Watch List

Bills of interest to the Tennessee legal community

(Updated January 30, 2015)


Bills of interest to the Tennessee legal community. To gain more information between updates, visit the General Assembly's web site. There you'll also find contact information on each senator and representative.


Banking & Credit - 1


SB93 / HB82 Commissioner's authority relative to Flexible Credit Act.
CategoryBanking & Credit
SponsorsSen. Mark S. Norris / Rep. Gerald McCormick
DescriptionRemoves commissioner of financial institutions' authority to use a multi-state automated licensing system for gathering information as authorized by the Flexible Credit Act.
Senate Status01/17/2015 - Held on Senate clerk's desk pending committee appointments.
House Status01/17/2015 - Held on House clerk's desk pending committee appointments.

Campaigns & Lobbying - 2


SB141 Lobbyists - contacting a legislator during session or committee.
CategoryCampaigns & Lobbying
SponsorsSen. Reginald Tate
DescriptionProhibits a lobbyist or any employee or employer of a lobbyist from knowingly sending a text message or placing a telephone call to an official of the legislative branch while the official is participating in a legislative committee meeting or floor session, except in response to a prior request by the official.
Senate Status01/17/2015 - Introduced in the Senate.
House StatusNone
SB183 / HB158 Little Hatch Act - public school employees.
CategoryCampaigns & Lobbying
SponsorsSen. Joey Hensley / Rep. Glen Casada
DescriptionMakes the "Little Hatch Act" applicable to teachers. Defines "teacher" as any person employed in a public school system as a teacher, helping teacher, teacher's aide, librarian, principal, supervisor, director of schools, or member of the administrative staff. Prohibits a teacher from displaying campaign literature, banners, stickers or other political advertising on the premises of any building or land owned by an LEA.
Senate StatusNone
House Status01/27/2015 - Filed for Introduction.

Commercial Law - 1


SB290 / HB184 Tennessee Truth in Caller ID Act.
CategoryCommercial Law
SponsorsSen. Jim Tracy / Rep. Art Swann
DescriptionCreates an offense for a person, in connection with a telecommunications service or an interconnected VoIP service, to knowingly cause any caller ID service to transmit misleading or inaccurate caller ID information to a subscriber with the intent to defraud or cause harm to another person or to wrongfully obtain anything of value. Specifies that a first violation is a Class B misdemeanor and a second or subsequent violation is a Class A misdemeanor. Clarifies that this section does not apply to authorized law enforcement activity or any lawfully authorized investigative or intelligence activity of the United States, this state or another state.
Senate StatusNone
House Status01/28/2015 - Filed for Introduction.

Corrections - 1


SB289 / HB133 Lawsuits by inmates - venue.
CategoryCorrections
SponsorsSen. John Stevens / Rep. William G. Lamberth
DescriptionRequires that when a plaintiff inmate's action accrued while housed in a facility operated by a private corporation in contract with the state or local government, the action must be brought in the county in which the facility is located.
Senate StatusNone
House Status01/20/2015 - Filed for Introduction.

