AGRICULTURE |
SB 2262
Kyle
HB
2307
Bone
Public Chapter (PDF)
|
Community Gardening Act and fee schedule for tobacco sales. Redefines
"families of low income" for purposes of the "Tennessee Community
Gardening Act of 1977" to mean families or persons whose gross annual
income is less than or equal to the poverty guidelines published
annually in the Federal Register by the U.S. Department of Health and
Human Services. Deletes provisions regarding the schedule of fees for
tobacco sales (Part of Administration Package). (S: Kyle; H: Bone)
Senate
Co-Sponsor: Burks
House Co-Sponsor: Turner M.
Senate Status: Senate passed 03/23/2009.
House Status: House passed 04/06/2009.
Other Status: Enacted as Public Chapter 0066 (effective
04/15/2009).
|
SB 2263
Kyle
HB
2335
Fraley
|
Commissioner can apply to chancery court for injunction. Allows
the commissioner of the department of agriculture to apply to chancery
court for temporary or permanent injunction to restrain a person from
violating laws under the commissioner's jurisdiction (Part of
Administration Package). (S: Kyle; H: Fraley)
House Co-Sponsor:
Turner M.
Senate Status: Referred to Senate Commerce, Labor &
Agriculture.
House Status: House sponsor changed from Turner M. to Fraley on
03/12/2009.
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ALCOHOLIC BEVERAGES |
SB 0080
Stanley
HB 1156
Shepard
|
Wine direct shipper license. Creates a wine direct shipper
license to be issued by the alcoholic beverage commission and the
department of revenue that would allow any person currently licensed as a
wine manufacturer or distributor to ship up to two 9-liter cases of
wine annually directly to a resident of Tennessee who is at least 21
years of age for personal use. Specifies the rules and regulations for
obtaining such license and creates a Class B misdemeanor for any person
who knowingly makes or receives a shipment in violation of such rules.
(S: Stanley; H: Shepard)
Senate Co-Sponsor: Ketron
Senate Status: Referred to Senate State & Local
Government.
House Status: Taken off notice in House Local Government
Subcommittee 03/25/2009.
|
SB 0120
Ketron
HB 1158
Shepard
|
Sale of wine in grocery stores. Creates an additional class of
licenses allowing the sale of wine at retail food stores. Specifies that
such licenses will be limited to retail food stores located in counties
or municipalities that have authorized the sale of alcoholic beverages
by local option election. Requires person purchasing wine at retail food
store to present photo identification. (S: Ketron; H: Shepard)
House
Co-Sponsors: Lundberg; Tidwell
Senate Status: Taken off notice in Senate State & Local
Government 05/05/2009.
House Status: Taken off notice in House Local Government
Subcommittee 04/15/2009.
|
SB 0121
Ketron
HB 1157
Shepard
|
Sale of wine at grocery stores. Creates an additional class of
licenses allowing the sale of wine at retail food stores. Specifies that
such licenses will be limited to retail food stores located in counties
or municipalities that have authorized the sale of alcoholic beverages
by local option election. Requires person purchasing wine at retail food
store to present photo identification. (S: Ketron; H: Shepard)
House
Co-Sponsors: Lundberg; Tidwell
Senate Status: Referred to Senate State & Local
Government.
House Status: Taken off notice in House Local Government
Subcommittee 04/15/2009.
|
SB 0166
Stanley
HB 1155
Shepard
Public Chapter (PDF)
|
Creation of direct shipper license for wine. Creates direct
shipper license that would allow an in-state or out-of-state entity to
ship up to 12 nine-liter cases of wine annually to residents of
Tennessee who are 21 years or older. (S: Stanley; H: Shepard)
Senate
Co-Sponsor: Ketron
House Co-Sponsor: Lundberg
Amendment: Senate amendment 1 rewrites the bill to allow any
person, firm or corporation in the business of manufacturing, bottling
or rectifying wine to apply to the alcoholic beverage commission for a
direct shipper's license. Specifies that an applicant for such license
must pay a $300 one-time non-refundable fee to the commission when the
application is submitted for review. Also requires the applicant to pay a
$150 annual license fee. Limits shipments of wine to persons who are 21
years or older. Prohibits a direct shipper from shipping more than 9
liters of wine to any individual in a calendar month. Also prohibits
direct shipper from shipping more than 27 liters of wine to an
individual in a calendar year. Prohibits a direct shipper from shipping
wine to an address that is located in a jurisdiction that has not
authorized the sale of alcoholic beverages by local referendum.
Specifies that direct shipper is responsible for remitting all sales
taxes due, including the
gallonage tax. Authorizes the commission and the department of revenue
to promulgate rules and regulations necessary to implement this act.
