Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 45 and Title 47, relative to consumer protection.
SB1988 / HB1757 Flexible Credit Act.
CategoryBanking & Credit
SponsorsSen. Steve Southerland / Rep. Cameron Sexton
DescriptionEnacts the Flexible Credit Act, permitting a person, firm, or corporation to engage in the business of making loans upon meeting certain requirements. Authorizes a lender to make a loan under an open-end credit plan and charge borrowers fees and interest when appropriate; sets forth other rules regarding credit transactions between a lender and borrower. Establishes that only a person, firm, or corporation that has met certain standards, such as, but not limited to, obtaining a certificate of registration under the Industrial and Thrift Companies Act, submitting to the commissioner of financial institutions an audited financial statement by July 31st of each year and possessing a net worth of at least $2,000,000 at the time notice is provided to the commissioner, shall be authorized to engage in the business of making loans under this statute.
Fiscal Note
(Dated February 18, 2014) NOT SIGNIFICANT
Senate Status01/27/2014 - Referred to Senate Commerce & Labor Committee.
House Status01/29/2014 - Referred to House Insurance & Banking Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 45, relative to the Flexible Credit Act.
SB2096 / HB2118 Proceeds of checks made payable to a deceased individual.
CategoryBanking & Credit
SponsorsSen. John Stevens / Rep. Cameron Sexton
DescriptionUnder present law (TCA 45-2-708), where no executor or administrator of a deceased depositor has qualified and given notice of the person's qualifications to a bank, the bank may, in its discretion, and at any time after 30 days from the death of the depositor, pay out of all accounts, maintained with it by the depositor in an individual capacity, all sums that do not exceed $10,000 in the aggregate: (1) To the executor named in any will known to the bank; or (2) In the absence of knowledge of a purported will naming a surviving executor to: a creditor for expenses of the funeral; a creditor for the expenses of the last illness; the surviving spouse; and the next of kin. This bill adds that where no executor or administrator of a decedent has qualified and given notice of the person's qualifications to a bank, savings institution or credit union (referred to collectively in this summary as "bank"), or where the qualified executor or administrator of a decedent has been discharged and a check or checks made payable to the decedent is presented to the bank for payment or collection, the bank may, in its discretion, and at any time after 90 days from the death of the deceased, negotiate or send for collection and pay out the proceeds of one or more checks made payable to the deceased, whether written or electronic, all sums that do not exceed $2,500 in the aggregate: (1) To the executor named in any will known to the bank whether probated or not; (2) To any personal representative appointed by a court whether active or discharged; or (3) In the absence of knowledge of a purported will naming a surviving executor or an administrator to the surviving spouse or next of kin. In the case of conflicting claims, the order of priority will be that set out above in (1)-(3). Specifies that the receipt of any, guardian, administrator or executor, duly appointed or qualified by the courts of this state, or any other state, or of any spouse or next of kin acknowledging the negotiation, payment or transfer of funds of a check, standing in the name of the person whose estate the fiduciary represents, will be a good and sufficient acquittance for payment or transfer and will constitute a valid defense in favor of the bank against the demands or claims of all parties. Directs banks to require any persons seeking to cash checks payable to a decedent as provided in this bill to deliver to the bank an affidavit; this bill details the minimum information that must be contained in the affidavit. This bill provides that the bank may, in its discretion, require any persons seeking to collect monies from a deceased depositor's account or accounts, as provided in TCA 45-2-708 (described above), to deliver to the bank an affidavit as provided in this bill. This bill also authorizes the bank to require any person who obtains funds from a deposit account pursuant to the above-described present law provision or to negotiate checks pursuant to this bill to provide an indemnity and guarantee to the bank in the amount of the funds obtained.
AmendmentSenate Amendment 1, House Insurance & Banking Committee amendment 1 (012421) makes technical changes by adding the word "and" immediately after the language "estate" in Section 2 and Section 3 of the bill.
Fiscal Note
(Dated: February 6, 2014) NOT SIGNIFICANT
Senate Status02/20/2014 - Senate passed with amendment 1 (012421), which makes technical changes by adding the word "and" immediately after the language "estate" in Section 2 and Section 3 of the bill.
House Status02/20/2014 - Set for House Floor on 02/27/14.
CaptionAN ACT to amend Tennessee Code Annotated, Title 3, Chapter 5; Title 4, Chapter 4; Title 45, Chapter 2; Title 45, Chapter 3 and Title 45, Chapter 4, relative to financial institutions.
SB2276 / HB2074 Convenience fees - title pledge and deferred presentment lenders.
CategoryBanking & Credit
SponsorsSen. Steven Dickerson / Rep. Ryan Williams
DescriptionAllows title pledge and deferred presentment lenders to charge a convenience fee for accepting payments made by credit card, debit card, electronic funds transfer, electronic check, or other electronic means. Permits imposing a convenience fee in lieu of the actual cost of the payment type that does not exceed the average actual cost incurred. Requires a title pledge lender who charges a convenience fee to provide a means to make payment by check, cash, or money order without imposing a convenience fee. Establishes that the convenience fee shall not be refundable.
Fiscal Note
(Dated February 11, 2014) NOT SIGNIFICANT
Senate Status01/29/2014 - Referred to Senate Commerce & Labor Committee.
House Status02/04/2014 - Referred to House Insurance & Banking Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 45, Chapter 15 and Title 45, Chapter 17, relative to fees charged in a financial transaction.

Campaigns & Lobbying - 17

SB297 / HB898 Political party to hold primary election for nominations.
CategoryCampaigns & Lobbying
SponsorsSen. Lowe Finney / Rep. Jason Powell
DescriptionRequires statewide political party to hold primary election for nominations for judge, chancellor, district attorney general and public defender in multi-county judicial districts.
Fiscal Note
(Dated: March 8 2013) Other Fiscal Impact - Counties that currently hold primary elections will not experience a change in local expenditures; however, these permissive local expenditures under current law will change to mandatory expenditures under the provisions of this bill. In counties where primaries are not currently held, the average mandatory increase in local expenditures will exceed $25,000 per county per election.* The next primary election will be held in FY13-14.
Senate Status01/31/2013 - Referred to Senate State & Local Government.
House Status03/27/2013 - Taken off notice in House Local Government Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 2, Chapter 13, relative to political parties.
SB471 / HB415 Election of United States Senate candidates.
CategoryCampaigns & Lobbying
SponsorsSen. Frank Niceley / Rep. Harry Brooks
DescriptionEliminates the authority of political parties to nominate United States senators by vote of the members of the party in primary elections. Requires, instead, that the house of representatives and senate members of the majority and minority parties nominate a person to run as that party's candidate in the general election. Requires the establishment of a mechanism for citizens desiring to be considered as a candidate for the seat to have their names placed in the nomination.
Fiscal Note
(Dated: February 18 2013) Not Significant.
Senate Status04/18/2013 - Senate deferred to 2014.
House Status04/02/2013 - Taken off notice in House State Government Committee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 2, Chapter 13, relative to the selection of candidates for United States senator.
SB700 Incarcerated population (adjusted) to be used in redistricting.
CategoryCampaigns & Lobbying
SponsorsSen. Reginald Tate
DescriptionEstablishes that on and after April 1, 2020, the population count for the purpose of creating districts for the state's representatives in congress, the state senate and house of representatives, and the county legislative bodies should not include individuals who were incarcerated in state or federal correctional facilities and were not residents of the state before their incarceration. Establishes that individuals incarcerated in the state or federal correctional facilities who were residents of the state prior to incarceration shall be counted at their last known residence.
Senate Status02/08/2013 - Withdrawn in Senate.
House StatusNone
CaptionAN ACT to amend Tennessee Code Annotated, Title 2, Chapter 16, Part 1; Title 3, Chapter 1, Part 1 and Title 5, Chapter 1, Part 1, relative to use of adjusted population data in redistricting.
SB787 / HB643 Campaign contributions allowed for insurance companies, limits raised.
CategoryCampaigns & Lobbying
SponsorsSen. Bo Watson / Rep. Glen Casada
DescriptionRemoves prohibition against insurance companies contributing to political campaigns. Increases contribution limits for political party and caucus campaign committees to $500,000, from $250,000, for statewide races; to $150,000, from $40,000, for senate races; to $75,000, from $20,000, for any other state or local public office races. Deletes certain reporting requirements regarding campaign contributions.
Fiscal Note
(Dated: February 5 2013) Not Significant.
Senate Status04/18/2013 - Re-referred to Senate Calendar Committee.
House Status04/18/2013 - Taken off notice in House Calendar & Rules Committee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 2, Chapter 10 and Title 56, Chapter 3, relative to campaign finance.
SB861 / HB1172 Lobbyists may pay for certain entertainment costs.
CategoryCampaigns & Lobbying
SponsorsSen. Reginald Tate / Rep. Joe Towns Jr.
DescriptionPermits lobbyists and their employers to pay the costs of entertaining the entire membership of a county's legislative delegation or the entire membership of a standing committee of the senate or house of representatives if proper notice is given to the ethics commission and certain cost requirements are met.
Fiscal Note
(Dated: February 20 2013) Not Significant.
Senate Status03/26/2013 - Taken off notice in Senate State & Local Government Committee.
House Status03/26/2013 - Taken off notice in House State Government Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 3, Chapter 6, relative to ethics and lobbying.
SB947 Gifts to members of general assembly.
CategoryCampaigns & Lobbying
SponsorsSen. Stacey Campfield
DescriptionProhibits any person from giving a gift to a member of the general assembly that is made available to the general public and that exceeds fifty dollars in value.
Fiscal Note
(Dated: February 5 2013) Not Significant.
Senate Status02/08/2013 - Referred to Senate State & Local Government.
House StatusNone
CaptionAN ACT to amend Tennessee Code Annotated, Title 3, Chapter 6, relative to governmental ethics.
SB1107 / HB406 Restoration of voting rights - payment of outstanding child support.
CategoryCampaigns & Lobbying
SponsorsSen. James F. Kyle Jr. / Rep. Johnnie Turner
DescriptionProhibits a person from applying for a voter registration card and having the rights of suffrage restored if that person is not current in all child support obligations, but eliminates the requirement that a person must pay outstanding child support obligations that accumulated during any period of incarceration to have the right of suffrage restored.
Fiscal Note
(Dated: March 8 2013) Not Significant.
Senate Status02/08/2013 - Referred to Senate Judiciary.
House Status03/27/2013 - Taken off notice in House Local Government Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 40, Chapter 29, Part 2, relative to voting rights.
SB1151 / HB630 Prohibits certain campaign contributions.
CategoryCampaigns & Lobbying
SponsorsSen. Stacey Campfield / Rep. Joshua G. Evans
DescriptionProhibits any multicandidate political campaign committee other than a committee controlled by a political party on the national, state, or local level or by a caucus of such political party established by members of either house of the general assembly from contributing to any candidate after the fourteenth day before an election, instead of after the tenth day before an election.
Fiscal Note
(Dated: February 4 2013) Not Significant.
Senate Status04/02/2013 - Taken off notice in Senate State & Local Government Committee.
House Status03/27/2013 - Taken off notice in House Local Government Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 2, Chapter 10, relative to campaign finance.
SB1466 / HB1727 Recognition as a minor party.
CategoryCampaigns & Lobbying
SponsorsSen. Mark S. Norris / Rep. Harry Brooks
DescriptionProvides an exception to the rules for recognition as a minor party for an organization that intends to be recognized as a minor party within a county. Requires the organization to obtain a petition which contains the signatures of registered voters in that county that equals to at least 2.5 percent of the total number of votes cast for gubernatorial candidates in that county during the last election of governor. Requires that for such an organization to maintain its status as a minority party after the election, at least one candidate from the party must receive a minimum of five percent of the total number of votes cast in the most recent election for the office of mayor in that county. Provides for the same exemption when a special election is required to fill a vacant seat in the United State house of representatives or the general assembly, except that the requirement for signatures equaling 2.5 percent must be based on the votes cast in the legislative district during the last gubernatorial election.
Fiscal Note
(Dated February 2, 2014) NOT SIGNIFICANT
Senate Status02/20/2014 - Senate deferred to 02/24/2014.
House Status02/19/2014 - House Local Government Subcommittee recommended. Sent to House Local Government Committee.
CaptionAN ACT to amend Tennessee Code Annotated, Section 2-13-107(f); Title 2, Chapter 14, Part 1 and Section 2-13-107(a), relative to becoming a recognized minor party.
SB1715 / HB1523 Revises election law provisions.
CategoryCampaigns & Lobbying
SponsorsSen. Ken Yager / Rep. Ryan A. Haynes
DescriptionRemoves the requirement that the individual seeking appointment to the county election commission have previously been appointed as an election official in order for the appointment to not be approved. Under present law, a voter may correct a deficient but timely filed mail registration form if the voter comes to the commission office no later than "five days before the election and presents the rejection of registration notice to the administrator of election". Under this bill, a voter may correct a deficient but timely filed mail registration form if the voter files a completed registration application or otherwise corrects the deficiency no later than "five days before the next regularly scheduled November general election". Under present law, individuals seeking election to a judicial office are required to certify on the nominating petition that the individual is licensed to practice law and provide the individual's supreme court registration number. Expands this requirement to any person seeking "any office that is required by law to be held by an attorney." Under present law, an individual, whose residence is on real property that is located both in a municipality and in an unincorporated area in the county, may make a one-time election to register in either the municipal precinct or the country precinct. Rewrites this provision to authorize an individual situated in a municipality and in an unincorporated area to vote in municipal elections if municipal taxes are assessed on the portion of the real property located in the municipality. Changes the age of an "elderly voter" from 65 to 60 years old for purposes of provisions governing access to polling places by elderly voters. Authorizes, under proper notice, county election commissions be closed on the Saturday after Good Friday as well as on a state holiday during the period established for early voting. Under present law it is a Class D felony to vote in a primary election of more than one political party on the same day. Under this bill, it is a Class D felony for an individual to vote in a primary election for more than one political party in an election. Under this bill voter registration applications filed through the department of safety will be processed as an in-person voter registration, instead of as a registration-by-mail as done under present law. Extends the time period within which elections on questions submitted to the people must be held from "45-60 days" after the county election commission is directed to hold the election under the law authorizing or requiring the election on the question, to "45-90 days" after such time. Requires court clerks to notify county election commissions of each person convicted of an infamous crime, instead of only requiring notice if the convicted person indicates he or she is registered to vote, as provided in present law.
Fiscal Note
(Dated February 2, 2014) Other Fiscal Impact – To the extent this bill is enacted on or before April 11, 2014, there will be a permissive decrease in local government expenditures estimated to be $19,000 statewide occurring in FY13-14. To the extent this bill is enacted after April 11, 2014, any permissive decrease in local government expenditures for FY13-14 and FY14-15 is considered not significant. The next fiscal year in which a local government could realize a permissive decrease in expenditures would be FY21-22.
Senate Status02/11/2014 - Senate State & Local Government Committee deferred to 02/25/14.
House Status02/19/2014 - House Finance Subcommittee recommended. Sent to House Finance Committee.
CaptionAN ACT to amend Tennessee Code Annotated, Section 2-19-107; Section 2-2-107; Section 2-2-109; Section 2-2-201; Section 2-3-109; Section 2-3-204; Section 2-4-106; Section 2-5-102; Section 2-5-106; Section 2-6-103 and Section 40-20-113, relative to elections.
SB1806 / HB1725 Local government tax revenues - retention of lobbyist.
CategoryCampaigns & Lobbying
SponsorsSen. Frank Niceley / Rep. Dennis Powers
DescriptionProhibits local government entities from using tax revenues for retaining a contract lobbyist who is not an employee of the local government entity.
Senate Status01/23/2014 - Referred to Senate State & Local Government Committee.
House Status01/29/2014 - Referred to House State Government Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 3, Chapter 6; Title 5; Title 6; Title 7; Title 9 and Title 67, relative to lobbying services on behalf of public entities.
SB1965 / HB1553 Campaign finance – limits on loans by candidates per election.
CategoryCampaigns & Lobbying
SponsorsSen. Mike Bell / Rep. Bill Dunn
DescriptionProhibits candidates from personally loaning more than $100,000 to their own campaign or charging interest on such loaned funds. Does not limit the amount candidates may personally contribute to their campaign.
Fiscal Note
(Dated January 31, 2014) NOT SIGNIFICANT
Senate Status02/04/2014 - Senate State & Local Government Committee deferred to 02/25/14.
House Status02/20/2014 - Set for House Floor on 02/27/14.
CaptionAN ACT to amend Tennessee Code Annotated, Title 2, Chapter 10, relative to campaign loans.
SB2065 / HB1764 Certain appointees seeking election to General Assembly must resign.
CategoryCampaigns & Lobbying
SponsorsSen. Mike Bell / Rep. Gerald McCormick
DescriptionRequires any person who is appointed to a board or commission to resign from appointment when seeking election to the general assembly. Requires any vacancy created be filled by the original appointing authority for the balance of the unexpired term.
Fiscal Note
(Dated February 6, 2014) NOT SIGNIFICANT
Senate Status01/29/2014 - Referred to Senate State & Local Government Committee.
House Status02/12/2014 - Taken off notice in House State Government Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 3 and Title 4, relative to appointments.
SB2174 Lobby includes certain government employee communication.
CategoryCampaigns & Lobbying
SponsorsSen. Mike Bell
DescriptionExpands definition of lobby to include communications by an employee of, contractor, or certain representatives who are not employees of a school board, certain utilities, or certain government entities.
Senate Status01/29/2014 - Referred to Senate State & Local Government Committee.
House StatusNone
CaptionAN ACT to amend Tennessee Code Annotated, Section 3-6-301, relative to the definition of "lobby" to include certain governmental employees.
SB2212 / HB1812 Requires a mailed notice of a voters new polling place.
CategoryCampaigns & Lobbying
SponsorsSen. James F. Kyle Jr. / Rep. Barbara W. Cooper
DescriptionRequires the county election commission to mail to each active voter whose district or polling place is changed a notice of the voter's new polling place, district and precinct number.
Fiscal Note
(Dated February 8, 2014) Increase Local Expenditures – Exceeds $100,000* Other Fiscal Impact - The mandatory increase in local government expenditures is estimated to exceed $450,000 in FY21-22 and every ten years thereafter.
Senate Status02/11/2014 - Senate State & Local Government Committee deferred to 03/18/14.
House Status02/04/2014 - Referred to House Local Government Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 2, relative to notification to voters affected by a change in district boundaries.
SB2339 / HB2036 GA member and random audit by the registry of campaign finance.
CategoryCampaigns & Lobbying
SponsorsSen. Brian K. Kelsey / Rep. Steve McManus
DescriptionProvides that an incumbent member of the general assembly shall not be subject to more than one random audit by the registry of campaign finance during a four-year period, if the most recent random audit did not make any findings that could result in assessment of significant penalties.
Fiscal Note
(Dated February 17, 2014) NOT SIGNIFICANT
Senate Status01/29/2014 - Referred to Senate State & Local Government Committee.
House Status02/04/2014 - Referred to House Local Government Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Section 2-10-212, relative to the registry of election finance.
SB2523 / HB2338 Redefines lobby.
CategoryCampaigns & Lobbying
SponsorsSen. Mike Bell / Rep. Bill Dunn
DescriptionRedefines "lobby" to include communications by certain governmental employees but excludes communications by certain local government officials to their respective members of the general assembly.
Fiscal Note
(Dated February 13, 2014) NOT SIGNIFICANT
Senate Status02/10/2014 - Referred to Senate State & Local Government Committee.
House Status02/19/2014 - House State Government Committee deferred to 02/26/2014.
CaptionAN ACT to amend Tennessee Code Annotated, Title 3, Chapter 6, Part 3, relative to redefining "lobby".

Commercial Law - 8

SB506 / HB497 Low profit limited liability company.
CategoryCommercial Law
SponsorsSen. John Stevens / Rep. Bill Sanderson
DescriptionCreates low-profit limited liability company. Specifies that such company satisfies certain charitable purposes, satisfies certain formation requirements, not have a significant purpose to produce income, and not have a purpose to accomplish certain political or legislative purposes.
Fiscal Note
(Dated: February 20 2013) Increase State Revenue - $2,600/General Fund - $100/Secretary of State - Increase State Expenditures - $2,500/One-Time.
Senate Status02/05/2013 - Referred to Senate Commerce & Labor Committee.
House Status02/05/2013 - Referred to House Business & Utilities Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 48 and Title 67, relative to low-profit limited liability companies.
SB763 / HB943 For profit corporations special meetings changes.
CategoryCommercial Law
SponsorsSen. Doug Overbey / Rep. Mark Pody
DescriptionAuthorizes, when not provided otherwise by bylaws, special meetings of the board of directors to be called by the chair of the board, the president, or, instead of any two directors, any three directors.
Fiscal Note
(Dated: February 7 2013) Not Significant.
Senate Status02/08/2013 - Referred to Senate Commerce & Labor Committee.
House Status02/13/2013 - Referred to House Business & Utilities Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 48, relative to the board of directors.
SB926 / HB1262 Destruction of business filing records and registration changes.
CategoryCommercial Law
SponsorsSen. Jack Johnson / Rep. Terri Lynn Weaver
DescriptionAuthorizes the secretary of state to destroy any records concerning domestic or foreign corporations five years after such entity has dissolved, withdrawn from the state, or has had its certificate of authority revoked. Requires foreign limited partnership entity to submit a certificate of existence with a date of no more than one month prior to the date that the application was filed in this state. Broadly captioned.
Fiscal Note
(Dated: February 7 2013) Not Significant.
Senate Status02/08/2013 - Referred to Senate Commerce & Labor Committee.
House Status02/27/2013 - Referred to House Business & Utilities Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 48; Title 61 and Title 67, relative to business entities.
SB1102 / HB606 Technical corrections - for-profit corporations and LLCs.
CategoryCommercial Law
SponsorsSen. James F. Kyle Jr. / Rep. Larry J. Miller
DescriptionClarifies provisions regarding a dissenters' notice in a proposed limited liability company action and approval by the shareholders of a domestic corporation of a plan of merger or exchange. Broadly captioned.
Fiscal Note
(Dated: February 4 2013) Not Significant.
Senate Status03/19/2013 - Taken off notice in Senate Commerce & Labor Committee.
House Status03/19/2013 - House Business & Utilities Subcommittee deferred 1/1/2014.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4; Title 7; Title 8; Title 12; Title 13; Title 43; Title 45; Title 47; Title 48; Title 49; Title 56; Title 61; Title 62; Title 64; Title 65 and Title 67, relative to business.
SB1481 / HB1684 Securities - creation of Invest Tennessee Exemption.
CategoryCommercial Law
SponsorsSen. Brian K. Kelsey / Rep. Jeremy Durham
DescriptionCreates the "Invest Tennessee Exemption" permitting the intrastate sale of securities totaling less than $1 million.
Senate Status01/15/2014 - Referred to Senate Commerce & Labor Committee.
House Status01/29/2014 - Referred to House Insurance & Banking Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 48, relative to securities.
SB1829 / HB1733 Valid address of business organization.
CategoryCommercial Law
SponsorsSen. Jack Johnson / Rep. Tilman Goins
DescriptionStates that whenever a business organization's address is required on a document to be filed with the secretary of state, and the United States Postal Service does not deliver mail to the address, then a mailing address that the United States Postal Service does deliver mail to shall be provided.
Fiscal Note
(Dated February 1, 2014) NOT SIGNIFICANT
Senate Status02/18/2014 - Senate Commerce & Labor Committee recommended. Sent to Senate Calendar Committee.
House Status02/20/2014 - House passed.
CaptionAN ACT to amend Tennessee Code Annotated, Title 48 and Title 61, relative to business organizations.
SB1936 / HB1763 True Origin of Goods Act.
CategoryCommercial Law
SponsorsSen. Jack Johnson / Rep. Gerald McCormick
DescriptionDeclares it unlawful for any person who owns or operates a website selling, leasing, renting or distributing prescription medications, tobacco products, alcoholic beverages, auto parts, commercial recordings or audio visual works to consumers in this state to fail to clearly and conspicuously disclose their true and correct name, physical address and telephone number on their website or online service in a location readily accessible to users or visitors of such website or online service. Requires court to assess a civil penalty, if a person is found to be in violation of this part in a civil action, against the offending party in an amount up to $2,500. Specifies that a violation of this part constitutes a violation of the Tennessee Consumer Protection Act.
AmendmentHouse Consumer & Human Resources Subcommittee 1 (012672) rewrites the bill.
Fiscal Note
(Dated February 3, 2014) NOT SIGNIFICANT
Senate Status01/27/2014 - Referred to Senate Commerce & Labor Committee.
House Status02/19/2014 - House Consumer & Human Resources Subcommittee recommended with amendment 1 (012672). Sent to House Consumer & Human Resources Committee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 47, relative to enacting the True Origin of Goods Act.
SB2318 / HB1789 Warranty requirements - HVAC systems.
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 violations of this provision to be an unfair or deceptive act. Allows civil actions for such violations. Specifies civil damages for such action.
Fiscal Note
(Dated February 18, 2014) NOT SIGNIFICANT
Senate Status01/29/2014 - Referred to Senate Commerce & Labor Committee.
House Status02/19/2014 - House Consumer & Human Resources Subcommittee deferred to 02/26/14.
CaptionAN ACT to amend Tennessee Code Annotated, Title 24 and Title 47, relative to warranties.

Construction - 1

SB210 / HB110 Installers of manufactured homes - liability for repairs.
CategoryConstruction
SponsorsSen. Janice Bowling / Rep. Sheila Butt
DescriptionProhibits any installer who installs the support structures, the anchoring system, or any other material or equipment that supports the manufactured home and secures it to the ground from being held liable for any structural repairs to work performed by such installer after one year from the date of installation.
AmendmentHouse Business & Utilities Subcommittee amendment 1 (004507) makes the bill. States that an installer for a manufactured home shall not be liable for any structural repairs after one year from the installation. Provides that an installer shall be liable for the support structures, anchoring system, or any other material/equipment that supports the home and secure it to the ground within five years of the installation. This bill shall not affect remedies, actions, or penalties by the commissioner.
Fiscal Note
(Dated: February 7 2013) Not Significant.
Senate Status03/27/2013 - Taken off notice in Senate Commerce & Labor Committee.
House Status04/03/2013 - Taken off notice in House Business & Utilities Committee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 68, Chapter 126, Part 4, relative to the installation of manufactured homes.

Corrections - 3

SB695 / HB309 Conditions for defendants released on bail into community.
CategoryCorrections
SponsorsSen. Reginald Tate / Rep. Antonio Parkinson
DescriptionAllows a magistrate to impose additional restrictions upon a defendant released on bail if the county or municipality determines that the public safety requires such conditions of release. Requires the determination to be made by way of resolution by the legislative body of the county or municipality and to be certified by the chief law enforcement officer. Such a determination will expire after six months from its passage but may be renewed by the county or municipality.
Fiscal Note
(Dated: March 3 2013) Increase Local Expenditures - Exceeds $50,000/Permissive.
Senate Status02/08/2013 - Referred to Senate Judiciary.
House Status02/18/2014 - Taken off notice in House Criminal Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 40, Chapter 11, relative to bail.
SB1670 / HB1708 Requirements for cells in local correctional facilities.
CategoryCorrections
SponsorsSen. Steve Southerland / Rep. David B. Hawk
DescriptionEstablishes that the standards for the square footage of cells in local correction facilities shall be based on the standards required by the American Correctional Association at the time of the construction of the facility, instead of the standards established in 2008, unless such an exemption poses a serious hazard as determined by the board of control of the Tennessee corrections institute. Provides that local correction facilities may elect to conform to more recent standards in order to accommodate to a larger inmate population.
AmendmentSenate State & Local Government Committee amendment 1, House State Government Committee amendment 1 (011792) requires the square footage of single or multi-occupancy jail cells in local correctional facilities to meet the minimum standards of the Tennessee Corrections Institute that were in effect at the time of the construction of the facility unless exempting a facility from such standards would not pose a serious life, safety, or security hazard as determined by the board of control of TCI. Authorizes a local correctional facility to conform to more recent minimum standards as required by the ACA in order to accommodate a larger inmate population.
Fiscal Note
(Dated February 1, 2014) NOT SIGNIFICANT
Senate Status02/18/2014 - Senate State & Local Government Committee recommended with amendment 1 (011792), which requires the square footage of single or multi-occupancy jail cells in local correctional facilities to meet the minimum standards of the Tennessee Corrections Institute that were in effect at the time of the construction of the facility unless exempting a facility from such standards would not pose a serious life, safety, or security hazard as determined by the board of control of TCI. Authorizes a local correctional facility to conform to more recent minimum standards as required by the ACA in order to accommodate a larger inmate population. Sent to Senate Calendar Committee.
House Status02/20/2014 - Set for House Floor on 02/24/14.
CaptionAN ACT to amend Tennessee Code Annotated, Section 41-4-140, relative to the Tennessee corrections institute.
SB2351 / HB2151 Tennessee criminal justice reform council.
CategoryCorrections
SponsorsSen. Brian K. Kelsey / Rep. Tony Shipley
DescriptionCreates the Tennessee criminal justice reform council. Directs the council to review issues involving: (1) Truth in sentencing; (2) Pretrial release; (3) Reentry programs; (4) Probation and parole reform; (5) Community based corrections; and (6) Correctional innovations to decrease levels of recidivism among state inmates. Requires the council be composed of 21 members as follows: (1) Two representatives from the district attorney general conference; (2) One judge, to be appointed by the administrative director of Tennessee administrative office of the courts; (3) The commissioner of correction; (4) The commissioner of safety; (5) The chairman of the board of parole; (5) The chairman of the board of parole; (6) The chairman of the judiciary committee of the senate, the chairman of the state and local government committee of the senate, and the majority leader of the senate; (7) The chairman of the criminal justice committee of the house of representatives, the chairman of the state government committee of the house of representatives, and the majority leader of the house of representatives; (8) One lawyer who is a member of the Tennessee Association of Criminal Defense Lawyers; (9) One representatives from the public defender's conference; (10) One representative from the Tennessee Consultation on Criminal Justice; (11) One representative from the Tennessee Sheriff's Association; (12) One representative from the Tennessee Association of Chiefs of Police; (13) The director of the Tennessee Bureau of Investigation; (14) The Tennessee attorney general; (15) The director of the Tennessee office of the post-conviction defender; and (16) The executive director of the Tennessee State Employees Association. Requires the council to disassociate on May 1, 2015.
Fiscal Note
(Dated February 16, 2014) Increase State Expenditures - $17,700/ FY14-15
Senate Status02/19/2014 - Senate Government Operations Committee deferred to 03/05/2014.
House Status02/04/2014 - Referred to House State Government Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4; Title 39; Title 40 and Title 41, relative to the creation of the Tennessee criminal justice reform council.