Criminal Law - 8


SB30 / HB45 Aggravated vehicular homicide - serving sentence imposed.
CategoryCriminal Law
SponsorsSen. Doug Overbey / Rep. Dale Carr
DescriptionRequires a person who commits aggravated vehicular homicide on or after July 1, 2015, to serve 85 percent of the sentence imposed before becoming eligible for release. Provides that no sentence reduction credits shall reduce below 70 percent the percentage of sentence the person must serve before becoming eligible.
Senate Status01/16/2015 - Held on Senate clerk's desk pending committee appointments.
House Status01/16/2015 - Held on House clerk's desk pending committee appointments.
SB31 / HB44 Elevated offense of hit and run with a motor vehicle.
CategoryCriminal Law
SponsorsSen. Doug Overbey / Rep. Dale Carr
DescriptionEnhances the offense of hit and run with a motor vehicle from a Class A misdemeanor to a Class E felony when the driver knew or should have known that death or serious bodily injury resulted from the accident. Allows trier of fact to infer that driver failing to stop knew or should have known that the accident resulted in death or serious bodily injury if the accident involved a vulnerable user of the highway.
Senate Status01/16/2015 - Held on Senate clerk's desk pending committee appointments.
House Status01/16/2015 - Held on House clerk's desk pending committee appointments.
SB99 / HB88 Revising registry of abused, neglected, or misappropriated property.
CategoryCriminal Law
SponsorsSen. Mark S. Norris / Rep. Gerald McCormick
DescriptionDefines "abuse" and "neglect" as used for the registry of persons who have abused, neglected, or misappropriated the property of vulnerable individuals. Directs commissioner of health to create rules for the administration of maintaining the registry. Extends time to appeal inclusion on registry to 60 days after notification of inclusion on registry.
Senate Status01/17/2015 - Held on Senate clerk's desk pending committee appointments.
House Status01/17/2015 - Held on House clerk's desk pending committee appointments.
SB147 Financial exploitation of an adult is a Class D felony.
CategoryCriminal Law
SponsorsSen. Thelma Harper
DescriptionDefines "adult," "caretaker," "exploit" and "relative" for purposes of establishing the offense of financial exploitation of an adult by a caretaker. Creates a Class D felony for financial exploitation of an adult by a caretaker. Allows a court to freeze the funds, assets or property of a defendant, who is charged with taking property valued at more than $5,000, until criminal proceedings are complete. Permits recovery via civil action for financial exploitation of an adult by a caretaker. Broadly captioned.
Senate Status01/20/2015 - Filed for Introduction.
House StatusNone
SB180 Terrorism related property is subject to forfeiture.
CategoryCriminal Law
SponsorsSen. Bill Ketron
DescriptionEstablishes that property used in the course of, intended for use in the course of, derived from, or realized through certain terrorist acts is subject to forfeiture. Provides that a person injured as a result of certain terrorist acts, and a law enforcement agency or other governmental agency that participated in the investigation, mitigation, seizure, or forfeiture process for such terrorist acts, may be entitled to costs and damages, and the property seized may be used as compensation. Provides that the allocation of proceeds in such an instance shall be paid to claimants in a specified order. Establishes that the limitations period for a claim brought under this act is five years from the date of discovery. Broadly Captioned.
Senate Status01/27/2015 - Filed for Introduction.
House StatusNone
HB153 Unmanned aircraft surveillance of open-air venues without permission.
CategoryCriminal Law
SponsorsRep. Michael Harrison
DescriptionProhibits use of an unmanned aircraft to capture an image of an individual or event at an open-air venue that can hold more than 100 people without the permission of the venue's owner or operator. Broadly captioned.
Senate StatusNone
House Status01/27/2015 - Filed for Introduction.
HB196 Fines imposed - abuse of person over 60 years old.
CategoryCriminal Law
SponsorsRep. Brenda Gilmore
DescriptionRequires a fine in an amount between $50 to $200 be imposed on a person convicted of abuse, neglect, or exploitation of an adult if the victim was over 60 years of age. Requires such fines be appropriated by the general assembly to fund services and programs for senior citizens.
Senate StatusNone
House Status01/29/2015 - Filed for Introduction.
HB200 Tolling statute of limitations for civil actions.
CategoryCriminal Law
SponsorsRep. William G. Lamberth
DescriptionTolls the statute of limitations for civil actions if a criminal prosecution commences from the same acts or conduct. Establishes a 10-year statute of repose for actions tolled under this act. Allows filing for up to one year after the criminal case ends.
Senate StatusNone
House Status01/29/2015 - Filed for Introduction.

