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(Updated April 15, 2013)
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.
Alcoholic Beverages - 1
SB837 / HB610 Permit to sell wine at retail food stores.
| Category |
Alcoholic Beverages |
| Sponsors |
Sen. Bill Ketron / Rep. Jon Lundberg |
| Description |
Allows cities and counties to hold a referendum to authorize selling wine at retail food stores. Creates permit to sell wine at retail food stores. |
| Amendment |
SENATE FINANCE AMENDMENT 4 decreases the licensing fee to $550 for a store under 10,000 square feet. Provides that the fee for an establishment over 10,000 square feet remains the same. Establishes that the time of the sale of wine is tied to the local hours of when beer is permitted to be sold. Allows a single entity to obtain an alcohol and beer wholesalers licensees. Clarifies that the three tier distribution system shall not be interrupted. Allows liquor stores to be open on holidays and Sunday from noon to 11:00 pm. Provides retail package stores two years to prepare for grocery stores to sell wine. Allows retail package stores to start selling early. SENATE FINANCE AMENDMENT 5 (005297) allows liquor stores to be open on Sundays. SENATE FINANCE AMENDMENT 9 strikes the language of Senate Finance amendment 5. |
| 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 Status |
04/15/2013 - Set for Senate Finance Continued 04/16/13. |
| House Status |
03/12/2013 - Failed in House Local Government Committee after a 7-8 vote. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 2 and Title 57, relative to alcoholic beverages. |
Banking & Credit - 15
SB151 / HB145 Exempts unsolicited transactions from certain requirements.
| Category |
Banking & Credit |
| Sponsors |
Sen. Mark S. Norris / Rep. Gerald McCormick |
| Description |
Exempts certain non-issuer transactions by or through a broker-dealer from certain requirements of securities law. (Part of Administration Package) |
| Fiscal Note |
(Dated: February 14 2013) Not Significant.
|
| Senate Status |
03/04/2013 - Senate passed. |
| House Status |
04/11/2013 - House passed. |
| Executive Status |
04/11/2013 - Sent to the speakers for signatures. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 48, Chapter 1, Part 1, relative to regulation of securities. |
SB167 / HB161 Disclosure of information from bank examiner.
| Category |
Banking & Credit |
| Sponsors |
Sen. Mark S. Norris / Rep. Gerald McCormick |
| Description |
Authorizes the commissioner of the TN Department of Financial Institutions to disclose information from bank examiner reports to the Federal Reserve Board when disclosure is in the best interest of sound banking regulation (instead of only in the case of an application to form a bank holding company if the principal affiliate bank to be acquired is a state bank). Clarifies that commissioner may disclose such information to the Federal Consumer Financial Protection Bureau, instead of the Office of Thrift Supervision, which ceased to exist in October 2011.(Part of Administration Package) |
| Fiscal Note |
(Dated: February 5 2013) Not Significant.
|
| Senate Status |
03/11/2013 - Senate passed. |
| House Status |
03/04/2013 - House passed. |
| Executive Status |
03/28/2013 - Enacted as Public Chapter 0036 effective March 22, 2013. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 45-2-1603, relative to the authority of the commissioner to disclose certain information. |
SB168 / HB162 Licensing requirements for money transmitters.
| Category |
Banking & Credit |
| Sponsors |
Sen. Mark S. Norris / Rep. Gerald McCormick |
| Description |
Revises licensing requirements for money transmitters. Requires money transmitters to obtain a license under new requirements for 2014. Authorizes the commissioner of financial institutions to require money transmitters to be licensed through a multi-state automated licensing system. (Part of Administration Package) |
| Amendment |
House amendment 1 (003627) removes this bill's provision specifying that the commissioner is not prohibited from releasing to the public a list of authorized agents or a list of authorized locations or branches. This amendment also makes several technical, non-substantive corrections to this bill. |
| Fiscal Note |
(Dated: February 14 2013) Not Significant.
|
| Senate Status |
03/27/2013 - Senate passed. |
| House Status |
03/21/2013 - House passed with amendment 1. |
| Executive Status |
04/11/2013 - Signed by governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 45, Chapter 7, relative to money transmission. |
SB169 / HB163 Grants commissioner additional options.
| Category |
Banking & Credit |
| Sponsors |
Sen. Mark S. Norris / Rep. Gerald McCormick |
| Description |
Allows the commissioner of financial institutions to accept payments to the department by credit card, electronic funds transfer or other electronic means and to impose a convenience charge in addition to all other fees, penalties, taxes and costs required by law. Authorizes the commissioner to enter into agreements with a third party to process payments and allows the third party to impose a convenience fee. (Part of Administration Package) |
| Amendment |
House amendment 1 (003489) clarifies that the commissioner may collect a convenience fee from any person making payment by electronic means in order to offset the actual administrative fees and costs incurred by the department for "accepting or processing" such payments instead of "accepting and/or processing" such payments. |
| Fiscal Note |
(Dated: February 17 2013) Increase State Revenue - Exceeds $8,200/Department of Financial Institutions - Increase State Expenditures - - Exceeds $8,200/Department of Financial Institutions.
|
| Senate Status |
03/27/2013 - Senate passed. |
| House Status |
03/21/2013 - House passed with amendment 1. |
| Executive Status |
04/11/2013 - Signed by governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 45, Chapter 1, relative to methods for making payments to the department of financial institutions. |
SB224 / HB443 Credit card acceptance and establishing amount owed.
| Category |
Banking & Credit |
| Sponsors |
Sen. Becky Duncan Massey / Rep. Roger Kane |
| Description |
Allows a person to accept a credit card account's terms and conditions either by written or electronic signature or by using the credit card account if the credit card agreement specifies that use of the credit card constitutes acceptance of the credit card agreement terms. Allows a creditor to establish a presumption of debt amount owed by presenting a copy of issuer's final billing statement or by data maintained by issuer. Allows a creditor to establish the contracted interest rate for a credit card account through the terms and conditions or the billing statement. |
| Amendment |
SENATE AMENDMENT 1 (005956) rewrites the bill. Allows a creditor's records custodian to testify to certain records contained by the creditor. Specifies that a creditor's records include 1) certain records from an original creditor, issuer, or succeeding creditor that have been acquired by the creditor through a contractual agreement, an account purchase transaction or assignment in the creditor's regularly conducted business and 2) such records are incorporated in the creditor's records and relied upon in the creditor's regularly conducted business activity. |
| Fiscal Note |
(Dated: February 11 2013) Not Significant.
|
| Senate Status |
04/04/2013 - Senate passed with amendment 1. SENATE AMENDMENT 1 (005956) rewrites the bill. Allows a creditor's records custodian to testify to certain records contained by the creditor. Specifies that a creditor's records include 1) certain records from an original creditor, issuer, or succeeding creditor that have been acquired by the creditor through a contractual agreement, an account purchase transaction or assignment in the creditor's regularly conducted business and 2) such records are incorporated in the creditor's records and relied upon in the creditor's regularly conducted business activity. |
| House Status |
04/08/2013 - House passed. |
| Executive Status |
04/11/2013 - Sent to governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 47, Chapter 22, relative to credit cards. |
SB243 / HB548 Judgment debtors to notify judgment creditors.
| Category |
Banking & Credit |
| Sponsors |
Sen. Stacey Campfield / Rep. Charles Curtiss |
| Description |
Requires a judgment debtor whose salaries, wages, or other compensation are subject to a garnishment to notify the judgment creditor who filed the writ of garnishment within ten days of obtaining any new employment. |
| Amendment |
Senate Amendment 2 (005215) requires the judgment debtor to notify the judgment creditor when the judgment debtor obtains new employment. Notice to the judgment creditor shall include the name, address and telephone number of the new employer. If the judgment debtor fails to notify the clerk or judgment creditor, the judgment debtor is in contempt of court and shall be punished the same as contempt of court in a judicial proceeding. A judgment debtor's notification is timely if the notification is mailed less than 10 days after obtaining new employment. All fees imposed by the clerk or any other party for reissuing a garnishment with the debtor's new employment information shall be imposed upon the judgment debtor by adding the amount to the debt to be collected. House amendment 1 (005817) makes the same changes as those described in the summary for Senate Amendment 2 and makes punishment in the same manner as contempt of court for a judgment debtor who does not provide notice of a change in employment permissive rather than mandatory. |
| Fiscal Note |
(Dated: February 17 2013) Not Significant.
|
| Senate Status |
04/08/2013 - Senate concurred in House amendment 1 (005817), which makes the same changes as those described in the summary for Senate Amendment 2 and makes punishment in the same manner as contempt of court for a judgment debtor who does not provide notice of a change in employment permissive rather than mandatory. |
| House Status |
04/03/2013 - House passed with amendment 1. |
| Executive Status |
04/11/2013 - Sent to governor. |
| Caption |
AN ACT amend Tennessee Code Annotated, relative to garnishment. |
SB615 / HB871 Expanded provisions in bank charters.
| Category |
Banking & Credit |
| Sponsors |
Sen. Ken Yager / Rep. Curtis G. Johnson |
| Description |
Authorizes expanded provisions in bank charters beyond the requirements of the Tennessee Business Corporation Act. Allows the bank to prohibit the disclosure of names, addresses, or number of shares of a bank shareholder except as required or permitted by the Tennessee Financial Records Privacy Act. Allows the bank to prohibit the solicitation of a proxy or written consent from any shareholder unless the information specified by the bank's bylaws is delivered to the bank and to the shareholders as a group no later than the date specified in the bank's bylaws. Requires a bank to specify a reasonable method for shareholders to communicate with other shareholders if an informational requirement is adopted. Establishes for shareholders the right to be informed in writing by the bank of the number of shares counted towards certain actions if the bank's charter or bylaws expressly authorize shareholder actions by written consent. Establishes the right for any bank shareholder of record to seek a declaratory judgment with respect to a bona fide dispute regarding votes in a court of record in the county in which the bank's main office or chief executive's office is located. |
| Amendment |
House amendment 1 (004170) specifies that the charter (instead of the charter or bylaws) "may include all, but not less than all" of the provisions discussed in the bill. Adds the following provisions to the bill: (1) If a bank amends its charter in accordance with this bill, the charter must include the following language, in all capital letters and in at least 12-point bold type: "THE RECORD OF SHAREHOLDERS OF THIS BANK IS NOT SUBJECT TO INSPECTION AND COPYING IN ACCORDANCE WITH TENN. CODE ANN. § 48-26-102. IT IS A FINANCIAL RECORD AND MAY BE OBTAINED ONLY IN ACCORDANCE WITH THE FINANCIAL RECORDS PRIVACY ACT., COMPILED IN TENN. CODE ANN. §§ 45-10-101 et seq."; (2) If a shareholder of a bank, which amends its charter in accordance with this bill, notifies the bank in writing that the shareholder consents to the release of information in the shareholder record relating to such shareholder, the bank must timely provide such information to any shareholder requesting the information; and (3) If a bank adopts a charter amendment pursuant to this bill, the commissioner may not charge a fee for approving the amendment. |
| Fiscal Note |
(Dated: February 14 2013) Not Significant.
|
| Senate Status |
03/28/2013 - Senate concurred in House amendment 1 (004170). |
| House Status |
03/21/2013 - House passed with amendment 1. |
| Executive Status |
04/12/2013 - Signed by governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 45, Chapter 2, relative to financial institutions. |
SB697 / HB48 Prohibits title pledge lenders from charging certain fees.
| Category |
Banking & Credit |
| Sponsors |
Sen. Reginald Tate / Rep. Lois M. DeBerry |
| Description |
Prohibits 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 Status |
02/08/2013 - Referred to Senate Commerce & Labor Committee. |
| House Status |
02/13/2013 - Taken off notice in House Insurance & Banking Subcommittee. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 45, Chapter 15, relative to pledges. |
| Category |
Banking & Credit |
| Sponsors |
Sen. Reginald Tate / Rep. G.A. Hardaway |
| Description |
Enacts 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.) |
| 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 Status |
02/08/2013 - Referred to Senate Commerce & Labor Committee. |
| House Status |
03/27/2013 - House Insurance & Banking Subcommittee deferred 01/01/14. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 26; Title 45; Title 47; Title 55; Title 56; Title 62, Chapter 11 and Title 66, relative to collateral recovery. |
SB859 / HB404 Failure to perform credit or debit card ID checks at point of sale.
| Category |
Banking & Credit |
| Sponsors |
Sen. Reginald Tate / Rep. Johnnie Turner |
| Description |
Creates 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 Status |
03/18/2013 - Taken off notice in Senate Commerce & Labor Committee. |
| House Status |
02/05/2013 - Referred to House Insurance & Banking Subcommittee. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 39; Title 45 and Title 47, relative to verification of identification. |
SB1020 / HB870 Real property acquired to secure a loan.
| Category |
Banking & Credit |
| Sponsors |
Sen. Mike Bell / Rep. Cameron Sexton |
| Description |
Allows banks to acquire real property to secure certain loans for up to 10 years, instead of five years or a greater period of time that the commissioner allows. Details process for such acquiring including write offs and appraisals. |
| Amendment |
House amendment 1 (004114) rewrites the appraisal provisions of this bill described above in the bill summary in (5) and (6) to instead provide that not more than 120 days before or 30 days after the date the parcel is acquired by the bank as real property owned, or from the date on which the bank legally acquires the real property for investment purposes, the bank must obtain from an independent, qualified appraiser an appraisal of the parcel; provided, however, that: (1) For parcels whose book value is $250,000 or less, the bank may obtain an evaluation in lieu of an appraisal; and (2) For parcels whose book value is $100,000 or less, no appraisal or evaluation shall be required. Within 12 months from the date the bank acquires the real property, and every 12 months thereafter for as long as the bank owns the real property, the bank must obtain another appraisal or evaluation, whichever is appropriate. |
| Fiscal Note |
(Dated: February 20 2013) Not Significant.
|
| Senate Status |
04/01/2013 - Senate concurred in House amendment 1. |
| House Status |
03/28/2013 - House passed with amendment 1 (004114). |
| Executive Status |
04/08/2013 - Sent to governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 45, relative to banks. |
SB1060 / HB733 Penalties for violation of the TN Money Transmitters Act.
| Category |
Banking & Credit |
| Sponsors |
Sen. Thelma Harper / Rep. Mike Stewart |
| Description |
Increases 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 Status |
02/08/2013 - Referred to Senate Commerce & Labor Committee. |
| House Status |
02/06/2013 - Referred to House Insurance & Banking Subcommittee. |
| Caption |
AN 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.
| Category |
Banking & Credit |
| Sponsors |
Sen. Ophelia Ford / Rep. Joe Towns Jr. |
| Description |
Renames "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 Status |
03/27/2013 - Taken off notice in Senate Commerce & Labor Committee. |
| House Status |
03/27/2013 - House Consumer & Human Resources Subcommittee deferred to 2014. |
| Caption |
AN 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.
| Category |
Banking & Credit |
| Sponsors |
Sen. James F. Kyle Jr. / Rep. Johnnie Turner |
| Description |
Requires 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 Status |
03/19/2013 - Senate Commerce & Labor Committee deferred to next meeting. |
| House Status |
03/19/2013 - Taken off notice in House Business & Utilities Subcommittee. |
| Caption |
AN 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.
| Category |
Banking & Credit |
| Sponsors |
Sen. James F. Kyle Jr. / Rep. Jason Powell |
| Description |
Prohibits 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 Status |
03/19/2013 - Taken off notice in Senate Commerce & Labor Committee. |
| House Status |
03/20/2013 - Taken off notice in House Insurance & Banking Subcommittee. |
| Caption |
AN 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. |
Campaigns & Lobbying - 8
SB297 / HB898 Political party to hold primary election for nominations.
| Category |
Campaigns & Lobbying |
| Sponsors |
Sen. Lowe Finney / Rep. Jason Powell |
| Description |
Requires 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 Status |
01/31/2013 - Referred to Senate State & Local Government. |
| House Status |
03/27/2013 - Taken off notice in House Local Government Subcommittee. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 2, Chapter 13, relative to political parties. |
SB471 / HB415 Election of United States Senate candidates.
| Category |
Campaigns & Lobbying |
| Sponsors |
Sen. Frank Niceley / Rep. Harry Brooks |
| Description |
Eliminates 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 Status |
04/01/2013 - Senate deferred to heel of last calendar of 2013. |
| House Status |
04/02/2013 - Taken off notice in House State Government Committee. |
| Caption |
AN 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.
| Category |
Campaigns & Lobbying |
| Sponsors |
Sen. Reginald Tate |
| Description |
Establishes 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 Status |
02/08/2013 - Withdrawn in Senate. |
| House Status |
None |
| Caption |
AN 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.
| Category |
Campaigns & Lobbying |
| Sponsors |
Sen. Bo Watson / Rep. Glen Casada |
| Description |
Removes 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 Status |
04/10/2013 - Senate State & Local Government Committee recommended. Sent to Senate Calendar Committee. |
| House Status |
04/11/2013 - House deferred to 04/17/2013. |
| Caption |
AN 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.
| Category |
Campaigns & Lobbying |
| Sponsors |
Sen. Reginald Tate / Rep. Joe Towns Jr. |
| Description |
Permits 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 Status |
03/26/2013 - Taken off notice in Senate State & Local Government Committee. |
| House Status |
03/26/2013 - Taken off notice in House State Government Subcommittee. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 3, Chapter 6, relative to ethics and lobbying. |
SB947 Gifts to members of general assembly.
| Category |
Campaigns & Lobbying |
| Sponsors |
Sen. Stacey Campfield |
| Description |
Prohibits 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 Status |
02/08/2013 - Referred to Senate State & Local Government. |
| House Status |
None |
| Caption |
AN 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.
| Category |
Campaigns & Lobbying |
| Sponsors |
Sen. James F. Kyle Jr. / Rep. Johnnie Turner |
| Description |
Prohibits 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 Status |
02/08/2013 - Referred to Senate Judiciary. |
| House Status |
03/27/2013 - Taken off notice in House Local Government Subcommittee. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 40, Chapter 29, Part 2, relative to voting rights. |
SB1151 / HB630 Prohibits certain campaign contributions.
| Category |
Campaigns & Lobbying |
| Sponsors |
Sen. Stacey Campfield / Rep. Joshua G. Evans |
| Description |
Prohibits 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 Status |
04/02/2013 - Taken off notice in Senate State & Local Government Committee. |
| House Status |
03/27/2013 - Taken off notice in House Local Government Subcommittee. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 2, Chapter 10, relative to campaign finance. |
Commercial Law - 6
SB219 / HB307 Amends the Federal Electronic Funds Transfer Act.
| Category |
Commercial Law |
| Sponsors |
Sen. Doug Overbey / Rep. William G. Lamberth |
| Description |
Applies the Uniform Commercial Code – Funds Transfers chapter to a funds transfer that is a remittance transfer as defined in the Electronic Fund Transfer Act (EFTA) unless the remittance transfer is an electronic fund transfer. Requires the EFTA to control when an inconsistency occurs between the EFTA and this state law chapter. Requests the Tennessee Code Commission to include certain official UCC related comments. |
| Fiscal Note |
(Dated: February 6 2013) Not Significant.
|
| Senate Status |
02/21/2013 - Senate passed. |
| House Status |
03/11/2013 - House passed. |
| Executive Status |
04/03/2013 - Enacted as Public Chapter 0051 effective March 26, 2013. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 47, Chapter 4A, relative to electronic funds transfers. |
SB506 / HB497 Low profit limited liability company.
| Category |
Commercial Law |
| Sponsors |
Sen. John Stevens / Rep. Bill Sanderson |
| Description |
Creates 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 Status |
02/05/2013 - Referred to Senate Commerce & Labor Committee. |
| House Status |
02/05/2013 - Referred to House Business & Utilities Subcommittee. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 48 and Title 67, relative to low-profit limited liability companies. |
SB596 / HB872 Premium finance transactions - perfected security interest.
| Category |
Commercial Law |
| Sponsors |
Sen. Jack Johnson / Rep. Ryan A. Haynes |
| Description |
Adds premium finance company to the list of entities that can maintain a perfected security interest in certain commercial transactions. Clarifies that assignments of premium finances are perfected. |
| Amendment |
House amendment 1 (004132) specifies that the entities referenced in the bill will have a "perfected assignment and security interest in premiums financed" instead of a "perfected assignment in any premiums financed with the sale or extension of credit." Removes the reference to the financing of insurance premiums being "in connection with a sale or extension of credit." Specifies that the secured transaction provisions of present law will also govern the relative priorities of security interests in, and any right of set-off against funds advanced pursuant to a premium finance agreement, in addition to the relative priorities of security interests in, and any right of set-off against cash proceeds of a premium financed. In regard to the definition of "premiums financed," this amendment to a policy or contract being "actually issued" and adds a reference to "related changes," in addition to premiums paid. |
| Fiscal Note |
(Dated: February 19 2013) Not Significant.
|
| Senate Status |
03/18/2013 - Senate concurred in House amendment. |
| House Status |
03/14/2013 - House passed with amendment . |
| Executive Status |
04/12/2013 - Signed by governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 56, Chapter 37, relative to premium finance companies. |
SB763 / HB943 For profit corporations special meetings changes.
| Category |
Commercial Law |
| Sponsors |
Sen. Doug Overbey / Rep. Mark Pody |
| Description |
Authorizes, 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 Status |
02/08/2013 - Referred to Senate Commerce & Labor Committee. |
| House Status |
02/13/2013 - Referred to House Business & Utilities Subcommittee. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 48, relative to the board of directors. |
SB926 / HB1262 Destruction of business filing records and registration changes.
| Category |
Commercial Law |
| Sponsors |
Sen. Jack Johnson / Rep. Terri Lynn Weaver |
| Description |
Authorizes 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 Status |
02/08/2013 - Referred to Senate Commerce & Labor Committee. |
| House Status |
02/27/2013 - Referred to House Business & Utilities Subcommittee. |
| Caption |
AN 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.
| Category |
Commercial Law |
| Sponsors |
Sen. James F. Kyle Jr. / Rep. Larry J. Miller |
| Description |
Clarifies 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 Status |
03/19/2013 - Taken off notice in Senate Commerce & Labor Committee. |
| House Status |
03/19/2013 - House Business & Utilities Subcommittee deferred 1/1/2014. |
| Caption |
AN 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. |
Construction - 1
SB210 / HB110 Installers of manufactured homes - liability for repairs.
| Category |
Construction |
| Sponsors |
Sen. Janice Bowling / Rep. Sheila Butt |
| Description |
Prohibits 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. |
| Amendment |
House 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 Status |
03/27/2013 - Taken off notice in Senate Commerce & Labor Committee. |
| House Status |
04/03/2013 - Taken off notice in House Business & Utilities Committee. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 68, Chapter 126, Part 4, relative to the installation of manufactured homes. |
Corrections - 1
SB695 / HB309 Conditions for defendants released on bail into community.
| Category |
Corrections |
| Sponsors |
Sen. Reginald Tate / Rep. Antonio Parkinson |
| Description |
Allows 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 Status |
02/08/2013 - Referred to Senate Judiciary. |
| House Status |
03/18/2013 - Please note this bill is not on the official House Criminal Justice Subcommittee Addendum for 03/19/13. R/S Set for House Criminal Justice Subcommittee Addendum 03/19/13. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 40, Chapter 11, relative to bail. |
Criminal Law - 51
SB22 / HB28 Administrative law judges to carry firearms.
| Category |
Criminal Law |
| Sponsors |
Sen. Jim Tracy / Rep. John Mark Windle |
| Description |
Authorizes administrative law judges to carry firearms like law enforcement subject to training and certification requirements. |
| Fiscal Note |
(Dated: February 20 2013) Not Significant.
|
| Senate Status |
02/05/2013 - Referred to Senate Judiciary. |
| House Status |
03/13/2013 - Taken off notice in House Civil Justice Subcommittee. |
| Caption |
AN 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.
| Category |
Criminal Law |
| Sponsors |
Sen. Frank Niceley / Rep. Jeremy Faison |
| Description |
Prohibits 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 Status |
04/09/2013 - Taken off notice in Senate Judiciary Committee. |
| House Status |
03/27/2013 - Failed in House Civil Justice Subcommittee for lack of motion. |
| Caption |
AN 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.
| Category |
Criminal Law |
| Sponsors |
Sen. Reginald Tate / Rep. Harold Love Jr. |
| Description |
Broadens 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 Status |
04/09/2013 - Taken off notice in Senate Judiciary Committee. |
| House Status |
02/05/2013 - Referred to House Criminal Justice Subcommittee. |
| Caption |
AN 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.
| Category |
Criminal Law |
| Sponsors |
Sen. Stacey Campfield / Rep. Dennis Powers |
| Description |
Limits 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 Status |
04/02/2013 - Taken off notice in Senate Judiciary Committee. |
| House Status |
03/26/2013 - Taken off notice in House Civil Justice Subcommittee. |
| Caption |
AN 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.
| Category |
Criminal Law |
| Sponsors |
Sen. Joey Hensley / Rep. Joe Carr |
| Description |
Prohibits 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 Status |
04/09/2013 - Taken off notice in Senate Judiciary Committee. |
| House Status |
03/13/2013 - Failed in House Civil Justice Subcommittee. |
| Caption |
AN 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. |
SB108 / HB9 Information on handgun carry permit application confidential.
| Category |
Criminal Law |
| Sponsors |
Sen. Ferrell Haile / Rep. William G. Lamberth |
| Description |
Establishes that all information obtained for the application or renewal of a carry permit is confidential and not open for public review. |
| Amendment |
HOUSE AMENDMENT 1 (002457) adds that a person or entity may request the department of safety to search its handgun permit holder database to determine if a named person has a Tennessee handgun carry permit as of the date of the request if the person or entity presents with the request a judgment of conviction, criminal history report, order of protection, or other official government document or record that indicates the named person is not eligible to possess a handgun carry permit. SENATE AMENDMENT 1 (006182) adds language to the bill making exceptions to which information is considered confidential. Authorizes the release of such information to law enforcement, child support enforcement agencies, or certain charitable organizations. Authorizes the use of handgun carry data for statistical reports. Authorizes any person or entity to request the Department of Safety to conduct a search for ineligible permit holders. |
| Fiscal Note |
(Dated: January 16 2013) Not Significant.
|
| Senate Status |
04/10/2013 - Senate passed with amendment 1 (006182), which adds language to the bill making exceptions to which information is considered confidential. Authorizes the release of such information to law enforcement, child support enforcement agencies, or certain charitable organizations. Authorizes the use of handgun carry data for statistical reports. Authorizes any person or entity to request the Department of Safety to conduct a search for ineligible permit holders. |
| House Status |
04/11/2013 - House concurred in Senate amendment 1. |
| Executive Status |
04/11/2013 - Sent to the speakers for signatures. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 10-7-504 and Title 39, Chapter 17, Part 13, relative to confidential records. |
SB111 Expunction of criminal records.
| Category |
Criminal Law |
| Sponsors |
Sen. Reginald Tate |
| Description |
After 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 Status |
04/09/2013 - Taken off notice in Senate Judiciary Committee. |
| House Status |
None |
| Caption |
AN 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.
| Category |
Criminal Law |
| Sponsors |
Sen. Doug Overbey / Rep. Jim Coley |
| Description |
Expands 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 Status |
03/12/2013 - Senate Judiciary Committee deferred to last calendar. |
| House Status |
02/05/2013 - Referred to House Criminal Justice Subcommittee. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 13, Part 2, relative to murder in the first degree. |
SB142 / HB118 Handgun carry permit holders to store firearms in cars.
| Category |
Criminal Law |
| Sponsors |
Sen. Ron Ramsey / Rep. Jeremy Faison |
| Description |
Allows the holder of a valid handgun carry permit recognized in Tennessee to transport and store a firearm or firearm ammunition in the permit holder's privately-owned vehicle while utilizing any public or private parking area, so long as the permit holder's vehicle is parked in a location where it is permitted to be and the firearm or ammunition being transported or stored in the vehicle is kept from ordinary observation while the owner is in the vehicle or kept from ordinary observation and locked within the trunk, glove box, or interior of the person's privately owned vehicle if the permit holder is not in the vehicle. Prohibits any business entity, public or private employer, or the owner, manager, or legal possessor of the property from being held liable in any civil action for damages, injuries, or death resulting from or arising out of another's actions involving a firearm or ammunition. |
| Amendment |
Senate amendment 1 (002846) clarifies that no business entity, public or private employer, or the owner, manager, or legal possessor of the property may be held liable in any civil action for damages, injuries or death resulting from or arising out of another's actions involving a firearm or ammunition transported or stored by the holder of a valid handgun carry permit in the permit holder's privately-owned motor vehicle unless the business entity, public or private employer, or the owner, manager, or legal possessor of the property commits an offense involving the use of the stored firearm or ammunition or intentionally solicits or procures the conduct resulting in the damage, injury or death. Clarifies that no business entity, public or private employer, or the owner, manager, or legal possessor of the property will be held responsible for the theft of a firearm or ammunition stored by the holder of a valid handgun carry permit in the permit holder's privately-owned motor vehicle. |
| Fiscal Note |
(Dated: January 30 2013) Not Significant.
|
| Senate Status |
02/11/2013 - Senate passed with amendment 1. |
| House Status |
02/28/2013 - House passed. |
| Executive Status |
03/20/2013 - Enacted as Public Chapter 0016 effective July 1, 2013 |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 17, Part 13, relative to handgun carry permits. |
SB202 / HB196 Redefines "criminal gang offense" for enhanced penalties.
| Category |
Criminal Law |
| Sponsors |
Sen. Mark S. Norris / Rep. Gerald McCormick |
| Description |
Redefines criminal gang offense under present law regarding enhanced penalties for gang offenses. Under present law, if a criminal gang offense is committed by a gang member or initiate, the offender must be punished one classification higher than the offense requires, and if such offense is committed by the leader of the gang, the offender must be punished two classifications higher. Under present law, criminal gang offense is any violation of state law during the perpetration of which the defendant knowingly causes, or threatens to cause, death or bodily injury to another person and specifically includes rape of a child, aggravated rape and rape; or that results, or was intended to result, in the defendant's receiving anything of value from the commission of any aggravated burglary, or from the illegal sale, delivery or manufacture of a controlled substance, controlled substance analogue or firearm. This bill redefines criminal gang offense as the commission of first degree murder; second degree murder; voluntary manslaughter; assault; aggravated assault; kidnapping; aggravated kidnapping; especially aggravated kidnapping; robbery; aggravated robbery; especially aggravated robbery; carjacking; rape; aggravated rape; aggravated burglary; especially aggravated burglary; aggravated criminal trespass; coercion of a witness; retaliation for past action; riot; aggravated riot; inciting to riot; the illegal sale, delivery or manufacture of a controlled substance or controlled substance analogue; possession of a controlled substance or controlled substance analogue with intent to sell, deliver, or manufacture; or unlawful carrying or possession of a weapon. Includes in the definition any attempted commission, facilitation of, solicitation of, or conspiracy to commit any such offense. Broadens the definition of "pattern of criminal gang activity" to include convictions for facilitation of criminal gang offenses. Allows criminal gang offenses to be considered for the purpose of establishing a pattern of criminal gang activity. (Part of Administration Package) |
| Amendment |
House amendment 1, Senate Judiciary Committee amendment 1 (003400) adds rape of a child to the list of criminal gang offenses. |
| Fiscal Note |
(Dated: February 4 2013) Increase State Expenditures - $189,100/Incarceration.
|
| Senate Status |
04/11/2013 - Set for Senate Floor 04/16/13. |
| House Status |
03/25/2013 - House passed with amendment 1 (003400), which adds rape of a child to the list of criminal gang offenses. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 40-35-121, relative to criminal gang offenses |
SB242 Higher education faculty to carry a handgun.
| Category |
Criminal Law |
| Sponsors |
Sen. Stacey Campfield |
| Description |
Allows 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 Status |
01/31/2013 - Referred to Senate Judiciary. |
| House Status |
None |
| Caption |
AN 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.
| Category |
Criminal Law |
| Sponsors |
Sen. Mae Beavers / Rep. Sheila Butt |
| Description |
Defines 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. |
| Amendment |
Senate 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 Status |
02/27/2013 - Failed in Senate Judiciary (4-4-0) after adopting amendment 1. |
| House Status |
03/13/2013 - Taken off notice in House Civil Justice Subcommittee. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 4, Chapter 54, relative to the Tennessee Firearms Freedom Act. |
| Category |
Criminal Law |
| Sponsors |
Sen. Bo Watson / Rep. Vince Dean |
| Description |
Broadens 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. |
| Amendment |
Senate 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 Status |
04/11/2013 - Senate passed with amendment 1 (006303), which 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. |
| House Status |
04/15/2013 - Held on House clerk's desk. |
| Caption |
AN 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.
| Category |
Criminal Law |
| Sponsors |
Sen. Doug Overbey / Rep. Jim Coley |
| Description |
Changes "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. |
| Amendment |
House Criminal Justice Committee, 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 Status |
04/15/2013 - Set for Senate Finance Continued 04/16/13. |
| House Status |
03/13/2013 - House General Subcommittee of Finance placed behind the budget. |
| Caption |
AN 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.