Criminal Law - 80

SB22 / HB28 Administrative law judges to carry firearms.
CategoryCriminal Law
SponsorsSen. Jim Tracy / Rep. John Mark Windle
DescriptionAuthorizes administrative law judges to carry firearms like law enforcement subject to training and certification requirements.
Fiscal Note
(Dated: February 20 2013) Not Significant.
Senate Status02/05/2013 - Referred to Senate Judiciary.
House Status03/13/2013 - Taken off notice in House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 39, Chapter 17, Part 13, relative to authorizing administrative law judges to carry firearms.
SB40 / HB10 Federal restrictions on possession and carrying of firearms.
CategoryCriminal Law
SponsorsSen. Frank Niceley / Rep. Jeremy Faison
DescriptionProhibits the allocation of state public funds or local public funds for the implementation, regulation, or enforcement of any federal law, executive order, rule or regulation that becomes effective on or after January 1, 2013, that imposes restrictions on U.S. citizens who lawfully possess or carry firearms in this state. Allows the allocation of state or local personnel or property to such regulation or enforcement of federal law if federal funding is provided to the state or its political subdivisions.
Fiscal Note
(Dated: March 8 2013) Not Significant.
Senate Status04/09/2013 - Taken off notice in Senate Judiciary Committee.
House Status03/27/2013 - Failed in House Civil Justice Subcommittee for lack of motion.
CaptionAN ACT to amend Tennessee Code Annotated, Title 38; Title 39 and Title 40, relative to firearms.
SB60 / HB386 Broadens the definition of criminal gang activity.
CategoryCriminal Law
SponsorsSen. Reginald Tate / Rep. Harold Love Jr.
DescriptionBroadens the definition of "Criminal gang offense" to mean the commission, attempted commission, solicitation, coercion or intimidation of another person to commit any offense classified as a felony under title 39, chapter 13; 39, chapter 14; 39, chapter 16; 39, chapter 17; or any criminal offense in this state, any other state, or the United States that involves violence, possession of a weapon, or use of a weapon. Makes it unlawful for any member of a criminal gang to conduct or participate in a criminal gang activity.
Fiscal Note
(Dated: March 20 2013) Increase State Expenditures -
Senate Status04/09/2013 - Taken off notice in Senate Judiciary Committee.
House Status02/05/2013 - Referred to House Criminal Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 29; Title 37; Title 38; Title 39 and Title 40, relative to criminal gangs.
SB76 / HB388 Records of handgun carry permits.
CategoryCriminal Law
SponsorsSen. Stacey Campfield / Rep. Dennis Powers
DescriptionLimits to 15 the number of handgun carry permit records that can be reproduced in a single day. Clarifies that one record is the complete file maintained by the department of safety and homeland security relative to a handgun permit for one person. Specifies that a compilation of information or other records, including names and addresses of permit holders, may be provided if the recipient of such information or records signs a statement that such recipient will not publish such information or records nor will such recipient allow others to publish such information or records. Makes a violation of this subdivision a Class C misdemeanor. Permits the release of information or other records regarding an applicant or permit holder to a law enforcement agency for the purpose of conducting an investigation or prosecution, or for determining the validity of a handgun carry permit, or to a child support enforcement agency for purposes of child support enforcement.
Fiscal Note
(Dated: January 30 2013) Not Significant.
Senate Status04/02/2013 - Taken off notice in Senate Judiciary Committee.
House Status03/26/2013 - Taken off notice in House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 10, Chapter 7, Part 5 and Title 39, Chapter 17, Part 13, relative to certain records pertaining to handgun carry permits.
SB100 / HB42 Prohibits enforcement of certain federal firearm laws.
CategoryCriminal Law
SponsorsSen. Joey Hensley / Rep. Joe Carr
DescriptionProhibits the enforcement of any federal law, rule, regulation, or executive order implemented or executed on or after January 1, 2013, that bans or restricts ownership of a semi-automatic firearm, firearm accessory, or ammunition or that requires any firearm, firearm accessory, or ammunition to be registered in any manner. Creates a Class A misdemeanor for any US government official who enforces such a law. Broadly captioned.
Fiscal Note
(Dated: March 6 2013) Other Fiscal Impact - The bill would result in an impact to the Attorney General for defending Tennessee citizens prosecuted by the United States government for violations of federal firearm laws. The total impact cannot reasonably be determined because there are too many unknown factors, such as the number of prosecutions and the length of such prosecutions. It is assumed that the cost of each prosecution will exceed $5,000.
Senate Status04/09/2013 - Taken off notice in Senate Judiciary Committee.
House Status03/13/2013 - Failed in House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4; Title 7; Title 8; Title 38; Title 39; Title 41; Title 49 and Title 62, relative to firearms.
SB111 Expunction of criminal records.
CategoryCriminal Law
SponsorsSen. Reginald Tate
DescriptionAfter the filing of a petition to have records expunged, requires the chief administrative official of the municipal, county or state agency and the clerk of the court where the records are recorded to remove and destroy the records within 30 days, instead of the current law requirement of 60 days.
Fiscal Note
(Dated: March 17 2013) Not Significant.
Senate Status04/09/2013 - Taken off notice in Senate Judiciary Committee.
House StatusNone
CaptionAN ACT to amend Tennessee Code Annotated, Title 40, Chapter 32, relative to the expunction of certain criminal records.
SB140 / HB392 First degree murder for domestic abuse death.
CategoryCriminal Law
SponsorsSen. Doug Overbey / Rep. Jim Coley
DescriptionExpands the definition of first degree murder to include the killing of another while committing domestic abuse, when the perpetrator has a history of domestic abuse upon the victim or victim's family, and death occurs with extreme indifference to human life.
Fiscal Note
(Dated: February 18 2013) Increase State Expenditures - $17,600/One-Time - $209,900/Recurring $3,750,100/Incarceration* - Other Fiscal Impact - An average of one offender per year will receive a death sentence. If a capital offender serves an average of 20 years before the sentence is carried out, there will be no significant additional incarceration costs for the capital offender, apart from the execution. The cost of executing each inmate will exceed $15,000. The cost to the State of capital trials and appeals is substantially higher than for non- capital cases. It is estimated that the additional cost of capital trials and appeals will exceed $750,000 for each case.
Senate Status03/12/2013 - Senate Judiciary Committee deferred to last calendar.
House Status02/05/2013 - Referred to House Criminal Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 39, Chapter 13, Part 2, relative to murder in the first degree.
SB242 Higher education faculty to carry a handgun.
CategoryCriminal Law
SponsorsSen. Stacey Campfield
DescriptionAllows certain persons employed by a state institution of higher education as a faculty or staff member to possess and carry a firearm at the state institution of higher education in which such person is employed so long as the person is authorized to possess and carry a firearm, the person receives applicable training required by the state institution of higher education in which the person is employed, no campus police officer or public safety officer is positioned in the building, and the person is possessing and carrying a handgun at the state institution in which such person is employed. Permits any state institution of higher education to prohibit persons authorized to carry a handgun from possessing and carrying a handgun while in such state institution of higher education.
Fiscal Note
(Dated: March 6 2013) To the extent a criminal act occurs where firearms have been prohibited by a public higher education institution, the prohibiting institution may be held liable in civil court, causing state expenditures to increase by an unknown amount. Otherwise, the fiscal impact of this bill is estimated to be not significant.
Senate Status01/31/2013 - Referred to Senate Judiciary.
House StatusNone
CaptionAN ACT to amend Tennessee Code Annotated, Title 39, Chapter 17, Part 13; Title 49, Chapter 6 and Title 49, Chapter 7, relative to the possession and carrying of weapons on school property.
SB250 / HB248 Tennessee Firearms Freedom Act expansion.
CategoryCriminal Law
SponsorsSen. Mae Beavers / Rep. Sheila Butt
DescriptionDefines federal action. Prohibits federal actions from interfering with firearms, firearm accessories, or ammunition if manufactured in Tennessee and remains within the state's borders. Prohibits federal actions from applying to Tennessee made firearms that discharge two or more projectiles with one activation of the trigger or other firing device. Requires federal actions to be unenforceable within the state on any kind of firearms, firearm accessories, and ammunition including actions that infringe on ownership, track such items, and impose fees or taxes regarding such items. Makes it a Class B Felony for any person to knowingly enforce or attempt to enforce any federal action concerning a firearm, firearm accessory, or ammunition. Allows a state citizen to petition a circuit or chancery court to select and appoint special counsel if the attorney general and reporter fails or refuses to provide a defense of this chapter.
AmendmentSenate Judiciary Committee amendment 1 (003865) reduces the Class B felony to a Class A misdemeanor when certain persons enforce prohibited federal actions regarding firearms.
Fiscal Note
(Dated: February 17 2013) Increase State Expenditures - $62,000/Incarceration* - Other Fiscal Impact - The Attorney General will be fiscally impacted by the bill from prosecuting violations of Title 4, Chapter 54 and for challenging federal actions prohibited under Title 4, Chapter 54. However, it is not possible to determine a precise fiscal impact due to a number of unknown factors such as the number of proceedings, the length of the proceedings, etc.
Senate Status02/27/2013 - Failed in Senate Judiciary (4-4-0) after adopting amendment 1.
House Status03/13/2013 - Taken off notice in House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4, Chapter 54, relative to the Tennessee Firearms Freedom Act.
SB291 / HB1025 RICO Act changes.
CategoryCriminal Law
SponsorsSen. Bo Watson / Rep. Vince Dean
DescriptionBroadens the definition of racketeering activity. Broadens legislative intent concerning criminal gang crimes. Expands portions of the Racketeer Influenced and Corrupt Organizations (RICO) Act to include criminal gangs and offenses committed by criminal gangs. Removes prosecution's requirements to prove certain elements to convict under the RICO Act.
AmendmentSenate amendment 1 (006303) rewrites the bill. Changes definition of "pattern of racketeering activity" to include at least two incidents of racketeering conduct that meets a particular standard of similarity, if one of the incidents occurred after July 1, 1986, and the last of the incidents occurred within 5 years, instead of 2 years, after a prior incident of racketeering conduct. Alters the definition of "racketeering activity" to include other certain criminal activities.
Fiscal Note
(Dated: March 10 2013) Not Significant.
Senate Status04/11/2013 - Senate passed with amendment 1.
House Status04/15/2013 - Held on House clerk's desk.
CaptionAN ACT to amend Tennessee Code Annotated, Title 39, Chapter 12, Part 2, relative to the "Racketeer Influenced and Corrupt Organization (RICO) Act of 1989 ".
SB447 / HB131 Sexual and commercial sex trafficking offenses.
CategoryCriminal Law
SponsorsSen. Doug Overbey / Rep. Jim Coley
DescriptionChanges "sexual servitude" definition to "commercial sex acts." Establishes a Class A felony for "criminal gang members" committing trafficking for commercial sex acts. Eliminates the defense to a violation that the subject of the offense is a law enforcement officer or that the victim of the offense is a minor and consented to the offense. Creates a "sexual offense" for purposes of the sex offender registry for patronizing prostitution of a minor.
AmendmentHouse Criminal Justice Committee amendment 1, Senate Judiciary Committee amendment 1 (003164) corrects a typographical error. Amends Section 9 of the bill by replacing "or charged" with "charged."
Fiscal Note
(Dated: February 12 2013) Increase State Expenditures - $7,500/One Time/TBI - $137,300/Incarceration.
Senate Status04/17/2013 - Senate Finance, Ways & Means Committee did not take action.
House Status04/18/2013 - Taken off notice in House Finance Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 39 and Title 40, relative to sexual and commercial sex trafficking offenses.
SB669 / HB1076 Redefines "coercion" generally for criminal offenses.
CategoryCriminal Law
SponsorsSen. Dolores R. Gresham / Rep. Barrett Rich
DescriptionRedefines "coercion" generally for criminal offenses as the exploitation of fear or anxiety through the use of a threat or threats, intimidation, domination or control to commit any offense, wrongfully accuse any person of any offense, expose any person to hatred, contempt, or ridicule, harm the credit or business repute of any person, take or withhold action as a public servant or cause a public servant to take or withhold action, abuse the legal process, or compel conduct or compliance.
AmendmentHouse Criminal Justice Committee amendment 1 (003975) deletes all language after the enacting clause. Redefines "coercion" under Tenn. Code Ann. § 39-11-106 to include a threat or an attempt to compel conduct or compliance. Adds "abuse of the legal process" to the actions, performed under threat, intimidation, domination, or control, that constitute coercion.
Fiscal Note
(Dated: March 3 2013) Not Significant.
Senate Status04/02/2013 - Taken off notice in Senate Judiciary Committee.
House Status04/15/2013 - Taken off notice in House Calendar & Rules Committee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 39, Chapter 16, Part 5; Title 39, Chapter 11, Part 1 and Title 39, Chapter 13, relative to coercion.
SB701 / HB1108 Revisions to expunction law.
CategoryCriminal Law
SponsorsSen. Reginald Tate / Rep. Karen D. Camper
DescriptionAlters provisions regarding expunged records. Provides an appeal process for denial of an expunction petition. Allows petitioner's counsel to prepare and file the petition and final order of expunction. Alters definition of eligible petitioner.
AmendmentHOUSE CRIMINAL JUSTICE COMMITTEE AMENDMENT 1, SENATE JUDICIARY AMENDMENT 1 (005750) deletes all language after the enacting clause. Makes technical corrections to the bill and one substantive change. Adds attempts, solicitations, and conspiracies of the offenses enumerated in the bill for which one can have his record expunged. Adds offenses that a felon is criminally responsible to the enumerated offenses for which one may have his record expunged. HOUSE CRIMINAL JUSTICE COMMITTEE AMENDMENT 2 (006162) clarifies that a person with convictions of certain traffic offenses is eligible to file a petition for expunction.
Fiscal Note
(Dated: March 15 2013) Increase State Revenue - $200/TBI $400/District Attorneys Expunction Fund $50/Public Defenders Expunction Fund $400/General Fund - Increase Local Revenue - Not Significant.
Senate Status04/09/2013 - Failed in Senate Judiciary Committee after adopting amendment 1.
House Status04/18/2013 - Taken off notice in House Finance Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 40, Chapter 32, relative to the destruction of certain public records.
SB724 Searches for firearms in parking lots.
CategoryCriminal Law
SponsorsSen. Stacey Campfield
DescriptionProhibits any business entity from inquiring whether an applicant for employment lawfully possesses a firearm. Prohibits any business entity from enforcing a rule that allows the search of a motor vehicle for the sole purpose of determining if the motor vehicle operator is in possession of a handgun.
Fiscal Note
(Dated: February 21 2013) Not Significant.
Senate Status01/14/2014 - Taken off notice in Senate Judiciary Committee.
House StatusNone
CaptionAN ACT to amend Tennessee Code Annotated, Title 39 and Title 50, relative to firearms.
SB795 / HB1218 No funding for certain federal firearm restrictions.
CategoryCriminal Law
SponsorsSen. Janice Bowling / Rep. Susan M. Lynn
DescriptionProhibits the use of state funds for the implementation, regulation, or enforcement of any federal law, executive order, rule, or regulation, or any treaty signed by the United States, that becomes effective on or after January 1, 2013 that adversely affects a United States citizen's ability to lawfully possess or carry firearms in this state.
Fiscal Note
(Dated: February 21 2013) Not Significant.
Senate Status04/17/2013 - Notice to recall from Senate Judiciary Committee filed.
House Status03/26/2013 - Taken off notice in House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 38; Title 39 and Title 40, relative to prohibiting enforcement of certain federal laws in this state.
SB846 / HB546 Electronic citations for traffic offenses.
CategoryCriminal Law
SponsorsSen. Bill Ketron / Rep. Bob Ramsey
DescriptionAuthorizes the use of electronic citations for traffic offenses. Requires each court clerk with an automated citation system to charge and collect an electronic citation fee of five dollars, in addition to all other fees, taxes, and charges, for each conviction of an offense that is the basis for the citation. Allocates one dollar of the fee to be retained by the court to defray expenses related to the establishment and maintenance of an automated citation database. Allocates four dollars to be transmitted monthly by the court clerk to the law enforcement agency which prepared the electronic traffic citation. Encourages the department of safety to seek funding for implementing and promoting the collection of data to enhance the ability to observe and analyze trends in traffic offenses and crash occurrences.
AmendmentSenate Transportation & Safety Committee amendment 1 (004284) requires all funds derived from the fee that are transmitted to law enforcement to be accounted for in a special revenue fund of such agency and used only for purposes of the electronic citation program and related expenditures. Requires the funds allocated to the court clerk be used for technological expenditures.
Fiscal Note
(Dated: March 6 2013) On March 4, a fiscal note was issue indicating the following fiscal impact: - Increase State Revenue - $320,000 - Increase Local Revenue - Exceeds $330,000 - Due to incomplete information, the estimated impact was in error. Based on additional information provided by local governments and the Department of Safety, the impact is as follows. -
(CORRECTED)
- Increase State Revenue - Exceeds $80,000 - Increase Local Revenue - Exceeds $270,000.
Senate Status03/19/2013 - Taken off notice in Senate Finance, Ways & Means Committee.
House Status03/13/2013 - Failed in House Transportation Subcommittee, for lack of a second.
CaptionAN ACT to amend Tennessee Code Annotated, Title 55, Chapter 10, Part 2, relative to certain traffic offenses.
SB847 / HB613 Increases penalties for not wearing a safety belt.
CategoryCriminal Law
SponsorsSen. Bill Ketron / Rep. Tony Shipley
DescriptionRaises the fine in lieu of court appearance for any violation of the safety belt law from $10.00 to $50.00 for the first violation and from $20.00 to $75.00 for second and subsequent violations. Creates a $75.00 fine in lieu of court appearance for violation of the safety belt law if the person is between 16 and 17 years of age. Allocates revenues from increased fines to the Tennessee Court Appointed Special Advocates for Children, Exchange Club Family Centers, and to the division of vocational rehabilitation to assist eligible individuals with disabilities who have been seriously injured in motor vehicle accidents.
AmendmentHouse Transportation Subcommittee amendment 1, Senate Transportation Committee amendment 1 (004510) rewrites the bill. Increases, from $10 to $50, the fine for a violation of the safety belt law. Increases, from $20 to $50, the fine for a second or subsequent violation. Increases, from $20 to $50, the fine for a driver who is 16 or 17 years of age. Requires $10 of the fine for a first offense to be deposited in the General Fund for the use of the Division of Vocational Rehabilitation. Requires the remaining $40 of the fine for a first offense to be deposited in the General Fund without designation. Requires $20 of the fine for a subsequent offense to be deposited in the General Fund for the use of the Division of Vocational Rehabilitation. Requires the remaining $30 of the fine for a subsequent offense to be deposited in the General Fund without designation.
Fiscal Note
(Dated: February 7 2013) Increase State Revenue - $594,300/Earmarked for the Exchange Club Family Centers $782,000/Earmarked for the Division of Vocational Rehab - $1,188,600/Earmarked for the Special Advocates for Children - Increase State Expenditures - $5,200/One-Time - Increase Local Revenue - $135,000.
Senate Status04/02/2013 - Senate Finance, Ways & Means Committee recommended. Sent to Senate Calendar Committee.
House Status04/02/2013 - Failed in House Transportation Committee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 55, Chapter 9, relative to safety belts.
SB878 / HB1020 Firearm transfers and carry permits - information used to deny.
CategoryCriminal Law
SponsorsSen. Jim Tracy / Rep. Vince Dean
DescriptionRequires the Tennessee Bureau of Information (TBI) to deny the transfer of a firearm if the purchaser's permit to carry certain weapons is suspended or revoked. Requires certain information regarding mental health, weapons seized from an alleged domestic abuser, an issuance of an order of protection, and an issuance of felony indictments to be sent to the TBI and the department of safety handgun office to assist in determining certain issues related to weapons. Requires such information to be used to determine eligibility for a handgun carry permit.
Fiscal Note
(Dated: February 20 2013) Increase State Expenditures - $4,000/One-Time.
Senate Status04/02/2013 - Taken off notice in Senate Judiciary Committee.
House Status04/03/2013 - Taken off notice in House Civil Justice Committee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 33; Title 36; Title 39 and Title 40, relative to handgun carry permits.
SB892 / HB690 Right to bear arms in Tennessee.
CategoryCriminal Law
SponsorsSen. Frank Niceley / Rep. Rick Womick
DescriptionEstablishes that the right of all citizens residing in this state to keep and bear arms will not be infringed. Prohibits the enforcement of any executive order issued by the president of the United States that requires the registration of a citizen's arms or that requires mental health doctors or mental health professionals to request information from their patients regarding the possession of arms.
Fiscal Note
(Dated: February 8 2013) Not Significant.
Senate Status02/08/2013 - Referred to Senate Judiciary.
House Status02/21/2013 - Referred to House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4 and Title 39, Chapter 17, Part 13, relative to the right to bear arms.
SB898 / HB696 Revises various provisions regarding certain criminal offenses.
CategoryCriminal Law
SponsorsSen. Stacey Campfield / Rep. Andrew Farmer
DescriptionSpecifies that it is no defense to prosecution of the Class B felony offense of bribery of a public servant that the person who sought to influence the public official did so on behalf of a public or private organization, corporation, union, agency or other entity's behalf, for purposes of an organizing campaign or any other lawful purpose. Adds to the Class D felony offense of intimidating others from exercising civil rights: the damage, harm, injury or threat to injure or coerce a business, or its employee or representative with the intent to unlawfully intimidate the business or its employees from exercising their rights in an effort to obtain something of value for a public or private organization, corporation, union, agency or other entity, including, but not limited to, a neutrality agreement, card check agreement, collective bargaining recognition, or other objective of a corporate campaign. Defines "corporate campaign" as any organized effort to unlawfully bring pressure on an entity, other than through collective bargaining, or any other activity protected by federal law, for the purpose of influencing a labor relations goal or objective. Adds as committing the Class D felony offense of extortion: a person who uses coercion upon another person with the intent to restrict a business, a union, or the owners or employees of a business, from exercising their rights in an effort to obtain something of value for a public or private organization, corporation, union, agency or other entity. Adds two new unlawful activities under the TCA section dealing with organized crime: 1) using a pattern of racketeering to restrict a business or union or its employees from exercising their rights in order to obtain something of value for an organization or other entity; 2) conspiring with another person to disrupt lawful commerce in a business where such activity constitutes assault or causes physical injury. Adds specified form of mass picketing and targeted picketing of a private residence as Class C misdemeanor offenses of obstructing a highway. Creates offenses of retail vandalism, aggravated retail vandalism and organized retail vandalism.
Fiscal Note
(Dated: March 14 2013) Increase State Expenditures - $87,900/Incarceration.
Senate Status04/09/2013 - Taken off notice in Senate Judiciary Committee.
House Status03/26/2013 - House Criminal Justice Subcommittee deferred 01/01/14.
CaptionAN ACT to amend Tennessee Code Annotated, Title 39, Chapter 12; Title 39, Chapter 14; Title 39, Chapter 16 and Title 39, Chapter 17, relative to disruptive and illegal conduct.
SB967 Prohibits granting of new trial in certain circumstances.
CategoryCriminal Law
SponsorsSen. Randy McNally
DescriptionRequires the criminal court to not set aside a guilty jury verdict or grant a new trial if the court disagrees with the jury about the weight of the evidence.
Senate Status02/08/2013 - Referred to Senate Judiciary.
House StatusNone
CaptionAN ACT to amend Tennessee Code Annotated, Title 40, Chapter 18, relative to verdicts in criminal cases.
SB973 / HB1337 Criminal gangs - probable cause to stop and search.
CategoryCriminal Law
SponsorsSen. Randy McNally / Rep. Bill Dunn
DescriptionEstablishes probable cause for law enforcement to stop and search criminal gang members or persons wearing clothing or insignia affiliated with a criminal gang, if the affiliated gang has been implicated in the death of a law enforcement officer within the U.S. who was killed in the line of duty.
Fiscal Note
(Dated: February 15 2013) Not Significant.
Senate Status02/26/2013 - Taken off notice in Senate Judiciary.
House Status02/27/2013 - Referred to House Criminal Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 39 and Title 40, relative to criminal gangs.
SB977 / HB627 Embryo or fetus as victims in certain crimes.
CategoryCriminal Law
SponsorsSen. Randy McNally / Rep. Joshua G. Evans
DescriptionSpecifies that the victim of an assaultive offense or a criminal homicide includes a human embryo or fetus at any stage of gestation when at the time of the criminal act the victim was pregnant.
Fiscal Note
(Dated: February 18 2013) Not Significant.
Senate Status04/09/2013 - Taken off notice in Senate Judiciary Committee.
House Status03/26/2013 - Taken off notice in House Criminal Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 39, Chapter 13, relative to offenses involving a fetus.
SB984 / HB368 Restriction on products with methamphetamine precursors.
CategoryCriminal Law
SponsorsSen. Randy McNally / Rep. David B. Hawk
DescriptionEstablishes that any material, compound, mixture or preparation which contains any quantity of ephedrine or pseudoephedrine is a Schedule III controlled substance. Prohibits any products that contain any immediate methamphetamine precursor from being dispensed by anyone other than a licensed pharmacy upon presentment of a valid prescription. Exempts immediate methamphetamine precursors if they are not in a form that can be used in the manufacturing of methamphetamine, including products in the form of gel capsules and liquid preparations.
Fiscal Note
(Dated: February 24 2013) Not Significant.
Senate Status02/08/2013 - Referred to Senate Judiciary.
House Status03/19/2013 - House Criminal Justice Subcommittee deferred 01/01/14.
CaptionAN ACT to amend Tennessee Code Annotated, Title 39, Chapter 17, Part 4, relative to products containing ephedrine or pseudoephedrine.
SB1021 / HB524 Expands definition of aggravated vehicular homicide.
CategoryCriminal Law
SponsorsSen. Todd Gardenhire / Rep. Eric Watson
DescriptionEnacts "Dustin's Law," which adds to the definition of aggravated vehicular homicide a vehicular homicide where the defendant had a blood alcohol concentration of twenty-hundredths of one percent or more or a blood alcohol concentration of eight-hundredths of one percent or more and any blood concentration of methamphetamine.
Fiscal Note
(Dated: February 17 2013) Increase State Expenditures - $445,800/Incarceration.
Senate Status04/17/2013 - Senate Finance, Ways & Means Committee did not take action.
House Status04/18/2013 - Taken off notice in House Finance Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 39 and Title 40, relative to aggravated vehicular homicide.
SB1045 / HB1039 Creates the offense of especially aggravated assault.
CategoryCriminal Law
SponsorsSen. Brian K. Kelsey / Rep. William G. Lamberth
DescriptionCreates the offense of especially aggravated assault when a person intentionally or knowingly commits an assault or recklessly commits an assault and causes serious bodily injury to another and uses or displays a deadly weapon. Such an offense is a Class C felony when the person recklessly commits the assault and a Class B felony when the person intentionally or knowingly commits the assault.
Fiscal Note
(Dated: February 17 2013) Increase State Expenditures - $1,743,600/Incarceration.
Senate Status03/12/2013 - Taken off notice in Senate Judiciary Committee.
House Status04/18/2013 - Taken off notice in House Finance Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 39 and Title 40, relative to criminal offenses and criminal procedure.
SB1081 / HB874 Creates an offense for invasion of computer privacy.
CategoryCriminal Law
SponsorsSen. Charlotte Burks / Rep. Ryan Williams
DescriptionEstablishes an offense for criminal invasion of computer privacy and misuse of a computer. Creates a Class E felony offense for criminal invasion of computer privacy if a person intentionally accesses any computer, computer program, computer network when the person is not authorized to do so and creates a Class D felony if the computer was owned by a law enforcement agency. Establishes a person is guilty of computer misuse when without authorization a person commits certain acts. Creates a Class E, A, and D felony for violation of computer misuse.
Fiscal Note
(Dated: March 3 2013) Increase State Expenditures - $32,000/Incarceration.
Senate Status04/02/2013 - Taken off notice in Senate Judiciary Committee.
House Status03/26/2013 - Taken off notice in House Criminal Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 39, Chapter 14, relative to computer privacy.
SB1131 / HB1173 Failure to report suspected sexual abuse.
CategoryCriminal Law
SponsorsSen. Mark S. Norris / Rep. Joe Towns Jr.
DescriptionRequires any authority figure at a community facility who knows or reasonably suspects a child, teen, or young adult has been the victim of unlawful sexual contact to report the known or reasonably suspected unlawful sexual contact to law enforcement authorities. Creates for any person required to report known or suspected unlawful sexual contact who knowingly and willfully fails to do so a Class A misdemeanor if the victim is a child, a Class B misdemeanor if the victim is a teen, and a Class C misdemeanor if the victim is a young adult.
AmendmentHouse amendment 1 (005094) rewrites the bill. Adds to the list of individuals who are required to report suspected or known child abuse: an authority figure at a community facility, including any facility used for recreation or social assemblies, for educational, religious, social, health, or welfare purposes, including, but not limited to, facilities operated by schools, the boy or girl scouts, the YMCA or YWCA, the boys and girls club, or church or religion organizations.
Fiscal Note
(Dated: March 10 2013) Not Significant.
Senate Status04/03/2013 - Taken off notice in Senate Judiciary Committee.
House Status04/19/2013 - House passed with amendment 1.
CaptionAN ACT to amend Tennessee Code Annotated, Title 37, Chapter 1; Title 37, Chapter 5; Title 38, Chapter 1; Title 39, Chapter 13, Part 5 and Title 39, Chapter 17, relative to reporting by authority figure.
SB1239 / HB1147 Forceful entry of search or arrest warrant.
CategoryCriminal Law
SponsorsSen. Jim Summerville / Rep. Andy Holt
DescriptionProhibits a warrant from authorizing the use of forceful entry, dynamic entry or other execution of the search than a peaceful knock and greeting, unless clearly necessary for the safety of officers, residents or other nearby persons or property.
Fiscal Note
(Dated: March 4 2013) Not Significant.
Senate Status02/25/2013 - Referred to Senate Judiciary.
House Status03/05/2013 - House Criminal Justice Subcommittee deferred to summer study.
CaptionAN ACT to amend Tennessee Code Annotated, Title 40, Chapter 6, relative to the execution of warrants.
SB1290 / HB1059 Aiding investigation, prosecution or detention of US citizen.
CategoryCriminal Law
SponsorsSen. Jim Summerville / Rep. Courtney Rogers
DescriptionProhibits an agency of this state, a political subdivision, an employee of an agency of this state or a political subdivision, a member of the Tennessee national guard on official state duty or a member of the Tennessee state guard and civil air patrol from assisting an agency of the armed forces of the United States in any investigation, prosecution or detention of any United States citizen if such aid would place the agency, political subdivision, employee or member in violation of the United States constitution or the state constitution or any law of this state. Creates an exemption for state and local law enforcement and the Tennessee national guard if the federal law enforcement agency indicates that the authority for the investigation, prosecution, or detention of any United States citizen is not based on section 1021 of the national defense authorization act for fiscal year 2012.
Fiscal Note
(Dated: March 17 2013) Not Significant.
Senate Status04/09/2013 - Taken off notice in Senate Judiciary Committee.
House Status03/26/2013 - Failed in House State Government Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4; Title 5; Title 6; Title 7; Title 8; Title 9; Title 38; Title 40 and Title 58, relative to United States citizens.
SB1305 / HB1202 Arrest or search and seizure by federal employee.
CategoryCriminal Law
SponsorsSen. Jim Summerville / Rep. Mark Pody
DescriptionProvides that a federal employee who is not designated as a Tennessee peace officer may not make an arrest or conduct a search and seizure in this state without the written permission of the sheriff of the county in which the arrest, search and seizure will take place except under certain circumstances.
Fiscal Note
(Dated: March 16 2013) Not Significant.
Senate Status04/09/2013 - Taken off notice in Senate Judiciary Committee.
House Status03/26/2013 - Taken off notice in House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 38, Chapter 3, Part 1, relative to the authority of certain federal employees in this state.
SB1335 / HB1224 Seizure and forfeiture of property on an interstate highway.
CategoryCriminal Law
SponsorsSen. Mike Bell / Rep. Vance Dennis
DescriptionRequires certain property seized on an interstate highway to be forfeited after the person whom it is seized is convicted of a criminal offense making the property subject to forfeiture.
Fiscal Note
(Dated: March 15 2013) Decrease State Revenue - $90,000/FY13-14 - $180,000/FY14-15 - Decrease State Expenditures - Net Impact - $35,000/FY13-14 - $70,000/FY14-15 - Decrease Local Revenue - Exceeds $100,000/Recurring.
Senate Status02/26/2013 - Referred to Senate Judiciary.
House Status03/26/2013 - Taken off notice in House Criminal Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 38; Title 39 and Title 40, Chapter 33, Part 2, relative to asset forfeitures.
SB1362 / HB1293 Continuous sexual abuse of a child.
CategoryCriminal Law
SponsorsSen. Ken Yager / Rep. Vince Dean
DescriptionCreates the Child Protection Act. Creates penalties for continuous sexual abuse of a child, including the creation of new felony offenses for sexually abusing a child three or more times over a 90 day period or five incidents involving two or more victims within a 90 day period. Requires prosecution to file a notice with the court identifying the multiple acts of sexual abuse of a child. Requires the court to consider additional factors when considering sentencing. Prohibits such persons convicted of continuous sexual abuse of a child from receiving release eligibility until serving the entire sentence. Requires such persons to receive a sentence of community supervision for life.
AmendmentHouse Criminal Justice Committee amendment 1, Senate Judiciary Committee amendment 1 (006681) adds a provision that requires either a common method or characteristic in the commission of the offense or the victims of the incidents of sexual abuse of a child have common characteristics with each other or with the defendant, which include but are not limited to being related to the defendant by blood or marriage, residing with the defendant, or the defendant being an authority figure and the victims knew each other. Removes the provisions that would allow the State to prosecute multiple allegations of sexual abuse of a child against one defendant in one prosecution in one venue. Requires the jury to unanimously agree on at least three specific acts of sexual abuse alleged against a defendant to convict the defendant under (e)(1) of the bill. The original bill only required the jury to agree that three or more acts occurred, but did not require the jury to agree on which acts constituted those three or more acts. Requires the jury to unanimously agree on at least five specific acts of sexual abuse alleged against a defendant to convict the defendant under (e)(2) of the bill. The original bill only required the jury to agree that five or more acts occurred, but did not require the jury to agree on which acts constituted those five or more acts. Removes the provision that would allow the court to admit and the jury to hear evidence that the defendant committed any other offense that would constitute a violation of, or an attempt to commit a violation of, continuous sexual abuse of a child; aggravated rape; rape; aggravated sexual battery; rape of a child; sexual battery of a child by an authority figure; soliciting sexual exploitation of a minor, exploitation of a minor by electronic means; aggravated rape of a child; or statutory rape by an authority figure.
Fiscal Note
(Dated: March 10 2013) Increase State Expenditures - $300,000/Incarceration.
Senate Status04/17/2013 - Senate Finance, Ways & Means Committee did not take action.
House Status04/18/2013 - Taken off notice in House Finance Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 39 and Title 40, relative to criminal law.
SB1496 / HB1407 Permits a handgun carry permit holder to carry in any state park.
CategoryCriminal Law
SponsorsSen. Stacey Campfield / Rep. Tilman Goins
DescriptionAllows a person with a valid handgun carry permit to carry a firearm in any state, county or municipal park or other recreation area. Removes provisions allowing counties and municipalities to prohibit possession and carrying of firearms in parks by resolution or ordinance.
AmendmentSenate amendment 1 (011684) rewrites the bill. Authorizes handgun carry permit holders to carry a firearm in any state, county, or municipal park or other recreation area. Declares that this provision shall not apply to the current prohibition from carrying weapons on school property pursuant to state law. Declares this authorization to take precedent over any ordinance or resolution adopted by a local government entity that prohibits or regulates the possession, carrying, or storage of a firearm or ammunition within or on the premises of any such park or recreation area. Declares that no city, county, or metropolitan government shall occupy any part of the field of regulation of the transfer, ownership, possession or transportation of firearms, ammunition or components of firearms or combinations thereof.
Fiscal Note
(Dated January 28, 2014) On January 20, 2014, a fiscal note was issued for this bill indicating the following estimated impact: Increase State Expenditures - $38,200/One-Time Increase Local Expenditures – Exceeds $10,000/Recurring* Based on additional information received from multiple entities concerning the estimated fiscal impact to local governments, the fiscal impact of the bill is estimated as follows: (CORRECTED) Increase State Expenditures - $38,200/One-Time Other Fiscal Impact – There may be additional expenditures for some local government entities if insurance premiums for civil liability increase; however, any such impact is dependent upon multiple unknown factors and cannot be reasonably quantified.
Senate Status02/13/2014 - Senate passed with amendment 1.
House Status02/05/2014 - Taken off notice in House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 39, Chapter 17, Part 13, relative to the carrying of weapons in certain parks and other recreational areas.
SB1501 / HB1741 Requires a search warrant in order to seize electronic customer data.
CategoryCriminal Law
SponsorsSen. Mark Green / Rep. Judd Matheny
DescriptionAllows a search warrant to be issued for electronic customer data held in electronic storage regardless of whether the customer data is located in this state or another state. Requires the warrant to be served within 11 days unless a shorter period of time is specified by the issuing magistrate. Sets deadlines for compliance with the warrant. Requires companies within this state to comply with similar warrants from other states if the company is served in a similar process. Requires law enforcement officer to notify the customer whose data is subject to the warrant. Sets up process for such customer to object to the warrant. (10 pp.)
Fiscal Note
(Dated January 27, 2014) Increase State Expenditures – Not Significant Other Fiscal Impact – According to local law enforcement agencies, the bill will impact their workload. However, the extent of the impact will be based on the number of cases in which this procedure will need to be used which is unknown. According to local law enforcement agencies, the new procedure would require an average of four hours of additional work per case at an average cost of $50 per hour for a law enforcement officer. It is reasonably estimated the increase in local expenditures will exceed $10,000.*
Senate Status02/11/2014 - Taken off notice in Senate Judiciary Committee.
House Status02/10/2014 - Withdrawn in House.
CaptionAN ACT to amend Tennessee Code Annotated, Title 40, Chapter 6, Part 1, relative to obtaining certain information by use of a search warrant.
SB1593 Class E felony - 2nd amendment encroachment.
CategoryCriminal Law
SponsorsSen. Jim Summerville
DescriptionClassifies the following as Class E felony criminal offenses punishable by a minimum of one year incarceration and a maximum of 36 months incarceration: (1) The violation of the rights of citizens to keep and bear arms under the Second Amendment of the United States Constitution by Presidential Executive Orders and Laws of Congress regarding background checks of state citizens purchasing, trading, or gifting of guns, or restrictions on gun ammunition, parts or components; (2) The violation of "dual sovereignty" established by the United States Constitution and efforts by the federal government to circumvent such through requirements that include states performing background checks on citizens purchasing guns and further federal regulation of internal matters reserved to the state legislatures; (3) The restriction of rights of state citizens, including citizen rights to keep and bear arms not subject to federal wishes, laws or orders, other restrictions on the number or type of arms, the quantity or quality of ammunition, or other such limitations; and (4) Efforts to enforce illegal acts, including federal treaties executed with foreign nations that have no bearing or effect on state citizen rights to keep and bear arms. Requires the attorney general to pursue all compensatory and punitive damages, all trebled.
Senate Status01/16/2014 - Referred to Senate Judiciary Committee.
House StatusNone
CaptionAN ACT to enact a State Interposition Act relative to the Second Amendment.
SB1607 / HB2145 Prohibited federal actions regarding firearms.
CategoryCriminal Law
SponsorsSen. Mae Beavers / Rep. Terri Lynn Weaver
DescriptionExtends the type of goods included under the Tennessee Firearms Freedom Act to a firearm, firearm accessory or ammunition that is present in the state or is owned or possessed by an individual or entity in the state. Specifies that those goods and the rights of an individual or entity relative to those goods will not be subject to any federal enactment or federal enforcement action in the state, and makes it a criminal offense to knowingly enforce or attempt to enforce any federal enactment or assist any federal enforcement action. Creates a Class A misdemeanor for a first offense, and a Class C felony for any subsequent offenses. Permits an individual or entity to petition a circuit or chancery court to appoint special counsel to seek declaratory relief for damages in the amount of $50,000 per violation under this bill, and the costs of such action will be paid by the state, including the court costs and reasonable attorney's fees.
Senate Status01/16/2014 - Referred to Senate Judiciary Committee.
House Status02/04/2014 - Referred to House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4, Chapter 54, relative to the Tennessee Firearms Freedom Act.
SB1647 / HB1555 Makes immediate methamphetamine precursor a controlled substance.
CategoryCriminal Law
SponsorsSen. Doug Overbey / Rep. David Shepard
DescriptionClassifies immediate methamphetamine precursors as controlled substances under Schedule VII. Allows additional prescriptions for immediate methamphetamine precursor to be issued by certain persons. Adds immediate methamphetamine precursors to the list of drugs that information is submitted to the controlled substance database. Allows a pharmacist to dispense immediate methamphetamine precursor for a period up to six months with a certain oral prescription.
Senate Status01/16/2014 - Referred to Senate Judiciary Committee.
House Status01/23/2014 - Referred to House Criminal Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 39, Chapter 17, Part 4; Title 53, Chapter 10; Title 53, Chapter 11 and Title 63, Chapter 10, relative to products containing methamphetamine precursor.
SB1649 / HB2176 Eliminates release eligibility-attempted first degree murder.
CategoryCriminal Law
SponsorsSen. Doug Overbey / Rep. Barrett Rich
DescriptionRequires that a person committing attempted first degree murder, where the victim suffers serious bodily injury, will not be eligible for release until at least 90 percent, whereas before it was 85 percent, of the sentence imposed by the court less sentence credits earned has been served. Requires that the sentence reduction credits cannot reduce below 80 percent, whereas before it was 75 percent, the percentage of sentence imposed by the court that must be served before becoming eligible for release.
AmendmentSenate Judiciary amendment 1 (012029) adds new section providing that current sentencing provision only applies to violation occurring on or after July 1, 2013 and on or before June 30, 2014
Fiscal Note
(Dated February 3, 2014) Increase State Expenditures – $71,900/Incarceration*
Senate Status02/04/2014 - Senate Judiciary Committee recommended with amendment 1 (012029), which keeps the current release eligibility process the same until this bill becomes effective on July 1, 2014. Sent to Senate Finance.
House Status02/04/2014 - Referred to House Criminal Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 39 and Title 40, relative to criminal offenses, sentencing and criminal procedure.
SB1657 / HB2417 Interception of communications for evidence.
CategoryCriminal Law
SponsorsSen. Brian K. Kelsey / Rep. Dawn White
DescriptionAdds trafficking a person for a commercial sex act, promoting prostitution, patronizing prostitution, especially aggravated sexual exploitation of a minor, solicitation of a minor, soliciting sexual exploitation of a minor-exploitation of minor by electronic means, kidnapping, aggravated kidnapping, and especially aggravated kidnapping to the list of crimes eligible for the interception of communications for evidence.
AmendmentSenate Judiciary amendment 1 (012085) removes kidnapping, aggravated kidnapping, and especially aggravated kidnapping from the list of offenses for which a wiretapping warrant may be obtained.
Fiscal Note
(Dated February 3, 2014) Increase State Expenditures – $1,175,800/Incarceration*
Senate Status02/10/2014 - Re-referred to Senate Judiciary Committee on the Senate Floor 02/10/2014.
House Status02/10/2014 - Referred to House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 40, Chapter 6, Part 3, relative to communication intercepts.
SB1658 / HB2355 Statutes of limitations - sex offenses against children.
CategoryCriminal Law
SponsorsSen. Rusty Crowe / Rep. Jim Coley
DescriptionExtends the period of limitation of prosecution for trafficking child for commercial sex act or soliciting sexual exploitation by minor to 25 years from the date the child becomes 18 years old. Creates the period of limitation of prosecution for patronizing or promoting prostitution concerning a child to 10 years from the date the child becomes 18 years old up to June 30, 2014 and extends that period of limitation of prosecution to 25 years beginning July 1, 2014.
Fiscal Note
(Dated February 3, 2014) NOT SIGNIFICANT
Senate Status02/20/2014 - Senate passed.
House Status02/12/2014 - Referred to House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 40, Chapter 2, relative to criminal procedure.
SB1661 / HB1688 Criminal offense - mass picketing and targeted residential picketing.
CategoryCriminal Law
SponsorsSen. Brian K. Kelsey / Rep. Jeremy Durham
DescriptionCreates Class C misdemeanor to intentionally, knowingly, or recklessly engage in certain mass picketing activities during a labor dispute unless such picketing occurs at a governmental building or facility. Specifies that such offense applies if such picketing occurs at a private residence in certain situations.
Fiscal Note
(Dated February 9, 2014) NOT SIGNIFICANT
Senate Status01/22/2014 - Referred to Senate Judiciary Committee.
House Status02/19/2014 - House Consumer & Human Resources Subcommittee deferred to 02/26/14.
CaptionAN ACT to amend Tennessee Code Annotated, Title 39, Chapter 17, Part 3, relative to mass picketing and targeted residential picketing.
SB1662 / HB1687 Criminal activities involving union and employee organizations.
CategoryCriminal Law
SponsorsSen. Brian K. Kelsey / Rep. Jeremy Durham
DescriptionMakes certain activities related to labor and employment relationships unlawful. Under present law, a person commits the Class B felony of bribery of a public servant who offers, confers, or agrees to confer any monetary benefit upon a public servant with the intent to influence the public servant's vote, opinion, judgment, exercise of discretion or other action in the public servant's official capacity. Specifies that it is not a defense to prosecution for this offense that the person who sought to influence a public official took action on behalf of a public or private organization, corporation, union, agency or other entity, for purposes of an organizing campaign or any other lawful purpose. Generally, under present law, a person commits the Class D felony of extortion who uses coercion upon another person with the intent to: (1) Obtain property, services, any advantage or immunity; or (2) Restrict unlawfully another's freedom of action. Adds that a person would also commit extortion who uses coercion upon another person with the intent to impair a business, a union, or the owners or employees of a business, from exercising their rights in an effort to obtain something of value for a public or private organization, corporation, union agency, person or other entity, including a neutrality agreement, card check agreement, recognition, or any other objective of an organized effort to unlawfully bring pressure on an entity, other than through collective bargaining, or any other activity protested by federal law, for the purpose of influencing a labor relation's goal or objective. Under present law, a person commits a Class A misdemeanor who knowingly participates in a riot. A person commits the Class A misdemeanor of inciting to riot who incites or urges three or more persons to create or engage in a riot. A person commits the Class E felony of aggravated riot who: (1) Knowingly participates in a riot; and (2) As a result of the riot a person other than one of the participants suffers bodily injury or substantial property damage occurs. This bill specifies that any otherwise lawful activity, such as the participation in a union or employee organized event may constitute a riot if the public peace is disturbed by tumultuous or threatening conduct.
Fiscal Note
(Dated February 9, 2014) NOT SIGNIFICANT
Senate Status01/22/2014 - Referred to Senate Judiciary Committee.
House Status02/19/2014 - House Consumer & Human Resources Subcommittee deferred to 02/26/14.
CaptionAN ACT to amend Tennessee Code Annotated, Title 39, Chapter 14; Title 39, Chapter 16 and Title 39, Chapter 17, relative to disruptive and illegal conduct.
SB1701 / HB1405 Defines type of vehicle-handgun permit holder can store a firearm.
CategoryCriminal Law
SponsorsSen. Mark Green / Rep. Gerald McCormick
DescriptionDefines "motor vehicle" for purposes of the type of vehicle in which a handgun carry permit holder may transport and store a firearm or firearm ammunition in a parking lot.
Fiscal Note
(Dated January 17, 2014) NOT SIGNIFICANT
Senate Status02/05/2014 - Senate passed.
House Status02/13/2014 - Set for House Regular Calendar 02/20/14.
CaptionAN ACT to amend Tennessee Code Annotated, Title 39, Chapter 17, Part 13, relative to motor vehicles in or on which a firearm or firearm ammunition may be transported or stored by a handgun carry permit holder.
SB1704 / HB2374 Determination that a person's use of force was justifiable.
CategoryCriminal Law
SponsorsSen. Frank Niceley / Rep. Paul Bailey
DescriptionUnder current law, an individual will not be charged or convicted of a crime if that individual possessed, displayed or employed a handgun in justifiable self-dense or defense of another during the commission of a crime, when the individual or the person defended was a victim. Revises the defense as follows: (1) Specifies that the defense applies if it is determined that the person used force with a weapon in a manner justified under the present law provisions governing self-defense and defense of others; (2) Expands it to cover all firearms and other deadly weapons; (3) Provides for the dismissal of any criminal charges for unlawful possession, use, transportation or storage of a firearm or other deadly weapon arising from the conduct determined to be self-defense or defense of another; (4) The records of any arrest, indictment, trial or conviction for any such charge will be expunged without cost to the individual; (5) The individual will be restored to the legal status they had before the arrest, indictment, trial, or conviction, including rights to carry firearms if otherwise eligible to do so; and (6) The dismissal of any administrative complaint brought against the individual resulting from the possession, use, transportation or storage of a firearm or other deadly weapon during the use of such force.
Senate Status01/22/2014 - Referred to Senate Judiciary Committee.
House Status02/12/2014 - Referred to House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Section 39-17-1322, relative to certain collateral criminal charges where use of force is determined to be justified.
SB1733 / HB1667 Firearms - transportation and storage in vehicles.
CategoryCriminal Law
SponsorsSen. Mae Beavers / Rep. Mark Pody
DescriptionAllows the transportation and storage of any lawful personal property, including firearms and ammunition, in any privately owned motor vehicles throughout the state with permission of the motor vehicle owner. Allows such transportation and storage regardless of owner's permission in leased or rented vehicles. Allows the storage of firearms in vehicles on certain property throughout the state. Creates civil liability for certain real property owners or managers to prohibit or take any action against a person lawfully storing a firearm in a vehicle. Limits civil liability for real property owners for certain injuries from firearms.
Senate Status01/23/2014 - Referred to Senate Judiciary Committee.
House Status01/29/2014 - Referred to House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 39, Chapter 17, relative to state weapons regulation.
SB1751 / HB1574 Limits on the purchase of ephedrine and pseudoephedrine.
CategoryCriminal Law
SponsorsSen. Mark S. Norris / Rep. Gerald McCormick
DescriptionProhibits pharmacies from selling and any person from purchasing more than 2.4 grams, instead of 9 grams, of ephedrine or pseudoephedrine base, or their salts, isomers or salts of isomers in any 30 consecutive day period. Allows a pharmacist or pharmacist intern to override the automatic NPLEx stop sale alert and sell to a purchaser an additional 2.4 grams of such drug as long as it does not exceed 4.8 grams in any 30 consecutive day period. Grants a pharmacist, pharmacist intern, and person directing the stop sale alert an affirmative defense from any civil or criminal liability for directing or overriding the stop sale alert. (Part of Administration Package)
Senate Status01/23/2014 - Referred to Senate Judiciary Committee.
House Status01/23/2014 - Referred to House Criminal Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 39, Chapter 17, Part 4, relative to products containing ephedrine and pseudoephedrine.
SB1756 / HB2144 Reserves the entire field of arm regulation to the state.
CategoryCriminal Law
SponsorsSen. Mae Beavers / Rep. Terri Lynn Weaver
DescriptionReserves the entire field of regulation of arms and weapons to the state instead of federal or local governments. Allows local governments to regulate possession of weapons by local government officials in the course of official duties. Prohibits local governments from maintaining certain firearm databases. Authorizes civil action for a violation of required preemption.
Fiscal Note
(Dated February 17, 2014) NOT SIGNIFICANT
Senate Status01/23/2014 - Referred to Senate Judiciary Committee.
House Status02/04/2014 - Referred to House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Section 39-17-1314, relative to state preemption of weapons regulation.
SB1774 / HB1480 Possession of a firearm in a vehicle without a permit.
CategoryCriminal Law
SponsorsSen. Mike Bell / Rep. Jeremy Faison
DescriptionCreates an exception to the offense of carrying a firearm in public without a handgun carry permit if the person is not prohibited from carrying a firearm and is carrying the firearm in a privately-owned motor vehicle.
Fiscal Note
(Dated January 28, 2014) NOT SIGNIFICANT
Senate Status01/23/2014 - Referred to Senate Judiciary Committee.
House Status01/22/2014 - Referred to House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 39, Chapter 17, Part 13, relative to the carrying or possession of a firearm in a motor vehicle.
SB1780 Abuse or gross neglect of disabled adult or elderly person.
CategoryCriminal Law
SponsorsSen. Rusty Crowe
DescriptionCreates a Class D felony to knowingly physically abuse or grossly neglect a disabled adult or elderly person if the abuse results in mental or physical harm.
Senate Status01/23/2014 - Referred to Senate Judiciary Committee.
House StatusNone
CaptionAN ACT to amend Tennessee Code Annotated, Title 40 and Title 71, Chapter 6, relative to abused persons.
SB1794 / HB2337 Minimum sentencing for repeat domestic assault offenders.
CategoryCriminal Law
SponsorsSen. Becky Duncan Massey / Rep. Sherry Jones
DescriptionExtends the minimum sentencing requirement for a second conviction of domestic assault from 30 days to 45 consecutive days and from 90 days to 120 consecutive days for a third or subsequent conviction. Requires persons convicted of domestic assault to serve the minimum sentence day for day, in addition to serving the difference in time actually served and the maximum sentence on probation. Authorizes the sheriff or chief administrative officer of a local jail to use an alternative facility for the incarceration of an assault offender if space is not otherwise available within 90 days of conviction. Requires the alternative facility to be approved by an appropriate county of municipal body.
Senate Status01/23/2014 - Referred to Senate Judiciary Committee.
House Status02/06/2014 - Referred to House Criminal Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 39, Chapter 13, Part 1, relative to domestic assault.
SB1841 / HB1985 Statute of limitations lengthened when DNA identifies defendant.
CategoryCriminal Law
SponsorsSen. Mark S. Norris / Rep. Karen D. Camper
DescriptionExtends the statute of limitations for the felony sexual offenses of rape, aggravated rape, rape of child, and aggravated rape of a child under circumstances where DNA evidence identifies the defendant. Broadly Captioned.
Fiscal Note
(Dated February 13, 2014) NOT SIGNIFICANT
Senate Status02/18/2014 - Senate Judiciary Committee deferred to 02/25/14.
House Status02/04/2014 - Referred to House Criminal Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 24; Title 38; Title 39 and Title 40, relative to the statute of limitations for certain felony sexual offenses.
SB1849 / HB1907 Fourth Amendment Protection Act.
CategoryCriminal Law
SponsorsSen. Stacey Campfield / Rep. Andy Holt
DescriptionCreates the Fourth Amendment Protection Act. Prohibits state, local governments, and government contractors from cooperating with federal collection of electronic data or metadata without a warrant. Creates penalties for such parties that violate this act.
Fiscal Note
(Dated:February 9, 2014) Other Fiscal Impact – Local law enforcement entities could be subject to sanctions or penalties if complying with the proposed legislation would take them out of compliance with a federal law or regulation. However, there is not sufficient data to reasonably estimate the amount of sanctions or penalties to which local governments could be subject.
Senate Status02/11/2014 - Taken off notice in Senate Judiciary Committee.
House Status01/29/2014 - Referred to House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 39, Chapter 13, Part 6 and Title 40, Chapter 6, relative to the "Fourth Amendment Protection Act".
SB1892 / HB1779 Surveillance using unmanned aircraft.
CategoryCriminal Law
SponsorsSen. John Stevens / Rep. Curtis G. Johnson
DescriptionCreates a Class C misdemeanor offense of using unmanned aircraft to capture an image of an individual or privately owned real property with the intent to conduct surveillance on the individual or property captured in the image. Also creates an offense for knowingly using an image captured by a state or local government agency in a manner other than the lawful purpose for which the image was captured. Specifies that it is a defense to prosecution if the person destroys the image as soon as the person has knowledge that the image captured was in violation and the person does not disclose, display or distribute the image to a third party. Specifies instances in which it is lawful to capture an image with an unmanned aircraft, including scholarly research, mapping, and military operations.
Senate Status01/27/2014 - Referred to Senate Judiciary Committee.
House Status01/23/2014 - Introduced in the House.
CaptionAN ACT to amend Tennessee Code Annotated, Title 29 and Title 39, relative to the protection of privacy.
SB1929 / HB2270 Money laundering involving TennCare fraud.
CategoryCriminal Law
SponsorsSen. Lowe Finney / Rep. Raumesh Akbari
DescriptionCreates Class E felony punishable only by a fine of 5,000 dollars for a business or other entity to use property to obtain, purchase, display, sell, conceal, comingle, or transport criminal proceeds or commit TennCare fraud. Creates Class B felony for a business, entity, or person to commit on five or more separate occasions a certain type of TennCare fraud. Requires any assets used to commit such fraud to be subject to forfeiture.
Senate Status01/27/2014 - Referred to Senate Judiciary Committee.
House Status02/05/2014 - Referred to House Criminal Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 39, Chapter 14, Part 9, relative to money laundering.
SB1944 / HB1718 Observation without consent - minor victim.
CategoryCriminal Law
SponsorsSen. Jack Johnson / Rep. Charles M. Sargent
DescriptionIncreases penalty from a Class A misdemeanor to a Class E felony for observation without consent if victim is a minor and five years younger than the defendant.
Fiscal Note
(Dated: February 6, 2014) Increase State Expenditures - $3,200/Incarceration*
Senate Status01/27/2014 - Referred to Senate Judiciary Committee.
House Status02/18/2014 - Taken off notice in House Criminal Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Section 39-13-607, relative to observation without consent.
SB1955 / HB1520 POST training for judges carrying firearm in courtroom.
CategoryCriminal Law
SponsorsSen. Dolores R. Gresham / Rep. Steve McDaniel
DescriptionRemoves the requirement that judges must complete POST training in order to carry a firearm during the discharge of the judge's official duties. Requires that such a judge keep the handgun concealed at all times when in the discharge of such duties.
Fiscal Note
(Dated January 28, 2014) NOT SIGNIFICANT
Senate Status01/27/2014 - Referred to Senate Judiciary Committee.
House Status01/22/2014 - Referred to House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Section 39-17-1306, relative to carrying weapons during judicial proceedings.
SB1983 / HB1794 Permits carrying a firearm if not prohibited by law.
CategoryCriminal Law
SponsorsSen. Stacey Campfield / Rep. John Mark Windle
DescriptionAllows persons who are not already prohibited from carrying a firearm to carry a firearm. Increases penalty for carrying a firearm for persons who are currently prohibited from carrying a firearm. Increases such penalties to a Class B misdemeanor from a Class C misdemeanor for a first violation and to a Class A misdemeanor from a Class B misdemeanor for a second violation.
Senate Status01/27/2014 - Referred to Senate Judiciary Committee.
House Status02/04/2014 - Referred to House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 39, Chapter 17, Part 13, relative to the carrying and possession of firearms.
SB1993 / HB1659 Creates second offense for texting while driving.
CategoryCriminal Law
SponsorsSen. Thelma Harper / Rep. Johnny W. Shaw
DescriptionCreates second offense of using a hand-held mobile telephone to transmit written messages while driving a motor vehicle to include a fine up to 1,000 dollars instead of 50 dollars for each offense. Removes the 10 dollar limit on court costs that can be imposed on such offense whether first or subsequent.
Fiscal Note
(Dated February 6, 2014) Increase State Revenue – Net Impact - $9,500 Increase Local Revenue – $500
Senate Status01/27/2014 - Referred to Senate Transportation & Safety Committee.
House Status02/19/2014 - House Transportation Subcommittee deferred to 02/26/14.
CaptionAN ACT to amend Tennessee Code Annotated, Title 39; Title 40 and Title 55, relative to using text messaging services while operating a motor vehicle.
SB2037 / HB2308 Lengthens statute of limitations - certain felony offenses.
CategoryCriminal Law
SponsorsSen. Brian K. Kelsey / Rep. Debra Moody
DescriptionLengthens the statute of limitations for aggravated rape, rape, rape of a child, and aggravated rape of a child under certain circumstances where DNA evidence identifies the defendant.
Fiscal Note
(Dated: February 9, 2014) NOT SIGNIFICANT
Senate Status02/18/2014 - Senate Judiciary Committee deferred to 02/25/14.
House Status02/12/2014 - Referred to House Criminal Justice Subcommittee.
CaptionCriminal Procedure - As introduced, lengthens the statute of limitations for certain felony sexual offenses under certain circumstances where DNA evidence identifies the defendant.
SB2040 / HB2329 Added violent sexual offense and changes to sex offender registry.
CategoryCriminal Law
SponsorsSen. Brian K. Kelsey / Rep. John J. Deberry Jr.
DescriptionDefines violent sexual offense to include certain criminal attempt convictions under repealed criminal attempt code provisions. Requires person who is on the sexual offender registry due to conviction from another state to remain on the registry for at least five years.
Fiscal Note
(Dated February 7, 2014) NOT SIGNIFICANT
Senate Status02/18/2014 - Senate Judiciary Committee deferred to 02/25/14.
House Status02/12/2014 - Referred to House Criminal Justice Subcommittee.
CaptionSexual Offenders - As introduced, adds convictions for criminal attempt to commit a violent sexual offense under repealed criminal attempt law to the definition of violent sexual offenses; requires person who is on the sexual offender registry due to conviction from another state to remain on the registry for at least five years.
SB2084 / HB2188 Statute of limitations - rape or aggravated rape.
CategoryCriminal Law
SponsorsSen. Mark S. Norris / Rep. Joe Towns Jr.
DescriptionEliminates the statute of limitations for acts committed on or after July 1, 2014, that constitute the crimes of aggravated rape or rape.
Fiscal Note
(Dated February 16, 2014) NOT SIGNIFICANT
Senate Status02/18/2014 - Senate Judiciary Committee deferred to 02/25/14.
House Status02/04/2014 - Referred to House Criminal Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 39 and Title 40, relative to rape.
SB2087 / HB2087 Location information of electronic device without search warrant.
CategoryCriminal Law
SponsorsSen. Mae Beavers / Rep. James (Micah) Van Huss
DescriptionProhibits governmental entities from obtaining the location information of an electronic device without a search warrant issued by a duly authorized court, except in the following circumstances: (1) The device is reported stolen by the owner; (2) In order to respond to the user's call for emergency services; (3) To prevent imminent danger to the life of the owner or user; (4) To prevent imminent danger to the public; or (5) With the informed, affirmative consent of the owner or user of the electronic device. Any evidence obtained in violation of this bill will not be admissible in a civil, criminal, or administrative proceeding and may not be used in an affidavit of probable cause in an effort to obtain a search warrant. Creates a class C misdemeanor for violation of the statute.
Senate Status01/29/2014 - Referred to Senate Judiciary Committee.
House Status01/29/2014 - Referred to House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 39, Chapter 13, Part 6, relative to surveillance.
SB2149 / HB2048 Criminal background check - offenses expunged.
CategoryCriminal Law
SponsorsSen. Reginald Tate / Rep. Brenda Gilmore
DescriptionProhibits a private entity that performs criminal background checks from reporting that a person has been convicted of an offense, if the offense has been expunged.
Fiscal Note
(Dated: February 6, 2014) NOT SIGNIFICANT
Senate Status01/29/2014 - Referred to Senate Judiciary Committee.
House Status02/18/2014 - House Criminal Justice Subcommittee recommended. Sent to House Criminal Justice Committee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 40, relative to the effects of expunction on employment.
SB2154 / HB1866 Registry - convicted arson offenders.
CategoryCriminal Law
SponsorsSen. Dolores R. Gresham / Rep. Steve McManus
DescriptionEstablishes the Tennessee arsonist registry (TAR) to maintain information on convicted arson offenders and help facilitate the sharing of such information between law enforcement agencies. Requires arson offenders to report to law enforcement agencies in certain situations, such as, but not limited to, the changing of their primary residence in this state, moving to another state, or being released from probation or parole. Requires persons registering as arson offenders to complete a TBI registration form, providing detailed personal information to add to the registry. Provides that at least once a year, except in certain situations, all arson offenders are to report to their designated law enforcement agency to update their information and to pay an annual administration costs not to exceed $150. Requires an arson offender's designated registering agency to verify the accuracy and completeness of information provided by the offender. Requires information regarding the requirements of this statute be provided to an arson offender by a proper law enforcement officer upon being released from incarceration, or by the court if the offender is placed on unsupervised probation. Upon gathering information from arson offenders, the TBI is to organize the information in the TAR and make it available to law enforcement agencies. Establishes the offense of a Class E felony for failure to comply with the provisions of this statute; the first offense shall be punishable by a fine of no less than $350 and imprisonment for no less than 90 days; no less than $600 dollars and 180 days imprisonment for the second offense; and no less than $1,100 and one year imprisonment for the third offense. (14 pp.)
Senate Status01/29/2014 - Referred to Senate Judiciary Committee.
House Status02/04/2014 - Referred to House Criminal Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 10, Chapter 7; Title 39 and Title 40, relative to a registry for arson offenders.
SB2158 State interposition act - firearms.
CategoryCriminal Law
SponsorsSen. Jim Summerville
DescriptionEnacts a state interposition act that permits resistance and punishes interference with interposition with respect to any attempt of the federal government to regulate the sale, purchase, trade or gift of firearms within the state. Creates a Class E felony to knowingly conspire or act with intent of interfering with the interposition act. Authorizes attorney general to pursue civil action against such person.
Senate Status01/29/2014 - Referred to Senate Judiciary Committee.
House StatusNone
CaptionAN ACT to enact a State Interposition Act relative to the Second Amendment.
SB2167 / HB2286 Domestic violence victim cannot post bail of charged.
CategoryCriminal Law
SponsorsSen. Charlotte Burks / Rep. Johnnie Turner
DescriptionProhibits an alleged victim of domestic violence from posting bail or signing any bond as surety for the appearance of the person who is charged with an act of domestic violence against the victim. Defines an act of domestic violence. Broadly captioned.
Senate Status01/29/2014 - Referred to Senate Judiciary Committee.
House Status02/05/2014 - Referred to House Criminal Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 36, Chapter 3, Part 6; Title 39 and Title 40, Chapter 11, relative to crimes of domestic violence.
SB2168 / HB2285 Service of restraining orders - domestic violence.
CategoryCriminal Law
SponsorsSen. Charlotte Burks / Rep. Johnnie Turner
DescriptionRequires any pending order of protection to be served on domestic violence offender before release following the mandatory 12 hour holding period. Requires a copy of protection order to be issued to any court where the respondent or petitioner are parties to an action. Requires the petitioner and respondent to notify the judge of any such court.
Senate Status01/29/2014 - Referred to Senate Judiciary Committee.
House Status02/05/2014 - Referred to House Criminal Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 36, Chapter 3, Part 6; Title 39, Chapter 13, Part 1 and Title 40, Chapter 11, Part 1, relative to domestic violence.
SB2215 / HB2038 Electronic tracking of motor vehicles.
CategoryCriminal Law
SponsorsSen. James F. Kyle Jr. / Rep. Bo Mitchell
DescriptionIncreases the penalty for electronic tracking of motor vehicles from a Class C misdemeanor to a Class A misdemeanor.
Fiscal Note
(Dated February 13, 2014) NOT SIGNIFICANT
Senate Status01/29/2014 - Referred to Senate Judiciary Committee.
House Status02/18/2014 - House Criminal Justice Subcommittee deferred to 02/25/2014.
CaptionAN ACT to amend Tennessee Code Annotated, Title 39, Chapter 13, Part 6, relative to invasion of privacy.
SB2241 / HB1749 Motor Vehicle Event Data Recorder Act.
CategoryCriminal Law
SponsorsSen. Jim Tracy / Rep. Sheila Butt
DescriptionEnacts the "Motor Vehicle Event Data Recorder Act". Defines "event data" as records of one or more of the following categories of information regarding a motor vehicle that are captured by an event data recorder: vehicle air bag deployment; vehicle speed; vehicle steering performance; vehicle brake performance or use; or vehicle seatbelt status or use. Establishes that event data that is recorded on an event data recorder may be retrieved or used by a person who is not the owner of the motor vehicle only under certain conditions outlined in the statute. Prohibits a person who has retrieved or used event data from releasing or sharing with another person such data on an event data recorder, except in a few instances, such as if the owner of the motor vehicle consented to the release or the data is subject to discovery in a criminal prosecution involving a motor vehicle accident. Provides that if a motor vehicle is equipped with an event data recorder that is capable of recording or transmitting event data and that capability is part of a subscription service, the fact that the event data may be recorded or transmitted must be disclosed in the subscription service agreement. Event data from an event data recorder may be retrieved, obtained and used by a subscription service provider for subscription services meeting this provision. Knowingly retrieving, obtaining, or using event data that is recorded on an event data recorder in violation of this bill will be a Class C misdemeanor. Provides that event data does not become the property of an insurer because the insurer succeeds in ownership of a motor vehicle as a result of an accident, or the property of a subsequent purchaser because the purchaser becomes the new owner. Prohibits an insurer or a lessor from requiring an owner to consent to the retrieval of data on the event data recorder as a condition of providing the policy or lease.
Senate Status01/29/2014 - Referred to Senate Judiciary Committee.
House Status01/23/2014 - Referred to House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 40, Chapter 6 and Title 55, Chapter 3, Part 1, to enact the "Motor Vehicle Event Data Recorder Act".
SB2242 / HB1704 Observation without consent - third offense.
CategoryCriminal Law
SponsorsSen. Jim Tracy / Rep. Eric Watson
DescriptionAdds the offense of observation of consent to the definition of "sexual offense" for purposes of sexual offender registration and monitoring.
AmendmentHouse Criminal Justice Subcommittee amendment 1 (011455) corrects administrative errors on the bill.
Fiscal Note
(Dated February 14, 2014) NOT SIGNIFICANT
Senate Status01/29/2014 - Referred to Senate Judiciary Committee.
House Status02/18/2014 - House Criminal Justice Subcommittee recommended with amendment. Sent to House Criminal Justice Committee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 40, Chapter 39, relative to sexual offender registration and monitoring.
SB2360 / HB1388 Requires sexual assault evidence be submitted to TBI.
CategoryCriminal Law
SponsorsSen. Mark S. Norris / Rep. Antonio Parkinson
DescriptionRequires law enforcement agencies that receive sexual assault evidence in connection with the investigation of a criminal case must submit evidence from the case within 10 business days of receipt to a TBI forensic laboratory or a laboratory approved and designated by the TBI director. Requires all sexual assault evidence must be analyzed within six months after receipt by the TBI or other designated laboratory if sufficient staffing and resources are available. Establishes that by July 1, 2015, each law enforcement agency must provide written notice to the TBI regarding the number of sexual assault cases in the custody for which has not been previously submitted to a laboratory for analysis. Provides that within 180 days after the effective date of this bill, arrangements must be made to ensure that all such sexual assault evidence is submitted for analysis. Requires the TBI to submit, by January 1, 2016, to the governor, the attorney general, the Tennessee district attorney generals conference, and both houses of the general assembly a plan for analyzing cases submitted pursuant to this bill.
Senate Status02/18/2014 - Senate Judiciary Committee deferred to 02/25/14.
House Status01/15/2014 - Referred to House Criminal Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 38, Chapter 6, Part 1; Title 39 and Title 40, relative to forensic medical examinations.
SB2374 / HB2192 Statutes of limitation - rape or aggravated rape.
CategoryCriminal Law
SponsorsSen. Stacey Campfield / Rep. Joe Towns Jr.
DescriptionRequires a person to be prosecuted, tried and punished for acts of rape or aggravated rape that occur on or after July 1, 2014, within twenty years from either the date the offense occurs if no DNA analysis was performed or the date of completion where a DNA analysis was performed on evidence obtained from a forensic medical examination. Defines forensic medical examination as an examination performed on the victim by a health care provider to gather and preserve evidence of a sexual assault for use in a prosecution.
Senate Status01/29/2014 - Referred to Senate Judiciary Committee.
House Status02/04/2014 - Referred to House Criminal Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 39, Chapter 13, Part 5 and Title 40, Chapter 2, relative to statutes of limitation.
SB2446 / HB2098 Creates offense of distributing an image to cause emotional distress.
CategoryCriminal Law
SponsorsSen. Ophelia Ford / Rep. Gary Odom
DescriptionCreates an offense to photograph or record an intimate body part uncovered or visible through clothing of another person with the understanding that the image shall remain private and afterwards distribute the image with the intent to cause emotional distress and the person suffers emotional distress. Defines "intimate body part" to mean any portion of the genitals or breasts. Establishes a Class A misdemeanor for a violation of this offense.
Fiscal Note
(Dated February 16, 2014) NOT SIGNIFICANT
Senate Status02/05/2014 - Referred to Senate Judiciary Committee.
House Status02/18/2014 - House Criminal Justice Subcommittee deferred to 02/25/2014.
CaptionAN ACT to amend Tennessee Code Annotated, Title 39, Chapter 13, relative to offenses against person.
SB2532 / HB1519 Prosecution for illegal use of narcotics during pregnancy.
CategoryCriminal Law
SponsorsSen. Charlotte Burks / Rep. John J. Deberry Jr.
DescriptionAuthorizes the prosecution of a woman for the illegal use of a narcotic drug taken while pregnant that results in harm to the victim (the fetus or child) or causes the victim to be addicted or dependent on the narcotic drug. Allows for the active enrollment in a long term addiction recovery program before the birth of the child, the continued enrollment in that program, and successfully completion of the program to qualify as an affirmative defense for a woman who is charged for such an offense. Allows any person charged under the statute to qualify for judicial diversion or drug court or both. The following alternative shall be available only for a first offense charge.
Fiscal Note
(Dated February 14, 2014) NOT SIGNIFICANT
Senate Status02/10/2014 - Referred to Senate Judiciary Committee.
House Status02/18/2014 - House Criminal Justice Subcommittee deferred to 02/25/2014.
CaptionAN ACT to amend Tennessee Code Annotated, Title 39 and Title 40, relative to criminal law.
HB108 Employee information about a firearm in a vehicle.
CategoryCriminal Law
SponsorsRep. Sheila Butt
DescriptionProvides that a public or private employer cannot require an applicant for employment or an employee to disclose information about the ownership or storage of a firearm in the applicant or employee's vehicle. Gives immunity to property owner for civil actions based upon the storage of a firearm in the employee's vehicle.
Fiscal Note
(Dated: February 10 2013) Not Significant.
Senate StatusNone
House Status02/05/2013 - Referred to House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 39, Chapter 17, Part 13, relative to handgun carry permits.
HB351 Revises requirements for bond notices and premiums.
CategoryCriminal Law
SponsorsRep. Barbara W. Cooper
DescriptionRevises requirements for bond notices and premiums. Requires certain courts to maintain a record of certain bond-related information.
Senate StatusNone
House Status02/04/2013 - Withdrawn in House.
CaptionAN ACT to amend Tennessee Code Annotated, Title 40, Chapter 11, relative to bail.
HB914 Creates the offense of attorney misconduct.
CategoryCriminal Law
SponsorsRep. Andy Holt
DescriptionEstablishes the Class A misdemeanor offense of attorney misconduct. Provides that the injured party may also recover treble damages for attorney misconduct by civil action.
Fiscal Note
(Dated: March 22 2013) Not Significant.
Senate StatusNone
House Status02/13/2013 - Referred to House Civil Justice Committee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 16; Title 17; Title 20; Title 23 and Title 39, relative to misconduct by attorneys.
HB1454 Creates the crime of chemical endangerment of a fetus.
CategoryCriminal Law
SponsorsRep. Dennis Powers
DescriptionEstablishes that knowingly, recklessly, or intentionally causing or permitting a human embryo or fetus at any stage of gestation in utero to be exposed to, ingest or have contact with a controlled substance or harmful chemical is chemical endangerment, a Class C felony. Imposes a Class B felony where the child is born with serious physical injury and a Class A felony where the ingestion or contact results in the death of the child. It is an affirmative defense if the controlled substance was a properly administered lawful prescription.
Senate StatusNone
House Status01/22/2014 - Referred to House Criminal Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 37; Title 39, Chapter 13 and Title 39, Chapter 15, relative to exposure of unborn children to controlled substances.
HB1506 Storing a firearm- civil action and injunction by an employee to an employer.
CategoryCriminal Law
SponsorsRep. Kelly Keisling
DescriptionProvides that an employer, business entity, owner, manager, or legal owner of the property shall be liable in any civil action for damages if they terminate, punish, demote or discipline an employee who is in compliance with Tennessee code relative to the transporting and storing a firearm or firearm ammunition in a permit holder's privately owned motor vehicle. Allows an employee to seek from the court, an injunction against an employer who is violating this section. Permits the court to award actual damages; expert witness fees and expenses; court cost and reasonable attorney's fees. Also permits the court to order the business entity from committing further violations of this section. Establishes that this section shall not limit a person's right or remedies under state and federal law.
Senate StatusNone
House Status01/22/2014 - Referred to House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Section 39-17-1313, relative to employee punishment for lawfully exercising the right to transport and store a firearm.