Education - 8


SB4 Tennessee standards commission for education.
CategoryEducation
SponsorsSen. Dolores R. Gresham
DescriptionEstablishes the Tennessee Standards Commission for the purpose of recommending curriculum standards to the state board of education (the board) for adoption. Outlines the requirements for the appointment of members, such as requiring appointments from each grand division of the state, the term limits of the members and their confirmation, which must done through joint resolution of the general assembly. Establishes the criteria that must be considered by the commission for the recommendation of standards. Provides that the proposed standards shall be posted for public review prior to being adopted by the board. As soon as practicable after the initial meeting, the commission is required to recommend changes to the English language arts and mathematics standards in use during the 2014-2015 school year, and shall strive to limit the number of high stakes assessments administered. Further provides that the commission shall make recommendations to the board regarding advanced placements (AP) courses. The board or the department of education is required to cancel any memorandum of understanding with regards to Common Core standards entered into with the National Governor's Association and the Council of Chief State School Officers.
Senate Status01/14/2015 - Held on Senate clerk's desk pending committee appointments.
House StatusNone
SB10 / HB10 U.S. citizenship test requirement for high school graduation.
CategoryEducation
SponsorsSen. Mark S. Norris / Rep. Gerald McCormick
DescriptionRequires that students pass the United States citizenship and immigration services' civics test with a score of at least 60 percent in order to receive a regular high school diploma.
Senate Status01/14/2015 - Held on Senate clerk's desk pending committee appointments.
House Status01/14/2015 - Caption bill held on House clerk's desk pending committee appointments.
SB27 / HB138 Individualized Education Act.
CategoryEducation
SponsorsSen. Dolores R. Gresham / Rep. Debra Moody
DescriptionEnacts the "Individualized Education Act" for eligible special needs students, whereby funds will be provided for them to be educated at nonpublic schools. Provides that a parent of an eligible student will qualify to participate in the individualized education account (IEA) program if the parent signs an agreement promising to provide an education for the qualified student in at least the subjects of reading, grammar, mathematics, social studies and science; and not to enroll the student in a public school and to release the LEA in which the student resides from all obligations to educate the student. Establishes that participation in the program will have the same effect as a parental refusal to consent to the receipt of services under the Individuals with Disabilities Education Act. Prohibits funds in an IEA to be used to purchase computer hardware or other technological devices. Establishes that any funds remaining in a student's IEA upon graduation from high school may be used to take courses from an eligible post-secondary institution. Establishes that the funds in an IEA may only be used for educational purposes. Requires participating schools, post-secondary institutions and education providers that enroll participating students to provide parents with a receipt for all qualifying expenses at the school or institution. Allows the department to deduct an amount up to a limit of three percent from appropriations used to fund IEAs to cover the costs of overseeing the funds and administering the program. Provides that participating schools shall: 1. Comply with all health and safety laws that apply to nonpublic schools; 2. Certify that they will not discriminate against students or applicants on the basis of color, race, or national origin; and 3. Conduct criminal background checks on employees and exclude any person not permitted by the state to work in a nonpublic school or who might reasonably pose a threat to the safety of students. Specifies that participating nonpublic schools and education providers will be given the maximum freedom to provide for the educational needs of their students without governmental control.
Senate Status01/16/2015 - Held on Senate clerk's desk pending committee appointments.
House StatusNone
SB29 / HB37 Prohibited restraints in special education services.
CategoryEducation
SponsorsSen. Joey Hensley / Rep. Bill Dunn
DescriptionProhibits the use of prone restraint on students receiving special education. Defines prone restraint as "restraint in which a student is held face down on the floor or other surface, and physical pressure is applied to the student's body for the purpose of controlling the student's movement."
Senate Status01/16/2015 - Held on Senate clerk's desk pending committee appointments.
House Status01/16/2015 - Held on House clerk's desk pending committee appointments.
SB56 TN Promise scholarship for members of national guard and military.
CategoryEducation
SponsorsSen. Mark Green
DescriptionAllows students who are eligible for the Tennessee Promise scholarship, but who cannot enroll in and attend college in the fall semester after completion of high school because of certain military commitments, to enroll in and attend college in the first term beginning after completion of the student's military commitments without loss of Promise scholarship eligibility.
Senate Status01/16/2015 - Held on Senate clerk's desk pending committee appointments.
House StatusNone
SB61 / HB60 Study committee on transition to free, online textbooks.
CategoryEducation
SponsorsSen. Mark Green / Rep. Mike Sparks
DescriptionCreates a special joint legislative study committee to evaluate and make recommendations relative to a transition from traditional textbooks for general education courses to open textbooks and course materials by the state institutions of higher education.
Senate Status01/16/2015 - Held on Senate clerk's desk pending committee appointments.
House Status01/17/2015 - Held on House clerk's desk pending committee appointments.
SB122 Tennessee Choice and Opportunity Scholarship Act.
CategoryEducation
SponsorsSen. Brian K. Kelsey
DescriptionEstablishes a scholarship program for eligible students to attend participating private K-12 schools. An "eligible student" is a student who: (1) Resides in Tennessee and is zoned to attend or enrolled in a public school that is identified as being in the bottom five percent of schools in overall achievement; (2) Meets the minimum age requirements to attend kindergarten with eligibility extending until the student graduates from high school, except that the student must be less than 22 years of age by August 15 of each year; (3) Is a member of a household whose annual income during the year prior to initial receipt of a scholarship met the requirements for free or reduced price lunch; and (4) Was previously enrolled in a Tennessee public school during the two semesters preceding the semester in which the student receives the scholarship, is enrolling in a Tennessee school for the first time, or received a scholarship pursuant to this bill in the previous school year. Specifies requirements for private schools to participate in the program, including, but not limited to, being identified as a category I, II or III school, and providing lunch to scholarship students at no cost or at a reduced cost. Details the total number of scholarships that may be awarded for each school year: (1) 5,000 for the 2015-2016; (2)7,500 for 2016-2017; (3) 10,000 for 2017-2018; and 20,000 for 2018-2019 and thereafter. If a participating school demonstrates achievement growth for scholarship students at a level of "significantly below expectations" for two consecutive years or the department determines the school has failed to comply with this bill, then the commissioner of education may suspend or terminate a school's participation in the program. Provides that if a participating school is suspended or terminated from the program, or if the school otherwise withdraws from the program, scholarship students enrolled at the school may transfer to another participating school without loss of eligibility and such students would be given preference for enrollment. Provides that a local board of education may adopt local qualifications for a scholarship. (12 pp.)
Senate Status01/17/2015 - Held on Senate clerk's desk pending committee appointments.
House StatusNone
HB168 Pre-kindergarten programs - LEAs to encourage music and art.
CategoryEducation
SponsorsRep. Bill Dunn
DescriptionEncourages LEAs to incorporate music and art in their pre-kindergarten programs. Broadly Captioned.
Senate StatusNone
House Status01/28/2015 - Filed for Introduction.