| Category |
Criminal Law |
| Sponsors |
Sen. Dolores R. Gresham / Rep. Barrett Rich |
| Description |
Redefines "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. |
| Amendment |
House 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 Status |
04/02/2013 - Taken off notice in Senate Judiciary Committee. |
| House Status |
04/15/2013 - Taken off notice in House Calendar & Rules Committee. |
| Caption |
AN 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. |
| Category |
Criminal Law |
| Sponsors |
Sen. Ken Yager / Rep. Dennis Powers |
| Description |
Enacts "Lynn's Law" and defines abuse or neglect of an adult to include a caretaker who knowingly abandons or fails to pick up an adult if the caretaker knows the adult is unable to care for himself without assistance. |
| Amendment |
SENATE AMENDMENT 1, HOUSE CIVIL JUSTICE COMMITTEE AMENDMENT 1 (004292) substitutes the language "fails to provide transportation for an adult" in the definition of abuse or neglect for the language "fails to pick up an adult". The language expressly including a relative that resides with, or in the same building with, the adult or regularly visits the adult in the definition of caretaker is removed. The language describing a relative is removed. SENATE AMENDMENT 2, HOUSE CIVIL JUSTICE COMMITTEE AMENDMENT 2 (004995) defines caretaker to mean an individual or institution who has assumed the duty to provide for the care of the adult by contract or agreement and to include a parent, spouse, adult child, or other relative, both biological or by marriage, who resides with or in the same building with or regularly visits the adult and who knows or reasonably should know of the adult's mental or physical dysfunction or advanced age and knows or reasonably should know that the adult is unable to adequately provide for the adult's own care. |
| Fiscal Note |
(Dated: March 10 2013) Increased State Expenditures - $14,200/Incarceration.
|
| Senate Status |
04/11/2013 - Senate passed with amendments 1 (004292) and 2 (004995). Amendment 1 (004292) substitutes the language "fails to provide transportation for an adult" in the definition of abuse or neglect for the language "fails to pick up an adult". The language expressly including a relative that resides with, or in the same building with, the adult or regularly visits the adult in the definition of caretaker is removed. The language describing a relative is removed. Amendment 2 (004995) defines caretaker to mean an individual or institution who has assumed the duty to provide for the care of the adult by contract or agreement and to include a parent, spouse, adult child, or other relative, both biological or by marriage, who resides with or in the same building with or regularly visits the adult and who knows or reasonably should know of the adult's mental or physical dysfunction or advanced age and knows or reasonably should know that the adult is unable to adequately provide for the adult's own care. |
| House Status |
04/15/2013 - Set for House floor 04/16/2013. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 15, Part 1 and Title 71, Chapter 6, Part 1, relative to disabled adults. |
SB701 / HB1108 Revisions to expunction law.
| Category |
Criminal Law |
| Sponsors |
Sen. Reginald Tate / Rep. Karen D. Camper |
| Description |
Alters 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. |
| Amendment |
HOUSE CRIMINAL JUSTICE COMMITTEE 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 Status |
04/09/2013 - Failed in Senate Judiciary Committee after adopting amendment 1 (005750). |
| House Status |
04/09/2013 - House Criminal Justice Committee recommended with amendment. Sent to House Finance. |
| Caption |
AN 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.
| Category |
Criminal Law |
| Sponsors |
Sen. Stacey Campfield |
| Description |
Prohibits 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 Status |
03/05/2013 - Taken off notice in Senate Judiciary Committee. |
| House Status |
None |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 39 and Title 50, relative to firearms. |
SB795 / HB1218 No funding for certain federal firearm restrictions.
| Category |
Criminal Law |
| Sponsors |
Sen. Janice Bowling / Rep. Susan M. Lynn |
| Description |
Prohibits 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 Status |
04/09/2013 - Taken off notice in Senate Judiciary Committee. |
| House Status |
03/26/2013 - Taken off notice in House Civil Justice Subcommittee. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 38; Title 39 and Title 40, relative to prohibiting enforcement of certain federal laws in this state. |
SB796 / HB591 Freedom from Unwarranted Surveillance Act.
| Category |
Criminal Law |
| Sponsors |
Sen. Mae Beavers / Rep. James (Micah) Van Huss |
| Description |
Enacts the "Freedom from Unwarranted Surveillance Act". Prohibits law enforcement from using a drone to gather evidence or other information except in cases where there exists a high risk of a terrorist attack, the law enforcement agency first obtains a search warrant, or the law enforcement agency possesses reasonable suspicion that swift action is needed to prevent imminent danger to life. Allows an aggrieved party to initiate a civil action against a law enforcement agency to obtain appropriate relief. Establishes evidence obtained in violation of the act shall not be admissible as evidence. |
| Amendment |
SENATE AMENDMENT 1 (005435) redefines "drone" to include that it is operated without the possibility of direct human intervention from within or on the aircraft and remove the provision regarding carrying a lethal or nonlethal payload. Adds that a drone may be used to provide continuous aerial coverage when law enforcement is searching for a fugitive or escapee or is monitoring a hostage situation or to provide more expansive aerial coverage when deployed for the purpose of searching for a missing person. Revises this bill's provision whereby evidence obtained or collected in violation of this bill will not be admissible as evidence in a criminal prosecution in any court of law in this state to instead provide that no data collected on an individual, home, or areas other than the target that justified deployment may be used, copied or disclosed for any purpose. Such data must be deleted as soon as possible, and in no event later than 24 hours after collection. Adds that the use of a drone to gather evidence or information will constitute a search. Any law enforcement agency that uses a drone, or other substantially similar device to gather evidence or obtain information, must comply in all respects with the fourth amendment to the Constitution of the United States and article I, section 7, of the Constitution of Tennessee. Absent exigent circumstances or another authorized exception to the warrant requirement, evidence obtained or collected in violation of this bill as amended will not be admissible as evidence in a criminal prosecution in any court of law in this state. HOUSE AMENDMENT 2 (006891) adds that this section shall not prohibit the use of a drone to protect life and property during crowd monitoring situations. |
| Fiscal Note |
(Dated: March 15 2013) Not Significant.
|
| Senate Status |
04/11/2013 - Set for Senate Message Calendar 04/15/13. |
| House Status |
04/11/2013 - House passed with amendment 2 (006891), which adds that this section shall not prohibit the use of a drone to protect life and property during crowd monitoring situations. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 29 and Title 39, relative to surveillance. |
SB823 / HB93 Conveyances that are subject to forfeiture.
| Category |
Criminal Law |
| Sponsors |
Sen. John Stevens / Rep. Jimmy A. Eldridge |
| Description |
Gives court the discretion in instances where there is a final judgment of conviction to make conveyances subject to forfeiture. Clarifies that any conveyance used in the transport, concealment or storage of money or goods that were the subject of a burglary, aggravated burglary or especially aggravated burglary is subject to forfeiture. |
| Fiscal Note |
(Dated: March 4 2013) Not Significant.
|
| Senate Status |
04/11/2013 - Senate passed. |
| House Status |
03/21/2013 - House passed. |
| Executive Status |
04/11/2013 - Sent to the speakers for signatures. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 11, Part 7 and Title 40, Chapter 33, Part 1, relative to forfeiture. |
SB846 / HB546 Electronic citations for traffic offenses.
| Category |
Criminal Law |
| Sponsors |
Sen. Bill Ketron / Rep. Bob Ramsey |
| Description |
Authorizes 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. |
| Amendment |
Senate 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 Status |
03/19/2013 - Taken off notice in Senate Finance, Ways & Means Committee. |
| House Status |
03/13/2013 - Failed in House Transportation Subcommittee, for lack of a second. |
| Caption |
AN 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.
| Category |
Criminal Law |
| Sponsors |
Sen. Bill Ketron / Rep. Tony Shipley |
| Description |
Raises 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. |
| Amendment |
House 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 Status |
04/02/2013 - Senate Finance, Ways & Means Committee recommended. Sent to Senate Calendar Committee. |
| House Status |
04/02/2013 - Failed in House Transportation Committee. |
| Caption |
AN 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.
| Category |
Criminal Law |
| Sponsors |
Sen. Jim Tracy / Rep. Vince Dean |
| Description |
Requires 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 Status |
04/02/2013 - Taken off notice in Senate Judiciary Committee. |
| House Status |
04/03/2013 - Taken off notice in House Civil Justice Committee. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 33; Title 36; Title 39 and Title 40, relative to handgun carry permits. |
SB891 / HB1078 Seizure of property - warrant required and other rules.
| Category |
Criminal Law |
| Sponsors |
Sen. Joey Hensley / Rep. Barrett Rich |
| Description |
Requires seizures of forfeiture property to be executed after first obtaining a seizure warrant. Requires such property to be sequestered and guarded against from third parties. Requires personal property to be treated in a certain way. Requires seized property's owner to receive certain documentation of warrant and property seized and have access to the property to assure the property's safety and security. Requires the forfeiture to be final once property's owner is convicted of alleged criminal act or the property is deemed contraband. Clarifies that the property's owner has cause of action under certain circumstances. |
| Amendment |
Senate Judiciary Committee amendment 1, House Criminal Justice Committee amendment 1 (005371) rewrites the bill. Requires any seizing officer to provide any person who is not being arrested, but is in possession of any personal property subject to forfeiture pursuant to Tenn. Code Ann. § 40-33-201, a notice entitled "Notice of Forfeiture Warrant Hearing" containing certain required information relative to the hearing. Requires the forfeiture warrant approval to be based upon the application, the affidavit, and any testimony in cases where an arrest was made at the time of seizure. Establishes a procedure to be followed by the court for the review of applications for forfeiture warrants where an arrest was not made at the time of personal property seizure. Requires all hearings on applications for forfeiture warrants to be recorded by the court. |
| Fiscal Note |
(Dated: March 18 2013) Decrease State Revenue - $650,000/FY13-14 - $900,000/Each Year FY14-15 and FY15-16 - $650,000/FY16-17 - $400,000/FY17-18 and Subsequent Years - Increase State Expenditures - $1,000,600/FY13-14 - $956,100/FY14-15 and Subsequent Years - Increase Local Revenue - $400,000/FY13-14 and Subsequent Years - Increase Local Expenditures - - Exceeds $2,000,000/FY13-14 and Subsequent Years.
|
| Senate Status |
04/11/2013 - Set for Senate Floor 04/16/13. |
| House Status |
04/15/2013 - House Finance Subcommittee recommended. Sent to House Finance Committee. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 40, Chapter 6 and Title 40, Chapter 33, Part 2, relative to asset forfeitures. |
SB892 / HB690 Right to bear arms in Tennessee.
| Category |
Criminal Law |
| Sponsors |
Sen. Frank Niceley / Rep. Rick Womick |
| Description |
Establishes 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 Status |
02/08/2013 - Referred to Senate Judiciary. |
| House Status |
02/21/2013 - Referred to House Civil Justice Subcommittee. |
| Caption |
AN 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.
| Category |
Criminal Law |
| Sponsors |
Sen. Stacey Campfield / Rep. Andrew Farmer |
| Description |
Specifies 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 Status |
04/09/2013 - Taken off notice in Senate Judiciary Committee. |
| House Status |
03/26/2013 - House Criminal Justice Subcommittee deferred 01/01/14. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 12; Title 39, Chapter 14; Title 39, Chapter 16 and Title 39, Chapter 17, relative to disruptive and illegal conduct. |
SB967 Prohibits granting of new trial in certain circumstances.
| Category |
Criminal Law |
| Sponsors |
Sen. Randy McNally |
| Description |
Requires 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 Status |
02/08/2013 - Referred to Senate Judiciary. |
| House Status |
None |
| Caption |
AN 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.
| Category |
Criminal Law |
| Sponsors |
Sen. Randy McNally / Rep. Bill Dunn |
| Description |
Establishes 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 Status |
02/26/2013 - Taken off notice in Senate Judiciary. |
| House Status |
02/27/2013 - Referred to House Criminal Justice Subcommittee. |
| Caption |
AN 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.
| Category |
Criminal Law |
| Sponsors |
Sen. Randy McNally / Rep. Joshua G. Evans |
| Description |
Specifies 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 Status |
04/09/2013 - Taken off notice in Senate Judiciary Committee. |
| House Status |
03/26/2013 - Taken off notice in House Criminal Justice Subcommittee. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 13, relative to offenses involving a fetus. |
SB984 / HB368 Restriction on products with methamphetamine precursors.
| Category |
Criminal Law |
| Sponsors |
Sen. Randy McNally / Rep. David B. Hawk |
| Description |
Establishes 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 Status |
02/08/2013 - Referred to Senate Judiciary. |
| House Status |
03/19/2013 - House Criminal Justice Subcommittee deferred 01/01/14. |
| Caption |
AN 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.
| Category |
Criminal Law |
| Sponsors |
Sen. Todd Gardenhire / Rep. Eric Watson |
| Description |
Enacts "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 Status |
04/15/2013 - Set for Senate Finance Continued 04/16/13. |
| House Status |
03/13/2013 - House General Subcommittee of Finance placed behind the budget. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 39 and Title 40, relative to aggravated vehicular homicide. |
SB1029 / HB416 Trafficking for commercial sex acts is criminal gang offense.
| Category |
Criminal Law |
| Sponsors |
Sen. Brian K. Kelsey / Rep. Gerald McCormick |
| Description |
Adds to the definition of criminal gang offenses trafficking for commercial sex acts and receipt, or intended receipt, of income, benefit, property, money or anything of value from the commission of trafficking for commercial sex acts. |
| Amendment |
Senate Judiciary Committee amendment 1 (006690) makes technical corrections. |
| Fiscal Note |
(Dated: February 28 2013) Increase State Expenditures - $24,600/Incarceration.
|
| Senate Status |
04/11/2013 - Set for Senate Floor 04/16/13. |
| House Status |
03/27/2013 - House General Subcommittee of Finance placed behind the budget. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 39 and Title 40, relative to criminal gang offenses. |
SB1030 / HB521 Sexual exploitation of a minor.
| Category |
Criminal Law |
| Sponsors |
Sen. Brian K. Kelsey / Rep. Eric Watson |
| Description |
Disallows the minor's consent to the offense as a defense to sexual exploitation of a minor by electronic means, aggravated sexual exploitation of a minor, and especially aggravated exploitation of a minor. |
| Amendment |
Senate amendment 1 (006258) clarifies that this bill disallows as a defense to the offense of sexual exploitation of a minor (in addition to the offenses listed listed in the bill) that the minor consented to the conduct constituting the offense. |
| Fiscal Note |
(Dated: February 15 2013) Not Significant.
|
| Senate Status |
04/11/2013 - Senate passed with amendment 1 (006258), which clarifies that this bill disallows as a defense to the offense of sexual exploitation of a minor (in addition to the offenses listed listed in the bill) that the minor consented to the conduct constituting the offense. |
| House Status |
03/14/2013 - House passed. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 39 and Title 40, relative to defenses to sex crimes. |
SB1033 / HB130 Class C felony offense of promoting travel for prostitution.
| Category |
Criminal Law |
| Sponsors |
Sen. Brian K. Kelsey / Rep. Jim Coley |
| Description |
Creates Class C felony for promoting travel for prostitution. Establishes that a person commits promoting travel for prostitution if the person knowingly sells or offers to sell travel services that include or facilitate travel for the purpose of engaging in what would be prostitution if occurring in the state. |
| Amendment |
House Criminal Justice Committee amendment 1, Senate Judiciary Committee amendment 1 (003009) rewrites the bill. Creates the Class C felony of promoting travel for prostitution and commercial sex acts if the person knowingly sells or offers to sell travel services that include or facilitate travel for the purposes of engaging in prostitution and commercial sex acts. |
| Fiscal Note |
(Dated: February 8 2013) Increase State Expenditures - $69,800/Incarceration.
|
| Senate Status |
04/15/2013 - Set for Senate Finance Continued 04/16/13. |
| House Status |
03/06/2013 - House General Subcommittee of Finance placed behind the budget. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 39 and Title 40, relative to sex crimes. |
SB1035 / HB128 Restitution to victims of certain sex crimes.
| Category |
Criminal Law |
| Sponsors |
Sen. Brian K. Kelsey / Rep. Jim Coley |
| Description |
Requires defendant to pay restitution to the victim for the offenses of patronizing prostitution, trafficking for commercial sex acts, solicitation of a minor for sexual purposes, and enlisting or paying a minor to engage in child pornography. |
| Fiscal Note |
(Dated: February 7 2013) Not Significant.
|
| Senate Status |
04/08/2013 - Senate passed. |
| House Status |
03/18/2013 - House passed. |
| Executive Status |
04/10/2013 - Sent to governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 39-11-118, relative to restitution to crime victims. |
SB1038 / HB358 Adds certain sexual offenses to the organized crime definitions.
| Category |
Criminal Law |
| Sponsors |
Sen. Brian K. Kelsey / Rep. Jim Coley |
| Description |
Expands the definition of "racketeering activity" as organized crime to include trafficking for commercial sex acts, promoting or patronizing prostitution, soliciting sexual exploitation of a minor, and exploitation of a minor by electronic means. Expands the meaning of "unlawful debt" as organized crime to include debt incurred from trafficking for commercial sex acts, promoting or patronizing prostitution, solicitation of a minor, or exploitation of a minor by electronic means. |
| Amendment |
Senate amendment 1 (006305) removes subdivision (9) of the amendatory language of SECTION 1, which defines "racketeering activity." |
| Fiscal Note |
(Dated: March 10 2013) Not Significant.
|
| Senate Status |
04/11/2013 - Senate passed with amendment 1 (006305), which removes subdivision (9) of the amendatory language of SECTION 1, which defines "racketeering activity." |
| House Status |
04/11/2013 - House passed. |
| Executive Status |
04/11/2013 - Sent to the speakers for signatures. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 39 and Title 40, relative to organized crime. |
SB1045 / HB1039 Creates the offense of especially aggravated assault.
| Category |
Criminal Law |
| Sponsors |
Sen. Brian K. Kelsey / Rep. William G. Lamberth |
| Description |
Creates 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 Status |
03/12/2013 - Taken off notice in Senate Judiciary Committee. |
| House Status |
03/20/2013 - House General Subcommittee of Finance placed behind the budget. |
| Caption |
AN 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.
| Category |
Criminal Law |
| Sponsors |
Sen. Charlotte Burks / Rep. Ryan Williams |
| Description |
Establishes 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 Status |
04/02/2013 - Taken off notice in Senate Judiciary Committee. |
| House Status |
03/26/2013 - Taken off notice in House Criminal Justice Subcommittee. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 14, relative to computer privacy. |
SB1131 / HB1173 Failure to report suspected sexual abuse.
| Category |
Criminal Law |
| Sponsors |
Sen. Mark S. Norris / Rep. Joe Towns Jr. |
| Description |
Requires 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. |
| Amendment |
House Criminal Justice Committee 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 Status |
04/03/2013 - Taken off notice in Senate Judiciary Committee. |
| House Status |
03/27/2013 - House Criminal Justice Committee recommended with amendment 1 (005094). Sent to House Calendar & Rules. |
| Caption |
AN 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. |
SB1237 / HB1093 Semen and vaginal fluid in the definition of intimate parts.
| Category |
Criminal Law |
| Sponsors |
Sen. Janice Bowling / Rep. Susan Lynn |
| Description |
Includes semen and vaginal fluid in the definition of intimate parts for the purpose of sexual offenses. |
| Fiscal Note |
(Dated: March 2 2013) Not Significant.
|
| Senate Status |
04/01/2013 - Senate passed. |
| House Status |
03/18/2013 - House passed. |
| Executive Status |
04/04/2013 - Sent to governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 39-13-501, relative to the definition of intimate parts. |
SB1239 / HB1147 Forceful entry of search or arrest warrant.
| Category |
Criminal Law |
| Sponsors |
Sen. Jim Summerville / Rep. Andy Holt |
| Description |
Prohibits 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 Status |
02/25/2013 - Referred to Senate Judiciary. |
| House Status |
03/05/2013 - House Criminal Justice Subcommittee deferred to summer study. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 40, Chapter 6, relative to the execution of warrants. |
SB1250 / HB88 Law enforcement efforts involving the use of minors.
| Category |
Criminal Law |
| Sponsors |
Sen. John Stevens / Rep. Jon Lundberg |
| Description |
Removes requirement that law enforcement obtain the written approval of the juvenile court in order to use minors in law enforcement efforts. |
| Fiscal Note |
(Dated: March 6 2013) Not Significant.
|
| Senate Status |
04/15/2013 - Set for Senate Floor 04/17/13. |
| House Status |
03/28/2013 - House passed. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 15, Part 4 and Title 39, Chapter 17, Part 15, relative to law enforcement efforts involving the use of minors. |
SB1290 / HB1059 Aiding investigation, prosecution or detention of US citizen.
| Category |
Criminal Law |
| Sponsors |
Sen. Jim Summerville / Rep. Courtney Rogers |
| Description |
Prohibits 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 Status |
04/09/2013 - Taken off notice in Senate Judiciary Committee. |
| House Status |
03/26/2013 - Failed in House State Government Subcommittee. |
| Caption |
AN 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.
| Category |
Criminal Law |
| Sponsors |
Sen. Jim Summerville / Rep. Mark Pody |
| Description |
Provides 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 Status |
04/09/2013 - Taken off notice in Senate Judiciary Committee. |
| House Status |
03/26/2013 - Taken off notice in House Civil Justice Subcommittee. |
| Caption |
AN 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.
| Category |
Criminal Law |
| Sponsors |
Sen. Mike Bell / Rep. Vance Dennis |
| Description |
Requires 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 Status |
02/26/2013 - Referred to Senate Judiciary. |
| House Status |
03/26/2013 - Taken off notice in House Criminal Justice Subcommittee. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 38; Title 39 and Title 40, Chapter 33, Part 2, relative to asset forfeitures. |
SB1339 / HB947 Requirements for bail bondsmen.
| Category |
Criminal Law |
| Sponsors |
Sen. Mike Bell / Rep. Susan M. Lynn |
| Description |
Establishes that the approval of a professional bondsman may be withheld, withdrawn, or suspended by any court if that bondsman has been convicted in any state of the United States of two or more misdemeanors which are equivalent to Tennessee Class A or Class B misdemeanors, provided that the misdemeanor convictions occurred within five years of the date the application for approval is filed. |
| Fiscal Note |
(Dated: March 3 2013) Not Significant.
|
| Senate Status |
04/01/2013 - Senate passed. |
| House Status |
03/21/2013 - House passed. |
| Executive Status |
04/04/2013 - Sent to governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 40-11-125, relative to bondsmen. |
SB1362 / HB1293 Continuous sexual abuse of a child.
| Category |
Criminal Law |
| Sponsors |
Sen. Ken Yager / Rep. Vince Dean |
| Description |
Creates 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. |
| Amendment |
House 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 Status |
04/15/2013 - Set for Senate Finance Continued 04/16/13. |
| House Status |
04/15/2013 - House General Subcommittee of Finance placed behind the budget. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 39 and Title 40, relative to criminal law. |
HB108 Employee information about a firearm in a vehicle.
| Category |
Criminal Law |
| Sponsors |
Rep. Sheila Butt |
| Description |
Provides 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 Status |
None |
| House Status |
02/05/2013 - Referred to House Civil Justice Subcommittee. |
| Caption |
AN 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.
| Category |
Criminal Law |
| Sponsors |
Rep. Barbara W. Cooper |
| Description |
Revises requirements for bond notices and premiums. Requires certain courts to maintain a record of certain bond-related information. |
| Senate Status |
None |
| House Status |
02/04/2013 - Withdrawn in House. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 40, Chapter 11, relative to bail. |
HB914 Creates the offense of attorney misconduct.
| Category |
Criminal Law |
| Sponsors |
Rep. Andy Holt |
| Description |
Establishes 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 Status |
None |
| House Status |
02/13/2013 - Referred to House Civil Justice Committee. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 16; Title 17; Title 20; Title 23 and Title 39, relative to misconduct by attorneys. |
Education - 23
SB43 Truth in Scholarship Act.
| Category |
Education |
| Sponsors |
Sen. Jim Summerville |
| Description |
Prohibits 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 Status |
01/30/2013 - Referred to Senate Education. |
| House Status |
None |
| Caption |
AN 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.
| Category |
Education |
| Sponsors |
Sen. Jim Summerville |
| Description |
Authorizes 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 Status |
01/30/2013 - Referred to Senate Education. |
| House Status |
None |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 49, relative to election of directors of schools. |
SB46 Diversity officers at colleges and universities.
| Category |
Education |
| Sponsors |
Sen. Jim Summerville |
| Description |
Prohibits 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 Status |
03/13/2013 - Taken off notice in Senate Education Committee. |
| House Status |
None |
| Caption |
AN 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.
| Category |
Education |
| Sponsors |
Sen. Stacey Campfield / Rep. Joshua G. Evans |
| Description |
Allows 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 Status |
04/09/2013 - Taken off notice in Senate Judiciary Committee. |
| House Status |
03/27/2013 - Taken off notice in House Civil Justice Subcommittee. |
| Caption |
AN 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. |
SB194 / HB188 Expands duties of Tennessee Student Assistance Corporation.
| Category |
Education |
| Sponsors |
Sen. Mark S. Norris / Rep. Gerald McCormick |
| Description |
Expands certain duties of the Tennessee student assistance corporation (TSAC) concerning receipt and investment of funds. Requires TSAC to administer a need-based grant program funded through an endowment for Tennessee citizens seeking an associate's degree or certificate from a public, two-year postsecondary institutions. (Part of Administration Package) |
| Amendment |
House amendment 1 (003603) revises the investment authority given to the state treasurer, so that the treasurer has an expanded pool of investment funds in which to place endowment funding. Adds the language "as directed by the state treasurer" after the terms "be invested" and before the terms " by the state treasurer". Deletes the language "or the chairs of excellence endowment fund established by 49-7-501" wherever it appears. |
| Fiscal Note |
(Dated: February 14 2013) Other Fiscal Impact - A one-time transfer of $35,000,000 from the Federal Family Loan Education Program Operating Fund to the newly-created endowment fund. In addition, there will be a recurring shift-of-use for interest earnings estimated to exceed $875,000 per year, from the current use of paying operating expenses for the Federal Family Loan Education Program, to the proposed use of providing needs-based educational grants.
|
| Senate Status |
03/27/2013 - Senate passed. |
| House Status |
03/25/2013 - House passed with amendment 1. |
| Executive Status |
04/11/2013 - Signed by governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 49, Chapter 4, relative to the Tennessee Student Assistance Corporation. |
SB195 / HB189 Exempts certain non-profit online universities from Post-Ed Act.
| Category |
Education |
| Sponsors |
Sen. Mark S. Norris / Rep. Gerald McCormick |
| Description |
Exempts from the Postsecondary Education Authorization Act non-profit organizations that offer certain online education to adult students, are led by a person domiciled in Tennessee, and include certain limited activities. Removes exemption for such non-profit organizations if specified criteria are not met, Title IV federal aid funding is lost, or a certain federal financial aid default rate is met. (Part of Administration Package) |
| Fiscal Note |
(Dated: March 6 2013) Not Significant.
|
| Senate Status |
03/28/2013 - Senate passed. |
| House Status |
04/10/2013 - House passed. |
| Executive Status |
04/11/2013 - Sent to governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 49, Chapter 7, Part 20, relative to post-secondary education authorization. |
SB196 / HB190 Tennessee Choice & Opportunity Scholarship Act.
| Category |
Education |
| Sponsors |
Sen. Mark S. Norris / Rep. Gerald McCormick |
| Description |
Establishes 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) |
| Amendment |
HOUSE 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 Status |
04/03/2013 - Taken off notice in Senate Education Committee. |
| House Status |
04/09/2013 - Taken off notice in House Finance Subcommittee. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 49, Chapter 1, relative to the Tennessee Choice *** Opportunity Scholarship Act. |
SB223 / HB988 Broadens provision of Tennessee Independent Colleges.
| Category |
Education |
| Sponsors |
Sen. Dolores R. Gresham / Rep. Kevin Brooks |
| Description |
Extends civil liability immunity for the Tennessee Independent Colleges and Universities Association or any of its member institutions when providing confidential student data or records to the Tennessee higher education commission, another state agency, or a third party acting on the state's behalf. |
| Fiscal Note |
(Dated: February 14 2013) Not Significant.
|
| Senate Status |
02/28/2013 - Senate passed. |
| House Status |
03/18/2013 - House passed. |
| Executive Status |
04/12/2013 - Signed by governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 49-7-216, relative to confidential data of students enrolled at TICUA institutions. |
SB264 / HB966 Suspension of student who threatens violence on school personnel.
| Category |
Education |
| Sponsors |
Sen. Dolores R. Gresham / Rep. Dawn White |
| Description |
Requires a principal, principal-teacher, or assistant principal of any public school in this state to suspend any student from attendance at the school for assaulting a principal, teacher, school bus driver, or other school personnel with vulgar, obscene or threatening language, or for violence or threatened violence against a principal, teacher, school bus driver, or other school personnel. |
| Amendment |
SENATE AMENDMENT 1, HOUSE EDUCATION COMMITTEE AMENDMENT 1 (004373) rewrites the bill. Authorizes a student to be suspended for intentionally or knowingly causing physical contact with any personnel attending or assigned to a public school that could be regarded as extremely offensive or provocative or threatened violence against such personnel at any time, on or away from school property. Authorizes a student to be suspended for vulgar or threatening language toward a principal, teacher, bus driver, or any school personnel, at any time, on or away from school property. Requires suspension for knowingly causing injury to a principal, teacher, school bus driver or any school personnel at any time, on or away from school property. Provides that suspension may be concluded after an investigation. Prohibits readmission to the school following the suspension period, unless the student's parent or legal guardian meets with the principal or their designee. SENATE AMENDMENT 2, HOUSE EDUCATION COMMITTEE AMENDMENT 2 (005603) rewrites subdivision (a)(9) in the amendatory language of Section 2. Allows the suspension of a student for using obscene language or language that intentionally or knowingly causes one to reasonably fear imminent bodily injury, when such language is directed towards a principal, teacher, school bus driver or other school personnel at any time, on or away from school property. |
| Fiscal Note |
(Dated: February 21 2013) Not Significant.
|
| Senate Status |
03/28/2013 - Senate passed with amendments 1 (004373) and 2 (005603). |
| House Status |
04/15/2013 - House Calendar & Rules Committee deferred to next calendar. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 49, relative to student discipline. |
SB403 Religious discrimination restricts certain security powers.
| Category |
Education |
| Sponsors |
Sen. Mae Beavers |
| Description |
Restricts 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 Status |
01/31/2013 - Referred to Senate Education. |
| House Status |
None |
| Caption |
AN 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.
| Category |
Education |
| Sponsors |
Sen. Mae Beavers |
| Description |
Prohibits 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 Status |
01/31/2013 - Referred to Senate Education. |
| House Status |
None |
| Caption |
AN 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.
| Category |
Education |
| Sponsors |
Sen. Jim Summerville |
| Description |
Provides 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 Status |
02/05/2013 - Referred to Senate Education. |
| House Status |
None |
| Caption |
AN 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.
| Category |
Education |
| Sponsors |
Sen. Joey Hensley / Rep. John J. Deberry Jr. |
| Description |
Prohibits 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. |
| Amendment |
SENATE 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 Status |
03/14/2013 - Senate passed with amendment 2 and previously adopted amendment 1. |
| House Status |
03/27/2013 - House Education Subcommittee deferred to summer study. |
| Caption |
AN 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. |
SB570 / HB6 Allows K-12 school personnel to possess firearm at school.
| Category |
Education |
| Sponsors |
Sen. Frank Niceley / Rep. Eric Watson |
| Description |
Allows K-12 school personnel to possess a firearm on school property if the person has a handgun carry permit, has written authorization from the school superintendent, has had 40 hours of basic school policing training and uses frangible bullets. Exempts the local school district from liability in any civil action for damages, injuries, or death resulting from a faculty or staff member's actions involving a firearm carried on school property unless the board of education or superintendent knew of or intentionally solicited or procured the faculty or staff member's actions involving a firearm that resulted in the harm. |
| Amendment |
HOUSE CIVIL JUSTICE COMMITTEE AMENDMENT 1, SENATE EDUCATION COMMITTEE AMENDMENT 1 (006147) deletes and rewrites the bill such that the only substantive changes are to authorize personnel to be assigned to a school through a memorandum of understanding between a local education agency (LEA) and the chief of an appropriate law enforcement agency; to require any person carrying weapons on school property to be a law enforcement officer or be a prior law enforcement officer; and to delete the requirement that only frangible ammunition or similar ammunition be used in weapons on school property. SENATE EDUCATION COMMITTEE AMENDMENT 2, HOUSE EDUCATION AMENDMENT 1 (006404) makes technical corrections. SENATE JUDICIARY COMMITTEE AMENDMENT 1 (006762) rewrites the bill. Allows a person employed by the LEA as a faculty or staff member or a person assigned to the school carry a firearm on school grounds if the person: is authorized to carry a firearm; has written authorization of the director of schools; and is a law enforcement officer, have certain former law enforcement officer service, be in compliance with all peace officer standards and training commission regulations, and in completion of 40 hours of basic training in school policing. Requires certain notice of authorized school security officer (SSO) to be provided to appropriate law enforcement. Requires records regarding whether or not the LEA uses such an authorized person to remain confidential. Specifies that an LEA is not required to assign or provide funding for an SSO. Specifies that the providing of an SSO will be considered a law enforcement function and not a school operation. |
| Fiscal Note |
(Dated: March 7 2013) Increase Local Expenditures - Exceeds $1,000,000/Permissive.