Education - 32

SB43 Truth in Scholarship Act.
CategoryEducation
SponsorsSen. Jim Summerville
DescriptionProhibits state funded scholarships, grants, loans or other financial aid from being awarded to students at public institutions of higher education based on race, ethnicity or gender.
Fiscal Note
(Dated: March 7 2013) Decrease State Expenditures - $200,000/FY14-15 - $400,000/FY15-16.
Senate Status01/30/2013 - Referred to Senate Education.
House StatusNone
CaptionAN ACT to amend Tennessee Code Annotated, Title 49, Chapter 4; Title 49, Chapter 7; Title 49, Chapter 8 and Title 49, Chapter 9, relative to financial aid awarded for attendance at public institutions of higher education and to enact the "Truth in Scholarship Act".
SB44 Establishes office of elected school superintendent.
CategoryEducation
SponsorsSen. Jim Summerville
DescriptionAuthorizes counties and municipalities to establish the office of elected school superintendent if approved by referendum. Specifies that if the referendum is approved by popular vote the election for school superintendent shall be held during the regular August election, and the person elected shall take office September 1 following the election. Also specifies that the office shall be filled by popular vote for a term of four years.
Fiscal Note
(Dated: January 14 2013) Increase Local Expenditures - Exceeds $100,000/One-Time/Permissive.
Senate Status01/30/2013 - Referred to Senate Education.
House StatusNone
CaptionAN ACT to amend Tennessee Code Annotated, Title 49, relative to election of directors of schools.
SB46 Diversity officers at colleges and universities.
CategoryEducation
SponsorsSen. Jim Summerville
DescriptionProhibits any public institution of higher education from employing any person as a diversity officer or assigning the duties of a diversity officer to any employee.
Fiscal Note
(Dated: March 12 2013) Decrease State Expenditures - $992,800 - Other Fiscal Impact - The Tennessee Board of Regents and University of Tennessee have indicated a potential loss of federal funding estimated to be up to $300,000,000. Any loss of federal funding would be dependent upon the action of the federal government.
Senate Status03/13/2013 - Taken off notice in Senate Education Committee.
House StatusNone
CaptionAN ACT to amend Tennessee Code Annotated, Title 49, Chapter 7; Title 49, Chapter 8 and Title 49, Chapter 9, relative to diversity officers at public institutions of higher education.
SB77 / HB633 Faculty and staff allowed to carry firearms.
CategoryEducation
SponsorsSen. Stacey Campfield / Rep. Joshua G. Evans
DescriptionAllows faculty or staff members at a K-12 public school building or bus, public school campus, grounds, recreation area, athletic field or any other property owned, used or operated by a local education agency for the administration of any K-12 public educational institution to possess and carry a firearm. Establishes that any local education agency that prohibits persons from possessing and carrying a handgun shall be civilly liable for any damages, personal injury or death that results from a criminal act by any person not authorized to be in the school in which the prohibition was in effect.
Fiscal Note
(Dated: March 7 2013) On March 1, 2013, a fiscal note was issued for this bill with a fiscal impact of: - Other Fiscal Impact - To the extent a criminal act occurs inside a school where firearms have been prohibited by a local education agency (LEA), the LEA may be held liable in civil court, causing local government expenditures to increase by an unknown amount. Otherwise, the fiscal impact of this bill is estimated to be not significant. - On March 7, 2013, additional information was received from the Department of Education. Based on the revised information, the fiscal impact of the bill is: -
(CORRECTED)
- Increase Local Expenditures - Exceeds $1,000,000/Permissive - Other Fiscal Impact - To the extent a criminal act occurs inside a school where firearms have been prohibited by a local education agency (LEA), the LEA may be held liable in civil court, causing local government expenditures to increase by an unknown amount.
Senate Status04/09/2013 - Taken off notice in Senate Judiciary Committee.
House Status03/27/2013 - Taken off notice in House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 39, Chapter 17, Part 13 and Title 49, Chapter 6, relative to the possession and carrying of weapons on school property.
SB196 / HB190 Tennessee Choice & Opportunity Scholarship Act.
CategoryEducation
SponsorsSen. Mark S. Norris / Rep. Gerald McCormick
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, at the time of the student's initial application for a scholarship, is identified as being in the bottom 5 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 immediately preceding the semester in which the student receives a scholarship under this bill; 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. After initial approval by the department as a participating school, a school may continue to participate in the program as long as the school demonstrates achievement growth for scholarship students at a minimum level of "at expectations". 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. 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. An eligible student is entitled to one scholarship per school year, and if the student voluntarily leaves a participating school for reasons other than suspension or termination of the school, and enrolls in another participating school, then neither the student nor the successor participating school may receive any funds under this bill for the payment of tuition and fees for the remainder of the school year. (10 pp.) (Part of Administration Package)
AmendmentHOUSE EDUCATION COMMITTEE AMENDMENT 1 (003697) makes the bill. Deletes and rewrites the bill such that the only substantive changes are to Sections 4 and 5 of the bill. Section 4 is amended such that a participating school is required to annually administer state assessments or nationally recognized norm-referenced tests that measure education progress in grades that require testing under Tennessee's accountability system. Participating schools are also required to only offer services to special education students that they would normally offer in the normal course of business and parents must give written acceptance of such services. Section 5 is amended such that the Department of Education is required to annually publish student achievement and progress information in accordance with applicable department and State Board of Education procedures, rules, and regulations. HOUSE EDUCATION COMMITTEE AMENDMENT 2 (004092), adds a new section which provides lunch to scholarship students at no cost at a reduced cost pursuant to the same income qualifications established under the National School Lunch Program.
Fiscal Note
(Dated: February 25 2013) Increase State Expenditures - $173,000 - Other Fiscal Impact - There will be annual shifts of state and local BEP funding from local education agencies to the non-public participating schools of the proposed program. Approximately $15,842,500 is estimated to shift in FY13-14; $24,356,300 is estimated to shift in FY14-15; $33,285,000 is estimated to shift in FY15-16; $68,230,000 is estimated to shift in FY16-17; and an amount estimated to exceed $68,230,000 is estimated to shift in FY17-18 and subsequent fiscal years.
Senate Status04/03/2013 - Taken off notice in Senate Education Committee.
House Status02/19/2014 - House Finance Subcommittee deferred to 02/26/14.
CaptionAN ACT to amend Tennessee Code Annotated, Title 49, Chapter 1, relative to the Tennessee Choice *** Opportunity Scholarship Act.
SB403 Religious discrimination restricts certain security powers.
CategoryEducation
SponsorsSen. Mae Beavers
DescriptionRestricts certain powers of the board of regents of the state university and community college system and the board of trustees of the University of Tennessee regarding the ability to establish security policies if such educational institutions discriminate against student organizations on the basis of certain religious speech.
Fiscal Note
(Dated: March 6 2013) Not Sigificant.
Senate Status01/31/2013 - Referred to Senate Education.
House StatusNone
CaptionAN ACT to amend Tennessee Code Annotated, Title 49, relative to religious liberty involving student organizations at postsecondary educational institutions.
SB404 Religious student organizations in higher education.
CategoryEducation
SponsorsSen. Mae Beavers
DescriptionProhibits state higher education institutions that recognize any student organization from discriminating against or denying recognition of a student organization based on the organization's religious speech or the organization's exercise of limiting membership based on profession of a particular faith.
Fiscal Note
(Dated: February 11 2013) Not Significant.
Senate Status01/31/2013 - Referred to Senate Education.
House StatusNone
CaptionAN ACT to amend Tennessee Code Annotated, Title 49, relative to religious liberty involving student organizations at postsecondary educational institutions.
SB452 County or city to elect school superintendent by referendum.
CategoryEducation
SponsorsSen. Jim Summerville
DescriptionProvides the option for a county or municipality to establish the office of elected school superintendent by a two-thirds vote of the membership of the county or municipal legislative body. Allows the county or municipality in which the position of elected school superintendent exists to abolish such office by a two-thirds vote of the membership of the county or municipal legislative body.
Fiscal Note
(Dated: February 7 2013) Increase Local Expenditures - Exceeds $100,000/One-Time/Permissive.
Senate Status02/05/2013 - Referred to Senate Education.
House StatusNone
CaptionAN ACT to amend Tennessee Code Annotated, Title 49, relative to election of directors of schools.
SB514 / HB1185 Prohibits discipline for religious beliefs of student counselors.
CategoryEducation
SponsorsSen. Joey Hensley / Rep. John J. Deberry Jr.
DescriptionProhibits public institutions of higher education from disciplining or discriminating against a student in a counseling, social work, or psychology program because the student refuses to counsel or serve a client as to goals, outcomes, or behaviors that conflict with a sincerely held religious belief of the student, if the student refers the client to a counselor who will provide the counseling or services.
AmendmentSENATE AMENDMENT 1 (003770) deletes all language after the enacting clause. Prohibits a public institution of higher education under the authority of Tenn. Code Annotated, Title 49, Chapters 8 or 9, from disciplining, expelling, remediating, or taking other adverse action against a student in a counseling, social work, or psychology program because the student refuses to counsel or serve a client as a result of the student's religious beliefs. Requires the objecting student's supervising instructor or professor to coordinate a referral for the client so that counseling or other services can be provided. SENATE AMENDMENT 2 (004575) adds the following language to the last sentence of TCA 49-7-156 in the amendatory language of Section 1 after the word "professor" and before the word "shall": ", in consultation with any director or agency in which an internship or practicum may be occurring,".
Fiscal Note
(Dated: February 27 2013) Not Significant.
Senate Status03/14/2013 - Senate passed with amendment 2 and previously adopted amendment 1.
House Status03/27/2013 - House Education Subcommittee deferred to summer study.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4 and Title 49, relative to conscientious objection by students to certain elements of counseling programs in public institutions of higher education.
SB662 / HB1071 Code of conduct for those involved in extracurricular activities.
CategoryEducation
SponsorsSen. Dolores R. Gresham / Rep. Barrett Rich
DescriptionEnacts a code of conduct for teachers, coaches, volunteers and administrators involved in extracurricular activities. Prioritizes student's academic standing above all else. Directs removal of any student from an extracurricular activity whose academic performance places the student in peril of receiving a failing grade or who has already earned a failing grade for any class. Requires the removal from all activity, practices, and events for a minimum of six weeks until the failing grade has been raised to a passing grade and remove eligibility for extracurricular activities for any student whose previous year ending academic performance resulted in failure to pass. Authorizes the LEA to punish educators through a formal reprimand upon a first violation, prohibit educator from participating in the extracurricular activity for the remainder of the academic year upon a second violation, and upon third violation, prohibit the educator from participating in any extracurricular activity in the LEA. .
Fiscal Note
(Dated: March 7 2013) Not Significant.
Senate Status02/08/2013 - Referred to Senate Education.
House Status02/20/2013 - Referred to House General Subcommittee of Education.
CaptionAN ACT to amend Tennessee Code Annotated, Title 49, relative to the educators' code of conduct.
SB748 / HB420 Election of county school board members on a partisan basis.
CategoryEducation
SponsorsSen. Becky Duncan Massey / Rep. Bill Dunn
DescriptionAllows a county governing body to elect by a two-thirds vote that elections for county school board members shall be conducted on a partisan basis.
Fiscal Note
(Dated: March 7 2013) Not Significant.
Senate Status02/08/2013 - Referred to Senate Education.
House Status02/05/2013 - Referred to House General Subcommittee of Education.
CaptionAN ACT to amend Tennessee Code Annotated, Section 49-2-201, relative to election of local boards of education.
SB883 / HB911 Removal of a disruptive student in school.
CategoryEducation
SponsorsSen. Joey Hensley / Rep. Dawn White
DescriptionRequires local board of education to adopt a policy regarding a teacher's ability to remove a student from a classroom and to the principal's office. Establishes the standard's for the policy and that it should apply to students in grades five through twelve.
AmendmentSenate amendment 1 (004402) amends Section 1, subsection (d) of the bill such that the only substantive change is to delete language requiring a student who has been removed from the classroom for three documented removals to be suspended for three days, if the school principal has recommended returning the student to the classroom and the teacher objects to the student's return.
Fiscal Note
(Dated: March 3 2013) Not Significant.
Senate Status03/21/2013 - Senate passed with amendment 1.
House Status04/16/2013 - Held on House clerk's desk after substituting and conforming to SB883.
CaptionAN ACT to amend Tennessee Code Annotated, Title 49, relative to student discipline.
SB916 / HB741 Elected office of school superintendent.
CategoryEducation
SponsorsSen. Frank Niceley / Rep. Kelly Keisling
DescriptionEnacts the "Local School District Empowerment Act". Provides for re-establishment of elected office of school superintendent for county or city school systems upon two-thirds vote of county or city governing body and approval in an election on the question by the voters. Provides for qualifications of candidates. Establishes that the duties of the director of schools shall be the duties of the local board of education where the county or city school system has reestablished the office of elected superintendent.
AmendmentHouse Education Subcommittee amendment 1 (005070) establishes that this bill only applies to LEA's elected before September 2, 1992.
Fiscal Note
(Dated: February 13 2013) Increase Local Expenditures - Exceeds $100,000/One-Time/Permissive.
Senate Status04/01/2013 - Taken off notice in Senate Education Committee.
House Status03/26/2013 - Failed in House Education Subcommittee (3-6-0) after adopting amendment 1.
CaptionAN ACT to amend Tennessee Code Annotated, Title 49, relative to the election of the director of schools.
SB1018 / HB446 Appeal to chancery court on charter school's application.
CategoryEducation
SponsorsSen. Mike Bell / Rep. John Forgety
DescriptionAllows the sponsor of a proposed charter school to appeal the denial of an application to establish a public charter school to the state board of education within ten days of the final decision to deny. Allows the local board of education or the sponsor to appeal the final decision of the state board of education within thirty days of its entry to the chancery court in the judicial circuit in which the local board of education is located.
Fiscal Note
(Dated: February 11 2013) Not Significant.
Senate Status02/08/2013 - Referred to Senate Education.
House Status03/19/2013 - Taken off notice in House Education Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Section 49-13-108, relative to the operation of charter schools.
SB1221 / HB1258 Study on textbook selection process.
CategoryEducation
SponsorsSen. Todd Gardenhire / Rep. Sheila Butt
DescriptionDirects the department of education to study and report to the education committees of the house of representatives and the senate on textbook selection processes. Report shall include a survey of all 50 states to determine the composition of their state textbook commissions. Report shall find if correlation exists between textbook selection and academic achievement in each state. Report shall outline restrictions on local boards of education in purchasing textbooks with state funds. Public hearings will be conducted to hear from academicians, teachers, publishers, administrators and the public regarding textbook selection to be included in the report.
Fiscal Note
(Dated: March 2 2013) Increase State Expenditures - $100,000/One-Time.
Senate Status03/27/2013 - Taken off notice in Senate Education Committee.
House Status03/12/2013 - Taken off notice in House Education Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 49, Chapter 6, Part 22, relative to textbooks.
SB1260 / HB1105 Comprehensive school safety and mental health services through LEAs.
CategoryEducation
SponsorsSen. Rusty Crowe / Rep. Matthew Hill
DescriptionEstablishes a two-year pilot project for the purposes of developing a model that can be replicated by LEAs statewide to deliver comprehensive school safety and mental health services. Specifies that the pilot project is to begin in the 2013-2014 school year. Requires each LEA to report its findings and conclusions concerning the efficacy of the project and any recommendations to the department of education at the conclusion of the pilot period. Requires the department of education to compile and report its findings and recommendations to the education committees of the senate and the house of representatives and to the state board of education no later than October 1, 2015.
AmendmentHouse Education Committee Amendment 1 (011707) changes the start date of the pilot project to the 2014 - 2015 school year. Changes the DOE reporting deadline to October 1, 2016.
Fiscal Note
(Dated: March 11 2013) Increase State Expenditures - $164,300/Each Year FY13-14 and FY14-15.
Senate Status02/25/2013 - Referred to Senate Education.
House Status02/04/2014 - House Education Committee recommended with amendment 1 (011707), which changes the start date to October 1, 2016. Sent to House Finance.
CaptionAN ACT to amend Tennessee Code Annotated, Title 49, relative to K-12 education.
SB1469 / HB1705 Prohibits collection of student records without parental consent.
CategoryEducation
SponsorsSen. Dolores R. Gresham / Rep. Jeremy Faison
DescriptionRequires a state agency or educational institution to obtain written consent from a parent or a student, in the case of a student who is at least 18 years old, before collecting any individual student data, such as: (1) Student biometric records. "Biometric" information is measurable biological or behavioral characteristics that can be used for automated recognition of an individual, such as fingerprints; (2) Student data collected via effect computing, such as EEG brain wave patterns and pulse; and (3) Data resulting from state or national assessments that measure attributes such as social skills and attitudes. Prohibits a state agency or educational institution from pursing or accepting grants that require collecting or reporting the types of information described above and prohibits the state from adopting or administering any state or national student assessments that require the collection or reporting of those types of data.
Senate Status01/15/2014 - Referred to Senate Education Committee.
House Status01/29/2014 - Referred to House Education Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 49, relative to student records.
SB1602 / HB2249 Restructures the textbook commission.
CategoryEducation
SponsorsSen. Mike Bell / Rep. Glen Casada
DescriptionRestructures the textbook commission and the textbook selection process. Specifies that the commission will still consist of ten members, but the speakers of the senate and house, in addition to the governor, will be responsible for making appointments, and the general assembly must confirm the appointments. Requires an appointee to be confirmed by joint resolution of the general assembly upon the recommendation of education committees. Clarifies if the general assembly is not in session when a member's term expires, that member will continue to serve until a new appointee can be confirmed. Vacates the entire membership of the existing commission on January 1, 2015, and new appointments will be made. Specifies that commission terms will be for three years. Requires the department of education to provide mandatory training to new members of the commission on their assigned tasks. Provides that no textbook may be approved unless the book: (1) Conforms to the standards for its subject area or grade level; (2) Is free of any clear, substantive, factual or grammatical error; (3) Is free from any biases in its viewpoints; and (4) Reflects the values of the citizens of this state as manifested in the United States Constitution, the Constitution of Tennessee and other foundational documents of this nation's republican form of government. Requires contractors providing books to file a surety bond, no less than $2,000 and no more than $10,000. Deletes the requirement that cities and special school districts of a certain size make their textbook adoption in cooperation with the county. Requires LEAs to appoint textbook review committees to review proposed textbooks and recommend textbooks to the LEA for adoption. Requires LEAs to post a list of adopted textbooks on the LEAs' websites. (16 pp.)
AmendmentSenate Government Operations Committee amendment 1 (012533) allows the commissioner to appoint a designee as an ex-officio member.
Fiscal Note
(Dated February 3, 2014) Increase State Expenditures – Net Impact - $3,000
Senate Status02/12/2014 - Senate Government Operations Committee recommended with amendment 1 (012533), which allows the commissioner to appoint a designee as an ex-officio member. Sent to Senate Education Committee.
House Status02/18/2014 - House Education Subcommittee deferred to 03/11/2014.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4 and Title 49, relative to textbooks.
SB1702 / HB1824 Re-establishment of elected office of school superintendent.
CategoryEducation
SponsorsSen. Frank Niceley / Rep. Kelly Keisling
DescriptionEnacts the "Local School District Empowerment Act," which provides for the re-establishment of elected office of school superintendent for county or city school systems upon two-thirds vote of county or city legislative body and approval in an election by the voters. Limits re-establishment of elected office of school superintendent to ten LEAs as a pilot program to allow the department to study the relevant procedures of re-establishing the office. Specifies qualifications of candidates and adjusts duties of the local board of education in county or city school systems electing superintendents.
Fiscal Note
(Dated February 17, 2014) Increase Local Expenditures – Exceeds $100,000/One-Time/Permissive
Senate Status01/22/2014 - Referred to Senate Education Committee.
House Status02/04/2014 - Referred to House Education Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 49, relative to the election of the director of schools.
SB1882 / HB1696 Withdrawal from PARCC and common core standards.
CategoryEducation
SponsorsSen. Frank Niceley / Rep. Sheila Butt
DescriptionRequires the department of education and the state board of education to initiate the procedure to withdraw from the Partnership for Assessment of Readiness for College and Careers (PARCC) and to not implement the assessments aligned to the common core state standards. Prohibits the state from joining any consortium or other association that relinquishes control over curriculum standards or assessments to an outside entity. Requires the state board of education, in consultation with the department of education, to adopt and implement new assessments that provide valid, reliable, and timely testing standards to measure the academic progress of students.
Senate Status01/23/2014 - Referred to Senate Education Committee.
House Status01/29/2014 - Referred to House Education Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 49, Chapter 1; Title 49, Chapter 10; Title 49, Chapter 2; Title 49, Chapter 3; Title 49, Chapter 5; Title 49, Chapter 6 and Title 49, Chapter 60, relative to student testing.
SB1946 / HB1859 Application for free or reduced price lunches in schools.
CategoryEducation
SponsorsSen. Frank Niceley / Rep. Billy Spivey
DescriptionRequires application forms for free or reduced price lunches under the National School Lunch Program to be revised. New forms shall be clear and straightforward regarding parents' income. Forms shall exclude information on income levels for eligibility to receive such lunches. Also, new forms shall plainly state that parents may be required to verify income. Requires LEAs to perform an audit of at least 10% of the parents whose children receive free or reduced price lunches to verify incomes stated on the forms.
Senate Status01/27/2014 - Referred to Senate Education Committee.
House Status02/04/2014 - Referred to House Education Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 49, Chapter 1; Title 49, Chapter 2; Title 49, Chapter 3 and Title 49, Chapter 6, relative to the school lunch program.
SB1951 / HB1992 In-state tuition for undocumented students.
CategoryEducation
SponsorsSen. Todd Gardenhire / Rep. Richard Floyd
DescriptionPermits undocumented alien students who are Tennessee residents, who meet the academic requirements of HOPE scholarship and attend Tennessee schools for five years prior to graduating from high school, be charged in-state tuition at public institutions of higher education.
Fiscal Note
(Dated February 10, 2014) Increase State Revenue – Net Impact – $130,000/FY14-15/Higher Education Institutions $137,800/FY15-16/Higher Education Institutions Exceeds $146,100/FY16-17 and Subsequent Fiscal Years/Higher Education Institutions
Senate Status02/12/2014 - Senate Education Committee deferred to 02/26/2014.
House Status02/18/2014 - House Education Subcommittee deferred to 02/25/2014.
CaptionAN ACT to amend Tennessee Code Annotated, Title 49, relative to tuition for undocumented aliens.
SB1963 / HB2162 Regulation of the word - college.
CategoryEducation
SponsorsSen. Mike Bell / Rep. Judd Matheny
DescriptionDefines "college" as a unit of a university offering a specialized degree, or a post secondary educational institution offering courses of study leading to a degree. Regulates the use of the word "college" to institutions that have met the definition of college or has been approved by an accrediting body, and offers at least one degree program.
Fiscal Note
(Dated February 11, 2014) NOT SIGNIFICANT
Senate Status01/27/2014 - Referred to Senate Education Committee.
House Status01/30/2014 - Referred to House Education Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 49, Chapter 7, Part 20, relative to postsecondary educational institutions.
SB2006 / HB1973 Maintaining certain students' information in separate database.
CategoryEducation
SponsorsSen. Mark Green / Rep. Joe Pitts
DescriptionRequires that the identification numbers assigned to students with active duty military parents or guardians be maintained in a separated electronic database that is managed by the department of education. Requires the department to: (1) Create a data entry point that identifies students with active duty military parents or guardians; (2) Disaggregate data to identify students with active duty parents and guardians and children of parents or guardians of the national guard or reserves as separate groups; (3) Prescribe a uniform program for the collection, maintenance, and transfer of data that each LEA must adopt; (4) Prescribe the format for the data; and (5) Prescribe the date by which each LEA shall report the data to the department. Requires the department to establish a mechanism for a person or entity to have different types of access to the information contained in the database, if the information is necessary for the performance of a duty or if the information may be made available without posing a threat to the confidentiality of a student.
AmendmentSenate Education Committee amendment 1 (012233) deletes the requirement that a separate electronic database be utilized by the Department of Education to meet their requirement for maintaining student information for students with active duty military parents or guardians. Authorizes the State Board of Education, rather than the Commissioner, to promulgate rules and regulations for effectuating the purposes of this act. SENATE EDUCATION COMMITTEE AMENDMENT 2 (012613) provides with parental consent.
Fiscal Note
(Dated February 2, 2014) Increase State Expenditures – $2,500,000/One-Time $357,500/Recurring
Senate Status02/12/2014 - Senate Education Committee recommended with amendments 1 (012233) and 2 (verbal). Amendment 1 deletes language that states in a separate database that is managed. Allows the use of an existing database. Amendment 2 (verbal) provides with parental consent. Sent to Senate Calendar Committee.
House Status02/04/2014 - Referred to House Education Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 49, Chapter 1 and Title 49, Chapter 6, relative to student personal identification numbers.
SB2025 / HB1908 Tennessee Choice & Opportunity Scholarship Act.
CategoryEducation
SponsorsSen. Brian K. Kelsey / Rep. John J. Deberry Jr.
DescriptionEstablishes a scholarship program for eligible students to attend participating private K-12 schools. Defines "eligible student" and specifies requirements for private schools to participate in the program. After initial approval by the department as a participating school, allows a private school to continue to participate in the program as long as the school demonstrates achievement growth for scholarship students at a minimum level of "at expectations". If a participating school demonstrates achievement growth for scholarship students at a level of "significantly below expectations" for two consecutive years, the commissioner of education may suspend or terminate a school's participation in the program. Clarifies that the amount of scholarship awarded to a student will not be treated as income or asset for the purposes of any tax or qualification for any other federal or state grant program. Limits the number of scholarships awarded statewide for the school year. Specifies process of awarding scholarships if the number of eligible students who submit applications to the department for a scholarship exceeds the permissible number of scholarships available statewide or the available seats at participating schools for any grade level.
Fiscal Note
(Dated February 13, 2014) Increase State Expenditures - $171,800 Other Fiscal Impact – There will be annual shifts of state and local BEP funding from local education agencies to the non-public participating schools of the proposed program. An estimated $16,405,000 will shift in FY14-15; an estimated $33,630,000 will shift in FY15-16; an estimated $68,940,000 will shift in FY16-17; and an estimated amount exceeding $68,940,000 will shift in FY17-18 and subsequent fiscal years.
Senate Status02/19/2014 - Senate Education Committee deferred to 03/05/2014.
House Status02/04/2014 - Referred to House Education Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 49, Chapter 1, to enact the "Tennessee Choice & Opportunity Scholarship Act".
SB2131 / HB2248 Prohibits LEA to mail information on Affordable Care Act.
CategoryEducation
SponsorsSen. Jack Johnson / Rep. Glen Casada
DescriptionProhibits LEAs from including information on the Patient Protection and Affordable Care Act in mailings to families of students concerning medical assistance, TennCare, or the children's health insurance program.
Fiscal Note
(Dated February 15, 2014) NOT SIGNIFICANT
Senate Status01/29/2014 - Referred to Senate Education Committee.
House Status02/18/2014 - House Education Subcommittee recommended. Sent to House Education Committee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 49, relative to prohibiting Tennessee school systems from distributing information on the Affordable Care Act to families of students.
SB2159 State Interposition of Federal Education Encroachment Act.
CategoryEducation
SponsorsSen. Jim Summerville
DescriptionCreates the State Interposition of Federal Education Encroachment Act. Creates a Class E felony for a person to knowingly interfere with the state interposition of federal education programs, policies, law, executive orders or other restrictions pursuant to the state education interposition act. Allows a person to be found civilly liable for the restitution of all damages caused to the state or its citizens for interfering with the state interposition. Clarifies that this act is to protect the state against encroachment; requires interpose to be done using an orderly process.
Senate Status01/29/2014 - Referred to Senate Education Committee.
House StatusNone
CaptionAN ACT to amend Tennessee Code Annotated, Title 4 and Title 49, to enact the "State Interposition of Federal Education Encroachment Act".
SB2273 / HB2000 Funding for children educational services in mental health facilities.
CategoryEducation
SponsorsSen. Steven Dickerson / Rep. John Forgety
DescriptionRevises the provisions governing the funding of educational services to children in residential mental health facilities by requiring the academic instructors and staff employed or contracted by the facility to meet certain licensure and training requirements. Bans the attending physician from being an employee of the corporation or agency that owns the facility.
Fiscal Note
(Dated February 17, 2014) Other Fiscal Impact – LEAs will retain local funding that would have been allocated to residential mental health facilities in the absence of this bill. The extent of any retained funding is unknown but is reasonably estimated to exceed $1,000,000 statewide in FY14-15 and subsequent fiscal years. It is assumed that the retained funding will be shifted to other LEA operational expenditures; as a result, there is no decrease in local government expenditures.
Senate Status01/29/2014 - Referred to Senate Education Committee.
House Status02/18/2014 - House Education Subcommittee deferred to 03/04/2014.
CaptionAN ACT to amend Tennessee Code Annotated, Section 49-3-370, relative to the funding of educational services to children in residential mental health facilities.
SB2294 / HB2032 Discrimination against a student by a higher education institution.
CategoryEducation
SponsorsSen. Ferrell Haile / Rep. John J. Deberry Jr.
DescriptionProhibits postsecondary educational institutions from discriminating against any student organization or such organization's members on the basis of the organization's religious speech. Allows such discrimination to be treated as human rights violations. Exempts certain religious schools if application of this section would materially interfere with the school's religious mission.
Senate Status01/29/2014 - Referred to Senate Education Committee.
House Status02/04/2014 - Referred to House Education Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4, Chapter 21 and Title 49, relative to protection against certain religiously based discrimination.
SB2405 / HB2332 Discontinues use of common core standards.
CategoryEducation
SponsorsSen. Mae Beavers / Rep. Rick Womick
DescriptionRequires the state board of education and the department of education to discontinue the use of common core state standards in English and mathematics by July 1, 2014.
Senate Status02/03/2014 - Referred to Senate Education Committee.
House Status02/12/2014 - Referred to House Education Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 49, Chapter 1; Title 49, Chapter 10; Title 49, Chapter 2 and Title 49, Chapter 6, relative to common core state standards.
SB2423 / HB2115 Policies regarding students' free exercise of religion.
CategoryEducation
SponsorsSen. Douglas Henry Jr. / Rep. Harry Brooks
DescriptionProhibits the board of regents and the University of Tennessee's board of trustees from adopting policies that substantially burden students' free exercise of religion.
Fiscal Note
(Dated February 11, 2014) NOT SIGNIFICANT
Senate Status02/05/2014 - Referred to Senate Education Committee.
House Status01/30/2014 - Referred to House Education Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4 and Title 49, relative to higher education.
SJR491 Sovereignty over education standards and assessments.
CategoryEducation
SponsorsSen. Dolores R. Gresham
DescriptionExpresses Tennessee's sovereignty over education standards and assessments.
Senate Status01/16/2014 - Referred to Senate Education Committee.
House StatusNone
CaptionA RESOLUTION to express Tennessee's sovereignty over education standards and assessments.

Energy & Mining - 4

SB1280 / HB1127 Horizontal drilling in recovery of oil and gas - water quality tests.
CategoryEnergy & Mining
SponsorsSen. Mark S. Norris / Rep. Gerald McCormick
DescriptionRequires the department to test groundwater quality of water wells prior to, during, and after horizontal drilling and hydrological fracturing operations in the recovery of oil and gas. Requires the department to evaluate water quality in the wells located within a one mile radius of any borehole created for drilling or fracturing against the baseline results and any other results obtained after obtaining the baseline results by testing for any fracturing fluid chemicals. Requires the results be public record in the office of the commissioner. Requires the applicant to give notice by certified mail the applicant's intent to drill to the owner of the real property that is located within a one mile radius of any borehole created for drilling or fracturing. Requires the notice to include the proposal location of the oil or gas well site and whether the operator will be engaged in horizontal drilling, hydrological fracturing, or both at the site.
Senate Status02/15/2013 - Withdrawn in Senate.
House Status02/21/2013 - Referred to House Agriculture & Natural Resources Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 59; Title 60 and Title 69, relative to water quality.
SB1883 / HB1832 Regulation of coal surface mining operations.
CategoryEnergy & Mining
SponsorsSen. Frank Niceley / Rep. Joe Carr
DescriptionRequires the commissioner of environment and conservation to review state law relating to coal surface mining; present legislation to the agriculture and natural resources committee of the house of representatives and the energy, agriculture and natural resources committee of the senate, that enables this state to regulate coal surface mining operations pursuant to the federal Surface Mining Control and Reclamation Act, P.L. 95-87, as amended; and apply for any federal grants or other funding available to the state to regulate such operations. Broadly Captioned.
Senate Status01/23/2014 - Referred to Senate Energy, Agriculture & Natural Resources Committee.
House Status02/04/2014 - Referred to House Agriculture & Natural Resources Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4; Title 50; Title 59; Title 66; Title 67; Title 68; Title 69 and Title 70, relative to coal.
SB1980 / HB2023 Tennessee Scenic Vistas Protection Act.
CategoryEnergy & Mining
SponsorsSen. Lowe Finney / Rep. Gloria Johnson
DescriptionProhibits the commissioner of environment and conservation from issuing or renewing a permit, certification, or variance that would allow surface coal mining operations to alter or disturb any land within 1,200 feet of a ridge line. Provides that such a prohibition does not apply to the renewal of a permit, certification, or variance that is issued prior to the date that this bill becomes a law, upon meeting certain conditions. Establishes that privileges extended by the renewal of a permit, certificate, or variance issued pursuant to this bill are not transferable to another person. Clarifies that this bill would not prohibit the commissioner from issuing or renewing a permit, certification or variance that would authorize the construction or maintenance of ridgeline crossings, if the applicant is otherwise eligible for such permit, certification or variance under any other applicable state or federal law. Provides that this bill would not apply to surface coal mining activities that are only incidental to underground coal mining, if the commissioner determines that surface disturbance and effect is limited to that required to conduct legal underground coal mining, nor would it apply to land that is eligible for federal funding under the Surface Mining Control and Reclamation Act. Provides other limitations on the provisions of this bill.
Senate Status01/27/2014 - Referred to Senate Energy, Agriculture & Natural Resources Committee.
House Status02/04/2014 - Referred to House Agriculture & Natural Resources Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 59 and Title 69, Chapter 3, Part 1, relative to water quality regulation relating to mining activities.
SB2064 / HB2124 Prohibits fracturing in Tennessee.
CategoryEnergy & Mining
SponsorsSen. Lowe Finney / Rep. Joe Pitts
DescriptionProhibits fracturing in Tennessee, effective January 1, 2016.
Senate Status01/29/2014 - Referred to Senate Energy, Agriculture & Natural Resources Committee.
House Status02/04/2014 - Referred to House Agriculture & Natural Resources Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 59; Title 60; Title 68 and Title 69, relative to prohibiting fracturing in Tennessee.

Entertainment - 3

SB609 / HB1000 Fairness in Ticketing Act of 2013.
CategoryEntertainment
SponsorsSen. Ken Yager / Rep. Ryan A. Haynes
DescriptionEnacts the Fairness in Ticketing Act of 2013. Clarifies that a ticket broker does not include an individual who resells less than 60 tickets a year, who originally obtained the tickets for personal use, or any person whose primary business is to serve a resale marketplace and otherwise does not engage in the reselling of tickets. Requires a ticket broker to register with the department of commerce and insurance within 180 days of when this act is in effect or within 30 days of starting a business as a ticket broker, which ever is later. Clarifies that in order for a ticket broker to maintain an active registration with the department the broker shall keep a permanent office in the state; submit their business name, address and other information requested by the department; pay an annual fee sufficient enough to reimburse the department for administration; renew their registration annually and register for sales and use tax purposes. Provides that the department shall issue the ticket broker upon registration a registration number. Establishes that no person convicted of a felony and has not been pardoned of their citizenship shall register as a ticket broker. Requires a ticket broker to post the terms of the purchaser's right to cancel the purchase of a ticket, disclose their refund policy, disclose the difference between the face value of a ticket and the price they are charging for a ticket; and to include their registration number on any advertisement for resell of tickets. Requires resale websites to disclose the face value and exact location of the seat offered for sale, whether the ticket for sale is within the actual possession of the re-seller, whether the re-seller is actively seeking to obtain the ticket, and if the ticket is not in the physical possession of the re-seller. Provides that if the re-seller does not have the ticket they should disclose the time when they expect to have the ticket in hand. Requires resale websites to disclose to users the nature of the resale website as a secondary website, and that the prices vary from the initial sale price. Provides that no law shall prohibit the resale of tickets authorized by the organizer of the event and the owner of the place of entertainment. Defines an "Affinity group", "Athletic contest", "Commissioner", "Department", "Entertainment event", "Face value", "Initial sale", "Performance agent", "Online marketplace", "Original purchaser", "Person", "Place of entertainment", "Pre-sale", "Producer", "Professional club", "Promoter", "Public sale tickets", "Resale", "Resale web site", "Resell", "Reseller", "Sanctioning body", "Ticket", "Ticket broker" and "Ticket issuer". A violation of this act is subject to a suspension or revocation of the ticket broker's registration and a Class B misdemeanor punishable by fine. Establishes that this chapter shall not apply to the sale of tickets made to the Tennessee Education Lottery Implementation, and any sale of tickets made by the operator or place of public accommodation. Provides that any person distressed by a violation in this act may file a written complaint with the division of consumer affairs or the attorney general.
AmendmentSENATE COMMERCE & LABOR COMMITTEE AMENDMENT 1 (004155) does not require a ticket broker to maintain a permanent office or place of business in order to conduct the business of a ticket broker. Requires all ticket-broker applications be subject to open records laws and therefore, available for public inspection. Makes various technical corrections. SENATE COMMERCE & LABOR COMMITTEE AMENDMENT 2 (004456): deletes "performance agent" from the definition section of the original bill. Prohibits anything which prevents the resale of any ticket. Removes language in original bill which authorized operators of places of entertainment, event presenters or their agents from utilizing any ticketing methods for the initial sale of tickets, through any medium, whether existing now or in the future. Authorizes the owner or operator of a place of entertainment to eject or refuse entry to the holder of any ticket for reason of illegal activity, misconduct, or any failure of the ticket holder to comply with any and all policies established by the venue. Removes language in the original bill stating that a ticket represents a revocable license, held by the person in possession of the ticket, to use a seat or standing area in a specific place of entertainment for a limited time. Requires all ticket-broker applications be subject to open records laws and therefore, available for public inspection. HOUSE BUSINESS & UTILITIES SUBCOMMITTEE AMENDMENT 1 (004603) rewrites the bill. Enacts the "Fairness in Ticketing Act." Requires ticket brokers to register with the department providing certain information. The department will provide the broker with a registration number and provide a list of registrants on the department's website. Requires ticket brokers to post and disclose certain information to ticker purchasers. Requires resale websites offering tickets to disclose certain information. Makes the unlawful use of trademarks on resale websites a violation of the TN Consumer Protection Act. Amends the language in TCA 62-45-107 to state that nothing within the act, not any policy established by a venue shall prohibit the resale of a ticket. Any ticket broker in violation of this act is subject to suspension or revocation of their registration and commits a Class B misdemeanor, punishable by fine only.
Fiscal Note
(Dated: February 25 2013) Increase State Revenue - $49,500/FY13-14 and Subsequent Years - Increase State Expenditures - $30,800/FY13-14 - $49,300/FY14-15 and Subsequent Years - Increase Local Revenue - Not Significant - Increase Local Expenditures - Not Significant.
Senate Status04/18/2013 - Senate deferred to 2014.
House Status04/03/2013 - Taken off notice in House Business & Utilities Committee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 62, relative to professions.
SB2187 / HB2187 Legacy Sound Recording Protection Act.
CategoryEntertainment
SponsorsSen. Stacey Campfield / Rep. G.A. Hardaway
DescriptionProhibits any person or legal entity, besides the owner of a copyrighted sound recording initially fixed on or before February 15, 1972, from reproducing, distributing, performing, or otherwise using the recording without the owner's express permission. Creates a cause of action for the owner. Creates Legacy Sound Recording Protection Act.
Senate Status01/29/2014 - Referred to Senate Judiciary Committee.
House Status02/04/2014 - Referred to House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 29; Title 39 and Title 40, relative to legal proceedings against persons unlawfully using certain copyrighted sound recordings.
HB5 Fairness in Ticketing Act.
CategoryEntertainment
SponsorsRep. Barbara W. Cooper
DescriptionEnacts the "Fairness in Ticketing Act." Requires ticket brokers to register with the department of commerce and insurance and establishes various other requirements regarding ticket brokers and the resale of tickets. Defines a "ticket broker" as any person in the business of reselling tickets to entertainment events or athletic contests in this state and who charges a premium in excess of the face value of the ticket. Establishes that no person may register as a broker, nor may any person registering as broker employ any other person, who has been held in any court of record to have violated any provision of this bill or who has been convicted of or pled guilty to a felony offense and the person has not been pardoned or had such person's citizenship restored. This bill would not prohibit the resale of a ticket by a ticket broker for an area where such resale is authorized in writing by the organizer of the contest or event and the owner or operator of the place of entertainment where such contest or event is being held. Establishes a Class B misdemeanor punishable by fine only, for any violation of this bill or for a ticket broker to employ, either directly or indirectly, any person as a digger. Defines "digger" as any person hired for the purpose of securing tickets by intimidating a prospective ticket purchaser waiting in line to procure event tickets, if the act is a knowing violation, then the victim may be awarded treble damages in a civil cause of action. Any person aggrieved by violation of this bill may file a written complaint with the division of consumer affairs or the attorney general.
Senate StatusNone
House Status02/04/2013 - Withdrawn in House.
CaptionAN ACT to amend Tennessee Code Annotated, Title 47 and Title 62, relative to ticketing for certain events.

Environment & Nature - 6

SB99 / HB43 Prohibits surface coal mining if it disturbs ridgeline.
CategoryEnvironment & Nature
SponsorsSen. Lowe Finney / Rep. Gloria Johnson
DescriptionProhibits the commissioner of environment and conservation from issuing or renewing a permit, certification, or variance that allows surface coal mining operations that will disturb ridgelines above 2,000 feet elevation above sea level with exceptions made for underground mining.
Fiscal Note
(Dated: March 11 2013) Forgone State Revenue - Less than $4,800.
Senate Status03/20/2013 - Failed in Senate Energy, Agriculture & Natural Resources Committee for lack of a motion.
House Status03/20/2013 - House Agriculture & Natural Resources Subcommittee deferred to 2014.
CaptionAN ACT to amend Tennessee Code Annotated, Title 59 and Title 69, Chapter 3, Part 1, relative to water quality regulation relating to mining activities.
SB1168 / HB538 Tennessee Beverage Container Recycling Refunds Act.
CategoryEnvironment & Nature
SponsorsSen. Reginald Tate / Rep. Jim Coley
DescriptionEnacts the "Tennessee Beverage Container Recycling Refunds Act." By September 1, 2013, requires all deposit beverage distributors operating within the state to register with the department of revenue. After September 1, 2013, requires any person who desires to conduct business in the state as a deposit beverage distributor to register with the department of revenue no later than one month prior to commencement of business. Requires all deposit beverage distributors to maintain records reflecting the manufacture and import of beverages in deposit beverage containers as well as in refillable beverage containers. Specifies that these records are to be made available, upon request, for inspection by the department of environment and conservation and the department of revenue. Beginning October 1, 2013, requires every deposit beverage distributor to pay to the department of revenue a container-recovery fee for each deposit beverage container manufactured in or imported into this state. Prohibits a local government from imposing or collecting any assessment or fee on deposit beverage containers for the same or similar purpose. Beginning March 1, 2015, requires every deposit beverage distributor to pay to the department of revenue a deposit on each deposit beverage container manufactured in or imported into the state. Beginning April 1, 2015, requires every deposit beverage distributor to charge the dealer or consumer a deposit equal to the refund value for each deposit beverage container sold in this state. Also beginning April 1, 2015, requires every dealer to charge the consumer at the point of sale a deposit equal to the refund value for each deposit beverage container sold in this state, except on beverages intended for on-premises consumption. Beginning April 1, 2015, specifies that every deposit beverage container sold in this state shall have a Tennessee refund value of five cents. The refund value is the amount of the deposit required. Establishes the deposit beverage container fund into which shall be deposited the container-recovery fee, the deposit beverage container deposit, and other specified moneys. Specifies how the moneys in the fund are to be used. Requires a sum sufficient to be allocated annually from the fund to reimburse the department of transportation for the loss of funding of the existing county litter grants program. Specifies that the deposit beverage container program is to be administered by the division of solid waste management within the department, with accounting functions performed by the department of revenue. (32 pp.)
Fiscal Note
(Dated: March 20 2013) Increase State Revenue - $8,400,000/FY13-14/Deposit Beverage Container Fund $4,480,000/FY14-15/Deposit Beverage Container Fund - $78,980,000/FY15-16/Deposit Beverage Container Fund - $229,600,000/FY16-17/Deposit Beverage Container Fund - $229,960,000/FY17-18 and Subsequent Years/Deposit Beverage Container Fund - Increase State Expenditures - $8,415,451/FY14-15/Deposit Beverage Container Fund - $62,994,884/FY15-16/Deposit Beverage Container Fund - $253,053,084/FY16-17/Deposit Beverage Container Fund - $267,400,284/FY17-18 and Subsequent Years/Deposit Beverage - Container Fund - Increase Local Revenue - Net Impact - Not Significant - Increase Local Expenditures - Net Impact - Not Significant.
Senate Status03/20/2013 - Taken off notice in Senate Energy, Agriculture & Natural Resources Committee.
House Status02/06/2013 - Referred to House Agriculture & Natural Resources Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Section 41-2-123; Section 57-5-201; Section 67-4-402; Title 68, Chapter 211 and Chapter 616 of the Public Acts of 2010 relative to the Tennessee Beverage Container Recycling Refunds Act.
SB1467 / HB1562 Exempts products from the definition of solid waste.
CategoryEnvironment & Nature
SponsorsSen. Mark S. Norris / Rep. Ron Lollar
DescriptionExempts "products", defined as materials which are an intended output or result of a fabrication, manufacturing or production process, and are sold and distributed in a stream of commerce for consumption, use, or further processing into a desired commodity, such as a steel slag or mill scale, from the definition of "solid waste", as it applies to the Tennessee Solid Waste Disposal Act. Requires that a product must be managed as an item of value in a controlled manner and not as a discarded material for the exemption to apply.
AmendmentHouse Agriculture & Natural Resources Committee amendment 1 (012514) rewrites the bill. Removes steel slag and mill scale from the definition of "solid waste" if such materials are sold and distributed in the stream of commerce for consumption, use, or further processing into a desired commodity. Requires such items to be managed as items of value and in a controlled manner rather than discarded as material. Removes from the definition of "solid waste" solid or dissolved material in domestic sewage, solid or dissolved materials in irrigation return flow, or industrial discharges that are point sources subject to permits under § 402 of the Federal Water Pollution Control Act codified in 33 U.S.C. § 1342. .
Fiscal Note
February 7, 2014 NOT SIGNIFICANT
Senate Status01/15/2014 - Referred to Senate Energy, Agriculture & Natural Resources Committee.
House Status02/20/2014 - Set for House Floor on 02/27/14.
CaptionAN ACT to amend Tennessee Code Annotated, Title 68, Chapter 211, relative to solid waste disposal.
SB1799 / HB1493 Disposal of asphalt roofing shingles.
CategoryEnvironment & Nature
SponsorsSen. Steve Southerland / Rep. Ryan Williams
DescriptionProhibits owners and operators of sanitary landfills located within a 25 mile radius of sites where asphalt roofing shingles are recycled pursuant to the issuance of a permit-by-rule from accepting, for disposal, loads of whole or processed asphalt roofing shingles. Requires the underground storage tanks and solid waste disposal control board to post on its website the name and address of each site at which the recycling of asphalt roof shingles is approved pursuant to the issuance of a permit-by-rule. Authorizes the board to promulgate rules and regulations in accordance with the UAPA to effectuate the purposes of this act.
Fiscal Note
(Dated January 29, 2014) NOT SIGNIFICANT
Senate Status01/23/2014 - Referred to Senate Energy, Agriculture & Natural Resources Committee.
House Status02/19/2014 - House Agriculture & Natural Resources Subcommittee deferred 02/26/2014.
CaptionAN ACT to amend Tennessee Code Annotated, Title 68, Chapter 211 and Title 68, Chapter 213, relative to solid waste disposal.
SB2048 / HB1933 Report of when the department acquired property by eminent domain.
CategoryEnvironment & Nature
SponsorsSen. Mike Bell / Rep. John Forgety
DescriptionRequires the department of environment and conservation to annually report to the Senate Energy, Agriculture and Natural Resources Committee and to the House Agriculture and Natural Resources Committee on each instance where the department acquired private property by eminent domain in the previous year.
AmendmentHouse Agriculture & Natural Resources Subcommittee amendment 1 (012796) allows the TWRA to use wetland funds to acquire a certain parcel of land for hunting.
Fiscal Note
(Dated January 28, 2014) NOT SIGNIFICANT
Senate Status01/29/2014 - Referred to Senate Energy, Agriculture & Natural Resources Committee.
House Status02/19/2014 - House Agriculture & Natural Resources Subcommittee recommended with amendment 1 (012796), which allows the TWRA to use wetland funds to acquire a certain parcel of land for hunting. Sent to House Agriculture & Natural Resources Committee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 11, Chapter 1 and Title 11, Chapter 14, relative to land acquisition.
HB1744 Tennessee Open Fuel Standard Act.
CategoryEnvironment & Nature
SponsorsRep. Judd Matheny
DescriptionEnacts the "Tennessee Open Fuel Standard Act". Requires that each manufacturer's fleet of covered vehicles for a particular model shall be comprised of no less than 80 percent qualified vehicles in model year 2015. Defines a qualified vehicle as a covered vehicle that: has been warranted by the manufacturer to operate on natural gas, hydrogen, or biodiesel; is a flexible fuel vehicle which, in the case of alcohol burning capability, includes activating the vehicle's onboard computer to the "on" position for duel fuel capability; is a plug-in electric drive vehicle; is propelled solely by fuel cell that produces power without the use of petroleum or a petroleum-based fuel; is propelled solely by something other than an internal combustion engine, and produces power without the use of petroleum or a petroleum-based fuel. Allows a manufacturer to request an exemption to the 80 percent requirement from the department of environment and conservation, and the department shall grant such an exemption if it finds that unavoidable events not under the control of the manufacturer prevent the production volume of such vehicles. Requires that such an exemption shall be contingent upon the manufacturer's commitment to recall the exempted automobiles for installation of the omitted components within a reasonable time period approved by the department after such components become available.
Senate StatusNone
House Status02/06/2014 - Withdrawn in House.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4; Title 54; Title 67 and Title 68, relative to the creation of the "Tennessee Open Fuel Standard Act".

Estates & Trusts - 3

SB1627 / HB1423 State trust companies - formation and operations changes.
CategoryEstates & Trusts
SponsorsSen. Mark S. Norris / Rep. Gerald McCormick
DescriptionProvides that certain requirements in the formation process for chartering a new state bank do not apply to the formation process for a state trust company and restructures the process for a corporation or limited liability company seeking to become a state trust company. Establishes the application process for incorporators or organizers applying for a charter and a certificate of authority for acting as a fiduciary from the commissioner of financial institutions to become a state trust company, and requires the commissioner to follow certain procedures to ensure compliance with the requirements in this statute. Requires the commissioner to examine a state trust company at least once in an 18 month period. Requires all state trust companies to be organized with capital of no less than $500,000, or a greater amount if the commissioner requires it. Requires all state trust companies to be managed by a board of directors consisting of a minimum of five and a maximum of 25 members, and one of the members shall be the chief executive officer of the company. (12 pp). (Part of Administration Package)
AmendmentSenate Commerce & Labor Committee amendment 1 (012381) makes technical corrections by removing the word "may" and substituting the word "shall" wherever it appears. House Insurance & Banking Subcommittee amendment 1 (012370).
Fiscal Note
(Dated January 29, 2014) NOT SIGNIFICANT
Senate Status02/11/2014 - Senate Commerce & Labor Committee recommended with amendment 1 (012381). Sent to Senate Calendar Committee.
House Status02/19/2014 - House Insurance & Banking Subcommittee recommended with amendment 1 (012370). Sent to House Insurance & Banking Committee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 45, Chapter 1 and Title 45, Chapter 2, relative to the regulation of trust companies.
SB2077 / HB1945 Digital Asset Protection Act of 2014.
CategoryEstates & Trusts
SponsorsSen. Mark S. Norris / Rep. Gerald McCormick
DescriptionCreates the Digital Asset Protection Act of 2014. Allows a personal representative of a decedent's estate to take control of certain digital assets and digital accounts owned by decedent at death, unless specified by the decedent's will or court order. Requires digital records custodian to recognize the personal representative's control of such property. Revises provisions related to the administration of estates, trusts, and powers of attorney, to give personal representatives, trustees, attorneys-in-fact, and other fiduciaries the power to access, control and transfer a decedent or incapacitated person's digital assets and digital accounts.
Fiscal Note
(Dated February 9, 2014) NOT SIGNIFICANT
Senate Status01/29/2014 - Referred to Senate Judiciary Committee.
House Status02/12/2014 - Taken off notice in House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 30; Title 31; Title 32; Title 34 and Title 35, relative to electronically stored assets.
SB2399 / HB2208 Trustee to rescind a foreclosure sale.
CategoryEstates & Trusts
SponsorsSen. Mark Green / Rep. Tim Wirgau
DescriptionAuthorizes a trustee within five (5) days of a foreclosure sale to rescind the sale, trustee's deed, or similar document of conveyance by filing an affidavit with the applicable register of deeds.
Fiscal Note
(Dated February 19, 2014) NOT SIGNIFICANT
Senate Status02/03/2014 - Referred to Senate Judiciary Committee.
House Status02/04/2014 - Referred to House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 8; Title 16; Title 21; Title 26 and Title 35, relative to the sale of property.