Senate amendment 2 specifies that this bill would not diminish the
three-tiered scheme used in this state to separate the manufacture,
distribution and retailing of alcohol beverages, wine and beer. House
amendment 1 contains same language as Senate amendment 1, but adds
"direct shipper's license" to the list of licenses the alcoholic
beverage commission may issue. Does not include provisions of Senate
amendment 2.
Senate Status: Senate 05/21/2009 concurred in House amendment
1.
House Status: House 05/18/2009 passed with amendment 2.
Other Status: Enacted as Public Chapter 0348 (effective
07/01/2009).
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SB 0944
Overbey
HB 1549
Casada
Public Chapter (PDF)
|
Revisions to Grape and Wine Law. Revises "Grape and Wine Law"
based on a Sixth Circuit U.S. Court of Appeals decision including
allowing out-of-state wineries to be licensed. Insures that wineries in
the state can continue to operate legally regardless of the outcome of
any Sixth Circuit decision. (S: Overbey; H: Casada)
Amendment: House amendment 1 deletes references in the bill
to a Tennessee Winery License and replaces them with language referring
to a winery license.
Senate Status: Senate 05/07/2009 concurred in House amendment
1.
House Status: House 04/30/2009 passed with amendment 1.
Other Status: Enacted as Public Chapter 0273 (effective
05/21/2009).
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SB 1510
Burchett
HB 1608
Litz
|
Transport of wine purchased from TN licensed winery. Deletes
certain provisions of the Grape and Wine Law. Permits the transport of
wine purchased from a winery licensed by the state of Tennessee.
Authorizes Alcohol Beverage Commission to assess inspection fees against
licensees and permitees. (S: Burchett; H: Litz)
Senate Status: Referred to Senate State & Local
Government.
House Status: Referred to House Local Government Subcommittee.
|
SB 2179
Stanley
HB
2135
Litz
|
Creates wine direct shipper license. Authorizes the Alcoholic
Beverage Commission to license non-resident wineries holding federal
basic permits under the Federal Alcohol Administration Act to sell and
ship wine to Tennessee residents and collect and pay state taxes on such
sales. Permits any person currently licensed in this or any other state
as a wine manufacturer, producer, supplier, importer, wholesaler,
distributor or retailer who obtains a wine direct shipper license to
ship up to two nine-liter cases of wine annually directly to a resident
of Tennessee who is at least 21 years of age for such resident's
personal use and not for resale. Requires each licensee prior to
shipping to a resident to complete the following: file an application
with the alcoholic beverage commission; pay a $100 registration fee;
provide to the commission a copy of its current alcoholic beverage
license issued in this or any other state; and obtain from the
commission a wine direct shipper
license. Details requirements for shipping and allows a licensee to
annually renew its license by paying a $50 renewal fee and providing the
commission a copy of its current alcoholic beverage license issued in
this or any other state. Creates a Class B misdemeanor for any person
who knowingly makes, participates in, transports, imports or receives a
shipment in violation of this act. (S: Stanley; H: Litz)
House
Co-Sponsor: Shepard
Senate Status: Referred to Senate State & Local
Government.
House Status: Referred to House Local Government Subcommittee.
|
SB 2187
Faulk
HB
2138
Harrison
|
Retail sale of wine regulated like beer. Requires the retail sale
of wine to be regulated in a similar way to beer by local government
rather than the alcoholic beverage commission. Clarifies that wine may
still be purchased in retail package stores even though wine is no
longer regulated by the commission and that any person holding a license
on the effective date of this act is grandfathered in with the local
wine and beer board. Caps the alcohol content of wine under this part at
15 percent. (S: Faulk; H: Harrison)
Senate Status: Referred to Senate State & Local
Government.
House Status: Referred to House Local Government Subcommittee.
|
SB 3712
Haynes J.
HB 2925
Moore
|
TN Responsible Server Act: alcohol server permits. Enacts the
Tennessee Responsible Server Act of 2010 that includes: server training
(both beginning and continuing after employment); employer-provided
education materials on alcohol consumption; and appropriate server
permits that expire after a certain time. Requires server permits to be
revoked after an alcohol sale to a minor. Requires vendor permits to be
revoked after an alcohol sale to a minor and a finding that the vendor
failed to comply with this act or that the vendor knew that the minor
was being served alcohol. Requires the vendor permit to be revoked if
the vendor has two violations within one year. Establishes a pay scale
to determine how much each vendor must pay to receive server training.
Allows violators of this act to receive criminal prosecution and other
civil penalties. (S: Haynes J.; H: Moore)
Senate Status: Referred to Senate State & Local
Government.
House Status: Referred to House State & Local Government.