|
| Senate Status |
04/15/2013 - Set for Senate Finance Continued 04/16/13. |
| House Status |
04/15/2013 - Set for House floor 04/16/2013. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 17, Part 13 and Title 49, Chapter 6, relative to carrying weapons on school property by certain employees. |
SB662 / HB1071 Code of conduct for those involved in extracurricular activities.
| Category |
Education |
| Sponsors |
Sen. Dolores R. Gresham / Rep. Barrett Rich |
| Description |
Enacts 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 Status |
02/08/2013 - Referred to Senate Education. |
| House Status |
02/20/2013 - Referred to House General Subcommittee of Education. |
| Caption |
AN 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.
| Category |
Education |
| Sponsors |
Sen. Becky Duncan Massey / Rep. Bill Dunn |
| Description |
Allows 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 Status |
02/08/2013 - Referred to Senate Education. |
| House Status |
02/05/2013 - Referred to House General Subcommittee of Education. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 49-2-201, relative to election of local boards of education. |
SB802 / HB534 Higher education - no student group religious discrimination.
| Category |
Education |
| Sponsors |
Sen. Mae Beavers / Rep. Mark Pody |
| Description |
Prohibits public institutions of higher education that grant recognition to any student organization from discriminating against or denying recognition to a student organization, or denying to a student organization access to programs, funding, or facilities otherwise available to another student organization. Allows any religious student organization to determine that the organization's religious mission requires that only persons professing the faith of the group and comporting themselves in conformity with it qualify to serve as members or leaders. |
| Fiscal Note |
(Dated: February 11 2013) Not Significant.
|
| Senate Status |
03/27/2013 - Senate passed. |
| House Status |
03/18/2013 - House passed. |
| Executive Status |
04/10/2013 - Sent to governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 49, Chapter 7, Part 1; Title 49, Chapter 8, Part 1 and Title 49, Chapter 9, Part 1, relative to public higher education institutions. |
SB867 / HB847 Payment by an LEA for certain organization duties.
| Category |
Education |
| Sponsors |
Sen. Dolores R. Gresham / Rep. John Ragan |
| Description |
Prohibits LEAs from paying a teacher full salary if the teacher is engaged during the school day in duties as a representative of a professional employees' organization. Establishes teacher pay shall be paid commensurate with the amount of time devoted to school duties. |
| Amendment |
Senate amendment 1, House Education Committee amendment 1 (005914) deletes all language after the enacting clause. Authorizes an LEA to grant release-time to a professional employee to hold office as a representative of a local professional employees' organization. Release-time may be granted if the local board of education approves the request or if release-time is agreed to as part of a memorandum of understanding under the Professional Educators Collaborative Conferencing Act of 2011. Release-time may be granted for a portion of a year or an entire year. If an LEA grants release-time, a professional employees' organization is required to reimburse the LEA the full per-diem salary of the professional employee for each day that the employee is released for regular duties or the LEA may deduct the day from the employee's personal leave time if leave is granted for less than an entire year. If the release-time is for an entire year, the LEA shall be reimbursed the full salary and benefits of the employee. Requires LEAs to maintain the employee's position without salary advancement if the employee is granted leave for more than 90 days. Authorizes LEAs to allow a teacher representative of a professional employees' organization to attend a grievance procedural meeting, disciplinary hearing, or employment rights hearing when their presence has been requested. Such duties shall be considered regular school duties. Provisions of the bill shall not apply if an agreement is made between a professional employees' organization and the LEA to grant release time of less than one full day per work to perform organizational duties. Exempts LEAs that are under the terms of a current collective bargaining agreement in effect on July 1, 2013, until such time that the current agreement expires |
| Fiscal Note |
(Dated: February 27 2013) Decrease Local Expenditures - Exceeds $1,000.
|
| Senate Status |
04/11/2013 - Senate passed with amendment 1 (005914), which deletes all language after the enacting clause. Authorizes an LEA to grant release-time to a professional employee to hold office as a representative of a local professional employees' organization. Release-time may be granted if the local board of education approves the request or if release-time is agreed to as part of a memorandum of understanding under the Professional Educators Collaborative Conferencing Act of 2011. Release-time may be granted for a portion of a year or an entire year. If an LEA grants release-time, a professional employees' organization is required to reimburse the LEA the full per-diem salary of the professional employee for each day that the employee is released for regular duties or the LEA may deduct the day from the employee's personal leave time if leave is granted for less than an entire year. If the release-time is for an entire year, the LEA shall be reimbursed the full salary and benefits of the employee. Requires LEAs to maintain the employee's position without salary advancement if the employee is granted leave for more than 90 days. Authorizes LEAs to allow a teacher representative of a professional employees' organization to attend a grievance procedural meeting, disciplinary hearing, or employment rights hearing when their presence has been requested. Such duties shall be considered regular school duties. Provisions of the bill shall not apply if an agreement is made between a professional employees' organization and the LEA to grant release time of less than one full day per work to perform organizational duties. Exempts LEAs that are under the terms of a current collective bargaining agreement in effect on July 1, 2013, until such time that the current agreement expires. |
| House Status |
04/11/2013 - House Finance Committee recommended. Sent to House Calendar & Rules. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 49, Chapter 5, Part 4, relative to teachers acting as representatives of a professional employees' organization. |
SB883 / HB911 Removal of a disruptive student in school.
| Category |
Education |
| Sponsors |
Sen. Joey Hensley / Rep. Dawn White |
| Description |
Requires 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. |
| Amendment |
Senate amendment 1, House Education Committee 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 Status |
03/21/2013 - Senate passed with amendment 1. |
| House Status |
04/15/2013 - Set for House floor 04/16/2013. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 49, relative to student discipline. |
SB916 / HB741 Elected office of school superintendent.
| Category |
Education |
| Sponsors |
Sen. Frank Niceley / Rep. Kelly Keisling |
| Description |
Enacts 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. |
| Amendment |
House 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 Status |
04/01/2013 - Taken off notice in Senate Education Committee. |
| House Status |
03/26/2013 - Failed in House Education Subcommittee (3-6-0) after adopting amendment 1 (005070), which establishes that this bill only applies to LEA's elected before September 2, 1992. |
| Caption |
AN 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.
| Category |
Education |
| Sponsors |
Sen. Mike Bell / Rep. John Forgety |
| Description |
Allows 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 Status |
02/08/2013 - Referred to Senate Education. |
| House Status |
03/19/2013 - Taken off notice in House Education Subcommittee. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 49-13-108, relative to the operation of charter schools. |
SB1221 / HB1258 Study on textbook selection process.
| Category |
Education |
| Sponsors |
Sen. Todd Gardenhire / Rep. Sheila Butt |
| Description |
Directs 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 Status |
03/27/2013 - Taken off notice in Senate Education Committee. |
| House Status |
03/12/2013 - Taken off notice in House Education Subcommittee. |
| Caption |
AN 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.
| Category |
Education |
| Sponsors |
Sen. Rusty Crowe / Rep. Matthew Hill |
| Description |
Establishes 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. |
| Fiscal Note |
(Dated: March 11 2013) Increase State Expenditures - $164,300/Each Year FY13-14 and FY14-15.
|
| Senate Status |
02/25/2013 - Referred to Senate Education. |
| House Status |
03/12/2013 - House Education Subcommittee deferred for a report. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 49, relative to K-12 education. |
Energy & Mining - 1
SB1280 / HB1127 Horizontal drilling in recovery of oil and gas - water quality tests.
| Category |
Energy & Mining |
| Sponsors |
Sen. Mark S. Norris / Rep. Gerald McCormick |
| Description |
Requires 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 Status |
02/15/2013 - Withdrawn in Senate. |
| House Status |
02/21/2013 - Referred to House Agriculture & Natural Resources Subcommittee. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 59; Title 60 and Title 69, relative to water quality. |
Entertainment - 2
SB609 / HB1000 Fairness in Ticketing Act of 2013.
| Category |
Entertainment |
| Sponsors |
Sen. Ken Yager / Rep. Ryan A. Haynes |
| Description |
Enacts 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. |
| Amendment |
SENATE 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 Status |
04/04/2013 - Senate deferred to last calendar. |
| House Status |
04/03/2013 - Taken off notice in House Business & Utilities Committee. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 62, relative to professions. |
HB5 Fairness in Ticketing Act.
| Category |
Entertainment |
| Sponsors |
Rep. Barbara W. Cooper |
| Description |
Enacts 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 Status |
None |
| House Status |
02/04/2013 - Withdrawn in House. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 47 and Title 62, relative to ticketing for certain events. |
Environment & Nature - 2
SB99 / HB43 Prohibits surface coal mining if it disturbs ridgeline.
| Category |
Environment & Nature |
| Sponsors |
Sen. Lowe Finney / Rep. Gloria Johnson |
| Description |
Prohibits 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 Status |
03/20/2013 - Failed in Senate Energy, Agriculture & Natural Resources Committee for lack of a motion. |
| House Status |
03/20/2013 - House Agriculture & Natural Resources Subcommittee deferred to 2014. |
| Caption |
AN 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.
| Category |
Environment & Nature |
| Sponsors |
Sen. Reginald Tate / Rep. Jim Coley |
| Description |
Enacts 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 Status |
03/20/2013 - Taken off notice in Senate Energy, Agriculture & Natural Resources Committee. |
| House Status |
02/06/2013 - Referred to House Agriculture & Natural Resources Subcommittee. |
| Caption |
AN 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. |
Estates & Trusts - 3
SB527 / HB423 Protection of private foundations from governmental intrusion.
| Category |
Estates & Trusts |
| Sponsors |
Sen. Steven Dickerson / Rep. Joe Pitts |
| Description |
Establishes protections for private foundations from entities of the state or local government. Prohibits a private a foundation from being required to disclose information, including but not limited to, race, religion, gender, national origin, age, marital status of the foundation's employees, officers, directors, or any other person associated with the foundation without the prior written consent of the individual or individuals in question. Prohibits a private foundation from being required to hire, appoint, or elect an individual based on certain characteristics. Prohibits a private foundation from being required to remove or prohibit service based upon an individual's familial relationship to other members. Prohibits a private foundation from being required to distribute the foundation's funds to, or contract with, any individual or entity based upon certain characteristics of the individual or populations, locales, or communities served by the individual or entity except under lawful conditions or requirements. |
| Fiscal Note |
(Dated: February 23 2013) Not Significant.
|
| Senate Status |
03/18/2013 - Senate passed. |
| House Status |
04/08/2013 - House passed. |
| Executive Status |
04/11/2013 - Sent to governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 35, Chapter 9, Part 1 and Title 48, relative to administration of private foundations. |
| Category |
Estates & Trusts |
| Sponsors |
Sen. John Stevens / Rep. Barrett Rich |
| Description |
Alters provisions regarding trusts. Clarifies certain treatment of material purpose of the trust. Clarifies when a person is not considered a settlor of the trust. Alters creditor's claims and claims process against certain settlors. Alters specific powers of trustee. |
| Amendment |
Senate amendment 1, House Civil Justice Subcommittee amendment 1, (005602) deletes all language after the enacting clause. Makes various revisions to the Tennessee Uniform Trust Code, Uniform Prudent Investor Act, and Investment Services Act of 2007, including but not limited to, revisions to the following subject matter: determination of the governing jurisdiction for trusts; establishing what constitutes a sufficient nexus for a state jurisdiction provision; effects of the spendthrift provision; distributions of income or principal from the trustee to a beneficiary; compensation and reimbursement of expenses of the trustee; trust advisors or trust protectors; the trustee's duty to inform and report on the administration of the trust and of the material facts to the beneficiary and anyone who, in a capacity other than that of a fiduciary, holds a power of appointment; the exercise of powers over discretionary and other interests; limitations of action against the trustee by a beneficiary, trustee, trust advisor or trust protector; enforcement of no-contest provisions and powers of trust advisors and trust protectors. SENATE AMENDMENT 2 (006609) removes the powers of trust advisers and trust protectors and brings the bill in accordance with the IRS. Specifies that regardless of whether or not the beneficiary sought, received or relied upon legal counsel, a no-contest provision would be enforceable without regard to the beneficiary's good or bad faith in taking the action that would justify the complete or partial forfeiture of the beneficiary's interest in the trust under the terms of the no-contest provision unless probable cause exists for the beneficiary taking such action on the grounds of fraud, duress, revocation, lack of testamentary capacity, undue influence, mistake, forgery or irregularity in the execution of the trust instrument. This amendment details various exceptions to the above provisions. Clarifies that no modification, amendment or grant of a power of appointment with respect to a trust all of whose beneficiaries are charitable organizations may authorize a trust protector or trust advisor to grant a beneficial interest in such trust to any non-charitable interest or purpose. Specifies that no ultimate beneficiary or potential ultimate beneficiary may be a qualified beneficiary. Generally, an ultimate beneficiary or potential ultimate beneficiary is a beneficiary who the settlor or power holder did not reasonably anticipate would take any interest upon termination of all or any part of a trust absent all other beneficiaries or members of classes of beneficiaries named in the trust instrument or is deceased at the time at which such trust or part thereof terminates. |
| Fiscal Note |
(Dated: February 13 2013) Not Significant.
|
| Senate Status |
04/10/2013 - Senate passed with amendment 1 (005602) and 2 (006609). Amendment 1 (005602) deletes all language after the enacting clause. Makes various revisions to the Tennessee Uniform Trust Code, Uniform Prudent Investor Act, and Investment Services Act of 2007, including but not limited to, revisions to the following subject matter: determination of the governing jurisdiction for trusts; establishing what constitutes a sufficient nexus for a state jurisdiction provision; effects of the spendthrift provision; distributions of income or principal from the trustee to a beneficiary; compensation and reimbursement of expenses of the trustee; trust advisors or trust protectors; the trustee's duty to inform and report on the administration of the trust and of the material facts to the beneficiary and anyone who, in a capacity other than that of a fiduciary, holds a power of appointment; the exercise of powers over discretionary and other interests; limitations of action against the trustee by a beneficiary, trustee, trust advisor or trust protector; enforcement of no-contest provisions and powers of trust advisors and trust protectors. Amendment 2 (006609) removes the powers of trust advisers and trust protectors and brings the bill in accordance with the IRS. Specifies that regardless of whether or not the beneficiary sought, received or relied upon legal counsel, a no-contest provision would be enforceable without regard to the beneficiary's good or bad faith in taking the action that would justify the complete or partial forfeiture of the beneficiary's interest in the trust under the terms of the no-contest provision unless probable cause exists for the beneficiary taking such action on the grounds of fraud, duress, revocation, lack of testamentary capacity, undue influence, mistake, forgery or irregularity in the execution of the trust instrument. This amendment details various exceptions to the above provisions. Clarifies that no modification, amendment or grant of a power of appointment with respect to a trust all of whose beneficiaries are charitable organizations may authorize a trust protector or trust advisor to grant a beneficial interest in such trust to any non-charitable interest or purpose. Specifies that no ultimate beneficiary or potential ultimate beneficiary may be a qualified beneficiary. Generally, an ultimate beneficiary or potential ultimate beneficiary is a beneficiary who the settlor or power holder did not reasonably anticipate would take any interest upon termination of all or any part of a trust absent all other beneficiaries or members of classes of beneficiaries named in the trust instrument or is deceased at the time at which such trust or part thereof terminates. |
| House Status |
04/15/2013 - Set for House floor 04/16/2013. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 35, relative to fiduciaries and trust estates. |
SB937 / HB987 Makes various changes to The Small Estates Act.
| Category |
Estates & Trusts |
| Sponsors |
Sen. Steve Southerland / Rep. Tilman Goins |
| Description |
Makes various changes to The Small Estates Act. |
| Amendment |
HOUSE CIVIL JUSTICE COMMITTEE AMENDMENT 1 (005141) deletes section 2 and sections 3 of the original bill, requires the court to file the original affidavit as part of the court's permanent records, assign it a number, and index it as other estates are indexed. Requires the clerk of court to deliver as many verified copies of the affidavit, with a stamp or seal to certify it has been filed. SENATE JUDICIARY COMMITTEE AMENDMENT 1 (006730) rewrites the bill. Revises provisions regarding small estate cases. Requires an original will to be presented to the clerk for inspection. Requires the original will to be kept by the court for safekeeping. Requires a clerk's stamp and seal on certified copies of an affidavit. Requires the clerk to charge certain fees. Allows the affiant and sureties on the affiant's bond to discharge from liability under the bond if the affiant files either the tax receipt or certificate and affidavit that each debt is paid. |
| Fiscal Note |
(Dated: March 16 2013) Not Significant.
|
| Senate Status |
04/09/2013 - Senate Judiciary Committee recommended with amendment 1 (006545), as amended. Sent to Senate Calendar Committee. |
| House Status |
04/11/2013 - House deferred to 04/17/2013. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 30, Chapter 4, relative to administration of estates. |
Family Law - 19
SB28 / HB68 Considering mental health of parent in child custody case.
| Category |
Family Law |
| Sponsors |
Sen. Mae Beavers / Rep. Terri Lynn Weaver |
| Description |
Establishes that a court shall consider mental health records of a parent when making a child custody determination. |
| Amendment |
Senate amendment 1, House Civil Justice Committee amendment 1 (004815) rewrites this bill. Present law requires the court to consider the mental and physical health of the parents or caregivers, among other things, when making a decision regarding child custody. This amendment adds that the court may, when it deems appropriate, order an examination of a party pursuant to Rule 35 of the Tennessee Rules of Civil Procedure and, if necessary for the conduct of the proceedings, order the disclosure of confidential mental health information of a party pursuant to present law. The court order must contain a qualified protective order that, at a minimum, expressly limits the dissemination of confidential protected mental health information for the purpose of the litigation pending before the court and provides for the return or destruction of the confidential protected mental health information at the conclusion of the proceedings. |
| Fiscal Note |
(Dated: March 4 2013) Increase State Revenue - $8,100/FY13-14/DMHSAS - $16,300/FY14-15 and Subsequent Years/DMHSAS - Increase State Expenditures - $11,500/FY13-14/DMHSAS - $23,100/FY14-15 and Subsequent Years/DMHSAS.
|
| Senate Status |
04/01/2013 - Senate passed with amendment 1. |
| House Status |
04/15/2013 - Set for House floor 04/16/2013. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 10; Title 33; Title 36 and Title 63, relative to consideration of health care records of a parent in a child custody case. |
SB239 / HB215 Visitation rights of military personnel.
| Category |
Family Law |
| Sponsors |
Sen. Stacey Campfield / Rep. John Forgety |
| Description |
Requires 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 Status |
02/26/2013 - Taken off notice in Senate Judiciary. |
| House Status |
02/20/2013 - Taken off notice in House Civil Justice Subcommittee. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 36, Chapter 6, Part 3, relative to visitation rights of certain military personnel. |
SB473 / HB401 Relinquishing rights relating to an embryo.
| Category |
Family Law |
| Sponsors |
Sen. Becky Duncan Massey / Rep. Ryan A. Haynes |
| Description |
Establishes a procedure for relinquishing rights relating to an embryo. Declares a child born to a recipient intended parent shall be presumed to be the legal child of the recipient. Allows a recipient intended parent to petition the court for an expedited order of adoption or parentage. Terminates any future parental rights and responsibilities of any past or present legal embryo custodian or mete donor. |
| Amendment |
Senate amendment 1 (004348) deletes all language after the enacting clause. Specifies that the intent of the bill is to provide a single means to establish parentage of a child born of a donated embryo transfer to a recipient intended parent. Establishes the rights and responsibilities of parties to an embryo relinquishment or legal transfer of rights to an embryo. A legal embryo custodian may relinquish all rights and responsibilities relative to an embryo prior to embryo transfer. A written contract between legal embryo custodians and the embryo transfer clinic, or a legal embryo custodian and each recipient intended parent, as appropriate, is required when establishing embryo parentage prior to embryo transfer for the legal transfer of rights to an embryo and to any child that may result from the embryo transfer. The contract must be signed by the parties to the contract in the presence of a notary public. "Embryo transfer" is defined as the medical procedure of physically placing an embryo into the uterus of a female recipient intended parent. "Embryo parentage" is defined as the acceptance of rights and responsibilities for an embryo by a recipient intended parent. If the embryo was created using donor gametes, the sperm or oocyte donors who irrevocably relinquished their rights in connection with in vitro fertilization are not entitled to any notice of the embryo relinquishment and their consent to the embryo relinquishment is not required. Upon relinquishment of rights pursuant to contract by the legal embryo custodians, the legal transfer of rights to an embryo will be considered complete, and the embryo transfer authorized, at the time of thawing or such other time as the parties may agree. A child born to a recipient intended parent as the result of embryo relinquishment is presumed to be the legal child of the recipient intended parent if each legal embryo custodian and each recipient intended parent has entered into a written contract as provided in the bill. Any and all prior legal embryo custodians whose donation of an embryo has resulted in the birth of a child to a recipient intended parent will have no rights or responsibilities with such child and of the child to them. |
| Fiscal Note |
(Dated: March 4 2013) Not Significant.
|
| Senate Status |
04/04/2013 - Senate passed with amendment 1 (004348), which deletes all language after the enacting clause. Specifies that the intent of the bill is to provide a single means to establish parentage of a child born of a donated embryo transfer to a recipient intended parent. Establishes the rights and responsibilities of parties to an embryo relinquishment or legal transfer of rights to an embryo. A legal embryo custodian may relinquish all rights and responsibilities relative to an embryo prior to embryo transfer. A written contract between legal embryo custodians and the embryo transfer clinic, or a legal embryo custodian and each recipient intended parent, as appropriate, is required when establishing embryo parentage prior to embryo transfer for the legal transfer of rights to an embryo and to any child that may result from the embryo transfer. The contract must be signed by the parties to the contract in the presence of a notary public. "Embryo transfer" is defined as the medical procedure of physically placing an embryo into the uterus of a female recipient intended parent. "Embryo parentage" is defined as the acceptance of rights and responsibilities for an embryo by a recipient intended parent. If the embryo was created using donor gametes, the sperm or oocyte donors who irrevocably relinquished their rights in connection with in vitro fertilization are not entitled to any notice of the embryo relinquishment and their consent to the embryo relinquishment is not required. Upon relinquishment of rights pursuant to contract by the legal embryo custodians, the legal transfer of rights to an embryo will be considered complete, and the embryo transfer authorized, at the time of thawing or such other time as the parties may agree. A child born to a recipient intended parent as the result of embryo relinquishment is presumed to be the legal child of the recipient intended parent if each legal embryo custodian and each recipient intended parent has entered into a written contract as provided in the bill. Any and all prior legal embryo custodians whose donation of an embryo has resulted in the birth of a child to a recipient intended parent will have no rights or responsibilities with such child and of the child to them. |
| House Status |
04/15/2013 - House passed. |
| Executive Status |
04/15/2013 - Sent to the speakers for signatures. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 34; Title 36 and Title 37, relative to relinquishment of rights involving an embryo. |
SB488 / HB719 Creation of substitute address for victims of certain crimes.
| Category |
Family Law |
| Sponsors |
Sen. Stacey Campfield / Rep. Dawn White |
| Description |
Creates 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 Status |
02/26/2013 - Taken off notice in Senate Judiciary. |
| House Status |
03/20/2013 - Taken off notice in House Civil Justice Subcommittee. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 36, Chapter 3, relative to confidentiality of certain victims. |
SB516 / HB609 Assessing court costs in juvenile matters.
| Category |
Family Law |
| Sponsors |
Sen. Ophelia Ford / Rep. Larry J. Miller |
| Description |
Revises 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 Status |
04/09/2013 - Taken off notice in Senate Judiciary Committee. |
| House Status |
03/20/2013 - Taken off notice in House Civil Justice Subcommittee. |
| Caption |
AN 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.
| Category |
Family Law |
| Sponsors |
Sen. Charlotte Burks / Rep. Sherry Jones |
| Description |
Allows 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 Status |
02/08/2013 - Referred to Senate Judiciary. |
| House Status |
03/26/2013 - Taken off notice in House Civil Justice Subcommittee. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 36, relative to parental relocation. |
SB594 / HB892 Visitation rights of grandparents.
| Category |
Family Law |
| Sponsors |
Sen. Jack Johnson / Rep. Courtney Rogers |
| Description |
Clarifies 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 Status |
02/08/2013 - Referred to Senate Judiciary. |
| House Status |
03/13/2013 - House Civil Justice Subcommittee deferred to summer study. |
| Caption |
AN 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.
| Category |
Family Law |
| Sponsors |
Sen. Stacey Campfield / Rep. G.A. Hardaway |
| Description |
Allows 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 Status |
04/09/2013 - Taken off notice in Senate Judiciary Committee. |
| House Status |
03/26/2013 - Failed in House Civil Justice Subcommittee. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 36-2-309, relative to child support. |
SB739 / HB670 Establishes the office of noncustodial parent advocacy.
| Category |
Family Law |
| Sponsors |
Sen. Reginald Tate / Rep. G.A. Hardaway |
| Description |
Requires 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 Status |
02/08/2013 - Referred to Senate Judiciary. |
| House Status |
03/26/2013 - Failed in House Civil Justice Subcommittee for lack of motion. |
| Caption |
AN 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.
| Category |
Family Law |
| Sponsors |
Sen. Lowe Finney / Rep. Sherry Jones |
| Description |
Extends visitation rights of grandparents to the adoptive parents of a biological parent. |
| Fiscal Note |
(Dated: March 15 2013) Not Significant.
|
| Senate Status |
02/08/2013 - Referred to Senate Judiciary. |
| House Status |
03/27/2013 - Taken off notice in House Civil Justice Subcommittee. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 36 and Title 37, relative to adoption. |
SB923 / HB1303 Termination of parental rights - rape conviction.
| Category |
Family Law |
| Sponsors |
Sen. Jack Johnson / Rep. Mary Littleton |
| Description |
Establishes additional grounds for the termination of parental rights if that parent was convicted of rape of a child. |
| Amendment |
SENATE AMENDMENT 1, HOUSE CIVIL JUSTICE COMMITTEE AMENDMENT 1 (006190) deletes all language after the enacting clause. Adds conviction of rape of a child pursuant to § 39-13-522 as a ground for termination of parental rights if the child was conceived from the rape. A certified copy of the conviction suffices to prove this ground for termination. SENATE AMENDMENT 2, HOUSE CIVIL JUSTICE COMMITTEE AMENDMENT 2 (006194) allows the victim of the rape to petition to terminate the parental rights of the rapist. |
| Fiscal Note |
(Dated: March 7 2013) Not Significant.
|
| Senate Status |
04/10/2013 - Senate passed with amendments 1 (006190) and 2 (006194). Amendment 1 (006190) deletes all language after the enacting clause. Adds conviction of rape of a child pursuant to § 39-13-522 as a ground for termination of parental rights if the child was conceived from the rape. A certified copy of the conviction suffices to prove this ground for termination. Amendment 2 (006194) allows the victim of the rape to petition to terminate the parental rights of the rapist. |
| House Status |
04/15/2013 - Set for House floor 04/16/2013. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 36 and Title 39, relative to termination of parental rights. |
SB934 / HB453 Long-term mentor for delinquent child.
| Category |
Family Law |
| Sponsors |
Sen. Ophelia Ford / Rep. G.A. Hardaway |
| Description |
Allows the court when a child is found to be a delinquent child based on conduct involving the use of a firearm to assign a long-term mentor to such child or require that the delinquent child or any of the child's family members receive counseling services. Authorizes the commissioner to develop and institute within the youth development centers courses of instruction and training in canine behavior. |
| Amendment |
HOUSE CIVIL JUSTICE COMMITTEE AMENDMENT 1 (006226) deletes all language after the enacting clause. Authorizes a court to order assignment of a long-term mentor to a child found to be delinquent or require that the child or any of the child's family members receive counseling services from any counseling service provided through or approved by the court only if the funding necessary to implement the order is appropriated by the legislative body of the county in which the court is located or is provided by grants from public or private sources. The Administrative Office of the Courts and local governments are urged to seek and apply for grants to fund the mentoring and counseling programs. SENATE JUDICIARY COMMITTEE AMENDMENT 1, HOUSE FINANCE SUBCOMMITTEE AMENDMENT 1 (006644) deletes all language after the enacting clause. Authorizes a court, in lieu of committing a child found to be delinquent to the custody of DCS, to order assignment of a long-term mentor to the child or to require that the child or any of the child's family members receive counseling services from any counseling service provided through or approved by the court. The order is authorized only if the funding necessary to implement the order is appropriated by the legislative body of the county in which the court is located or is provided by grants from public or private sources. The Administrative Office of the Courts and local governments are urged to seek and apply for grants to fund the mentoring and counseling programs. |
| Fiscal Note |
(Dated: March 16 2013) Increased State Expenditures - $846,200 - Increased Federal Expenditures - $71,800 - Other Fiscal Impact - The number of children that might receive counseling and mentoring services through a juvenile court cannot be quantified. Local government expenditures could increase if a juvenile court chooses to provide these services.
|
| Senate Status |
04/15/2013 - Set for Senate Finance Continued 04/16/13. |
| House Status |
04/15/2013 - House Finance Subcommittee recommended with amendment 1 (006644), which deletes all language after the enacting clause. Authorizes a court, in lieu of committing a child found to be delinquent to the custody of DCS, to order assignment of a long-term mentor to the child or to require that the child or any of the child's family members receive counseling services from any counseling service provided through or approved by the court. The order is authorized only if the funding necessary to implement the order is appropriated by the legislative body of the county in which the court is located or is provided by grants from public or private sources. The Administrative Office of the Courts and local governments are urged to seek and apply for grants to fund the mentoring and counseling programs. Sent to House Finance Committee. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 37, relative to juveniles. |
SB936 / HB255 Legal guardian may serve 100 days after ward leaves.
| Category |
Family Law |
| Sponsors |
Sen. Mark Green / Rep. Gary Odom |
| Description |
Provides 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 Status |
02/08/2013 - Referred to Senate Judiciary. |
| House Status |
02/21/2013 - Referred to House Civil Justice Subcommittee. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 30, Chapter 3; Title 33; Title 34 and Title 71, relative to conservatorships. |
SB1034 / HB710 Termination of parental rights - trafficking for commercial sex acts.
| Category |
Family Law |
| Sponsors |
Sen. Brian K. Kelsey / Rep. Mary Littleton |
| Description |
Establishes as grounds for termination of a person's parental rights the conviction of a parent of trafficking for commercial sex acts when the parent's child is one of the victims of the offense. |
| Amendment |
House amendment 1, Senate Judiciary Committee amendment 1 (003903) adds that a guardian's conviction for trafficking a person for a commercial sex act under section 39-13-309 is a ground for initiation of termination of guardianship rights. Removes the element of the ground for termination that the child of the parent is one of the victims of the offense. |
| Fiscal Note |
(Dated: February 18 2013) Not Significant.
|
| Senate Status |
04/15/2013 - Set for Senate Floor 04/17/13. |
| House Status |
03/11/2013 - House passed with amendment 1. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 36, Chapter 1, Part 1, relative to the termination of parental rights. |
SB1068 / HB597 Parent to notify a child's other parent before relocating.
| Category |
Family Law |
| Sponsors |
Sen. Charlotte Burks / Rep. Ryan Williams |
| Description |
Requires a parent who is spending intervals of time with a child and wants to relocate more than 30 miles from the other parent within the state to notify the other parent of the intended relocation. |
| Amendment |
HOUSE AMENDMENT 1 (003942) requires notification for an intended relocation of more than 50 miles from the other parent within the state instead of 100 miles. SENATE AMENDMENT 2 (006304) changes the effective date to October 1, 2013, and specifies that bill's provisions shall only apply to relocation occurring on or after that date. |
| Fiscal Note |
(Dated: February 26 2013) Increase State Revenue - Not Significant - Increase State Expenditures - Not Significant - Increase Local Revenue - Not Significant - Increase Local Expenditures - Not Significant.
|
| Senate Status |
04/10/2013 - Senate passed with amendment 2 (006304), which changes the effective date to October 1, 2013, and specifies that bill's provisions shall only apply to relocation occurring on or after that date. |
| House Status |
04/11/2013 - Set for House Message 04/15/13. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 36-6-108, relative to parental relocation. |
SB1074 / HB517 Initial forensic interview with victim of alleged child sexual abuse.
| Category |
Family Law |
| Sponsors |
Sen. Charlotte Burks / Rep. Sherry Jones |
| Description |
Requires 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. |
| Amendment |
House 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 Status |
04/15/2013 - Set for Senate Finance Continued 04/16/13. |
| House Status |
04/10/2013 - House Finance Subcommittee deferred to behind the budget. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 37, relative to child sexual abuse investigations. |
SB1342 / HB1201 Child support payments - changing the payee.
| Category |
Family Law |
| Sponsors |
Sen. Mike Bell / Rep. Eric Watson |
| Description |
Requires 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 Status |
02/26/2013 - Referred to Senate Judiciary. |
| House Status |
02/27/2013 - Referred to House Civil Justice Subcommittee. |
| Caption |
AN 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.
| Category |
Family Law |
| Sponsors |
Sen. Reginald Tate / Rep. Karen D. Camper |
| Description |
Requires 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 Status |
04/09/2013 - Taken off notice in Senate Judiciary Committee. |
| House Status |
03/26/2013 - House Civil Justice Subcommittee deferred to 01/01/14. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 36, Chapter 5, relative to child support. |
SB1390 / HB1050 Protective custody of children.