Family Law - 26

SB239 / HB215 Visitation rights of military personnel.
CategoryFamily Law
SponsorsSen. Stacey Campfield / Rep. John Forgety
DescriptionRequires that child visitation rights of military personnel called to active duty service outside of the United States resume upon the return of such military personnel. Prohibits a permanent modification of court ordered visitation rights while a parent is called to active duty service in the armed forced and the active duty service requires the parent to be out of the United States.
Fiscal Note
(Dated: February 19 2013) Increase State Expenditures - Not Significant - Increase Local Expenditures - Not Significant - Other Fiscal Impact - According to the Department of Children's Services, prohibiting any permanent modification of a parent's court-ordered visitation rights when a parent is out of the country serving in the armed forces will delay permanency for a child in custody under certain circumstances because the prohibition would prevent voluntary and involuntary terminations of parental rights. The frequency with which this situation would arise is unknown. Each additional day of custody has an average cost of $90. The total cost is funded through Title IV-E federal funds, TennCare state and federal funds, and state funds.
Senate Status02/26/2013 - Taken off notice in Senate Judiciary.
House Status02/20/2013 - Taken off notice in House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 36, Chapter 6, Part 3, relative to visitation rights of certain military personnel.
SB488 / HB719 Creation of substitute address for victims of certain crimes.
CategoryFamily Law
SponsorsSen. Stacey Campfield / Rep. Dawn White
DescriptionCreates a program for victims of domestic abuse, sexual offense, stalking, or human trafficking to obtain a substitute address used for the purposes of service of process and receiving and forwarding first-class, certified, or registered mail. Establishes guidelines for application to the program and creates a Class C misdemeanor for falsely attesting in an application. Successful applicants will be certified for four year and may be renewed at least 30 days prior to the expiration of the current certification. Prohibits the attorney general from disclosing any address or telephone number of a program participant other than the substitute address designated by the attorney general. Creates a Class C misdemeanor for any person who knowingly obtains or discloses the substitute address. Excludes Tennessee officials from liability in any action brought by or on behalf of any person injured by the actions or inactions of the entities or individuals enacting this act.
Fiscal Note
(Dated: February 18 2013) Increase State Expenditures - Exceeds $142,200.
Senate Status02/26/2013 - Taken off notice in Senate Judiciary.
House Status03/20/2013 - Taken off notice in House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 36, Chapter 3, relative to confidentiality of certain victims.
SB516 / HB609 Assessing court costs in juvenile matters.
CategoryFamily Law
SponsorsSen. Ophelia Ford / Rep. Larry J. Miller
DescriptionRevises various provisions for assessing court costs and attorney's fees in proceedings involving parental relocation petitions, child visitation orders, and juvenile matters. Removes the language "in bad faith" and substitutes instead "without good cause" in assessing the cost of action and reasonable attorney's fees. Specifies fees and expenses will be in relation to the work expended in a parental relocation matter. Requires a motion by the child's parent or legal guardian before a court my modify its order regarding a change in circumstances.
Fiscal Note
(Dated: March 15 2013) Not Significant.
Senate Status04/09/2013 - Taken off notice in Senate Judiciary Committee.
House Status03/20/2013 - Taken off notice in House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 20; Title 29; Title 36 and Title 37, relative to certain civil actions and proceedings.
SB572 / HB487 Grandparent may file a petition to prevent parental relocation.
CategoryFamily Law
SponsorsSen. Charlotte Burks / Rep. Sherry Jones
DescriptionAllows a grandparent who has a significant existing relationship with a grandchild to file a petition to prevent parental relocation if the relocating parent has a history of drug abuse, violence, child abuse or neglect.
Fiscal Note
(Dated: March 17 2013) Not Significant.
Senate Status02/08/2013 - Referred to Senate Judiciary.
House Status03/26/2013 - Taken off notice in House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 36, relative to parental relocation.
SB594 / HB892 Visitation rights of grandparents.
CategoryFamily Law
SponsorsSen. Jack Johnson / Rep. Courtney Rogers
DescriptionClarifies that the rebuttable presumption of a danger of substantial harm to a child exists in actions when a grandparent who is the parent of the deceased parent seeks visitation rights to the child, whether or not the child's parent died before the child was born.
Fiscal Note
(Dated: February 23 2013) Not Significant.
Senate Status02/08/2013 - Referred to Senate Judiciary.
House Status03/13/2013 - House Civil Justice Subcommittee deferred to summer study.
CaptionAN ACT to amend Tennessee Code Annotated, Title 36, Chapter 6, relative to grandparents' visitation rights.
SB723 / HB257 Child support for a child who is not a biological child.
CategoryFamily Law
SponsorsSen. Stacey Campfield / Rep. G.A. Hardaway
DescriptionAllows a person who is proven to not be the biological father of a minor child to pursue a civil cause of action against the biological father for recovery of the sums actually paid by that person under a child support order. Prohibits a parent of a minor child from receiving support from both a biological father and a legal father of the child during the same time period.
Fiscal Note
(Dated: March 15 2013) Not Significant.
Senate Status04/09/2013 - Taken off notice in Senate Judiciary Committee.
House Status03/26/2013 - Failed in House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Section 36-2-309, relative to child support.
SB739 / HB670 Establishes the office of noncustodial parent advocacy.
CategoryFamily Law
SponsorsSen. Reginald Tate / Rep. G.A. Hardaway
DescriptionRequires the administrative office of the courts to establish and implement the office of noncustodial parent advocacy pilot project. Specifies that the pilot project is to be implemented in all juvenile courts and all courts exercising juvenile court jurisdiction in at least one county within each of the state's three grand divisions. Specifies that the office of noncustodial parent advocacy is to provide assistance to unwed noncustodial parents in obtaining visitation rights to their children.
Fiscal Note
(Dated: March 15 2013) Increased Local Expenditures - Exceeds $196,800/FY13-14/Permissive - Exceeds $353,600/FY14-15/Permissive.
Senate Status02/08/2013 - Referred to Senate Judiciary.
House Status03/26/2013 - Failed in House Civil Justice Subcommittee for lack of motion.
CaptionAN ACT to amend Tennessee Code Annotated, Title 36 and Title 37, relative to establishing the office of noncustodial parent advocacy pilot project.
SB820 / HB624 Grandparents' visitation rights.
CategoryFamily Law
SponsorsSen. Lowe Finney / Rep. Sherry Jones
DescriptionExtends visitation rights of grandparents to the adoptive parents of a biological parent.
Fiscal Note
(Dated: March 15 2013) Not Significant.
Senate Status02/08/2013 - Referred to Senate Judiciary.
House Status03/27/2013 - Taken off notice in House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 36 and Title 37, relative to adoption.
SB936 / HB255 Legal guardian may serve 100 days after ward leaves.
CategoryFamily Law
SponsorsSen. Mark Green / Rep. Gary Odom
DescriptionProvides that an employee serving as legal guardian or conservator in a state facility may serve for up to 100, rather than 90, days after the ward leaves the state facility.
Fiscal Note
(Dated: March 17 2013) Not Significant.
Senate Status02/08/2013 - Referred to Senate Judiciary.
House Status02/21/2013 - Referred to House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 30, Chapter 3; Title 33; Title 34 and Title 71, relative to conservatorships.
SB1074 / HB517 Initial forensic interview with victim of alleged child sexual abuse.
CategoryFamily Law
SponsorsSen. Charlotte Burks / Rep. Sherry Jones
DescriptionRequires a child advocacy center to perform the initial forensic interview with a child who is the victim of alleged child sexual abuse and any subsequent interviews found necessary by the child protective team to be conducted in a neutral setting.
AmendmentHouse Civil Justice Committee, Senate Judiciary Committee amendment 1 (005430) deletes all language after the enacting clause. Requires the Department of Children's Services (DCS) to conduct an initial safety interview with a child who is an alleged victim of child sexual abuse or severe abuse. If a forensic interview is required, then DCS must refer the case to a child advocacy center (CAC) to perform the initial forensic interview. When the CAC receives notification of the need for a forensic interview, the CAC must provide law enforcement notification of the case and the date and time of the interview. DCS is required to be present at the CAC interview. Law enforcement is required to be at the interview, if possible. The forensic interview shall be conducted while the department is present and may be conducted without law enforcement being present. If subsequent interviews are found necessary by the child advocacy center, then the interviews must be performed by the CAC.
Fiscal Note
(Dated: March 8 2013) Increased State Expenditures - $140,000.
Senate Status04/17/2013 - Senate Finance, Ways & Means Committee did not take action.
House Status04/18/2013 - Taken off notice in House Finance Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 37, relative to child sexual abuse investigations.
SB1342 / HB1201 Child support payments - changing the payee.
CategoryFamily Law
SponsorsSen. Mike Bell / Rep. Eric Watson
DescriptionRequires administrative orders redirecting certain child support payments to another payee to include the date of each specified time period the payment must be transmitted.
Fiscal Note
(Dated: March 20 2013) Not Significant.
Senate Status02/26/2013 - Referred to Senate Judiciary.
House Status02/13/2014 - Withdrawn in House.
CaptionAN ACT to amend Tennessee Code Annotated, Title 36, Chapter 5, relative to child support payments.
SB1368 / HB1107 Payments toward child support in arrears - consent order changes.
CategoryFamily Law
SponsorsSen. Reginald Tate / Rep. Karen D. Camper
DescriptionRequires the department of human services to enter into a consent order with a person owing child support, if the person makes certain payments toward the amount in arrears in addition to the person's continuing monthly child support obligation.
Fiscal Note
(Dated: March 16 2013) Increase State Expenditures - $4,400/One-Time - $115,900/Recurring - Other Fiscal Impact - The state currently retains child support collections on behalf of families who receive or have received child support. DHS estimates that the bill will result in $899,200 forgone child support revenue.
Senate Status04/09/2013 - Taken off notice in Senate Judiciary Committee.
House Status03/26/2013 - House Civil Justice Subcommittee deferred to 01/01/14.
CaptionAN ACT to amend Tennessee Code Annotated, Title 36, Chapter 5, relative to child support.
SB1789 / HB1396 Restricted license for noncompliance with child support.
CategoryFamily Law
SponsorsSen. Ferrell Haile / Rep. William G. Lamberth
DescriptionAllows a person whose driver license has been suspended for failing to pay child support to apply for a restricted driver license, as defined in the section, for the limited purposes of going to and from and working at the person's regular place of employment. Requires that a person applying for a restricted driver license satisfy the following conditions: (1) the person must be employed for at least 30 hours per week; (2) the person's place of employment must be located more than one mile away from the person's residence; and (3) the person's place of employment can reasonably be expected to contribute to bringing the person into compliance with the support order. Requires a restricted license holder to prove eligibility every six months to ensure compliance with the support order.
Senate Status01/23/2014 - Referred to Senate Judiciary Committee.
House Status02/12/2014 - House Civil Justice Subcommittee deferred to 02/26/14.
SB1818 / HB2306 Administering medication without a parent's authorization.
CategoryFamily Law
SponsorsSen. Janice Bowling / Rep. Mary Littleton
DescriptionCreates a Class A misdemeanor when a child care agency operator, licensee or employee intentionally administers medication without the parent's written authorization or the direction of a licensed medical practitioner. Medication shall be labeled with the child's name and specific instructions for administration. Administration of medications and noticeable side effects shall be charted and reported to parents. Medication shall not be handled by children and shall be stored so as to be inaccessible to children.
AmendmentSenate Health & Welfare Committee amendment 1 (012587) changes the penalty from a Class A misdemeanor to a Class B misdemeanor.
Fiscal Note
(Dated February 7, 2014) NOT SIGNIFICANT
Senate Status02/19/2014 - Senate Health & Welfare Committee deferred to 02/26/14.
House Status02/12/2014 - Referred to House Health Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 71, Chapter 3, relative to child-care agencies.
SB1837 / HB1925 Welfare avoidance grants.
CategoryFamily Law
SponsorsSen. Bo Watson / Rep. Courtney Rogers
DescriptionAuthorizes welfare avoidance grants where they would be effective in meeting a family's immediate and compelling needs to prevent the family from either going on temporary assistance or to assist the family in leaving temporary assistance. Requires that the grant not exceed three months temporary cash assistance unless the department determines there is a compelling need in which case it cannot exceed twelve months of cash assistance.
Senate Status01/23/2014 - Referred to Senate Health & Welfare Committee.
House Status02/04/2014 - Referred to House Health Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 71, Chapter 3, Part 1, relative to welfare avoidance grants.
SB1909 / HB1877 Divorce involving domestic violence - fees attributed to abuser.
CategoryFamily Law
SponsorsSen. Doug Overbey / Rep. Bob Ramsey
DescriptionRequires any debt owed for any batterer's intervention or rehabilitation programs to be attributed to the abuser only, in divorce proceedings, where there is a court finding of domestic abuse or any criminal conviction involving domestic abuse within the marriage that is the subject of the divorce proceeding.
Senate Status01/27/2014 - Referred to Senate Judiciary Committee.
House Status02/04/2014 - Referred to House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 36, relative to domestic violence.
SB1948 / HB2081 Voluntary acknowledgement of paternity - additional challenge.
CategoryFamily Law
SponsorsSen. Thelma Harper / Rep. Harold Love Jr.
DescriptionAlters opportunities to challenge a voluntary acknowledgement of paternity. Allows opportunity within three years of discovering fraud, duress, or material mistake of fact. Allows challenge after an action is initiated to establish and prior to the establishment of a legal right or obligation to a particular child. Specifies procedure and costs to such actions. Allows, instead of requires, a court to dismiss certain parenting actions.
Senate Status01/27/2014 - Referred to Senate Judiciary Committee.
House Status02/04/2014 - Referred to House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 24, Chapter 7, relative to paternity.
SB2039 / HB2061 Eligibility requirements for temporary assistance to needy families.
CategoryFamily Law
SponsorsSen. Brian K. Kelsey / Rep. Jeremy Durham
DescriptionAdds a limitation of 18 months for a continuous consecutive stay to the eligibility requirements for temporary assistance to needy families.
Senate Status01/29/2014 - Referred to Senate Health & Welfare Committee.
House Status02/04/2014 - Referred to House Health Subcommittee.
CaptionWelfare - As introduced, adds a limitation of 18 months for a continuous consecutive stay to eligibility requirements for temporary assistance to needy families.
SB2112 / HB1505 DCS disclosure regarding fatality of a child.
CategoryFamily Law
SponsorsSen. Doug Overbey / Rep. John J. Deberry Jr.
DescriptionRequires the department of children's services, in the case of a child fatality where the child was the subject of an ongoing investigation or where an initial investigation indicates that death may have resulted from child abuse or neglect, to immediately release information disclosing the child's age and gender, the history of the department's involvement with the child's family and a brief summary of the known circumstances surrounding the death. Requires the department to release a full report after the conclusion of its investigation, indicating any action taken by the department or the district attorney general.
AmendmentHouse Civil Justice Subcommittee amendment 1 (012287).
Fiscal Note
(Dated February 2, 2014) NOT SIGNIFICANT
Senate Status01/29/2014 - Referred to Senate Judiciary Committee.
House Status02/19/2014 - House Civil Justice Subcommittee deferred to 02/26/14 after adopting amendment 1 (012287).
CaptionAN ACT to amend Tennessee Code Annotated, Title 37, Chapter 5, relative to the release of records by the department of children's services.
SB2181 Rescind a voluntary acknowledgement of paternity.
CategoryFamily Law
SponsorsSen. Stacey Campfield
DescriptionPermits a person to rescind a voluntary acknowledgement of paternity at any time based on mistake of fact or duress. Permits a person to bring an action rebutting a presumption of parentage that was based on marriage to the mother at the time of conception.
Senate Status01/29/2014 - Referred to Senate Judiciary Committee.
House StatusNone
CaptionAN ACT to amend Tennessee Code Annotated, Title 24, Chapter 7, Part 1 and Title 36, Chapter 2, Part 3, relative to parentage.
SB2184 Unwed and noncustodial parent assistance program created.
CategoryFamily Law
SponsorsSen. Stacey Campfield
DescriptionDirects the administrative office of the courts to establish a pilot project creating the office of noncustodial parent advocacy in one county from each grand division. This office shall provide assistance to unwed noncustodial parents in obtaining visitation rights to their children.
Senate Status01/29/2014 - Referred to Senate Judiciary Committee.
House StatusNone
CaptionAN ACT to amend Tennessee Code Annotated, Title 36 and Title 37, relative to establishing the office of noncustodial parent advocacy pilot project.
SB2185 Recovery of child support for person who is not biological father.
CategoryFamily Law
SponsorsSen. Stacey Campfield
DescriptionPermits man who has paid child support for a child who is not his biological child to recover such child support from the biological father. Paternity must be proven through genetic testing and a court must have relieved the nonbiological parent from future support. Recovery of child support is limited to actual support paid.
Senate Status01/29/2014 - Referred to Senate Judiciary Committee.
House StatusNone
CaptionAN ACT to amend Tennessee Code Annotated, Section 36-2-309, relative to child support.
SB2189 / HB2186 Recovery for parent who has been duped into paying child support erroneously.
CategoryFamily Law
SponsorsSen. Stacey Campfield / Rep. G.A. Hardaway
DescriptionEstablishes a civil cause of action for intentional misrepresentation of parentage, which permits a person proven not to be a child's biological parent to recover child support, medical expenses and insurance premiums paid.
Senate Status01/29/2014 - Referred to Senate Judiciary Committee.
House Status02/04/2014 - Referred to House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 36 and Title 37, relative to intentional misrepresentation of parentage.
SB2372 / HB2305 Required drug screens for certain parents.
CategoryFamily Law
SponsorsSen. Jack Johnson / Rep. Mary Littleton
DescriptionProhibits the court from returning a child to a parent's custody when a court, in a private custody case not involving the department of children's services or a child-placing agency, removed the child from the parent's custody due primarily or solely to drug abuse by that parent until that parent passes six consecutive monthly drug tests; provides that the parent is to pay for the drug tests.
Senate Status01/29/2014 - Referred to Senate Judiciary Committee.
House Status02/12/2014 - Referred to House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 36, Chapter 6 and Title 37, relative to drug use by parents.
SB2409 / HB2452 Child support - obligation changes.
CategoryFamily Law
SponsorsSen. Mae Beavers / Rep. Kelly Keisling
DescriptionCreates a rebuttable presumption against backdated child support payments where one of the child's parents can show that the other parent either did not notify that parent of or actively concealed the child's existence. Decreases the interest rate charged on arrearages from 12% to 5.25%. Declares that the court must consider the income earned by each parent during the parent's primary full-time employment of 40 hours per week maximum, and any hours worked over 40 hours must not be considered for child support calculation. Declares that gifts received by a parent are not income, if a parent has more than one child that they are court ordered to pay child support for and they are not in arrears for the other child the court must deduct 100% of the amount of support ordered for the other child from the parent's income, a non-custodial parent will not be required to pay more because they have the child less time than the custodial parent, and no parent is obligated to pay for any extraordinary expense outside of the child's support obligation unless that parent shared in the decision that led to the extraordinary expense.
Senate Status02/05/2014 - Referred to Senate Judiciary Committee.
House Status02/12/2014 - Referred to House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 36, Chapter 5, relative to child support.
SB2418 / HB2314 Uniform Deployed Parents Custody and Visitation Act.
CategoryFamily Law
SponsorsSen. Dolores R. Gresham / Rep. John Ragan
DescriptionCreates the Uniform Deployed Parents Custody and Visitation Act. Prohibits residence of deployed parent from changing because of deployment if a court orders a temporary or permanent order regarding custodial responsibility. Requires deploying parent to provide notice of deployment in certain situations. Prohibits a court from considering a parent's past or future deployment when determining the best interest of the child. Allows parents to enter into certain temporary agreements concerning custodial responsibility. Sets up procedure for terminating such agreements. (16 pp.)
Fiscal Note
(Dated February 13, 2014) NOT SIGNIFICANT
Senate Status02/05/2014 - Referred to Senate Judiciary Committee.
House Status02/19/2014 - House Civil Justice Subcommittee recommended. Sent to House Civil Justice Committee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 36, relative to the Uniform Deployed Parents Custody and Visitation Act.

Government Contracts - 2

SB1623 / HB1419 State can sell real property by public auction.
CategoryGovernment Contracts
SponsorsSen. Mark S. Norris / Rep. Gerald McCormick
DescriptionAllows the state to sell real property and convey any interest or rights in minerals, coal, natural gas, oil, timber and any other energy-related resources by public auction, including internet auctions and in-person auctions; as long as they are open for participation by the public at large, in addition to the sealed bid method. (Part of Administration Package)
AmendmentHouse State Government Committee amendment 1 (012396) rewrites the bill. Specifies that the state can sell real property and can convey any interest or rights in minerals, coal, natural gas, oil, timber, and any other energy related resources by the sealed bid method. Specifies that fee interests in real property shall be sold by the sealed method or by public auction in accordance with policies established by the State Building Commission, with the condition that the State shall have the right to refuse any and all bids. Public auction may include internet auctions as well as in person auctions that are open to participation by the public at large.
Fiscal Note
(Dated January 24, 2014) NOT SIGNIFICANT
Senate Status02/18/2014 - Senate State & Local Government Committee deferred to 02/25/14.
House Status02/20/2014 - Set for House Floor on 02/24/14.
CaptionAN ACT to amend Tennessee Code Annotated, Section 12-2-112, relative to the sale of state-owned real property by public auction.
SB1842 / HB1726 State contracts - preference given to goods manufactured in U.S.
CategoryGovernment Contracts
SponsorsSen. James F. Kyle Jr. / Rep. Bo Mitchell
DescriptionEnacts the "Procurement of Domestic Products Act," which requires any state agency making purchases of goods to give preference to those of domestic origin. Defines "domestic origin" to mean a good manufactured in the U.S. or a good manufactured in the U.S. from components mined, produced, or manufactured in the U.S. so long as the cost of the good's foreign components does not exceed 50 percent of the cost of all components. Clarifies that such requirement does not apply if the chief procurement officer determines the acquisition of goods of domestic origin is inconsistent with the public interest or that their cost increases the cost of a contract by more than 25 percent. Requires any vendor seeking such preference to supply the chief procurement officer with any supported documentation required and requires such vendor to certify that the vendor will provide goods of domestic origin.
Fiscal Note
(Dated February 18, 2014) Increase State Expenditures - $151,500 Other Fiscal Impact – An exact fiscal impact for requiring the Chief Procurement Office to purchase goods of domestic origin that are up to 25 percent more expensive than other non-domestic goods is not quantifiable due to multiple unknown factors such as the difference in the current price of such goods and the new price as a result of the preference given as well as possible cost increases as a result of more vendor requirements.
Senate Status01/23/2014 - Referred to Senate State & Local Government Committee.
House Status01/29/2014 - Referred to House State Government Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4, Chapter 56; Title 12, Chapter 4 and Title 12, Chapter 3, to enact the "Procurement of Domestic Products Act".

Government Organization - 26

SB368 / HB827 Creation of conflict of interest policies.
CategoryGovernment Organization
SponsorsSen. Mike Bell / Rep. Judd Matheny
DescriptionRequires each board, commission, committee, or other governmental entity to adopt and implement rules and regulations to create a conflict of interest policy for board members. Specifies that the policy shall mandate annual written disclosures of financial interests, other possible conflicts of interest, and an acknowledgement by board members that they have read and understand all aspects of the policy.
Fiscal Note
(Dated: March 22 2013) Not Significant.
Senate Status01/31/2013 - Referred to Senate Government Operations.
House Status02/07/2013 - Referred to House Government Operations.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4, Chapter 3, Part 2; Title 4, Chapter 3, Part 13; Title 60, Chapter 1, Part 2; Title 68, Chapter 1; Title 68, Chapter 211, Part 1; Title 68, Chapter 215, Part 1 and Title 69, Chapter 3, Part 1, relative to conflicts of interest.
SB387 / HB813 Training to comply with regulatory flexibility act.
CategoryGovernment Organization
SponsorsSen. Mike Bell / Rep. Judd Matheny
DescriptionRequires each state agency head to complete periodic training for purposes of complying with the Regulatory Flexibility Act of 2007.
Fiscal Note
(Dated: February 18 2013) Not Significant.
Senate Status01/31/2013 - Referred to Senate Government Operations.
House Status02/06/2013 - Referred to House Government Operations.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4, Chapter 5, relative to the Uniform Administrative Procedures Act.
SB389 Revises structure of certain agencies, board & commissions.
CategoryGovernment Organization
SponsorsSen. Mike Bell
DescriptionAlters various provisions regarding the state historical commission, state criminal justice coordinating council, the alcoholic beverage commission, state board of accountancy, commissioner and department of commerce and insurance, health services and development agency, and drycleaner environmental response board. (12 pp.)
Senate Status01/31/2013 - Referred to Senate Government Operations.
House StatusNone
CaptionAN ACT to amend Tennessee Code Annotated, Title 4; Title 39; Title 41; Title 57; Title 62 and Title 68, relative to the restructuring of certain state agencies.
SB411 Tennessee Balance of Powers Act.
CategoryGovernment Organization
SponsorsSen. Stacey Campfield
DescriptionCreates the "Tennessee Balance of Powers Act." Establishes that Tennessee rejects any federal claim of expanded authority under the Commerce Clause, the General Welfare Clause, or the Necessary and Proper Clause of the United States Constitution. Creates a commission of recommendation to review any federal laws, regulations, or executive orders that may conflict with the Tennessee Constitution. Creates a felony offense for any employee of the United States government to enforce or attempt to enforce any federal regulation that has been declared by the general assembly to be beyond the authority granted to the federal government.
Fiscal Note
(Dated: March 12 2013) Increase State Revenue - Not Significant Increase State Expenditures - $2,000/Each One-Day Meeting.
Senate Status01/31/2013 - Referred to Senate Government Operations.
House StatusNone
CaptionAN ACT to amend Tennessee Code Annotated, Title 3; Title 4, Chapter 29 and Title 38, Chapter 3, relative to the "Tennessee Balance of Powers Act".
SB566 / HB796 Extends the judicial nominating commission.
CategoryGovernment Organization
SponsorsSen. Mike Bell / Rep. John Ragan
DescriptionExtends the judicial nominating commission through June 30, 2013.
AmendmentHouse amendment 1, Senate Government Operations Committee amendment 1 (002968) extends the commission to June 30, 2014, instead of June 30, 2013.
Fiscal Note
(Dated: February 7 2013) Not Significant.
Senate Status04/19/2013 - Re-referred to Senate Calendar Committee.
House Status02/21/2013 - House passed with amendment 1.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4, Chapter 29 and Title 17, Chapter 4, relative to the judicial nominating commission.
SB567 / HB835 Extends the judicial performance evaluation commission.
CategoryGovernment Organization
SponsorsSen. Mike Bell / Rep. Judd Matheny
DescriptionExtends the judicial performance evaluation commission through June 30, 2014.
AmendmentSenate amendment 2 (007528) reconstitutes the judicial performance evaluation commission by adding a requirement that the speaker of each chamber of the general assembly appoint members to the commission by July 1, 2013.
Fiscal Note
(Dated: February 10 2013) Not Significant.
Senate Status04/19/2013 - Senate passed with amendment 2.
House Status04/19/2013 - Held on House clerk's desk.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4, Chapter 29 and Title 17, Chapter 4, relative to the judicial performance evaluation commission.
SB843 / HB311 Civil penalties that TN departments may assess.
CategoryGovernment Organization
SponsorsSen. Bill Ketron / Rep. Jeremy Faison
DescriptionRequires departments of this state prior to assessing any civil penalty against a person whose business or activities are regulated by the department to issue by mail a written citation that includes the nature and location of the violation, the requirements necessary to remedy the violation, the time for abatement of the violation which shall be no less than twenty business days, and the civil penalties that shall be assessed if the person fails to remedy the violation within the time for abatement. Allows the department to proceed to assess civil penalties if the person fails to remedy the violation.
AmendmentHouse Business and Utilities Subcommittee amendment 1 (004667) makes the bill. Requires a department who finds that a person or business is not in compliance with a law, rule, or regulation made within the last two years to issue a written citation if the person or business has not previously violated such law, rule, or regulation. A time of abatement shall be provided for the person or business to remedy the violation. The person or business may object to the citation and have a hearing. This act does not preempt any federal laws, nor prohibit the immediate application of criminal penalties.
Fiscal Note
(Dated: March 11 2013) Decrease State Revenue - $45,300/General Fund - $5,500/Agriculture Regulatory Fund - $52,500/Tennessee Regulatory Authority - $368,700/ABC Fund - Increase State Expenditures - $2,000/One-Time/ABC Fund - $58,900/Recurring/ABC Fund $10,000/General Fund - Decrease Local Revenue - Exceeds $27,200 - Increase Local Expenditures - $19,100* - Other Fiscal Impact - The Department of Health's Division of Regulatory Boards will experience a decrease in fee revenue from assessed civil penalties resulting in a loss of revenue to the boards of $261,921; however, any decrease in revenue can be offset by subsequent increases in issuance and renewal fees for boards, agencies, and commissions. - According to the Department of Health, this legislation may jeopardize $1,300,000 in federal funds provided to the Office of Health Care Facilities through a contract with the Centers for Medicare and Medicaid Services to conduct surveys on health facilities. - According to the Department of Environment and Conservation (TDEC), certain federal acts require that state law maintain a level of severity, at least equal to federal law. According to TDEC, it anticipates that the following acts and related funding would be jeopardized: Underground Storage Fund, Federal Clean Water Act, Environmental Protection Fund, Safe Drinking Water Act, Safe Water Programs, Drinking Water Regulation, Clean Water Act Grants, State clean Water Program Regulations, Solid Waste Disposal Act, State Hazardous Waste Programs, Clean Air Act, State Air Programs, State Air Implementation. Jeopardizing federal funding received from these Acts could result in a loss in federal revenue exceeding $4,400,000.
Senate Status03/19/2013 - Taken off notice in Senate Commerce & Labor Committee.
House Status04/03/2013 - Taken off notice in House Business & Utilities Committee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4; Title 11; Title 43; Title 44; Title 45; Title 53; Title 56; Title 57; Title 59; Title 60; Title 62; Title 63; Title 64; Title 65; Title 67; Title 68; Title 69; Title 70 and Title 71, relative to civil penalties assessed by departments of this state.
SB872 / HB951 Assistant to treasury department for providing legal services.
CategoryGovernment Organization
SponsorsSen. Rusty Crowe / Rep. Timothy Hill
DescriptionAllows the treasury department to utilize the attorney general and reporter or an assistant designated by the attorney general and reporter to assist the department in providing legal services regarding deferred or tax-sheltered compensation plans.
Fiscal Note
(Dated: March 17 2013) Not Significant.
Senate Status02/08/2013 - Referred to Senate Judiciary.
House Status03/27/2013 - Taken off notice in House State Government Subcommittee.
Executive Status03/18/2013 - Taken off notice in Council on Pensions & Insurance.
CaptionAN ACT to amend Tennessee Code Annotated, Title 8, Chapter 25, Part 1, relative to deferred compensation.
SB895 / HB1180 Re-establishes the Tennessee state racing commission.
CategoryGovernment Organization
SponsorsSen. Frank Niceley / Rep. Joe Towns Jr.
DescriptionRe-establishes the Tennessee state racing commission. Specifies membership and duties of commission. (10 pp.)
Fiscal Note
(Dated: March 13 2013) Increase State Revenue - $190,500/FY13-14/Racing Commission - $177,700/FY14-15 and Subsequent Years/Racing Commission - Increase State Expenditures - $190,500/FY13-14/Racing Commission - $177,700/FY14-15 and Subsequent Years/Racing Commission.
Senate Status02/08/2013 - Referred to Senate Government Operations.
House Status03/13/2013 - Failed in House State Government Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4, Chapter 29, Part 2 and Title 4, Chapter 36, relative to the Tennessee state racing commission.
SB1001 / HB657 Public finance and public debt of local governments revised.
CategoryGovernment Organization
SponsorsSen. Randy McNally / Rep. Steve McManus
DescriptionSpecifies that the power of the local development authority to purchase bonds or notes to pay claims against insolvent insurers is supplemental to any other powers authorized by law. Clarifies that the state building commission not only advertises certain contracts for the procurement of goods and materials excluded from public purchasing policies, but also evaluates such contracts. Allows superintendents of jail workhouses to keep electronic accounts, instead of just accounts in a well-bound book, of all supplies, implements, and tools purchased for the workhouse. Provides that purchasers of notes and bonds issued by the school bond authority are not liable for gift taxes on proceeds on and after January 1, 2012.
Fiscal Note
(Dated: March 16 2013) Not Significant.
Senate Status02/08/2013 - Referred to Senate State & Local Government.
House Status03/20/2013 - Taken off notice in House State Government Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4; Title 5; Title 6; Title 7; Title 8; Title 9; Title 12; Title 41 and Title 49, relative to public finance and public debt.
SB1047 / HB1279 Creates the Tennessee behavior and analyst licensing board.
CategoryGovernment Organization
SponsorsSen. Brian K. Kelsey / Rep. Mark White
DescriptionCreates the Tennessee behavior and analyst licensing board which shall consist of five members appointed by the governor. Authorizes the board to issue licenses to individuals who meet the requirements and to promulgate rules for the implementation of the setting of fees and the establishment of disciplinary action.
Fiscal Note
(Dated: March 15 2013) Increase State Revenue - $101,900/FY13-14 and Biennially Thereafter/BALB - $1,500/FY14-15 and Biennially Thereafter/BALB - Increase State Expenditures - $72,000/FY13-14/BALB - $60,900/FY14-15 and Subsequent Years/BALB.
Senate Status02/19/2014 - Senate Government Operations Committee deferred to 03/05/2014.
House Status03/19/2013 - Taken off notice in House Government Operations Committee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4 and Title 63, relative to the practice of behavior analysis.
SB1219 / HB356 Adds $10.00 fee to filing a divorce action.
CategoryGovernment Organization
SponsorsSen. Charlotte Burks / Rep. Jim Coley
DescriptionRequires an additional $10.00 filing fee to divorce actions with the proceeds of the fee going to the department of revenue. Establishes the revenue from the filing fee be placed in a fund for family violence shelters and to the Tennessee Coalition to End Domestic and Sexual Violence and to provide training and technical assistance on domestic and sexual violence to communities statewide.
Fiscal Note
(Dated: February 12 2013) Increase State Revenue - $296,500/Family Violence Shelters and Shelter - Services Fund - Increase Local Revenue - $14,500/Court Clerks Fee Commission - $2,400/Shelby County Court Clerk Fee Commission - Increase Local Expenditures - Not Significant.
Senate Status02/14/2013 - Referred to Senate Judiciary.
House Status03/06/2013 - Taken off notice in House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 8, Chapter 21, Part 4 and Title 71, Chapter 6, Part 2, relative to the funding of family violence shelters.
SB1462 / HB1402 Codifies the acts of the 2013 legislative session.
CategoryGovernment Organization
SponsorsSen. Mark S. Norris / Rep. Gerald McCormick
DescriptionCodifies the acts of the 2013 legislative session.
Fiscal Note
(Dated January 15, 2014) NOT SIGNIFICANT
Senate Status02/10/2014 - Senate passed.
House Status02/05/2014 - House passed.
Executive Status02/19/2014 - Signed by governor.
CaptionAN ACT to revise and codify the general and public statutes of the State of Tennessee, to the extent incorporated herein, as a part of Tennessee Code Annotated; to provide in case of any conflict between Acts of the 2014 Session of the General Assembly and this Act, the former shall be controlling, regardless of the respective dates of passage or approval; and to repeal all acts or parts of acts codified in this Act.
SB1534 / HB1621 Sunset-extends the department of revenue.
CategoryGovernment Organization
SponsorsSen. Mike Bell / Rep. Judd Matheny
DescriptionExtends the sunset date of the department of revenue from June 30, 2014 to June 30, 2018, and requires the department to appear before the joint government operations subcommittee on judiciary and government concerning issues from its 2013 performance audit by October 1, 2014.
Fiscal Note
(Dated: February 6, 2014) NOT SIGNIFICANT
Senate Status01/16/2014 - Referred to Senate Government Operations Committee.
House Status02/20/2014 - House passed.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4, Chapter 29, Part 2; Title 4, Chapter 3, Part 1 and Title 4, Chapter 3, Part 19, relative to the department of revenue.
SB1546 / HB1601 Sunset-terminates the judicial information system advisory committee.
CategoryGovernment Organization
SponsorsSen. Mike Bell / Rep. Judd Matheny
DescriptionTerminates the judicial information system advisory committee.
Fiscal Note
(Dated January 16, 2014) NOT SIGNIFICANT
Senate Status01/27/2014 - Senate passed.
House Status02/13/2014 - House passed.
Executive Status02/19/2014 - Sent to governor.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4, Chapter 29, Part 2 and Title 16, Chapter 3, Part 8, relative to the judicial information system advisory committee.
SB1557 / HB1609 Sunset Laws - state law library commission.
CategoryGovernment Organization
SponsorsSen. Mike Bell / Rep. Judd Matheny
DescriptionSunsets the state law library commission on June 30, 2020.
Fiscal Note
(Dated January 22, 2014) NOT SIGNIFICANT
Senate Status02/03/2014 - Senate passed.
House Status02/10/2014 - House passed.
Executive Status02/19/2014 - Signed by governor.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4, Chapter 29, Part 2 and Title 10, Chapter 4, Part 1, relative to the state law library commission.
SB1565 / HB1587 Sunset - Tennessee board of court reporting.
CategoryGovernment Organization
SponsorsSen. Mike Bell / Rep. Judd Matheny
DescriptionSunsets the Tennessee board of court reporting on June 30, 2018.
Fiscal Note
(Dated January 21, 2014) NOT SIGNIFICANT
Senate Status01/16/2014 - Referred to Senate Government Operations Committee.
House Status02/20/2014 - Set for House Consent on 02/24/14.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4, Chapter 29, Part 2 and Title 20, Chapter 9, Part 6, relative to the Tennessee board of court reporting.
SB1735 / HB2395 Boards and Commissions - allows appointments from list of nominees.
CategoryGovernment Organization
SponsorsSen. Mike Bell / Rep. Rick Womick
DescriptionEliminates the requirement for the Tennessee Municipal League to submit three nominees for appointment for each municipal vacancy and allows any interested municipal group to submit a list of qualified persons for appointment to a municipal vacancy. It allows but no longer requires the speaker of the house of representatives to appoint one member to the Tennessee Local Development Authority. It also eliminates the requirement for the Tennessee Municipal League to appoint a member to the local government insurance committee has been and allows the member to be appointed by the state treasurer as long as they represent the municipalities. Allows one vested member of the retirement system who represents the municipalities of the state to be appointed by the state treasurer and the Tennessee Municipal League is no longer required to do this, and it no longer requires the governor to consult with the Tennessee Municipal League to appoint one member who represents the municipalities to the wastewater financing board. Bill is broadly captioned.
Senate Status01/23/2014 - Referred to Senate Government Operations Committee.
House Status02/12/2014 - Referred to House State Government Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4; Title 8; Title 29, Chapter 20, Part 4; Title 65, Chapter 31 and Title 68, Chapter 221, Part 10, relative to appointments by certain entities.
SB1762 / HB1541 Fiscal note placed on bills.
CategoryGovernment Organization
SponsorsSen. Bill Ketron / Rep. Mark White
DescriptionRemoves the requirement that a fiscal note be done in ten days following the introduction of any bill or resolution. Requires the fiscal note be done once a standing committee of either house places the bill on calendar.
Fiscal Note
(Dated February 4, 2014) NOT SIGNIFICANT
Senate Status02/18/2014 - Senate State & Local Government Committee deferred to 02/25/14.
House Status02/18/2014 - House State Government Committee recommended with amendment 1 (012685). Sent to House Calendar & Rules.
CaptionAN ACT to amend Tennessee Code Annotated, Title 3, Chapter 2; Title 3, Chapter 7 and Section 4-56-107, relative to the fiscal review committee.
SB2053 / HB2381 Implementation of an apprentice program for state agencies.
CategoryGovernment Organization
SponsorsSen. Mike Bell / Rep. Susan Lynn
DescriptionRequires certain boards and commissions, in consultation with the division of regulatory boards, to develop a plan to create an apprentice program. Requires such plan to include apprenticeship training, supervisory standards, occupational instruction, wages and benefits, and licensure. Requires the apprenticeship plan to be submitted to the speakers, the government operations committees, the commissioner of commerce and insurance, the commissioner of health, and the commissioner of labor and workforce development on or before December 31, 2014.
Senate Status01/29/2014 - Referred to Senate State & Local Government Committee.
House Status02/12/2014 - Referred to House State Government Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4; Title 62; Title 63 and Title 68, Chapter 1, relative to the creation of a plan for the development of an apprenticeship program for certain state agencies.
SB2054 / HB2449 Renaming the Tennessee human rights commission.
CategoryGovernment Organization
SponsorsSen. Mike Bell / Rep. Jimmy Matlock
DescriptionRenames the Human Rights Commission the Affirmative Action Commission. Changes membership appointments. Vacates current membership on June 30, 2014. Creates a staggered term process for its members.
Senate Status01/29/2014 - Referred to Senate Government Operations Committee.
House Status02/12/2014 - Referred to House State Government Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4; Title 8, Chapter 50 and Title 68, Chapter 1, relative to human rights.
SB2059 / HB1909 Exempts the state from daylight saving time.
CategoryGovernment Organization
SponsorsSen. Janice Bowling / Rep. Curry Todd
DescriptionExempts the state from observing daylight saving time.
AmendmentHouse State Government Subcommittee amendment 1 (012258) provides that the bill shall take effect July 1, 2014.
Fiscal Note
(Dated February 9, 2014) NOT SIGNIFICANT
Senate Status01/29/2014 - Referred to Senate State & Local Government Committee.
House Status02/18/2014 - House State Government Committee deferred to 02/25/14.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4, Chapter 1, Part 4, relative to time.
SB2389 / HB2203 Sunset - department of children's services.
CategoryGovernment Organization
SponsorsSen. Mike Bell / Rep. Judd Matheny
DescriptionSunsets the department of children's services on June 30, 2017.
Senate Status02/03/2014 - Referred to Senate Government Operations Committee.
House Status01/30/2014 - Referred to House Government Operations Committee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4, Chapter 29, Part 2; Title 4, Chapter 3, Part 1 and Title 37, Chapter 5, relative to the department of children's services.
SB2466 / HB2315 Office of the repealer - posting of reports.
CategoryGovernment Organization
SponsorsSen. Bo Watson / Rep. Steve McDaniel
DescriptionRequires annual reports of the office of the repealer to be posted on the repealer's web page. Broadly captioned.
Fiscal Note
(Dated February 4, 2014) NOT SIGNIFICANT
Senate Status02/10/2014 - Referred to Senate State & Local Government Committee.
House Status02/12/2014 - Referred to House State Government Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 3, Chapter 12; Title 3, Chapter 13; Title 3, Chapter 14; Title 3, Chapter 16 and Title 3, Chapter 7, relative to functions of the general assembly.
SJR103 Constitutional amendment - powers of the governor during disability.
CategoryGovernment Organization
SponsorsSen. Becky Duncan Massey
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.
AmendmentSenate amendment 1 (004581) alters a portion of the resolution. Details process in which the Speaker of the Senate or Speaker of the House of Representatives will have governor powers in case the governor is unable to perform the powers and duties of the office. Prohibits such person acting as governor from presiding or voting as a general assembly member while acting as governor. Requires such person acting as governor to assume the powers of Acting Governor when a majority of particular persons certify that the Governor is unable to perform the powers and duties of the office.
Fiscal Note
(Dated: February 27 2013) Increase State Expenditures - $9,100/One-Time.
Senate Status04/10/2013 - Senate adopted.
House Status01/29/2014 - House State Government Subcommittee deferred to last calendar.
CaptionA RESOLUTION proposing an amendment to Article III, Section 12 of the Constitution of Tennessee, relative to the exercise of the powers and duties of the Governor during disability.
SJR486 Constitutional Amendment-preferential treatment to an individual or group.
CategoryGovernment Organization
SponsorsSen. Jim Summerville
DescriptionProhibits the State of Tennessee from discriminating against, or granting preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education or public contracting.
Senate Status01/15/2014 - Referred to Senate Judiciary Committee.
House StatusNone
CaptionA RESOLUTION to propose an amendment to Article XI, of the Constitution of Tennessee, relative to prohibiting certain discrimination in public employment, public education or public contracting.

Government Regulation - 19

SB132 / HB261 Reduces TANF payments based on unsatisfactory school report.
CategoryGovernment Regulation
SponsorsSen. Stacey Campfield / Rep. Vance Dennis
DescriptionRequires that the personal responsibility plan of an applicant for or recipient of TANF (Temporary Assistance to Needy Families) pursuant to the state Families First program include that a parent or other caretaker relative ensures that every child in the family maintain satisfactory academic progress in school in addition to attending school. Failure to require a child to attend school or to maintain satisfactory academic progress, without good cause, will result in a 30 percent reduction with regard to the temporary assistance payment until such time as compliance occurs. Satisfactory academic progress is defined as complying with the attendance requirements of Title 9, Chapter 6, Part 30, and receiving a score of proficient or advanced on required state examinations in the subject areas of mathematics and reading/language arts; demonstrating competency as determined by the state board of education on two end of course examinations; or maintaining a grade point average that is sufficient to attend the next grade. A student may attend a summer school course and receive a passing grade in the course in order to achieve satisfactory academic progress in a subject area in which the student failed or scored below proficient or failed to demonstrate competency. The provisions relative to competency or grade point averages will not apply to students who have IEPs and who are not academically talented or gifted. The failure of a parent or caretaker relative to comply with the requirement that children in the family receive immunizations and health checks, without good cause, will result in a 25 percent reduction with regard to the TANF payment instead of a 20 percent reduction.
AmendmentSenate amendment 1, House Health Committee amendment 1 (004557) rewrites the bill. Designates the bill as the Education to End Poverty Act. Requires that the Personal Responsibility Plan include either that the children in the family attend and maintain satisfactory academic progress in school or that, if the child has an IEP and is not intellectually gifted, the child attend school. Failure to comply with these requirements of the personal responsibility plan will result in the parent or caretaker receiving a child only grant until such time as compliance occurs. Reduction of a TANF payment to a parent or caretaker due to a child's failure to maintain satisfactory academic progress shall be restored upon the parent or caretaker providing evidence, in person, to DHS that the parent or caretaker has attended two or more parent-teacher conferences; attended at least eight hours of parenting classes since the first reduction was applied; enrolled the child in and the child has attended an available and affordable tutoring program for at least eight hours per semester; or enrolled the child in summer school. The tutoring and summer school must be in the subject area that prevented the child from advancing to the next grade or from graduating. In the case of a home schooled student, the parent or caretaker must meet the parenting class or tutoring requirement. Failure to comply with the requirement in current law that the children in the family receive immunizations and health checks will result in the parent or caretaker receiving a child only grant until such time as compliance occurs. Satisfactory academic progress is defined as a child advancing to the next grade, in accordance with state Board of Education requirements. DHS is required to define by rule what documentary evidence will be accepted for purposes of restoring a reduction in TANF payments. All documentation must be provided by the caretaker upon the recertification of the parent or caretaker's temporary assistance case. To the extent permitted by federal law, any moneys remaining as a result of reductions pursuant to the academic progress requirements must be expended in order to accomplish the duties and responsibilities of DHS and will not revert to the general fund. This requirement does not apply to reductions relative to immunizations and health checks.
Fiscal Note
(Dated: March 18 2013) Increase State Expenditures - $11,900/One-Time - $104,400/Recurring - Other Fiscal Impact - The increased reductions in temporary assistance payments imposed by the bill will result in decreased expenditures that will be used to provide benefits to other recipients of temporary assistance benefits. The amount of the decrease cannot be quantified because DHS has not provided information relative to reductions currently imposed by DHS.
Senate Status04/11/2013 - Referred to Senate Health & Welfare Committee after adopting amendment 1.
House Status04/09/2013 - House Government Operations Committee recommended. Sent to House Finance.
CaptionAN ACT to amend Tennessee Code Annotated, Title 71, Chapter 3, Part 1, relative to certain assistance payments to parents or caretakers.
SB388 / HB812 Public rulemaking hearing for proposed rule.
CategoryGovernment Regulation
SponsorsSen. Mike Bell / Rep. Judd Matheny
DescriptionEstablishes that hearings are not required when the proposed rule is posted to the administrative register web site within five business days of receipt, together with a statement that the agency will adopt the proposed rule without a public hearing unless within thirty days, instead of sixty days, after the first day of the month subsequent to the filing of the proposed rule a petition for a public hearing on the proposed rule is filed by twenty-five persons who will be affected by the rule. Prohibits an agency that has filed an emergency rule from filing a proposed rule on the same subject without first holding a public hearing.
Fiscal Note
(Dated: February 18 2013) Not Significant.
Senate Status01/31/2013 - Referred to Senate Government Operations.
House Status02/06/2013 - Referred to House Government Operations.
CaptionAN ACT to amend Tennessee Code Annotated, Section 4-5-202, relative to proposed rules.
SB593 / HB499 Destroying of corporation records by secretary of state.
CategoryGovernment Regulation
SponsorsSen. Jack Johnson / Rep. Art Swann
DescriptionDecreases, from 10 to five years, the period of time after which the secretary of state is authorized to destroy any records concerning a corporation after it has dissolved, withdrawn from the state, or had its certificate revoked. Requires a foreign limited partnership, when applying for a certificate of authority, to submit a certificate of existence that is dated within the last month, rather than the last two months. Broadly captioned.
Fiscal Note
(Dated: February 3 2013) Not Significant.
Senate Status03/19/2013 - Taken off notice in Senate Commerce & Labor Committee.
House Status02/21/2013 - Referred to House Business & Utilities Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 48 and Title 61, relative to business organizations.
SB722 / HB588 UN representative not allowed to operate within state.
CategoryGovernment Regulation
SponsorsSen. Frank Niceley / Rep. James (Micah) Van Huss
DescriptionProhibits any representative of the United Nations from operating in this state in any official capacity and holding any official status when that representative is within this state.
Fiscal Note
(Dated: February 23 2013) Not Significant.
Senate Status03/19/2013 - Senate State & Local Government Committee deferred to 03/26/13.
House Status02/21/2013 - Referred to House State Government Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4, relative to state sovereignty.
SB730 / HB409 UAPA - filing of rules with the secretary of state.
CategoryGovernment Regulation
SponsorsSen. Bo Watson / Rep. Curtis G. Johnson
DescriptionRequires additional information be submitted by state agencies upon the filing of rules with the secretary of state, including a written justification for the proposed rule to be promulgated and an impact analysis. Specifies that the written justification include a clearly defined description of the objective of the proposed action, a demonstration of necessity for the proposed action, identification and explanation of expected benefits and beneficiaries of the proposed action, and an explanation of alternative actions considered, in addition to other information required. Also specifies the information that should be included with the impact analysis.
Fiscal Note
(Dated: March 8 2013) Increase State Expenditures - $128,100/FY13-14 - $240,100/FY14-15 and Subsequent Years.
Senate Status02/08/2013 - Referred to Senate Government Operations.
House Status02/05/2013 - Referred to House State Government Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4, Chapter 5, Part 2, relative to the Uniform Administrative Procedures Act.
SB1008 / HB444 Defines adequate public notice throughout the code.
CategoryGovernment Regulation
SponsorsSen. Dolores R. Gresham / Rep. Kelly Keisling
DescriptionDefines adequate public notice throughout the code as including, but not limited to, publication of the public meeting or deadline in a newspaper of general circulation at least five days before the meeting, posting of the notice on an Internet web site at least three days before the meeting, and posting of the notice within the building where the meeting or deadline is to take place at least three days before the meeting or deadline will occur.
Fiscal Note
(Dated: March 20 2013) Increase State Expenditures - Exceeds $50,000/Recurring - Increase Local Expenditures - $253,500/One-Time* - Exceeds $200,000/Recurring.
Senate Status02/08/2013 - Referred to Senate State & Local Government.
House Status02/05/2013 - Referred to House State Government Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Section 1-3-105, relative to definitions of terms in the code.
SB1589 Public entities - employee information on race, gender or ethnicity.
CategoryGovernment Regulation
SponsorsSen. Jim Summerville
DescriptionDeclares that no state or local government agencies or entities are allowed to maintain, keep, or circulate any information concerning the race, gender or ethnicity of public employees. Bill is broadly captioned.
Senate Status01/16/2014 - Referred to Senate State & Local Government Committee.
House StatusNone
CaptionAN ACT to amend Tennessee Code Annotated, Title 4; Title 5; Title 6 and Title 7, relative to record keeping by public agencies.
SB1595 Race, sex or ethnicity data compiled by state entities.
CategoryGovernment Regulation
SponsorsSen. Jim Summerville
DescriptionProhibits any state entity, including a public institution of higher education, from compiling statistics and data based on race, sex, or ethnicity of state employees, vendors contracting with the state, or state advisory boards, unless required by federal law or court order. Requires such state entities to identify all laws that require such data and provide appropriate legislation to the speakers in both houses to eliminate such language.
Senate Status01/16/2014 - Referred to Senate State & Local Government Committee.
House StatusNone
CaptionAN ACT to amend Tennessee Code Annotated, Title 4 and Title 49, relative to statistics and data compiled and kept by entities of state government.
SB1734 / HB2386 Tennessee Streaming Video Act.
CategoryGovernment Regulation
SponsorsSen. Mike Bell / Rep. Kent Calfee
DescriptionObligates state agencies to make their meetings available to the public over the internet by live streaming video on the agency's website. Archived videos must also be available and permanently maintained on the website. If agencies are unable to meet the requirements of this act they may petition the office of open records counsel for an exemption if they can prove meeting the requirements would create a financial hardship on the agency. Those agencies that conduct meetings by telephone must maintain and make available all audiotapes of those meetings to the public online through their website. This act does not apply to meetings that are considered confidential according the state constitution or by statute. Bill broadly captioned.
Senate Status01/23/2014 - Referred to Senate State & Local Government Committee.
House Status02/12/2014 - Referred to House State Government Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4; Title 8, Chapter 4, Part 6 and Title 49, relative to meetings of state agencies.
SB1807 / HB1724 Maximum period of eligibility - temporary assistance.
CategoryGovernment Regulation
SponsorsSen. Frank Niceley / Rep. Dennis Powers
DescriptionDecreases the maximum period of eligibility for temporary assistance to needy families from 60 to 36 months, and makes a family ineligible to receive benefits from the program if one adult member of that family has received benefits from the program or another state or territory's program for a combined total of 36 months, unless an exemption is granted.
Senate Status01/23/2014 - Referred to Senate Health & Welfare Committee.
House Status01/29/2014 - Referred to House Health Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 71, Chapter 3, Part 1, relative to temporary assistance to needy families.
SB1831 / HB1732 UAPA - calculation of time related to rules.
CategoryGovernment Regulation
SponsorsSen. Janice Bowling / Rep. Curtis Halford
DescriptionRequires a proposed agency rule to be posted on the secretary of state's website within seven days of receipt rather than five. Requires the statement that is posted with the proposed rule to specify that the agency will adopt the rule without a public hearing unless within 60 days after filing of the proposed rule a petition for a public hearing is filed by 25 persons who will be affected by the rule, an association of 25 or more members, a municipality or by a majority vote of any standing committee of the general assembly. Current law specifies a time frame of 90 days.
Fiscal Note
(Dated February 4, 2014) NOT SIGNIFICANT
Senate Status02/19/2014 - Senate Government Operations Committee recommended. Sent to Senate Calendar Committee.
House Status02/13/2014 - Set for House Regular Calendar 02/20/14.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4, Chapter 5, relative to the calculation of time related to rules.
SB1921 / HB1840 Revises Tennessee Charitable Gaming Implementation Law.
CategoryGovernment Regulation
SponsorsSen. Ken Yager / Rep. William G. Lamberth
DescriptionRevises certain provisions of the Tennessee Charitable Gaming Implementation Law. Alters annual event application deadlines. Requires additional information on annual event application. Alters financial accounting requirements regarding annual events. Alters amount of prizes that can be awarded at certain annual events.
Fiscal Note
(Dated January 31, 2014) Increase State Revenue – $5,400/Secretary of State
Senate Status02/06/2014 - Senate passed.
House Status02/18/2014 - House State Government Committee deferred to 02/25/14.
CaptionAN ACT to amend Tennessee Code Annotated, Title 3, Chapter 17, relative to charitable gaming.
SB2099 / HB1722 Tennessee Investment Exemption Act.
CategoryGovernment Regulation
SponsorsSen. Lowe Finney / Rep. Craig Fitzhugh
DescriptionEnacts the "Tennessee Investment Exemption Act", which provides certain securities with an exemption from the securities registration requirement and the filing of sales and advertising literature requirement, upon meeting the following conditions: the sale of the security meets the requirements in the federal exemption for intrastate offerings in the Securities Act of 1933; the sum of all cash and other considerations to be received from all sales of the security shall not exceed $1,000,000, less the aggregate amount received for all sales of securities by the issuer within 12 months before the first offer or sale; the issuer shall not accept more than $10,000 from an investor who is not an accredited investor; funds received from the sale of securities must be deposited in a bank or depository institution authorized to do business in this state, and all funds received from a buyer of a security shall be used consistent with representations made by the issuer to buyers; no commission or remuneration shall be paid for any person's participation in the offer or sale of securities for the issuer unless the person is registered as an agent or broker-dealer; before selling the security to the general public or the 25th sale of the security, the issuer shall provide a notice to the commissioner of commerce and insurance with information on the security; the issuer shall not be an investment company as defined in the Investment Company Act; and the issuer shall provide information to all buyers that such a security has not been registered and is subject to limitations. Includes other provisions regarding the application of the exemption.
Senate Status01/29/2014 - Referred to Senate Commerce & Labor Committee.
House Status01/29/2014 - Referred to House Insurance & Banking Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4, Chapter 3, Part 13 and Title 48, relative to securities.
SB2203 / HB2278 Applicability of provisions-Tennessee Nonprofit Corporation Act.
CategoryGovernment Regulation
SponsorsSen. Jack Johnson / Rep. Tilman Goins
DescriptionRevises the non-applicability or qualified applicability of certain provisions of the Tennessee Nonprofit Corporation Act to certain G&T cooperatives.
Senate Status01/29/2014 - Referred to Senate Commerce & Labor Committee.
House Status02/05/2014 - Referred to House Business & Utilities Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Section 48-69-122 and Section 65-25-225, relative to the nonapplicability or qualified applicability of certain provisions of the Tennessee Nonprofit Corporation Act to cooperatives incorporated under or subject to the provisions of Title 65, Chapter 25, Part 2 and Title 48, Chapter 69.
SB2450 / HB2440 State Interposition Act - relative to Affordable Care Act.
CategoryGovernment Regulation
SponsorsSen. Jim Summerville / Rep. Susan Lynn
DescriptionEnacts the "State Interposition Act relative to the Federal Affordable Care Act," with the intent of codifying the sworn duty and process of this state to prevent encroachment on this state and its citizens by the federal government with respect to the Affordable Care Act. Provides an official list of grievances for the purpose of state interposition for legal encroachment issues relative to the Affordable Care Act. Establishes that a person who knowingly interferes or conspires to interfere with the state interposition of the Affordable Care Act commits a Class E felony, punishable by confinement of not less than one year nor more than three years.
Senate Status02/06/2014 - Referred to Senate Commerce & Labor Committee.
House Status02/12/2014 - Referred to House State Government Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 3; Title 4; Title 5; Title 6; Title 7; Title 8 and Title 9, relative to enacting a State Interposition Act relative to the federal Patient Protection and Affordable Care Act.
SB2469 / HB2419 Statutes and Codification.
CategoryGovernment Regulation
SponsorsSen. Jim Summerville / Rep. Terri Lynn Weaver
DescriptionClarifies that the office of research and education accountability means and includes office of education accountability for purposes of the Tennessee Code. Also clarifies that the term "county executive" means and includes "county mayor" for purposes of the Tennessee Code. Broadly captioned.
Fiscal Note
(Dated February 19, 2014) NOT SIGNIFICANT
Senate Status02/10/2014 - Referred to Senate State & Local Government Committee.
House Status02/12/2014 - Referred to House State Government Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 1; Title 4, Chapter 1, Part 3 and Title 8, relative to official terms and definitions.
SB2566 / HB2467 Religious organizations may refuse to provide to certain people.
CategoryGovernment Regulation
SponsorsSen. Mike Bell / Rep. Bill Dunn
DescriptionSpecifies that no person or religious or denominational organization will be required to perform any of the following actions related to, or related to the celebration of, any civil union, domestic partnership, or marriage not recognized by this state, if doing so would violate the sincerely held religious beliefs of the person or religious or denominational organization regarding sex or gender:(A) Provide any services, accommodations, advantages, facilities, goods, or privileges; (B) Provide counseling, adoption, foster care, or other social services; (C) Provide employment or employment benefits; or (D) Solemnize a civil union, domestic partnership, or marriage not recognized by this state. Provides that if a person is employed by another person and the employer requires performance of an action under (A)-(D) as a condition of employment, then the above provision will not apply to the employee. Establishes that a refusal under the above provisions by a person or a religious or denominational organization will not give rise to: (1) A civil claim or cause of action under state or local law challenging the refusal; or (2) An action by the state or a local government to penalize, withhold benefits from, or discriminate against any person or religious or denominational organization. Provides that if this state, any local government, or any person asserts a claim or cause of action or takes adverse action against a person or a religious or denominational organization in violation of this bill, the person or religious or denominational organization will be entitled to recover all reasonable attorneys' fees and costs.
Fiscal Note
(Dated February 18, 2014) NOT SIGNIFICANT
Senate Status02/18/2014 - Taken off notice in Senate Judiciary Committee.
House Status02/12/2014 - Referred to House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4 and Title 36, relative to religious freedom.
SJR478 Regulation Freedom Amendment.
CategoryGovernment Regulation
SponsorsSen. Mark S. Norris
DescriptionUrges proposal of constitutional amendment requiring congressional approval of federal regulations under certain circumstances.
Senate Status01/15/2014 - Referred to Senate Judiciary Committee.
House StatusNone
CaptionA RESOLUTION memorializing the United Congress to propose a certain Constitutional amendment relative to the regulatory authority of the executive branch.
HB803 State boards to adopt conflict of interest policies.
CategoryGovernment Regulation
SponsorsRep. Judd Matheny
DescriptionRequires department boards to adopt and implement rules and regulations to create conflict of interest policies for board members. Requires the conflict of interest policy to mandate annual written disclosures of financial interests, other possible conflicts of interest, and an acknowledgement by board members that they have read and understand all aspects of the policy.
Senate StatusNone
House Status02/07/2013 - Withdrawn in House.
CaptionAN ACT to amend Tennessee Code Annotated, Title 60, Chapter 1, Part 2; Title 68, Chapter 211, Part 1; Title 68, Chapter 215, Part 1 and Title 69, Chapter 3, Part 1, relative to conflicts of interest.