Environment & Nature - 1


SB205 / HB135 Killing or injuring a threatening wild animal in self-defense.
CategoryEnvironment & Nature
SponsorsSen. Frank Niceley / Rep. Jeremy Faison
DescriptionSpecifies that a person is legally justified in using self-defense to kill or injure a threatening wild animal when the person reasonably believes the action is necessary to protect the person or any other individual against an imminent attack by the wild animal that will likely result in serious bodily injury or death. Also specifies that it is not an offense to kill or injure a threatening wild animal when the person reasonably believes the action is necessary to protect the person's property from imminent harm. Requires such person to notify the Tennessee Wildlife Resources Agency within 12 hours after killing or seriously injuring a wild animal pursuant to this section. Prohibits the killed wild animal from being removed from the site, repositioned, retained or sold. Specifies that failure to notify the agency or removing the animal is a Class D misdemeanor.
Senate StatusNone
House Status01/21/2015 - Filed for Introduction.

Family Law - 1


SB101 / HB90 Forgiving accrued principal and interest on child support.
CategoryFamily Law
SponsorsSen. Mark S. Norris / Rep. Gerald McCormick
DescriptionAuthorizes child support obligor to enter into a written compromise and settlement to forgive accrued principal and interest on delinquent child support balance with the approval of the court and the obligee. Specifies the requirements and procedures for entering into a child support settlement agreement. Requires child support settlement to be in the best interests of the child or children.
Senate Status01/17/2015 - Held on Senate clerk's desk pending committee appointments.
House Status01/17/2015 - Held on House clerk's desk pending committee appointments.

Government Contracts - 1


SB95 / HB84 Cooperative purchasing agreements and the procurement of services.
CategoryGovernment Contracts
SponsorsSen. Mark S. Norris / Rep. Gerald McCormick
DescriptionAuthorizes public institutions of higher education and the department of general services to participate in, sponsor, conduct, or administer cooperative purchasing agreements for the procurement of services relating to the transfer or management of real property; the procurement of construction, engineering, or architectural services; or the procurement of construction materials with other states or local governments. Makes various changes to the protest process for aggrieved respondents challenging a solicitation, award, or proposed award of a contract. Provides that for protest ponds, the bond shall be payable to the state in accordance with the following criteria: (1) five percent of the lowest bid or cost proposal evaluated; (2) five percent for the maximum, or estimated maximum, liability provided; (3) five percent of the estimated maximum revenue if the solicitation, award, or proposed award is for a contract in which the state receives revenue; or (4) for no-costs contracts, an amount to be determined by the chief procurement officer. Revises provisions regarding the authorized limitations of liabilities in certain state contracts. Provides that besides the prescribed liabilities in this act, a limitation of liability in a contract with the state shall not apply to: (1) a liability for intellectual property or to any other liability, including, without limitation, indemnification obligations for infringement of third-party intellectual property rights; (2) claims covered by a specific provision in a contract with the state providing liquidated damages; or (3) claims for intentions torts, criminal acts, fraudulent conduct, or acts or omissions that result in personal injuries or death.
Senate Status01/17/2015 - Held on Senate clerk's desk pending committee appointments.
House Status01/17/2015 - Held on House clerk's desk pending committee appointments.