| Category |
Family Law |
| Sponsors |
Sen. Brian K. Kelsey / Rep. Jim Coley |
| Description |
Adds a person who physically possesses or controls a child to those individuals whose child can be removed from that individual's custody if the child is subject to an immediate threat to the child's health or safety and there is no less drastic alternative to removal. |
| Fiscal Note |
(Dated: March 2 2013) Not Significant.
|
| Senate Status |
04/08/2013 - Senate passed. |
| House Status |
03/18/2013 - House passed. |
| Executive Status |
04/10/2013 - Sent to governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 37, relative to protective custody of children. |
Government Organization - 15
SB368 / HB827 Creation of conflict of interest policies.
| Category |
Government Organization |
| Sponsors |
Sen. Mike Bell / Rep. Judd Matheny |
| Description |
Requires 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 Status |
01/31/2013 - Referred to Senate Government Operations. |
| House Status |
02/07/2013 - Referred to House Government Operations. |
| Caption |
AN 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.
| Category |
Government Organization |
| Sponsors |
Sen. Mike Bell / Rep. Judd Matheny |
| Description |
Requires 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 Status |
01/31/2013 - Referred to Senate Government Operations. |
| House Status |
02/06/2013 - Referred to House Government Operations. |
| Caption |
AN 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.
| Category |
Government Organization |
| Sponsors |
Sen. Mike Bell |
| Description |
Alters 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 Status |
01/31/2013 - Referred to Senate Government Operations. |
| House Status |
None |
| Caption |
AN 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.
| Category |
Government Organization |
| Sponsors |
Sen. Stacey Campfield |
| Description |
Creates 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 Status |
01/31/2013 - Referred to Senate Government Operations. |
| House Status |
None |
| Caption |
AN 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.
| Category |
Government Organization |
| Sponsors |
Sen. Mike Bell / Rep. John Ragan |
| Description |
Extends the judicial nominating commission through June 30, 2013. |
| Amendment |
House 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 Status |
04/10/2013 - Senate Government Operations Committee recommended with amendment 1 (002968), which extends the commission to June 30, 2014, instead of June 30, 2013. Sent to Senate Calendar Committee. |
| House Status |
02/21/2013 - House passed with amendment 1. |
| Caption |
AN 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.
| Category |
Government Organization |
| Sponsors |
Sen. Mike Bell / Rep. Judd Matheny |
| Description |
Extends the judicial performance evaluation commission through June 30, 2014. |
| Amendment |
Senate Government Operations Committee amendment 1 (006716) deletes and rewrites Section 3 of the bill. Creates a new judicial performance evaluation commission composed of nine members and to be effective by July 1, 2013. Requires the speaker of the senate to appoint four members consisting of two attorneys, one non-attorney, and one judge or attorney. Requires the speaker of the house to appoint four members consisting of two attorneys, one non-attorney, and one judge or attorney. Directs the speaker of the senate and the speaker of the house to jointly appoint one state court judge, administrative law judge, or attorney member. Creates term limits for the members of the commission. Restricts a member of the judicial performance commission from being eligible to seek an appellate judgeship that becomes available as a result of the commission's recommendation for replacement of an incumbent appellate judge. |
| Fiscal Note |
(Dated: February 10 2013) Not Significant.
|
| Senate Status |
04/10/2013 - Senate Government Operations Committee recommended with amendment 1 (006716). Sent to Senate Calendar Committee. |
| House Status |
03/18/2013 - House passed. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 4, Chapter 29 and Title 17, Chapter 4, relative to the judicial performance evaluation commission. |
SB595 / HB500 Creates office of the repealer.
| Category |
Government Organization |
| Sponsors |
Sen. Jack Johnson / Rep. Glen Casada |
| Description |
Creates the office of the repealer within the office of the secretary of state for a period of four years. |
| Amendment |
SENATE AMENDMENT 1 (003598) specifies that recommendations from the office must be made to the government operations committee of each house. Requires the office to provide a quarterly update to the government operations committee of each house. HOUSE AMENDMENT 1 (005410) rewrites the bill. Creates the office of the repealer. and specifies that it is a joint entity of the senate and the house of representatives and shall be administratively attached to the office of legal services. The director of legal services shall serve as the director of the office of the repealer. Requires the repealer to report findings and recommendations to the speakers annually by December 1. Requires the director, in consultation with the director of legislative information systems, to establish an online capability to solicit and receive suggestions. |
| Fiscal Note |
(Dated: February 7 2013) Not Significant.
|
| Senate Status |
03/28/2013 - Senate passed with amendment 1 (003598), which specifies that recommendations from the office must be made to the government operations committee of each house. Requires the office to provide a quarterly update to the government operations committee of each house. |
| House Status |
04/15/2013 - House passed with amendment 1 (005410), which rewrites the bill. Creates the office of the repealer. and specifies that it is a joint entity of the senate and the house of representatives and shall be administratively attached to the office of legal services. The director of legal services shall serve as the director of the office of the repealer. Requires the repealer to report findings and recommendations to the speakers annually by December 1. Requires the director, in consultation with the director of legislative information systems, to establish an online capability to solicit and receive suggestions. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 8, Chapter 3, relative to creating the office of the repealer. |
SB843 / HB311 Civil penalties that TN departments may assess.
| Category |
Government Organization |
| Sponsors |
Sen. Bill Ketron / Rep. Jeremy Faison |
| Description |
Requires 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. |
| Amendment |
House 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 Status |
03/19/2013 - Taken off notice in Senate Commerce & Labor Committee. |
| House Status |
04/03/2013 - Taken off notice in House Business & Utilities Committee. |
| Caption |
AN 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.
| Category |
Government Organization |
| Sponsors |
Sen. Rusty Crowe / Rep. Timothy Hill |
| Description |
Allows 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 Status |
02/08/2013 - Referred to Senate Judiciary. |
| House Status |
03/27/2013 - Taken off notice in House State Government Subcommittee. |
| Executive Status |
03/18/2013 - Taken off notice in Council on Pensions & Insurance. |
| Caption |
AN 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.
| Category |
Government Organization |
| Sponsors |
Sen. Frank Niceley / Rep. Joe Towns Jr. |
| Description |
Re-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 Status |
02/08/2013 - Referred to Senate Government Operations. |
| House Status |
03/13/2013 - Failed in House State Government Subcommittee. |
| Caption |
AN 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.
| Category |
Government Organization |
| Sponsors |
Sen. Randy McNally / Rep. Steve McManus |
| Description |
Specifies 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 Status |
02/08/2013 - Referred to Senate State & Local Government. |
| House Status |
03/20/2013 - Taken off notice in House State Government Subcommittee. |
| Caption |
AN 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.
| Category |
Government Organization |
| Sponsors |
Sen. Brian K. Kelsey / Rep. Mark White |
| Description |
Creates 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 Status |
02/08/2013 - Referred to Senate Government Operations. |
| House Status |
03/19/2013 - Taken off notice in House Government Operations Committee. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 4 and Title 63, relative to the practice of behavior analysis. |
SB1208 / HB890 Obsolete language concerning business, insurance, utilities.
| Category |
Government Organization |
| Sponsors |
Sen. Jack Johnson / Rep. Beth Harwell |
| Description |
Deletes obsolete and antiquated statutory text and references concerning business, insurance and utilities. |
| Fiscal Note |
(Dated: February 26 2013) Not Significant.
|
| Senate Status |
03/27/2013 - Senate passed. |
| House Status |
04/08/2013 - House passed. |
| Executive Status |
04/11/2013 - Sent to governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 7; Title 45; Title 46; Title 47; Title 55; Title 56; Title 62; Title 65 and Title 68, relative to deleting obsolete and antiquated statutory text and references concerning business, insurance and utilities. |
SB1219 / HB356 Adds $10.00 fee to filing a divorce action.
| Category |
Government Organization |
| Sponsors |
Sen. Charlotte Burks / Rep. Jim Coley |
| Description |
Requires 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 Status |
02/14/2013 - Referred to Senate Judiciary. |
| House Status |
03/06/2013 - Taken off notice in House Civil Justice Subcommittee. |
| Caption |
AN 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. |
SJR103 Constitutional amendment - powers of the governor during disability.
| Category |
Government Organization |
| Sponsors |
Sen. Becky Duncan Massey |
| Description |
Proposes 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. |
| Amendment |
Senate 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 Status |
04/10/2013 - Senate adopted. |
| House Status |
None |
| Caption |
A 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. |
Government Regulation - 11
SB132 / HB261 Reduces TANF payments based on unsatisfactory school report.
| Category |
Government Regulation |
| Sponsors |
Sen. Stacey Campfield / Rep. Vance Dennis |
| Description |
Requires 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. |
| Amendment |
Senate 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 Status |
04/11/2013 - Referred to Senate Health & Welfare Committee after adopting amendment 1 (004557), which 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. |
| House Status |
04/09/2013 - House Government Operations Committee recommended. Sent to House Finance. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 71, Chapter 3, Part 1, relative to certain assistance payments to parents or caretakers. |
SB148 / HB142 Regulatory boards and commissions.
| Category |
Government Regulation |
| Sponsors |
Sen. Mark S. Norris / Rep. Gerald McCormick |
| Description |
Removes the requirement that each bill collection service have a location manager. Removes the requirement that real estate agents licensed in other states be granted reciprocal licensure in Tennessee only if such state also grants reciprocal licensure to Tennessee citizens. Revises provisions of law regarding Contractors, Collections, Architects and Engineers regulatory boards and commissions. (Part of Administration Package) |
| Amendment |
Senate amendment 1 (004103) rewrites the bill. Changes, from biannual to biennial, the frequency in which an appraisal management company (AMC) is required to certify that it has systems and verification processes in place for: any individual, who is being added to an appraiser panel; any individual to whom any AMC is making assignments; performance of an appraisal review on a periodic basis of work; proof that each service request received from within the state is being properly recorded; any individual who performs an appraisal in the state. Deletes references in code to location managers and location manager licenses. |
| Fiscal Note |
(Dated: February 26 2013) Decrease State Revenue - $30,600/FY13-14/Collection Service Board Decrease State Expenditures - $30,600/FY13-14/Collection Service Board - Not Significant/Real Estate Appraiser Commission - Other Fiscal Impact - All regulatory boards are required to be self-supporting. The Collection Service Board will continue to realize a decrease in licensure fee renewals each year until all location manager licenses are no longer valid. The Board will also incur a corresponding decrease in expenditures. The estimated net impact in the out years is estimated to be not significant.
|
| Senate Status |
03/27/2013 - Senate passed with amendment 1. |
| House Status |
04/10/2013 - House passed. |
| Executive Status |
04/11/2013 - Sent to governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 62, Chapters 2, 6, 20 and 39, relative to regulatory boards and commissions. |
SB149 / HB143 Department of Commerce and Insurance - regulatory boards.
| Category |
Government Regulation |
| Sponsors |
Sen. Mark S. Norris / Rep. Gerald McCormick |
| Description |
Allows the director of the Division of Regulatory Boards of the Department of Commerce and Insurance to implement a system for electronic submission of complaints or applications for licensure or registration, including renewal, to any regulatory program attached to the Division. Adds that payment of any civil penalty assessed after a hearing held pursuant to the UAPA is a prerequisite to renewal of any license issued by a regulatory program assigned to the division unless the final decision of the regulatory authority is stayed pursuant to present law or acceptable arrangements for payment of the civil penalty are made with the regulatory authority prior to the renewal of any license issued by a regulatory program assigned to the division. (Part of Administration Package) |
| Amendment |
Senate amendment 1 (003779) extends the requirement that arrangements for the payment of civil penalties must have been made or arranged for prior to issuance or renewal of any license issued by a board, commission or agency attached to the division of regulatory boards. Makes various non-substantive technical changes. |
| Fiscal Note |
(Dated: February 20 2013) Other Fiscal Impact - All boards, councils, and commissions under the Division of Regulatory Boards will recognize cost savings due to the provisions of the proposed legislation. An exact amount of cost savings cannot be quantified due to a number of unknown factors. Each entity is required to be self-sufficient, therefore, it is estimated that any cost savings will result in adequate revisions to the fee structure of the individual entities to recognize the decrease in expenditures.
|
| Senate Status |
03/04/2013 - Senate passed with amendment 1. |
| House Status |
03/21/2013 - House passed. |
| Executive Status |
04/12/2013 - Signed by governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 56, Chapter 1, Part 3, relative to the Division of Regulatory Boards. |
SB244 / HB119 Limits use of public assistance benefit money.
| Category |
Government Regulation |
| Sponsors |
Sen. Jim Tracy / Rep. Terri Lynn Weaver |
| Description |
Prohibits any recipient of public assistance benefits from using any portion of public assistance benefits for the purchase of any alcoholic beverage, tobacco product, or lottery ticket. Upon the first violation, the person shall be disqualified from receiving public assistance benefits for one month. Upon the second violation, the person shall be disqualified from receiving public assistance benefits for three months. Upon a third or subsequent violation, the personal shall be permanently disqualified from receiving public assistance benefits. Prohibits any recipient of public assistance benefits from withdrawing or using benefits for the purchase of goods or services in a retail establishment that primarily sells tobacco products, a tattoo facility, a facility providing psychic services, an adult cabaret, or an establishment open to the public where liquor, wine, beer, or other alcoholic beverages are served for consumption on the premises. |
| Amendment |
Senate amendment 1 (003350) rewrites the bill. Provides that a recipient of public assistance is prohibited from knowingly using an EBT card in a liquor store as defined by federal law; at any casino, gambling casino or gaming establishment as defined by federal law; and an adult cabaret as defined in TCA 7-51-1102. Public assistance is defined as money or property provided directly or indirectly to eligible persons through TANF. Any person who knowingly uses an EBT card in a prohibited location must, to the extent permitted by federal law, reimburse the Department for the purchase. A recipient of public assistance is also prohibited from knowingly using an EBT card in an automated teller machine or point-of-sale device located in a liquor store as defined by federal law; a casino, gambling casino, or gaming establishment as defined by federal law; or an adult cabaret as defined in TCA 7-51-1102. Any person who knowingly uses an EBT card in an ATM or POS device located in a prohibited location must reimburse the Department for any amount withdrawn and used, unless prohibited by federal law. Upon a third or subsequent violation, if permitted by federal law, the person will be permanently disqualified from receiving public assistance by means of direct cash payment or an EBT access card. A person or business entity, or any agent or employee of the person or business entity, is prohibited from knowingly accepting public assistance benefits from an EBT card for the purchase of any goods or services in a liquor store as defined by federal law; at any casino, gambling casino or gaming establishment as defined by federal law; and an adult cabaret as defined in TCA 7-51-1102. A person or business entity that violates this prohibition is subject to the following civil penalties: $1,000 for the first violation; $2,500 for the second violation within five years; and $5,000 for a third or subsequent violation within five years. The Department is authorized to bring an action to enforce any civil penalty in a complaint filed in the chancery court of the county where the merchant is located. Civil penalties are required to be deposited into the general fund. A district attorney general may bring an action to suspend the business licenses and permits of the person or business entity for one year for any violation of this prohibition. Any person or entity subject to a penalty or sanction under the proposed legislation will have the right to a hearing pursuant to UAPA. The Department is required to establish a system for reviewing benefit transactions of recipients as frequently as the commissioner may determine, but not less than on a quarterly basis. The Department is required to add prohibited uses of an EBT card by rule promulgation to the fullest extent later permitted by federal law. The Department is authorized to promulgate rules and regulations, including emergency rules, to effectuate the purposes of the legislation. The proposed legislation will take effect July 1, 2014, except that for rulemaking purposes the proposed legislation will take effect upon becoming law. |
| Fiscal Note |
(Dated: February 13 2013) Increase State Expenditures - $13,600/One-Time - $182,200/Recurring - Other Fiscal Impact - Civil penalties collected as a result of violations by persons and business entities will be deposited in the Public Assistance Integrity Fund. Money deposited in the fund will be allocated to the Department of Human Services (DHS) and the district attorneys to offset any costs incurred due to the provisions of the bill. It is unknown how many violations may occur and how much funding will be collected as a result. It is estimated that any fiscal support by the Fund will be in future fiscal years. - Implementation of this bill could jeopardize $9,576,200 in federal funds. According to the DHS, the restrictions on assistance spending and EBT transactions in the proposed legislation are broader in scope than the federal restrictions enacted by the Middle Class Tax Relief and Job Creation Act of 2012. According to the DHS, under 42 U.S.C. § 609 the Department of Health and Human Services (HHS) will impose a five percent penalty on the state family assistance grant if the state is in violation of federal law. According to the HHS website, the penalty will be imposed on the fiscal year following a final decision by HHS.
|
| Senate Status |
02/25/2013 - Senate passed with amendment 1. |
| House Status |
04/15/2013 - House passed. |
| Executive Status |
04/15/2013 - Sent to the speakers for signatures. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 71, relative to electronic benefit card transactions involving persons receiving certain assistance. |
SB388 / HB812 Public rulemaking hearing for proposed rule.
| Category |
Government Regulation |
| Sponsors |
Sen. Mike Bell / Rep. Judd Matheny |
| Description |
Establishes 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 Status |
01/31/2013 - Referred to Senate Government Operations. |
| House Status |
02/06/2013 - Referred to House Government Operations. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 4-5-202, relative to proposed rules. |
SB593 / HB499 Destroying of corporation records by secretary of state.
| Category |
Government Regulation |
| Sponsors |
Sen. Jack Johnson / Rep. Art Swann |
| Description |
Decreases, 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 Status |
03/19/2013 - Taken off notice in Senate Commerce & Labor Committee. |
| House Status |
02/21/2013 - Referred to House Business & Utilities Subcommittee. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 48 and Title 61, relative to business organizations. |
SB597 / HB323 Redefined qualified alien for Eligibility Verification Entitlements.
| Category |
Government Regulation |
| Sponsors |
Sen. Jack Johnson / Rep. Joe Carr |
| Description |
Expands the definition of "qualified alien" for purposes of the Eligibility Verification for Entitlements Act and allows state entities to verify an applicant's eligibility under the Act by using the SEVIS system, instead of the SAVE program. Specifies that certain aliens and non-immigrants, who are not considered "qualified aliens" under federal law but who are otherwise eligible to receive state and local benefits, would be considered to be "qualified aliens" for purposes of the state Eligibility Verification for Entitlements Act. Specifies that if a non-citizen applicant for benefits can't provide two forms of documentation of identity and immigration status, as required under federal law, then the person must provide one form of identification and be verified by the agency or political subdivision through the SAVE program or the SEVIS system. |
| Fiscal Note |
(Dated: February 7 2013) Not Significant.
|
| Senate Status |
03/14/2013 - Senate passed. |
| House Status |
03/18/2013 - House passed. |
| Executive Status |
04/02/2013 - Sent to governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 4, Chapter 58, Part 1, relative to the eligibility verification for entitlements act. |
SB722 / HB588 UN representative not allowed to operate within state.
| Category |
Government Regulation |
| Sponsors |
Sen. Frank Niceley / Rep. James (Micah) Van Huss |
| Description |
Prohibits 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 Status |
03/19/2013 - Senate State & Local Government Committee deferred to 03/26/13. |
| House Status |
02/21/2013 - Referred to House State Government Subcommittee. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 4, relative to state sovereignty. |
SB730 / HB409 UAPA - filing of rules with the secretary of state.
| Category |
Government Regulation |
| Sponsors |
Sen. Bo Watson / Rep. Curtis G. Johnson |
| Description |
Requires 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 Status |
02/08/2013 - Referred to Senate Government Operations. |
| House Status |
02/05/2013 - Referred to House State Government Subcommittee. |
| Caption |
AN 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.
| Category |
Government Regulation |
| Sponsors |
Sen. Dolores R. Gresham / Rep. Kelly Keisling |
| Description |
Defines 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 Status |
02/08/2013 - Referred to Senate State & Local Government. |
| House Status |
02/05/2013 - Referred to House State Government Subcommittee. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 1-3-105, relative to definitions of terms in the code. |
HB803 State boards to adopt conflict of interest policies.
| Category |
Government Regulation |
| Sponsors |
Rep. Judd Matheny |
| Description |
Requires 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 Status |
None |
| House Status |
02/07/2013 - Withdrawn in House. |
| Caption |
AN 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 - 17
SB172 / HB166 Tennessee Retail Food Safety Act.
| Category |
Health Care |
| Sponsors |
Sen. Mark S. Norris / Rep. Gerald McCormick |
| Description |
Creates the "Tennessee Retail Food Safety Act" by rewriting existing Retail Food Store Inspection Act of 1986. revises and reorganizes other food safety laws, including those governing quick food establishments. 54 pp. (Part of Administration Package) |
| Amendment |
Senate amendment 1 (004443) rewrites the bill. Enacts the Tennessee Retail Food Safety Act, administered by the Department of Agriculture, by rewriting the existing Retail Food and Store Inspection Act of 1986, to ensure that food offered in food service establishments located within retail food stores for public consumption are safe as prepared, processed, served, packaged, and delivered. Rewrites the Hotel, Food Service Establishment and Public Swimming Pool Inspection Act of 1985 by deleting all references to food service establishments. Enacts the Tennessee Food Safety Act, administered by the Department of Health (DOH), by rewriting the existing Quick Fast Food Establishments Law, so that all regulation of food service establishments under the jurisdiction of DOH is codified under the same Act. Makes the provisions of the Tennessee Retail Food Safety Act applicable with provisions of the Tennessee Food Safety Act. |
| Fiscal Note |
(Dated: February 26 2013) Not Significant.
|
| Senate Status |
03/21/2013 - Senate passed with amendment 1. |
| House Status |
04/03/2013 - House passed. |
| Executive Status |
04/11/2013 - Sent to governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 53, Chapter 8 and Title 68, Chapter 14, relative to food safety. |
SB180 / HB174 Misdemeanor charges for persons incompetent to stand trial.
| Category |
Health Care |
| Sponsors |
Sen. Mark S. Norris / Rep. Gerald McCormick |
| Description |
Revises provisions relating to the competency to stand trial reports and retirement of misdemeanor charges for individuals incompetent to stand trial. Creates a subsection where if a defendant is found to be incompetent to stand trial, any misdemeanor charges pending at the time of the incompetency determination shall be retired no later than 11 months and 29 days after the date of arrest. Establishes the reporting obligation to cease at the point the misdemeanor charges are retired. (Part of Administration Package) |
| Fiscal Note |
(Dated: February 20 2013) Decrease State Revenue - $204,300 - Decrease Local Expenditures - $241,200 - Funding for this bill in the amount of $204,400 is included in the Governor's proposed FY13-14 budget.
|
| Senate Status |
03/27/2013 - Senate passed. |
| House Status |
03/18/2013 - House passed. |
| Executive Status |
04/10/2013 - Signed by governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 33, Chapter 7, Part 3, relative to competency to stand trial reports and retirement of misdemeanor charges for individuals incompetent to stand trial. |
SB192 / HB186 Various changes to health care law - broadly captioned.
| Category |
Health Care |
| Sponsors |
Sen. Mark S. Norris / Rep. Gerald McCormick |
| Description |
Requires 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 Status |
01/31/2013 - Referred to Senate Judiciary. |
| House Status |
03/20/2013 - Taken off notice in House Civil Justice Subcommittee. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 33; Title 56; Title 63; Title 68 and Title 71, relative to healthcare. |
SB257 / HB1019 Replaces current universal do not resuscitate order statute.
| Category |
Health Care |
| Sponsors |
Sen. Rusty Crowe / Rep. Cameron Sexton |
| Description |
Replaces current do not resuscitate order with a new provision authorizing physician orders for scope of treatment (POST). Defines POST as written orders on an approved form that specifies whether in the event of cardiac or respiratory arrest, cardiopulmonary resuscitation should or should not be attempted and specifies other medical interventions that are to be provided or withheld. Authorizes nurse practitioners or clinical nurse specialists to issue a POST under certain circumstances. Establishes a POST to be valid and in effect until revoked. Requires health care facilities to communicate the existence of the POST. Empowers the board for licensing health care facilities to promulgate rules and create forms regarding procedures for withholding resuscitative services. Removes civil and criminal liability for health care providers acting in good faith for decisions regarding a POST. |
| Amendment |
House amendment 1 (003505) authorizes a physician assistant, in addition to a nurse practitioner or clinical nurse specialist, to issue a POST for a patient with whom such physician assistant has a bona fide nurse-patient relationship in the circumstances described above in the bill summary. Clarifies, in regard to the circumstances for such a nurse or physician assistant to issue a POST, that either the patient is a resident of a licensed nursing home or ICF/MR facility or the patient is a hospital patient and is in the process of being discharged from the nursing home or hospital or transferred to another facility at the time the POST is being issued. Deletes the provisions of the bill that are described in the bill summary under the heading LIVING WILLS AND POWER OF ATTORNEYS FOR HEALTH CARE. |
| Fiscal Note |
(Dated: February 12 2013) Not Significant.
|
| Senate Status |
04/04/2013 - Senate passed. |
| House Status |
03/21/2013 - House passed with amendment 1. |
| Executive Status |
04/10/2013 - Sent to governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 32, Chapter 11; Title 34, Chapter 6 and Title 68, Chapter 11, relative to health care decisions. |
| Category |
Health Care |
| Sponsors |
Sen. Mae Beavers / Rep. Mark Pody |
| Description |
Enacts 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. |
| Amendment |
HOUSE 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 Status |
03/26/2013 - Taken off notice in Senate Health & Welfare Committee. |
| House Status |
02/19/2013 - Failed in House Insurance & Banking Committee. The bill failed after the committee had adopted amendments 1 and 2. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 4; Title 33; Title 63; Title 68 and Title 71, relative to a health care compact. |
SB430 / HB342 Nursing home privilege tax extended.
| Category |
Health Care |
| Sponsors |
Sen. Doug Overbey / Rep. Michael Harrison |
| Description |
Extends the nursing home privilege tax for one year. Renames such tax the nursing home annual assessment fee. |
| Amendment |
Senate Health and Welfare Committee amendment 1, House amendment 1 (003112) replaces "nursing home privilege tax" with "nursing home assessment fee." |
| Fiscal Note |
(Dated: February 12 2013) Other Fiscal Impact - Prevents the loss of $82,300,000 in state revenue and $156,250,700 in federal matching funds - Revenue recognition in the amount of $82,300,000 in state revenue is included in the Governor's proposed FY13-14 budget.
|
| Senate Status |
04/11/2013 - Set for Senate Floor 04/16/13. |
| House Status |
04/15/2013 - House passed with amendment 1 (003112), which replaces "nursing home privilege tax" with "nursing home assessment fee." |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 68 and Title 71, relative to nursing homes. |
SB431 / HB345 Issuance of certificates of need for new nursing home beds.
| Category |
Health Care |
| Sponsors |
Sen. Doug Overbey / Rep. Michael Harrison |
| Description |
Extends the current moratorium on the issuance of certificates of need for new nursing home beds until June 30, 2014. |
| Fiscal Note |
(Dated: February 18 2013) Other Fiscal Impact - The state will forgo nursing home bed tax revenue and avoid paying increased state and federal reimbursement expenditures arising from Medicaid enrollees utilizing long term care services.
|
| Senate Status |
03/11/2013 - Senate passed. |
| House Status |
04/15/2013 - House passed. |
| Executive Status |
04/15/2013 - |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 68 and Title 71, relative to nursing homes. |
SB441 / HB544 Annual Coverage Assessment Act of 2013.
| Category |
Health Care |
| Sponsors |
Sen. Doug Overbey / Rep. Michael Harrison |
| Description |
Creates the Annual Coverage Assessment Act of 2013. Establishes process for annual coverage assessments to be applied on covered hospitals. Requires such assessment to not be used to reduce or eliminate state funding to the Tenncare program. Establishes procedure to impose and collect the assessment. Specifies the amount of the assessment. (15 pp.) |
| Fiscal Note |
(Dated: February 11 2013) Increase State Revenue - $449,800,000/FY13-14/ - Maintenance of Coverage Trust Fund Increase State Expenditures - $449,800,000/FY13-14/ - Maintenance of Coverage Trust Fund - Increase Federal Expenditures - $842,576,800/FY13-14/ Maintenance of Coverage Trust Fund - Revenue recognition in the amount of $449,800,000 is included in the Governor's proposed FY13-14 budget. Corresponding non-recurring appropriations in the amount of $1,292,376,800 ($449,800,000 in state funds and $842,576,800 in federal matching funds) are also included.
|
| Senate Status |
04/03/2013 - Senate passed. |
| House Status |
03/28/2013 - House passed. |
| Executive Status |
04/10/2013 - Sent to governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 71, Chapter 5, and Chapter 645 of the Public Acts of 2012, relative to the Annual Coverage Assessment. |
SB442 / HB880 Immunity to health providers in certain situations.
| Category |
Health Care |
| Sponsors |
Sen. Doug Overbey / Rep. David B. Hawk |
| Description |
Provides immunity to a hospital or health care provider in determining that a person needs emergency mental health treatment or needs physical restraint or vehicle security during transportation to a hospital or treatment resource. |
| Fiscal Note |
(Dated: February 18 2013) Not Significant.
|
| Senate Status |
03/04/2013 - Senate passed. |
| House Status |
03/04/2013 - House passed. |
| Executive Status |
03/22/2013 - Enacted as Public Chapter 0032 effective July 1, 2013. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 8-42-101; Section 33-6-901 and Section 33-6-407, relative to immunity from liability for health care providers and health care facilities. |
SB789 / HB645 Reporting of a patient who makes an actual threat of bodily harm.
| Category |
Health Care |
| Sponsors |
Sen. Ferrell Haile / Rep. William G. Lamberth |
| Description |
Requires mental health professionals to report any patient who makes an actual threat of bodily harm against a reasonably identifiable victim or victims to local law enforcement who shall then report such patient to NICS for purposes of prohibiting the purchase of a firearm when a background check is conducted. |
| Amendment |
SENATE AMENDMENT 1 (004497) revises bill's provisions regarding a mental health professional reporting threats of harm. Under this amendment, if a service recipient has communicated to a qualified mental health professional or behavior analyst an actual threat of serious bodily harm or death against a reasonably identifiable victim or victims, the qualified mental health professional or behavior analyst, using the reasonable skill, knowledge, and care ordinarily possessed and exercised by the professional's specialty under similar circumstances, who has determined or reasonably should have determined that the service recipient has the apparent ability to commit such an act and is likely to carry out the threat unless prevented from doing so, must immediately report the service recipient to local law enforcement, who must immediately report the service recipient to the federal bureau of investigation-NICS Index and the department of safety for the purposes of complying with the NICS Improvement Amendments Act. HOUSE AMENDMENT 1 (006279) makes the following changes: (1) Generally, present law requires that certain information regarding a person who is judicially committed or adjudicated as a mental defective, be collected and reported to the FBI-NICS Index and the department of safety. This amendment requires that the clerks of those courts unable to make such direct reports to the FBI-NICS index, provide sufficient information to the AOC who must make such reports on behalf of those clerks as soon as practicable, but no later than the third business day following the date of receipt; (2) This amendment requires the AOC to make available, upon request, to the TBI all information the AOC receives from the various courts regarding compliance with the present law reporting requirements described above in (1); and (3) Under the bill, if a service recipient is reported to local law enforcement for making a threat of bodily harm or death, as described in the above summary, then the local law enforcement must immediately report the service recipient to the FBI-NICS Index and the department of safety for the purposes of complying with the NICS Improvement Amendments Act of 2007. This amendment revises the requirements of local law enforcement who receive such a service recipient to instead require that local law enforcement take appropriate action based upon the information reported. HOUSE AMENDMENT 2 (006755) specifies that if a professional or employee reports a service recipient who threatens serious bodily harm or death as described in the above summary, then no monetary liability and no cause of action may arise against a professional, employee, or service provider for the professional or employee not providing protection from the violent behavior of the service recipient. |
| Fiscal Note |
(Dated: March 4 2013) Not Significant.
|
| Senate Status |
04/11/2013 - Set for Senate Message Calendar 04/15/13. |
| House Status |
04/11/2013 - House passed with amendments 1 & 2. AMENDMENT 1 (006279) makes the following changes: (1) Generally, present law requires that certain information regarding a person who is judicially committed or adjudicated as a mental defective, be collected and reported to the FBI-NICS Index and the department of safety. This amendment requires that the clerks of those courts unable to make such direct reports to the FBI-NICS index, provide sufficient information to the AOC who must make such reports on behalf of those clerks as soon as practicable, but no later than the third business day following the date of receipt; (2) This amendment requires the AOC to make available, upon request, to the TBI all information the AOC receives from the various courts regarding compliance with the present law reporting requirements described above in (1); and (3) Under the bill, if a service recipient is reported to local law enforcement for making a threat of bodily harm or death, as described in the above summary, then the local law enforcement must immediately report the service recipient to the FBI-NICS Index and the department of safety for the purposes of complying with the NICS Improvement Amendments Act of 2007. This amendment revises the requirements of local law enforcement who receive such a service recipient to instead require that local law enforcement take appropriate action based upon the information reported. AMENDMENT 2 (006755) specifies that if a professional or employee reports a service recipient who threatens serious bodily harm or death as described in the above summary, then no monetary liability and no cause of action may arise against a professional, employee, or service provider for the professional or employee not providing protection from the violent behavior of the service recipient. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 4; Title 8; Title 16; Title 29; Title 33; Title 38; Title 39; Title 40; Title 49; Title 54; Title 55 and Title 65, relative to firearm ownership by mental health patients. |
SB804 / HB937 Prohibits Medicaid expansion under new federal health care law.