Health Care - 21

SB192 / HB186 Various changes to health care law - broadly captioned.
CategoryHealth Care
SponsorsSen. Mark S. Norris / Rep. Gerald McCormick
DescriptionRequires a court to notify a public hospital or a treatment resource before committing a criminal defendant to such a hospital or resource. Adds "deliver" to the list of unlawful activities regarding the release of information by an insurance or carrier that provides for the physical or mental health of patients. Reduces the time from 30 days to 15 days for an enrollee and applicant for TennCare to notify the bureau of any material change regarding the person's TennCare application. Broadly captioned. (Part of Administration Package)
Fiscal Note
(Dated: March 15 2013) Not Significant.
Senate Status01/31/2013 - Referred to Senate Judiciary.
House Status03/20/2013 - Taken off notice in House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 33; Title 56; Title 63; Title 68 and Title 71, relative to healthcare.
SB407 / HB536 Health Care Compact.
CategoryHealth Care
SponsorsSen. Mae Beavers / Rep. Mark Pody
DescriptionEnacts Health Care Compact, which specifies that each member state may suspend by legislation the operation of all federal laws, rules, regulations, and orders regarding health care that are inconsistent with the laws and regulations adopted by the member state pursuant to this compact. Specifies that a member state that keeps such federal law in effect is responsible for the associated funding obligations in its state. Specifies that each member states has the right to federal monies up to an amount equal to its current year funding level, funded by congress as mandatory spending and not subject to annual appropriation, to support the exercise of member state authority under this compact. Specifies that this funding will not be conditional on any action of or regulation, policy, law, or rule being adopted by the member state. Creates Interstate Advisory Health Care Commission. Sunsets the Health Care Compact on June 30, 2014.
AmendmentHOUSE INSURANCE & BANKING COMMITTEE AMENDMENT 1, SENATE GOVERNMENT OPERATIONS AMENDMENT 1 (002948) expressly states that nothing in the proposed legislation may be interpreted or construed as requiring the state of Tennessee to make any particular expenditure of funds for any purpose or as authorizing participation by the state of Tennessee in any Health Care Choice Compact under § 1333 of the Patient Protection and Affordable Care Act, Public Law 111-148. SENATE GOVERNMENT OPERATIONS AMENDMENT 1 TO 1 (003786) corrects a drafting error, changing an incorrect reference to TCA 68-1-2601 to TCA 68-1-2501. HOUSE INSURANCE & BANKING COMMITTEE AMENDMENT 2 (003463) corrects a drafting error, changing an incorrect reference to TCA 68-1-2601 to TCA 68-1-2501.
Fiscal Note
(Dated: February 11 2013) Not Significant.
Senate Status03/26/2013 - Taken off notice in Senate Health & Welfare Committee.
House Status02/19/2013 - Failed in House Insurance & Banking Committee. The bill failed after the committee had adopted amendments 1 and 2.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4; Title 33; Title 63; Title 68 and Title 71, relative to a health care compact.
SB804 / HB937 Prohibits Medicaid expansion under new federal health care law.
CategoryHealth Care
SponsorsSen. Brian K. Kelsey / Rep. Jeremy Durham
DescriptionProhibits the state from establishing, facilitating, implementing, or participating in any new expansion of the medical assistance program, also known as Medicaid, pursuant to the Patient Protection and Affordable Care Act.
AmendmentHOUSE FINANCE COMMITTEE AMENDMENT 1 (012781) rewrites the bill. Prohibits the Governor from making any decision or obligating the state in any way with regard to the expansion of optional enrollment in the medical assistance program, also known as the Medicaid program, pursuant to the Patient Protection and Affordable Care Act, Public Law 111-148 (the Act), as interpreted by the United States Supreme Court in National Federation of Independent Business v. Sebelius, to be unconstitutional when applied to states as a mandatory expansion, unless authorized by joint resolution of the General Assembly. SENATE COMMERCE & LABOR COMMITTEE AMENDMENT 4 (012758). HOUSE INSURANCE & BANKING AMENDMENT 1 (005824) requires authorization by joint resolution of the General Assembly on any decision in any way with regard to the expansion of the medical assistance program, also known as the Medicaid program, pursuant to the Patient Protection and Affordable Care Act.
Fiscal Note
(Dated: February 26 2013) Forgone State Revenue - $418,207,600/TennCare/FY13-14 - $1,000,100,900/TennCare/FY14-15.
Senate Status02/18/2014 - Senate Commerce & Labor Committee recommended with amendment 4 (012758) after previously reconsidering their actions and withdrawing amendment 1. Sent to Senate Calendar Committee.
House Status02/20/2014 - Set for House Floor on 02/24/14.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4 and Title 71, relative to medical assistance.
SB818 / HB686 Defines "medical directive" to mean the same as "advance directive".
CategoryHealth Care
SponsorsSen. Lowe Finney / Rep. Sherry Jones
DescriptionIncludes "medical directive" as an alternative term for "advance directive".
Fiscal Note
(Dated: March 3 2013) Not Significant.
Senate Status02/08/2013 - Referred to Senate Judiciary.
House Status02/06/2013 - Referred to House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 33; Title 34; Title 63 and Title 68, relative to decision-making related to health care.
SB985 / HB530 Prescription required for any immediate methamphetamine precursor.
CategoryHealth Care
SponsorsSen. Randy McNally / Rep. Dennis Powers
DescriptionRequires a pharmacist-generated prescription order written by a pharmacist in order to purchase a product that contains any immediate methamphetamine precursor. Exempts gel capsules from such requirements. Requires the board of pharmacy to maintain a public list of the exempted products or categories of products.
Fiscal Note
(Dated: February 25 2013) Not Significant.
Senate Status02/08/2013 - Referred to Senate Judiciary.
House Status03/14/2013 - Withdrawn in House.
CaptionAN ACT to amend Tennessee Code Annotated, Title 39, Chapter 17, Part 4, relative to immediate methamphetamine precursor.
SB997 / HB343 Decisions and reporting concerning hospitals.
CategoryHealth Care
SponsorsSen. Randy McNally / Rep. Michael Harrison
DescriptionEstablishes that within sixty days, instead of within forty-five days, the attorney general and reporter must notify the public benefit hospital entity in writing of their decision to object to the proposed public benefit hospital conveyance transaction or take no action. Allows the attorney general and reporter to extend this period for an additional forty-five days, instead of thirty days, if the extension is necessary to obtain information. Requires the report of hospital statistics to include a report on community benefits provided by hospitals required to make a report.
Fiscal Note
(Dated: March 20 2013) Increased State Expenditures - Not Significant - Other Fiscal Impact - The Department of Revenue will be prohibited from taking any enforcement action against a not-for-profit taxpayer unless or until the taxpayer's appeal is adjudicated which could permit a taxpayer to avoid payment after final adjudication. The fiscal impact of this prohibition cannot be quantified.
Senate Status02/19/2014 - Senate Health & Welfare Committee deferred to 02/26/14.
House Status02/05/2013 - Referred to House Health Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 48; Title 67 and Title 68, relative to certain domestic not for profit corporations and not for profit entities.
SB1199 / HB1118 Schedule II and III controlled substances in locked safe.
CategoryHealth Care
SponsorsSen. Mark Green / Rep. Curtis G. Johnson
DescriptionRequires the prescription department at a pharmacy to have a physical barrier sufficient to protect against unauthorized entry. Requires any schedule II or III controlled substances that are stored in a pharmacy be secured inside a locked and non-movable safe inside the prescription department during non-business hours.
Fiscal Note
(Dated: March 1 2013) Not Significant.
Senate Status03/06/2013 - Senate Health & Welfare Committee deferred to 03/13/2013.
House Status02/21/2013 - Referred to House Criminal Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 53 and Title 63, relative to standards for security in pharmacies.
SB1600 / HB1467 Self-determination waiver for a person with an intellectual disability.
CategoryHealth Care
SponsorsSen. Rusty Crowe / Rep. Bob Ramsey
DescriptionRequires that a person with an intellectual disability who is on the waiting list for services and whose older custodial parent or custodial caregiver is 75 years of age or older must be enrolled in the self-determination waiver within six months of that parent or caregiver attaining that age.
Fiscal Note
(Dated January 29, 2014) Increase State Expenditures - $3,280,300/FY14-15 $4,228,100/FY15-16 Exceeds $4,228,100/FY16-17 and Subsequent Years Increase Federal Expenditures - $6,227,900/FY14-15 $8,027,300/FY15-16 Exceeds $8,027,300/FY16-17 and Subsequent Years
Senate Status01/16/2014 - Referred to Senate Health & Welfare Committee.
House Status02/12/2014 - House Health Committee deferred to 02/26/14.
CaptionAN ACT to amend Tennessee Code Annotated, Title 33, Chapter 5, relative to services and supports for people with intellectual disabilities.
SB1631 / HB1427 Civil liability immunity - certain opioid drug overdoses.
CategoryHealth Care
SponsorsSen. Mark S. Norris / Rep. Gerald McCormick
DescriptionAuthorizes a health care practitioner who is licensed to prescribe an opioid antagonist, acting in good faith, to provide an opioid antagonist prescription for a person at risk of experiencing an opiate-related overdose, or for a family member, friend, or a person who is in a position to assist a person at risk of experiencing an opiate-related overdose. Allows an individual who receives an opioid antagonist that was prescribed under this bill, to administer it to another person if they exercise reasonable care in administering the drug and in good faith believe that the other person is experiencing an opioid related overdose. Requires the commissioner of health to create and maintain an online education program with the goal of educating laypersons on the administration of opioid antagonists and the techniques for dealing with opiate-related drug-overdoses. Provides immunity from civil liability for the practitioner and the person administering the drug, unless there is a showing of gross negligence or willful misconduct, and gives the practitioner immunity from disciplinary or adverse administrative actions. (Part of Administration Package)
Fiscal Note
(Dated February 4, 2014) NOT SIGNIFICANT
Senate Status02/10/2014 - Senate passed.
House Status02/19/2014 - House Civil Justice Subcommittee deferred to 03/05/14.
CaptionAN ACT to amend Tennessee Code Annotated, Title 63, Chapter 1, Part 1, relative to health.
SB1865 / HB1884 Nursing homes - informal dispute resolution program.
CategoryHealth Care
SponsorsSen. Doug Overbey / Rep. Vance Dennis
DescriptionEstablishes an independent informal dispute resolution program (IIDR) for nursing homes. Requires the IIDR program contract with at least two independent contract organizations to conduct the IIDR process for nursing homes. Creates policies and procedures for notifying, requesting, and reviewing IIDR process. Requires the department to report on December 1st of each year to the general assembly.
Senate Status01/23/2014 - Referred to Senate Health & Welfare Committee.
House Status02/04/2014 - Referred to House Health Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 68, relative to nursing homes.
SB1867 / HB1805 Policies determining eligibility for long-term care services.
CategoryHealth Care
SponsorsSen. Doug Overbey / Rep. Tony Shipley
DescriptionSpecifies that policies implemented by the commissioner of health to expeditiously determine eligibility for long-term care services are not limited to presumptive or immediate medicaid eligibility determination, fast-track eligibility determination, and development of specialized units or teams for determining medicaid eligibility for HCBS and nursing facility services.
Fiscal Note
(Dated: February 7, 2014) NOT SIGNIFICANT
Senate Status01/23/2014 - Referred to Senate Health & Welfare Committee.
House Status02/11/2014 - House Health Subcommittee deferred to 03/04/14.
CaptionAN ACT to amend Tennessee Code Annotated, Title 71, relative to long term care programs.
SB1869 / HB2282 Recovery of unpaid penalties assessed against deficient nursing homes.
CategoryHealth Care
SponsorsSen. Doug Overbey / Rep. Mary Littleton
DescriptionAdds general session's court to the list of venues in addition to circuit or chancery court where the commissioner of health may bring a claim to recover or collect civil monetary penalties from nursing homes or individuals.
Senate Status01/23/2014 - Referred to Senate Health & Welfare Committee.
House Status02/05/2014 - Referred to House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 68, relative to nursing homes.
SB1871 / HB2174 Appeals process-ineligible for TennCare nursing facility services.
CategoryHealth Care
SponsorsSen. Doug Overbey / Rep. Barrett Rich
DescriptionEstablishes an appeals process for a resident who is involuntarily discharged from a TennCare nursing facility or for someone who is determined not financially or medically eligible for TennCare nursing facility services, and details how both appeal processes are to move forward.
Senate Status01/23/2014 - Referred to Senate Health & Welfare Committee.
House Status02/04/2014 - Referred to House Health Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 71, Chapter 5, Part 14, relative to appeals.
SB1873 / HB2175 Managed care organizations - payment to nursing facilities.
CategoryHealth Care
SponsorsSen. Doug Overbey / Rep. Barrett Rich
DescriptionRequires managed care organizations to comply with changes made by TennCare to a nursing facility's Medicaid per diem rate within 30 days of the date of the changes. Requires that all claims be paid based upon the rate that TennCare established for the date of service, regardless of the date the claim was submitted. Payments other than the daily rates must be paid by a managed care organization to a contracted nursing home no later than 60 days from the receipt of those funds by TennCare.
Senate Status01/23/2014 - Referred to Senate Health & Welfare Committee.
House Status02/04/2014 - Referred to House Health Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 68 and Title 71, relative to nursing home services.
SB1875 / HB1784 Extends moratorium-issuance of certificates of need.
CategoryHealth Care
SponsorsSen. Doug Overbey / Rep. Michael Harrison
DescriptionExtends the current moratorium on the issuance of certificates of need (CONs) for new nursing home and skilled nursing facility beds until June 30, 2015.
Fiscal Note
(Dated January 29, 2014) Forgone State Revenue - $222,500/FY14-15/Nursing Home Bed Tax State Expenditures – Cost Avoidance – $2,002,200/FY14-15 Federal Expenditures – Cost Avoidance – $3,801,300/FY14-15
Senate Status01/23/2014 - Referred to Senate Health & Welfare Committee.
House Status02/04/2014 - Referred to House Health Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Section 68-11-1609 and Section 68-11-1622, relative to extending the moratorium on issuing certificates of need for additional nursing home and skilled nursing facility beds by one year.
SB1908 / HB1950 Annual Coverage Assessment of 2014.
CategoryHealth Care
SponsorsSen. Doug Overbey / Rep. Michael Harrison
DescriptionEnacts the "Annual Coverage Assessment of 2014" to assess on each covered hospital an annual fee. The annual coverage assessment shall be four and fifty-two hundredths percent (4.52%) of a covered hospital's annual coverage assessment base.
Senate Status01/27/2014 - Referred to Senate Health & Welfare Committee.
House Status02/04/2014 - Referred to House Health Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 71, Chapter 5 and Chapter 250 of the Public Acts of 2013, relative to the annual coverage assessment.
SB2019 / HB1837 Health Care Compact.
CategoryHealth Care
SponsorsSen. Mae Beavers / Rep. Mark Pody
DescriptionEnacts the Health Care Compact which: (1) Specifies that each member state may suspend by legislation the operation of all federal laws, rules, regulations, and orders regarding health care that are inconsistent with the laws and regulations adopted by the member state pursuant to this compact. For any federal law, rule, regulation, or order that remains in effect in a member state, that member state will be responsible for the associated funding obligations in its state; (2) Specifies that each federal fiscal year, each member state will have the right to federal monies up to an amount equal to its member state current year funding level for that federal fiscal year, funded by congress as mandatory spending and not subject to annual appropriation, to support the exercise of member state authority under this compact. This funding will not be conditional on any action of or regulation, policy, law, or rule being adopted by the member state. By the start of each federal fiscal year, congress must establish an initial member state current year funding level for each member state, based upon reasonable estimates; (3) Requires member states to take joint and separate action to secure the consent of the United States Congress to this compact in order to return the authority to regulate health care to the member states consistent with the goals and principles articulated in this compact. Member states may amend the compact without prior approval from congress and such amendments will be effective unless, within one year, congress disapproves the amendment; and (4) Creates the interstate advisory health care commission, described below. Under this bill, the interstate advisory health care commission would consist of members appointed by each member state through a process to be determined by the laws of each member state. No state may appoint more than two members to the commission, and at any time a member state may withdraw its members from the commission. The commission may not act unless a majority of the members are present, and no action would be binding on the commission unless approved by a majority of the total number of members. The commission will meet at least once a year. The commission may study the issues of health care regulation of particular concern to the member states, such as the elimination of interstate barriers to the provision of health care. After consideration, the commission may make nonbinding recommendations to the member states. Additionally, the commission would collect information and data to assist the member states in their regulation of health care, including assessing the performance of various state health care programs and compiling information on the cost of health care. The commission would make this information and data available to the legislatures of the member states. Schedules the health care compact for sunrise review on June 30, 2016.
Senate Status01/27/2014 - Referred to Senate Government Operations Committee.
House Status02/04/2014 - Referred to House Insurance & Banking Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4; Title 33; Title 63; Title 68 and Title 71, relative to a health care compact.
SB2231 / HB2456 Health, Dept. of
CategoryHealth Care
SponsorsSen. Rusty Crowe / Rep. Jim Coley
DescriptionRequires, on or before January 1, 2015, the commissioner of health to develop a plan for a network of providers and health agreements, as appropriate, to facilitate individuals who are not eligible for medical assistance and who are otherwise lacking health insurance to utilize clinics associated with local health departments as the foundational provider of primary care before such individuals seek care at a hospital-based emergency room for nonemergent care, a hospital generally, or specialist care. Clinics must be available to provide primary care services in the county of the enrollee's residence or in the region governed by any joint district health department which contains that county. The plan must establish standards for access to such services offered by local health departments. Requires that public colleges of medicine or medical schools in each grand division to enter into agreements with local health departments within each school's grand division in order to provide additional resources and health care providers to the local health departments for providing enhanced services as needed. Subject to appropriations of funds, the department of health will provide grants and other financial assistance to local health departments for initiating or operating clinics that provide adult primary care service in order to expand the number of clinics that provide such services. Broadly captioned.
Senate Status01/29/2014 - Referred to Senate Health & Welfare Committee.
House Status02/12/2014 - Referred to House Health Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 49; Title 63; Title 68 and Title 71, relative to care for the uninsured.
SB2262 / HB1935 Requirements for procurement organizations - anatomical gifts.
CategoryHealth Care
SponsorsSen. Ken Yager / Rep. John Mark Windle
DescriptionAuthorizes a procurement organization to conduct any reasonable examination necessary to ensure the medical suitability of a part that is or could be the subject of an anatomical gift for transplantation, therapy, research or education from a donor or prospective donor. Requires the organization to contact the legal guardian or conservator of the individual and communicate the procedure under which the procurement of the individual's body and parts may occur.
Fiscal Note
(Dated February 10, 2014) NOT SIGNIFICANT
Senate Status01/29/2014 - Referred to Senate Health & Welfare Committee.
House Status02/11/2014 - House Health Subcommittee deferred to 02/25/14.
CaptionAN ACT to amend Tennessee Code Annotated, Title 68, Chapter 30, relative to anatomical gifts.
SB2427 / HB2303 Health Care Provider Stability Act.
CategoryHealth Care
SponsorsSen. Bo Watson / Rep. Jon Lundberg
DescriptionEnacts the "Health Care Provider Stability Act." Provides that a third party may not effect material change to a contract under which a health care provider is paid for providing items or services during either the first year of the contract or the initial term of the contract, whichever is longer. States that after the initial term or first year of the contract in which a health care provider is paid, the third-party payer may only effect a material change on the renewal date of the contract or the anniversary if the effective date of the contract, whichever is longer. Establishes a civil penalty of not less than $100 or more than $1,000 for each violation.
Senate Status02/05/2014 - Referred to Senate Commerce & Labor Committee.
House Status02/12/2014 - Referred to House Insurance & Banking Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 56, Chapter 7, relative to the predictability of payments by third-party payers.
SJR541 General assembly support of patient-centered palliative care.
CategoryHealth Care
SponsorsSen. Rusty Crowe
DescriptionStates that the general assembly recognizes the importance of coordinated palliative care, both as a patient quality of life issue and as a way to more effectively spend limited healthcare dollars, and encourages health professionals, patients, public and private payers, and state health officials, including, but not limited to, members of the Tennessee General Assembly, the Tennessee Department of Health and the Tennessee Cancer Coalition, to convene for discussions to develop solutions, tools, and model best practices for providing better patient-centered care to individuals with chronic disease in Tennessee.
Senate Status01/29/2014 - Referred to Senate Health & Welfare Committee.
House StatusNone

Insurance Automobiles - 4

SB709 / HB568 Proof of financial responsibility by electronic certificate.
CategoryInsurance Automobiles
SponsorsSen. Mark S. Norris / Rep. Debra Moody
DescriptionAllows proof of financial responsibility to be demonstrated by an electronic certificate of a qualified insurance policy filed with the commissioner of commerce and insurance.
Fiscal Note
(Dated: February 5 2013) Not Significant.
Senate Status02/08/2013 - Referred to Senate Transportation & Safety Committee.
House Status02/06/2013 - Referred to House Insurance & Banking Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 55, Chapter 12, Part 1, relative to the Tennessee Financial Responsibility Law of 1977.
SB1012 / HB996 Proof of financial responsibility using a mobile electronic device.
CategoryInsurance Automobiles
SponsorsSen. Mike Bell / Rep. Kevin Brooks
DescriptionAllows an insured to provide proof of financial responsibility by using a mobile electronic device. Clarifies that an insurer is not required to provide the verification of coverage in an electronic format in real time. Specifies that a peace officer can only view the evidence of financial responsibility on the mobile electronic device and is prohibited from viewing any other content on the device.
Fiscal Note
(Dated: February 12 2013) Not Significant.
Senate Status02/08/2013 - Referred to Senate Commerce & Labor Committee.
House Status02/13/2013 - Referred to House General Subcommittee of Transportation.
CaptionAN ACT to amend Tennessee Code Annotated, Title 55 and Title 56, relative to financial responsibility.
SB2116 / HB2245 Combining payments from more than one policy to provide full coverage.
CategoryInsurance Automobiles
SponsorsSen. Todd Gardenhire / Rep. Andrew Farmer
DescriptionAllows a policy holder who has been issued uninsured motorist coverage to combine payments from more than one policy, or more than one vehicle, to provide full coverage for the insured's loss. Prohibits the amount of coverage available from being reduced by a setoff from any other coverage.
Senate Status01/29/2014 - Referred to Senate Commerce & Labor Committee.
House Status02/05/2014 - Referred to House Insurance & Banking Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 56, Chapter 7, Part 12, relative to uninsured motor vehicle coverage.
SB2414 / HB2280 Unfair claims practices by insurers of automobile glass coverage.
CategoryInsurance Automobiles
SponsorsSen. Frank Niceley / Rep. Brenda Gilmore
DescriptionProhibits the insurer providing glass coverage and the third party administrator that administers glass coverage for that insurer from requiring that repairs be made to the insured's automobile by a particular provider of glass repair services. Requires an insurer or third party administrator to ascertain whether an insured has a provider of choice, immediately after verification of coverage and evaluation of the damage. Specifies certain requirements for the insurer or third party administrator in instances when an insured requests to have covered glass repair services performed by a provider who is not a member of the insurer's or third party administrator's glass repair services program or preferred provider list. Requires the owner, lessee, or insured driver of the automobile, or the designee to be party to the filing of a glass repair services claim. Prohibits the provider from serving as the designee for the insured. Specifies that an insurer, agent, or third party administrator may only provide information about a claim to a provider after the insured has selected that provider to provide glass repair services. Specifies that a violation of this section constitutes unfair trade practices and unfair claims practices by insurers of automobile glass coverage. Defines certain practices as unfair, deceptive or fraudulent practices by persons engaged in automobile glass repairs and replacements.
Senate Status02/05/2014 - Referred to Senate Commerce & Labor Committee.
House Status02/05/2014 - Referred to House Insurance & Banking Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 55 and Title 56, relative to automobile glass repair.

Insurance General - 6

SB1277 / HB1330 Preferences based upon membership, nonmembership, or employment.
CategoryInsurance General
SponsorsSen. Mark S. Norris / Rep. John J. Deberry Jr.
DescriptionAllows insurance companies to offer preferences or distinctions in property, marine, casualty, or surety insurance as to form or policy, certificate, premium, rate, benefits, or conditions of insurance, based upon membership, nonmembership, or employment of any person or persons by or in any particular group, association, corporation, or organization.
Senate Status02/15/2013 - Withdrawn in Senate.
House Status02/27/2013 - Referred to House Insurance & Banking Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 56, Chapter 8, Part 1, relative to insurance.
SB1278 / HB1240 Insurer may offer policies based on membership in certain groups.
CategoryInsurance General
SponsorsSen. Mark S. Norris / Rep. Richard Floyd
DescriptionAllows an insurer to make, offer to make, or permit a preference or distinction in property, marine casualty or surety insurance as to form or policy, certificate, premium, rate, benefits or conditions of insurance, based upon membership in an association or affinity group that is actuarially justified and not excessive, inadequate or unfairly discriminatory. Allows the commissioner to make examination of any insurer to determine compliance.
Fiscal Note
(Dated: March 14 2013) Not Significant.
Senate Status03/19/2013 - Taken off notice in Senate Commerce & Labor Committee.
House Status02/27/2013 - Referred to House Insurance & Banking Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Section 56-5-315 and Title 56, Chapter 8, relative to unfair trade practices in the business of insurance.
SB1617 / HB1413 Makes changes to the Insurance Holding Company Act of 1986.
CategoryInsurance General
SponsorsSen. Mark S. Norris / Rep. Gerald McCormick
DescriptionAlters various provisions regarding the Insurance Holding Company Act of 1986. Broadly captioned. (48 pp.) (Part of Administration Package)
AmendmentHouse Insurance & Banking Committee amendment 1 (012766) makes technical corrections.
Fiscal Note
(Dated February 5, 2014) NOT SIGNIFICANT HB 1413 - SB 1617
Senate Status02/18/2014 - Senate Commerce & Labor Committee recommended with amendment. Sent to Senate Calendar Committee.
House Status02/20/2014 - Referred to House Government Operations Committee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 56, relative to insurance.
SB1618 / HB1414 Makes changes to the Risk-Based Capital for Insurers Act.
CategoryInsurance General
SponsorsSen. Mark S. Norris / Rep. Gerald McCormick
DescriptionChanges one of the criteria for the method of calculation which indicates the existence of a company level event. Under present law, a company level event exists if a life and/or health insurer has total adjusted capital that is greater than or equal to its company action level RBC but less than the product of its authorized control level RBC and 2.5 and has a negative trend. This bill will instead require that a company level event exists if a life and/or health insurer has total adjusted capital that is greater than or equal to its company action level RBC but less than the product of its authorized control level RBC and 3.0 and has a negative trend. Present law classifies as confidential information contained in RBC reports and RBC plans that is not otherwise required to be published in a publicly available annual statement, and any corrective order that is filed with the commissioner. This bill instead specifies that any such information is confidential when in the possession of the department. The commissioner will continue to be authorized to use such confidential information in enforcement actions. Prohibits the commissioner and persons who receive RBC-related documents on the commissioner's behalf from testifying as to any confidential information contained in RBC-related documents. Specifies that the commissioner may share and receive confidential RBC-related documents with regulatory and law enforcement entities, and with the National Association of Insurance Commissioners so long as confidentiality of the information contained in the documents is maintained. Implements an RBC reporting system for health organizations that is substantially similar to the system that exists for insurance companies under present law. Prohibits any risk retention group from reinsuring its risks in another risk retention group unless all of the members of the ceding risk retention group are eligible for membership in the assuming risk retention group. Makes other changes and additions to present law concerning risk-based capital and risk retention group. (23 pp.) (Part of Administration Package)
AmendmentHouse Insurance & Banking Committee amendment 1 (012762) provides certain technical changes and changes the negative trend from 2.5 to 3.0. Senate Commerce and Labor Committee amendment 1.
Fiscal Note
(Dated February 10, 2014) NOT SIGNIFICANT
Senate Status02/18/2014 - Senate Commerce & Labor Committee recommended with amendment. Sent to Senate Calendar Committee.
House Status02/20/2014 - Set for House Floor on 02/24/14.
CaptionAN ACT to amend Tennessee Code Annotated, Title 56, relative to insurance.
SB2125 / HB1714 Prohibition on political funding by insurance companies.
CategoryInsurance General
SponsorsSen. Jack Johnson / Rep. Pat Marsh
DescriptionRemoves the statutory prohibition on political funding by insurance companies and associations doing business in this state.
Senate Status01/29/2014 - Referred to Senate State & Local Government Committee.
House Status01/29/2014 - Referred to House Insurance & Banking Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 56, Chapter 3, relative to political funding by insurance companies.
SB2516 / HB2427 Unclaimed Life Insurance Benefits Act.
CategoryInsurance General
SponsorsSen. Bill Ketron / Rep. Charles M. Sargent
DescriptionEnacts the Unclaimed Life Insurance Benefits Act. Requires insurers, to the extent that their records are available electronically, to perform a comparison of their in-force policies, annuities, and account owners against a death master file semi-annually to identify potential death file matches; to the extent these records are not available electronically insurers are required to use the records most easily accessible to them. Requires an insurer who learns of a possible death of a person to put forth a good faith effort within 90 days to confirm the death of that person, determine if the deceased person purchased any other products with the insurer, determine whether benefits may be due, and provide the appropriate forms or instructions to the beneficiary to make a claim and give notice to the beneficiary on the necessary actions for a valid claim. Requires the benefits from a life insurance policy, annuity or a retained asset account, plus any accrued interest to first be payable to designated beneficiaries or account holders, but if they cannot be found the benefits must escheat to the state as unclaimed property. Provides that a pattern of failing to meet the requirements of this bill may constitute an unfair claims settlement practice. Allows insurers to report and send the proceeds of an unclaimed policy, annuity, or retained asset account to the appropriate state where the insurer has identified a person as deceased through the death match file, validated the information through a secondary information source, conducted a reasonable search for the beneficiary within 90 days after validation of the death match file, and determined that no beneficiary can be located within one year of the conclusion of the search.
Fiscal Note
(Dated February 17, 2014) NOT SIGNIFICANT
Senate Status02/18/2014 - Senate Commerce & Labor Committee deferred to 03/04/14.
House Status02/12/2014 - Referred to House Insurance & Banking Subcommittee.
CaptionInsurance Companies, Agents, Brokers, Policies - As introduced, enacts the "Unclaimed Life Insurance Benefits Act."

Insurance Health - 10

SB666 / HB476 Insurance companies - prohibited actions.
CategoryInsurance Health
SponsorsSen. Dolores R. Gresham / Rep. Vance Dennis
DescriptionProhibits insurance companies from selling or offering health insurance coverage through any American Health Benefit Exchange or any other health insurance exchange operated in this state under the Patient Protection and Affordable Care Act.
AmendmentHOUSE INSURANCE & BANKING SUBCOMMITTEE AMENDMENT 1 (004037) replaces "insurance company" with "entity" in Section 1. SENATE COMMERCE & LABOR COMMITTEE AMENDMENT 1 (005795) rewrites the bill to state that no individual or entity, whether unlicensed, licensed by this state, licensed by any other state, or licensed by the federal government, shall offer, sale, solicit or negotiate any health insurance product to the citizens of this state on any state, federal, or federally facilitated exchange authorized by the Patient Protection and Affordable Care Act. Includes a severability clause.
Fiscal Note
(Dated: March 1 2013) Not Significant.
Senate Status03/27/2013 - Failed in Senate Commerce & Labor Committee, 1 aye, 2 noes, 4 passes, after adopting amendment 1.
House Status01/21/2014 - House Insurance & Banking Committee deferred to the last calendar.
CaptionAN ACT to amend Tennessee Code Annotated, Title 56, Chapter 7, Part 10, relative to insurers offering health insurance in certain exchanges.
SB1096 / HB296 F&A to administer group insurance for state officials.
CategoryInsurance Health
SponsorsSen. James F. Kyle Jr. / Rep. Craig Fitzhugh
DescriptionAssigns to the department of finance and administration the state employee staff responsible for the administration of the group insurance coverage for public officers and employees. Requires grant payments under the grant assistance program for nursing home care be made to the individual monthly or quarterly, instead of monthly, and forwarded to such person at the place of such individual's residence.
Fiscal Note
(Dated: March 11 2013) Not Significant.
Senate Status04/17/2013 - Senate Finance, Ways & Means Committee did not take action.
House Status04/16/2013 - Taken off notice in House Finance Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 3; Title 4; Title 5; Title 6; Title 7; Title 8; Title 9; Title 11; Title 12; Title 13; Title 16; Title 33; Title 36; Title 37; Title 38; Title 39; Title 40; Title 41; Title 42; Title 43; Title 44; Title 45; Title 47; Title 48; Title 49; Title 50; Title 54; Title 55; Title 56; Title 57; Title 58; Title 59; Title 60; Title 61; Title 62; Title 63; Title 65; Title 66; Title 67; Title 68; Title 70 and Title 71, relative to statutory revisions required for implementation of the annual appropriations act.
SB1680 Prevents implementation of Patient Protection & Affordable Care Act.
CategoryInsurance Health
SponsorsSen. Mae Beavers
DescriptionProhibits any state entity or political subdivision from implementing the federal Patient Protection and Affordable Care Act of 2010. Authorizes the attorney general to enforce the provisions of this act. Prohibits Tennessee from implementing a health care exchange. Voids any health insurance contract purchased in violation of this act.
Senate Status01/22/2014 - Withdrawn in Senate.
House StatusNone
CaptionAN ACT to enact "The Health Care Freedom and Affordable Care Act Noncompliance Act".
SB1888 / HB1770 The Health Care Freedom and Affordable Care Noncompliance Act.
CategoryInsurance Health
SponsorsSen. Mae Beavers / Rep. Mark Pody
DescriptionProhibits any state entity from implementing or administering, or assisting in the implementation or administration of, any portion of the federal "Patient Protection and Affordable Care Act."
Fiscal Note
(Dated February 3, 2014) Other Fiscal Impact – If the federal government makes a determination that the state is noncompliant with federal law, there could be a number of fiscal implications. Due to a number of unknown factors, including the federal government’s determination and when any penalties or fund revocations would occur, the exact fiscal impact cannot be determined. Federal funds in the amount of $6,511,750,000 could be jeopardized. The state could incur penalties of $32,869,785,000. The state could reduce fee expenditures ranging from $9,322,540 in calendar year 2014 to $300,000 in calendar year 2019. Local governments could incur penalties of $28,072,642,500. The federal government could ask for reimbursement of approximately $10,277,300 for funds already received by the state related to PPACA provisions.
Senate Status02/18/2014 - Senate Commerce & Labor Committee deferred to 03/04/14.
House Status02/19/2014 - House Insurance & Banking Subcommittee deferred to 03/05/14.
CaptionAN ACT to enact "The Health Care Freedom and Affordable Care Noncompliance Act".
SB1991 / HB1554 Regulation of maximum allowable cost lists.
CategoryInsurance Health
SponsorsSen. Doug Overbey / Rep. David Shepard
DescriptionRequires pharmacy benefits manager or covered entity, before placing a drug on a maximum allowable cost list, to determine if there are at least three generically equivalent versions of that drug available for purchase by all pharmacies in the state from national or regional wholesalers and to determine that the drug is not obsolete, temporarily unavailable, or listed on a drug shortage list. Requires a drug that no longer meets these requirements to be removed from the maximum allowable cost list within three business days after the pharmacy benefits manager or covered entity becomes aware. Requires a pharmacy benefits manager or covered entity to provide each pharmacy under contract the methodology and sources used to determine the maximum allowable costs for the multi-source generic drug and medical products and devices on the list. Also requires the pharmacy benefits manager or covered entity to provide each pharmacy with every maximum allowable cost list used by that pharmacy benefits manager or covered entity for that contracted pharmacy. Requires pharmacy benefits manager or covered entity to update each maximum allowable cost list on its website. Prohibits the pharmacy benefits manager or covered entity from including the pharmacist's dispensing fee or any other professional fee in calculating the maximum allowable cost. Requires a pharmacy benefits manager or covered entity to establish a clearly defined process through which a pharmacy may contest the listed maximum allowable cost for a particular drug or medical product or device. Specifies appeal process for pharmacy.
Senate Status01/27/2014 - Referred to Senate Commerce & Labor Committee.
House Status01/29/2014 - Referred to House Insurance & Banking Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 56, Chapter 7, Part 31, relative to pharmacy benefits managers and covered entities.
SB2050 / HB1895 Telehealth insurance coverage.
CategoryInsurance Health
SponsorsSen. Doug Overbey / Rep. Kelly Keisling
DescriptionRequires that a health insurance carrier provide coverage under a health insurance policy for healthcare services delivered through telehealth. Establishes that "telehealth" does not include an audio-only conversation between a licensed healthcare provider and a patient; an electronic mail message between a licensed healthcare provider and a patient; or a facsimile transmission between a licensed healthcare provider and a patient.
Senate Status01/29/2014 - Referred to Senate Commerce & Labor Committee.
House Status02/04/2014 - Referred to House Insurance & Banking Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 56; Title 63 and Title 71, relative to telehealth.
SB2172 / HB1968 More time to request hearing after receipt of cease and desist order.
CategoryInsurance Health
SponsorsSen. Mike Bell / Rep. Kelly Keisling
DescriptionIncreases the time for a respondent to request a hearing after receiving a cease and desist order from 15 to 20 days for purposes of requiring timely reimbursement of health insurance claims.
Senate Status01/29/2014 - Referred to Senate Commerce & Labor Committee.
House Status02/04/2014 - Referred to House Insurance & Banking Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 56, relative to health care.
SB2209 Coverage of HIV and sexually transmitted disease testing.
CategoryInsurance Health
SponsorsSen. Ophelia Ford
DescriptionRequires a contract or policy of an insurer that provides benefits for an annual physical to provide benefits and coverage for testing for any sexually transmitted disease. Requires the board of medical examiners and the board of osteopathic examination to promulgate rules concerning such testing.
Senate Status01/29/2014 - Referred to Senate Commerce & Labor Committee.
House StatusNone
CaptionAN ACT to amend Tennessee Code Annotated, Title 56; Title 63 and Title 68, relative to testing for human immunodeficiency virus and other sexually transmitted diseases.
SB2234 / HB1886 Prohibited payments - health insurance issuer.
CategoryInsurance Health
SponsorsSen. Jim Tracy / Rep. Vance Dennis
DescriptionProhibits a health insurance issuer licensed in this state from accepting payment related to risk corridors pursuant to § 1342 of the Patient Protection and Affordable Care Act for any policy issued or renewed after December 31, 2014.
Fiscal Note
(Dated February 14, 2014) NOT SIGNIFICANT
Senate Status01/29/2014 - Referred to Senate Commerce & Labor Committee.
House Status02/19/2014 - House Insurance & Banking Subcommittee deferred to 02/26/14.
CaptionAN ACT to amend Tennessee Code Annotated, Title 56, relative to risk corridors under federal health reform.
SB2475 / HB2429 State board of claims notification of member's disability claim.
CategoryInsurance Health
SponsorsSen. Mark Green / Rep. William G. Lamberth
DescriptionRequires the state board of claims to notify a member of the TBI immediately after taking action on the member's disability claim.
Senate Status02/10/2014 - Referred to Senate Judiciary Committee.
House Status02/12/2014 - Referred to House State Government Subcommittee.
CaptionTennessee Bureau of Investigation - As introduced, requires the state board of claims to notify a member of the TBI immediately after taking action on the member's disability claim.