Government Organization - 3


SB228 Sunset-consumer advocate division in office of attorney general.
CategoryGovernment Organization
SponsorsSen. Mike Bell
DescriptionExtends the consumer advocate division in the office of the attorney general and reporter to June 30, 2017.
Senate Status01/29/2015 - Filed for Introduction.
House StatusNone
SB252 Sunset - TN claims commission.
CategoryGovernment Organization
SponsorsSen. Mike Bell
DescriptionExtends the Tennessee claims commission to June 30, 2019.
Senate Status01/29/2015 - Filed for Introduction.
House StatusNone
SB253 Sunset - commission on children and youth.
CategoryGovernment Organization
SponsorsSen. Mike Bell
DescriptionExtends the commission on children and youth to June 30, 2020.
Senate Status01/29/2015 - Filed for Introduction.
House StatusNone

Government Regulation - 2


SB6 / HB57 Racial Profiling Prevention Act.
CategoryGovernment Regulation
SponsorsSen. Brian K. Kelsey / Rep. John J. Deberry Jr.
DescriptionEnacts the "Racial Profiling Prevention Act". Requires each state and local law enforcement agency to adopt, on or before January 1, 2016, a written policy that prohibits racial profiling.
Senate Status01/14/2015 - Held on Senate clerk's desk pending committee appointments.
House Status01/17/2015 - Held on House clerk's desk pending committee appointments.
HB12 Prohibiting commissioners from accepting certain types of employment.
CategoryGovernment Regulation
SponsorsRep. Bo Mitchell
DescriptionProhibits a commissioner or deputy commissioner, during the 12 month period immediately following their departure from departmental service, from seeking or accepting employment with any private business entity that contracted with the department during the commissioner's or deputy commissioner's tenure of service. Creates a penalty, not to exceed $10,000, for knowingly violating the restriction. Allows the Tennessee ethics commission to seek injunctive relief against a commissioner for violation of the restriction.
Senate StatusNone
House Status01/14/2015 - Caption bill held on House clerk's desk pending committee appointments.

Health Care - 6


SB13 Informed consent for abortions.
CategoryHealth Care
SponsorsSen. Mae Beavers
DescriptionRevives and reenacts the informed consent statute for abortion that was in effect prior to Planned Parenthood of Middle Tennessee, et al. v. Sundquist. Sets forth the criteria for truly informed consent that must be satisfied before an abortion can be performed.
Senate Status01/14/2015 - Held on Senate clerk's desk pending committee appointments.
House StatusNone
SB34 / HB43 Duties of snow skiers at scene of accident.
CategoryHealth Care
SponsorsSen. Doug Overbey / Rep. Dale Carr
DescriptionRequires a person who is involved in, causes or contributes to a snow skiing accident to remain at the scene of the accident and provide the person's name and contact information to a member of the ski patrol or employee of the ski area operator, unless the person leaves for the sole purpose of securing aid for someone who was injured in the accident.
Senate Status01/16/2015 - Held on Senate clerk's desk pending committee appointments.
House Status01/16/2015 - Held on House clerk's desk pending committee appointments.
SB50 Abortions in ambulatory surgical treatment centers.
CategoryHealth Care
SponsorsSen. Mark Green
DescriptionRevises definition of "ambulatory surgical treatment centers" to include private physicians' and dentists' offices in which one or more medical or surgical pregnancy terminations are performed.
Senate Status01/16/2015 - Held on Senate clerk's desk pending committee appointments.
House StatusNone
SB125 / HB151 Creation of Annual Coverage Assessment Act of 2015.
CategoryHealth Care
SponsorsSen. Doug Overbey / Rep. Michael Harrison
DescriptionCreates the Annual Coverage Assessment Act of 2015. Defines annual coverage assessment as the annual assessment imposed on covered hospitals. Establishes an annual coverage assessment in the amount of four and fifty-two hundredths percent of a covered hospital's annual coverage assessment base.
Senate Status01/17/2015 - Introduced in the Senate.
House StatusNone
HB2 Required ultrasound prior to abortion.
CategoryHealth Care
SponsorsRep. Rick Womick
DescriptionRequires an ultrasound be performed not more than 72 hours and not less than 24 hours before the performance of an abortion. Requires the healthcare practitioner to verbally offer the pregnant woman an opportunity to view the ultrasound image and receive a printed copy. If the woman declines, the healthcare practitioner must provide: 1) a verbal explanation of the results, 2) a copy of the ultrasound image to the woman, and 3) an audible real-time heart beat for the woman to hear. Prohibits a provider from accepting any form of payment, deposit, or exchange or make any financial agreement for an abortion or abortion related services other than for payment of the ultrasound. Creates an exception for the ultrasound requirement where there is a medical emergency.
Senate StatusNone
House Status01/14/2015 - Caption bill held on House clerk's desk pending committee appointments.
HB150 Enforcement of tax before not-for-profit's final appeal for exemption.
CategoryHealth Care
SponsorsRep. Michael Harrison
DescriptionClarifies that comments on public benefit hospital's conveyance transaction should be directed to the consumer advocate and protection division of the Attorney General's office. Authorizes not-for-profit hospital to electronically request conference regarding assessment of civil penalty for filing claims data discharge report late. Provides that commissioner of revenue may not seek enforcement of tax until the taxpayer's appeal for exemption is finally adjudicated. Broadly captioned.
Senate StatusNone
House Status01/27/2015 - Filed for Introduction.