House Government Operations will review if recommended.
|
ANIMALS & ANIMAL HUSBANDRY |
SB 0410
Henry
HB 0544
Sontany
|
Obtaining medical care or treatment for animals. Exempts a person
from civil liability for obtaining medical care or treatment for
certain animals under specified circumstances. (S: Henry; H: Sontany)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Civil Practice
Subcommittee.
|
SB 0435
Bunch
HB
0422
Bell
|
Dogs causing death or serious injury to be destroyed. Deletes all
licensure and regulation provisions for dog and cat dealers. Authorizes
circuit court judges to order any dog that attacks a human and causes
death or serious injury to be destroyed in the county of his
jurisdiction. Requires the dog owner to appear before the court within
five days and prove that the dog should not be destroyed to prevent
such. Authorizes Shelby County to adopt local ordinances to provide for
the disposition of dangerous dogs or dogs causing death or serious
injury to humans or other animals. (S: Bunch; H: Bell)
Senate Status: Referred to Senate Commerce, Labor &
Agriculture.
House Status: Withdrawn in House 01/25/2010.
|
SB 2796
Henry
HB 3749
Sontany
|
Providing care for non-livestock animals. Provides immunity from
civil liability for any person who in good faith provides medical care
or treatment for a non-livestock animal that is abandoned or injured and
such medical care results in injury or harm to such animal. Establishes
that this provision does not apply to a person who fails to take
reasonable steps to locate the owner of such animal prior to providing
medical care. (S: Henry; H: Sontany)
Amendment: Senate Judiciary Committee amendment 1 makes the
bill. Adds definitions for emergency and emergency care. Clarifies that
any person who provides emergency care to a non-livestock animal in good
faith shall not be subject to civil liability for any injuries or harm
to such animal resulting from the rendering or obtaining of emergency
care, as long as the person's actions do not constitute malice, gross
negligence, or criminal misconduct. Specifies that a person must take
reasonable steps to find the owner of such animal prior to rendering or
obtaining emergency care unless a licensed veterinarian determines there
is an immediate need for emergency care to alleviate pain or save the
animal's life or if there are signs of recent abuse. Applies to
veterinary personnel and an animal control agency or employee as well.
Senate Status: Senate Judiciary 03/16/2010 recommended with
amendment 1, which makes the bill. Adds definitions for emergency and
emergency care. Clarifies that any person who provides emergency care to
a non-livestock animal in good faith shall not be subject to civil
liability for any injuries or harm to such animal resulting from the
rendering or obtaining of emergency care, as long as the person's
actions do not constitute malice, gross negligence, or criminal
misconduct. Specifies that a person must take reasonable steps to find
the owner of such animal prior to rendering or obtaining emergency care
unless a licensed veterinarian determines there is an immediate need for
emergency care to alleviate pain or save the animal's life or if there
are signs of recent abuse. Applies to veterinary personnel and an animal
control agency or employee as well.
House Status: Referred to House Agriculture.
|
BANKING & CREDIT |
SB 0036
Kyle
HB 0369
Odom
|
Delaying of foreclosure proceedings and eviction of tenant. Delays
foreclosure proceedings and the eviction of a tenant residing in a
single-family residence as long as the tenant is current on the lease
payments. (S: Kyle; H: Odom)
Senate Status: Taken off notice in Senate Commerce, Labor
& Agriculture 04/21/2009.
House Status: Referred to House Commerce Utilities & Banking
Subcommittee.
|
SB 0186
Harper
HB
0235
DeBerry J.
|
Creditors to meet with debtors to avoid foreclosure. Requires a
creditor to conduct an in-person meeting with debtors in default to
provide options that will allow the debtor to avoid foreclosure.
Specifies a creditor must do this only when he has knowledge of the
following circumstances of the debtor: an immediate family member of the
debtor has died or has a catastrophic illness, the debtor has become
unemployed due to circumstances beyond his control, or the debtor is
suffering from any catastrophic situation beyond the debtor's control
that has caused extreme financial hardship. Details terms for
documentation of such meetings and reporting dates. Broadly captioned.
(S: Harper; H: DeBerry J.)
Amendment: House Commerce Utilities & Banking
Subcommittee amendment 1, as amended, rewrites the bill. Requires a
creditor to send notice by certified mail to debtor prior to first
published notice of foreclosure. Requires that such certified letter
include the return address of the sender. Makes applicable to
foreclosures that are initiated for publication on or after September 1,
2009.
Senate Status: Taken off notice in Senate Commerce, Labor
& Agriculture 05/05/2009.