Judiciary - 76

SB13 / HB1057 Subpoena for deposition of a witness.
CategoryJudiciary
SponsorsSen. Brian K. Kelsey / Rep. Jeremy Durham
DescriptionClarifies that a subpoena for deposition of a witness, which is for discovery purposes only, cannot be used at trial except to impeach a witness.
Fiscal Note
(Dated: January 31 2013) Not Significant.
Senate Status01/23/2013 - Referred to Senate Judiciary.
House Status03/26/2013 - Taken off notice in House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 20 and Title 24, relative to depositions.
SB201 / HB195 County reimbursement - general sessions judge appointments.
CategoryJudiciary
SponsorsSen. Mark S. Norris / Rep. Gerald McCormick
DescriptionRequires a municipality to reimburse a county an amount equal to the compensation of the municipality's city judges when any judge of a court of general sessions is appointed to serve as municipal or city judge. (Part of Administration Package)
Fiscal Note
(Dated: February 27 2013) Not Significant.
Senate Status01/31/2013 - Referred to Senate Judiciary.
House Status03/26/2013 - Taken off notice in House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4; Title 16 and Title 17, relative to judges.
SB214 / HB363 Background investigations for judicial appointment.
CategoryJudiciary
SponsorsSen. Doug Overbey / Rep. Andrew Farmer
DescriptionRequires the governor to direct the Tennessee bureau of investigation or other appropriate agencies to perform appropriate financial and criminal background investigations and inquiries of prospective judicial appointments prior to making an appointment. Background investigations and inquiries shall be completed within ninety days of receiving the commission's panel or panels of nominees.
Fiscal Note
(Dated: February 15 2013) Not Significant.
Senate Status04/09/2013 - Taken off notice in Senate Judiciary Committee.
House Status03/28/2013 - Held on House clerk's desk.
CaptionAN ACT to amend Tennessee Code Annotated, Title 2; Title 4; Title 16 and Title 17, relative to appellate court judges.
SB215 / HB364 Extends the judicial nominating commission to 2015.
CategoryJudiciary
SponsorsSen. Doug Overbey / Rep. Andrew Farmer
DescriptionExtends the judicial nominating commission.
AmendmentSenate Government Operations Committee amendment 1 (006861) makes technical corrections.
Fiscal Note
(Dated: February 10 2013) Not Significant.
Senate Status04/19/2013 - Re-referred to Senate Calendar Committee.
House Status02/21/2013 - Referred to House Government Operations.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4, Chapter 29 and Title 17, Chapter 4, relative to the judicial nominating commission.
SB216 / HB695 Extends the judicial performance evaluation commission.
CategoryJudiciary
SponsorsSen. Doug Overbey / Rep. Andrew Farmer
DescriptionExtends the judicial performance evaluation commission.
AmendmentSENATE AMENDMENT 1 (006742) rewrites the bill. Creates a new judicial performance evaluation commission composed of nine members. Creates appointment procedures for the nine member commission. Replaces the language "beginning July 1, 2009" with "beginning July 1, 2013". SENATE AMENDMENT 2 (006780) deletes and rewrites Section 4 of bill. Adds the language "Judicial performance evaluation commission, created by Section 17-4-201" in a new subdivision to Section 4-29-235(a).
Fiscal Note
(Dated: February 10 2013) Not Significant.
Senate Status04/19/2013 - Senate refused to recede from its actions in adopting Senate amendments 1 and 2.
House Status04/19/2013 - House appoints conference committee consisting of Rep. Farmer (R), Rep. Lundberg (R), and Rep. Stewart (D).
CaptionAN ACT to amend Tennessee Code Annotated, Title 4, Chapter 29 and Title 17, Chapter 4, relative to the judicial performance evaluation commission.
SB225 / HB279 Board of Judicial Conduct - district attorney complaints.
CategoryJudiciary
SponsorsSen. Mae Beavers / Rep. Rick Womick
DescriptionRequires misconduct by a district attorney general before the grand jury to be subject to the jurisdiction of the Board of Judicial Conduct, instead of the Board of Professional Responsibility. Allows the Board of Judicial Conduct to discipline district attorney generals the same as judges. Requires the chair of the board to report certain district attorney reprimand information to the speaker of the senate and speaker of the house of representatives and requires this report to be public information.
Fiscal Note
(Dated: March 4 2013) Increase State Expenditures - Exceeds $5,000.
Senate Status03/12/2013 - Senate Judiciary Committee deferred to 03/19/13.
House Status03/27/2013 - Taken off notice in House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 8; Title 17 and Title 23, relative to district attorneys general.
SB276 / HB1109 Restoration of citizenship.
CategoryJudiciary
SponsorsSen. Brian K. Kelsey / Rep. Karen D. Camper
DescriptionAllows any person seeking to have their rights of citizenship restored to petition the court for a certificate of employment restoration. Allows the court to issue a certificate of employment restoration if the court finds that granting the petition will materially assist the person in obtaining employment or occupational licensing, granting the petition would not pose an unreasonable risk to the safety of the public or any individual, and the person has a substantial need for the relief requested in order to live a law-abiding life. Allows a person to file another petition after one year if the court denies the initial petition. Prohibits any licensing entity from precluding a person from receiving or renewing an application for a license or certificate based solely on the person's past record of criminal activity if that person presents a valid certificate of employment restoration.
Fiscal Note
(Dated: March 4 2013) Not Significant.
Senate Status02/18/2014 - Senate Judiciary Committee deferred to 02/25/14.
House Status03/26/2013 - House Criminal Justice Subcommittee deferred 01/01/14.
CaptionAN ACT to amend Tennessee Code Annotated, Title 40, Chapter 29, relative to the restoration of citizenship.
SB406 / HB280 Requires election of judges.
CategoryJudiciary
SponsorsSen. Mae Beavers / Rep. Rick Womick
DescriptionRequires election of all judges, with supreme court judges being elected to one of five specified grand divisions of the state. Requires supreme court judges to have been a resident of the state for five years and a resident of the corresponding grand division for one year. Sets terms for all judges at eight years. Provides process for judicial vacancies.
Fiscal Note
(Dated: March 20 2013) Decrease State Expenditures - $32,800/Judicial Performance Evaluation Commission - $35,800/Judicial Nominating Commission.
Senate Status04/09/2013 - Taken off notice in Senate Judiciary Committee.
House Status02/05/2013 - Referred to House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 17, relative to judges and chancellors.
SB443 / HB206 Changes regarding court reporting entities.
CategoryJudiciary
SponsorsSen. Doug Overbey / Rep. Eric Watson
DescriptionProhibits certain depositions recorded by a court reporting entity when the entity has a contractual relationship with one of the parties; is a party in the action; is a relative, employee, or attorney of one of the parties; or has a financial interest in the action. Prevents this prohibition from being waived in any way. Requires court reporting entity to make reasonable efforts to determine if any violation is occurring. Prohibits court reporting entity from entering into certain contracts for court reporting. Makes penalties for violating portions of this section Class C Misdemeanors, financial penalties, disciplinary hearings. Voids any depositions that were acquired in violation of this section. Requires certain itemized statements to be provided for court reporting services.
Fiscal Note
(Dated: February 14 2013) Not Significant.
Senate Status02/19/2013 - Senate Judiciary recommended. Sent to Calendar Committee.
House Status02/05/2014 - Taken off notice in House Civil Justice Committee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 20, Chapter 9, Part 6 and Title 24, Chapter 9, Part 1, relative to court reporters.
SB445 / HB46 Compensation for general session judges.
CategoryJudiciary
SponsorsSen. Doug Overbey / Rep. Ron Travis
DescriptionChanges the date from "September 1" to "October 1" in determining compensation for general session judges.
Fiscal Note
(Dated: January 23 2013) Not Significant.
Senate Status02/05/2013 - Referred to Senate Judiciary.
House Status02/05/2013 - Referred to House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 16, Chapter 15, relative to courts of general sessions.
SB478 / HB632 Two additional trial court judges - nineteenth judicial district.
CategoryJudiciary
SponsorsSen. Mark Green / Rep. Joshua G. Evans
DescriptionRequires the voters of the nineteenth judicial district to elect two additional trial court judges in 2014. Broadly captioned.
Fiscal Note
(Dated: March 4 2013) Increase State Expenditures - $451,300/FY14-15 - $518,000/FY15-16 and Subsequent Years.
Senate Status02/18/2014 - Senate Judiciary Committee deferred to 03/18/14.
House Status02/12/2014 - House Civil Justice Committee recommended. Sent to House Finance.
CaptionAN ACT to amend Tennessee Code Annotated, Title 2, Chapter 16; Title 3, Chapter 1 and Title 16, Chapter 2, relative to judges.
SB569 / HB1072 State Litigator Act of 2013.
CategoryJudiciary
SponsorsSen. Stacey Campfield / Rep. Barrett Rich
DescriptionCreates the State Litigator Act of 2013. Requires the solicitor general, instead of the attorney general and reporter, to defend legislation of statewide applicability. Requires the solicitor general to be appointed by a joint vote of the general assembly for a term of four years. Details other duties of the solicitor general.
Fiscal Note
(Dated: March 4 2013) Increase State Expenditures - $119,500/FY13-14 - $215,000/FY14-15 and Subsequent Years.
Senate Status02/05/2013 - Referred to Senate Government Operations.
House Status03/13/2013 - Failed in House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 8, relative to the office of solicitor general.
SB598 / HB275 Removes limitation on strip searches of arrested persons.
CategoryJudiciary
SponsorsSen. Jack Johnson / Rep. Glen Casada
DescriptionRemoves limitations of strip searches for traffic, regulatory or misdemeanor offenses, except in cases involving weapons or drugs and allows arrested individuals to be strip searched regardless of the offense. Requires searches to be in accordance with search or intake procedures.
Fiscal Note
(Dated: February 10 2013) Not Significant.
Senate Status02/08/2013 - Referred to Senate Judiciary.
House Status02/18/2014 - Taken off notice in House Criminal Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 40, Chapter 7, Part 1, relative to strip searches.
SB680 / HB931 Additional public defenders.
CategoryJudiciary
SponsorsSen. Mae Beavers / Rep. Karen D. Camper
DescriptionCreates 31 additional district public defender positions. Requires the executive director of the District Public Defenders Conference to file a report, by October 1, 2013, recommending the specific districts in which the additional positions should be designated.
AmendmentSenate Judiciary Committee amendment 1, House Civil Justice Committee amendment 1 (006234) deletes all language after the enacting clause. Creates six additional PD positions. The DPDC shall prepare a report noting the number of judgeships with criminal jurisdiction created since 2007 to the effective date of the proposed legislation. One PD shall be recommended to each judicial district in which a new judgeship with criminal jurisdiction was created during the applicable period. The DPDC is authorized to employ the six additional PDs upon filing the report with the speakers of the Senate and House of Representatives as well as the chairmen of the Senate Judiciary Committee and the Criminal Justice Committee of the House of Representatives. The report must be filed by October 1, 2013. Directs the General Assembly to enact legislation during the second session of the 108th General Assembly to designate the additional positions to the appropriate judicial districts.
Fiscal Note
(Dated: March 18 2013) Increase State Expenditures -
Senate Status04/17/2013 - Senate Finance, Ways & Means Committee did not take action.
House Status04/18/2013 - Taken off notice in House Finance Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 8, Chapter 14, Part 2, relative to relative to assistant public defender positions.
SB779 / HB635 Attorney discipline - ex parte and confidential communications.
CategoryJudiciary
SponsorsSen. Brian K. Kelsey / Rep. Jon Lundberg
DescriptionCreates a Class A misdemeanor for any person appointed by the supreme court to serve on a board or committee regarding certain attorney discipline investigations to knowingly disclose certain confidential information or engage in ex parte communications with any Justice whose duty it is to review the recommended punishment or trial level judge whose duty it is to hear an appeal from the hearing panel.
AmendmentHouse Civil Justice Subcommittee amendment 1 (004407) broadens the offenses to also prohibit the person subject to disciplinary action and such person's legal counsel from knowingly engaging in ex parte communications or releasing material to the media. Reduces offenses to Class C misdemeanors.
Fiscal Note
(Dated: February 23 2013) Not Significant.
Senate Status04/09/2013 - Taken off notice in Senate Judiciary Committee.
House Status04/03/2013 - House Civil Justice Committee deferred to summer study.
CaptionAN ACT to amend Tennessee Code Annotated, Title 39, Chapter 16, Part 4, relative to misconduct in the disciplining of attorneys.
SB780 / HB636 Reassessment of state's judicial districts every 10 years.
CategoryJudiciary
SponsorsSen. Mark S. Norris / Rep. Jon Lundberg
DescriptionRequires reassessment of state's judicial districts. Beginning July 1, 2013, the state's judicial districts shall be reassessed at least once every ten (10) years by the administrative office of the courts. The findings of such reassessment and any suggested changes in the judicial districts or allocation of judges shall be reported to the judiciary committee of the senate and the civil justice committee of the house of representatives by December 1 of that year. Broadly captioned.
AmendmentSenate amendment 1 (004540) rewrites the bill. Reduces the number of judicial districts from 31 to 29. Adds Cannon, Van Buren, and Warren to the fourteenth judicial district and eliminates Cannon from the sixteenth judicial district. Removes Hickman, Lewis, and Perry from the twenty-first judicial district. Adds Lewis and Perry to the twenty-second judicial district. Adds Hickman to the twenty-third judicial district. Adds Dyer and Lake to the twenty-seventh judicial district and eliminates the current twenty-ninth district, composed of Dyer and Lake. Designates the current thirtieth district as the twenty-ninth district. Eliminates the thirty-first judicial district, currently consisting of Van Buren and Warren.
Fiscal Note
(Dated: March 12 2013) Other Fiscal Impact - According to the AOC, each reassessment will require approximately $50,000 in expenditures to contract with consultants.
Senate Status04/16/2013 - Senate passed with amendment 1.
House Status01/14/2014 - Withdrawn in House.
CaptionAN ACT to amend Tennessee Code Annotated, Title 8, Chapter 14; Title 8, Chapter 7; Title 16; Title 17; Title 18, Chapter 4 and Title 18, Chapter 5, relative to judicial districts.
SB825 / HB380 Recompose judicial districts every 24 years.
CategoryJudiciary
SponsorsSen. Janice Bowling / Rep. Judd Matheny
DescriptionRequires the general assembly to reassess and recompose the state's judicial districts at least once every twenty-four years.
Fiscal Note
(Dated: March 12 2013) Not Significant.
Senate Status04/09/2013 - Taken off notice in Senate Judiciary Committee.
House Status03/27/2013 - House Civil Justice Subcommittee deferred to the first calendar of 2014.
CaptionAN ACT to amend Tennessee Code Annotated, Title 8; Title 16; Title 17 and Title 18, relative to judicial districts.
SB868 / HB66 Increases statute of limitations for injuries to person.
CategoryJudiciary
SponsorsSen. Rusty Crowe / Rep. Kent Williams
DescriptionIncreases the statute of limitations for actions involving injuries to the person from one year to two years after the cause of action accrued.
Fiscal Note
(Dated: March 6 2013) Not Significant.
Senate Status02/08/2013 - Referred to Senate Judiciary.
House Status02/05/2013 - Referred to House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Section 28-3-104, relative to certain limitation of actions.
SB899 / HB714 Clothing requirements for bounty hunters.
CategoryJudiciary
SponsorsSen. Stacey Campfield / Rep. Steve Hall
DescriptionProhibits bounty hunters from wearing any uniform, emblem, or article of clothing that purports to indicate that such bounty hunter is an agent of the state or federal government. Establishes if a bounty hunter elects to wear a uniform, the clothing shall identify the bounty hunter as a "bail enforcement agent" and not as a law enforcement officer.
Fiscal Note
(Dated: March 18 2013) Not Significant.
Senate Status04/09/2013 - Taken off notice in Senate Judiciary Committee.
House Status03/26/2013 - Failed in House State Government Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Section 40-11-318, relative to bounty hunters.
SB903 / HB707 Payment for evaluation of defendants incompetent to stand trial.
CategoryJudiciary
SponsorsSen. Ken Yager / Rep. Ron Travis
DescriptionDeletes current law requiring counties to pay the cost of evaluation and treatment of criminal defendants believed incompetent to stand trial or with other questions of mental capacity.
Fiscal Note
(Dated: March 8 2013) Decrease State Revenue - Exceeds $1,217,100 - Increase State Expenditures - Exceeds $1,481,300 - Decrease Local Expenditures - Exceeds $1,481,300.
Senate Status02/08/2013 - Referred to Senate Judiciary.
House Status03/26/2013 - Taken off notice in House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Section 33-7-304, relative to evaluation and treatment of defendants.
SB965 / HB540 Local governments lawsuit process - establishment clause violations.
CategoryJudiciary
SponsorsSen. Randy McNally / Rep. Jimmy Matlock
DescriptionRequires a claimant provide at least 60 days written notice to a local government entity or servant before commencing an establishment clause claim. Specifies contents of such notice. Allows the local government entity or servant to respond and provide certain information to claimant. Grants the government entity 120 days to alter its policy to comply with the establishment clause. Creates a Class A misdemeanor for a person to intentionally communicate by written or electronic communication with a local government entity or servant in a repetitious manner, threatening legal action, and with the intent to persuade the entity or servant to halt a particular policy. (10 pp.)
AmendmentHouse Local Government Committee amendment 1 (003747) removes references to federal courts, making the provisions the bill as amended applicable only to establishment clause claims filed in a state court. Specifies the created Class A misdemeanor offense, punishable by fine only, applies to persons communicating with a local government or their employee in an offensively repetitious manner with the intent to influence or persuade, or for making communication knowing it will alarm or annoy the local government or their employee.
Fiscal Note
(Dated: February 18 2013) Decrease Local Expenditures - Net Impact - Exceeds $19,000.
Senate Status04/09/2013 - Taken off notice in Senate Judiciary Committee.
House Status04/09/2013 - House Local Government Committee recommended with amendment 1. Sent to House Finance.
CaptionAN ACT to amend Tennessee Code Annotated, Title 29 and Title 39, relative to actions against local government units and local public servants.
SB968 Representation of certain indigent defendants.
CategoryJudiciary
SponsorsSen. Randy McNally
DescriptionRequires trial courts to verify income and property of defendants seeking court appointed counsel in non capital criminal cases. Creates a judgment lien in favor of state against defendants for unpaid attorney's fees and costs. Provides that willful nonpayment of the judgment is criminal contempt. Increases professional privilege tax by $200 for deposit in indigent defense fund. Requires supreme court to adopt rules concerning qualifications and appointment of private attorneys.
Senate Status02/25/2013 - Withdrawn in Senate.
House StatusNone
CaptionAN ACT to amend Tennessee Code Annotated, Title 8, Chapter 14; Title 16; Title 37; Title 40, Chapter 14 and Title 67, Chapter 4, Part 17, relative to legal representation of certain indigent defendants.
SB974 / HB417 Creates additional 31 assistant director attorney general positions.
CategoryJudiciary
SponsorsSen. Randy McNally / Rep. Gerald McCormick
DescriptionCreates an additional thirty-one assistant director attorney general positions to be designated in judicial districts and effective October 1, 2013.
AmendmentSenate Judiciary Committee amendment 1 (006309) rewrites the bill. Creates 10 new ADA positions effective Oct. 1, 2013, and 10 more ADA positions effective July 1, 2014. The positions will be allocated according to the District Attorneys' General Conference, by filing a report with the speakers of the House and the Senate and can be filled once the report is filed. The General Assembly shall consider legislation in 2014 and 2015 that enables the new ADAs to serve where they have been placed. Authorizes each District Attorney General to name a Deputy District Attorney General for that district. Such person shall have 25 collective years of service as a prosecutor or public defender at the state and federal levels. The compensation shall be initially set at $135,000.
Fiscal Note
(Dated: March 2 2013) Increase State Expenditures - $2,116,400/FY13-14 - $2,581,300/FY14-15 and Subsequent Years.
Senate Status04/09/2013 - Senate Judiciary Committee recommended with amendment 1. Sent to Senate Finance.
House Status04/18/2013 - Taken off notice in House Finance Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 16, Chapter 2, relative to public employee positions.
SB1023 / HB202 Court clerks to charge $5.00 electronic citation fee.
CategoryJudiciary
SponsorsSen. Doug Overbey / Rep. Bob Ramsey
DescriptionAllows the court clerk to charge and collect an electronic citation fee of up to five dollars to be paid by a defendant on any citation issued upon a plea of guilty, judgment of guilty, or grant of supervision. Establishes that sixty percent of the fee will be deposited into the general sessions court clerk electronic citation fund and forty percent will be disbursed to the arresting agency. Requires the establishment of an electronic court fund created before charging and collecting the electronic court fee.
Fiscal Note
(Dated: March 7 2013) Increase State Revenue - Exceeds $40,000 - Increase Local Revenue - Exceeds $310,000.
Senate Status02/08/2013 - Referred to Senate Judiciary.
House Status02/05/2013 - Referred to House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 8, Chapter 21, Part 4, relative to clerks of court.
SB1050 / HB418 Operating an electronic court filing system.
CategoryJudiciary
SponsorsSen. Brian K. Kelsey / Rep. Vance Dennis
DescriptionRequires that on or after January 1, 2014 all courts in this state utilize the same system provider for operating an electronic court filing system. Requires the administrative office of the courts to determine such provider.
Fiscal Note
(Dated: February 23 2013) Other Fiscal Impact - Currently, only one county in Tennessee has implemented an electronic court filing system. Any county that chooses to implement such a system in the future will incur costs, but those costs depend upon several unknown factors, including which system provider is chosen by the Administrative Office of the Courts and whether the county currently has a case management system. Any permissible costs, however, are reasonably estimated to exceed $750,000 per county.
Senate Status03/19/2013 - Taken off notice in Senate Judiciary Committee.
House Status03/26/2013 - Taken off notice in House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 10; Title 16; Title 18; Title 19; Title 20 and Title 40, relative to electronic court filing systems.
SB1056 / HB1124 Penalties for a judge or chancellor who fails to open court.
CategoryJudiciary
SponsorsSen. Brian K. Kelsey / Rep. Richard Floyd
DescriptionIncrease from $100 to $500 the amount deducted from a judge or chancellor's salary for failure to open court, for which the judge or chancellor is responsible, within the first three days of each regular term without sufficient excuse.
Fiscal Note
(Dated: March 16 2013) Not Significant.
Senate Status02/08/2013 - Referred to Senate Judiciary.
House Status03/20/2013 - Failed in House Civil Justice Subcommittee for lack of second motion.
CaptionAN ACT to amend Tennessee Code Annotated, Title 16 and Title 17, relative to judges.
SB1073 / HB622 Required plan to provide services to victims of human trafficking.
CategoryJudiciary
SponsorsSen. Charlotte Burks / Rep. Sherry Jones
DescriptionRequires the commissioner of human services to coordinate the delivery of services and information for victims of human trafficking concerning health care, mental health care, legal services, housing, job training, education, victim's compensation funds, and rehabilitative services.
Fiscal Note
(Dated: March 8 2013) Not Significant.
Senate Status04/09/2013 - Taken off notice in Senate Judiciary Committee.
House Status04/09/2013 - Taken off notice in House Criminal Justice Committee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 37; Title 39; Title 40 and Section 71-1-135, relative to human trafficking.
SB1158 / HB970 TN Balance of Powers Act.
CategoryJudiciary
SponsorsSen. Mae Beavers / Rep. Judd Matheny
DescriptionEnacts the "Tennessee Balance of Powers Act". Establishes that congress and the federal government are denied the power to affect laws within this state which are obtrusive to the U.S. Constitution and the Constitution of Tennessee, state law and the citizens of the state. Denies congress the power to bind the state under foreign statute, court order or opinion, or executive order, other than those provisions duly ratified by the congress as treaty, so long as the treaty does not violate the Constitution of Tennessee or the U.S. Constitution. Establishes that this act shall serve as a notice to the federal government to desist all activities outside its scope of its designated enumerated powers. Creates the Joint Legislative Committee on the Neutralization of Federal Laws. Establishes that the committee shall recommend, purpose and call for a vote by simple majority to deactivate a specific federal law.
AmendmentHouse State Government Subcommittee amendment 1 (004586) rewrites the bill to establish a joint advisory committee charged with reviewing any federal law, regulation or executive order that effects, regulates, or otherwise impacts the rights and privileges of Tennesseans. The committee will be made up of 9 members of the general assembly, four from the senate and five from the house. The speakers of the respected chambers are required to ensure that each grand division and one member of each chamber's minority party are selected for the committee. This committee will report its finding to the 109th TN General Assembly and after will only exist until such time the Speakers determine
Fiscal Note
(Dated: March 12 2013) Increase State Expenditures - $4,200 Each One-Day Meeting.
Senate Status04/02/2013 - Taken off notice in Senate State & Local Government Committee.
House Status04/02/2013 - Taken off notice in House State Government Committee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 3, Chapter 1, relative to the Tennessee Balance of Powers Act.
SB1165 / HB858 Indigency determination hearing required before waiving certain costs.
CategoryJudiciary
SponsorsSen. Becky Duncan Massey / Rep. Roger Kane
DescriptionRequires a determination of indigency hearing before a court suspends court costs and the litigation tax for a defendant in a criminal case.
Fiscal Note
(Dated: March 4 2013) Not Significant.
Senate Status02/08/2013 - Referred to Senate Judiciary.
House Status02/05/2014 - House Civil Justice Subcommittee deferred to 02/26/14.
CaptionAN ACT to amend Tennessee Code Annotated, Title 8, Chapter 14 and Title 40, Chapter 25, relative to indigency.
SB1200 / HB1117 Criminal injuries compensation - vehicular assault victims.
CategoryJudiciary
SponsorsSen. Mark Green / Rep. Joe Pitts
DescriptionAdds victims of vehicular assault, criminally negligent homicide, vehicular homicide, reckless homicide, and aggravated vehicular homicide whose injury or death was inflicted through the use of a motor vehicle or watercraft to those individuals eligible for criminal injuries compensation.
AmendmentSenate Judiciary Committee amendment 1 (006743) names the legislation "Tyler's Law."
Fiscal Note
(Dated: March 8 2013) Increase State Expenditures - $529,000/Criminal Injuries Compensation Fund - Increase Federal Expenditures - $793,500.
Senate Status04/17/2013 - Senate Finance, Ways & Means Committee did not take action.
House Status04/18/2013 - Taken off notice in House Finance Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Section 29-13-104, relative to criminal injuries compensation.
SB1216 / HB490 Additional protected classes of persons.
CategoryJudiciary
SponsorsSen. Ophelia Ford / 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, and financing in the state.
Fiscal Note
(Dated: February 23 2013) Not Significant.
Senate Status04/09/2013 - Taken off notice in Senate Judiciary Committee.
House Status02/21/2013 - Referred to House Consumer & Human Resources Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4, Chapter 21; Title 8 and Title 50, relative to discrimination based on sexual orientation and gender identity or expression.
SB1229 / HB1334 Elections - supreme court justices and all other judges.
CategoryJudiciary
SponsorsSen. Ophelia Ford / Rep. Barbara W. Cooper
DescriptionRequires each judge of a circuit, chancery, criminal, or other state trial court to be elected to an eight-year term by the voters of the judicial district or circuit. Requires each supreme court justice and each judge of other state appellate courts to be elected to an eight-year term from districts to be established by the general assembly. Details the vacancy process for each judge. Removes portions regarding judicial nominations and judicial performance evaluations.
Fiscal Note
(Dated: March 4 2013) Decrease State Expenditures - $32,800/Judicial Evaluation - $35,800/Judicial Nominating Commission.
Senate Status03/26/2013 - Taken off notice in Senate Judiciary Committee.
House Status02/27/2013 - Referred to House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 17, relative to judges and chancellors.
SB1230 / HB1320 Removes requirement that judge be an attorney.
CategoryJudiciary
SponsorsSen. Ophelia Ford / Rep. Barbara W. Cooper
DescriptionRemoves, effective September 1, 2013, requirement that the judge of any court be licensed to practice law.
Fiscal Note
(Dated: March 10 2013) Other Fiscal Impact - It cannot be reasonably determined whether the bill will result in persons lacking knowledge about current law and court rules serving as judges. There is the potential for the backlogging of court dockets that could result in delayed court administration or the need for additional judges. An additional judge, regardless of court, would result in increased recurring expenditures exceeding $200,000.
Senate Status03/26/2013 - Taken off notice in Senate Judiciary Committee.
House Status03/26/2013 - Taken off notice in House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 6, Chapter 33; Title 16 and Title 17, relative to the qualifications to be a judge.
SB1299 / HB1152 Affidavit used to determine whether a defendant is indigent.
CategoryJudiciary
SponsorsSen. James F. Kyle Jr. / Rep. Larry J. Miller
DescriptionRequires criminal court defendants that allege to be financially unable to obtain the assistance of counsel to complete a certain affidavit of indigency designed by the administrative office of the courts, instead of the uniform affidavit of indigency.
Fiscal Note
(Dated: March 9 2013) Not Significant.
Senate Status02/26/2013 - Referred to Senate Judiciary.
House Status03/19/2013 - House Criminal Justice Subcommittee deferred 03/26/13.
CaptionAN ACT to amend Tennessee Code Annotated, Title 8, Chapter 14; Title 16; Title 23 and Title 40, relative to public defender services.
SB1308 / HB1239 Constitutional Enforcement Restraint Act of 2013.
CategoryJudiciary
SponsorsSen. Stacey Campfield / Rep. Billy Spivey
DescriptionCreates the Constitutional Enforcement Restraint Act of 2013. Declares that certain federal employees and state and local law enforcement acting at the direction of the federal government but without the express permission of the state is not recognized by the state and beyond the authority granted to the federal government.
Fiscal Note
(Dated: March 16 2013) Not Significant.
Senate Status04/09/2013 - Taken off notice in Senate Judiciary Committee.
House Status03/26/2013 - Taken off notice in House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4; Title 7; Title 8 and Title 38, relative to the authority of federal agencies within this state.
SB1336 / HB1308 Process of reciprocal disclosure of witnesses for criminal trials.
CategoryJudiciary
SponsorsSen. Mike Bell / Rep. Darren Jernigan
DescriptionEstablishes a process where witness lists must be disclosed by both the prosecuting attorney and the defense in a criminal case. Provides rules detailing this process, including time periods for submitting information, witness list contents, permissible stay of proceedings regarding witness lists, and release of information. Provides the court discretion to submit additional witnesses not originally detailed on the list under certain circumstances.
Fiscal Note
(Dated: March 24 2013) Not Significant.
Senate Status02/26/2013 - Referred to Senate Judiciary.
House Status02/27/2013 - Referred to House Criminal Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 40, Chapter 17, relative to requiring reciprocal disclosure of witnesses prior to trial.
SB1341 / HB1096 Reduces number of court of appeals judges.
CategoryJudiciary
SponsorsSen. Mike Bell / Rep. Eric Watson
DescriptionReduces the number of judges on the court of appeals and the court of criminal appeals from twelve to nine effective September 1, 2014.
Fiscal Note
(Dated: March 25 2013) Decrease State Expenditures - $2,247,800/Recurring.
Senate Status02/26/2013 - Referred to Senate Judiciary.
House Status02/13/2014 - Withdrawn in House.
CaptionAN ACT to amend Tennessee Code Annotated, Title 16, Chapter 4 and Title 16, Chapter 5, relative to intermediate appellate courts.
SB1689 / HB1522 Jurisdiction - issuance of orders to destroy dogs that attack humans.
CategoryJudiciary
SponsorsSen. Becky Duncan Massey / Rep. Andrew Farmer
DescriptionRequires orders to destroy dogs that attack humans to be issued by a general sessions court judge, not a circuit court judge. Requires such orders to be personally served on the dog's owner or sent via certified mail.
AmendmentHouse Civil Justice Committee amendment 1 (012308) conforms the bill to the notice requirements of rule 4.01 for the Tennessee rules of civil procedure.
Fiscal Note
(Dated February 3, 2014) NOT SIGNIFICANT
Senate Status01/22/2014 - Referred to Senate Judiciary Committee.
House Status02/20/2014 - Taken off notice in House Calendar & Rules Committee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 44, Chapter 17, relative to the destruction of dogs.
SB1797 / HB1527 Channon Christian Act.
CategoryJudiciary
SponsorsSen. Randy McNally / Rep. Ryan A. Haynes
DescriptionEnacts the "Channon Christian Act". Clarifies when any statute or rule prohibits introduction of a person's other crimes, wrongs, or acts for the purpose of proving the character of the person, "person" means any individual, including the victim, the defendant, a witness, or any other third-party.
AmendmentSenate amendment 1 (012532) rewrites language to reflect federal law.
Fiscal Note
(Dated: February 7, 2014) NOT SIGNIFICANT
Senate Status02/20/2014 - Senate passed with amendment 1 (012532), which rewrites language to reflect federal law.
House Status01/22/2014 - Referred to House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 24, Chapter 7, Part 1, relative to the admissibility of certain evidence in criminal cases and to enact the "Channon Christian Act".
SB1840 / HB1855 Civil cause of action against person for physical invasion of privacy.
CategoryJudiciary
SponsorsSen. Mark S. Norris / Rep. Ryan Williams
DescriptionCreates a cause of action for certain invasions of privacy. Allows a civil cause of action against any person who: (1) Knowingly trespasses onto the land of another (plaintiff) in order to physically invade the privacy of the plaintiff with the intent to capture any type of visual image, sound recording, or other physical impression of the plaintiff engaging in a personal or familial activity and the physical invasion occurs in a manner that is offensive to a reasonable person; (2) Captures or attempts to capture, in a manner that is offensive to a reasonable person, any type of visual image, sound recording, or other physical impression of the plaintiff engaging in a personal or familial activity under circumstances in which the plaintiff had a reasonable expectation of privacy, through the use of a visual or auditory enhancing device, regardless of whether there is a physical trespass, if this image, sound recording, or other physical impression could not have been achieved without a trespass unless the visual or auditory enhancing device was used; (3) Commits an assault or false imprisonment for the purpose of, and with the intent to, capture any type of visual image, sound recording, or other physical impression of the plaintiff; or (4) Directs, solicits, actually induces, or actually causes another person, regardless of whether there is an employer-employee relationship, to violate this bill. It is not a defense to a violation of this bill that no image, recording, or physical impression was captured or sold. Violators will be liable for: (1) General and special damages; and (2) Punitive damages up to three times the amount of general and special damages combined. If the plaintiff proves that the violation of this bill was committed for a commercial purpose, then the defendant will be subject to disgorgement to the plaintiff of any proceeds or other consideration obtained as a result of the violation; provided, however, a visual image, sound recording, or other physical impression will not be found to have been, or intended to have been captured for a commercial purpose unless it is intended to be, or was in fact, sold, published, or transmitted. The transmission, publication, broadcast, sale, offer for sale, or other use of any visual image, sound recording, or other physical impression that was taken or captured in violation of this bill will not constitute a violation of this bill unless the person, in the first transaction following the taking or capture of the visual image, sound recording, or other physical impression: (1) Publicly transmitted, published, broadcast, sold or offered for sale, the visual image, sound recording, or other physical impression with actual knowledge that it was taken or captured in violation of this bill, which the plaintiff must establish by clear and convincing evidence; and (2) Provided compensation, consideration, or remuneration, monetary or otherwise, for the rights to the visual image, sound recording, or other physical impression. Any person that publicly transmits, publishes, broadcasts, sells or offers for sale, in any form, medium, format or work, a visual image, sound recording, or other physical impression that was previously publicly transmitted, published, broadcast, sold or offered for sale, by another person, is exempt from liability under this bill. If a person's first public transmission, publication, broadcast, or sale or offer for sale, of a visual image, sound recording, or other physical impression that was taken or captured in violation of the above provisions does not constitute a violation of this bill, then that person's subsequent public transmission, publication, broadcast, sale or offer for sale, in any form, medium, format or work, of the visual image, sound recording, or other physical impression, does not constitute a violation of this bill. This bill applies only to a visual image, sound recording, or other physical impression that is captured or taken in this state on or after July 1, 2014, and does not apply to any visual image, sound recording, or other physical impression taken or captured outside of this state. In any action pursuant to this bill, the court may grant equitable relief, including an injunction and restraining order against further violations. This bill specifies that it does not impair or limit any otherwise lawful activities of law enforcement personnel or employees of public or private entities, who, in the course and scope of their employment, and supported by reasonable suspicion, attempt to capture or capture any type of visual image, sound recording, or other physical impression of a person during an investigation, surveillance, or monitoring of any conduct to obtain evidence of suspected illegal activity or other misconduct, the suspected violation of any administrative rule, a suspected fraudulent conduct, or any activity involving a violation of law or business practices or conduct of public officials adversely affecting the public welfare, health or safety.
Fiscal Note
(Dated February 9, 2014) NOT SIGNIFICANT
Senate Status01/23/2014 - Referred to Senate Judiciary Committee.
House Status02/12/2014 - House Civil Justice Subcommittee deferred to 03/05/14.
CaptionAN ACT to amend Tennessee Code Annotated, Title 20; Title 29; Title 39; Title 40 and Title 66, relative to privacy.
SB1857 / HB1518 Trying of child as an adult.
CategoryJudiciary
SponsorsSen. Reginald Tate / Rep. John J. Deberry Jr.
DescriptionAllows a child under 16 years of age to be transferred from juvenile court, where the victim was eight years of age or less, and they are charged with an act of or attempt to commit aggravated sexual battery, aggravated child abuse, aggravated child neglect or aggravated child endangerment. Broadly captioned.
Fiscal Note
(Dated February 19, 2014) Increase State Expenditures - $154,300/Incarceration*
Senate Status01/23/2014 - Referred to Senate Judiciary Committee.
House Status02/19/2014 - House Civil Justice Subcommittee deferred to 02/26/14.
CaptionAN ACT to amend Tennessee Code Annotated, Title 37; Title 39 and Title 40, relative to criminal law.
SB1889 / HB1773 Legal notice via radio.
CategoryJudiciary
SponsorsSen. Stacey Campfield / Rep. Mike Sparks
DescriptionDeclares that any radio stations that receive public funding and have a web address where legal or public notice is published completely and contemporaneously to any announcement will be considered to be newspaper of general circulation, and legal or public notice given in this way will be considered sufficient notice. Bill is broadly captioned.
Senate Status01/27/2014 - Referred to Senate Judiciary Committee.
House Status01/27/2014 - Referred to House State Government Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 1, Chapter 3; Title 30, Chapter 2 and Title 67, Chapter 5, relative to public notices.
SB1897 / HB1853 Acceptance of partial payment as full settlement.
CategoryJudiciary
SponsorsSen. Reginald Tate / Rep. Jeremy Faison
DescriptionAllows clerks to accept lump sum partial payment in full settlement of all fines and costs owed that have been in default for at least 5 years, provided any settlement is 50 percent or more of the total amount in default.
Senate Status01/27/2014 - Referred to Senate Judiciary Committee.
House Status02/04/2014 - Referred to House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 40, Chapter 24, Part 1, relative to the collection of money.
SB1967 / HB2117 Cause of action - bad faith assertion of patent infringement.
CategoryJudiciary
SponsorsSen. Mike Bell / Rep. Jon Lundberg
DescriptionEstablishes a cause of action against a person who makes a bad faith assertion of patent infringement. Provides criteria that a court may consider when determining whether such an infringement has occurred. Upon finding that a person made a bad faith assertion of patent infringement, the court shall require that person to post a bond in an amount equal to the estimated cost incurred by the person being accused to litigate the claim and any other awards that are rewarded; the bond posted shall not exceed $250,000. A court may award equitable relief, damages, costs and fees, and exemplary damages as remedies to a plaintiff who prevails in such a bad faith assertion action case.
Senate Status01/27/2014 - Referred to Senate Judiciary Committee.
House Status02/04/2014 - Referred to House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 29, relative to remedies and special proceedings.
SB2004 / HB1918 Waiver of governmental immunity in certain actions.
CategoryJudiciary
SponsorsSen. Mark Green / Rep. Joshua G. Evans
DescriptionRemoves governmental immunity for claims against any governmental entity under the Uniformed Services Employment and Reemployment Rights Act of 1994 ("USERRA").
Fiscal Note
(Dated February 10, 2014) NOT SIGNIFICANT
Senate Status01/27/2014 - Referred to Senate Judiciary Committee.
House Status02/20/2014 - Set for House Floor on 02/27/14.
CaptionAN ACT to amend Tennessee Code Annotated, Title 29, Chapter 20, Part 2, relative to removal of governmental immunity under certain circumstances.
SB2009 / HB2062 Administrative fee - juvenile's court-appointed attorney.
CategoryJudiciary
SponsorsSen. Mark Green / Rep. John C. Tidwell
DescriptionIncreases from $200 to $300 the maximum administrative fee that may be imposed by the court upon the parents or guardians of a juvenile who is provided with court-appointed legal representation in a court proceeding to determine delinquency or unruly conduct.
Senate Status01/27/2014 - Referred to Senate Judiciary Committee.
House Status02/04/2014 - Referred to House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 37, Chapter 1, Part 1, relative to juvenile courts and proceedings.
SB2042 / HB1504 Statute of limitations for commencing wrongful death action.
CategoryJudiciary
SponsorsSen. Brian K. Kelsey / Rep. John J. Deberry Jr.
DescriptionCreates a two year, rather than one year, statute of limitations for commencing wrongful death action.
Fiscal Note
(Dated February 16, 2014) NOT SIGNIFICANT
Senate Status01/29/2014 - Referred to Senate Judiciary Committee.
House Status02/19/2014 - House Civil Justice Subcommittee deferred to 02/26/14.
CaptionAN ACT to amend Tennessee Code Annotated, Title 28, Chapter 3, relative to the statute of limitations for wrongful death actions.
SB2085 / HB2059 Direct attorney general to initiate civil action.
CategoryJudiciary
SponsorsSen. Brian K. Kelsey / Rep. Jeremy Durham
DescriptionRequires the attorney general and reporter to initiate a civil suit on behalf of the state if the following occur: (1) A joint resolution adopted by a constitutional majority of both the senate and house of representatives directs the attorney general and reporter to do so. In such resolution the general assembly may invoke the provisions of this bill (discussed below) and call for the employment of outside counsel to initiate and prosecute the action; or (2) The governor by executive order directs the attorney general and reporter to initiate the action. If the attorney general and reporter has initiated a civil action on behalf of the state, the attorney general will be required to dismiss or otherwise withdraw from the action if: (1) A joint resolution adopted by a constitutional majority of both the senate and house of representatives directs the attorney general and reporter to cease the action; and (2) The governor by executive order directs the attorney general and reporter to cease the same action. Adds that the general assembly may employ outside counsel to advise them on matters for which outside counsel is deemed necessary and, when requested by a joint resolution under this bill or otherwise, to initiate and prosecute a civil action on behalf of the state. To employ special counsel pursuant to this bill, a joint resolution adopted by a constitutional majority of both the senate and house of representatives requesting the selection and employment of special counsel to advise on a specific issue is required. The resolution must direct how to select the special counsel to be employed.
Fiscal Note
(Dated February 9, 2014) Other Fiscal Impact – The fiscal impact of requiring the Attorney General to either initiate additional civil suits or terminate the state’s involvement in civil suits is not quantifiable, as the number and complexity of such suits are unknown. In the event that the General Assembly elects to hire outside counsel, it is estimated to result in an increase in state expenditures of at least $10,000 per case for legal fees and expenses, depending on the nature, complexity and duration of each case. The circumstances under which this scenario may arise are not known and a more precise fiscal impact of this bill, therefore, cannot reasonably be determined.
Senate Status02/18/2014 - Senate Judiciary Committee deferred to 02/25/14.
House Status01/29/2014 - Referred to House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 8, Chapter 6.
SB2091 / HB1838 Orders of Protection.
CategoryJudiciary
SponsorsSen. Mark Green / Rep. John C. Tidwell
DescriptionPermits a clerk to transmit an order of protection to the sheriff of a county other than the county where the order was issued by facsimile or other electronic transmission, in order to complete service of process in a timely manner.
Senate Status01/29/2014 - Referred to Senate Judiciary Committee.
House Status02/04/2014 - Referred to House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 36, Chapter 3, relative to service of orders of protection.
SB2105 / HB2181 Selling judgment debtor's property - commission allowed.
CategoryJudiciary
SponsorsSen. Dolores R. Gresham / Rep. Barrett Rich
DescriptionAllows a sheriff to collect commission set and approved by the court as part of the reasonable expenses owed to the sheriff when selling a judgment debtor's property to satisfy a judgment lien pursuant to the rules of civil procedure. Broadly captioned.
Senate Status01/29/2014 - Referred to Senate Judiciary Committee.
House Status02/04/2014 - Referred to House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 8; Title 16; Title 25 and Title 26, relative to satisfaction of a judgment lien.
SB2114 / HB1903 Defendant's required appearance in court.
CategoryJudiciary
SponsorsSen. Todd Gardenhire / Rep. Vince Dean
DescriptionReplaces "and/or" with the word "and" in the list of conditions a magistrate can impose to assure a defendant's appearance in court.
Senate Status01/29/2014 - Referred to Senate Judiciary Committee.
House Status01/27/2014 - Referred to House Criminal Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Section 40-11-116, relative to release conditions.
SB2152 / HB1953 Registered process servers.
CategoryJudiciary
SponsorsSen. Reginald Tate / Rep. Mike Stewart
DescriptionRequires the administrative office of the courts to create an application to become a registered process server for the courts. Requires a registration number to be assigned to each person seeking to serve process for the courts. Requires a registration number to be included on the return for any process served.
Senate Status01/29/2014 - Referred to Senate Judiciary Committee.
House Status02/04/2014 - Referred to House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 20, relative to service of process.
SB2169 / HB1900 Required drug tests for certain parents.
CategoryJudiciary
SponsorsSen. Charlotte Burks / Rep. John Mark Windle
DescriptionRequires a juvenile court to order a parent to submit to four random drug tests during the year following a child's return to the parent's custody, if the child was removed from the parent's custody due in whole or in part to the parent's drug use or suspected drug use.
Fiscal Note
(Dated February 10, 2014) Increase State Expenditures - $6,933,300 Increase Federal Expenditures - $3,304,800
Senate Status01/29/2014 - Referred to Senate Judiciary Committee.
House Status02/12/2014 - Taken off notice in House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 36 and Title 37, relative to drug use by parents.
SB2186 Tennessee Art and Cultural Property Protection Act.
CategoryJudiciary
SponsorsSen. Stacey Campfield
DescriptionCreates the Tennessee Art and Cultural Property Protection Act. Identifies certain rights artists have in their work and provides protections to works of fine art. Establishes exclusive ownership of original work consisting of sound records fixed prior to 1972 until February 15, 2047. Provides process to transfer rights and royalty payments to works of fine art. Provides procedure and remedies for rights violations. Provides additional authority to the Tennessee arts commission. (15 pp.)
Senate Status01/29/2014 - Referred to Senate Judiciary Committee.
House StatusNone
CaptionAN ACT to amend Tennessee Code Annotated, Title 4, Chapter 20, Part 1; Title 28, Chapter 3; Title 47, Chapter 25 and Title 47, Chapter 9, relative to intellectual property.
SB2228 / HB2223 Court clerk's powers.
CategoryJudiciary
SponsorsSen. Rusty Crowe / Rep. Matthew Hill
DescriptionAllows courts to reopen bidding on judicial sales. Permits a court clerk is to accept advance bids and reopen bidding , at no additional fee, commission or cost, unless the court's order or decree specifically prohibits the acceptance of an advance bid.
Senate Status01/29/2014 - Referred to Senate Judiciary Committee.
House Status02/05/2014 - Referred to House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 35, Chapter 5, relative to judicial sales.
SB2313 / HB2130 Withholding agent's expenses to pay court costs.
CategoryJudiciary
SponsorsSen. Randy McNally / Rep. John Ragan
DescriptionPermits the withholding of an agent's expenses for collecting court costs in civil and criminal cases. Requires the collection agent's cost to be added to the total amount owed. Permits the court to withhold a maximum of 40 percent of any amounts actually collected.
Senate Status01/29/2014 - Referred to Senate Judiciary Committee.
House Status02/04/2014 - Referred to House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 20 and Title 40, relative to the collection of money.
SB2387 / HB2283 Civil actions - persons identifying medical bills.
CategoryJudiciary
SponsorsSen. Lowe Finney / Rep. Mike Stewart
DescriptionRevises requirements for identifying medical bills in civil actions. Allows patients and their caretakers to identify bills and expenses by the witness showing that the expenses were incurred in connection with the injury and the bill is received from a certain party.
Senate Status01/30/2014 - Referred to Senate Judiciary Committee.
House Status02/05/2014 - Referred to House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 24; Title 63, Chapter 2 and Title 68, Chapter 11, relative to evidence.
SB2448 / HB2359 Prohibited personal property and homestead exemptions.
CategoryJudiciary
SponsorsSen. Todd Gardenhire / Rep. Mike Carter
DescriptionProhibits a person from claiming property that was purchased or maintained with funds by fraud or the ownership of which was maintained with funds obtained by fraud, as part of the personal property or homestead exemptions.
Fiscal Note
(Dated February 17, 2014) NOT SIGNIFICANT
Senate Status02/06/2014 - Referred to Senate Judiciary Committee.
House Status02/19/2014 - House Civil Justice Subcommittee recommended. Sent to House Civil Justice Committee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 26, relative to exemptions.
SB2542 / HB2362 Drug testing of judges.
CategoryJudiciary
SponsorsSen. Randy McNally / Rep. Jimmy Matlock
DescriptionProvides that at any time after jeopardy has attached in a criminal trial, either the state or defense may request that the trial judge submit to a drug test. Requires the test to occur within 3 days of the date of the request. If the judge tests positive for an illegal drug, a mistrial is declared and a substitute judge is appointed. If the test is negative, no request is made, or it was for a legal prescription drug, the trial resumes and neither side can assert on appeal that the judge was impaired by drugs.
Senate Status02/10/2014 - Referred to Senate Judiciary Committee.
House Status02/12/2014 - Referred to House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 40, Chapter 18, Part 1, relative to participants in criminal trials.
SB2557 / HB2473 Study - concurrent jurisdiction to chancery and circuit courts.
CategoryJudiciary
SponsorsSen. Mark Green / Rep. Tim Wirgau
DescriptionDirects the comptroller of the treasury to conduct a study into cost savings resulting from conferring concurrent jurisdiction over all matters to the chancery and circuit courts. Requires the comptroller to report the findings to the members of the general assembly no later than February 1, 2015.
Senate Status02/10/2014 - Referred to Senate Judiciary Committee.
House Status02/12/2014 - Referred to House Civil Justice Subcommittee.
CaptionAN ACT relative to a study of decreases in expenditures resulting from conferring concurrent jurisdiction to both chancery and circuit courts.
SB2571 / HB2464 Litigation costs in Shelby county court system.
CategoryJudiciary
SponsorsSen. James F. Kyle Jr. / Rep. G.A. Hardaway
DescriptionAuthorizes the county legislative body of Shelby county to increase court costs charged by the clerks and sheriffs and the litigation tax imposed by an amount not to exceed 20% of the amount authorized by law.
Senate Status02/10/2014 - Referred to Senate Judiciary Committee.
House Status02/12/2014 - Referred to House Local Government Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 8 and Title 67, relative to litigation costs.
SJR34 Constitutional amendment - discrimination and preferences.
CategoryJudiciary
SponsorsSen. Jim Summerville
DescriptionAmends Article XI of the state constitution to prohibit the state from discriminating or granting preferential treatment to any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of all aspects of public employment, public education or public contracting.
Fiscal Note
(Dated: February 12 2013) Increase State Expenditures - $9,100/One-Time.
Senate Status01/31/2013 - Referred to Senate Judiciary.
House StatusNone
CaptionA RESOLUTION to amend Article XI of the Constitution of Tennessee, relative to discrimination and preferences in government.
SJR123 Constitutional amendment - election of attorney general.
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.
AmendmentSenate amendment 1 (010658) rewrites the bill. Deletes the amendatory language of the first resolving clause. Deletes the two-term limit restriction from the original resolution and reduces the residency requirement from seven years to five years.
Fiscal Note
(Dated: March 22 2013) Increase State Expenditures - $9,100/FY13-14.
Senate Status02/05/2014 - Failed in Senate (15-14).
House StatusNone
CaptionA RESOLUTION to propose an amendment to Article VI, Section 5 of the Constitution of Tennessee, to provide for popular election of the Attorney General and Reporter for the State.
SR15 Rules of Practice and Procedure of the Board of Judicial Conduct.
CategoryJudiciary
SponsorsSen. Brian K. Kelsey
DescriptionApproves the adoption of the Rules of Practice and Procedure of the Board of Judicial Conduct, promulgated by the Board of Judicial Conduct pursuant to the provisions of Chapter 819 of the Public Acts of 2012.
Senate Status03/26/2013 - Signed by Senate speaker.
House StatusNone
CaptionA RESOLUTION approving the adoption of the Rules of Practice and Procedure of the Board of Judicial Conduct, promulgated by the Board of Judicial Conduct pursuant to the provisions of Chapter 819 of the Public Acts of 2012 and Tennessee Code Annotated, Section 16402, et seq.
HB1252 Issuing of subpoenas - attorney's fees and expenses.
CategoryJudiciary
SponsorsRep. Mark Pody
DescriptionRequires, instead of allows, a court to reward reasonable attorney's fees and expenses to the party subpoenaed if the court grants a motion to modify or quash the issued subpoena and to the prevailing party if the court sustains an issued subpoena. Broadly captioned.
Fiscal Note
(Dated: March 24 2013) Not Significant.
Senate StatusNone
House Status02/27/2013 - Referred to House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 16; Title 20; Title 24; Title 29; Title 36; Title 37 and Title 40, relative to evidence.
HB2344 Surrogate mother's authority - medical decisions of fetus.
CategoryJudiciary
SponsorsRep. Andrew Farmer
DescriptionMakes void any contractual provision concerning a surrogate birth that interferes with the sole authority of the woman carrying the fetus to make medical decisions during the pregnancy.
Senate StatusNone
House Status02/05/2014 - Withdrawn in House.
CaptionAN ACT to amend Tennessee Code Annotated, Title 36, relative to surrogate births.
HJR8 Constitutional amendment - appointment of appellate judges.
CategoryJudiciary
SponsorsRep. Jon Lundberg
DescriptionProposes amendment of Article VI, Section 3 of the state constitution to provide for gubernatorial appointment of appellate judges, subject to legislative confirmation, followed by retention elections.
Fiscal Note
(Dated: January 25 2013) Increase Local Expenditures - Up to $10,000/FY14-15.
Senate StatusNone
House Status02/25/2013 - House substituted SJR2 for the resolution.
CaptionA RESOLUTION proposing amendment of Article VI, Section 3 of the Constitution of Tennessee, relative to judges of the appellate courts.
HJR35 Constitutional amendment prohibiting state or local income tax.
CategoryJudiciary
SponsorsRep. Glen Casada
DescriptionProposes amending the TN Constitution in Article II, Section 28 to add language explicitly prohibiting the general assembly from levying, authorizing or otherwise permitting any state or local tax upon payroll or earned personal income or any state or local tax measured by payroll or earned personal income. Directs the Secretary of State to place this constitutional amendment on the November 2014 general election ballot.
Fiscal Note
(Dated: January 30 2013) Increase Local Expenditures - Up to $10,000/FY14-15.
Senate StatusNone
House Status02/26/2013 - Taken off notice in House State Government Committee.
CaptionA RESOLUTION to amend Article II, Section 28 of the Constitution of Tennessee, to prohibit taxation upon payroll or earned personal income.
HJR98 Study of issues related to unsecured bail bonds.
CategoryJudiciary
SponsorsRep. Barbara W. Cooper
DescriptionDirects the administrative office of the courts to study issues related to fees for unsecured bail bonds.
Fiscal Note
(Dated: March 3 2013) Increase State Expenditures - $50,000/One-Time.
Senate StatusNone
House Status03/12/2013 - Taken off notice in House Criminal Justice Subcommittee.
CaptionA RESOLUTION to direct a study on bail bonds.
HJR103 Constitutional amendment - popular election of the Attorney General.
CategoryJudiciary
SponsorsRep. Art Swann
DescriptionProposes an amendment to Article VI, Section 5 to, provide for popular election of an attorney general and reporter for the state. Specifies that one candidate shall be nominated by the governor and one candidate shall be nominated by joint vote of both houses of the general assembly.
Fiscal Note
(Dated: February 20 2013) Increase State Expenditures - $9,100/One-Time.
Senate StatusNone
House Status03/20/2013 - Failed in House Civil Justice Subcommittee.
CaptionA RESOLUTION to propose an amendment to Article VI, Section 5 of the Constitution of Tennessee, to provide for popular election of the Attorney General and Reporter for the State.
HR32 Tennessee Rules of Evidence.
CategoryJudiciary
SponsorsRep. Jon Lundberg
DescriptionRatifies and approves revisions to the Tennessee Rules of Evidence.
Senate StatusNone
House Status04/19/2013 - Signed by House speaker.
CaptionA RESOLUTION approving the amendments and revisions to the Tennessee Rules of Evidence, promulgated by the Supreme Court of Tennessee pursuant to the provisions of Tennessee Code Annotated, Section 16402, et seq.
HR33 Tennessee Rules of Criminal Procedure.
CategoryJudiciary
SponsorsRep. Jon Lundberg
DescriptionRatifies and approves revisions to the Tennessee Rules of Criminal Procedure.
Senate StatusNone
House Status03/04/2013 - Signed by House speaker.
CaptionA RESOLUTION approving the amendments and revisions to the Tennessee Rules of Criminal Procedure, promulgated by the Supreme Court of Tennessee pursuant to the provisions of Tennessee Code Annotated, Section 16402, et seq.
HR34 Ratifies and approves revisions to the TN Rules of Juvenile Procedure.
CategoryJudiciary
SponsorsRep. Jon Lundberg
DescriptionRatifies and approves revisions to the Tennessee Rules of Juvenile Procedure.
Senate StatusNone
House Status03/22/2013 - Signed by House speaker.
CaptionA RESOLUTION approving the amendments and revisions to the Tennessee Rules of Juvenile Procedure, promulgated by the Supreme Court of Tennessee pursuant to the provisions of Tennessee Code Annotated, Section 16402, et seq.
HR35 Ratifies and approves revisions to TN Rules of Appellate Procedure.
CategoryJudiciary
SponsorsRep. Jon Lundberg
DescriptionRatifies and approves revisions to the Tennessee Rules of Appellate Procedure.
Senate StatusNone
House Status03/22/2013 - Signed by House speaker.
CaptionA RESOLUTION approving the amendments and revisions to the Tennessee Rules of Appellate Procedure, promulgated by the Supreme Court of Tennessee pursuant to the provisions of Tennessee Code Annotated, Section 16402, et seq.
HR36 Ratifies and approves revisions to the TN Rules of Civil Procedure.
CategoryJudiciary
SponsorsRep. Jon Lundberg
DescriptionRatifies and approves revisions to the Tennessee Rules of Civil Procedure.
Senate StatusNone
House Status03/19/2013 - Signed by House speaker.
CaptionA RESOLUTION approving the amendments and revisions to the Tennessee Rules of Civil Procedure, promulgated by the Supreme Court of Tennessee pursuant to the provisions of Tennessee Code Annotated, Section 16402, et seq.
HR38 Adopts Rules of Practice and Procedure of Board of Judicial Conduct.
CategoryJudiciary
SponsorsRep. Jim Coley
DescriptionAdopts the Rules of Practice and Procedure of the Board of Judicial Conduct.
Senate StatusNone
House Status03/19/2013 - Signed by House speaker.
CaptionA RESOLUTION approving the adoption of the Rules of Practice and Procedure of the Board of Judicial Conduct, promulgated by the Board of Judicial Conduct pursuant to the provisions of Chapter 819 of the Public Acts of 2012 and Tennessee Code Annotated, Section 16402, et seq.

Labor Law - 9

SB509 / HB1149 Worker's compensation - apportionment of liability.
CategoryLabor Law
SponsorsSen. Joey Hensley / Rep. Mark Pody
DescriptionRequires the courts to apportion fault in a worker's compensation suit and reduce the recovery awarded to the injured worker or dependents when the worker's injury is caused in part by another person, instead of not apportioning fault and not reducing the recovery award based on the apportionment. Reduces the employer's subrogation claim recovery based on the court's apportionment of fault.
Fiscal Note
(Dated: February 18 2013) Not Significant.
Senate Status03/19/2013 - Taken off notice in Senate Commerce & Labor Committee.
House Status02/21/2013 - Referred to House Consumer & Human Resources Subcommittee.
Executive Status03/07/2013 - Workers' Compensation Advisory Council recommended against passage after reconsidering their previous action of recommendation.
CaptionAN ACT to amend Tennessee Code Annotated, Title 50, Chapter 6, relative to workers' compensation.
SB580 / HB253 Implements a self-employment assistance program.
CategoryLabor Law
SponsorsSen. Ferrell Haile / Rep. Darren Jernigan
DescriptionImplements a self-employment assistance program for persons who are eligible for regular unemployment compensation. Requires the weekly amount of a self-employment assistance allowance payable to an individual to be equal to the weekly benefit amount for regular unemployment compensation. Prohibits the sum of the self-employment assistance allowance from exceeding the maximum benefit amount as established with respect to such benefit year. Requires a self-employment assistance allowance to be payable to an individual at the same interval, on the same terms, and subject to the same conditions as regular unemployment compensation except under certain conditions. Prohibits the aggregate number of individuals receiving allowance from exceeding five percent of the number of individuals receiving regular unemployment compensation. Prohibits the self-employment assistance program from resulting in any cost to the unemployment compensation fund in excess of the cost that would be incurred by the state and charged to the fund had the program not been operated. Authorizes the act to take effect upon becoming law and shall apply to claims for unemployment compensation after July 1, 2013.
Fiscal Note
(Dated: February 21 2013) Other Fiscal Impact - $709,200 in federal funding will become available solely for implementation of this program. There is no significant impact on state funds.
Senate Status03/19/2013 - Senate Commerce & Labor Committee deferred to next meeting.
House Status03/20/2013 - Failed in House Consumer & Human Resources Subcommittee - tie vote.
CaptionAN ACT to amend Tennessee Code Annotated, Title 50, Chapter 7, relative to self-employment assistance for individuals eligible for unemployment benefits.
SB699 / HB1321 Employers cannot use certain credit reports for employment purposes.
CategoryLabor Law
SponsorsSen. Reginald Tate / Rep. Karen D. Camper
DescriptionProhibits an employer from using the credit report or credit history of an employee or applicant for employment to deny employment, discharge an employee or determine compensation of the terms, conditions or privileges of employment. Permits the credit report or credit history of the employee or applicant to be used if information in the credit report is substantially job-related and disclosed in writing to the employee or applicant. Allows the commissioner of labor and workforce development to assess a civil penalty to an employer who violates this section.
Fiscal Note
(Dated: March 14 2013) Increase State Revenue - Exceeds $500.
Senate Status03/19/2013 - Senate Commerce & Labor Committee deferred to next meeting.
House Status03/20/2013 - Taken off notice in House Consumer & Human Resources Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4; Title 8 and Title 50, Chapter 1, relative to employers and employees.
SB1668 / HB1683 Unemployment benefits - drug screens for certain persons.
CategoryLabor Law
SponsorsSen. Jack Johnson / Rep. Jeremy Durham
DescriptionRequires an unemployment claimant to pass a drug screen to receive unemployment benefits if the only suitable work available for the person is an occupation that regularly conducts pre-employment drug testing or the person was terminated from most recent employer because of unlawful use of a non-prescribed controlled substance. Allows such person to receive unemployment benefits after failing a drug screen if the person is receiving certain drug treatment or passes a subsequent drug screen. Requires an appeal process be created for appealing failed drug screens. Requires notice of appeal and drug screen failure be provided to persons who fail such screens.
Fiscal Note
(Dated January 27, 2014) Increase State Expenditures – $6,281,400/General Fund/FY14-15 $11,415,700/General Fund/FY15-16 and Subsequent Years Decrease State Expenditures – $1,576,800/Unemployment Trust Fund/FY14-15 $3,153,700/Unemployment Trust Fund/FY15-16 and Subsequent Years
Senate Status02/11/2014 - Senate Commerce & Labor Committee deferred 03/04/14.
House Status01/29/2014 - Referred to House Consumer & Human Resources Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 50, Chapter 7, relative to drug testing certain individuals for unemployment benefits.
SB1743 / HB1674 Allows employee to waive thirty-minute unpaid meal break.
CategoryLabor Law
SponsorsSen. Brian K. Kelsey / Rep. Debra Moody
DescriptionAllows an employee to waive their right to a thirty-minute unpaid meal break subject to the employer's discretion, and ends the requirement that the employee be principally employed in the food and beverage service industry.
Fiscal Note
(Dated January 28, 2014) NOT SIGNIFICANT
Senate Status01/23/2014 - Referred to Senate Commerce & Labor Committee.
House Status02/19/2014 - Taken off notice in House Consumer & Human Resources Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Section 50-2-103, relative to employee meal breaks.
SB1808 / HB1852 Employee Online Privacy Act of 2014.
CategoryLabor Law
SponsorsSen. Frank Niceley / Rep. Dennis E. Roach
DescriptionProhibits an employer from requesting or requiring an employee or an applicant from disclosing a password that allows access to the employee's or applicant's personal Internet account. Also prohibits the employer from compelling an employee or employer to add the employer or an employment agency to the employee's or applicant's list of contacts associated with a personal Internet account. Prohibits an employer from taking adverse action, failing to hire, or otherwise penalizing an employee or applicant because of a failure to disclose information or take an action specified regarding the employee or applicant's personal Internet account. Clarifies that an employer is not prohibited from requesting or requiring an employee to disclose a username or password used to gain access to an electronic communications device supplied by or paid for wholly or in part by the employer.
Senate Status01/23/2014 - Referred to Senate Commerce & Labor Committee.
House Status02/04/2014 - Referred to House Consumer & Human Resources Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 5; Title 6; Title 7; Title 8; Title 18; Title 49 and Title 50, relative to employee online privacy.
SB2126 / HB1954 Revises provisions concerning employment litigation in Tennessee.
CategoryLabor Law
SponsorsSen. Jack Johnson / Rep. Vance Dennis
DescriptionRemoves from the definition of a discriminatory practice the provision to Aid, abet, incite, compel or command a person to engage in any of the acts or practices declared discriminatory. Specifies that no individual employee or agent of an employer will be liable for any violation of human rights that an employer committed. Provides that the sum of the amount of compensatory damages awarded for future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other non-pecuniary losses, may not exceed, for each complaining party: (A) In the case of an employer who has eight or more but fewer than 15 employees at the time of the cause of action, $25,000; (B) In the case of an employer who has more than 15 employees but fewer than 101 at the time the cause of action arose, $50,000; (C) In the case of an employer who has more than 100 and fewer than 201 employees at the time the cause of action arose, $100,000; (D) In the case of an employer with more than 200 employees but less than 501 at the time the cause of action arose, $200,000; and (E) In the case of an employer with more than 500 employees at the time the cause of action arose, $300,000. Provides that damage limits will not apply to back pay, interest on back pay, front pay or any equitable relief. Specifies that no employee may be discharged or terminated solely for refusing to participate in or for refusing to remain silent about illegal activities who report those illegal activities to an individual or entity other than the employee's employer or the employer's corporate affiliate prior to the termination of the employment. Specifies that the statutory law governing discharge for refusal to participate in or remain silent about illegal activities or use of agricultural product repeals and supersedes common law with respect to any claim that could have been brought.
Senate Status01/29/2014 - Referred to Senate Commerce & Labor Committee.
House Status02/04/2014 - Referred to House Consumer & Human Resources Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4, Chapter 21; Title 8, Chapter 50 and Title 50, Chapter 1, relative to employment litigation in Tennessee.
SB2145 / HB1694 Minimum wage for certain employers who don't offer health benefits.
CategoryLabor Law
SponsorsSen. Reginald Tate / Rep. Mike Turner
DescriptionRequires employers with 20 or more employees to pay their employees a minimum of $8.25 per hour if they do not provide health benefits to them. Requires this rate and the standard minimum wage rate of $7.25 per hour to be adjusted by increases in the federal minimum wage or by cumulative increases in the cost of living, as measured by the consumer price index. Establishes other requirements for employers to comply with minimum wage changes. Provides an exemption from such wage requirements for certain forms of employment, such as outside salespersons whose earnings are based on a commission and taxicab and limousine drivers. Prohibits an employer from discharging, reducing the compensation of, or discriminating against an employee for using civil remedies to enforce the provisions of this statute.
Fiscal Note
(Dated February 7, 2014) Increase State Expenditures - $701,500 Increase Local Expenditures – Exceeds $100,000*
Senate Status01/29/2014 - Referred to Senate Commerce & Labor Committee.
House Status02/12/2014 - House Consumer & Human Resources Subcommittee deferred to 02/26/14.
CaptionAN ACT to amend Tennessee Code Annotated, Title 50, relative to wages.
SB2213 / HB2005 Tennessee Work-Share Act of 2014.
CategoryLabor Law
SponsorsSen. James F. Kyle Jr. / Rep. Craig Fitzhugh
DescriptionEnacts the "Tennessee Work-Share Act of 2014." Specifies the requirements for an employer seeking to participate in work-sharing program; such an employer must submit a signed written work-sharing plan to the administrator (the commissioner of labor and workforce) for approval. Requires the administrator to develop an application form to request approval of a short-time compensation plan and an approval process, and specifies what must be included in the application. The administrator is required to approve or disapprove of a work-sharing plan in writing within 30 days of its receipt and promptly communicate the decision to the employer; provides that disapproval shall clearly identify the reasons for disapproval. Provides that a work sharing plan shall be effective on the date that is mutually agreed upon by the employer and the administrator. Specifies the ground and procedure for termination of a work-sharing plan. Authorizes an employer to request a modification of an approved plan by filing a written request to the administrator, which the administrator must approve or disapprove within ten days of receipt and communicate the decision to the employer. Provides that an individual is eligible to receive work-sharing benefits with respect to any week only if the individual is monetarily eligible for unemployment and certain other requirements established in the statute are met. Establishes other requirements regarding an individual's work-sharing benefits and unemployment insurance. Except in certain conditions, provides that work-sharing benefits shall be charged to an employer's experience rating account in the same manner as unemployment insurance is charged under the charging provision of state unemployment insurance law.
Senate Status01/29/2014 - Referred to Senate Commerce & Labor Committee.
House Status02/04/2014 - Referred to House Consumer & Human Resources Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 50, relative to the Tennessee Work-Share Act of 2014.

Local Government - 8

SB236 / HB451 Property taken by eminent domain.
CategoryLocal Government
SponsorsSen. Stacey Campfield / Rep. Steve Hall
DescriptionProhibits more than twenty percent of any property taken pursuant to any condemnation proceeding from being leased to private companies. Grants rights of first refusal to the owner of land taken by eminent domain that after five years has not been converted to the purpose for which it was acquired.
Fiscal Note
(Dated: March 20 2013) Decrease State Revenue - Exceeds $100,000/Recurring/Highway Fund Increase State Expenditures - $10,000/Recurring/Highway Fund - Decrease Local Revenue - Exceeds $10,000/Recurring - Increase Local Expenditures - Exceeds $10,000/Mandatory* - Exceeds $10,000/Permissive.
Senate Status04/09/2013 - Taken off notice in Senate Judiciary Committee.
House Status02/21/2013 - Referred to House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 7, Chapter 31; Title 13, Chapter 20 and Title 29, relative to eminent domain.
SB1167 / HB1103 Eminent domain - limitation placed on owner's actions.
CategoryLocal Government
SponsorsSen. Doug Overbey / Rep. Mike Carter
DescriptionRevises various provisions governing eminent domain and the limitation placed on the owners' actions.
Fiscal Note
(Dated: March 17 2013) Not Significant.
Senate Status04/09/2013 - Taken off notice in Senate Judiciary Committee.
House Status03/27/2013 - House Civil Justice Subcommittee deferred to the first calendar of 2014.
CaptionAN ACT to amend Tennessee Code Annotated, Title 29, Chapter 16, relative to eminent domain and limitations of owners' actions.
SB1512 / HB1446 Revises provisions relative to public finance by local governments.
CategoryLocal Government
SponsorsSen. Ferrell Haile / Rep. Curtis G. Johnson
DescriptionProvides that following the issuance or execution of a finance transaction by a public entity that must be presented to the state funding board, if an open meeting of the board is not scheduled within the 45 day period, the public entity shall give a copy of the information to be presented to each member on the board within the 45 day time period and present the information at the next scheduled meeting. Extends the applicability of TCA: 09 - 21 - Part 1 and Par 4, regarding the issuance of notes by local governments, to the authorization and issuance of debt by any local government under TCA: 09 - 21. Amends the requirements for a local government submitting a budget to the comptroller after the issuance of any debt. Broadly Captioned.
Fiscal Note
(Dated February 11, 2014) NOT SIGNIFICANT
Senate Status01/15/2014 - Referred to Senate Finance, Ways & Means Committee.
House Status01/15/2014 - Referred to House Local Government Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4; Title 7; Title 9; Title 11; Title 12; Title 13; Title 40; Title 41; Title 42; Title 49; Title 64; Title 65; Title 68 and Title 69, relative to public finance.
SB1800 / HB2260 Eminent domain - definition of blighted revised.
CategoryLocal Government
SponsorsSen. Stacey Campfield / Rep. Steve Hall
DescriptionNarrows the definition of the areas that may be considered blighted for purposes of eminent domain. Adds to the definition of blighted property the requirement that the property in question must have been tax delinquent for a period of at least three years. Requires that prior to commencement of an eminent domain action to remediate blight, the owner of the property must be granted the opportunity to rehabilitate the property within a certain time constraints designated by law, or one year if no such constraints exist. Prohibits property from being considered blighted because of aesthetic conditions. Provides that the determination of a property as blighted shall not be a factor in the determination of another property as blighted. Provides that upon appeal by the property owner for the final judgment for damages, if the amount to be compensated to the owner is 40 percent greater than the last written offer by the condemning authority prior to filing the petition, the court shall award the owner reasonable attorney fees, expenses, and other related costs. If the amount to be compensated to the owner is a least 20 percent, but not more than 40 percent, greater than the last written offer, the court may award reasonable attorney fees, expenses, and other related costs.
Senate Status01/23/2014 - Referred to Senate Judiciary Committee.
House Status02/03/2014 - Referred to House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 13 and Title 29, relative to eminent domain.
SB1804 / HB1746 Obion County - juvenile court jurisdiction.
CategoryLocal Government
SponsorsSen. John Stevens / Rep. Bill Sanderson
DescriptionAllows a general session judge to exercise juvenile court jurisdiction, subject to local approval, upon the expiration of the incumbent's term, or in the event the office of the juvenile court judge is vacant.
Senate Status01/23/2014 - Local bill held on Senate clerk's desk.
House Status01/27/2014 - Withdrawn in House.
CaptionAN ACT to repeal Chapter 326 of the Private Acts of 1982; as amended by Chapter 28 of the Private Acts of 1999; and any other acts amendatory thereto, relative to the elimination of the juvenile court in Obion County.
SB2391 / HB2026 Annexation by ordinance abolished.
CategoryLocal Government
SponsorsSen. Bo Watson / Rep. Mike Carter
DescriptionAbolishes annexation by ordinance at the initiative of the municipality unless authorized countywide by the county legislative body for the remainder of the twenty-year term of the comprehensive county growth plan ratified and approved immediately following enactment of Chapter 1101 of the Public Acts of 1998.
Fiscal Note
(Dated February 12, 2014) Increase Local Expenditures – Exceeds $100/Permissive Other Fiscal Impact - Due to multiple unknown variables a precise fiscal impact to local government property tax revenue cannot be quantified.
Senate Status02/03/2014 - Referred to Senate State & Local Government Committee.
House Status02/04/2014 - Referred to House Local Government Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 6, Chapter 51 and Title 6, Chapter 58, relative to annexation.
SB2426 Publication of legal notices by local governments.
CategoryLocal Government
SponsorsSen. Dolores R. Gresham
DescriptionExpands the range of options available for towns, cities, and municipalities required to publish legal notices such as posting in public buildings, Internet sites, and neighboring newspapers.
Senate Status02/05/2014 - Referred to Senate State & Local Government Committee.
House StatusNone
CaptionAN ACT to amend Tennessee Code Annotated, Title 1, Chapter 3, Part 12; Title 6; Title 7 and Title 8, Chapter 21, Part 13, relative to legal notices.
HB1792 Knox County-administrative enforcement for ordinance violations.
CategoryLocal Government
SponsorsRep. Roger Kane
DescriptionAllows Knox County to increase the authorized maximum penalty for a violation of its county ordinances from $1,000 to $5,000, and provides certain factors that may be considered when accessing a civil penalty. Authorizes the county to assess damages proximately caused by the violator to the county which may include any reasonable expenses incurred in investigating and enforcing violations, reasonable attorney fees in any appeal and any other actual damages caused by the violation. Exempts Knox County from the requirement that in chartered counties, persons charged with violation of an ordinance in whole or in part will be tried in the court of general sessions, and any fines collected for such violation must be paid into the county general fund unless the ordinance otherwise provides. Instead, provides for the county mayor establishing and the county legislative body approving a procedure for appeal of the civil penalty or damage assessment. Establishes that whenever any damage assessment or civil penalty has become final because of a person's failure to appeal, the county may apply to the appropriate chancery court for a judgment and seek execution of such judgment. The court, in such proceedings, must treat the failure to appeal such damage assessment or civil penalty as a confession of judgment. The amount of the judgment will become a first and prior lien on the debtor's property found within this state; provided, however, that the lien will not have priority over prior liens running in favor of any governmental entity.
Senate StatusNone
House Status02/04/2014 - Referred to House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 5 and Title 16, relative to civil penalties.