| Category |
Health Care |
| Sponsors |
Sen. Brian K. Kelsey / Rep. Jeremy Durham |
| Description |
Prohibits 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. |
| Amendment |
Senate Commerce & Labor Committee amendment 1 (005948) rewrites the bill. Prohibits the Governor from making any decision or obligating the state 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, as interpreted by the United States Supreme Court, to be unconstitutional when applied to states as a mandatory expansion, unless authorized by the General Assembly. |
| Fiscal Note |
(Dated: February 26 2013) Forgone State Revenue - $418,207,600/TennCare/FY13-14 - $1,000,100,900/TennCare/FY14-15.
|
| Senate Status |
04/15/2013 - Set for Senate Finance Continued 04/16/13. |
| House Status |
03/27/2013 - House Insurance & Banking Subcommittee deferred 01/01/14. |
| Caption |
AN 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".
| Category |
Health Care |
| Sponsors |
Sen. Lowe Finney / Rep. Sherry Jones |
| Description |
Includes "medical directive" as an alternative term for "advance directive". |
| Fiscal Note |
(Dated: March 3 2013) Not Significant.
|
| Senate Status |
02/08/2013 - Referred to Senate Judiciary. |
| House Status |
02/06/2013 - Referred to House Civil Justice Subcommittee. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 33; Title 34; Title 63 and Title 68, relative to decision-making related to health care. |
SB884 / HB1073 Surrogates can seek mental health treatment.
| Category |
Health Care |
| Sponsors |
Sen. Joey Hensley / Rep. Barrett Rich |
| Description |
Authorizes surrogates under the Tennessee Health Care Decisions Act to apply for voluntary admission to a public or private hospital for diagnosis, observation, and treatment of a mental illness or serious emotional disturbance. Establishes that no person may be admitted by a surrogate for more than 21 consecutive days unless a petition has been filed or unless the individual meets certain criteria. Authorizes surrogates to apply for release by filing a written application with the chief officer and to allow the release of confidential information. |
| Amendment |
House amendment 1 (004236) replaces "person" with "individual" wherever it appears. Adds an individual acting as an agent under the Tennessee Health Care Decisions Act, or an individual designated under TCA 68-11-1806(a) to the list of people who may apply for voluntary admission. Replaces a person's surrogate with an individual acting as an agent under the Tennessee Health Care Decisions Act, or an designated under TCA 68-11-1806(a) when requesting a release from inpatient services or a disclosure of confidential information. |
| Fiscal Note |
(Dated: February 18 2013) Not Significant.
|
| Senate Status |
04/10/2013 - Senate passed. |
| House Status |
04/08/2013 - House passed with amendment 1 (004236), which replaces "person" with "individual" wherever it appears. Adds an individual acting as an agent under the Tennessee Health Care Decisions Act, or an individual designated under TCA 68-11-1806(a) to the list of people who may apply for voluntary admission. Replaces a person's surrogate with an individual acting as an agent under the Tennessee Health Care Decisions Act, or an designated under TCA 68-11-1806(a) when requesting a release from inpatient services or a disclosure of confidential information. |
| Executive Status |
04/11/2013 - Sent to governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 33 and Title 68, relative to voluntary admission to inpatient treatment. |
SB985 / HB530 Prescription required for any immediate methamphetamine precursor.
| Category |
Health Care |
| Sponsors |
Sen. Randy McNally / Rep. Dennis Powers |
| Description |
Requires 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 Status |
02/08/2013 - Referred to Senate Judiciary. |
| House Status |
03/14/2013 - Withdrawn in House. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 17, Part 4, relative to immediate methamphetamine precursor. |
SB997 / HB343 Decisions and reporting concerning hospitals.
| Category |
Health Care |
| Sponsors |
Sen. Randy McNally / Rep. Michael Harrison |
| Description |
Establishes 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 Status |
02/08/2013 - Referred to Senate Judiciary. |
| House Status |
02/05/2013 - Referred to House Health Subcommittee. |
| Caption |
AN 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.
| Category |
Health Care |
| Sponsors |
Sen. Mark Green / Rep. Curtis G. Johnson |
| Description |
Requires 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 Status |
03/06/2013 - Senate Health & Welfare Committee deferred to 03/13/2013. |
| House Status |
02/21/2013 - Referred to House Criminal Justice Subcommittee. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 53 and Title 63, relative to standards for security in pharmacies. |
SB1294 / HB1092 Durable power of attorney for health care.
| Category |
Health Care |
| Sponsors |
Sen. Bo Watson / Rep. Susan M. Lynn |
| Description |
Prohibits certain employees or operators of treating health care institutions from being designated as the attorney in fact to make health care decisions under a durable power of attorney for health care. |
| Fiscal Note |
(Dated: March 10 2013) Not Significant.
|
| Senate Status |
04/01/2013 - Senate passed. |
| House Status |
04/04/2013 - House passed. |
| Executive Status |
04/11/2013 - Sent to governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 34, Chapter 6, relative to power of attorney. |
Insurance Automobiles - 2
SB709 / HB568 Proof of financial responsibility by electronic certificate.
| Category |
Insurance Automobiles |
| Sponsors |
Sen. Mark S. Norris / Rep. Debra Moody |
| Description |
Allows 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 Status |
02/08/2013 - Referred to Senate Transportation & Safety Committee. |
| House Status |
02/06/2013 - Referred to House Insurance & Banking Subcommittee. |
| Caption |
AN 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.
| Category |
Insurance Automobiles |
| Sponsors |
Sen. Mike Bell / Rep. Kevin Brooks |
| Description |
Allows 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 Status |
02/08/2013 - Referred to Senate Commerce & Labor Committee. |
| House Status |
02/13/2013 - Referred to House General Subcommittee of Transportation. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 55 and Title 56, relative to financial responsibility. |
Insurance General - 4
SB141 / HB69 Changes to the TN Captive Insurance Act.
| Category |
Insurance General |
| Sponsors |
Sen. Doug Overbey / Rep. Joe Carr |
| Description |
Makes several changes to the Revised Tennessee Captive Insurance Act by reclassifying protected cell companies to protected cell captive insurance companies. Decreases the required amount of unimpaired paid-in capital and surplus licensure from $500,000 to $250,000 if it is a protected cell captive insurance company. Creates two distinct formulas for calculating taxation amounts for a captive insurance company and for a protected cell captive insurance company. Captive insurance company with more than 10 cells will be required to pay an annual minimum aggregate tax of $5,000 and the annual maximum aggregate tax shall be $100,000. Protected cell captive insurance company with more than 10 cells, pay an annual minimum aggregate tax of $10,000 and an annual maximum aggregate tax that shall be the lesser of $100,000 plus $5,000 multiplied by the number of cells over 10 or $200,000. Replaces "protected cell companies" as a requirement for forming a protective cell captive insurance company and instead substitutes the word "sponsors". Expands the definition of "participant" to include "a person". Removes and replaces "protected cell company" with "protected cell captive insurance company" in part definitions. Allows a protected cell captive insurance company to establish and maintain one or more incorporated or unincorporated protected cells without a protected cell company. Protected cell company licensure formation requirements become requirements for a protected cell captive insurance company. Establishes protected cell captive insurance companies do not have to be with a protected cell company in order to convert protected solvent cells of an insolvent protected cell captive insurance company. Allows for sponsors to participate in a protected cell captive insurance company. |
| Amendment |
Senate amendment 1 (002895) clarifies that this bill will set the annual minimum aggregate tax for a protected cell captive insurance company with more than 10 cells at $10,000, and the annual maximum aggregate tax will be the lesser of: (1) $100,000 plus $5,000 multiplied by the number of cells over 10; or (2) $200,000. |
| Fiscal Note |
(Dated: February 5 2013) Increase State Revenue - $136,900/FY13-14 - $318,400/FY14-15 - Exceeds $318,400/FY15-16 and Subsequent Years - - Increase State Expenditures - $3,200/One-Time - $116,300/Recurring.
|
| Senate Status |
02/25/2013 - Senate passed with amendment 1. |
| House Status |
03/18/2013 - House passed. |
| Executive Status |
04/12/2013 - Signed by governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 56, Chapter 13, relative to captive insurance. |
| Category |
Insurance General |
| Sponsors |
Sen. Mark S. Norris / Rep. Gerald McCormick |
| Description |
Revises certain present law provisions governing financial valuations and examinations of insurance companies and enacts the most current version of the Standard Valuation Law. According to NAIC: Currently, insurance reserves are calculated using static formulas. The Standard Valuation Law replaces static formulas with a principles-based approach, using risk analysis techniques such as modeling and simulation. According to the American Academy of Actuaries Web site: (1) Revisions to the NAIC Standard Valuation Law were completed in 2009; (2) Standard Valuation Law and Valuation Manual packages were sent to states after NAIC adopted the revisions; (3) The earliest effective date of the Valuation Manual appears to be January 1, 2015; and (4) For the Valuation Manual to be operative at least 42 state legislatures must adopt it in 2013 and 2014. (44 pp.) (Part of Administration Package) |
| Amendment |
Senate amendment 1 (005379) makes the bill. Makes several technical corrections. Enacts the "Standard Valuation Law". Uses guidelines provided by the National Association of Insurance Commissioners for conducting principle-based valuations of life insurance contracts, accident and health insurance contracts, and deposit type contracts. |
| Fiscal Note |
(Dated: March 5 2013) Not Significant.
|
| Senate Status |
04/04/2013 - Senate passed with amendment 1 (005379), which makes the bill. Makes several technical corrections. Enacts the "Standard Valuation Law". Uses guidelines provided by the National Association of Insurance Commissioners for conducting principle-based valuations of life insurance contracts, accident and health insurance contracts, and deposit type contracts. |
| House Status |
04/10/2013 - House passed. |
| Executive Status |
04/10/2013 - Sent to the speakers for signatures. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 56, Chapter 1 and Title 56, Chapter 7, relative to requirements for Principle-Based Valuation. |
SB1277 / HB1330 Preferences based upon membership, nonmembership, or employment.
| Category |
Insurance General |
| Sponsors |
Sen. Mark S. Norris / Rep. John J. Deberry Jr. |
| Description |
Allows 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 Status |
02/15/2013 - Withdrawn in Senate. |
| House Status |
02/27/2013 - Referred to House Insurance & Banking Subcommittee. |
| Caption |
AN 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.
| Category |
Insurance General |
| Sponsors |
Sen. Mark S. Norris / Rep. Richard Floyd |
| Description |
Allows 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 Status |
03/19/2013 - Taken off notice in Senate Commerce & Labor Committee. |
| House Status |
02/27/2013 - Referred to House Insurance & Banking Subcommittee. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 56-5-315 and Title 56, Chapter 8, relative to unfair trade practices in the business of insurance. |
Insurance Health - 4
SB666 / HB476 Insurance companies - prohibited actions.
| Category |
Insurance Health |
| Sponsors |
Sen. Dolores R. Gresham / Rep. Vance Dennis |
| Description |
Prohibits 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. |
| Amendment |
HOUSE 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 Status |
03/27/2013 - Failed in Senate Commerce & Labor Committee, 1 aye, 2 noes, 4 passes, after adopting amendment 1 (005795). |
| House Status |
04/02/2013 - House Insurance & Banking Committee deferred 01/01/14. |
| Caption |
AN 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.
| Category |
Insurance Health |
| Sponsors |
Sen. James F. Kyle Jr. / Rep. Craig Fitzhugh |
| Description |
Assigns 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 Status |
04/15/2013 - Set for Senate Finance Continued 04/16/13. |
| House Status |
03/13/2013 - House Finance Subcommittee deferred to Appropriations Calendar. |
| Caption |
AN 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. |
SB1145 / HB881 Regulates navigators for exchanges under the Affordable Care Act.
| Category |
Insurance Health |
| Sponsors |
Sen. Mark Green / Rep. Joe Pitts |
| Description |
Provides that federal navigator programs for the health exchange be licensed as an insurance producer in this state to carry out duties. Requires the commissioner to develop a certification and training program for prospective navigators that will include continuing education requirements and an examination. Requires the commissioner to adopt rules that will require the navigator to carry error insurance. Establishes that an individual may not act in the capacity of a navigator unless they are at least 18 years of age, submit a disclosure form, complete a background check, successfully complete the certification and training requirements adopted by the commissioner, and have not committed an act that would lead to a denial, suspension or revocation of their producer license. |
| Amendment |
House Insurance & Banking Committee amendment 1, Senate amendment 1 (004788) rewrites the bill. Prohibits a navigator from selling, soliciting, or negotiating any policy of insurance. Allows the commissioner to issue a cease and desist order to a navigator for violating state or federal law pertaining to an exchange and seek injunctive relief against a navigator acting in violation of state or federal law pertaining to an exchange. |
| Fiscal Note |
(Dated: February 25 2013) Increase State Revenue - $84,000/FY13-14 - $138,000/FY14-15 - $78,000/FY15-16 and Every Two Years Thereafter - $72,000/FY16-17 and Every Two Years Thereafter - Increase State Expenditures - $64,800/FY14-15 - $61,600/FY15-16 and Subsequent Years - Other Fiscal Impact - The estimated impact, as shown above, assumes the U.S. Department of Health and Human Services (HHS) will finalize guidance on the roles of navigators by July 1, 2013. If HHS does not complete such guidance, it will inhibit the Department of Commerce and Insurance from promulgating rules and regulations necessary to effectuate certification and licensing of navigators.
|
| Senate Status |
04/08/2013 - Senate passed with amendment 1. |
| House Status |
04/15/2013 - Set for House floor 04/16/2013. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 56, Chapter 6, relative to the regulation of navigators in the implementation of the Patient Protection and Affordable Care Act regarding health insurance exchanges. |
SB1292 / HB1121 Patient Choice and Protection Act of 2013.
| Category |
Insurance Health |
| Sponsors |
Sen. Jim Tracy / Rep. Rick Womick |
| Description |
Requires the state of Tennessee and the Bureau of TennCare to accept, in any publicly funded state health insurance programs, all qualified suppliers of durable medical equipment and related services who are willing to accept the published price to provide DME equipment and services. With regard to such contracts: requires 120-day notice for termination of contract; requires clean claims be paid within 60 days; specifies that no company that manages such contracts shall have financial interest in the contracted supplier. |
| Amendment |
HOUSE INSURANCE & BANKING COMMITTEE AMENDMENT 1, COUNCIL ON PENSIONS & INSURANCE COMMITTEE AMENDMENT 1 (003610) rewrites the bill. Establishes that the department of health shall follow the requirements of 42 U.S.C section 1395 mm, together with any federal regulations with respect to HMOs. Requires that each contract entered into by the bureau of TennCare with health maintenance organization shall include a small business participation plan to be implemented by the health maintenance organization. Defines "small business" as having 50 or fewer employees and "small business participation plan" as a business plan that aims to maximize small business participation by actively soliciting and entering contracts with small businesses to provide equipment and services to TennCare recipients. Requires each HMO to report on small business contracts to the Fiscal Review Committee each time the contract is reviewed by the committee. HOUSE INSURANCE & BANKING COMMITTEE AMENDMENT 3, SENATE COMMERCE & LABOR COMMITTEE AMENDMENT 1 (005953) rewrites the bill. Defines durable medical equipment (DME). Requires certain managed care organizations that contract with the TennCare to subcontract with at least 25 DME companies in each of the state's grand divisions. Details solicitation process for such contracting. HOUSE FINANCE AMENDMENT 1 (006820) deletes all language after the enacting clause. Prohibits the Commissioner of Commerce and Insurance from disallowing an agreement between a health maintenance organization (HMO) and any physician-hospital organization, or any other provider, provider group, or provider network, for the provision of health care services on a prepayment basis or other risk sharing basis on the basis that it transfers risk to the physician-hospital organization, or other provider, provider group, or provider network or transfers risk of payment for services to the physician-hospital organization, or other provider, provider group, or provider network if the HMO remains contractually responsible to its enrollees; enters into contractual arrangements that ensure compliance with applicable federal law, rule, regulation or waivers, including federal requirements; and assures the physician-hospital organization, or other provider, provider groups, or provider networks that are at substantial financial risk obtain either aggregate or per-patient stop-loss protection insurance coverage for the healthcare services included in the scope of the arrangement or the HMO remains contractually responsible to the subcontracted providers and provides a system for reserving for its continued liability. Provider aggregate or per-patient stop-loss protection insurance coverage as authorized by the bill is added to the definition of accident and health insurance for purposes of defining kinds of insurance. The provisions contained in the bill will terminate on December 31, 2016. |
| Fiscal Note |
(Dated: March 10 2013) Increase State Expenditures - Exceeds $7,737,500 - Increase Federal Expenditures - $13,873,900 - Increase Local Expenditures - Exceeds $25,400.
|
| Senate Status |
04/15/2013 - Set for Senate Finance Continued 04/16/13. |
| House Status |
04/15/2013 - Set for House floor 04/16/2013. |
| Executive Status |
03/18/2013 - Council on Pensions & Insurance approved with amendment 1 (003610), which removes certain state plans from the bill. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 4; Title 8; Title 56; Title 68 and Title 71, relative to suppliers of equipment and services to certain health care coverage programs. |
Judiciary - 61
SB13 / HB1057 Subpoena for deposition of a witness.
| Category |
Judiciary |
| Sponsors |
Sen. Brian K. Kelsey / Rep. Jeremy Durham |
| Description |
Clarifies 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 Status |
01/23/2013 - Referred to Senate Judiciary. |
| House Status |
03/26/2013 - Taken off notice in House Civil Justice Subcommittee. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 20 and Title 24, relative to depositions. |
SB201 / HB195 County reimbursement - general sessions judge appointments.
| Category |
Judiciary |
| Sponsors |
Sen. Mark S. Norris / Rep. Gerald McCormick |
| Description |
Requires 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 Status |
01/31/2013 - Referred to Senate Judiciary. |
| House Status |
03/26/2013 - Taken off notice in House Civil Justice Subcommittee. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 4; Title 16 and Title 17, relative to judges. |
SB214 / HB363 Background investigations for judicial appointment.
| Category |
Judiciary |
| Sponsors |
Sen. Doug Overbey / Rep. Andrew Farmer |
| Description |
Requires 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 Status |
04/09/2013 - Taken off notice in Senate Judiciary Committee. |
| House Status |
03/28/2013 - Held on House clerk's desk. |
| Caption |
AN 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.
| Category |
Judiciary |
| Sponsors |
Sen. Doug Overbey / Rep. Andrew Farmer |
| Description |
Extends the judicial nominating commission. |
| Amendment |
Senate Government Operations Committee amendment 1 (006861) makes technical corrections. |
| Fiscal Note |
(Dated: February 10 2013) Not Significant.
|
| Senate Status |
04/10/2013 - Senate Government Operations Committee recommended with amendment. Sent to Senate Calendar Committee. |
| House Status |
02/21/2013 - Referred to House Government Operations. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 4, Chapter 29 and Title 17, Chapter 4, relative to the judicial nominating commission. |
SB216 / HB695 Extends the judicial performance evaluation commission.
| Category |
Judiciary |
| Sponsors |
Sen. Doug Overbey / Rep. Andrew Farmer |
| Description |
Extends the judicial performance evaluation commission. |
| Amendment |
Senate Government Operations Committee 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 Government Operations Committee 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 Status |
04/10/2013 - Senate Government Operations Committee recommended with amendment 1 (006742) and amendment 2 (006780). Sent to Senate Calendar Committee. |
| House Status |
04/15/2013 - Set for House floor 04/16/2013. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 4, Chapter 29 and Title 17, Chapter 4, relative to the judicial performance evaluation commission. |
SB222 / HB126 Punitive damage awards based on vicarious liability.
| Category |
Judiciary |
| Sponsors |
Sen. Brian K. Kelsey / Rep. Rick Womick |
| Description |
Authorizes the award of punitive damages in a civil action against a defendant based on vicarious liability when the act was committed by a person employed in a management capacity while acting within the scope of employment, the defendant was reckless in hiring or supervising the employee and that recklessness was the proximate cause of the act that caused injury, or the defendant authorized or approved the act with knowledge that the act may result in loss or injury. |
| Amendment |
SENATE AMENDMENT 1 (003064) replaces "subdivision" in Section 1(g)(2) of the bill with "subsection." SENATE AMENDMENT 2 (004090) adds the language "one or more of the following has occurred:" between the language "clear and convincing evidence that" and the colon ":" in subdivision (g)(1) of the amendatory language of Section 1. HOUSE AMENDMENT 1 (004651) revises the provision described above in the bill summary to specify that, in regard to circumstances warranting the award of punitive damages, that the defendant authorized, ratified or approved the act or omission with knowledge or conscious "or reckless" disregard that the act or omission may result in the loss or injury. |
| Fiscal Note |
(Dated: February 12 2013) Not Significant.
|
| Senate Status |
04/01/2013 - Senate concurred in House amendment 1. |
| House Status |
03/28/2013 - House passed with amendment 1 (004651), which revises the provision described above in the bill summary to specify that, in regard to circumstances warranting the award of punitive damages, that the defendant authorized, ratified or approved the act or omission with knowledge or conscious "or reckless" disregard that the act or omission may result in the loss or injury. |
| Executive Status |
04/08/2013 - Sent to governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 29-39-104, relative to punitive damage awards based on vicarious liability. |
SB225 / HB279 Board of Judicial Conduct - district attorney complaints.
| Category |
Judiciary |
| Sponsors |
Sen. Mae Beavers / Rep. Rick Womick |
| Description |
Requires 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 Status |
03/12/2013 - Senate Judiciary Committee deferred to 03/19/13. |
| House Status |
03/27/2013 - Taken off notice in House Civil Justice Subcommittee. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 8; Title 17 and Title 23, relative to district attorneys general. |
| Category |
Judiciary |
| Sponsors |
Sen. Brian K. Kelsey / Rep. Karen D. Camper |
| Description |
Allows 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 Status |
03/26/2013 - Senate Judiciary Committee deferred to the first calendar of next year. |
| House Status |
03/26/2013 - House Criminal Justice Subcommittee deferred 01/01/14. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 40, Chapter 29, relative to the restoration of citizenship. |
SB294 / HB234 Criminal injury compensation award of a minor.
| Category |
Judiciary |
| Sponsors |
Sen. Bo Watson / Rep. Mike Carter |
| Description |
Allows the juvenile court clerk to withhold trust funds from a criminal injury compensation award for the minor for the purpose of paying court costs, fines, fees, or restitutions, resulting from such minor's pending actions in juvenile court. Allows the minor upon attaining eighteen years of age to terminate the trust by submitting a written request to the clerk and requires the clerk to deliver all funds and interest income remaining in the trust less any outstanding fees resulting from the minor's actions pending in juvenile court. |
| Fiscal Note |
(Dated: February 13 2013) Increase Local Revenue - Exceeds $28,100/Permissive.
|
| Senate Status |
04/11/2013 - Set for Senate Floor 04/16/13. |
| House Status |
04/04/2013 - House passed. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 29, Chapter 13, relative to criminal injuries compensation. |
SB406 / HB280 Requires election of judges.
| Category |
Judiciary |
| Sponsors |
Sen. Mae Beavers / Rep. Rick Womick |
| Description |
Requires 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 Status |
04/09/2013 - Taken off notice in Senate Judiciary Committee. |
| House Status |
02/05/2013 - Referred to House Civil Justice Subcommittee. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 17, relative to judges and chancellors. |
SB443 / HB206 Changes regarding court reporting entities.
| Category |
Judiciary |
| Sponsors |
Sen. Doug Overbey / Rep. Eric Watson |
| Description |
Prohibits 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 Status |
02/19/2013 - Senate Judiciary recommended. Sent to Calendar Committee. |
| House Status |
04/03/2013 - House Civil Justice Committee deferred to 01/01/14. |
| Caption |
AN 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.
| Category |
Judiciary |
| Sponsors |
Sen. Doug Overbey / Rep. Ron Travis |
| Description |
Changes the date from "September 1" to "October 1" in determining compensation for general session judges. |
| Fiscal Note |
(Dated: January 23 2013) Not Significant.
|
| Senate Status |
02/05/2013 - Referred to Senate Judiciary. |
| House Status |
02/05/2013 - Referred to House Civil Justice Subcommittee. |
| Caption |
AN 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.
| Category |
Judiciary |
| Sponsors |
Sen. Mark Green / Rep. Joshua G. Evans |
| Description |
Requires 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 Status |
02/05/2013 - Referred to Senate Judiciary. |
| House Status |
03/13/2013 - Taken off notice in House Civil Justice Committee. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 2, Chapter 16; Title 3, Chapter 1 and Title 16, Chapter 2, relative to judges. |
SB498 / HB232 Integrated criminal justice steering committee information.
| Category |
Judiciary |
| Sponsors |
Sen. Todd Gardenhire / Rep. Mike Carter |
| Description |
Allows the integrated criminal justice steering committee to share certain criminal justice and juvenile justice information with various governmental entities, instead of governmental entities of the state. |
| Fiscal Note |
(Dated: February 8 2013) Not Significant.
|
| Senate Status |
03/25/2013 - Senate passed. |
| House Status |
03/11/2013 - House passed. |
| Executive Status |
04/08/2013 - Signed by governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 16, Chapter 3, Part 8, relative to the integrated criminal justice steering committee. |
SB555 / HB692 Provisions to court appointed guardians and conservators.
| Category |
Judiciary |
| Sponsors |
Sen. Doug Overbey / Rep. Andrew Farmer |
| Description |
Revises various provisions relative to court appointed guardians and conservators to care for persons with disability. |
| Amendment |
SENATE AMENDMENT 1, HOUSE CIVIL JUSTICE COMMITTEE AMENDMENT 1 (004915) specifies that the bill does not supersede the Adult Protection Act or the orders of a court pursuant to such act. Includes an institution where a respondent is living in the notice requirement for appointment of a fiduciary. Any person, institution, or residential provider having care or custody of the respondent is included in the notice requirement imposed on the guardian ad litem relative to appointment of a conservator. Specifies that a guardian ad litem may be appointed by a court in any proceeding and that a guardian ad litem must be appointed on the filing of a petition for appointment of a fiduciary unless the respondent is represented by counsel who has made an appearance on behalf of the respondent. If the respondent is represented by counsel, then the court may, depending on the best interests of the respondent, choose to continue the services of the guardian ad litem or waive appointment or terminate the services of the guardian ad litem. Specifies that mental health law means court ordered involuntary commitment for care and treatment pursuant to Title 33. Specifically identifies the provisions that are amended by changing the language "disabled person" to "person with a disability". Changes "must" to "shall" and corrects a typographical error in Section 24 of the bill. Adds a district public guardian as described by Tenn. Code Ann. § 34-7-104 to the list of persons the court should consider for appointment as a conservator in current law. Adds to current law that the court is required to explain in the court's order naming the conservator the reasoning for appointing a person other than the specific persons listed. SENATE AMENDMENT 2, HOUSE CIVIL JUSTICE COMMITTEE AMENDMENT 2 (005172) specifies that the closest relative or relatives of a respondent for purposes of serving the notice of a hearing on a petition for appointment of a fiduciary are as such persons are described in interstate succession law. |
| Fiscal Note |
(Dated: February 19 2013) Not Significant.
|
| Senate Status |
03/25/2013 - Senate passed with amendments 1 and 2. |
| House Status |
04/11/2013 - House deferred to 04/17/2013. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 34 and Title 40 relative to a person appointed by a court to exercise duties for another person. |
SB569 / HB1072 State Litigator Act of 2013.
| Category |
Judiciary |
| Sponsors |
Sen. Stacey Campfield / Rep. Barrett Rich |
| Description |
Creates 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 Status |
02/05/2013 - Referred to Senate Government Operations. |
| House Status |
03/13/2013 - Failed in House Civil Justice Subcommittee. |
| Caption |
AN 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.
| Category |
Judiciary |
| Sponsors |
Sen. Jack Johnson / Rep. Glen Casada |
| Description |
Removes 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 Status |
02/08/2013 - Referred to Senate Judiciary. |
| House Status |
03/05/2013 - House Criminal Justice Subcommittee deferred to 03/19/13. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 40, Chapter 7, Part 1, relative to strip searches. |
SB680 / HB931 Additional public defenders.
| Category |
Judiciary |
| Sponsors |
Sen. Mae Beavers / Rep. Karen D. Camper |
| Description |
Creates 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. |
| Amendment |
Senate 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 Status |
04/15/2013 - Set for Senate Finance Continued 04/16/13. |
| House Status |
04/15/2013 - House General Subcommittee of Finance placed behind the budget. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 8, Chapter 14, Part 2, relative to relative to assistant public defender positions. |
SB736 / HB1023 Makes revisions regarding bail bonds.
| Category |
Judiciary |
| Sponsors |
Sen. Todd Gardenhire / Rep. Vince Dean |
| Description |
Requires surety on bond to remain liable, where the disposition is a conviction or plea of guilty, until the court render's the defendant's sentence. Authorizes the sheriff or constable to collect ten dollars, instead of five dollars, for every bail bond upon disposition of the case. Prohibits the enforcement of forfeiture of bail until thirty days after its entry. |
| Amendment |
House Criminal Justice Committee amendment 1, Senate Judiciary Committee amendment 1 (006292) deletes the original bill's provision stating that if, after the date of posting bond, there has not been a disposition of the case within two years in the case of felonies and one year in the case of misdemeanors, then the surety will be relieved, and stating that no surety will be relieved of an existing order of forfeiture based solely upon this provision. |
| Fiscal Note |
(Dated: March 11 2013) Increase Local Revenue - Exceeds $10,000.
|
| Senate Status |
04/11/2013 - Set for Senate Floor 04/16/13. |
| House Status |
04/15/2013 - Set for House floor 04/16/2013. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 8-21-901 and Title 40, Chapter 11, Part 1, relative to bonds. |
SB779 / HB635 Attorney discipline - ex parte and confidential communications.
| Category |
Judiciary |
| Sponsors |
Sen. Brian K. Kelsey / Rep. Jon Lundberg |
| Description |
Creates 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. |
| Amendment |
House 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 Status |
04/09/2013 - Taken off notice in Senate Judiciary Committee. |
| House Status |
04/03/2013 - House Civil Justice Committee deferred to summer study. |
| Caption |
AN 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.
| Category |
Judiciary |
| Sponsors |
Sen. Mark S. Norris / Rep. Jon Lundberg |
| Description |
Requires 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. |
| Amendment |
Senate Judiciary Committee, House Civil Justice Committee 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 Status |
04/11/2013 - Set for Senate Floor 04/16/13. |
| House Status |
04/09/2013 - House Finance Subcommittee deferred to last calendar. |
| Caption |
AN 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.
| Category |
Judiciary |
| Sponsors |
Sen. Janice Bowling / Rep. Judd Matheny |
| Description |
Requires 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 Status |
04/09/2013 - Taken off notice in Senate Judiciary Committee. |
| House Status |
03/27/2013 - House Civil Justice Subcommittee deferred to the first calendar of 2014. |
| Caption |
AN 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.
| Category |
Judiciary |
| Sponsors |
Sen. Rusty Crowe / Rep. Kent Williams |
| Description |
Increases 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 Status |
02/08/2013 - Referred to Senate Judiciary. |
| House Status |
02/05/2013 - Referred to House Civil Justice Subcommittee. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 28-3-104, relative to certain limitation of actions. |
SB899 / HB714 Clothing requirements for bounty hunters.
| Category |
Judiciary |
| Sponsors |
Sen. Stacey Campfield / Rep. Steve Hall |
| Description |
Prohibits bounty hunters from wearing any uniform, emblem, or article of clothing that purports to indicate that such a 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 Status |
04/09/2013 - Taken off notice in Senate Judiciary Committee. |
| House Status |
03/26/2013 - Failed in House State Government Subcommittee. |
| Caption |
AN 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.
| Category |
Judiciary |
| Sponsors |
Sen. Ken Yager / Rep. Ron Travis |
| Description |
Deletes 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 Status |
02/08/2013 - Referred to Senate Judiciary. |
| House Status |
03/26/2013 - Taken off notice in House Civil Justice Subcommittee. |
| Caption |
AN 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.
| Category |
Judiciary |
| Sponsors |
Sen. Randy McNally / Rep. Jimmy Matlock |
| Description |
Requires 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.) |
| Amendment |
House 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 Status |
04/09/2013 - Taken off notice in Senate Judiciary Committee. |
| House Status |
04/09/2013 - House Local Government Committee recommended with amendment 1 (003747). Sent to House Finance. |
| Caption |
AN 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.
| Category |
Judiciary |
| Sponsors |
Sen. Randy McNally |
| Description |
Requires 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 Status |
02/25/2013 - Withdrawn in Senate. |
| House Status |
None |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 8, Chapter 14; Title 16; Title 37; Title 40, Chapter 14 and Title 67, Chapter 4, Part 17, relative to legal representation of certain indigent defendants. |
SB974 / HB417 Creates additional 31 assistant director attorney general positions.