Insurance General - 3


SB80 / HB70 Revises provisions regarding captive insurance companies.
CategoryInsurance General
SponsorsSen. Mark S. Norris / Rep. Gerald McCormick
DescriptionAllows the commissioner of commerce and insurance to approve any rating plan submitted by a captive insurance company that is authorized to provide workers' compensation coverage as long as the captive insurance company demonstrates that the proposed rating plan does not endanger the solvency of the company and adequately protects the insureds. Specifies that the unimpaired paid-in capital and surplus that a captive insurance company is required to possess and maintain can be in the form of a cash equivalent. Current law specifies cash or an irrevocable letter of credit issued by a bank. Requires captive insurance company, industrial insured captive insurance company, protected cell captive insurance company, incorporated cell captive insurance company or special purpose financial captive insurance company to file a statement of investment policy approved by its governing body with the commissioner that describes the types of investments that the company may elect to undertake. Prohibits such companies from making investments that materially deviate from the statement of the investment policy. Makes other revisions regarding captive insurance companies.
Senate Status01/17/2015 - Held on Senate clerk's desk pending committee appointments.
House Status01/17/2015 - Held on House clerk's desk pending committee appointments.
SB171 Premiums - persons & providers exempt from workers' compensation.
CategoryInsurance General
SponsorsSen. Bill Ketron
DescriptionProhibits an insurance company from charging a premium for any person classified an independent contractor and any construction services provider exempt from workers' compensation. Requires commercial risk insurers to provide additional information to the commissioner of commerce and insurance.
Senate Status01/27/2015 - Filed for Introduction.
House StatusNone
SB172 Required insurance - loaning money secured by real property.
CategoryInsurance General
SponsorsSen. Bill Ketron
DescriptionProhibits a person who is loaning money or extending credit that is secured by real property from requiring insurance that exceeds the value of the structures or the expected value of the structures on the real property.
Senate Status01/27/2015 - Filed for Introduction.
House StatusNone

Insurance Health - 1


SB54 / HB18 Copayments - primary care services rendered by physician's assistant.
CategoryInsurance Health
SponsorsSen. Mark Green / Rep. David Shepard
DescriptionProhibits a health insurance entity from charging a covered person a greater copayment or coinsurance amount for primary care services rendered during an office visit to a physician assistant than those charged for primary care services rendered during an office visit to a licensed physician.
Senate Status01/16/2015 - Held on Senate clerk's desk pending committee appointments.
House Status01/15/2015 - Caption bill held on House clerk's desk pending committee appointments.