Media & Publishing - 4

SB1016 / HB582 Changes to open record law.
CategoryMedia & Publishing
SponsorsSen. Mike Bell / Rep. Vance Dennis
DescriptionBroadens the open records law to include inter-local agreements; deletes certain records subject to the open records law; exempts certain records from the open records law; clarifies functions of the special fund for governmental tort liability; authorizes the commissioner of the department of commerce and insurance to examine the affairs of the special fund and to wind up the special fund in certain circumstances.
Fiscal Note
(Dated: March 21 2013) Increase State Expenditures - $1,500/One-Time - Other Fiscal Impact - Operational costs for risk pools and insurance pools with local government participation could increase which could ultimately result in increased local government expenditures for participation; the extent of any such increased expenditures are unknown and would be considered mandatory.
Senate Status02/08/2013 - Referred to Senate Commerce & Labor Committee.
House Status02/06/2013 - Referred to House Insurance & Banking Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 10; Title 12 and Title 29.
SB1830 / HB1731 Updates language in public records storage law.
CategoryMedia & Publishing
SponsorsSen. Ferrell Haile / Rep. Mary Littleton
DescriptionRemoves out-dated references to storage of electronic public records on CD-ROMs and instead authorizes storage in any appropriate electronic medium.
Fiscal Note
(Dated February 4, 2014) NOT SIGNIFICANT
Senate Status01/23/2014 - Referred to Senate State & Local Government Committee.
House Status01/29/2014 - Referred to House State Government Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 10, Chapter 7, relative to electronic storage of public records.
SB2344 / HB2379 Newspaper of general circulation defined.
CategoryMedia & Publishing
SponsorsSen. Bill Ketron / Rep. Susan Lynn
DescriptionDefines a "newspaper of general circulation" as a publication bearing a title or name, published in the form of a newspaper, published at regular intervals, published for the dissemination of news and matters of general interest, intended for circulation among the general public, and designated by resolution of a local legislative body as a newspaper of general circulation for the purpose of complying with the statutory requirement of providing public notice or adequate public notice for an action of a local legislative body, board, commission, or authority created by a governmental entity or another action or notice required by statute to be published.
Senate Status01/29/2014 - Referred to Senate Judiciary Committee.
House Status02/12/2014 - Referred to House State Government Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Section 1-3-105, relative to newspapers.
SB2546 / HB2468 Disclosure of identify for complaints against businesses.
CategoryMedia & Publishing
SponsorsSen. Jim Summerville / Rep. Glen Casada
DescriptionRequires that the identity of any person who makes a complaint against a business be disclosed if the complaint causes the business to be investigated by a state government agency.
Senate Status02/10/2014 - Referred to Senate Judiciary Committee.
House Status02/12/2014 - Referred to House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4; Title 10; Title 35; Title 38; Title 42; Title 43; Title 44; Title 45; Title 46; Title 47; Title 48; Title 49; Title 50; Title 53; Title 54; Title 55; Title 56; Title 57; Title 59; Title 60; Title 61; Title 62; Title 63; Title 64; Title 65; Title 66; Title 67; Title 68; Title 69; Title 70 and Title 71, relative to requiring the disclosure of the identities of persons who make complaints that result in government investigations.

Professions & Licensure - 4

SB1013 / HB997 Licensing of professionals - defaulting on student loans.
CategoryProfessions & Licensure
SponsorsSen. Mike Bell / Rep. Kevin Brooks
DescriptionEncourages the supreme court to include in its disciplinary guidelines a process where a disciplined attorney's license is restored when the attorney is no longer in student loan default or in an approved payment plan. Requires TSAC to report to the supreme court or other licensing authority when certain persons in default on student loans have entered an approved payment plan, in addition to repaying the defaulted student loan in full.
Fiscal Note
(Dated: March 7 2013) Not Significant.
Senate Status02/08/2013 - Referred to Senate Commerce & Labor Committee.
House Status04/02/2013 - Taken off notice in House State Government Committee.
CaptionAN ACT to amend Tennessee Code Annotated, Section 3-6-309; Section 23-3-111; Section 49-4-210; Section 49-5-108; Section 49-7-2144; Section 56-1-109; Section 56-1-312 and Section 63-1-141, relative to licensing.
SB1502 / HB1494 Certain physician assistants to perform duties of a physician.
CategoryProfessions & Licensure
SponsorsSen. Mark Green / Rep. Ryan Williams
DescriptionUnder present law, in regards to the involuntary admission of an individual to an inpatient mental health facility, the commissioner may designate a person to take any action authorized or duty imposed on a physician if the person is a qualified mental health official, is licensed or certified to practice in the state if required for the profession, and completes a training program on emergency commitment criteria and procedures that is approved and provided by the department. This bill adds a "licensed physician's assistant with a master's degree and expertise in psychiatry as determined by training, education or experience" to the persons the commissioner may so designate, if the person meets the other described requirements.
AmendmentHouse Health Subcommittee amendment 1 (012165) inserts the language "the department based upon" between the language "as determined by" and "training, education or experience" in the amendatory language of Section 1.
Fiscal Note
(Dated January 24, 2014) NOT SIGNIFICANT
Senate Status02/03/2014 - Senate passed.
House Status02/19/2014 - House Health Committee deferred to 02/26/14.
CaptionAN ACT to amend Tennessee Code Annotated, Title 33, relative to physician assistants.
SB1620 / HB1416 Fingerprints for applicants applying to be a real estate appraiser.
CategoryProfessions & Licensure
SponsorsSen. Mark S. Norris / Rep. Gerald McCormick
DescriptionRequires applicants for an initial registration, license, or certification as a real estate appraiser to submit a full set of fingerprints in order to obtain criminal history records. Allows the Real Estate Appraiser commission to require fingerprints be submitted in an electronic format. Permits the commission to contract or use existing state contracts for the collection and transmission of fingerprints and in doing so order the applicant to pay the fee for collecting and transmitting the fingerprints. Requires that all information obtained be treated as confidential. Broadly captioned. (Part of Administration Package)
AmendmentSenate amendment 1 (011678) Corrects various license-type references. House Business & Utilities Committee amendment 1 (012068) Clarifies language in Section 1. Adds the language "applicant for initial registration, Licensure, or Certification" before section (A). Adds any person applying for a reciprocal registration to Section 1 (B).
Fiscal Note
(Dated January 27, 2014) Increase State Expenditures - $2,500/One-Time/Real Estate Appraisers Commission Other Fiscal Impact - The estimated $6,300 fee revenue collected from applicants for fingerprint sampling will be offset with identical expenditures attributed to those vendors contracted for collection and transmission.
Senate Status02/10/2014 - Senate passed with amendment 1 (011678), which corrects various license-type references.
House Status02/19/2014 - House Finance Subcommittee recommended. Sent to House Finance Committee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 62, Chapter 39, relative to fingerprinting real estate appraisers.
SB2133 / HB1856 Exempts certain entities from the Tennessee Collection Service Act.
CategoryProfessions & Licensure
SponsorsSen. Jack Johnson / Rep. Kelly Keisling
DescriptionClarifies that the definition of "collection service" does not include any person that engages in, or attempts to engage in, the collection of notes or guarantees. Exempts certain entities, including any state or national bank, state or federal mutual savings bank, state or federal savings institution, state or federal credit union, and any industrial loan and thrift company from the "Tennessee Collection Service Act."
AmendmentHouse Business & Utilities Committee Amendment 1 (012726) provides a technical change.
Fiscal Note
(Dated February 9, 2014) Decrease State Revenue - $35,000
Senate Status02/11/2014 - Senate Commerce & Labor Committee deferred to 02/25/14.
House Status02/19/2014 - House Business & Utilities Committee recommended with amendment 1 (012726), which provides a technical change. Sent to House Finance.
CaptionAN ACT to amend Tennessee Code Annotated, Title 62, Chapter 20, relative to collection service.

Property & Housing - 23

SB53 / HB33 Development standards for selected types of developments.
CategoryProperty & Housing
SponsorsSen. Ken Yager / Rep. Kelly Keisling
DescriptionAllows designated types of developments to adhere to the development standards that were in effect when the developments were approved. Establishes an initial vesting period between one to three years in which the approval of a project shall remain valid. If no construction on project has commenced at the end of the designated initial vesting time frame then the approval of the project shall be expired. The developer can appeal the expiration to the chancery court of the county in which the project is located. Also establishes that the project can be developed under the standards in existence at the time of approval.
AmendmentHouse State Government Subcommittee amendment 1 (004971) rewrites the bill but does not change substantially what the original bill did and only makes styling changes to the form of the bill.
Fiscal Note
(Dated: January 28 2013) Other Fiscal Impact - Due to several unknown factors associated with future property tax assessments, property developments, and property tax collections by local governments, a precise fiscal impact cannot be determined; however, the net fiscal impact to local government is estimated to be not significant.
Senate Status03/27/2013 - Senate State & Local Government Committee deferred to 04/02/13.
House Status03/27/2013 - Failed in House State Government Subcommittee after adopting amendment 1.
CaptionAN ACT to amend Tennessee Code Annotated, Section 13-3-413 and Section 13-4-310, relative to the time frame of development standards.
SB241 / HB452 Requires property liens be based on a written contract.
CategoryProperty & Housing
SponsorsSen. Stacey Campfield / Rep. Steve Hall
DescriptionSets a requirement that property liens greater than $10,000 be based on a written contract or agreement, except in situations where the property lien arises from a judgment.
Fiscal Note
(Dated: February 18 2013) Not Significant.
Senate Status02/26/2013 - Taken off notice in Senate Judiciary.
House Status02/05/2013 - Referred to House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 66, relative to liens.
SB391 / HB1221 Life estate to exist on the date of creation.
CategoryProperty & Housing
SponsorsSen. Steve Southerland / Rep. David B. Hawk
DescriptionRequires that when determining eligibility for medical assistance a life estate is deemed to exist on the date of creation instead of on the date of registration.
Fiscal Note
(Dated: March 17 2013) Other Fiscal Impact - According to the Bureau of TennCare, $15,314,545 was collected in estate recoveries for long-term care in 2012. The number of TennCare enrollees who would utilize an unrecorded transfer to avoid estate collections cannot be quantified with certainty. Lost estate recoveries will be experienced as foregone revenue that would have reimbursed the state and federal government long-term care expenditures.
Senate Status01/31/2013 - Referred to Senate Judiciary.
House Status02/27/2013 - Referred to House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 66 and Title 71, relative to certain property interests in the determination of eligibility for medical assistance.
SB537 / HB273 Publication notices for sale of land.
CategoryProperty & Housing
SponsorsSen. Mike Bell / Rep. Glen Casada
DescriptionRequires the first publication for sales of land for execution to be posted no more than 30 days, instead of at least 20 days, prior to the sale. Changes the length of posting of advertisements for sales on execution to no more than 30 days, instead of at least 20 days for land and 10 days for all kinds of other property. Broadly captioned.
Fiscal Note
(Dated: March 15 2013) Not Significant.
Senate Status03/19/2013 - Taken off notice in Senate Commerce & Labor Committee.
House Status03/19/2013 - House Business & Utilities Subcommittee deferred 1/1/2014.
CaptionAN ACT to amend Tennessee Code Annotated, Title 26 and Title 30, relative to real and personal property exemptions.
SB585 / HB276 Notice of and hearing for proposed zoning changes.
CategoryProperty & Housing
SponsorsSen. Jack Johnson / Rep. Glen Casada
DescriptionRequires a local board of zoning appeals or local legislative body, prior to certifying or adopting a zoning plan or updating a zoning ordinance, to notify all affected landowners of such actions and conduct a public hearing to obtain input from all affected landowners.
Fiscal Note
(Dated: March 8 2013) Increase Local Expenditures - Exceeds $11,000.
Senate Status02/08/2013 - Referred to Senate State & Local Government.
House Status02/21/2013 - Referred to House Local Government Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 13, Chapter 7, relative to zoning.
SB602 / HB1070 Liens - priority over mortgages.
CategoryProperty & Housing
SponsorsSen. John Stevens / Rep. Barrett Rich
DescriptionRequires that the lien of a deed of trust to finance improvement to real property granted by the real property owner take priority over certain other liens if filed with the county's register of deeds within 20 days after execution.
Fiscal Note
(Dated: February 18 2013) Not Significant.
Senate Status03/19/2013 - Taken off notice in Senate Commerce & Labor Committee.
House Status02/20/2013 - Referred to House Business & Utilities Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Section 66-11-108, relative to mortgages.
SB737 / HB671 Termination of a rental agreement for victims of abuse & stalking.
CategoryProperty & Housing
SponsorsSen. Reginald Tate / Rep. G.A. Hardaway
DescriptionPermits a tenant to terminate a residential rental agreement or lease agreement entered into or renewed on or after July 1, 2013, upon the tenant providing the landlord with written notice stating that the tenant or a household member is the victim of domestic abuse, sexual assault, or stalking. Requires the tenant, in addition to providing written notice, to provide documentation verifying that tenant is a victim such as a copy of a valid order of protection. Prohibits a landlord from revealing any identifying information concerning a tenant who has terminated a lease without the written consent of the victim.
Fiscal Note
(Dated: March 10 2013) Not Significant.
Senate Status02/08/2013 - Referred to Senate Commerce & Labor Committee.
House Status02/18/2014 - Taken off notice in House Business & Utilities Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 36, Chapter 3, Part 6 and Title 66, relative to residential leases and rental agreements.
SB759 / HB1143 Tennessee Time-Share Act - increase fees.
CategoryProperty & Housing
SponsorsSen. Jack Johnson / Rep. Pat Marsh
DescriptionIncreases the registration fee for acquisition agents and their representatives, as defined in the Tennessee Time-Share Act of 1981, from twenty-five dollars to fifty dollars.
Fiscal Note
(Dated: March 12 2013) Not Significant.
Senate Status02/08/2013 - Referred to Senate Commerce & Labor Committee.
House Status02/21/2013 - Referred to House Business & Utilities Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 66, relative to property.
SB864 / HB716 Sale of tangible property by fiduciary.
CategoryProperty & Housing
SponsorsSen. Reginald Tate / Rep. Gary Odom
DescriptionAllows fiduciary to sell each item of tangible property with a fair market value of less than $2,000 instead of less than $1,000 without specific court approval.
Fiscal Note
(Dated: March 17 2013) Not Significant.
Senate Status04/09/2013 - Taken off notice in Senate Judiciary Committee.
House Status02/06/2013 - Referred to House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 30, Chapter 3; Title 33; Title 34 and Title 71, relative to conservatorships.
SB1014 / HB109 Private property rights without due process of law.
CategoryProperty & Housing
SponsorsSen. Mike Bell / Rep. Sheila Butt
DescriptionProhibits the state of Tennessee or any political subdivision from adopting or implementing policy recommendations that intentionally or inadvertently infringe upon or restricts private property rights without due process of law. Prohibits the state of Tennessee or any political subdivision of the state from entering into any agreement, expend any sum of money, or receive funds contracting services, or give financial aid to or from any non-governmental and intergovernmental organization engaging in sustainable development policies.
Fiscal Note
(Dated: March 26 2013) Other Fiscal Impact - There is a potential fiscal impact to state and local government revenue and expenditures. Due to multiple unknown factors, the net fiscal impact for this bill cannot be quantified with reasonable certainty.
Senate Status02/08/2013 - Referred to Senate State & Local Government.
House Status02/21/2013 - Referred to House State Government Subcommittee.
CaptionAN ACT amend Tennessee Code Annotated, relative to the protection of private property rights.
SB1067 / HB685 Judgment lien on real estate.
CategoryProperty & Housing
SponsorsSen. Charlotte Burks / Rep. Charles Curtiss
DescriptionClarifies that real property, not personal property, is addressed by the provision creating a judgment lien on real estate. Requires that any abstract of a judgment lien on real property that is recorded include certain information.
AmendmentHOUSE AMENDMENT 1 (004153) rewrites the bill and provides the following in regard to the removal of invalid liens: (1) If a judgment, decree or other such document affecting title, possessions or use of property is registered as a lien against the property of a person, and such person is not the person against whom the judgment, decree or other document is entered, the lien may be removed by a court of competent jurisdiction upon a showing by a preponderance of evidence that it is not a valid lien against such property; (2) A person who successfully has a lien removed pursuant to this amendment may recover all damages incurred as a result of the judgment lien being filed on the property. The action will be against the person responsible for registering the judgment lien and damages will include the costs, including attorney fees, incurred in removing the lien; and (3) This amendment will not apply to a licensed attorney who prepares a document covered by this amendment in the course or representing a client. SENATE JUDICIARY COMMITTEE AMENDMENT 1 (006648) deletes all language after the enacting clause and rewrites the bill so as to provide a procedure for making a lien holder liable for court costs and attorney fees for wrongfully refusing to release a lien that was improperly filed against real property. Upon written request, a lien holder that obtains the lien against real property has 10 days to record a proper release of the lien if the property owner is not the person against whom the judgment, decree or other attachments, orders, injunctions, and other writs were entered. If the lien holder does not record the release within 10 days, then the lien holder may be liable to the party requesting the release for all reasonably expenses, attorney's fees, and the court costs incurred in the action. The bill does not apply to a licensed attorney who prepares a document covered by the bill in the course of representing a client.
Fiscal Note
(Dated: March 7 2013) Not Significant.
Senate Status04/09/2013 - Taken off notice in Senate Judiciary Committee after adopting amendment 1.
House Status03/28/2013 - House passed with amendment 1.
CaptionAN ACT to amend Tennessee Code Annotated, Title 25, Chapter 5, relative to judgments.
SB1109 / HB533 Writ of possession - 24 hour notice to remove and liability.
CategoryProperty & Housing
SponsorsSen. James F. Kyle Jr. / Rep. Johnnie Turner
DescriptionRequires 24 hours written notice prior to the execution of the writ of possession. Specifies time period for such writ to be executed. Requires plaintiff to compile an inventory list of defendant's personal property prior to removal but at the time of execution. Grants cause of action to defendant if plaintiff does not create an inventory list.
Fiscal Note
(Dated: March 11 2013) Increase State Expenditures - $100,000 - Increase Local Expenditures - $100,000.
Senate Status03/19/2013 - Senate Commerce & Labor Committee deferred to next meeting.
House Status03/19/2013 - Taken off notice in House Business & Utilities Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 29, Chapter 15; Title 29, Chapter 18, Part 1 and Title 66, Chapter 28, relative to writ of possession.
SB1372 / HB1243 Redefines owner for purposes of mechanics' and materialmen's liens.
CategoryProperty & Housing
SponsorsSen. Todd Gardenhire / Rep. Richard Floyd
DescriptionRedefines an owner regarding mechanics' and materialmen's liens to include lien claimants that seek to attach or sell under process, in addition to other types of owners.
AmendmentHOUSE AMENDMENT 1 (004560) rewrites the bill. Makes changes to the Methods of Enforcement for Mechanics' and Materialmen's Liens. Specifies that liens shall be served upon the persons whose interests the prime contractor or the remote contractor seeks to attach and sell under process, with the owner(s) being given notice only of the filing of such warrant and writ of attachment. Specifies that when a bond has been provided with the lien being enforced by an action on the bond, the action shall be served upon the principal of the bond, rather than the owner(s). Specifies that these changes shall apply to any lien based on work or labor performed on or after the effective date of July 1, 2013. SENATE AMENDMENT 1 (012544) makes the bill. Contains the same language from the House Amendment 1 (004560) only it makes technical corrections and changes the effective date to July 1, 2014. SENATE AMENDMENT 3 makes technical corrections.
Fiscal Note
(Dated: March 14 2013) Not Significant.
Senate Status02/20/2014 - Senate deferred to 02/24/2014 after S/C to the House bill and adopting amendments 1 (012544) and 3. Amendment 1 makes the bill. Contains the same language from the House Amendment 1 (004560) only it makes technical corrections and changes the effective date to July 1, 2014. Amendment 3 makes technical corrections.
House Status04/10/2013 - House passed with amendment 1.
CaptionAN ACT to amend Tennessee Code Annotated, Title 66, Chapter 11, relative to liens.
SB1787 / HB1573 Shortens termination time for landlords in breached rental agreements.
CategoryProperty & Housing
SponsorsSen. Ferrell Haile / Rep. Sheila Butt
DescriptionDecreases the amount of notice a landlord is required to give a tenant before terminating a rental agreement. It eliminates the initial 30 day notice requirement for termination of a rental agreement that is in breach. For reoccurring violations within a six month time period the required notice from a landlord to the tenant for termination of the rental agreement is reduced from 14 days to seven days, and if the breach cannot be remedied by payment or repairs the landlord's notice of termination requirement is reduced from 30 days to 14 days.
Fiscal Note
(Dated February 2, 2014) NOT SIGNIFICANT
Senate Status02/12/2014 - Senate passed.
House Status01/23/2014 - Referred to House Business & Utilities Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 66, Chapter 28, relative to the uniform residential landlord and tenant act.
SB1788 / HB1408 Forcible entry and detainer actions - decreased appeal time period.
CategoryProperty & Housing
SponsorsSen. Ferrell Haile / Rep. William G. Lamberth
DescriptionAllows a general sessions judgment for a forcible entry and detainer action to be appealed in three days instead of 10 days.
AmendmentHouse Business & Utilities Committee Amendment 1 (012722) allows for the appealing party to petition the judge that execution of the judgment in three days would result in an undue hardship to the defendant. In such a case, the judge may permit up to 10 days to appeal. Makes technical corrections in the drafting language.
Fiscal Note
(Dated February 1, 2014) NOT SIGNIFICANT
Senate Status02/18/2014 - Senate Judiciary Committee deferred to 02/25/14.
House Status02/20/2014 - Referred to House Civil Justice Committee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 27, Chapter 5, Part 1 and Title 29, Chapter 18, Part 1, relative to evictions.
SB2028 / HB1830 Reorganizes eminent domain law.
CategoryProperty & Housing
SponsorsSen. Joey Hensley / Rep. Joe Carr
DescriptionReorganizes existing eminent domain law in Tennessee Code Annotated. Amends TCA Title 6; Title 7; Title 9; Title 11; Title 12; Title 13; Title 29; Title 42; Title 54; Title 59; Title 64; Title 65; Title 68; Title 69 and Title 70. Broadly captioned.
Fiscal Note
(Dated February 10, 2014) NOT SIGNIFICANT
Senate Status01/29/2014 - Referred to Senate Judiciary Committee.
House Status02/19/2014 - House Civil Justice Subcommittee recommended. Sent to House Civil Justice Committee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 6; Title 7; Title 9; Title 11; Title 12; Title 13; Title 29; Title 42; Title 54; Title 59; Title 64; Title 65; Title 68; Title 69 and Title 70, relative to eminent domain.
SB2081 / HB2251 Removes requirement for real estate appraiser renewal application.
CategoryProperty & Housing
SponsorsSen. Mark S. Norris / Rep. Glen Casada
DescriptionDeletes requirement that a real estate appraiser must file a renewal application for a current, valid license 30 days prior to the expiration date of the license. Deletes requirement that a real estate appraiser must file a renewal application and pay a renewal fee to renew a certificate 30 days prior to the expiration date.
Fiscal Note
(Dated February 6, 2014) NOT SIGNIFICANT
Senate Status01/29/2014 - Referred to Senate Commerce & Labor Committee.
House Status02/19/2014 - House Business & Utilities Committee recommended. Sent to House Calendar & Rules.
CaptionAN ACT to amend Tennessee Code Annotated, Title 62, Chapter 39, Part 3, relative to real estate appraisers.
SB2177 / HB1982 Order of protection for organized group of residents.
CategoryProperty & Housing
SponsorsSen. Stacey Campfield / Rep. Antonio Parkinson
DescriptionAllows homeowners' associations, neighborhood associations, neighborhood watch or any organized group of residents that live within a residential area to seek an order of protection against offenders convicted of three or more offenses of the crimes of theft, burglary, rape or criminal homicide.
Senate Status01/29/2014 - Referred to Senate Judiciary Committee.
House Status02/04/2014 - Referred to House Criminal Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 39 and Title 40, relative to criminal offenders.
SB2198 / HB2060 Restrictions on homeowners' associations.
CategoryProperty & Housing
SponsorsSen. Jack Johnson / Rep. Jeremy Durham
DescriptionProhibits a homeowners' association from barring any person from parking on any public street located within any county or municipality unless expressly authorized by the legislative body of the county or municipality. Specifies that any provision of a governing document of a homeowners' association that restricts parking on any public street is declared null and void. Also specifies that any fees or fines imposed by any homeowners' association for any public street parking violation shall be unenforceable and of no legal effect in a court of law. Restricts the ability of homeowners' associations to ban political signs on private property and to impose fines in excess of the monthly dues owed by property owners within the homeowners' association.
Fiscal Note
NOT SIGNIFICANT
Senate Status01/29/2014 - Referred to Senate State & Local Government Committee.
House Status02/11/2014 - Taken off notice in House Business & Utilities Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 20; Title 25; Title 48 and Title 66, relative to homeowners associations.
SB2299 / HB1689 Penalties for landlords who fail to repair code violations.
CategoryProperty & Housing
SponsorsSen. Randy McNally / Rep. Dale Carr
DescriptionSpecifies that in every lease of residential premises, the landlord covenants to maintain the premises in compliance with the applicable health and safety laws of this state and any applicable ordinance of the local government in which the residential premises are located during the term of the lease, except when the violation is caused by the willful, malicious, or irresponsible conduct of the tenant, or person under the direction or control of the tenant. Also specifies that the parties to a lease of residential premises may not waive or modify the covenants imposed by this bill. Requires the landlord of residential premises to: (1) Disclose to the residential tenant either in the rental agreement or otherwise in writing prior to the commencement of the tenancy the name and address of the person authorized to manage the premises and the landlord of the premises or an agent authorized by the landlord to accept service of process and receive and give receipt for notices and demands; (2) Place a printed or typewritten notice containing the information required to be disclosed by this bill in a conspicuous place on the premises; and (3) Provide a copy of all outstanding inspection orders for which a citation has been issued, pertaining to a rental unit or common area, that specifies the code violations issued that the housing inspector identifies as threatening the health or safety of the tenant, and all outstanding condemnation orders and declarations that the premises are unfit for human habitation to: a tenant, either by delivery or by U.S. mail, postage prepaid, within 72 hours after issuance of the citation; a person before signing a lease of paying rent or a security deposit to begin a new tenancy; and a person prior to obtaining new ownership of the property subject to the order or declaration of an inspection. Requires a local governmental entity charged with enforcing the code claimed to be violated by a landlord to inspect the residential premises where the alleged violation is occurring upon the request of a residential tenant or housing-related neighborhood organization. After the local governmental entity has inspected the residential building, the inspector must inform the landlord or the landlord's agent and the residential tenant or housing-related neighborhood organization in writing of any code violations discovered during the inspection. The inspector must indicate on the inspection order whether the violation threatens the health or safety of a tenant or a prospective tenant. The local governmental entity must give the landlord or the landlord's agent at least 60 days to correct the violation and may issue reasonable extensions as necessary. Specifies that a landlord, agent, or person acting under the landlord's direction or control may not accept rent or a security deposit for residential rental property from a tenant after the leased premises have been condemned or declared unfit for human habitation by the applicable state or local governmental entity if the tenancy commenced after the premises were condemned or declared unfit for human habitation. Provides that an action to enforce this bill may be brought in chancery or general sessions court by a residential tenant of a residential building in which a violation is alleged to exist.
Senate Status01/29/2014 - Referred to Senate Commerce & Labor Committee.
House Status01/23/2014 - Referred to House Business & Utilities Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4; Title 5; Title 6; Title 13; Title 16; Title 27; Title 39; Title 40; Title 66 and Title 68, relative to housing code violations of rented residential property.
SB2334 / HB1864 Nonrecourse Mortgage Loan Act - covenants as a nonrecourse carveout.
CategoryProperty & Housing
SponsorsSen. Brian K. Kelsey / Rep. Steve McManus
DescriptionEnacts the Nonrecourse Mortgage Loan Act, which prohibits post-closing solvency covenants from being used, directly or indirectly, as a nonrecourse carveout or as the basis for the claim or action against a borrower, guarantor, or other surety on a nonrecourse plan. Clarifies that the statute does not prohibit a loan secured by a mortgage on real property located in this state from being fully recourse to the borrower of the guarantor, including, but not limited to, as a result of a post-closing solvency covenant, if the loan documents for the loan do not contain nonrecourse loan provisions.
Fiscal Note
(Dated February 17, 2014) NOT SIGNIFICANT
Senate Status01/29/2014 - Referred to Senate Commerce & Labor Committee.
House Status02/04/2014 - Referred to House Insurance & Banking Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 45; Title 47 and Title 66, relative to the nonrecourse mortgage loan act.
SB2375 / HB2275 Quality of property description verified.
CategoryProperty & Housing
SponsorsSen. Todd Gardenhire / Rep. Art Swann
DescriptionSurveyors - As introduced, requires licensed land surveyors to verify in a written report the quality of a property description in certain transfer documents prior to the transfer of title to any interest in real property in the state. - Amends TCA Title 8; Title 35; Title 47, Chapter 10; Title 62, Chapter 18 and Title 66.
Senate Status01/30/2014 - Referred to Senate Commerce & Labor Committee.
House Status02/05/2014 - Referred to House Business & Utilities Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 8; Title 35; Title 47, Chapter 10; Title 62, Chapter 18 and Title 66, relative to land surveyors.
SB2413 / HB2276 Davidson County - residential landlord registration.
CategoryProperty & Housing
SponsorsSen. Douglas Henry Jr. / Rep. Brenda Gilmore
DescriptionRequires any landlord registering in Davidson county to provide the landlord's or their agent's physical address to the department of codes and building safety. Also requires the landlord or their agent to notify the department if any such information changes, or if ownership of the dwelling units changes, within thirty (30) days of such change.
Senate Status02/05/2014 - Referred to Senate Commerce & Labor Committee.
House Status02/05/2014 - Referred to House Business & Utilities Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 13; Title 29, Chapter 3; Title 37; Title 39; Title 40; Title 55 and Title 66, Chapter 28, relative to residential landlord registration.

Public Employees - 13

SB413 / HB846 Solicitor general to defend cases for the state.
CategoryPublic Employees
SponsorsSen. Jim Summerville / Rep. John Ragan
DescriptionCreates the office of solicitor general to act in any case where the attorney general and reporter refuse to act. Establishes that the solicitor general should be appointed by a joint vote of the general assembly for a term of four years and must be licensed to practice law in the state of Tennessee.
Fiscal Note
(Dated: February 28 2013) On February 27, 2013, a fiscal note was issued with an incorrect summary. The summary mischaracterized the duties of the Attorney General and Reporter and the newly created Office of the Solicitor General. The fiscal impact remains unchanged. - Increase State Expenditures - $12,000/One-Time - $215,000/Recurring.
Senate Status02/05/2013 - Referred to Senate Government Operations.
House Status03/20/2013 - Taken off notice in House State Government Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 8, relative to public officers.
SB494 / HB326 Additional duties for attorney general and reporter.
CategoryPublic Employees
SponsorsSen. Mark Green / Rep. Joe Carr
DescriptionAllows the governor to employ special counsel in certain situations and requires the attorney general and reporter to notify the speaker of each house of the general assembly and the governor when the attorney general and reporter are both of the opinion that certain legislation is not constitutional and choose not to defend its validity.
Fiscal Note
(Dated: March 7 2013) Other Fiscal Impact - Cases in which the Speakers or the Governor elects to hire outside counsel will result in an increase in state expenditures of at least $5,000 per case for legal fees and expenses, depending on the nature, complexity and duration of each case. The circumstances under which this scenario may arise are not known and a more precise fiscal impact of this bill therefore cannot reasonably be determined.
Senate Status02/05/2013 - Referred to Senate Judiciary.
House Status03/20/2013 - Taken off notice in House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 8, relative to defending the constitutionality and validity of enacted legislation.
SB497 / HB419 Conflict of interest regarding lawsuits against government.
CategoryPublic Employees
SponsorsSen. Stacey Campfield / Rep. Harry Brooks
DescriptionAttempts to prevent potential conflicts of interest by preventing full-time law faculty members of state law schools from receiving compensation from lawsuits against the government.
Fiscal Note
(Dated: February 17 2013) Not Significant.
Senate Status04/09/2013 - Taken off notice in Senate Judiciary Committee.
House Status03/20/2013 - House Civil Justice Subcommittee deferred to summer study.
CaptionAN ACT to amend Tennessee Code Annotated, Title 8, Chapter 30; Title 8, Chapter 50; Title 23 and Title 49, Chapter 7, relative to law school legal aid clinics.
SB624 / HB1004 Insurance to protect against breach of fiduciary duty.
CategoryPublic Employees
SponsorsSen. Mark S. Norris / Rep. Curry Todd
DescriptionAllows governmental entities to obtain certain insurance policies to insure against breach of fiduciary duty by public officials and employees. Specifies that such policy have limits of up to $400,000 per occurrence.
AmendmentSenate State & Local Government Committee amendment 1 (005519) deletes all language after the enacting clause. Requires the Tennessee Advisory Commission on Intergovernmental Relations (TACIR) to conduct a study of official surety bond requirement satisfaction by insurance policy coverage during the summer and fall of 2013; requires TACIR to report to the Senate State and Local Government Committee as well as the House Local Government Committee by January 31, 2014.
Fiscal Note
(Dated: March 17 2013) Other Fiscal Impact - Authorizing the purchase of insurance policies in lieu of the purchase of surety bonds for local governments may increase tort liability for such local governments. To this extent, local government expenditures could increase if the number of lawsuits against local government entities increase. In addition, there should be a recurring decrease in local government expenditures because the cost associated with insurance policies are deemed less expensive than the cost associated with surety bonds. The extent of any such impacts is dependent upon multiple unknown factors and cannot be precisely determined.
Senate Status04/10/2013 - Re-referred to Senate Calendar Committee.
House Status03/26/2013 - House State Government Subcommittee referred bill to TACIR for study.
CaptionAN ACT to amend Tennessee Code Annotated, Title 8 and Title 29, relative to insurance to protect against certain acts and omissions by government officials and employees.
SB725 / HB913 Revises employees' rights in public employee organizations.
CategoryPublic Employees
SponsorsSen. Stacey Campfield / Rep. Glen Casada
DescriptionRequires public employee organizations and certain state employee associations to receive a prior written authorization from any employee making payments toward the association. Establishes procedure for such employee to specify where the employee's dues are directed. Stops such organization's or association's dues from being deducted if it is determined that 20 percent, instead of 25 percent, of workers participate in or encourage a work stoppage. Lowers the period of time that certain chief elected officers of such associations may take for a leave of absence. Lowers the number of certain officers and employees from such associations that are entitled to annual leave to attend certain meetings.
AmendmentSenate Commerce & Labor Committee amendment 1 (004785) rewrites the bill. Requires a state employee association to allow every member to indicate on the member's membership application that none of such member's dues may be directed to or used by the association's political action committee. Requires such association, upon request by a member, to account for and report expenses. Specifies such requirements only apply to a state employee association that qualifies for dues deductions pursuant to Tenn. Code Ann. § 8-23-204. Requires the Commissioner of Finance and Administration to cease and discontinue deducting membership dues for an organization or association if the Commissioner determines that 20 percent or more rather than 25 percent or more of the members of such organization or association in a single work location or facility have engaged in a work stoppage. Reduces, from five to four percent, the total number of state employees who are entitled to attend a statewide meeting of an employee association.
Fiscal Note
(Dated: February 28 2013) Not Significant.
Senate Status03/27/2013 - Failed in Senate Commerce & Labor Committee, after adopting amendment 1.
House Status04/02/2013 - House State Government Committee deferred to 2014.
CaptionAN ACT to amend Tennessee Code Annotated, Title 8, Chapter 23 and Title 8, Chapter 50, relative to public officers and employees.
SB858 / HB675 Filing of complaint by state employees under TEAM Act.
CategoryPublic Employees
SponsorsSen. Reginald Tate / Rep. Johnnie Turner
DescriptionExtends the time a state employee has to file a complaint from fourteen days to twenty-one days after the employee became aware, or by the exercise of reasonable diligence should have become aware, of the occurrence giving rise to the complaint.
Fiscal Note
(Dated: February 15 2013) Not Significant.
Senate Status03/19/2013 - Senate State & Local Government Committee deferred to 03/26/13.
House Status02/07/2013 - Referred to House State Government Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4, Chapter 5 and Title 8, Chapter 30, relative to grievance procedure for state employees.
SB1198 / HB1061 Constables - requirements for uniforms and patrol cars.
CategoryPublic Employees
SponsorsSen. Jim Summerville / Rep. David Shepard
DescriptionAllows the sheriff in any county to waive any official uniform requirements for constables in such county, so long as the uniform the constable wears is easily recognizable as the uniform of a law enforcement officer. Authorizes the sheriff in any county to waive requirements for a particular color scheme, stripe design, or other emblem on patrol cars driven by constables in such county, so long as the vehicle is easily recognizable as the vehicle of a law enforcement officer.
Fiscal Note
(Dated: March 13 2013) Not Significant.
Senate Status04/10/2013 - Taken off notice in Senate State & Local Government Committee.
House Status04/01/2013 - House passed.
CaptionAN ACT to amend Tennessee Code Annotated, Title 8, Chapter 10, relative to constables.
SB1289 / HB1063 Disclosures to TN ethics commission.
CategoryPublic Employees
SponsorsSen. Janice Bowling / Rep. Susan M. Lynn
DescriptionRequires certain public officials and employees to disclose to the Tennessee ethics commission any ownership interest in which the person making disclosure, that person's spouse, or minor children residing with that person, has in any real property other than the person or spouse's primary residence. Such disclosure must include the address of the real property and the month and year of acquisition.
Fiscal Note
(Dated: February 20 2013) Not Significant.
Senate Status03/26/2013 - Senate State & Local Government Committee deferred to 03/27/13.
House Status03/12/2013 - Returned to House clerk's desk by the House Local Government Committee pursuant to Rule 83 (2).
CaptionAN ACT to amend Tennessee Code Annotated, Title 8, Chapter 50, relative to conflicts of interest.
SB1809 / HB1808 Requires binding Attorney General opinions.
CategoryPublic Employees
SponsorsSen. Frank Niceley / Rep. Mike Carter
DescriptionRequires opinions written by the attorney general to be considered binding on state and local government entities until overturned by a court or changed in the law by the general assembly.
Fiscal Note
(Dated February 9, 2014) NOT SIGNIFICANT
Senate Status01/23/2014 - Referred to Senate Judiciary Committee.
House Status02/12/2014 - Taken off notice in House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 8, Chapter 6, relative to opinions by the attorney general and reporter.
SB1911 Prohibits keeping information on employees race, sex, or ethnicity.
CategoryPublic Employees
SponsorsSen. Jim Summerville
DescriptionDeclares that no state or local government agencies or entities are allowed to maintain, keep, or circulate any information concerning the race, sex or ethnicity of public employees. Adds, in addition, no agency or entity of county government will maintain or circulate information relating to religion as well. Bill is broadly captioned.
Senate Status01/27/2014 - Referred to Senate State & Local Government Committee.
House StatusNone
CaptionAN ACT to amend Tennessee Code Annotated, Title 4; Title 5; Title 6 and Title 7, relative to record keeping by public agencies.
SB1941 / HB2239 Prohibits vote by text message.
CategoryPublic Employees
SponsorsSen. Jack Johnson / Rep. Kevin Brooks
DescriptionProhibits a member of a governing body from casting a vote by means of text messaging.
Fiscal Note
(Dated February 4, 2014) NOT SIGNIFICANT
Senate Status01/27/2014 - Referred to Senate State & Local Government Committee.
House Status02/05/2014 - Referred to House State Government Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 8, Chapter 44 and Title 10, Chapter 7, relative to governing bodies.
SB2038 / HB2150 Attorney General to investigate public official corruption.
CategoryPublic Employees
SponsorsSen. Brian K. Kelsey / Rep. Tony Shipley
DescriptionProvides that the attorney general has concurrent jurisdiction and authority to investigate in cases involving corruption of a public official and misuse of office by a public official and, with the consent of the district attorney general, appoint an assistant district attorney to conduct criminal proceedings, including grand jury proceedings.
Fiscal Note
(Dated: February 9, 2014) NOT SIGNIFICANT
Senate Status02/18/2014 - Senate Judiciary Committee deferred to 02/25/14.
House Status02/04/2014 - Referred to House Civil Justice Subcommittee.
CaptionAttorney General and Reporter - As introduced, confers upon the attorney general and reporter concurrent jurisdiction and authority to investigate in cases involving corruption of a public official and misuse of office by a public official and, with the consent of the district attorney general, to appoint a specific assistant district attorney to conduct specific proceedings, including the grand jury.
SB2341 / HB2387 Allows notaries public to charge reasonable fees for their services.
CategoryPublic Employees
SponsorsSen. Jack Johnson / Rep. Vance Dennis
DescriptionPermits notaries public to charge reasonable fees and compensation for their services; requires them to keep a record of their acts, attestations, protestations, and other instruments of publication in a well-bound book. Declares that notaries public are approved or accepted by, and not appointed by, the governor. Bill is broadly captioned.
Senate Status01/29/2014 - Referred to Senate Judiciary Committee.
House Status02/12/2014 - Referred to House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 2; Title 4; Title 8 and Title 18, relative to notaries public.

Public Finance - 5

SB470 / HB389 Prohibition against accepting certain federal funds.
CategoryPublic Finance
SponsorsSen. Frank Niceley / Rep. Dennis Powers
DescriptionProhibits any department from accepting or entering into a contract with any federal funding source if such a contract is conditioned upon unreasonably demanding or intrusive conditions. Requires state agencies to submit at least twenty days prior to applying for federal funds a written report that details such restrictions to the executive director of the fiscal review committee and the directors of the office of legislative budget analysis.
Fiscal Note
(Dated: March 18 2013) Increase State Expenditures - $10,000/One-Time $208,400/Recurring - Other Fiscal Impact - A recurring reduction of federal funding to multiple state departments and agencies reasonably estimated to exceed $284,436,000 per year. This amount was based on information provided by the University of Tennessee, the Board of Regents, the Department of Intellectual Disabilities, and the Department of Mental Health. The actual reduction in federal funding could be substantially more than $284,436,000 per year.
Senate Status04/17/2013 - Senate Finance, Ways & Means Committee did not take action.
House Status03/20/2013 - House State Government Subcommittee deferred to 2014.
CaptionAN ACT to amend Tennessee Code Annotated, Title 3, Chapter 7, Part 1; Title 4, Chapter 4, Part 1; Title 9, Chapter 4, Part 51 and Title 9, Chapter 4, Part 54, relative to federal funds and grants.
SB740 / HB1231 Fiscal note to include diversity impact.
CategoryPublic Finance
SponsorsSen. Reginald Tate / Rep. Johnnie Turner
DescriptionUpon written request of any member of the general assembly, directs the fiscal review committee to include within a fiscal note an assessment of the bill's impact on the diversity of individuals participating in state or local government.
Fiscal Note
(Dated: March 6 2013) Increase State Expenditures - $5,000/One-Time - $53,200/Recurring.
Senate Status02/08/2013 - Referred to Senate State & Local Government.
House Status02/27/2013 - Referred to House State Government Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Section 3-2-107, relative to fiscal notes.
SB1094 / HB298 Appropriations for expenses related to 108th GA enactments.
CategoryPublic Finance
SponsorsSen. James F. Kyle Jr. / Rep. Craig Fitzhugh
DescriptionMakes appropriations for the purpose of defraying the expenses of the state government. Establishes that from the funds available to the department of transportation, a sum sufficient is earmarked for the sole purpose of implementing any bills or resolutions enacted in accordance with the general provisions of the department. Appropriates a sum sufficient to the appropriate entity when the fiscal note for any bill indicates that state revenues will be increased in an amount equal to or greater than state expenditures resulting from the enactment of such bill. Appropriates to the department of finance and administration for distribution to the appropriate entities a sum sufficient to fund any bill for which the fiscal note indicates that the cost of implementation of the bill is not significant.
Senate Status04/17/2013 - Senate Finance, Ways & Means Committee did not take action.
House Status04/16/2013 - Taken off notice in House Finance Subcommittee.
CaptionAN ACT to make appropriations for the purpose of defraying the expenses of the state government for the fiscal years beginning July 1, 2012, and July 1, 2013, in the administration, operation, and maintenance of the legislative, executive, and judicial branches of the various departments, institutions, offices, and agencies of the state; for certain state aid and obligations; for capital outlay, for the service of the public debt, for emergency and contingency; to repeal certain appropriations and any acts inconsistent herewith; to provide provisional continuing appropriations; and to establish certain provisions, limitations, and restrictions under which appropriations may be obligated and expended. This act makes appropriations for the purposes described above for the fiscal years beginning July 1, 2012, and July 1, 2013.
SB1234 / HB1153 Requirements for rainy day fund.
CategoryPublic Finance
SponsorsSen. Douglas Henry Jr. / Rep. Courtney Rogers
DescriptionIncreases the amount to be maintained in the reserve for revenue fluctuations, or the amount in the "rainy day fund," from five percent to eight percent of the estimated state tax revenues to be allocated to the general fund and the education trust fund for that fiscal year.
Fiscal Note
(Dated: March 20 2013) Other Fiscal Impact - An unknown shift of funds that would be available for the general purposes of state government in one year, to the Rainy Day Fund, where funds are held for the general purposes of state government for future years. Any shift of funds is dependent upon the balance of the Rainy Day Fund each year.
Senate Status02/25/2013 - Referred to Senate Finance, Ways & Means.
House Status02/21/2013 - Referred to House State Government Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Section 9-4-211, relative to the reserve for revenue fluctuations.
SB1325 / HB1326 Reporting of certain refugee resettlement information.
CategoryPublic Finance
SponsorsSen. Bill Ketron / Rep. Rick Womick
DescriptionRequires the Tennessee office for refugees to compile and report from refugee resettlement agencies the total number of refugees resettled by the agency, the public assistance benefit programs that the refugees have applied for or enrolled into, and the number of refugee minors enrolled in the public school systems and whether such minors access English language learner services. Requires refugee resettlement agencies to compile an annual report of the information collected. Requires refugee resettlement agencies to pay the state certain costs incurred from resettlement activities. Requires the department of finance and administration to annually allocate the funds collected that are Medicaid funds to the department of intellectual and developmental disabilities. Establishes a "reimbursement for refugee resettlement fund."
AmendmentHouse State Government Subcommittee amendment 1 (004740) deletes all language after the enacting clause. Defines "refugee settlement agency" as any agency or organization, or the agency's affiliate or organization, that receives federal funding for refugee reception and placement resettlement services or other federal grants intended to support refugee resettlement activities. Requires the TN Office for Refugees (TOR) to collect certain information from refugee resettlement agencies and compile and annual report that is submitted to the Fiscal Review Committee by November 1st of each year. The first annual report submitted on November 1, 2013, shall include all collected information classified by quarters and include data from January 1, 2013, through September 30, 2013. Each year thereafter, the annual report shall include data classified by quarters for the previous federal fiscal year. TOR is to report to the Secretary of State when a refugee resettlement agency fails to comply with or remedies a failure to comply with the reporting requirements. Requires the Secretary of State to immediately remove the good standing status of a noncompliant agency until such time that a notice from TOR is received that the agency has complied.
Fiscal Note
(Dated: March 15 2013) Other Fiscal Impact - The exact fiscal impact of the proposed legislation cannot be reasonably quantified. Any funds collected from refugee resettlement agencies will not exceed the amount of federal grant funds that the agencies retained to assist resettled refugees and will remain in the Refugee Resettlement Fund until allocated by the Department of Finance and Administration to state and local agencies. Allocations from the fund will reimburse state and local departments for funds already expended and will be subject to normal budgeting practices. Any Medicaid funds collected will be allocated to the Department of Intellectual and Developmental Disabilities to for assistance to eligible individuals.
Senate Status04/02/2013 - Senate State & Local Government Committee deferred to 04/09/13.
House Status04/02/2013 - House State Government Committee deferred to summer study.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4; Title 9; Title 49 and Title 71, relative to refugee resettlement.

Taxes Business - 9

SB238 / HB564 Professional football players to pay privilege tax.
CategoryTaxes Business
SponsorsSen. Stacey Campfield / Rep. Joe E. Armstrong
DescriptionAdds to the list of persons required to pay an occupational privilege tax persons employed as players on any franchise of the NBA, the NHL, or the NFL.
Fiscal Note
(Dated: February 17 2013) Decrease State Revenue - $77,600/FY12-13 - Increase State Revenue - Net Impact - - Exceeds $1,135,800/FY13-14 and Subsequent Years.
Senate Status04/09/2013 - Taken off notice in Senate Finance, Ways & Means Committee.
House Status04/03/2013 - Taken off notice in House Finance Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 67, Chapter 4, Part 17, relative to occupational taxes.
SB277 / HB318 Phases out privilege tax on certain occupations.
CategoryTaxes Business
SponsorsSen. Janice Bowling / Rep. David Shepard
DescriptionPhases out the privilege tax on persons engaged in certain occupations by annually decreasing it by ten percent of the current four hundred dollar yearly privilege tax. Eliminates the tax entirely after ten years in June 2023.
Fiscal Note
(Dated: February 20 2013) On February 17, 2013, a fiscal note was issued estimating a fiscal impact as follows: - Decrease State Revenue - Net Impact - $7,483,500/FY13-14 - $14,967,000/FY14-15 - $22,450,400/FY15-16 - $29,933,900/FY16-17 - $37,417,400/FY17-18 - $44,900,900/FY18-19 - $52,384,400/FY19-20 - $59,867,800/FY20-21 - $67,351,300/FY21-22 - $74,834,800/FY22-23 and Subsequent Years - Increase Local Revenue - $106,600/FY13-14 - $213,200/FY14-15 - $319,800/FY15-16 - $426,500/FY16-17 - $533,100/FY17-18 - $639,700/FY18-19 - $746,300/FY19-20 - $852,900/FY20-21 - $959,500/FY21-22 - $1,066,100/FY22-23 and Subsequent Years - Due to an omission, this impact was in error. Based on additional information provided by the Department of Revenue, the estimated fiscal impact is:
(CORRECTED)
- Decrease State Revenue - Net Impact - $7,483,500/FY13-14 - $14,967,000/FY14-15 - $22,450,400/FY15-16 - $29,933,900/FY16-17 - $37,417,400/FY17-18 - $44,900,900/FY18-19 - $52,384,400/FY19-20 - $59,867,800/FY20-21 - $67,351,300/FY21-22 - $74,834,800/FY22-23 and Subsequent Years - Decrease State Expenditures - $88,320/FY13-14 - $176,640/FY14-15 $264,960/FY15-16 $353,280/FY16-17 - $441,600/FY17-18 - $529,920/FY18-19 $618,240/FY19-20 $706,560/FY20-21 $794,880/FY21-22 $883,200/FY22-23 and Subsequent Years - Increase Local Revenue - $106,600/FY13-14 - $213,200/FY14-15 - $319,800/FY15-16 - $426,500/FY16-17 - $533,100/FY17-18 - $639,700/FY18-19 - $746,300/FY19-20 - $852,900/FY20-21 - $959,500/FY21-22 - $1,066,100/FY22-23 and Subsequent Years.
Senate Status03/05/2013 - Senate Finance Tax Subcommittee returned to Senate Finance with a negative recommendation.
House Status02/05/2013 - Referred to House General Subcommittee of Finance.
CaptionAN ACT to amend Tennessee Code Annotated, Title 67, Chapter 4, Part 17, relative to the privilege tax imposed on persons engaged in certain occupations.
SB925 / HB879 Changes privilege tax due date.
CategoryTaxes Business
SponsorsSen. Jack Johnson / Rep. Michael Harrison
DescriptionChanges the date by which privilege taxes are due each year from June 1 to August 1. Broadly captioned.
Fiscal Note
(Dated: February 18 2013) Decrease State Revenue - Exceeds $21,306,300/FY12-13 - Decrease Local Revenue - Exceeds $1,079,900/FY12-13.
Senate Status03/25/2013 - Taken off notice in Senate Finance Tax Subcommittee.
House Status02/13/2013 - Referred to House General Subcommittee of Finance.
CaptionAN ACT to amend Tennessee Code Annotated, Title 67, Chapter 4, relative to taxes.
SB1247 / HB1134 NBA and NHL players exempt from privilege tax.
CategoryTaxes Business
SponsorsSen. Jack Johnson / Rep. Mark White
DescriptionRemoves NBA and NHL players from being subject to the occupational privilege tax.
Fiscal Note
(Dated: March 6 2013) Decrease Local Revenue - $1,590,000/FY12-13 - $3,500,000/FY13-14 and Subsequent Years.
Senate Status07/25/2013 - Senate Ad Hoc Committee on Professional Privilege Tax for Professional Athletes did not take action on this bill.
House Status04/09/2013 - Taken off notice in House Finance Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 67, Chapter 4, Part 17, relative to the privilege tax on professional athletes.
SB1588 Privilege tax on adult-oriented businesses.
CategoryTaxes Business
SponsorsSen. Jim Summerville
DescriptionImposes an annual privilege tax of $10,000 payable by August 1 of each year on each adult-oriented business and any person selling adult-oriented products in this state. Proceeds derived from the tax shall go in the general fund.
Fiscal Note
(Dated February 17, 2014) Increase State Revenue – $750,000/Recurring Increase State Expenditures – $81,600/One-Time
Senate Status01/28/2014 - Referred to Senate Finance Tax Subcommittee.
House StatusNone
CaptionAN ACT to amend Tennessee Code Annotated, Title 39, Chapter 17 and Title 67, relative to taxation of adult-oriented businesses.
SB1590 / HB1771 Privilege tax - licensed deferred presentment service businesses.
CategoryTaxes Business
SponsorsSen. Jim Summerville / Rep. Mike Sparks
DescriptionImposes an annual privilege tax of $1,000 due by December 31 of each year for each office operated by licensed deferred presentment service businesses.
Fiscal Note
(Dated January 31, 2014) Increase State Revenue – $1,249,000
Senate Status02/04/2014 - Referred to Senate Finance Tax Subcommittee.
House Status02/06/2014 - Withdrawn in House.
CaptionAN ACT to amend Tennessee Code Annotated, Title 45, Chapter 17 and Title 67, relative to taxation of deferred presentment services.
SB1765 / HB1447 Tax information to be transferred to comptroller of the treasury.
CategoryTaxes Business
SponsorsSen. Bill Ketron / Rep. Billy Spivey
DescriptionRequires the department of commerce and insurance to, upon request, provide to the comptroller and the comptroller's staff the following information for the purposes of monitoring or assisting local assessors in ascertaining the value of property or otherwise administering the system of property classification and assessment: (1) Information regarding direct premiums and annuity considerations received by any insurance company from policies on persons residing in or property located in this state during the preceding calendar year; and (2) Information regarding the total premiums, including premiums for reinsurance assumed, and annuity considerations received by any insurance company during the preceding calendar year from all sources. Specifies that any information made available to the comptroller and the comptroller's staff under (1) and (2) must be kept confidential, except that such information may be used in a contested case or as otherwise authorized by law. A violation of this bill's confidentiality requirements will be a Class C misdemeanor. Requires the commissioner of revenue to, upon request, provide to the comptroller or the comptroller's staff any records, reports, returns and schedules filed by insurance companies with the department of revenue, for the purposes of monitoring or assisting local assessors in ascertaining the value of property pursuant to otherwise administering the system of property classification and assessment. Such information may be used in a contested case.
Fiscal Note
(Dated February 2, 2014) NOT SIGNIFICANT
Senate Status01/23/2014 - Referred to Senate Commerce & Labor Committee.
House Status01/15/2014 - Referred to House Insurance & Banking Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 56; Title 67, Chapter 5, Part 12 and Title 67, Chapter 5, Part 4, relative to information used for tax administration purposes.
SB2035 / HB1874 Delinquency - occupation privilege tax.
CategoryTaxes Business
SponsorsSen. Joey Hensley / Rep. Bob Ramsey
DescriptionRequires payment of the occupation privilege tax by or on July 1 of each year instead of June 1 of each year. Specifies that such tax paid after July 1 is delinquent.
Senate Status02/04/2014 - Referred to Senate Finance Tax Subcommittee.
House Status02/04/2014 - Referred to House Finance Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 67, Chapter 4, relative to the occupation tax.
SB2330 / HB2360 Privilege tax on bail bondsmen.
CategoryTaxes Business
SponsorsSen. Charlotte Burks / Rep. Andrew Farmer
DescriptionAuthorizes counties to levy a privilege tax on bail bondsmen up to eight dollars on each bail bond written. Provides that no resolution by a local county authorizing such a bail bond tax shall take effect unless it is approved by a two-thirds vote of the county legislative body at two consecutive, regularly scheduled meetings or unless by a majority of voters in an election on the question of levying it. If there is a petition of voters amounting to ten percent of the votes cast in the last election, then the county election commission shall call an election on the question. Provides that in each county that has levied or may levy a bail bond tax under this section, an increase in the amount of an existing bail bond shall not constitute a new bail bond. Establishes that if a bail bond is sought pending appeal of a conviction, an additional tax in the amount of four dollars shall be imposed, even if the bond is a continuation of the previous bond. Requires the bail bondsmen to collect the tax imposed by this section and to remit the tax to the county.
Senate Status01/29/2014 - Referred to Senate Judiciary Committee.
House Status02/06/2014 - Referred to House Criminal Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 5; Title 6; Title 7; Title 8; Title 9; Title 40, Chapter 11 and Title 67, Chapter 4, relative to bail bonds.