| Category |
Judiciary |
| Sponsors |
Sen. Randy McNally / Rep. Gerald McCormick |
| Description |
Creates an additional thirty-one assistant director attorney general positions to be designated in judicial districts and effective October 1, 2013. |
| Amendment |
Senate 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 Status |
04/09/2013 - Senate Judiciary Committee recommended with amendment 1 (006309). Sent to Senate Finance. |
| House Status |
04/09/2013 - House General Subcommittee of Finance placed behind the budget. |
| Caption |
AN 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.
| Category |
Judiciary |
| Sponsors |
Sen. Doug Overbey / Rep. Bob Ramsey |
| Description |
Allows 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 Status |
02/08/2013 - Referred to Senate Judiciary. |
| House Status |
02/05/2013 - Referred to House Civil Justice Subcommittee. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 8, Chapter 21, Part 4, relative to clerks of court. |
SB1040 / HB256 Court to include in order of abatement costs for services.
| Category |
Judiciary |
| Sponsors |
Sen. Brian K. Kelsey / Rep. G.A. Hardaway |
| Description |
Authorizes the court in the order of abatement to assess costs of public services required to abate or manage the nuisance, including law enforcement costs and the costs of remedying environmental conditions caused by the public nuisance. Requires the governmental entity to submit an estimate of such costs to the court. |
| Amendment |
House Civil Justice Committee, Senate Judiciary Committee amendment 1 (005382) rewrites the bill. Authorizes the court to assess costs of public services required to abate or manage the nuisance, including law enforcement costs, in the event the governmental entity submits evidence of such costs to the court. |
| Fiscal Note |
(Dated: February 19 2013) Increase Local Revenue - Exceeds $1,000.
|
| Senate Status |
04/15/2013 - Set for Senate Floor 04/17/13. |
| House Status |
04/15/2013 - House Finance Subcommittee recommended. Sent to House Finance Committee. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 29, Chapter 3, relative to abatement of nuisances. |
SB1041 / HB1040 Criminal investigator positions in each judicial district.
| Category |
Judiciary |
| Sponsors |
Sen. Brian K. Kelsey / Rep. Eric Watson |
| Description |
Sets the number of criminal investigators of each judicial district that the district attorney general is entitled to as the minimum number already set by statute. Clarifies that each district may employ additional investigators. Increases criminal investigators' prior service credits that may be certified. |
| Amendment |
House amendment 1 (003925) authorizes all judicial districts, not just a select few, to appoint criminal investigators. Gives criminal investigators appointed in judicial districts which have a metropolitan form of government the same powers as the metropolitan government's police force. |
| Fiscal Note |
(Dated: February 17 2013) Not Significant.
|
| Senate Status |
03/18/2013 - Senate passed. |
| House Status |
03/14/2013 - House passed with amendment 1. |
| Executive Status |
04/09/2013 - Enacted as Public Chapter 0068 effective July 1, 2013. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 8 and Title 16, relative to criminal investigators. |
SB1050 / HB418 Operating an electronic court filing system.
| Category |
Judiciary |
| Sponsors |
Sen. Brian K. Kelsey / Rep. Vance Dennis |
| Description |
Requires 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 Status |
03/19/2013 - Taken off notice in Senate Judiciary Committee. |
| House Status |
03/26/2013 - Taken off notice in House Civil Justice Subcommittee. |
| Caption |
AN 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. |
SB1053 / HB1244 Future damages - trier of fact must specify amounts.
| Category |
Judiciary |
| Sponsors |
Sen. Brian K. Kelsey / Rep. Barry Doss |
| Description |
Eliminates requirement that the trier of fact must specify, on an annual basis, the amount of future damages and the periods over which such future damages will accrue. |
| Fiscal Note |
(Dated: February 8 2013) Not Significant.
|
| Senate Status |
02/21/2013 - Senate passed. |
| House Status |
04/03/2013 - House Civil Justice Committee recommended. Sent to House Calendar & Rules. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 29-39-103, relative to determination of future damages by the trier of fact. |
SB1056 / HB1124 Penalties for a judge or chancellor who fails to open court.
| Category |
Judiciary |
| Sponsors |
Sen. Brian K. Kelsey / Rep. Richard Floyd |
| Description |
Increase 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 Status |
02/08/2013 - Referred to Senate Judiciary. |
| House Status |
03/20/2013 - Failed in House Civil Justice Subcommittee for lack of second motion. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 16 and Title 17, relative to judges. |
SB1057 / HB1226 Electronic formats allowed for certifications from judges to governor.
| Category |
Judiciary |
| Sponsors |
Sen. Brian K. Kelsey / Rep. Vance Dennis |
| Description |
Allows certifications from judges to the governor of all cases upon the docket in which any judge is incompetent to sit to be presented in an electronic format, if the governor so approves. |
| Amendment |
Senate amendment 1 (005618) requires all courts that implement an electronic court filing system to use a system specified by the Administrative Office of the Courts. |
| Fiscal Note |
(Dated: March 10 2013) Not Significant.
|
| Senate Status |
04/10/2013 - Senate passed with amendment 1 (005618), which requires all courts that implement an electronic court filing system to use a system specified by the Administrative Office of the Courts. |
| House Status |
04/11/2013 - House passed. |
| Executive Status |
04/11/2013 - Sent to the speakers for signatures. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 16 and Title 17, relative to the judiciary. |
SB1073 / HB622 Required plan to provide services to victims of human trafficking.
| Category |
Judiciary |
| Sponsors |
Sen. Charlotte Burks / Rep. Sherry Jones |
| Description |
Requires 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 Status |
04/09/2013 - Taken off notice in Senate Judiciary Committee. |
| House Status |
04/09/2013 - Taken off notice in House Criminal Justice Committee. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 37; Title 39; Title 40 and Section 71-1-135, relative to human trafficking. |
| Category |
Judiciary |
| Sponsors |
Sen. Mae Beavers / Rep. Judd Matheny |
| Description |
Enacts 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. |
| Amendment |
House 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 Status |
04/02/2013 - Taken off notice in Senate State & Local Government Committee. |
| House Status |
04/02/2013 - Taken off notice in House State Government Committee. |
| Caption |
AN 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.
| Category |
Judiciary |
| Sponsors |
Sen. Becky Duncan Massey / Rep. Roger Kane |
| Description |
Requires 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 Status |
02/08/2013 - Referred to Senate Judiciary. |
| House Status |
03/13/2013 - House Civil Justice Subcommittee deferred to summer study. |
| Caption |
AN 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.
| Category |
Judiciary |
| Sponsors |
Sen. Mark Green / Rep. Joe Pitts |
| Description |
Adds 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. |
| Amendment |
Senate 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 Status |
04/15/2013 - Set for Senate Finance Continued 04/16/13. |
| House Status |
04/10/2013 - House Finance Subcommittee deferred to behind the budget. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 29-13-104, relative to criminal injuries compensation. |
SB1216 / HB490 Additional protected classes of persons.
| Category |
Judiciary |
| Sponsors |
Sen. Ophelia Ford / Rep. Sherry Jones |
| Description |
Adds 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 Status |
04/09/2013 - Taken off notice in Senate Judiciary Committee. |
| House Status |
02/21/2013 - Referred to House Consumer & Human Resources Subcommittee. |
| Caption |
AN 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.
| Category |
Judiciary |
| Sponsors |
Sen. Ophelia Ford / Rep. Barbara W. Cooper |
| Description |
Requires 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 Status |
03/26/2013 - Taken off notice in Senate Judiciary Committee. |
| House Status |
02/27/2013 - Referred to House Civil Justice Subcommittee. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 17, relative to judges and chancellors. |
SB1230 / HB1320 Removes requirement that judge be an attorney.
| Category |
Judiciary |
| Sponsors |
Sen. Ophelia Ford / Rep. Barbara W. Cooper |
| Description |
Removes, 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 Status |
03/26/2013 - Taken off notice in Senate Judiciary Committee. |
| House Status |
03/26/2013 - Taken off notice in House Civil Justice Subcommittee. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 6, Chapter 33; Title 16 and Title 17, relative to the qualifications to be a judge. |
SB1299 / HB1152 Affidavit used to determine whether a defendant is indigent.
| Category |
Judiciary |
| Sponsors |
Sen. James F. Kyle Jr. / Rep. Larry J. Miller |
| Description |
Requires 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 Status |
02/26/2013 - Referred to Senate Judiciary. |
| House Status |
03/19/2013 - House Criminal Justice Subcommittee deferred 03/26/13. |
| Caption |
AN 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.
| Category |
Judiciary |
| Sponsors |
Sen. Stacey Campfield / Rep. Billy Spivey |
| Description |
Creates 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 Status |
04/09/2013 - Taken off notice in Senate Judiciary Committee. |
| House Status |
03/26/2013 - Taken off notice in House Civil Justice Subcommittee. |
| Caption |
AN 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.
| Category |
Judiciary |
| Sponsors |
Sen. Mike Bell / Rep. Darren Jernigan |
| Description |
Establishes 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 Status |
02/26/2013 - Referred to Senate Judiciary. |
| House Status |
02/27/2013 - Referred to House Criminal Justice Subcommittee. |
| Caption |
AN 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.
| Category |
Judiciary |
| Sponsors |
Sen. Mike Bell / Rep. Eric Watson |
| Description |
Reduces 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 Status |
02/26/2013 - Referred to Senate Judiciary. |
| House Status |
02/20/2013 - Referred to House Civil Justice Subcommittee. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 16, Chapter 4 and Title 16, Chapter 5, relative to intermediate appellate courts. |
SJR2 Constitutional amendment - appointment of appellate judges.
| Category |
Judiciary |
| Sponsors |
Sen. Brian K. Kelsey |
| Description |
Proposes an amendment 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 Status |
03/13/2013 - Signed by Senate speaker. |
| House Status |
03/19/2013 - Signed by House speaker. |
| Executive Status |
03/11/2013 - Sent to the speakers for signatures. |
| Caption |
A RESOLUTION proposing amendment of Article VI, Section 3 of the Constitution of Tennessee, relative to judges of the appellate courts. |
SJR34 Constitutional amendment - discrimination and preferences.
| Category |
Judiciary |
| Sponsors |
Sen. Jim Summerville |
| Description |
Amends 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 Status |
01/31/2013 - Referred to Senate Judiciary. |
| House Status |
None |
| Caption |
A RESOLUTION to amend Article XI of the Constitution of Tennessee, relative to discrimination and preferences in government. |
SJR123 Constitutional amendment - election of attorney general
| Category |
Judiciary |
| Sponsors |
Sen. Mae Beavers |
| Description |
Proposes 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. |
| Fiscal Note |
(Dated: March 22 2013) Increase State Expenditures - $9,100/FY13-14.
|
| Senate Status |
02/18/2013 - Referred to Senate Judiciary. |
| House Status |
None |
| Caption |
A 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.
| Category |
Judiciary |
| Sponsors |
Sen. Brian K. Kelsey |
| Description |
Approves 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 Status |
03/25/2013 - Sent to Senate speaker for signature. |
| House Status |
None |
| Caption |
A 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.
| Category |
Judiciary |
| Sponsors |
Rep. Mark Pody |
| Description |
Requires, 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 Status |
None |
| House Status |
02/27/2013 - Referred to House Civil Justice Subcommittee. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 16; Title 20; Title 24; Title 29; Title 36; Title 37 and Title 40, relative to evidence. |
HJR8 Constitutional amendment - appointment of appellate judges.
| Category |
Judiciary |
| Sponsors |
Rep. Jon Lundberg |
| Description |
Proposes 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 Status |
None |
| House Status |
02/25/2013 - House substituted SJR2 for the resolution. |
| Caption |
A 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.
| Category |
Judiciary |
| Sponsors |
Rep. Glen Casada |
| Description |
Proposes 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 Status |
None |
| House Status |
02/26/2013 - Taken off notice in House State Government Committee. |
| Caption |
A 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.
| Category |
Judiciary |
| Sponsors |
Rep. Barbara W. Cooper |
| Description |
Directs 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 Status |
None |
| House Status |
03/12/2013 - Taken off notice in House Criminal Justice Subcommittee. |
| Caption |
A RESOLUTION to direct a study on bail bonds. |
HJR103 Constitutional amendment - popular election of the Attorney General.
| Category |
Judiciary |
| Sponsors |
Rep. Art Swann |
| Description |
Proposes 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 Status |
None |
| House Status |
03/20/2013 - Failed in House Civil Justice Subcommittee. |
| Caption |
A 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.
| Category |
Judiciary |
| Sponsors |
Rep. Jon Lundberg |
| Description |
Ratifies and approves revisions to the Tennessee Rules of Evidence. |
| Senate Status |
None |
| House Status |
03/18/2013 - Sent to House speaker for signature. |
| Caption |
A RESOLUTION approving the amendments and revisions to the Tennessee Rules of Evidence, promulgated by the Supreme Court of Tennessee pursuant to the provisions of Tennessee Code Annotated, Section 16402, et seq. |
HR33 Tennessee Rules of Criminal Procedure.
| Category |
Judiciary |
| Sponsors |
Rep. Jon Lundberg |
| Description |
Ratifies and approves revisions to the Tennessee Rules of Criminal Procedure. |
| Senate Status |
None |
| House Status |
03/04/2013 - Signed by House speaker. |
| Caption |
A RESOLUTION approving the amendments and revisions to the Tennessee Rules of Criminal Procedure, promulgated by the Supreme Court of Tennessee pursuant to the provisions of Tennessee Code Annotated, Section 16402, et seq. |
HR34 Ratifies and approves revisions to the TN Rules of Juvenile Procedure.
| Category |
Judiciary |
| Sponsors |
Rep. Jon Lundberg |
| Description |
Ratifies and approves revisions to the Tennessee Rules of Juvenile Procedure. |
| Senate Status |
None |
| House Status |
03/22/2013 - Signed by House speaker. |
| Caption |
A RESOLUTION approving the amendments and revisions to the Tennessee Rules of Juvenile Procedure, promulgated by the Supreme Court of Tennessee pursuant to the provisions of Tennessee Code Annotated, Section 16402, et seq. |
HR35 Ratifies and approves revisions to TN Rules of Appellate Procedure.
| Category |
Judiciary |
| Sponsors |
Rep. Jon Lundberg |
| Description |
Ratifies and approves revisions to the Tennessee Rules of Appellate Procedure. |
| Senate Status |
None |
| House Status |
03/22/2013 - Signed by House speaker. |
| Caption |
A RESOLUTION approving the amendments and revisions to the Tennessee Rules of Appellate Procedure, promulgated by the Supreme Court of Tennessee pursuant to the provisions of Tennessee Code Annotated, Section 16402, et seq. |
HR36 Ratifies and approves revisions to the TN Rules of Civil Procedure.
| Category |
Judiciary |
| Sponsors |
Rep. Jon Lundberg |
| Description |
Ratifies and approves revisions to the Tennessee Rules of Civil Procedure. |
| Senate Status |
None |
| House Status |
03/19/2013 - Signed by House speaker. |
| Caption |
A RESOLUTION approving the amendments and revisions to the Tennessee Rules of Civil Procedure, promulgated by the Supreme Court of Tennessee pursuant to the provisions of Tennessee Code Annotated, Section 16402, et seq. |
HR38 Adopts Rules of Practice and Procedure of Board of Judicial Conduct.
| Category |
Judiciary |
| Sponsors |
Rep. Jim Coley |
| Description |
Adopts the Rules of Practice and Procedure of the Board of Judicial Conduct. |
| Senate Status |
None |
| House Status |
03/19/2013 - Signed by House speaker. |
| Caption |
A 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 - 7
SB179 / HB173 Hazardous chemical regulation changes.
| Category |
Labor Law |
| Sponsors |
Sen. Mark S. Norris / Rep. Gerald McCormick |
| Description |
Deletes the Hazardous Chemical Right to Know Law. Requires each employer to comply with the requirements of the Occupational Safety and Health Administration's federal Hazard Communication Standard. Adds additional requirements regarding the communication of information to employees, employee training, providing information to fire chiefs, signage on buildings, and the completion of a workplace chemical list. (Part of Administration Package) |
| Amendment |
SENATE AMENDMENT 1 (003565) corrects a typographical error in the original bill by deleting the word "workforce" and replacing it with the word "workplace" in reference to the chemical list. HOUSE AMENDMENT 1 (005657) corrects a typographical error in the original bill by deleting the word "workforce" and replacing it with the word "workplace" in reference to the chemical list and corrects an error by adding the word, "employer", where it was erroneously omitted. |
| Fiscal Note |
(Dated: February 8 2013) Not Significant.
|
| Senate Status |
04/08/2013 - Senate concurred in House amendment 1 (005657), which corrects a typographical error in the original bill by deleting the word "workforce" and replacing it with the word "workplace" in reference to the chemical list and corrects an error by adding the word, "employer", where it was erroneously omitted. |
| House Status |
04/03/2013 - House passed with amendment 1. |
| Executive Status |
04/11/2013 - Sent to governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 50-3-2001 et seq. relative to the Hazardous Chemical Right to Know Law. |
SB509 / HB1149 Worker's compensation - apportionment of liability.
| Category |
Labor Law |
| Sponsors |
Sen. Joey Hensley / Rep. Mark Pody |
| Description |
Requires 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 Status |
03/19/2013 - Taken off notice in Senate Commerce & Labor Committee. |
| House Status |
02/21/2013 - Referred to House Consumer & Human Resources Subcommittee. |
| Executive Status |
03/07/2013 - Workers' Compensation Advisory Council recommended against passage after reconsidering their previous action of recommendation. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 50, Chapter 6, relative to workers' compensation. |
SB519 / HB549 Religious exemptions from the workers' compensation requirements.
| Category |
Labor Law |
| Sponsors |
Sen. Charlotte Burks / Rep. Charles Curtiss |
| Description |
Allows individuals to be exempt from workers' compensation requirements if such individual is a member of a recognized religious sect or division and is an adherent of established tenets or teachings of such sect or division by reason of which such individual is consciously opposed to acceptance of the benefits provided by workers' compensation laws. Requires such individual prior to exemption to provide a copy of an approved IRS form evidencing an approval of exemption from social security and medicare taxes and an affidavit signed by the individual attesting to a waiver of all benefits. |
| Amendment |
Senate Commerce & Labor Committee amendment 1, House Consumer & Human Resources Committee amendment 1 (004287) deletes all language after the enacting clause. Authorizes up to five individuals per business in the construction services industry that do not qualify for the exemption to apply for the Workers' Compensation Exemption Registry, if the individual is a member of a religious sect or division. Requires the applicant to submit a copy of an approved Internal Revenue Service Form 4029 and an affidavit signed by the individual. Effective upon becoming law for purposes of promulgating rules and regulations. For all other purposes, the effective date is January 1, 2014. |
| Fiscal Note |
(Dated: March 6 2013) Increase State Revenue - $7,500/FY13-14 and Every Two Years Thereafter/ - Employee Misclassification Education and Enforcement Fund - Decrease State Revenue - - Exceeds $400/FY13-14/TOSHA - Exceeds $2,100/FY13-14/Second Injury Fund Exceeds $2,100/FY13-14/General Fund Exceeds $800/FY14-15 and Subsequent Years/TOSHA Exceeds $4,100/FY14-15 and Subsequent Years/Second Injury Fund Exceeds $4,100/ FY14-15 and Subsequent Years/General Fund - Increase State Expenditures - $19,000/FY13-14/Employee Misclassification Education and Enforcement Fund - $39,800/FY13-14/General Fund $61,600/FY14-15 and Subsequent Years/General Fund.
|
| Senate Status |
04/15/2013 - Set for Senate Finance Continued 04/16/13. |
| House Status |
04/09/2013 - House General Subcommittee of Finance placed behind the budget. |
| Executive Status |
02/28/2013 - Workers' Compensation Advisory Council recommended against passage. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 50, Chapter 6, relative to workers' compensation exemptions. |
SB580 / HB253 Implements a self-employment assistance program.
| Category |
Labor Law |
| Sponsors |
Sen. Ferrell Haile / Rep. Darren Jernigan |
| Description |
Implements 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 Status |
03/19/2013 - Senate Commerce & Labor Committee deferred to next meeting. |
| House Status |
03/20/2013 - Failed in House Consumer & Human Resources Subcommittee - tie vote. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 50, Chapter 7, relative to self-employment assistance for individuals eligible for unemployment benefits. |
SB628 / HB554 Commissioner to make regulations available in electronic format.
| Category |
Labor Law |
| Sponsors |
Sen. Dolores R. Gresham / Rep. Steve McDaniel |
| Description |
Requires the commissioner of labor and workforce development to make available in an electronic format on the department's web site the text of the Tennessee Employment Security Law, the commissioner's regulations and general rules, the commissioner's annual reports to the governor, and any other material the commissioner deems relevant. |
| Amendment |
House amendment 1 (004994) deletes all language after the enacting clause. Exempts reimbursing employers from being required to reimburse the Unemployment Insurance Trust Fund for benefits paid to a claimant that becomes separated from other employment. Defines reimbursing employer as provided by federal law. |
| Fiscal Note |
(Dated: February 20 2013) Not Significant.
|
| Senate Status |
04/01/2013 - Senate passed. |
| House Status |
04/01/2013 - House passed with amendment 1. |
| Executive Status |
04/04/2013 - Sent to governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 50, Chapter 7, relative to the "Tennessee Employment Security Law ". |
SB699 / HB1321 Employers cannot use certain credit reports for employment purposes.
| Category |
Labor Law |
| Sponsors |
Sen. Reginald Tate / Rep. Karen D. Camper |
| Description |
Prohibits 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 Status |
03/19/2013 - Senate Commerce & Labor Committee deferred to next meeting. |
| House Status |
03/20/2013 - Taken off notice in House Consumer & Human Resources Subcommittee. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 4; Title 8 and Title 50, Chapter 1, relative to employers and employees. |
SB879 / HB105 Technical Changes to TN Lawful Employment Act.
| Category |
Labor Law |
| Sponsors |
Sen. Jim Tracy / Rep. Joe Carr |
| Description |
Makes certain technical and grammatical corrections to the Tennessee Lawful Employment Act. |
| Fiscal Note |
(Dated: January 27 2013) Not Significant.
|
| Senate Status |
02/25/2013 - Senate passed. |
| House Status |
03/18/2013 - House passed. |
| Executive Status |
04/12/2013 - Signed by governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 12-4-124 and Title 50, Chapter 1, Part 7, relative to employment. |
Local Government - 2
SB236 / HB451 Property taken by eminent domain.
| Category |
Local Government |
| Sponsors |
Sen. Stacey Campfield / Rep. Steve Hall |
| Description |
Prohibits 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 Status |
04/09/2013 - Taken off notice in Senate Judiciary Committee. |
| House Status |
02/21/2013 - Referred to House Civil Justice Subcommittee. |
| Caption |
AN 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.
| Category |
Local Government |
| Sponsors |
Sen. Doug Overbey / Rep. Mike Carter |
| Description |
Revises various provisions governing eminent domain and the limitation placed on the owners' actions. |
| Fiscal Note |
(Dated: March 17 2013) Not Significant.
|
| Senate Status |
04/09/2013 - Taken off notice in Senate Judiciary Committee. |
| House Status |
03/27/2013 - House Civil Justice Subcommittee deferred to the first calendar of 2014. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 29, Chapter 16, relative to eminent domain and limitations of owners' actions. |
Media & Publishing - 2
SB461 / HB1001 Public notice in newspaper must also be on website.
| Category |
Media & Publishing |
| Sponsors |
Sen. Ken Yager / Rep. Ryan A. Haynes |
| Description |
Requires legal and public notices that are currently required to be published in newspaper of general circulation to also be posted on newspaper's web site and on statewide web site maintained by Tennessee Press Association. |
| Amendment |
Senate amendment 1 (003948) establishes that newspapers post the complete notice at the same price. Requires notices to be posted on a statewide web site established and maintained as a joint venture of the majority of Tennessee newspapers, instead of the Tennessee Press Association. Adds that any notice published on a web site pursuant to this section shall be accessible to the public at no charge. |
| Fiscal Note |
(Dated: February 19 2013) Not Significant.
|
| Senate Status |
03/14/2013 - Senate passed with amendment 1. |
| House Status |
03/25/2013 - House passed. |
| Executive Status |
04/12/2013 - Signed by governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 1, Chapter 3; Title 30, Chapter 2 and Title 67, Chapter 5, relative to public notices. |
| Category |
Media & Publishing |
| Sponsors |
Sen. Mike Bell / Rep. Vance Dennis |
| Description |
Broadens 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 Status |
02/08/2013 - Referred to Senate Commerce & Labor Committee. |
| House Status |
02/06/2013 - Referred to House Insurance & Banking Subcommittee. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 10; Title 12 and Title 29. |
Professions & Licensure - 4
SB646 / HB133 Alters Tennessee Real Estate Broker License Act of 1973.
| Category |
Professions & Licensure |
| Sponsors |
Sen. Jim Tracy / Rep. Jon Lundberg |
| Description |
Requires that licensees under the Tennessee Real Estate Broker License Act be notified of required terms and conditions of coverage for errors and omissions insurance policy at least 30 days but not more than 90 days before the policy renewal date. Provides for automatic suspension of license if licensee fails to obtain, maintain or renew errors and omissions insurance and provide proof of compliance to the Tennessee Real Estate Commission, as required. Specifies that a license suspended for more than one year shall be automatically revoked. Sets forth processes for licensee to request formal hearing and for license reinstatement. Broadly captioned. |
| Amendment |
Senate amendment 1 (005006) revises the bill as follows: (1) Removes this bill's provision whereby brokers may not be notified of the required terms and conditions of coverage for the policy more than 90 days before the licensee's renewal date, as described above in the bill summary; (2) Removes the reference to the license being suspended "without further action by the commission", as described above in the bill summary; (3) Makes reinstatement mandatory instead of discretionary upon the licensee providing proof of insurance which complies with the required terms and conditions of coverage to the commission and the licensee paying the penalty described above in the bill summary. Also, this amendment clarifies, in regard to reinstatement, that reinstatement will occur without payment of penalty if the licensee provides proof of insurance within 30 days of suspension, and the payment of the penalty for reinstatement will apply if such proof of insurance is submitted on or after 31 days of suspension; (4) Requires that notification of the suspension also be sent to the licensee's home address; and (5) Adds that if the licensee proves to the commission that the license suspension or revocation was in error and that the licensee obtained, maintained or renewed the licensee's errors and omissions insurance, then the commissioner must immediately reinstate the license to the date of suspension. |
| Fiscal Note |
(Dated: February 21 2013) Not Significant.
|
| Senate Status |
03/27/2013 - Senate passed with amendment 1 (005006). |
| House Status |
03/28/2013 - House passed. |
| Executive Status |
04/12/2013 - Signed by governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 62, relative to professions. |
SB1013 / HB997 Licensing of professionals - defaulting on student loans.
| Category |
Professions & Licensure |
| Sponsors |
Sen. Mike Bell / Rep. Kevin Brooks |
| Description |
Encourages 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 Status |
02/08/2013 - Referred to Senate Commerce & Labor Committee. |
| House Status |
04/02/2013 - Taken off notice in House State Government Committee. |
| Caption |
AN 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. |
SB1201 / HB938 Voluntary provision of health care services.
| Category |
Professions & Licensure |
| Sponsors |
Sen. Steven Dickerson / Rep. Roger Kane |
| Description |
Authorizes collection of certain charges by health care providers for voluntary provision of health care services when forwarded to sponsoring organization. |
| Fiscal Note |
(Dated: March 4 2013) Not Significant.
|
| Senate Status |
03/18/2013 - Senate passed. |
| House Status |
04/01/2013 - House passed. |
| Executive Status |
04/08/2013 - Sent to governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 63, Chapter 6, Part 7, relative to voluntary provision of health care services. |
SB1232 / HB1066 Transfers administration of the Water Environmental Health Act.
| Category |
Professions & Licensure |
| Sponsors |
Sen. Jim Tracy / Rep. Kelly Keisling |
| Description |
Renames the Water Environmental Health Act to the Water and Wastewater Operator Certification Act and transfers the administration from the department of environment and conservation to the department of commerce and insurance. Authorizes the board instead of the commissioner to levy civil penalties and to issue orders requiring compliance. Revises some requirements and qualifications for membership to the board of certification. Removes the power of the board to hear appeals from any order or ruling issued by the commissioner and other similar actions. Prohibits the department of commerce and insurance from assisting a complainant in gathering information or making investigations or to provide counsel for the purpose of drawing such complainant's complaint. (10 pp.) |
| Amendment |
House Agriculture & Natural Resources amendment 1 (006524) rewrites the bill. Renames the "Water Environmental Health Act" found in current law as the "Water and Wastewater Operator Certification Act". Restructures the composition of, but maintains the current number of members of, the Water and Wastewater Operator Board of Certification. Makes changes to the administrative process regarding the suspension or revocation of permits for water and wastewater treatment. |
| Fiscal Note |
(Dated: March 12 2013) Increase State Expenditures - $52,800/One-Time - $1,000/Recurring - Other Fiscal Impact - A shift of approximately $233,000 in annual federal funding from the Department of Environment and Conservation to the Department of Commerce and Insurance.
|
| Senate Status |
03/20/2013 - Senate Energy, Agriculture & Natural Resources Committee recommended. Sent to Senate Finance. |
| House Status |
04/15/2013 - House Finance Subcommittee recommended. Sent to House Finance Committee. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 62 and Title 68, Chapter 221, Part 9, relative to water. |
Property & Housing - 14
SB53 / HB33 Development standards for selected types of developments.
| Category |
Property & Housing |
| Sponsors |
Sen. Ken Yager / Rep. Kelly Keisling |
| Description |
Allows 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. |
| Amendment |
House 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 Status |
03/27/2013 - Senate State & Local Government Committee deferred to 04/02/13. |
| House Status |
03/27/2013 - Failed in House State Government Subcommittee after adopting amendment 1. |
| Caption |
AN 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.
| Category |
Property & Housing |
| Sponsors |
Sen. Stacey Campfield / Rep. Steve Hall |
| Description |
Sets 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 Status |
02/26/2013 - Taken off notice in Senate Judiciary. |
| House Status |
02/05/2013 - Referred to House Civil Justice Subcommittee. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 66, relative to liens. |
SB391 / HB1221 Life estate to exist on the date of creation.
| Category |
Property & Housing |
| Sponsors |
Sen. Steve Southerland / Rep. David B. Hawk |
| Description |
Requires 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 Status |
01/31/2013 - Referred to Senate Judiciary. |
| House Status |
02/27/2013 - Referred to House Civil Justice Subcommittee. |
| Caption |
AN 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.
| Category |
Property & Housing |
| Sponsors |
Sen. Mike Bell / Rep. Glen Casada |
| Description |
Requires 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 Status |
03/19/2013 - Taken off notice in Senate Commerce & Labor Committee. |
| House Status |
03/19/2013 - House Business & Utilities Subcommittee deferred 1/1/2014. |
| Caption |
AN 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.
| Category |
Property & Housing |
| Sponsors |
Sen. Jack Johnson / Rep. Glen Casada |
| Description |
Requires 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 Status |
02/08/2013 - Referred to Senate State & Local Government. |
| House Status |
02/21/2013 - Referred to House Local Government Subcommittee. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 13, Chapter 7, relative to zoning. |
SB602 / HB1070 Liens - priority over mortgages.
| Category |
Property & Housing |
| Sponsors |
Sen. John Stevens / Rep. Barrett Rich |
| Description |
Requires 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 Status |
03/19/2013 - Taken off notice in Senate Commerce & Labor Committee. |
| House Status |
02/20/2013 - Referred to House Business & Utilities Subcommittee. |
| Caption |
AN 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.
| Category |
Property & Housing |
| Sponsors |
Sen. Reginald Tate / Rep. G.A. Hardaway |
| Description |
Permits 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 Status |
02/08/2013 - Referred to Senate Commerce & Labor Committee. |
| House Status |
02/06/2013 - Referred to House Business & Utilities Subcommittee. |
| Caption |
AN 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.
| Category |
Property & Housing |
| Sponsors |
Sen. Jack Johnson / Rep. Pat Marsh |
| Description |
Increases 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 Status |
02/08/2013 - Referred to Senate Commerce & Labor Committee. |
| House Status |
02/21/2013 - Referred to House Business & Utilities Subcommittee. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 66, relative to property. |
SB844 / HB706 Late rent payment under the Uniform Landlord and Tenant Act.
| Category |
Property & Housing |
| Sponsors |
Sen. Bill Ketron / Rep. Mike Carter |
| Description |
Deletes provision in Uniform Landlord and Tenant Act prohibiting public housing projects in Hamilton and Rutherford counties from charging more than $5.00 per month for the late payment of rent or charging a late fee unless more than 15 days have elapsed since rent was due. |
| Amendment |
SENATE AMENDMENT 1 (003621) clarifies that this bill will apply to any rental agreement in which the Uniform Residential Landlord and Tenant Act applies that does not incorporate the $5.00 limit on late rent fees charged to public housing tenants in Hamilton and Rutherford counties, as it existed prior to the day that this bill becomes a law, as a term of the rental agreement, or to any rental agreement in which the Uniform Residential Landlord and Tenant Act applies that does incorporate the $5.00 limit on late rent fees charged to public housing tenants in Hamilton and Rutherford counties, as it existed prior to the day that this bill becomes a law, as a term of the rental agreement if the rental agreement was entered into on or after the day that this bill becomes a law. |
| Fiscal Note |
(Dated: February 12 2013) Other Fiscal Impact - Hamilton County public housing development authorities currently collect a $5 late fee. If the authorities choose to increase the amount of late fees collected pursuant to the bill, the authorities could increase late fee revenue up to $63,300. Collecting late fees is left to the discretion of the authority and any amount of increase will be permissive. Any funds collected will remain with the appropriate authority.