Judiciary - 5


SB19 / HB52 Lump-sum partial payments for court fees and litigation taxes.
CategoryJudiciary
SponsorsSen. Bill Ketron / Rep. Mike Carter
DescriptionAllows court clerk, subject to approval by a court of competent jurisdiction, to accept a lump-sum partial payment in full settlement for all court costs, fees, and litigation taxes owed and have been in default for over five years. Prohibits the court from approving a settlement unless the amount accepted is equal to or greater than 50 percent of the combined outstanding balance of all fines, costs, and litigation taxes due on the case.
Senate Status01/15/2015 - Held on Senate clerk's desk pending committee appointments.
House Status01/17/2015 - Held on House clerk's desk pending committee appointments.
SB37 Attorney general investigations concerning public officials.
CategoryJudiciary
SponsorsSen. Brian K. Kelsey
DescriptionGives the attorney general and reporter concurrent jurisdiction with the appropriate district attorney general to investigate and initiate the criminal prosecution of public officials for corruption and misuse of public office. Defines "public official" as any person who holds an elected office in any branch of the state government or political subdivision.
Senate Status01/16/2015 - Held on Senate clerk's desk pending committee appointments.
House StatusNone
SB60 / HB55 New circuit judge position created for 19th judicial district.
CategoryJudiciary
SponsorsSen. Mark Green / Rep. Curtis G. Johnson
DescriptionCreates a new circuit court judge position for the 19th judicial district that shall be appointed by the governor and will serve until September 1, 2016. Requires the position to be elected by voters during the August 2016 general election and will hold office until September 1, 2022. Thereafter, the position will be for a full eight year term.
Senate Status01/16/2015 - Held on Senate clerk's desk pending committee appointments.
House Status01/17/2015 - Held on House clerk's desk pending committee appointments.
SB282 Salary increase - assistant district attorneys.
CategoryJudiciary
SponsorsSen. Becky Duncan Massey
DescriptionAuthorizes reinstatement of annual service compensation step for assistant district attorneys. Authorizes reinstatement of said step effective July 1, 2015.
Senate Status01/29/2015 - Filed for Introduction.
House StatusNone
HB22 Disclosure of expunged offenses by applicant prohibited.
CategoryJudiciary
SponsorsRep. Brenda Gilmore
DescriptionProhibits institutions of higher education and employers from asking applicants about expunged offenses. Creates a civil offense against the employer for each separate offense.
Senate StatusNone
House Status01/15/2015 - Caption bill held on House clerk's desk pending committee appointments.

Local Government - 1


SB287 / HB137 Eminent domain - deadline for owners to commence actions.
CategoryLocal Government
SponsorsSen. John Stevens / Rep. William G. Lamberth
DescriptionSpecifies which actions relating to eminent domain cases need to be commenced within 12 months after land has been actually taken possession of and the work of the proposed internal improvement has begun.
Senate StatusNone
House Status01/21/2015 - Filed for Introduction.

Property & Housing - 1


HB177 Infrastructure improvements - final subdivision plat approval.
CategoryProperty & Housing
SponsorsRep. Susan Lynn
DescriptionRevises and creates new condition precedents to the final approval of subdivision plats. Permits the regional planning commission to grant final approval of a subdivision plat subject to the submittal and acceptance of a bond or other method of assurance. Requires the bond or other assurance method to provide for and secure to the public and the local government the actual construction and installation of the infrastructure improvements within a period specified by the regional planning commission. Eliminates criminal penalty for transferring land before subdivision plat approval and before the final plat is recorded.
Senate StatusNone
House Status01/28/2015 - Filed for Introduction.

Public Employees - 3


SB164 District public defenders conference - executive director's duties.
CategoryPublic Employees
SponsorsSen. Mae Beavers
DescriptionEliminates the requirement that the executive director of the district public defenders conference initiate conference calls between district public defenders.
Senate Status01/26/2015 - Filed for Introduction.
House StatusNone
SB169 Prohibits member of governing body from voting by text message.
CategoryPublic Employees
SponsorsSen. Doug Overbey
DescriptionProhibits members of a governing body from casting votes by means of text messaging, including members who are participating through electronic communication.
Senate Status01/27/2015 - Filed for Introduction.
House StatusNone
SB197 / HB119 Posting and mailing of detainer summonses by constables.
CategoryPublic Employees
SponsorsSen. Rusty Crowe / Rep. Bud Hulsey
DescriptionIncludes constables, along with sheriffs, as eligible persons who may act to satisfy the service of process requirements for actions involving forcible entry and detainer.
Senate StatusNone
House Status01/17/2015 - Introduced in the House.