Taxes General - 12

SB58 / HB1212 Excludes a gift made by a decedent from inheritance tax.
CategoryTaxes General
SponsorsSen. Doug Overbey / Rep. Tim Wirgau
DescriptionExcludes from inheritance tax any gift made by a decedent within three years prior to death and which is made prior to January 1, 2012.
Fiscal Note
(Dated: February 26 2013) Decrease State Revenue - $13,036,000/FY12-13 - $24,253,800/FY13-14 - $14,741,400/FY14-15 - $3,948,200/FY15-16.
Senate Status04/17/2013 - Senate Finance, Ways & Means Committee did not take action.
House Status04/18/2013 - Taken off notice in House Finance Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 67, Chapter 8, Part 3; Title 67, Chapter 8, Part 4 and Title 67, Chapter 8, Part 5, relative to the inheritance tax.
SB278 / HB974 Jurisdiction for contested case hearings.
CategoryTaxes General
SponsorsSen. Bo Watson / Rep. Jimmy Matlock
DescriptionTransfers contested case hearings currently under the jurisdiction of the department of revenue to the office of the secretary of state to be conducted in compliance with the UAPA. Specifies that any administrative judge or hearing positions currently filled in the department of revenue shall be transferred to the secretary of state's office.
Fiscal Note
(Dated: March 17 2013) Increase State Revenue - $94,000/Recurring - Increase State Expenditures - $23,500/One-Time - $330,000/Recurring - Other Fiscal Impact - Five positions, as well as $330,000 in recurring funding, will shift from the Department of Revenue to the Secretary of State beginning in FY13-14.
Senate Status01/31/2013 - Referred to Senate State & Local Government.
House Status02/13/2013 - Referred to House State Government Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4, Chapter 5 and Title 67, relative to administrative procedures.
SB427 / HB576 Revises income tax law related to corporations, banks and holding cos.
CategoryTaxes General
SponsorsSen. Doug Overbey / Rep. Curry Todd
DescriptionProhibits income tax on any income derived from any stock in any entity doing business in this state that is a bank holding company, a corporation that elects to pass corporate income, losses, deductions and credit through to their shareholders for federal tax purposes and the owner of a controlling interest in a Tennessee state bank or savings institution, national bank or federally chartered savings institution.
AmendmentHouse Insurance and Banking Committee amendment 1 (006017) rewrites the bill. Exempts tax on income from any stock on certain bank holding companies doing business in the state and income derived from a non-bank subsidiary.
Fiscal Note
(Dated: March 12 2013) Decrease State Revenue - Net Impact - $1,294,400/FY13-14 - $1,428,400/FY14-15 - $1,576,200/FY15-16 and Subsequent Years - Decrease Local Revenue - Net Impact - $790,800/FY13-14 - $872,700/FY14-15 - $963,000/FY15-16 and Subsequent Years.
Senate Status04/17/2013 - Senate Finance, Ways & Means Committee did not take action.
House Status04/18/2013 - Taken off notice in House Finance Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 67, relative to income tax exemptions.
SB734 / HB961 Tennessee Administrative Tax Tribunal Act.
CategoryTaxes General
SponsorsSen. Bo Watson / Rep. Jon Lundberg
DescriptionEstablishes an independent tax tribunal within the executive branch of government to provide taxpayers with a means of resolving controversies that insures both the appearance and the reality of due process and fundamental fairness. Requires the tax tribunal established by this part to provide hearings in all tax matters and any other matters over which the department of revenue has jurisdiction, except those specified by this part or any other law, and to render decisions and orders relating to such matters. (38 pp.)
Senate Status03/20/2013 - Senate Government Operations Committee deferred to 04/10/13.
House Status04/02/2013 - House Government Operations Committee deferred to the second calendar of 2014.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4, Chapter 29; Title 55 and Title 67, to enact the "Tennessee Administrative Tax Tribunal Act ".
SB782 / HB638 Hall income tax exemption.
CategoryTaxes General
SponsorsSen. Ken Yager / Rep. Dennis Powers
DescriptionAlters Hall income tax exemptions for certain taxpayers by increasing annual incomes by $10,000 each year from 2014 to 2020 in order to be exempt from paying anything toward the tax.
Fiscal Note
(Dated: March 1 2013) Decrease State Revenue - Net Impact - $1,029,300/FY14-15 - $2,457,300/FY15-16 - $4,056,300/FY16-17 - $5,585,300/FY17-18 - $7,106,600/FY18-19 - $8,392,400/FY19-20 - $9,628,800/FY20-21 and Subsequent Years - Decrease Local Revenue - Net Impact - $624,500/FY14-15 - $1,501,300/FY15-16 - $2,478,200/FY16-17 - $3,412,300/FY17-18 - $4,341,800/FY18-19 - $5,127,300/FY19-20 - $5,882,700/FY20-21 and Subsequent Years - Other Fiscal Impact - Secondary economic impacts may occur as a result of this bill. Such impacts may be realized due to changes in population or as a result of other behavioral changes prompted by the passage of this bill. Due to multiple unknown factors, fiscal impacts directly attributable to such secondary economic impacts cannot be quantified with reasonable certainty.
Senate Status02/12/2013 - Referred to Senate Finance Tax Subcommittee.
House Status02/07/2013 - Referred to House General Subcommittee of Finance.
CaptionAN ACT to amend Tennessee Code Annotated, Title 67, Chapter 2, relative to exemptions from taxation.
SB966 / HB612 Prohibited orders and pleadings regarding taxation.
CategoryTaxes General
SponsorsSen. Randy McNally / Rep. David B. Hawk
DescriptionSpecifies that an injunction, restraining order, stay, supersedeas, prohibition, or other types of orders and pleadings cannot be issued or filed in lawsuits challenging the collection of state taxes.
Fiscal Note
(Dated: March 7 2013) Not Significant.
Senate Status02/08/2013 - Referred to Senate Judiciary.
House Status02/07/2013 - Referred to House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 67, Chapter 1, Part 18, relative to taxpayer remedies for disputed taxes.
SB1741 / HB1534 Taxpayer agent registration application - board of equalization.
CategoryTaxes General
SponsorsSen. Doug Overbey / Rep. Bill Sanderson
DescriptionProvides that a person applying for, or renewing, a registration with the board of equalization to be a taxpayer's agent will also be deemed an agent for certain service of process purposes.
AmendmentSenate State & Local Government amendment 1 specifies that when one serves process on the secretary of state that such service of process is as provided in the Tennessee Code Annotated.
Fiscal Note
(Dated February 10, 2014) NOT SIGNIFICANT
Senate Status02/18/2014 - Senate State & Local Government Committee recommended with amendment 1, which specifies that when one serves process on the secretary of state that such service of process is as provided in the Tennessee Code Annotated. Sent to Senate Calendar Committee.
House Status01/22/2014 - Referred to House State Government Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 67, relative to taxation.
SB1821 / HB2424 Inheritance tax return exemptions.
CategoryTaxes General
SponsorsSen. Janice Bowling / Rep. Billy Spivey
DescriptionFor tax years 2014 and 2015, annually raises the gross amount of a small estate that is below the statutory exemption and is not required to file a short form inheritance tax return. Amount prior to January 1, 2014 is $100,000. In 2014, the amount rises to $1,000,000 and in 2015 rises to $2,000,000.
Fiscal Note
(Dated February 10, 2014) NOT SIGNIFICANT
Senate Status02/04/2014 - Referred to Senate Finance Tax Subcommittee.
House Status02/19/2014 - House Finance Subcommittee recommended. Sent to House Finance Committee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 67, Chapter 8, relative to inheritance tax.
SB1844 / HB1772 Repossession of vehicle - personal property inventory conducted.
CategoryTaxes General
SponsorsSen. Jim Summerville / Rep. Mike Sparks
DescriptionRequires an individual who is repossessing a vehicle to conduct and record an inventory of all personal property, whether secured or unsecured, found in or on the vehicle. Requires the business or agency employing or contracting with the individual for the repossession must: (1) Record any disposition of the inventoried property; and (2) Maintain the inventory record and the disposition record for a period of two years from the date of inventory. Requires the business or agency to make the records available, upon request, to the owner or owner's authorized representative or an authorized representative of a department conducting an official investigation.
Senate Status01/23/2014 - Referred to Senate Commerce & Labor Committee.
House Status01/27/2014 - Referred to House Transportation Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 29, Chapter 30; Title 47; Title 55, Chapter 5; Title 62 and Title 66, relative to repossession.
SB1996 / HB1802 Prohibits department of revenue - collect certain taxes and fees.
CategoryTaxes General
SponsorsSen. Ken Yager / Rep. Ryan A. Haynes
DescriptionProhibits the department of revenue from collecting from counties or municipalities any fee from tax proceeds remitted to the department and from deducting or retaining any fee from the proceeds of state-shared tax revenues or other tax revenues distributed by the state to counties and municipalities.
Fiscal Note
(Dated February 7, 2014) Decrease State Revenue – $4,517,200/FY13-14/Department of Revenue $28,027,400/FY14-15 and Subsequent Years/Department of Revenue Increase Local Revenue – $4,517,200/FY13-14 $28,027,400/FY14-15 and Subsequent Years
Senate Status01/27/2014 - Referred to Senate State & Local Government Committee.
House Status02/12/2014 - Taken off notice in House State Government Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 9 and Title 67, relative to tax revenue received by local governments.
SB2321 / HB2131 Anderson County - bail bond tax.
CategoryTaxes General
SponsorsSen. Randy McNally / Rep. John Ragan
DescriptionAuthorizes Anderson County, by action of its governing body, to levy a bail bond tax up to $8.00 on each bail bond written. Specifies that is the duty of the bail bondsman to collect the tax authorized and to remit the tax to the county in such manner as the county may determine. Also specifies that no bond shall be issued unless the tax is paid.
Senate Status01/29/2014 - Referred to Senate Judiciary Committee.
House Status01/30/2014 - Referred to House Criminal Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 40, Chapter 11 and Title 67, Chapter 4, relative to the levy of a bail bond tax in any county having a population of not less than seventy-five thousand one hundred (75,100) nor more than seventy-five thousand two hundred (75,200), according to the 2010 federal census or any subsequent federal census.
SB2499 / HB2135 Extension with the Dept. of Revenue to file tax registration forms.
CategoryTaxes General
SponsorsSen. Mark Green / Rep. Cameron Sexton
DescriptionAllows taxpayers to apply for an extension with the department of revenue of the period of time within which to file tax registration forms.
Senate Status02/10/2014 - Referred to Senate Finance, Ways & Means Committee.
House Status02/04/2014 - Referred to House Finance Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 67, Chapter 4, relative to franchise and excise taxes.

Taxes Property - 5

SB765 / HB652 Back assessment or reassessment for property.
CategoryTaxes Property
SponsorsSen. John Stevens / Rep. Jeremy Durham
DescriptionExpands authority to back assess property to the chief administrative officer of a tax jurisdiction in which the property is located or the Tennessee division of property assessments, in addition to the assessor of property. Deletes provision that states it is the duty of the county clerk to examine and compare the assessment rolls of the county with the inventories or reports of administrators and executors as soon as filed with the county clerk, for the purpose of ascertaining whether any personal property of any estate is subject under this chapter to back assessment or reassessment. Makes other revisions regarding back assessments and reassessments.
Fiscal Note
(Dated: March 17 2013) Not Significant.
Senate Status02/08/2013 - Referred to Senate State & Local Government.
House Status02/07/2013 - Referred to House Local Government Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 67, Chapter 1, Part 10, relative to the back assessment or reassessment of property for ad valorem taxation.
SB768 / HB655 Defines "capitalization rate" for greenbelt purposes.
CategoryTaxes Property
SponsorsSen. Dolores R. Gresham / Rep. Sheila Butt
DescriptionRedefines "capitalization rate" for greenbelt purposes. The capitalization rate shall be the average lending rate for agricultural land determined by the state board of equalization, based on its most recent survey of lenders at the time of the calculation.
Fiscal Note
(Dated: March 1 2013) Other Fiscal Impact - Based on information provided by the Comptroller of the Treasury, the net fiscal impact to local government revenue as a result of this bill cannot be reasonably quantified.
Senate Status03/05/2013 - Taken off notice in Senate State & Local Government Committee.
House Status02/07/2013 - Referred to House Agriculture & Natural Resources Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 67, Chapter 5, Part 10, relative to the agricultural, forest and open space land act of 1976.
SB971 / HB979 Timely filing date for making a request for a conference.
CategoryTaxes Property
SponsorsSen. Randy McNally / Rep. Steve Hall
DescriptionSpecifies how the timeliness of requests for conferences and lawsuits filed to challenge tax assessments must be determined. Clarifies that, for such lawsuits, the notice of assessment must be attached to the complaint, instead of the "notice."
Fiscal Note
(Dated: March 17 2013) Not Significant.
Senate Status02/08/2013 - Referred to Senate Finance, Ways & Means.
House Status02/13/2013 - Referred to House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 67, Chapter 1, Part 1 and Title 67, Chapter 1, Part 18, relative to state tax procedure.
SB1723 / HB1474 Historic Rehabilitation Tax Credit Act.
CategoryTaxes Property
SponsorsSen. Jack Johnson / Rep. Steve McDaniel
DescriptionEstablishes a tax credit for an owner of a certified historic structure that incurs qualified rehabilitation expenditures for the rehabilitation of that structure. Provides that the tax credit may be used against any state premium tax liability and is to be equal to 25 percent of the qualified rehabilitation expenditures, provided that certain requirements for the rehabilitation are met. Requires that requests for a property to be designated as a certified historic structure or for a proposed rehabilitation must be made on application forms provided by the Tennessee historical commission, which shall entail certain standards, such as those established by the United States department of the interior for rehabilitation. Authorizes the commission to issue tax credit certificates to an owner for qualified rehabilitation expenditures, on the condition that an audited cost report of the rehabilitation by a public accountant is performed and there is evidence that the historic structure has been placed in service.
Senate Status02/04/2014 - Referred to Senate Finance Tax Subcommittee.
House Status01/22/2014 - Referred to House Finance Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4, Chapter 11, Part 1; Title 56, Chapter 4 and Title 67, relative to tax credits for the rehabilitation of historic structures.
SB1950 / HB1926 Creates a loan payment program for property taxes.
CategoryTaxes Property
SponsorsSen. Todd Gardenhire / Rep. Courtney Rogers
DescriptionAuthorizes the THDA to make loans for the payment of property taxes to persons of low or moderate income who meet certain requirements, including the requirement that the participant must have resided in the qualifying dwelling unit for more than five years preceding the initial year of participation and the participant continues to reside in the property as the participant's primary place of residence. Requires THDA to set a total amount of permitted obligations on the qualifying dwelling unit that does not exceed 35 percent of the value of the dwelling unit as determined by the most recent assessment for property tax purposes. In the case of a qualified dwelling unit that is a unit in a condominium, a cooperative, an unincorporated cooperative association or a multi-unit dwelling with four or fewer units, only the portion of taxes allocable to the unit inhabited by the participant may qualify for loans under the program. Specifies that the maximum loan under this bill in the first year in which a loan is made is limited to the amount obtained by adding the property taxes levied on the qualifying dwelling unit for the tax year for which the loan is made and the delinquent taxes owed on the property together with interest and penalty on the delinquent taxes. The maximum loan under this bill in any subsequent year in which a loan is made is limited to the amount the property taxes levied on the qualifying dwelling unit for the tax year for which the loan is made. Specifies that loans will bear interest at a rate not greater than ten percent. Limits the maximum amount for all loans pursuant to the program to $250,000 per year. Participants will be granted loans on a first come, first served basis.
Senate Status01/27/2014 - Referred to Senate State & Local Government Committee.
House Status02/04/2014 - Referred to House Local Government Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 13, Chapter 23 and Title 67, relative to property taxes.

Taxes Sales - 1

SB185 / HB179 Advance sales tax payments - broadly captioned.
CategoryTaxes Sales
SponsorsSen. Mark S. Norris / Rep. Gerald McCormick
DescriptionAuthorizes the commissioner of revenue to require advance estimated payments of tax for a taxpayer who has a monthly liability of at least $1,000 instead of the current $500. Broadly captioned. (Part of Administration Package)
Fiscal Note
(Dated: February 14 2013) Not Significant.
Senate Status03/25/2013 - Taken off notice in Senate Finance Tax Subcommittee.
House Status02/05/2013 - Referred to House General Subcommittee of Finance.
CaptionAN ACT to amend Tennessee Code Annotated, Title 67, relative to taxation.

Tenncare - 2

SB1387 / HB82 Prohibits TN from participating in Medicaid expansion.
CategoryTenncare
SponsorsSen. Brian K. Kelsey / Rep. Jeremy Durham
DescriptionEstablishes the "TennCare Fiscal Responsibility Act ". Prohibits Tennessee from participating in any Medicaid expansion authorized under the federal Patient Protection and Affordable Care Act.
Fiscal Note
(Dated: March 17 2013) Forgone State Revenue - $418,207,600/TennCare/FY13-14 - $1,000,100,900/TennCare/FY14-15 - Other Fiscal Impact - According to the Bureau of TennCare, the bill could jeopardize $6.34 billion federal Medicaid matching funds by prohibiting the state from extending eligibility to children up to 133 percent of the federal poverty level. If the state does not extend coverage eligibility for children up to 133 percent of the federal poverty level, then the state will not be compliant with 42 U.S.C. 1396a and could lose Medicaid funding pursuant to 42 U.S.C. 1396c.
Senate Status02/26/2013 - Referred to Senate Commerce & Labor Committee.
House Status02/05/2013 - Referred to House Insurance & Banking Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4 and Title 71, relative to medical assistance.
SB1975 / HB1723 Implementation of Patient Protection and Affordable Care Act.
CategoryTenncare
SponsorsSen. Lowe Finney / Rep. Craig Fitzhugh
DescriptionRequires medical assistance under Title 71, Chapter 5, and any federal waiver authorized by Title 71, Chapter 5, to be extended to provide the full extent of the Medicaid eligibility expansion permitted by the Patient Protection and Affordable Care Act for which the enhanced federal financial assistance matching rate is 100 percent. Establishes that this mandated expansion will continue in effect only so long as the federal financial assistance matching rate is 100 percent for the expansion population. Provides that when such matching rate ceases, the eligibility criteria for medical assistance is required to return to the criteria in place on January 1, 2014.
Fiscal Note
(Dated February 11, 2014) Increase Federal Expenditures - $1,000,101,000/FY14-15 $1,135,858,000/FY15-16 $616,922,800/FY16-17
Senate Status01/27/2014 - Referred to Senate Commerce & Labor Committee.
House Status01/29/2014 - Referred to House Insurance & Banking Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4 and Title 71, relative to medical assistance.

Tort Liability - 7

SB274 / HB1058 Written expert testimony in health care liability action.
CategoryTort Liability
SponsorsSen. Brian K. Kelsey / Rep. Jeremy Durham
DescriptionRequires experts in health care liability action to provide testimony on written statement when the opposing party prevails on the basis of the failure of the party to offer any competent expert testimony.
AmendmentSenate Judiciary Committee amendment 1 (004366) requires an expert's signed written statement, relied upon in initiating a healthcare liability action, to be provided to the court as well as the prevailing party, rather than just the court. Authorizes the court-ordered provision of the signed written statement while the litigation is ongoing. Prohibits the signed written statement from being disclosed to other parties to the litigation and prohibits discovery of the signed written statement by the other parties to the ongoing litigation.
Fiscal Note
(Dated: February 10 2013) Not Significant.
Senate Status03/12/2013 - Failed in Senate Judiciary Committee (4-3-1) after adopting amendment 1.
House Status02/20/2013 - Referred to House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 29, Chapter 26, relative to certificates of good faith in health care liability actions.
SB475 / HB272 Medical malpractice resulting from emergency care.
CategoryTort Liability
SponsorsSen. Mark Green / Rep. Glen Casada
DescriptionLimits emergency health care provider malpractice liability to cases that arise in a hospital emergency department and certain other medical situations. Sets standards for expert testimony in health care liability actions. Sets claimant's burden of proof in health care liability actions. Creates a rebuttable presumption of negligence under certain circumstances. Sets jury instructions in certain health care liability actions.
Fiscal Note
(Dated: March 4 2013) Not Significant.
Senate Status02/04/2014 - Taken off notice in Senate Judiciary Committee.
House Status03/20/2013 - Taken off notice in House Civil Justice Committee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 29, Chapter 26, relative to medical malpractice resulting from emergency care.
SB715 Limits liability for certain skate rinks.
CategoryTort Liability
SponsorsSen. Stacey Campfield
DescriptionProvides immunity from civil liability for injuries to a roller skater or skateboarder if the operator of the roller skating rink or skateboarding facility follows certain safety procedures by providing at least one individual to act as a monitor, conduct periodic inspections of the equipment, post signs about the duties and expectations of skaters and spectators, maintain liability insurance, and maintain accurate records and daily logs for the facility. Does not limit the liability of a roller skating rink operator who engages in behavior that amounts to gross negligence, or willful or wanton conduct.
Fiscal Note
(Dated: March 24 2013) Not Significant.
Senate Status02/08/2013 - Referred to Senate Judiciary.
House StatusNone
CaptionAN ACT to amend Tennessee Code Annotated, Title 29, Chapter 34, relative to certain recreational activities.
SB1184 / HB978 Limits recovery for medical costs - personal injury or wrongful death.
CategoryTort Liability
SponsorsSen. Jim Tracy / Rep. Ryan A. Haynes
DescriptionPhantom Damages Elimination Act. Relative to damages for personal injury or wrongful death, limits recovery for medical costs to amounts paid by or on behalf of the claimant, amounts necessary to satisfy unpaid charges for medical care, and amounts necessary to satisfy future medical charges.
Fiscal Note
(Dated: February 26 2013) Not Significant.
Senate Status01/14/2014 - Senate Judiciary Committee deferred to last calendar.
House Status03/26/2013 - Taken off notice in House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 24 and Title 29, relative to the recovery of tort damages.
SB1674 / HB1928 Providing of volunteer healthcare services.
CategoryTort Liability
SponsorsSen. Steve Southerland / Rep. Tilman Goins
DescriptionClarifies that a health care professional voluntarily providing health care services to a patient at a clinic that does not charge the patient or a third party receives the same immunity from liability as a health care professional providing services for a sponsoring organization that charges the patient based on a sliding income scale. Defines "Free clinic" to mean a not for profit, outpatient, non-hospital facility in which health care provider engages in the voluntary provision of health care services to patients without charge to the recipient of the services or to a third party. Establishes that registration requirements to provide volunteer medical services in the state shall not apply to free clinics as defined in this bill.
AmendmentHOUSE CIVIL JUSTICE SUBCOMMITTEE AMENDMENT 1 (012929) makes a technical correction. HOUSE CIVIL JUSTICE SUBCOMMITTEE AMENDMENT 2 (012817) reinstates provision on reporting and registration requirements.
Fiscal Note
(Dated February 16, 2014) NOT SIGNIFICANT
Senate Status01/22/2014 - Referred to Senate Judiciary Committee.
House Status02/19/2014 - House Civil Justice Subcommittee recommended with amendments 1 (012929) and 2 (012817). Amendment 1 (012929) makes a technical correction. Amendment 2 (012817) reinstates provision on reporting and registration requirements. Sent to House Civil Justice Committee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 63, Chapter 6, Part 7, relative to volunteer health care services.
SB1696 / HB1681 Retail establishments and duty of care.
CategoryTort Liability
SponsorsSen. Brian K. Kelsey / Rep. Jeremy Durham
DescriptionSpecifies that no owner of a retail establishment, which is defined as a place of business open to the general public, owes any customer a duty of care to protect the customer from an intoxicated person who was previously asked to leave the premises by the owner, his agent, or employee. Provision will not apply pursuant to the present law, if a jury first ascertains, beyond a reasonable doubt, that the sale of alcoholic beverages or beer was the proximate cause of a personal injury or death and the seller: (1) Sold alcoholic beverage or beer to a person known to be under 21 years old, and that person caused the injury or death as a direct result of the consumption of alcohol; or (2) Sold alcoholic beverage to a visibly intoxicated person and such person caused the injury or death as the direct result of the consumption of the alcoholic beverage.
Senate Status01/22/2014 - Referred to Senate Judiciary Committee.
House Status01/29/2014 - Referred to House Civil Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 29 and Title 57, Chapter 10, relative to the duty of care.
SB2072 / HB1943 Civil immunity for forcibly entering a vehicle to save a minor.
CategoryTort Liability
SponsorsSen. Steve Southerland / Rep. David B. Hawk
DescriptionCreates a civil liability immunity for a person from damages resulting from forcibly entering a motor vehicle to remove a minor if the person has a good faith belief that forcible entry is necessary because the minor is in imminent danger and the person fulfills other certain requirements.
Fiscal Note
(Dated February 9, 2014) NOT SIGNIFICANT
Senate Status01/29/2014 - Referred to Senate Judiciary Committee.
House Status02/20/2014 - Set for House Floor on 02/24/14.
CaptionAN ACT to amend Tennessee Code Annotated, Title 29, Chapter 34, Part 2, relative to civil immunity for certain actions involving a motor vehicle.

Transportation General - 1

SB465 / HB683 Railroads - broadly captioned.
CategoryTransportation General
SponsorsSen. Lowe Finney / Rep. Art Swann
DescriptionRevises and creates provisions relative to railroads. Allows the prevailing party in a court action to recover reasonable attorney's fees and costs for damages to livestock when any railroad company neglects or refuses to comply with the requirements for unfenced railroad tracks in fields or enclosures. Allows the conductor to put a passenger off the car at any station when a passenger refuses to pay the required fee. Under current law, the conductor may put such passenger off the car at any station or convenient point where the passenger can step on land. Authorizes the general assembly to create a task force to conduct a study of the barriers and incentives to increasing passenger rail service in Tennessee. Requires the task force consist of three members from the house of representatives and senate and be appointed by the speaker of the house and the speaker of the senate. Requires the senate makeup consist of one member of the senate transportation committee, one member of the senate state and local committee, and one member from the senate commerce and labor committee. Requires the house of representatives makeup to consist of one member from the house transportation committee, one member from the house local government committee, and one member from the house business and utilities committee. Authorizes members of the task force to remain members until the task force reports its findings and recommendations no later than February 1, 2015.
Fiscal Note
(Dated: March 8 2013) Increase State Expenditures - $1,800/Each One-Day Meeting.
Senate Status03/20/2013 - Taken off notice in Senate Transportation & Safety Committee.
House Status02/06/2013 - Referred to House Business & Utilities Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 65, relative to railroads.

Transportation Vehicles - 21

SB21 Texting while driving - civil action.
CategoryTransportation Vehicles
SponsorsSen. Brian K. Kelsey
DescriptionProvides immunity from damages in a civil action for a person or entity that transmits a written message to a driver that commits an offense by reading or responding to such message and causes another injury. Broadly captioned.
Fiscal Note
(Dated: January 14 2013) Not Significant.
Senate Status03/07/2013 - Withdrawn in Senate.
House StatusNone
CaptionAN ACT to amend Tennessee Code Annotated, Title 29; Title 39 and Title 55, relative to texting while driving.
SB130 / HB595 Proof of insurance required for traffic violations.
CategoryTransportation Vehicles
SponsorsSen. Joey Hensley / Rep. Joe Carr
DescriptionRequires officers to ask for proof of insurance for any traffic violation, moving or otherwise, excluding state or local parking citations and state or local citations based solely upon evidence from a traffic enforcement camera.
Fiscal Note
(Dated: February 7 2013) Increase State Revenue - $746,800/Recurring - Increase State Expenditures - $19,500/One-Time - $139,500/Recurring - Increase Local Revenue - $18,600/Recurring.
Senate Status03/20/2013 - Senate Transportation & Safety Committee deferred to summer study.
House Status04/09/2013 - House Finance Subcommittee deferred to 2014.
CaptionAN ACT to amend Tennessee Code Annotated, Title 55, relative to proof of insurance.
SB845 / HB594 Uninsured Motorist Identification Database Program.
CategoryTransportation Vehicles
SponsorsSen. Bill Ketron / Rep. Kelly Keisling
DescriptionCreates the "Uninsured Motorist Identification Database Program." Authorizes the department of revenue with cooperation from the departments of safety and commerce and insurance to establish a database to verify motorist compliance with financial responsibility requirements. Requires insurers to report before the 7th and 21st day of each calendar month all insurance policies in effect for vehicles registered in the state. Authorizes the department to assess a fine against an insurer $250 for each day the insurer fails to comply with the reporting requirement. Directs the department to provide notice and revoke the registration if the owner of a motor vehicle fails to comply with the program. Imposes a registration reinstatement fee of $100 for reinstatement or renewal after a revocation of the registration. Prohibits the release of information from being disclosed except in certain situations. Directs the comptroller of the treasury to audit the program at least once every three years and requires the department to report to the general assembly by January 1, 2015. (12 pp.)
Fiscal Note
(Dated: March 4 2013) Increase State Revenue - Net Impact - $18,155,800 - Increase State Expenditures - $3,325,000 - Decrease Local Revenue - Net Impact - $5,558,600.
Senate Status03/20/2013 - Taken off notice in Senate Transportation & Safety Committee.
House Status03/20/2013 - House Transportation Subcommittee deferred to 2014.
CaptionAN ACT to amend Tennessee Code Annotated, Title 55 and Title 56, relative to financial responsibility.
SB949 DUI - administrative revocation process.
CategoryTransportation Vehicles
SponsorsSen. Randy McNally
DescriptionCreates the "Tennessee Administrative License Revocation Act." Creates process where the Department of Safety can issue an interim driver's license and administratively revoke a person's license if the person is administratively found to be driving while intoxicated. Requires that if such person has an alcohol concentration of 0.08 percent or more if over 21 years old, 0.02 percent or more if under 21 years old, or 0.04 percent or more if the person is in control of a commercial motor vehicle, the person's driver's license must be taken away by law enforcement and the person must be provided a temporary driver's license. Requires an administrative hearing to determine if the person was driving while intoxicated and requires such department to suspend the person's driver's license if the hearing determines by a preponderance of the evidence that the person was driving while intoxicated, among other issues. Provides for process if a chemical blood test was administered instead of a breathalyzer test. Details process for administrative review and judicial review. Provides process for removal of revocation if the person is found by the court to not be guilty of driving while intoxicated. Provides process of person petitioning for receipt of a restricted driver's license. (18 pp.)
Senate Status02/25/2013 - Withdrawn in Senate.
House StatusNone
CaptionAN ACT to amend Tennessee Code Annotated, Title 40; Title 50 and Title 55, relative to driving under the influence.
SB1069 / HB569 Amends Financial Responsibility Law.
CategoryTransportation Vehicles
SponsorsSen. Charlotte Burks / Rep. John Mark Windle
DescriptionRevises requirements of Financial Responsibility Law to allow a person to file a surety bond with the department of safety in lieu of insurance policy, cash deposit, or bond.
Fiscal Note
(Dated: February 21 2013) Increase State Expenditures -
Senate Status02/08/2013 - Referred to Senate Transportation & Safety Committee.
House Status02/27/2013 - Taken off notice in House Transportation Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 55, Chapter 12, relative to financial responsibility law.
SB1116 / HB910 Creates database for contacting relatives following car accidents.
CategoryTransportation Vehicles
SponsorsSen. James F. Kyle Jr. / Rep. Bo Mitchell
DescriptionRequires the department of safety to establish a database of emergency contacts of persons who hold drives licenses, learner permits, identification cards, and any other type of license or permit, so such a person may be contacted by a law enforcement officer if the holder is involved in a motor vehicle accident or other emergency situation.
AmendmentHouse State Government Committee amendment 1, Senate Transportation Committee amendment 1 (004582) specifies that this bill applies only to driver licenses issued or renewed after completion of the department of safety and homeland security's driver license system modernization project if funds are appropriated to meet the funding required.
Fiscal Note
(Dated: March 7 2013) Increase State Expenditures - $458,800/FY13-14 - $447,700/FY14-15 and Subsequent Years.
Senate Status04/08/2013 - Re-referred to Senate Calendar Committee on 04/08/2013.
House Status04/02/2013 - House State Government Committee deferred to the first calendar of 2014 after adopting amendment 1.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4, Chapter 3, Part 20, relative to the creation of an emergency contact database.
SB1143 / HB894 Motorcyclist Liberty Restoration Act.
CategoryTransportation Vehicles
SponsorsSen. Mark Green / Rep. Kelly Keisling
DescriptionCreates the "Motorcyclist Liberty Restoration Act". Requires the driver of a motorcycle under the age of 21 to wear a crash helmet. Requires the passenger of any motorcycle under the age of 21 to wear a crash helmet. Allows a driver or passenger who is over the age of 21 to wear a crash helmet, no helmet, or a helmet meeting certain requirements. Increase the licensing renewal cost for a Class M license from $17.50 to $19.50. Allocates the $2.00 increase in funds to be earmarked to the bureau of TennCare. Directs the department of health and the department of safety to prepare a report on the number of motorcycle accidents on Tennessee roads and highways involving riders without helmets and the costs to Tenncare to care for such riders. Requires the commissioner of health to report the findings on February 1, 2015.
Fiscal Note
(Dated: February 27 2013) Increase State Revenue - $134,200/Earmarked for the Bureau of TennCare - Exceeds $179,200/General Fund - Increase State Expenditures - $8,600/One- time/General Fund - Exceeds $379,000 /General Fund - - Increase Federal Expenditures - Exceeds $719,600 - Increase Local Revenue - Exceeds $32,400 - Other Fiscal Impact - Secondary economic impacts may occur as a result of this bill. Such impacts may be realized due to changes in tourism or as a result of other behavioral changes prompted by passage of this proposed legislation. - Due to multiple unknown factors, fiscal impacts directly attributable to such secondary economic impacts cannot be quantified with reasonable certainty.
Senate Status03/13/2013 - Taken off notice in Senate Transportation & Safety Committee.
House Status04/02/2013 - Taken off notice in House Transportation Committee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 55, to enact the "Motorcyclist Liberty Restoration Act".
SB1157 / HB84 Open container to apply to all passengers and driver.
CategoryTransportation Vehicles
SponsorsSen. Mae Beavers / Rep. Jon Lundberg
DescriptionExpands open container law. Creates an offense for any person who is a passenger in a motor vehicle to consume an alcoholic beverage or knowingly possesses an open alcoholic beverage container within the passenger area of a motor vehicle.
Fiscal Note
(Dated: February 10 2013) Increase State Revenue - $19,200 Increase State Expenditures - Not Significant - Increase Local Revenue - $1,000 - Increase Local Expenditures - Not Significant - Other Fiscal Impact - To the extent passage of this bill brings Tennessee into full compliance with federal open container requirements, a transfer of funding from the from the Federal Highway Administration (FHWA) to the National Highway Traffic Safety Administration (NHTSA) will stop. The net impact will be an average of an additional $1,500,000 in federal funding available annually to TDOT from the FHWA. Such determination will be made by the NHTSA and the FHWA.
Senate Status03/12/2013 - Taken off notice in Senate Judiciary Committee.
House Status02/21/2013 - Referred to House State Government Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 55, Chapter 10, Part 4, relative to consuming alcoholic beverages or possessing an open alcoholic beverage container in a motor vehicle.
SB1633 / HB1429 Allows 2nd or 3rd time DUI offender to attend certain treatment.
CategoryTransportation Vehicles
SponsorsSen. Mark S. Norris / Rep. Gerald McCormick
DescriptionAllows the judge, as a condition of probation, to order person convicted of a second or third offense of DUI to participate in an inpatient or intensive outpatient substance abuse treatment program following a clinical substance abuse assessment. Requires the substance abuse assessment to be administered by qualified alcohol and drug abuse treatment personnel. Requires sentence reduction credits to be awarded to persons ordered to attend such substance abuse treatment programs and specifies the amount of sentence reduction credits to be awarded. (Part of Administration Package)
AmendmentHouse Criminal Justice Committee amendment 1 (011723) makes technical corrections.
Fiscal Note
February 4, 2014 Decrease Local Expenditures – $1,830,600/Incarceration.
Senate Status01/16/2014 - Referred to Senate Judiciary Committee.
House Status02/19/2014 - House Finance Subcommittee recommended. Sent to House Finance Committee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 40, Chapter 35, Part 3 and Title 55, Chapter 10, Part 4, relative to probation options for certain DUI offenders.
SB1643 / HB1438 Exception for certain employees to ignition interlock installation.
CategoryTransportation Vehicles
SponsorsSen. Mark S. Norris / Rep. Gerald McCormick
DescriptionEliminates the exception allowing a person required to use an ignition interlock device when operating a motor vehicle to operate a vehicle without an ignition interlock device if that vehicle is used solely in the course of employment and is owned by the employer. Requires that a restricted license issued by a trial judge during the time that a trial for the offense of operating a vehicle under the influence of alcohol is pending may only be used during the time between arrest and conviction, dismissal or acquittal. Provides that the same requirement shall apply to persons seeking a restricted license due to suspension of a license for operating a vehicle under the influence in another jurisdiction. (Part of Administration Package)
Fiscal Note
(Dated January 24, 2014) Other Fiscal Impact – Enactment of this bill will place the Department of Transportation (TDOT) in compliance with federal law. As a result, there will be a shift of use for approximately $17,994,100 from the Hazard Elimination Program to the National Highway Performance Program and the Surface Transportation Program.
Senate Status02/20/2014 - Senate passed.
House Status02/19/2014 - House Finance Subcommittee recommended. Sent to House Finance Committee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 40, Chapter 11; Title 40, Chapter 33; Title 50; Title 55, Chapter 10, Part 4 and Title 55, Chapter 50, Part 5, relative to ignition interlock devices.
SB1792 / HB2196 Installation of cameras on school buses to prevent unlawful passing.
CategoryTransportation Vehicles
SponsorsSen. Ferrell Haile / Rep. Glen Casada
DescriptionIncreases fines for the Class A misdemeanor offense for failure of motor vehicle to stop upon approaching a school bus. In current law the fine can be from $250 to $1,000. This bill specifies that the fine for a first offense is $300, the fine for a second offense is $750, and the fine for a third or subsequent offense is $1,000. Also specifies that a citation for this violation shall be considered a moving traffic violation for assessing points on the driving record of the person convicted. Allows any LEA to purchase, install, operate and maintain cameras on the exterior of school buses to record vehicles unlawfully passing stopped school buses. Also allows LEA to enter into a contract with a private vendor to purchase such exterior cameras.
Fiscal Note
(Dated February 2, 2014) Increase State Revenue – $35,900/Recurring Increase Local Revenue – Exceeds $681,400/Recurring/Permissive Increase Local Expenditures – Exceeds $1,015,200/One-Time/Permissive Exceeds $114,400/Recurring/Permissive
Senate Status02/19/2014 - Senate Education Committee deferred to 03/05/2014.
House Status02/04/2014 - Referred to House Transportation Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 49, Chapter 6, Part 21 and Title 55, Chapter 8, relative to vehicles passing stopped school buses.
SB1845 / HB1753 Application for a motor vehicle temporary lien.
CategoryTransportation Vehicles
SponsorsSen. Jack Johnson / Rep. Kent Calfee
DescriptionIntroduces multiple revisions governing motor vehicle liens. Requires the first lienholder to file "an application for motor vehicle temporary lien" instead of "a notarized copy of the instrument creating and evidencing a lien" when a manufacturer's statement of origin or an existing certificate of title on a motor vehicle is unavailable. Provides for the same fee and information requirement that previously accompanied filing a document to create the lien, but includes that the name, address, and telephone number of the submitter and any other information that the secretary of state deems necessary must be included. Authorizes the lienholder listed on an application to correct the application if it contains incorrect statements by filing articles of correction. Provides that the corrections will be effective on the effective time and date of the application they correct, except as to any person relying on the uncorrected application and adversely affected by the correction; for those persons, the effective date will be the date the articles of corrections are filed. Authorizes the secretary of state to charge an online transaction fee to cover the costs associated with processing payments for applications for motor vehicle temporary liens, articles of correction, and certificate requests submitted online. Provides that an application for motor vehicle temporary lien and articles of correction will be rejected if they contain information that the secretary of state is unable to read or decipher.
Fiscal Note
(Dated February 9, 2014) NOT SIGNIFICANT
Senate Status01/23/2014 - Referred to Senate Transportation & Safety Committee.
House Status02/19/2014 - House Transportation Subcommittee deferred to 02/26/14.
CaptionAN ACT to amend Tennessee Code Annotated, Section 55-3-126, relative to motor vehicle liens.
SB2230 / HB1923 DUI offenders - restrictions on purchasing alcohol.
CategoryTransportation Vehicles
SponsorsSen. Rusty Crowe / Rep. Matthew Hill
DescriptionProhibits persons convicted of DUI-first offense from purchasing any kind of alcohol in this state for four years after the date of conviction. Prohibits persons convicted of DUI-second or subsequent offense from purchasing any kind of alcohol in this state on or after the date of conviction. Requires such convicted person to have a new ID issued with certain language prohibiting alcohol from being sold to the person. Requires alcohol sellers of both off-premises and on-premises consumption to not sell alcohol to persons prohibited from purchasing alcohol.
Fiscal Note
(Dated February 14, 2014) Decrease State Revenue – Net Impact – Exceeds $413,300/Recurring Increase State Expenditures - $212,500/One-Time Decrease Local Revenue – Exceeds $196,200/Recurring Other Fiscal Impact - There could be subsequent increases in state and local government revenue and other reductions in other state and local government expenditures due to the secondary economic impacts occurring as a result of behavioral changes prompted by passage of this bill. Due to multiple unknown factors, such as the extent of any behavioral changes that may occur as a result of this bill, the fiscal impacts directly attributable to secondary economic impacts occurring as the result of any behavioral changes cannot be quantified with reasonable certainty.
Senate Status02/19/2014 - Senate Transportation & Safety Committee deferred to 03/05/2014.
House Status02/04/2014 - Referred to House Transportation Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 39; Title 55, Chapter 10; Title 55, Chapter 50 and Title 57, relative to driving under the influence.
SB2260 / HB1899 Requires title to dismantle a motor vehicle.
CategoryTransportation Vehicles
SponsorsSen. Ken Yager / Rep. John Mark Windle
DescriptionRequires that a vehicle title be shown for all motor vehicles sold to a motor vehicle dismantler and recycler or scrap metal processor, removing the exception for vehicles that were 12 years or older.
Fiscal Note
(Dated February 6, 2014) NOT SIGNIFICANT
Senate Status01/29/2014 - Referred to Senate Transportation & Safety Committee.
House Status02/19/2014 - Taken off notice in House Transportation Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 55, Chapter 3, relative to motor vehicle certificates of title.
SB2301 DUI - testing of saliva.
CategoryTransportation Vehicles
SponsorsSen. Randy McNally
DescriptionAdds saliva to the substances that may be tested to determine the intoxication of the operator of a motor vehicle, boat or plane.
Senate Status01/29/2014 - Referred to Senate Judiciary Committee.
House StatusNone
CaptionAN ACT to amend Tennessee Code Annotated, Title 38, Chapter 6, Part 1; Title 39; Title 40; Section 42-1-203; Title 55 and Title 69, relative to testing for alcohol content.
SB2386 / HB2345 Proof of financial responsibility - standards.
CategoryTransportation Vehicles
SponsorsSen. Lowe Finney / Rep. Sherry Jones
DescriptionIncreases the minimum standards required for poof of financial responsibility after certain dates. If proof is required after December 31, 2008, the split-limit policy for damage to property increases from $10,000 to $15,000. If proof is required after December 31, 2014, a written proof of liability insurance coverage provided by a single limit policy increases from $60,000 to $100,000 applicable to one accident. Split-limit policy amounts increase to: 1) $50,000 for bodily injury to or death of one, 2) $100,000 for bodily injury or death of two or more persons in any one accident, and 3) $25,000 for damage to property in any one accident. Cash deposits with the commissioner increases to $100,000 and the execution and filing of a bond with the commissioner increases to $100,000.
Senate Status01/30/2014 - Referred to Senate Transportation & Safety Committee.
House Status02/12/2014 - Referred to House Transportation Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Section 55-12-102, relative to financial responsibility.
SB2452 DUI - court may order certain alternative confinement facility.
CategoryTransportation Vehicles
SponsorsSen. John Stevens
DescriptionPermits the court to sentence a person convicted of driving under the influence to an alternative confinement facility with a court approved DUI education program.
Senate Status02/06/2014 - Referred to Senate Judiciary Committee.
House StatusNone
CaptionAN ACT to amend Tennessee Code Annotated, Title 55, Chapter 10, Part 4, relative to alcohol and drug related offenses.
SB2505 / HB2301 Prohibits handheld cell phone use while driving.
CategoryTransportation Vehicles
SponsorsSen. Reginald Tate / Rep. Jim Coley
DescriptionCreates the Class C misdemeanor offense of driving a motor vehicle and using a handheld mobile phone while the vehicle is in motion. Makes exception for use of hands-free mobile device by driver and allows usage of handheld mobile phone in instances of a bona fide emergency.
Senate Status02/10/2014 - Referred to Senate Judiciary Committee.
House Status02/12/2014 - Referred to House Transportation Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 55, Chapter 8, relative to the use of a mobile telephone under certain circumstances.
SB2517 / HB2457 Uninsured Motorist Enforcement Act.
CategoryTransportation Vehicles
SponsorsSen. Bill Ketron / Rep. Jon Lundberg
DescriptionEnacts the "Uninsured Motorist Enforcement Act," which requires owner of a motor vehicle to show proof of insurance or proof that a cash deposit or bond has been paid or filed with the department of safety prior to issuance of motor vehicle registration or renewal. Specifies that the vehicle registration will automatically terminate within ten business days when a vehicle policy is terminated or canceled. Creates an uninsured motorist identification database program to be administered by the department of revenue. Specifies that the purpose of the program is to (1) Establish a database to verify compliance with financial responsibility requirements under this chapter; (2) Assist in reducing the number of uninsured motor vehicles on the highways of this state; and (3) Assist in the identification and prevention of identity theft and other crimes. (13 pp.)
Senate Status02/10/2014 - Referred to Senate Commerce & Labor Committee.
House Status02/12/2014 - Referred to House Transportation Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4; Title 6; Title 7; Title 10, Chapter 7; Title 12; Title 38; Title 39; Title 40; Title 55 and Title 56, relative to the Uninsured Motorist Enforcement Act. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
HB853 Second offense DUI - ability to drive with ignition interlock device.
CategoryTransportation Vehicles
SponsorsRep. William G. Lamberth
DescriptionRequires a court that allows a person convicted of a second offense of driving while intoxicated to drive a vehicle equipped with an ignition interlock device, if the court allows the person to receive a restricted motor vehicle operator's license.
Fiscal Note
(Dated: March 7 2013) Not Significant.
Senate StatusNone
House Status03/12/2013 - Taken off notice in House Criminal Justice Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 7; Title 29; Title 37; Title 38; Title 39; Title 40; Title 41; Title 49; Title 55; Title 68 and Title 71, relative to alcohol related traffic offenses.
HB2396 Increases fines for texting while driving.
CategoryTransportation Vehicles
SponsorsRep. Jon Lundberg
DescriptionRaises the fine for driving a vehicle while transmitting or reading a written message with a hand-held mobile telephone from a maximum of $50 to $250. Clarifies that a violation is a primary offense for which a citation shall be issued based solely upon evidence of such violation.
Senate StatusNone
House Status02/12/2014 - Referred to House Transportation Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 40; Title 55, Chapter 10; Title 55, Chapter 50 and Title 55, Chapter 8, relative to using electronic devices while operating a motor vehicle.

Utilities - 1

SB2027 / HB1831 Telecommunications providers - required customer notice.
CategoryUtilities
SponsorsSen. Joey Hensley / Rep. Joe Carr
DescriptionRequires telecommunications providers to provide customers with a disclosure statement, which is separate from any other disclosure documentation, indicating that the federal government may monitor the customer's transmissions without the customer's consent. Establishes a penalty of no less than $100 and no more than $1,000 for failure to provide such a disclosure statement.
Senate Status01/29/2014 - Referred to Senate Commerce & Labor Committee.
House Status02/04/2014 - Referred to House Business & Utilities Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 7; Title 39 and Title 65, relative to telecommunications providers.

Veterans & Military Affairs - 1

SB255 Expedites issuance of certain licenses for service members.
CategoryVeterans & Military Affairs
SponsorsSen. Mark Green
DescriptionRequires each health related board to establish a procedure to expedite the issuance of a license, certification or permit to perform professional services regulated by each such board to any person who is certified in another state to perform professional services, whose spouse is a member of the armed forces and subject of a military transfer to this state, and who left employment to accompany the person's spouse to this state. Requires the establishment of the same procedure for a person who is licensed in another state to perform professional services, who performed professional services as a member of the armed forces, and who retired from the armed services, received an honorable discharge, or was released from active duty. Allows the temporary renewal of a license to perform professional services issued by this state for any member of the national guard or a reserve component of the armed forces who is called to active duty.
Senate Status01/30/2013 - Withdrawn in Senate.
House StatusNone
CaptionAN ACT to amend Tennessee Code Annotated, Title 4, Chapter 3, Part 13; Title 49, Chapter 7; Title 49, Chapter 8; Title 49, Chapter 9; Title 62; Title 63 and Title 68, Chapter 1, relative to boards and commissions.

Workers Compensation - 8

SB616 / HB327 Removes some medical conditions under the workers' compensation law.
CategoryWorkers Compensation
SponsorsSen. Ken Yager / Rep. Charles Curtiss
DescriptionExcludes myocardial infarctions, arrhythmias, strokes, or any disease of the heart or brain from the definition of injury and personal injury under Workers Compensation Law. Establishes that diseases of the heart, neurovascular system, brain and hypertension are not considered occupational diseases under Workers Compensation Law.
Fiscal Note
(Dated: March 14 2013) Decrease State Expenditures - Exceeds $10,000/Risk Management Fund - Decrease Local Expenditures - Exceeds $10,000.
Senate Status03/19/2013 - Taken off notice in Senate Commerce & Labor Committee.
House Status03/20/2013 - Taken off notice in House Consumer & Human Resources Subcommittee.
Executive Status02/28/2013 - Workers' Compensation Advisory Council deferred to next meeting.
CaptionAN ACT to amend Tennessee Code Annotated, Title 50, Chapter 6, relative to workers' compensation.
SB688 Review of reform legislation.
CategoryWorkers Compensation
SponsorsSen. Reginald Tate
DescriptionRequires the commissioner of commerce and insurance to reinstate until 2015 the review of the impact of Acts 2004 on premiums charged by insurers who provide workers' compensation coverage in this state.
Fiscal Note
(Dated: March 10 2013) Not Significant.
Senate Status03/19/2013 - Taken off notice in Senate Commerce & Labor Committee.
House StatusNone
CaptionAN ACT to amend Tennessee Code Annotated, Title 50, relative to workers' compensation.
SB777 / HB666 Repeals the workers' compensation review committee.
CategoryWorkers Compensation
SponsorsSen. Steven Dickerson / Rep. Dale Carr
DescriptionRepeals the workers' compensation review committee.
Fiscal Note
(Dated: March 8 2013) Not Significant.
Senate Status02/20/2013 - Taken off notice in Senate Commerce & Labor Committee.
House Status02/07/2013 - Reassigned to House Government Operations.
Executive Status02/28/2013 - Workers' Compensation Advisory Council did not consider this bill.
CaptionAN ACT to amend Tennessee Code Annotated, Section 50-6-623, relative to the workers' compensation review committee.
SB1185 / HB439 Deletes reference to annual report.
CategoryWorkers Compensation
SponsorsSen. Jim Tracy / Rep. Pat Marsh
DescriptionDeletes a reference to the annual report conducted between 2007 and 2010 by the commissioner of commerce and insurance on the impact of Acts 2004, ch. 962 on premiums charged by insurers who provide workers' compensation coverage in this state.
Fiscal Note
(Dated: February 12 2013) Not Significant.
Senate Status02/13/2013 - Referred to Senate Commerce & Labor Committee.
House Status02/05/2013 - Referred to House Consumer & Human Resources Subcommittee.
Executive Status02/28/2013 - Workers' Compensation Advisory Council deferred to next meeting.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4; Title 8; Title 9; Title 12; Title 13; Title 29; Title 38; Title 50; Title 54; Title 56; Title 63 and Title 68, relative to workers' compensation.
SB1364 / HB1102 Providing of impairment ratings for mental injuries.
CategoryWorkers Compensation
SponsorsSen. Reginald Tate / Rep. Gary Odom
DescriptionAuthorizes psychologists licensed in this state to provide impairment ratings for a mental injury claimed by an employee. Establishes penalties for construction providers who engage in conduct that would avoid proper classification of worker's compensation insurance premiums. Requires a stop work order be issued within 72 hours if the commissioner makes a determination that issuance of a stop work order is appropriate. Establishes notice in regards to a stop work order. Requires a stop work order remain in effect until the construction service provider complies with the coverage requirements and has paid the penalty. Allows the department to order conditional releases from stop work orders. Establishes a 10 day period from the date of notice to appeal the order and requires the commissioner to rule on the appeal five days after the day of the hearing. Creates a $1,000 per day penalty against a construction provider for each day that the construction service provider operates in violation of a stop work order.
Fiscal Note
(Dated: March 14 2013) Increase State Revenue - Exceeds $62,900/Each Year FY13-14 thru FY17-18/General Fund - Exceeds $198,100/Each Year FY18-19 thru FY22-23/General Fund - $245,300/FY23-24 and Subsequent Years/General Fund - Exceeds $800/Each Year FY13-14 thru FY16-17/Second Injury Fund - Exceeds $14,000/FY17-18 and Subsequent Years/Second Injury Fund - Exceeds $200/Each Year FY13-14 thru FY16-17/TOSHA - Exceeds $2,800/FY17-18 and Subsequent Years/TOSHA - Exceeds $293,500/Each Year FY13-14 thru FY17-18/ - Unemployment Insurance Trust Fund - Exceeds $869,800/Each Year FY18-19 thru FY22-23/ - Unemployment Insurance Trust Fund $1,092,600/FY23-24 and Subsequent Years/- Unemployment Insurance Trust Fund - Increase State Expenditures - $7,600/One-time/Employee Misclassification - Education and Enforcement Fund - $362,400/Recurring/Employee Misclassification - Education and Enforcement Fund.
Senate Status03/19/2013 - Taken off notice in Senate Commerce & Labor Committee.
House Status02/20/2013 - Referred to House Consumer & Human Resources Subcommittee.
Executive Status02/28/2013 - Workers' Compensation Advisory Council recommended against passage.
CaptionAN ACT to amend Tennessee Code Annotated, Title 50, Chapter 6, relative to workers' compensation.
SB1870 / HB2159 Workers' compensation division - report time change.
CategoryWorkers Compensation
SponsorsSen. Doug Overbey / Rep. Dennis E. Roach
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.
Fiscal Note
(Dated February 5, 2014) NOT SIGNIFICANT
Senate Status01/23/2014 - Referred to Senate Commerce & Labor Committee.
House Status02/04/2014 - Referred to House Consumer & Human Resources Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 50, relative to workers' compensation.
SB2251 / HB2105 Employment not covered under workers' compensation law.
CategoryWorkers Compensation
SponsorsSen. Becky Duncan Massey / Rep. Ryan A. Haynes
DescriptionRequires that in the case of a leased operator or a leased owner/operator of a motor vehicle under contract to a common carrier electing to be covered under any policy of workers' compensation insurance insuring the common carrier, the leased operator or owner shall establish the validity of and satisfy the terms and conditions of all contractual agreements between parties prior to processing a workers' compensation claim. Provides that the chancery court of the county where a contract was entered or the county of the principal place of business of the common carrier shall be the venue for disputes connected with the validity of contractual relationship or terms of the written agreement upon which workers' compensation benefits are extended between a common carrier and a leased operator or leased owner/operator.
AmendmentSenate amendment 1 (012443) makes a technical correction and establishes a statute of limitations for filing a petition for benefit determination shall be 90 days after final judgment has been entered in the suit including all appeals. Establishes in cases where a leased operator or leased owner/operator has filed a petition for benefit determination before the leased operator, leased/owner operator has filed a suit to resolve a contract dispute, the petition for benefit determination shall be held in abeyance by the division until final judgment, including all appeals, has been entered in the suit.
Fiscal Note
(Dated February 10, 2014) NOT SIGNIFICANT
Senate Status02/20/2014 - Senate passed with amendment 1 (012443), which makes a technical correction and establishes a statute of limitations for filing a petition for benefit determination shall be 90 days after final judgment has been entered in the suit including all appeals. Establishes in cases where a leased operator or leased owner/operator has filed a petition for benefit determination before the leased operator, leased/owner operator has filed a suit to resolve a contract dispute, the petition for benefit determination shall be held in abeyance by the division until final judgment, including all appeals, has been entered in the suit.
House Status02/04/2014 - Referred to House Consumer & Human Resources Subcommittee.
Executive Status02/13/2014 - Set for Workers' Compensation Advisory Council 02/21/14.
CaptionAN ACT to amend Tennessee Code Annotated, Section 50-6-106, relative to workers' compensation.
HB573 Excludes certain conditions under workers compensation.
CategoryWorkers Compensation
SponsorsRep. John Mark Windle
DescriptionExcludes diseases of the heart, neurovascular system, brain and hypertension from occupational diseases under workers compensation. Excludes myocardial infarctions, arrhythmias, strokes, and any disease of the heart or brain from the definition of injury and personal injury under workers compensation.
Fiscal Note
(Dated: March 15 2013) Decrease State Expenditures - Exceeds $10,000/Risk Management Fund - Decrease Local Expenditures - Exceeds $10,000.
Senate StatusNone
House Status03/20/2013 - Taken off notice in House Consumer & Human Resources Subcommittee.
CaptionAN ACT to amend Tennessee Code Annotated, Title 50, Chapter 6, relative to workers compensation.


© 2014 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.