|
| Senate Status |
02/25/2013 - Senate passed with amendment 1. |
| House Status |
04/04/2013 - House passed. |
| Executive Status |
04/11/2013 - Sent to governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 66-28-201, relative to fees charged by public housing projects. |
SB864 / HB716 Sale of tangible property by fiduciary.
| Category |
Property & Housing |
| Sponsors |
Sen. Reginald Tate / Rep. Gary Odom |
| Description |
Allows 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 Status |
04/09/2013 - Taken off notice in Senate Judiciary Committee. |
| House Status |
02/06/2013 - Referred to House Civil Justice Subcommittee. |
| Caption |
AN 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.
| Category |
Property & Housing |
| Sponsors |
Sen. Mike Bell / Rep. Sheila Butt |
| Description |
Prohibits 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 Status |
02/08/2013 - Referred to Senate State & Local Government. |
| House Status |
02/21/2013 - Referred to House State Government Subcommittee. |
| Caption |
AN ACT amend Tennessee Code Annotated, relative to the protection of private property rights. |
SB1067 / HB685 Judgment lien on real estate.
| Category |
Property & Housing |
| Sponsors |
Sen. Charlotte Burks / Rep. Charles Curtiss |
| Description |
Clarifies 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. |
| Amendment |
HOUSE 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 Status |
04/09/2013 - Taken off notice in Senate Judiciary Committee after adopting amendment 1 (006648). |
| House Status |
03/28/2013 - House passed with amendment 1. |
| Caption |
AN 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.
| Category |
Property & Housing |
| Sponsors |
Sen. James F. Kyle Jr. / Rep. Johnnie Turner |
| Description |
Requires 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 Status |
03/19/2013 - Senate Commerce & Labor Committee deferred to next meeting. |
| House Status |
03/19/2013 - Taken off notice in House Business & Utilities Subcommittee. |
| Caption |
AN 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.
| Category |
Property & Housing |
| Sponsors |
Sen. Todd Gardenhire / Rep. Richard Floyd |
| Description |
Redefines 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. |
| Amendment |
House 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. |
| Fiscal Note |
(Dated: March 14 2013) Not Significant.
|
| Senate Status |
02/26/2013 - Referred to Senate Delayed Bills Committee. |
| House Status |
04/10/2013 - House passed with amendment 1 (004560), which 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. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 66, Chapter 11, relative to liens. |
Public Employees - 10
SB164 / HB158 Requires certain public defenders to be paid electronically.
| Category |
Public Employees |
| Sponsors |
Sen. Mark S. Norris / Rep. Gerald McCormick |
| Description |
Requires state payments to the county or metropolitan governments for the 20th and 30th judicial districts to pay the districts' public defenders through electronic means. (Part of Administration Package) |
| Amendment |
House amendment 1 (004869) deletes Section 1 of the original bill and substitutes a new section requiring quarterly payments made to the 20th and 30th judicial districts to include the base level of state support on July 1, 2013, to be adjusted to reflect the percent change in average CPI between 2011 and 2012. Each succeeding July 1, a similar adjustment would be made based upon the change in average CPI over the prior two calendar years. The adjustment is capped at a maximum of 5 percent per year. The base level of state support may be adjusted accordingly each year to meet state budget requirements or to reflect changes to programs, workloads or other operational costs. |
| Fiscal Note |
(Dated: March 8 2013) Not Significant.
|
| Senate Status |
04/11/2013 - Senate passed. |
| House Status |
04/04/2013 - House passed with amendment 1 (004869), which deletes Section 1 of the original bill and substitutes a new section requiring quarterly payments made to the 20th and 30th judicial districts to include the base level of state support on July 1, 2013, to be adjusted to reflect the percent change in average CPI between 2011 and 2012. Each succeeding July 1, a similar adjustment would be made based upon the change in average CPI over the prior two calendar years. The adjustment is capped at a maximum of 5 percent per year. The base level of state support may be adjusted accordingly each year to meet state budget requirements or to reflect changes to programs, workloads or other operational costs. |
| Executive Status |
04/11/2013 - Sent to the speakers for signatures. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 8, Chapter 14, relating to funding for public defenders in the twentieth and thirtieth judicial districts. |
SB413 / HB846 Solicitor general to defend cases for the state.
| Category |
Public Employees |
| Sponsors |
Sen. Jim Summerville / Rep. John Ragan |
| Description |
Creates 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 Status |
02/05/2013 - Referred to Senate Government Operations. |
| House Status |
03/20/2013 - Taken off notice in House State Government Subcommittee. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 8, relative to public officers. |
SB494 / HB326 Additional duties for attorney general and reporter.
| Category |
Public Employees |
| Sponsors |
Sen. Mark Green / Rep. Joe Carr |
| Description |
Allows 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 Status |
02/05/2013 - Referred to Senate Judiciary. |
| House Status |
03/20/2013 - Taken off notice in House Civil Justice Subcommittee. |
| Caption |
AN 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.
| Category |
Public Employees |
| Sponsors |
Sen. Stacey Campfield / Rep. Harry Brooks |
| Description |
Attempts 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 Status |
04/09/2013 - Taken off notice in Senate Judiciary Committee. |
| House Status |
03/20/2013 - House Civil Justice Subcommittee deferred to summer study. |
| Caption |
AN 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.
| Category |
Public Employees |
| Sponsors |
Sen. Mark S. Norris / Rep. Curry Todd |
| Description |
Allows 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. |
| Amendment |
Senate 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 Status |
04/10/2013 - Re-referred to Senate Calendar Committee. |
| House Status |
03/26/2013 - House State Government Subcommittee referred bill to TACIR for study. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 8 and Title 29, relative to insurance to protect against certain acts and omissions by government officials and employees. |
SB725 / HB913 Revises employees' rights in public employee organizations.
| Category |
Public Employees |
| Sponsors |
Sen. Stacey Campfield / Rep. Glen Casada |
| Description |
Requires 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. |
| Amendment |
Senate 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 Status |
03/27/2013 - Failed in Senate Commerce & Labor Committee, after adopting amendment 1. |
| House Status |
04/02/2013 - House State Government Committee deferred to 2014. |
| Caption |
AN 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.
| Category |
Public Employees |
| Sponsors |
Sen. Reginald Tate / Rep. Johnnie Turner |
| Description |
Extends 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 Status |
03/19/2013 - Senate State & Local Government Committee deferred to 03/26/13. |
| House Status |
02/07/2013 - Referred to House State Government Subcommittee. |
| Caption |
AN 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.
| Category |
Public Employees |
| Sponsors |
Sen. Jim Summerville / Rep. David Shepard |
| Description |
Allows 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 Status |
04/10/2013 - Taken off notice in Senate State & Local Government Committee. |
| House Status |
04/01/2013 - House passed. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 8, Chapter 10, relative to constables. |
| Category |
Public Employees |
| Sponsors |
Sen. Steven Dickerson / Rep. David Shepard |
| Description |
Expands the definition of "state employee," for the purpose of permitting the attorney general to provide legal representation or reasonable compensation for counsel to the expert witness, to include any expert witness appearing and testifying on behalf of the department of health at any administrative hearing or other similar proceeding held with respect to a disciplinary action against any person or entity required to be licensed, permitted, certified, or authorized by any board, council, committee, or agency. |
| Amendment |
House amendment 1 (005609) restricts representation of expert witness to civil actions for damages against the expert for any act or omission in the course of the expert's appearance and testimony. |
| Fiscal Note |
(Dated: March 10 2013) Not Significant.
|
| Senate Status |
04/04/2013 - Senate concurred in House amendment 1. |
| House Status |
04/01/2013 - House passed with amendment 1. |
| Executive Status |
04/11/2013 - Sent to governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 8, Chapter 42, relative to defense of state employees. |
SB1289 / HB1063 Disclosures to TN ethics commission.
| Category |
Public Employees |
| Sponsors |
Sen. Janice Bowling / Rep. Susan M. Lynn |
| Description |
Requires 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 Status |
03/26/2013 - Senate State & Local Government Committee deferred to 03/27/13. |
| House Status |
03/12/2013 - Returned to House clerk's desk by the House Local Government Committee pursuant to Rule 83 (2). |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 8, Chapter 50, relative to conflicts of interest. |
Public Finance - 9
SB116 / HB220 Fiscal notes to include impact on commerce.
| Category |
Public Finance |
| Sponsors |
Sen. Bill Ketron / Rep. Mark White |
| Description |
Requires committee to include impact to commerce statement in fiscal note for bills and resolutions referred to House business and utilities committee; House finance, ways and means committee; House state government committee; House local government committee; House insurance and banking committee; House consumer and human resources committee; Senate commerce; Senate labor and agriculture committee; Senate finance, ways and means committee; and Senate state and local government committee. |
| Amendment |
SENATE AMENDMENT 1 (003014) deletes all language after the enacting clause. Requires the Fiscal Review Committee (FRC) to include an impact to commerce and jobs statement in fiscal notes. Requires such impact statement to analyze the immediate and long-range impact and include, if possible, an estimate in dollars of the anticipated change in costs or savings to commerce under the bill or resolution. Beginning January 1, 2014, such impact statements are required for general bills and resolutions referred to the following standing committees: House Business and Utilities; House Insurance and Banking; and Senate Commerce and Labor. Beginning January 1, 2015, and thereafter, such impact statements are required for general bills and resolutions referred to the following standing committees: House Business and Utilities; Senate and House Finance, Ways and Means; House State Government; House Local Government; House Insurance and Banking; House Consumer and Human Resources; Senate Commerce, and Labor; and Senate State and Local Government. Does not require such impact statements on bills referred to the Finance, Ways and Means Committees of either House from other standing committees. HOUSE STATE GOVERNMENT COMMITTEE AMENDMENT 1 (003440) adds that beginning January 1, 2014 all impact to commerce statements be required for general bills or resolutions referred to the House Business and Utilities Committee, the House Insurance and Banking Committee, or the Senate Commerce and Labor Committee. Establishes that beginning January 1, 2015, and thereafter, impact to commerce statements shall be required for general bills or resolutions referred to the House Business and Utilities Committee, House Finance, Ways, and Means Committee, House State Government Committee, House Local Government Committee, House Insurance and Banking Committee, House Consumer and Human Resources Committee, Senate Commerce and Labor Committee, Senate Finance, Ways and Means Committee, and Senate State and Local Government Committee. Adds that an impact to commerce statement for bills referred to the finance, ways and means committees of either house is not required on bills referred to such committees from other standing committees due to the cost described in the fiscal note. HOUSE FINANCE AMENDMENT 1 (006379) rewrites the bill. Requires Fiscal Notes to include statements as to the immediate effect if determinable on the long range effect on commerce and jobs. Such shall include an estimate in dollars of the change in costs or savings to commerce. These will be required as of 1/1/2014 on bills referred to House Business & Utilities, House Insurance & Banking, and Senate Commerce & Labor. |
| Fiscal Note |
(Dated: February 11 2013) Increase State Expenditures - $10,000/One-Time - $127,000/Recurring.
|
| Senate Status |
03/04/2013 - Senate passed with amendment 1. |
| House Status |
04/15/2013 - Set for House floor 04/16/2013. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 3, Chapter 2, relative to the content of fiscal notes. |
SB161 / HB155 Enacts Tennessee Governmental Accountability Act of 2013.
| Category |
Public Finance |
| Sponsors |
Sen. Mark S. Norris / Rep. Gerald McCormick |
| Description |
Creates the "Tennessee Governmental Accountability Act of 2013." Replaces phrase in current law "performance-based program budgeting principles" with "performance data and other relevant program measures." Revises law in order to maximize accountability, using a system of strategic planning, program performance measures, and performance audits to measure the effectiveness and efficiency of governmental services. Encourages full and candid participation by all agencies of state government. The proposed new system will generate information to inform the public fully and for the general assembly to make meaningful decisions about the allocation of scarce resources in meeting vital needs. (Part of Administration Package) |
| Amendment |
House amendment 1 (004091) corrects typographical errors and corrects cross-references in Tennessee Code Annotated to reflect changes made by this bill. . |
| Fiscal Note |
(Dated: February 23 2013) Not Significant.
|
| Senate Status |
04/03/2013 - Senate passed. |
| House Status |
03/11/2013 - House passed with amendment 1. |
| Executive Status |
04/10/2013 - Sent to governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 4-4-119; Section 9-4-5101; Section 9-4-5102; Section 9-4-5103; Section 9-4-5106 and Title 9, Chapter 4, Part 56, relative to budgeting process and performance- based budgeting. |
SB470 / HB389 Prohibition against accepting certain federal funds.
| Category |
Public Finance |
| Sponsors |
Sen. Frank Niceley / Rep. Dennis Powers |
| Description |
Prohibits 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 Status |
04/15/2013 - Set for Senate Finance Continued 04/16/13. |
| House Status |
03/20/2013 - House State Government Subcommittee deferred to 2014. |
| Caption |
AN 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. |
SB502 / HB507 Fiscal appropriations bill.
| Category |
Public Finance |
| Sponsors |
Sen. Mark S. Norris / Rep. Charles M. Sargent |
| Description |
Appropriations are made to defray the expenses of state government for the fiscal year beginning 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, and for certain state aid and obligations and for capital outlay; for the service of the public debt, and for emergency and contingency. |
| Senate Status |
04/15/2013 - Set for Senate Finance Continued 04/16/13. |
| House Status |
02/06/2013 - Referred to House General Subcommittee of Finance. |
| Caption |
AN 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. |
SB740 / HB1231 Fiscal note to include diversity impact.
| Category |
Public Finance |
| Sponsors |
Sen. Reginald Tate / Rep. Johnnie Turner |
| Description |
Upon 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 Status |
02/08/2013 - Referred to Senate State & Local Government. |
| House Status |
02/27/2013 - Referred to House State Government Subcommittee. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 3-2-107, relative to fiscal notes. |
SB1043 / HB1232 Claims commission may promulgate rules and regulations.
| Category |
Public Finance |
| Sponsors |
Sen. Brian K. Kelsey / Rep. Vance Dennis |
| Description |
Clarifies that the claims commission may promulgate rules and regulations relative to procedures, hearings and fees. |
| Amendment |
House Civil Justice Committee amendment 1 (003704) rewrites the bill. Authorizes the use of administrative law judges from the Administrative Procedures Division of the Secretary of State to assist in hearing Claims Commission cases in certain circumstances. Requires notification to the clerks of the Commission, by filing notice of appeal with the clerk, when a claimant appeals the decision of a Commissioner pursuant to this bill as amended. SENATE AMENDMENT 2 (006610) rewrites the bill. Establishes that upon the request of the governor, or of an individual claims commissioner as to claims within that commissioner's grand division, or of a majority of the claims commissioners as to claims within any grand division, the secretary of state may assign administrative law judges from the administrative procedures division of the secretary of state's office to assist in the removal of unacceptable congestion, delay on the claims commission docket or in the event of a claims commissioner's recusal or disability. |
| Fiscal Note |
(Dated: March 20 2013) Not Significant.
|
| Senate Status |
04/15/2013 - Senate passed with amendment 2 (006610), which rewrites the bill. Establishes that upon the request of the governor, or of an individual claims commissioner as to claims within that commissioner's grand division, or of a majority of the claims commissioners as to claims within any grand division, the secretary of state may assign administrative law judges from the administrative procedures division of the secretary of state's office to assist in the removal of unacceptable congestion, delay on the claims commission docket or in the event of a claims commissioner's recusal or disability. |
| House Status |
04/15/2013 - Set for House floor 04/16/2013. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 9, Chapter 8, Part 3, relative to the Tennessee claims commission. |
SB1094 / HB298 Appropriations for expenses related to 108th GA enactments.
| Category |
Public Finance |
| Sponsors |
Sen. James F. Kyle Jr. / Rep. Craig Fitzhugh |
| Description |
Makes 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 Status |
04/15/2013 - Set for Senate Finance Continued 04/16/13. |
| House Status |
03/13/2013 - House Finance Subcommittee deferred to Appropriations Calendar. |
| Caption |
AN 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.
| Category |
Public Finance |
| Sponsors |
Sen. Douglas Henry Jr. / Rep. Courtney Rogers |
| Description |
Increases 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 Status |
02/25/2013 - Referred to Senate Finance, Ways & Means. |
| House Status |
02/21/2013 - Referred to House State Government Subcommittee. |
| Caption |
AN 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.
| Category |
Public Finance |
| Sponsors |
Sen. Bill Ketron / Rep. Rick Womick |
| Description |
Requires 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." |
| Amendment |
House 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 Status |
04/02/2013 - Senate State & Local Government Committee deferred to 04/09/13. |
| House Status |
04/02/2013 - House State Government Committee deferred to summer study. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 4; Title 9; Title 49 and Title 71, relative to refugee resettlement. |
Taxes Business - 6
SB181 / HB175 Revisions to franchise and excise tax law.
| Category |
Taxes Business |
| Sponsors |
Sen. Mark S. Norris / Rep. Gerald McCormick |
| Description |
For purposes of franchise and excise taxes, provides for the filing of tax returns while a taxpayer is on "final return status". Specifies that any taxpayer who is starting a process that will result in the taxpayer ceasing to exist, or no longer being subject to the state excise tax, or no longer having any substantial remaining business or financial activity, such as merger, sale, or dissolution, would be deemed to be in "final return status", and such status would apply to all subsequent returns filed by the taxpayer. Specifies that if a taxpayer in final return status effects a complete liquidation that is initiated and completed on the same date, then the franchise tax would be computed utilizing net worth, or the minimum franchise tax base, on the date immediately preceding the liquidating event. Otherwise, on any return of a taxpayer in final return status, the franchise tax would be computed by using the average monthly value of net worth or the average monthly value of the real and tangible property owned in the state. Requires the inclusion of annualization of rent paid in determining the minimum franchise tax base on any tax return where franchise tax is prorated, instead of only in specified cases. Specifies that for any tax return of a person in final return status that covers less than 12 months, the franchise tax would be prorated for the part of the year covered by the return. Generally, under present law, a taxpayer, for excise tax purposes, may deduct any net loss carryovers, subject to certain requirements and provisions. This bill specifies that there would be added to the net loss any amount excluded from federal gross income, for purposes of federal income tax, as a discharge of debt in title 11 bankruptcy, when the taxpayer is insolvent, or when the discharged debt is qualified farm debt. This bill removes the requirement that a corporation, when excluding any indebtedness to or guaranteed by a parent or an affiliated corporation in relation to franchise taxes, file an additional schedule with the commissioner of revenue showing the corporation's total indebtedness to or guaranteed by its parent or any affiliated corporation and the amount of any indebtedness that would have otherwise been included in the determination of its capital, surplus and undivided profits. (Part of Administration Package) |
| Fiscal Note |
(Dated: February 27 2013) Decrease State Revenue - $100,000/FY13-14 and FY14-15 - Increase State Revenue - Net Impact - $100,000/FY15-16 - $150,000/FY16-17 - $800,000/FY17-18 and Subsequent Years - According to the Department of Finance and Administration, the Division of Budget, the Governor's recommended budget for FY13-14 reflects a decrease in state revenue to the General Fund of $100,000.
|
| Senate Status |
04/15/2013 - Senate passed. |
| House Status |
03/25/2013 - House passed. |
| Executive Status |
04/15/2013 - Sent to the speakers for signatures. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 67, Chapter 4, Part 20, relative to excise tax, and Title 67, Chapter 4, Part 21, relative to franchise tax. |
SB238 / HB564 Professional football players to pay privilege tax.
| Category |
Taxes Business |
| Sponsors |
Sen. Stacey Campfield / Rep. Joe E. Armstrong |
| Description |
Adds 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 Status |
04/09/2013 - Taken off notice in Senate Finance, Ways & Means Committee. |
| House Status |
04/03/2013 - Taken off notice in House Finance Subcommittee. |
| Caption |
AN 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.
| Category |
Taxes Business |
| Sponsors |
Sen. Janice Bowling / Rep. David Shepard |
| Description |
Phases 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 Status |
03/05/2013 - Senate Finance Tax Subcommittee returned to Senate Finance with a negative recommendation. |
| House Status |
02/05/2013 - Referred to House General Subcommittee of Finance. |
| Caption |
AN 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.
| Category |
Taxes Business |
| Sponsors |
Sen. Jack Johnson / Rep. Michael Harrison |
| Description |
Changes 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 Status |
03/25/2013 - Taken off notice in Senate Finance Tax Subcommittee. |
| House Status |
02/13/2013 - Referred to House General Subcommittee of Finance. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 67, Chapter 4, relative to taxes. |
SB982 / HB20 Determining the amount of the professional privilege tax.
| Category |
Taxes Business |
| Sponsors |
Sen. Randy McNally / Rep. David Shepard |
| Description |
Urges the commissioner of the department of revenue to study the advisability of using the profitability ratio for the type of vocation, profession, business or occupation in determining the amount of the professional privilege tax. Requests the commissioner to report such findings to the finance, ways and means committees of the house and senate by January 15, 2014. |
| Fiscal Note |
(Dated: January 22 2013) Not Significant.
|
| Senate Status |
04/11/2013 - Set for Senate Floor 04/16/13. |
| House Status |
04/15/2013 - House Study Committee Subcommittee recommended. Sent to House Finance Subcommittee. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 67, Chapter 4, Part 17, relative to the privilege tax imposed on persons engaged in certain occupations. |
SB1247 / HB1134 NBA and NHL players exempt from privilege tax.
| Category |
Taxes Business |
| Sponsors |
Sen. Jack Johnson / Rep. Mark White |
| Description |
Removes 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 Status |
04/15/2013 - Set for Senate Finance Continued 04/16/13. |
| House Status |
04/09/2013 - Taken off notice in House Finance Subcommittee. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 67, Chapter 4, Part 17, relative to the privilege tax on professional athletes. |
Taxes General - 8
SB24 / HB7 Cocke County privilege tax.
| Category |
Taxes General |
| Sponsors |
Sen. Steve Southerland / Rep. Jeremy Faison |
| Description |
Authorizes Cocke County to levy a privilege tax on litigation in all civil and criminal cases instituted in general sessions court. Specifies that the proceeds of such tax are to be used exclusively for funding the general sessions court and for ensuring compliance with fire codes at courthouse justice center facilities. |
| Amendment |
HOUSE CIVIL JUSTICE COMMITTEE AMENDMENT 1 (005818) caps the privilege tax on civil and criminal litigation in general sessions court at $4.75, once approved by two-thirds majority of the Cocke County legislative body. Adds a sunset date of July 1, 2020. SENATE JUDICIARY AMENDMENT 1 (004107) deletes and rewrites subsection (1) of Section 1 of the bill authorizing Cocke County to levy a privilege tax not to exceed $4.75 on litigation filed for all civil and criminal cases held in general sessions court upon passage of a resolution by two-thirds majority vote of the county commission. Requires any revenue collected to be deposited into the county general fund and used for funding the general sessions court and ensuring that existing courthouse justice center facilities are in compliance with fire codes. SENATE JUDICIARY AMENDMENT 2 (004916) adds a new subsection to the bill which sunsets such privilege tax on July 1, 2020. |
| Fiscal Note |
(Dated: February 21 2013) Increase Local Revenue - $22,800/Cocke County/Permissive.
|
| Senate Status |
04/11/2013 - Set for Senate Floor 04/16/13. |
| House Status |
04/15/2013 - Set for House floor 04/16/2013. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 67-4-601, relative to litigation taxes. |
SB58 / HB1212 Excludes a gift made by a decedent from inheritance tax.
| Category |
Taxes General |
| Sponsors |
Sen. Doug Overbey / Rep. Tim Wirgau |
| Description |
Excludes 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 Status |
04/15/2013 - Set for Senate Finance Continued 04/16/13. |
| House Status |
03/27/2013 - House General Subcommittee of Finance placed behind the budget. |
| Caption |
AN 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. |
SB198 / HB192 Increased income exemptions for Hall income tax.
| Category |
Taxes General |
| Sponsors |
Sen. Mark S. Norris / Rep. Gerald McCormick |
| Description |
Increases, beginning in 2013, the annual income a person 65 years of age or older may earn and still be exempt from the Hall income tax from $26,200 to $33,000 for single filers and from $37,000 to $59,000 for persons filing jointly. (Part of Administration Package) |
| Fiscal Note |
(Dated: February 6 2013) Decrease State Revenue - Net Impact - $1,344,700 - Decrease Local Revenue - Net Impact - $821,500.
|
| Senate Status |
04/15/2013 - Senate passed. |
| House Status |
04/10/2013 - House passed. |
| Executive Status |
04/15/2013 - Sent to the speakers for signatures. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 67, Chapter 2, Part 1, relative to income tax. |
SB278 / HB974 Jurisdiction for contested case hearings.
| Category |
Taxes General |
| Sponsors |
Sen. Bo Watson / Rep. Jimmy Matlock |
| Description |
Transfers 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 Status |
01/31/2013 - Referred to Senate State & Local Government. |
| House Status |
02/13/2013 - Referred to House State Government Subcommittee. |
| Caption |
AN 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.
| Category |
Taxes General |
| Sponsors |
Sen. Doug Overbey / Rep. Curry Todd |
| Description |
Prohibits 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. |
| Amendment |
House 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 Status |
04/15/2013 - Set for Senate Finance Continued 04/16/13. |
| House Status |
04/09/2013 - House General Subcommittee of Finance placed behind the budget. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 67, relative to income tax exemptions. |
SB734 / HB961 Tennessee Administrative Tax Tribunal Act.
| Category |
Taxes General |
| Sponsors |
Sen. Bo Watson / Rep. Jon Lundberg |
| Description |
Establishes 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 Status |
03/20/2013 - Senate Government Operations Committee deferred to 04/10/13. |
| House Status |
04/02/2013 - House Government Operations Committee deferred to the second calendar of 2014. |
| Caption |
AN 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.
| Category |
Taxes General |
| Sponsors |
Sen. Ken Yager / Rep. Dennis Powers |
| Description |
Alters 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 Status |
02/12/2013 - Referred to Senate Finance Tax Subcommittee. |
| House Status |
02/07/2013 - Referred to House General Subcommittee of Finance. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 67, Chapter 2, relative to exemptions from taxation. |
SB966 / HB612 Prohibited orders and pleadings regarding taxation.
| Category |
Taxes General |
| Sponsors |
Sen. Randy McNally / Rep. David B. Hawk |
| Description |
Specifies 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 Status |
02/08/2013 - Referred to Senate Judiciary. |
| House Status |
02/07/2013 - Referred to House Civil Justice Subcommittee. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 67, Chapter 1, Part 18, relative to taxpayer remedies for disputed taxes. |
Taxes Property - 3
SB765 / HB652 Back assessment or reassessment for property.
| Category |
Taxes Property |
| Sponsors |
Sen. John Stevens / Rep. Jeremy Durham |
| Description |
Expands 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 Status |
02/08/2013 - Referred to Senate State & Local Government. |
| House Status |
02/07/2013 - Referred to House Local Government Subcommittee. |
| Caption |
AN 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.
| Category |
Taxes Property |
| Sponsors |
Sen. Dolores R. Gresham / Rep. Sheila Butt |
| Description |
Redefines "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 Status |
03/05/2013 - Taken off notice in Senate State & Local Government Committee. |
| House Status |
02/07/2013 - Referred to House Agriculture & Natural Resources Subcommittee. |
| Caption |
AN 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.
| Category |
Taxes Property |
| Sponsors |
Sen. Randy McNally / Rep. Steve Hall |
| Description |
Specifies 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 Status |
02/08/2013 - Referred to Senate Finance, Ways & Means. |
| House Status |
02/13/2013 - Referred to House Civil Justice Subcommittee. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 67, Chapter 1, Part 1 and Title 67, Chapter 1, Part 18, relative to state tax procedure. |
Taxes Sales - 1
SB185 / HB179 Advance sales tax payments - broadly captioned.
| Category |
Taxes Sales |
| Sponsors |
Sen. Mark S. Norris / Rep. Gerald McCormick |
| Description |
Authorizes 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 Status |
03/25/2013 - Taken off notice in Senate Finance Tax Subcommittee. |
| House Status |
02/05/2013 - Referred to House General Subcommittee of Finance. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 67, relative to taxation. |
Tenncare - 3
SB190 / HB184 Revisions to Tennessee Medicaid False Claims Act.
| Category |
Tenncare |
| Sponsors |
Sen. Mark S. Norris / Rep. Gerald McCormick |
| Description |
Establishes that employees, contractors, and agents are entitled to relief under the Tennessee Medicaid False Claims Act for employment discrimination due to any effort of such person to stop a violation of the Act. Requires that relief includes reinstatement with the same seniority status the employee, contractor, or agent would have had but for the discrimination, two times the amount of back pay, interest on the back pay, and compensation for any special damages sustained as a result of the discrimination. (Part of Administration Package) |
| Amendment |
House amendment 1 (003558) corrects a TCA cross-reference within the bill. |
| Fiscal Note |
(Dated: February 19 2013) Increase State Expenditures - Not Significant - Other Fiscal Impact - Prevents the loss of approximately $3,700,000 in federal funds. According to the Bureau of TennCare, the state retains an additional ten percent over the federal match rate of Medicaid healthcare fraud collections if the state's collection efforts meet federal requirements. The changes made to the Act by the proposed legislation are in response to new federal false claims recovery program requirements and will enable the state to continue to retain the enhanced amount.
|
| Senate Status |
03/27/2013 - Senate passed. |
| House Status |
03/21/2013 - House passed with amendment 1 (003558), which corrects a TCA cross-reference within the bill. |
| Executive Status |
04/11/2013 - Signed by governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 71, Chapter 5, relative to the Tennessee Medicaid False Claims Act. |
SB500 / HB519 Criminalizes unauthorized distribution of prescription drugs.
| Category |
Tenncare |
| Sponsors |
Sen. Mark S. Norris / Rep. Gerald McCormick |
| Description |
Creates a Class E felony for a person, other than a person authorized to issue or dispense prescriptions, to knowingly sell, deliver, or aid and abet a person in the sale or delivery of a drug and use TennCare benefits to obtain the drug. |
| Fiscal Note |
(Dated: February 25 2013) Increase State Expenditures - Not Significant - Other Fiscal Impact - According to the Department of Finance and Administration, Office of Inspector General, increased state revenues could result due to increased restitution collections pursuant to Tenn. Code Ann. § 71-5-2601(b). Due to a number of unknown factors, an exact estimate of the amount of restitution cannot be quantified.
|
| Senate Status |
03/27/2013 - Senate passed. |
| House Status |
04/08/2013 - House passed. |
| Executive Status |
04/11/2013 - Sent to governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 71, Chapter 5, Part 26, relative to the prevention of fraud and abuse in TennCare. |
SB1387 / HB82 Prohibits TN from participating in Medicaid expansion.
| Category |
Tenncare |
| Sponsors |
Sen. Brian K. Kelsey / Rep. Jeremy Durham |
| Description |
Establishes 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 Status |
02/26/2013 - Referred to Senate Commerce & Labor Committee. |
| House Status |
02/05/2013 - Referred to House Insurance & Banking Subcommittee. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 4 and Title 71, relative to medical assistance. |
Tort Liability - 6
SB273 / HB967 Qualified protective orders in healthcare liability action.
| Category |
Tort Liability |
| Sponsors |
Sen. Brian K. Kelsey / Rep. Jeremy Durham |
| Description |
Requires the defendant in a legal action to return certain information to the healthcare provider or destroy any protected health information obtained by a qualified protective order at the end of the healthcare liability action litigation. Requires the qualified protective order to specify that participation by a treating healthcare provider is voluntary. |
| Fiscal Note |
(Dated: February 14 2013) Not Significant.
|
| Senate Status |
02/25/2013 - Senate passed. |
| House Status |
03/04/2013 - House passed. |
| Executive Status |
03/22/2013 - Enacted as Public Chapter 0023 effective July 1, 2013. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 29-26-121(f)(1)(C), relative to qualified protective orders in healthcare liability actions. |
SB274 / HB1058 Written expert testimony in health care liability action.
| Category |
Tort Liability |
| Sponsors |
Sen. Brian K. Kelsey / Rep. Jeremy Durham |
| Description |
Requires 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. |
| Amendment |
Senate 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 Status |
03/12/2013 - Failed in Senate Judiciary Committee (4-3-1) after adopting amendment 1 (004366). |
| House Status |
02/20/2013 - Referred to House Civil Justice Subcommittee. |
| Caption |
AN 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.
| Category |
Tort Liability |
| Sponsors |
Sen. Mark Green / Rep. Glen Casada |
| Description |
Limits 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 Status |
04/09/2013 - Senate Judiciary Committee deferred to the first calendar of 2014. |
| House Status |
03/20/2013 - Taken off notice in House Civil Justice Committee. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 29, Chapter 26, relative to medical malpractice resulting from emergency care. |
SB622 / HB197 Successor Corporation Asbestos-Related Liability.