Taxes Business - 1


SB59 Formula for calculation of franchise and excise tax.
CategoryTaxes Business
SponsorsSen. Mark Green
DescriptionRevises the apportionment formula for the franchise and excise tax beginning January 1, 2016, to net earnings multiplied by the receipts factor. Under current law, the formula is defined as net earnings multiplied by a fraction, whereby the numerator is the property factor plus the payroll factor plus twice the receipts factor, and denominator would be four. Revises the apportionment of net worth formula beginning January 1, 2016, to net worth multiplied by the receipts factor. Under current law, net worth shall be multiplied by a fraction, whereby the numerator is the property factor plus the payroll factor plus twice the receipts factor, and the denominator of the fraction being four. Redefines the sale of property, other than sales of tangible personal property, in this state, as the receipts derived from customers within this state or if the receipts are otherwise attributable to this state's marketplace. Revises the apportionment formula for captive REIT affiliated groups to be based on receipts provided for in 67-4-2012(a)(2), including the receipts of those members of the affiliated group that would not be subject to taxation in this state if considered apart from the affiliated group. Excludes dividends, receipts, and expenses resulting from transactions between members of the affiliated group.
Senate Status01/16/2015 - Held on Senate clerk's desk pending committee appointments.
House StatusNone

Taxes General - 3


SB32 / HB48 Increases Hall Income tax exemptions.
CategoryTaxes General
SponsorsSen. Doug Overbey / Rep. Art Swann
DescriptionRequires the amounts of the Hall tax exemptions to be raised annually in accordance with inflation beginning with the 2016 calendar year. Requires the department of revenue to notify taxpayers of any change in dollar amounts and to post the information on the department's website.
Senate Status01/16/2015 - Held on Senate clerk's desk pending committee appointments.
House Status01/16/2015 - Held on House clerk's desk pending committee appointments.
SB47 Reduces Hall Income tax.
CategoryTaxes General
SponsorsSen. Mark Green
DescriptionReduces Hall income tax by one percent in every year that state revenue growth exceeds three percent. Specifies that once Hall income tax rate reaches three percent, the reduction rate of the Hall income tax in years that state revenue growth exceeds three percent decreases to three-quarters (.75) percent until the rate is reduced to zero. Specifies that the reduced Hall income tax rate takes effect on January 1 following the end of the fiscal year in which the state revenue growth exceeded three percent. Specifies that distribution of tax revenue to general fund decreases in conjunction with each reduction of Hall income tax rate until it reaches zero. Increases distribution of tax proceeds to county or municipality government in which the taxpayer resides until 100 percent of proceeds are distributed to the county or municipality.
Senate Status01/16/2015 - Held on Senate clerk's desk pending committee appointments.
House StatusNone
SB58 / HB54 Reducing tax on groceries.
CategoryTaxes General
SponsorsSen. Mark Green / Rep. Curtis G. Johnson
DescriptionReduces the sales tax rate on food from 5 percent to 4.5 percent.
Senate Status01/16/2015 - Held on Senate clerk's desk pending committee appointments.
House Status01/17/2015 - Held on House clerk's desk pending committee appointments.

Taxes Property - 1


SB55 Delinquent tax attorney compensation.
CategoryTaxes Property
SponsorsSen. Mark Green
DescriptionRemoves the delinquent tax attorney compensation provision for Montgomery County that allowed the county to pay up to 20 percent of delinquent taxes collected to the attorney. Places Montgomery County with all other counties which are allowed to pay up to 10 percent of delinquent taxes collected.
Senate Status01/16/2015 - Held on Senate clerk's desk pending committee appointments.
House StatusNone

Transportation Vehicles - 1


HB140 Open Container Law expansion.
CategoryTransportation Vehicles
SponsorsRep. Jon Lundberg
DescriptionProhibits passengers in a motor vehicle from consuming or possessing an open alcoholic beverage container except in certain circumstances. Defines new terms regarding offense of consuming or possessing an open alcoholic beverage container in a motor vehicle. Authorizes bowling alleys with a restaurant or a limited service restaurant on the premises to sell and serve alcoholic beverages.
Senate StatusNone
House Status01/22/2015 - Filed for Introduction.

Workers Compensation - 1


SB174 / HB178 Public records regarding workers' compensation policies.
CategoryWorkers Compensation
SponsorsSen. Bill Ketron / Rep. Susan Lynn
DescriptionIncludes workers' compensation policy cancellation date and the policy reinstatement date as public record information.
Senate Status01/27/2015 - Filed for Introduction.
House StatusNone

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