| Category |
Tort Liability |
| Sponsors |
Sen. John Stevens / Rep. Andrew Farmer |
| Description |
Enacts the Successor Corporation Asbestos-Related Liability Fairness Act. Limits successor corporations' liability from certain asbestos-related actions to the corporation's fair market value of total gross assets at the time of the successor corporation merger or consolidation. Details computation of total gross assets. Exempted liabilities do not include workers compensations benefits, obligations under the National Labor Relations Act, and successors that continued in the asbestos-related business. Applies this act to all asbestos claims filed against a successor beginning on July 1, 2013 and all pending claims against such parties that a trial has not begun by July 1, 2013. |
| Amendment |
House amendment 1 (003572) requires that fair market value of total gross assets be established through "generally accepted accounting principles" instead of through "any method reasonable under the circumstances". |
| Fiscal Note |
(Dated: February 8 2013) Not Significant.
|
| Senate Status |
04/08/2013 - Senate passed. |
| House Status |
03/11/2013 - House passed with amendment 1. |
| Executive Status |
04/10/2013 - Sent to governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 29, Chapter 34, relative to successor corporation asbestos-related liabilities. |
SB715 Limits liability for certain skate rinks.
| Category |
Tort Liability |
| Sponsors |
Sen. Stacey Campfield |
| Description |
Provides 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 Status |
02/08/2013 - Referred to Senate Judiciary. |
| House Status |
None |
| Caption |
AN 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.
| Category |
Tort Liability |
| Sponsors |
Sen. Jim Tracy / Rep. Ryan A. Haynes |
| Description |
Phantom 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 Status |
03/19/2013 - Senate Judiciary Committee deferred to summer study. |
| House Status |
03/26/2013 - Taken off notice in House Civil Justice Subcommittee. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 24 and Title 29, relative to the recovery of tort damages. |
Transportation General - 1
SB465 / HB683 Railroads - broadly captioned.
| Category |
Transportation General |
| Sponsors |
Sen. Lowe Finney / Rep. Art Swann |
| Description |
Revises 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 Status |
03/20/2013 - Taken off notice in Senate Transportation & Safety Committee. |
| House Status |
02/06/2013 - Referred to House Business & Utilities Subcommittee. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 65, relative to railroads. |
Transportation Vehicles - 11
SB21 Texting while driving - civil action.
| Category |
Transportation Vehicles |
| Sponsors |
Sen. Brian K. Kelsey |
| Description |
Provides 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 Status |
03/07/2013 - Withdrawn in Senate. |
| House Status |
None |
| Caption |
AN 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.
| Category |
Transportation Vehicles |
| Sponsors |
Sen. Joey Hensley / Rep. Joe Carr |
| Description |
Requires 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 Status |
03/20/2013 - Senate Transportation & Safety Committee deferred to summer study. |
| House Status |
04/09/2013 - House Finance Subcommittee deferred to 2014. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 55, relative to proof of insurance. |
SB186 / HB180 DUI punishments clarified.
| Category |
Transportation Vehicles |
| Sponsors |
Sen. Mark S. Norris / Rep. Gerald McCormick |
| Description |
Requires that a person convicted of drunk driving for their first offense serve no less than forty-eight hours and no more than eleven months and twenty-nine days in jail and remove litter from public roadways for a period of twenty-four hours. Requires that a person convicted of drunk driving for their first offense with a BAC of .20 percent or more serve no less than seven days in jail and no more than eleven months and twenty-nine days. Also requires that person to remove litter from public roadways for a period of twenty-four hours. Requires that a person upon conviction for a second offense serve no less than forty-five days nor more than eleven months and twenty-nine days in jail. Requires a person upon conviction of a third offense to serve no less than one hundred twenty days nor more than eleven months twenty-nine days in jail. Requires a person upon conviction for a fourth or subsequent offense be sentenced as a felon to serve not less than one hundred fifty days in jail. If at the time of the offense the convicted person is accompanied by a child under eighteen years, the person's sentence shall be enhanced by a mandatory minimum period of thirty days in jail. Requires that person be punished for vehicular assault if that child sustains serious bodily injury and punished for vehicular homicide involving intoxication if that child is killed. Requires a minimum fine of $350 for a first offense, $600 for a second offense, $1,100 for a third offense, and $3,000 for a fourth or subsequent offense. Prohibits any convicted person from driving a vehicle for a period of one year for a first offense, two years for a second offense, six years for a third offense, and eight years for a fourth or subsequent offense. Prohibits a person from being considered a repeat offender if ten or more years have elapsed between violations. Requires the judge to order the installation of a functioning key ignition lock device as a condition of probation if the person was convicted and had a BAC of .15 or more, the person convicted was accompanied by a minor, the person was involved in a traffic accident, or the person violated the implied consent law. Allows the judge to impose additional conditions of probation for a convicted person, including participation in an alcohol and drug safety DUI school, a drug and alcohol assessment or treatment, and a victims impact panel program. Establishes that the vehicle used in the commission of a person's second or subsequent violation is subject so seizure and forfeiture. Establishes the offense of underage driving while impaired for any person age sixteen or over but under age twenty-one. Establishes the creation in the state treasury of a fund to be known as the interlock assistance fund, in which all money is used to pay for the costs associated with the lease, purchase, installation, removal, and maintenance of an ignition interlock device. (57pp.) (Part of Administration Package) |
| Amendment |
SENATE AMENDMENT 1 (003946) makes several technical corrections for citations and changes to current law. Corrects citation error that made enhancements applicable only to first offenses for DUI. Reinserts authority of local governments to utilize certain facilities as alternative facilities for the incarceration of an offender. Corrects a consolidation which would have resulted in defendants not receiving a printout of their driving record when they are entitled to it. Corrects a change that would have allowed the use of out of state vehicular homicide and vehicular assault conviction to those that involved an intoxicant. Adds a new subsection (f) to Section 7 of the bill to apply the same definition of what is considered a prior conviction to both DUI and implied consent offenses. Adds new subsection (c)(1)(B) to conform with current Tenn. Code Ann. §55-50-502(c) which allows a restricted license holder to attend probation meetings. Corrects change that would have removed persons who were convicted of a DUI in a commercial motor vehicle from being eligible for a restricted license. Restores current language allowing for the issuance of a restricted license to person convicted in another state of DUI and had Tennessee license suspended as a result. Corrects omission of court's ability to order an implied consent offender to maintain an ignition interlock with the person's restricted license. Rewrites subdivision (b)(2)(D) in Section 9 and subdivision (a)(2) in Section 16 to bring both into conformity with eligibility and restriction on persons requesting an ignition interlock device in lieu of a restricted license. SENATE AMENDMENT 2 (004668) makes a technical change. |
| Fiscal Note |
(Dated: March 3 2013) Not Significant.
|
| Senate Status |
03/21/2013 - Senate passed with amendment 1 and 2. |
| House Status |
04/01/2013 - House passed. |
| Executive Status |
04/04/2013 - Sent to governor. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 6; Title 7; Title 8; Title 9; Title 37; Title 38; Title 39; Title 40; Title 41; Title 42; Title 54 and Title 55, relative to driving under the influence. |
SB670 / HB353 Installation of ignition interlock devices.
| Category |
Transportation Vehicles |
| Sponsors |
Sen. Mae Beavers / Rep. Tony Shipley |
| Description |
Allows the court to order a person to operate only a motor vehicle that is equipped with a functioning ignition interlock device if at the time of the offense the defendant had a blood alcohol concentration of eight hundredths of one percent, instead of fifteen hundredths of one percent. |
| Amendment |
SENATE JUDICIARY COMMITTEE AMENDMENT 1 (005475) deletes the original bill. Amends Public Acts of 2013. Decreases, from 0.15 percent to 0.08 percent, the breath or blood alcohol concentration (BAC) that is considered an enhanced offense for purposes of issuing a restricted driver license. Requires any person issued a restricted driver license as a result of such enhancement to operate a motor vehicle equipped with an ignition interlock device (IID). Authorizes a trial judge to order the issuance of a restricted license to any person convicted of DUI. Deletes the requirement that a trial judge wait until the expiration of the revocation period prior to granting the issuance of a restricted license, provided such person operates a motor vehicle equipped with an IID. Requires the IID be capable of taking a photo, identifying the person providing the sample. Requires the Treasurer to determine the solvency of the Interlock Assistance Fund, and authorizes the Treasurer to declare a surplus, if there is a balance in excess of the amount necessary to maintain the solvency of the fund. Authorizes a person convicted of an offense prior to July 1, 2013, to petition the court to apply the law that is in effect at the time the petition is filed. Requires a person who obtains a restricted license as a result of an implied consent violation to operate a motor vehicle equipped with an IID. Effective upon becoming law, requires a person convicted of DUI who applies for a restricted license to operate a motor vehicle equipped with an IID to pay a program development fee of $8.00 to be used by the Department of Safety for implementation of this bill as amended. Terminates such fee on June 30, 2014. Sets an effective date of July 1, 2013. HOUSE CRIMINAL JUSTICE COMMITTEE AMENDMENT 1 (005096) deletes the original bill. Amends Public Acts of 2013. Decreases, from 0.15 percent to 0.08 percent, the breath or blood alcohol concentration (BAC) that is considered an enhanced offense for purposes of issuing a restricted driver license. Requires any person issued a restricted driver license as a result of such enhancement to operate a motor vehicle equipped with an ignition interlock device (IID). Authorizes a trial judge to order the issuance of a restricted license to any person convicted of DUI. Deletes the requirement that a trial judge wait until the expiration of the revocation period prior to granting the issuance of a restricted license, provided such person operates a motor vehicle equipped with an IID. Requires the IID be capable of taking a photo, identifying the person providing the sample. Requires a person who obtains a restricted license as a result of an implied consent violation to operate a motor vehicle equipped with an IID. Deletes the limitation requirements of a restricted license if an IID is installed. Sets an effective date of October 1, 2013. Authorizes a person convicted of an offense prior to October 1, 2013, to petition the court to apply the law that is in effect at the time the petition is filed. Effective upon becoming law, requires a person convicted of DUI who applies for a restricted license to operate a motor vehicle equipped with an IID to pay a program development fee of $8.00 to be used by the Department of Safety for implementation of this bill as amended. Terminates such fee on June 30, 2014. SENATE FINANCE AMENDMENT 1, HOUSE FINANCE AMENDMENT 1 (006314) deletes the original bill. Amends Public Acts of 2013. Decreases, from 0.15 percent to 0.08 percent, the breath or blood alcohol concentration (BAC) that is considered an enhanced offense for purposes of issuing a restricted driver license. Requires any person issued a restricted driver license as a result of such enhancement to operate a motor vehicle equipped with an ignition interlock device (IID). Authorizes a trial judge to order the issuance of a restricted license to any person convicted of DUI. Deletes the requirement that a trial judge wait until the expiration of the revocation period prior to granting the issuance of a restricted license, provided such person operates a motor vehicle equipped with an IID. Requires the IID be capable of taking a photo, identifying the person providing the sample. Requires the Treasurer to determine the solvency of the Interlock Assistance Fund, and authorizes the Treasurer to declare a surplus, if there is a balance in excess of the amount necessary to maintain the solvency of the fund. Authorizes a person convicted of an offense prior to July 1, 2013, to petition the court to apply the law that is in effect at the time the petition is filed. Requires a person who obtains a restricted license as a result of an implied consent violation to operate a motor vehicle equipped with an IID. Effective upon becoming law, requires a person convicted of DUI who applies for a restricted license to operate a motor vehicle equipped with an IID to pay a program development fee of $8.00. Terminates such fee on June 30, 2014. Sets an effective date of July 1, 2013. HOUSE FINANCE AMENDMENT 2 (006631) adds language to the bill as amended requiring all documents, records, information, and monitoring data to remain confidential and not available for public inspection |
| Fiscal Note |
(Dated: March 2 2013) Increase State Revenue - Exceeds $412,200/FY13-14/General Fund - Exceeds $549,600/FY14-15 and Subsequent Years/General Fund Decrease State Revenue - $7,200/FY14-15/Interlock Assistance Fund $1,300/FY14-15/THA $600/FY14-15/Office of Criminal Justice $300/FY14-15/ADAT Fund $300/FY14-15/Department of Safety $14,300/FY15-16 and Subsequent Years/Interlock Assistance Fund $2,600/FY15-16 and Subsequent Years/THA $1,200/FY15-16 and Subsequent Years/Office of Criminal Justice $600/FY15-16 and Subsequent Years/ADAT Fund $600/FY15-16 and Subsequent Years/Department of Safety - Increase State Expenditures - $622,700/FY13-14/General Fund $407,300/FY14-15 and Subsequent Years/General Fund $131,400/FY13-14/Interlock Assistance Fund $175,300/FY14-15 and Subsequent Years/Interlock Assistance Fund - Increase Local Revenue - $65,700/FY13-14 - Decrease Local Revenue - $194,200/FY14-15 - $475,900/FY15-16 and Subsequent Years - Decrease Local Expenditures - $670,800/FY14-15 - $1,341,600/FY15-16 and Subsequent Years.
|
| Senate Status |
04/15/2013 - Senate deferred to 04/16/2013. |
| House Status |
04/15/2013 - Set for House floor 04/16/2013. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 55, relative to ignition interlock. |
SB845 / HB594 Uninsured Motorist Identification Database Program.
| Category |
Transportation Vehicles |
| Sponsors |
Sen. Bill Ketron / Rep. Kelly Keisling |
| Description |
Creates 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 Status |
03/20/2013 - Taken off notice in Senate Transportation & Safety Committee. |
| House Status |
03/20/2013 - House Transportation Subcommittee deferred to 2014. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 55 and Title 56, relative to financial responsibility. |
SB949 DUI - administrative revocation process.
| Category |
Transportation Vehicles |
| Sponsors |
Sen. Randy McNally |
| Description |
Creates 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 Status |
02/08/2013 - Referred to Senate Judiciary. |
| House Status |
None |
| Caption |
AN 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.
| Category |
Transportation Vehicles |
| Sponsors |
Sen. Charlotte Burks / Rep. John Mark Windle |
| Description |
Revises 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 Status |
02/08/2013 - Referred to Senate Transportation & Safety Committee. |
| House Status |
02/27/2013 - Taken off notice in House Transportation Subcommittee. |
| Caption |
AN 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.
| Category |
Transportation Vehicles |
| Sponsors |
Sen. James F. Kyle Jr. / Rep. Bo Mitchell |
| Description |
Requires 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. |
| Amendment |
House 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 Status |
04/08/2013 - Re-referred to Senate Calendar Committee on 04/08/2013. |
| House Status |
04/02/2013 - House State Government Committee deferred to the first calendar of 2014 after adopting amendment 1. |
| Caption |
AN 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.
| Category |
Transportation Vehicles |
| Sponsors |
Sen. Mark Green / Rep. Kelly Keisling |
| Description |
Creates 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 Status |
03/13/2013 - Taken off notice in Senate Transportation & Safety Committee. |
| House Status |
04/02/2013 - Taken off notice in House Transportation Committee. |
| Caption |
AN 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.
| Category |
Transportation Vehicles |
| Sponsors |
Sen. Mae Beavers / Rep. Jon Lundberg |
| Description |
Expands 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 Status |
03/12/2013 - Senate Judiciary Committee deferred to last calendar. |
| House Status |
02/21/2013 - Referred to House State Government Subcommittee. |
| Caption |
AN 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. |
HB853 Second offense DUI - ability to drive with ignition interlock device.
| Category |
Transportation Vehicles |
| Sponsors |
Rep. William G. Lamberth |
| Description |
Requires 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 Status |
None |
| House Status |
03/12/2013 - Taken off notice in House Criminal Justice Subcommittee. |
| Caption |
AN 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. |
Utilities - 1
SB1180 / HB972 TRA's power to regulate telecommunications providers.
| Category |
Utilities |
| Sponsors |
Sen. Mark S. Norris / Rep. Gerald McCormick |
| Description |
Removes language that states that universal service, consisting of residential basic local exchange telephone service at affordable rates and carrier- of-last-resort obligations must be maintained after the local telecommunications markets are opened to competition. Specifies that, in respect to extensions of facilities, no market-regulated carrier is subject to TRA jurisdiction in any wire center or geographic area for which the carrier has filed notice. Removes TRA jurisdiction over certificated providers electing market regulation in respect to the Life Line or Link Up programs, specific customer complaints regarding residential telecommunications service, and Certificates of Public Convenience and Necessity. Prohibits the TRA from creating any new programs mandating discounts on retail telecommunications services or equipment without providing reimbursement to carriers. Sunsets, 60 days following the effective date of this bill, any such unfunded discount program mandated by the TRA or Public Service Commission currently in place, except those providing services for the hearing impaired. Specifically prohibits the TRA from imposing requirements related to Certificate of Public Convenience and Necessity on any market-regulated entity or its affiliate. Removes requirement for price adjustments or revenue distribution when a telecommunications business or cooperative has net tax savings due to payments from the telecommunications ad valorem tax reduction fund. |
| Amendment |
House amendment 1 (003483) corrects statutory references and changes "sunset" to "terminate." Senate amendment 1 (003589) deletes the language "(h)(13)" in subdivision (13) in Section 2 of the bill and substitutes instead the language "(n)(13)". |
| Fiscal Note |
(Dated: February 19 2013) Not Significant.
|
| Senate Status |
03/07/2013 - Senate concurred in House amendment 1. |
| House Status |
03/04/2013 - House passed with amendment 1 (003483), which corrects statutory references and changes "sunset" to "terminate." |
| Executive Status |
04/03/2013 - Enacted as Public Chapter 0061 effective March 26, 2013. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 65 and Title 67, relative to regulation of telecommunications by the Tennessee regulatory authority. |
Veterans & Military Affairs - 2
SB255 Expedites issuance of certain licenses for service members.
| Category |
Veterans & Military Affairs |
| Sponsors |
Sen. Mark Green |
| Description |
Requires 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 Status |
01/30/2013 - Withdrawn in Senate. |
| House Status |
None |
| Caption |
AN 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. |
SB493 / HB422 Expedited issuance of certain licenses for military spouses.
| Category |
Veterans & Military Affairs |
| Sponsors |
Sen. Mark Green / Rep. Joe Pitts |
| Description |
Extends the present law mechanism for expediting the issuance of professional and occupational licenses to certain spouses of military service members to also apply to certain military service members who leave active duty in good standing. Requires the health related boards and the boards attached to the division of regulatory boards to accept military education, training or experience toward professional and occupational licensure requirements. Also requires the health related boards and the boards attached to the division of regulatory boards to keep active service members' licenses temporarily renewed under certain circumstances. Requires the state's public higher education institutions to implement a system of awarding academic credit for certain military education, training or experience. Requires the health related boards and the boards attached to the division of regulatory boards, along with the board of trustees of the University of Tennessee system and the board of regents, to promulgate rules to effectuate the purposes of this bill. |
| Amendment |
Senate amendment 1 (003417) adds the Emergency Medical Services Board to the health-related and professional boards applicable under this act. House amendment 2 (003753) rewrites the provisions governing renewal of a license, permit or certification issued by a board, commission or agency attached to the division of regulatory boards in regard to a service member called to active duty. Under this amendment, the license, certification or permit issued by a board, commission or agency attached to the division of regulatory boards of any member of the national guard or a reserve component of the armed forces of the United States called to active duty that expires during the period of activation will be eligible to be renewed upon the licensee being released from active duty without: (1) Payment of late fees or other penalties; (2) Obtaining continuing education credits when circumstances associated with the person's military duty prevented the obtaining of continuing education credits and a waiver request has been submitted to the appropriate regulatory board; or the person performs the licensed or certified occupation as part of such person's military duties and provides documentation to the appropriate regulatory board; or (3) Performing any other act typically required for the renewal of the license or certification. The license, certification or permit will be eligible for renewal pursuant to this amendment for six months from the person's release from active duty. Any person to whom this amendment applies must provide the regulatory board which issued the license, permit or certification such supporting documentation evidencing activation as may be required by the regulatory board prior to the renewal of any license pursuant to this amendment. |
| Fiscal Note |
(Dated: February 11 2013) Not Significant.
|
| Senate Status |
03/21/2013 - Senate concurred in House amendment 2. |
| House Status |
03/11/2013 - House passed with amendment 2. |
| Caption |
AN 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 - 10
SB124 / HB136 Information about employer workers' compensation policies.
| Category |
Workers Compensation |
| Sponsors |
Sen. Bill Ketron / Rep. Jimmy A. Eldridge |
| Description |
Permits the commissioner of the department of labor and workforce development to obtain information regarding employer workers' compensation insurance policies in order to ensure compliance with the law. Specifies that such information is confidential and shall not constitute a public record. Broadly captioned. |
| Fiscal Note |
(Dated: February 4 2013) Not Significant.
|
| Senate Status |
02/21/2013 - Senate passed. |
| House Status |
03/07/2013 - House passed. |
| Executive Status |
04/03/2013 - Enacted as Public Chapter 0050 effective March 26, 2013. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 10; Title 50 and Title 56, relative to insurance. |
SB200 / HB194 Workers compensation changes.
| Category |
Workers Compensation |
| Sponsors |
Sen. Mark S. Norris / Rep. Gerald McCormick |
| Description |
Makes various technical changes to present law concerning workers' compensation. Requires the administrator of the division of workers' compensation to have a minimum of seven years' credible experience in the field of workers' compensation, instead of five years of experience. Present law requires any settlement of a state employee's workers' compensation claim to be approved by either a claims commissioner or by the commissioner of labor and workforce development or the commissioner's designee. This bill instead requires that state employees' settlements be approved by either a claims commissioner or a workers' compensation specialist. Changes the time within which a state employee may file a claim for workers' compensation benefits with the claims commission from within 90 days of the filing of an impasse report identifying unresolved issues by a workers' compensation specialist to within 75 days of exhaustion of the benefit review process. Under present law, if any legal or administrative entity that is created by an agreement between governmental entities to pool their resources to provide workers' compensation coverage participates in the second injury fund and then ceases participation, either the second injury fund remains liable for a claim for injuries to an employee insured by the entity that occurred prior to the termination of participation and for which benefits had not been paid prior to the termination; provided, that the legal or administrative entity must promptly reimburse the second injury fund for the actual amount of any such benefits subsequently paid by the second injury fund; or, within 30 days of the cessation of such participation, the legal and administrative entity may elect to assume complete liability for the claim thereby releasing the second injury fund from any duty to defend or liability, but in either case, the recovery by any employee must not be reduced or defeated. This bill changes the time within which the legal or administrative entity that ceases participation in the second injury fund may elect to assume complete liability for a claim from within 30 days of the cessation of participation in the fund to within 45 days of such cessation. Under present law, a sole proprietor or partner in a business who devotes full time to the proprietorship or partnership and elects to be included in the definition of employee by filing written notice of the election with the division of workers' compensation at least 30 days before the occurrence of any injury or death is considered an "employee" for purposes of the injury or death being covered by workers' compensation. This bill requires that a sole proprietor or partner must file the notice of election to be covered as an employee at least 45 days before the injury date in order for the injury or death to be covered. Deletes the present law requirement that an insurer must file written notice with the division of workers' compensation, which must then notify the employer, whenever it appears that the amount of a workers' compensation claimant's medical benefits will exceed $5,000. Changes the time within which an employee must report an occupation disease to the employer, in order for the disease to be compensable as a workers' compensation injury, from within 30 days after the first distinct manifestation of the disease to within 45 days after the first distinct manifestation of the disease. Broadly captioned. (Part of Administration Package) |
| Amendment |
SENATE AMENDMENT 1 (004568) deletes all language after the enacting clause. Effective upon becoming law for implementation purposes. Effective January 1, 2014, for all other purposes. Deletes and rewrites workers' compensation law. Separates the Division of Workers' Compensation (DWC) from the Department of Labor and Workforce Development, except for administrative matters only. Requires the Administrator of the DWC to be appointed by the Governor for a six-year term. Defines "maximum total benefits" for injuries occurring on, or after July 1, 2014, as 450 times 100 percent of the state's average weekly wage. Authorizes the Administrator to assess a fee up to $250 for an appeal of any utilization review decision. Authorizes certain civil penalties for violations of workers' compensation law. Decreases, from 15 to 7, the number of voting members on the medical payment committee. Requires the appointment of a medical advisory committee. Establishes an alternative dispute method for resolving claims with a workers' compensation mediator. Creates the Court of Workers' Compensation Claims composed of judges for the adjudication of claims. Requires the Governor to appoint three judges to serve six-year terms. Authorizes a workers' compensation judge to assess discretionary fees for depositions of medical experts. Authorizes an appeal to a panel of three judges, including one member of the Supreme Court of Tennessee. Replaces the workers' compensation specialist program with a mediator program to assist employees and employers to conduct alternative dispute resolutions. Establishes an ombudsman program to assist employees and employers that are not represented by an attorney in a claim. Authorizes the Administrator to charge a filing fee sufficient to offset the costs of administering the program. Requires an education and training program for mediators, judges, and ombudsmen. SENATE AMENDMENT 2 (004912) corrects typographical errors. SENATE AMENDMENT 3 (005511) specifies that chiropractors are included with treating physicians in the provisions of this bill as amended. HOUSE AMENDMENT 2 (005813) makes the same changes as Senate Amendments 2 and 3 and makes various technical changes to the bill. HOUSE AMENDMENT 14 (006816) revises the provisions regarding the division's review of the impact of this bill to require review by July 1, 2015, and annually thereafter, rather than by July 1, 2017 and annually thereafter through July 2020, and to require a report of the review's findings to the members of the general assembly. Schedules the division of workers' compensation in the sunset cycle for June 30, 2018. |
| Fiscal Note |
(Dated: February 21 2013) Not Significant.
|
| Senate Status |
04/11/2013 - Set for Senate Message Calendar 04/15/13. |
| House Status |
04/11/2013 - House passed with amendments 2 & 14. AMENDMENT 2 (005813) makes the same changes as Senate Amendments 2 and 3 and makes various technical changes to the bill. AMENDMENT 14 (006816) revises the provisions regarding the division's review of the impact of this bill to require review by July 1, 2015, and annually thereafter, rather than by July 1, 2017 and annually thereafter through July 2020, and to require a report of the review's findings to the members of the general assembly. Schedules the division of workers' compensation in the sunset cycle for June 30, 2018. |
| Executive Status |
02/28/2013 - Workers' Compensation Advisory Council recommended with three additional bill recommendations regarding an enactment date beginning in 2014, certain additional prior notice to be given to the council, and the council's inclusion to give advise for choosing certain persons. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 4, Chapter 3, Part 14; Title 9, Chapter 8, Part 3; Title 9, Chapter 8, Part 4; Title 29, Chapter 20, Part 4; Title 50, Chapter 6, Part 1; Title 50, Chapter 6, Part 2 and Title 50, Chapter 6, Part 3, relative to the improvement of workers'compensation system. |
SB432 / HB864 Third party actions against tortfeasors under Workers Comp Act.
| Category |
Workers Compensation |
| Sponsors |
Sen. Doug Overbey / Rep. Ron Lollar |
| Description |
Specifies that the exclusive remedy provision of the Workers' Compensation Act does not limit third party actions against tortfeasors. |
| Amendment |
SENATE COMMERCE & LABOR COMMITTEE AMENDMENT 1 (003849) rewrites the bill. Entitles an employee who leaves the state incidental to the employee's employment and who receives an accidental injury arising out of the course and scope of employment to workers' compensation benefits. Exempts certain employees from other state from the requirements of workers' compensation law. Exempts certain employees and employers from Tennessee from the requirements of other states. SENATE COMMERCE & LABOR COMMITTEE AMENDMENT 2 (003958) adds language to the bill, as amended, requiring a certificate from the authorized officer of another state, certifying that the employer is insured in that state. Authorizes the Administrator of the Division of Workers' Compensation to issue certificates for employers in Tennessee. SENATE FINANCE AMENDMENT 1, HOUSE FINANCE AMENDMENT 1 (006450) Deletes all language after the enacting clause. Entitles an employee who leaves the state incidental to the employee's employment and who receives an accidental injury arising out of the course and scope of employment to workers' compensation benefits. Exempts certain Employees and employers from other states from the requirements of workers' compensation law. Exempts certain employees and employers, from Tennessee, from the requirements of other states. Adds language to the bill requiring a certificate from the authorized officer of another state, certifying that the employer is insured in that state. Authorizes the Department of Commerce and Insurance to issue certificates to employers in Tennessee. Requires a filing fee of $100 payable to the Department of Commerce and Insurance. HOUSE CONSUMER & HUMAN RESOURCES COMMITTEE AMENDMENT 1 (005226) deletes all language after the enacting clause. Entitles an employee who leaves the state incidental to the employee's employment and who receives an accidental injury arising out of the course and scope of employment to workers' compensation benefits. Exempts certain employees and employers from other states from the requirements of workers' compensation law. Exempts certain employees and employers, from Tennessee, from the requirements of other states. Adds language to the bill requiring a certificate from the authorized officer of another state, certifying that the employer is insured in that state. Authorizes the Administrator of the Division of Workers' Compensation to issue certificates for employers in Tennessee. |
| Fiscal Note |
(Dated: February 18 2013) Not Significant.
|
| Senate Status |
04/15/2013 - Senate deferred to 04/16/2013. |
| House Status |
04/15/2013 - Set for House floor 04/16/2013. |
| Executive Status |
02/28/2013 - Workers' Compensation Advisory Council recommended. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 50, relative to workers' compensation. |
SB616 / HB327 Removes some medical conditions under the workers' compensation law.
| Category |
Workers Compensation |
| Sponsors |
Sen. Ken Yager / Rep. Charles Curtiss |
| Description |
Excludes 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 Status |
03/19/2013 - Taken off notice in Senate Commerce & Labor Committee. |
| House Status |
03/20/2013 - House Consumer & Human Resources Subcommittee deferred to 03/27/13. |
| Executive Status |
02/28/2013 - Workers' Compensation Advisory Council deferred to next meeting. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 50, Chapter 6, relative to workers' compensation. |
SB688 Review of reform legislation.
| Category |
Workers Compensation |
| Sponsors |
Sen. Reginald Tate |
| Description |
Requires 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 Status |
03/19/2013 - Taken off notice in Senate Commerce & Labor Committee. |
| House Status |
None |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 50, relative to workers' compensation. |
SB777 / HB666 Repeals the workers' compensation review committee.
| Category |
Workers Compensation |
| Sponsors |
Sen. Steven Dickerson / Rep. Dale Carr |
| Description |
Repeals the workers' compensation review committee. |
| Fiscal Note |
(Dated: March 8 2013) Not Significant.
|
| Senate Status |
02/08/2013 - Referred to Senate Commerce & Labor Committee. |
| House Status |
02/07/2013 - Reassigned to House Government Operations. |
| Executive Status |
02/28/2013 - Workers' Compensation Advisory Council did not consider this bill. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Section 50-6-623, relative to the workers' compensation review committee. |
SB1185 / HB439 Deletes reference to annual report.
| Category |
Workers Compensation |
| Sponsors |
Sen. Jim Tracy / Rep. Pat Marsh |
| Description |
Deletes 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 Status |
02/13/2013 - Referred to Senate Commerce & Labor Committee. |
| House Status |
02/05/2013 - Referred to House Consumer & Human Resources Subcommittee. |
| Executive Status |
02/28/2013 - Workers' Compensation Advisory Council deferred to next meeting. |
| Caption |
AN 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. |
SB1275 / HB1159 Changes references from commissioner to administrator.
| Category |
Workers Compensation |
| Sponsors |
Sen. Mark S. Norris / Rep. Gerald McCormick |
| Description |
Changes references from "commissioner" to "administrator" throughout the Workers' Compensation Law, whenever the reference is to the commissioner of labor and workforce development in the code as supplements are issued and volumes are replaced. |
| Amendment |
SENATE AMENDMENT 1 (004144) adds language to the original bill. Deletes chapter definition for "benefit review conference" from worker's compensation law. Requires a petition be filed rather than filing a request for review by the Department of Labor and Workforce Development. Makes technical corrections to workers' compensation law that will only be relevant upon passage of SB200 – HB194 of the 108th General Assembly. SENATE AMENDMENT 2 (004599) changes the effective date to July 1, 2014. |
| Fiscal Note |
(Dated: February 27 2013) Not Significant.
|
| Senate Status |
04/01/2013 - Senate passed with amendments 1 and 2. |
| House Status |
04/11/2013 - House passed. |
| Executive Status |
04/11/2013 - Sent to the speakers for signatures. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 50, Chapter 6, relative to the workers' compensation system. |
SB1364 / HB1102 Providing of impairment ratings for mental injuries.
| Category |
Workers Compensation |
| Sponsors |
Sen. Reginald Tate / Rep. Gary Odom |
| Description |
Authorizes 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 Status |
03/19/2013 - Taken off notice in Senate Commerce & Labor Committee. |
| House Status |
02/20/2013 - Referred to House Consumer & Human Resources Subcommittee. |
| Executive Status |
02/28/2013 - Workers' Compensation Advisory Council recommended against passage. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 50, Chapter 6, relative to workers' compensation. |
HB573 Excludes certain conditions under workers compensation.
| Category |
Workers Compensation |
| Sponsors |
Rep. John Mark Windle |
| Description |
Excludes 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 Status |
None |
| House Status |
03/20/2013 - Taken off notice in House Consumer & Human Resources Subcommittee. |
| Caption |
AN ACT to amend Tennessee Code Annotated, Title 50, Chapter 6, relative to workers compensation. |
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