House Status: House Commerce Utilities & Banking Subcommittee
deferred to 2010.
|
SB 0489
Burchett
HB 1918
Brooks, Harry
|
Maximum rate of interest a title pledge lender may charge. Sets
the maximum effective rate of interest a title pledge lender may charge
at two percent per month. Permits reimbursement for necessary expenses
incurred in securing and collecting the title pledge in an amount not to
exceed four percent of the gross amount of the title pledge. (S:
Burchett; H: Brooks, Harry)
Senate Status: Taken off notice in Senate Commerce, Labor
& Agriculture 05/05/2009.
House Status: House Commerce Utilities & Banking Subcommittee
deferred to last calendar.
|
SB 0639
Marrero
HB
0692
Richardson
|
Survey of interest rates and fees. Requires the department of
financial institutions to conduct a survey of interest rates and fees
and report its findings to the general assembly by January 15, 2010. (S:
Marrero; H: Richardson)
Senate Status: Referred to Senate Commerce, Labor &
Agriculture.
House Status: Taken off notice in House Commerce Utilities &
Banking Subcommittee 04/28/2009.
|
SB 0749
Marrero
HB 1926
Richardson
|
Requirements for lenders of high-cost home loans. Requires a
lender of a high-cost home loan to verify that the borrower has received
appropriate housing counseling. (S: Marrero; H: Richardson)
Senate Status: Taken off notice in Senate Commerce, Labor
& Agriculture 04/28/2009.
House Status: Taken off notice in House Commerce Utilities &
Banking Subcommittee 04/28/2009.
|
SB 0828
Marrero
HB
0099
Moore
|
Publication of notice of foreclosure. Increases the time period
for the first publication notice in the newspaper of the sale of land to
foreclose a loan, mortgage, or deed of trust from 20 days prior to the
sale to 90 days prior to sale. (S: Marrero; H: Moore)
Senate Status: Referred to Senate Commerce, Labor &
Agriculture.
House Status: Withdrawn in House 05/07/2009.
|
SB 1766
Herron
HB 1497
Turner J.
|
Changes to the Tennessee Title Pledge Act - predatory loans. Removes
one year statute of limitation during which a criminal charge can be
brought against a title pledge lender. Requires all title lenders to
report to the commissioner of financial institutions any civil actions
brought against them. Allows any member of the public to request
information from the title pledge lender's report filed with
commissioner. Changes certain allowable loan renewal agreement
practices. Increases, from five percent to ten percent of the original
principal loan amount, the monthly payment that the pledgor is required
to make beginning with the third renewal or continuation of the loan.
Establishes a two year statute of limitation for any civil action
brought against a title lender. (S: Herron; H: Turner J.)
Senate Status: Referred to Senate Commerce, Labor &
Agriculture.
House Status: House sponsor changed from Turner L. to Turner J.
on 02/11/2010.
|
SB 2194
Kyle
HB
2209
Pitts
|
Consumer loans - credit worthiness of debtor. Creates a defense
to an action filed by a lender or financial institution for the
repayment of a consumer loan, or to recover personal property used to
secure a consumer loan, whereby the borrower can claim the loan
originator's primary consideration was financial considerations to the
lender, rather than the credit worthiness of the borrower. (S: Kyle; H:
Pitts)
Senate Status: Referred to Senate Judiciary.
House Status: Caption bill held on House clerk's desk.
|
SB 2279
Kyle
HB
2316
Pitts
Public Chapter (PDF)
|
TN Residential Lending, Brokerage and Servicing Act. Defines
"loan processor or underwriter" as an individual performing clerical or
support duties as an employee and not an independent contractor under
the supervision of a registrant authorized to make residential mortgage
loans. Specifies that the mortgage loan originator is the person who
offers or negotiates the terms of a residential mortgage loan. Effective
July 31, 2009, prohibits any industrial loan or thrift company,
industrial investment company or industrial bank from making residential
mortgage loans unless acting as a licensed mortgage loan originator.
Requires as part of registration for mortgage loan originator to pay
$100 fee to commissioner of financial institutions and to complete
application through the Nationwide Mortgage Licensing System and
Registry. Prohibits an endorsement company from making any residential
mortgage loans. Removes option to use letter of credit in lieu of surety
bond for residential
mortgage loans. Allows commissioner to require, as condition of
registration or renewal for applicants that propose to make residential
mortgage loans, testing and/or educational requirements to be met.
Authorizes commissioner to require an applicant for a certificate of
registration as an industrial loan and thrift company to consent to a
criminal history records check and to provide fingerprints. Rewrites the
Tennessee Residential Lending, Brokerage and Servicing Act of 1988.
Renames the chapter as the "Tennessee Residential Lending, Brokerage and
Servicing Act" and declares the act remedial in nature with intent to
ensure a sound system of making residential mortgage loans through
licensing, examination and regulation of mortgage lenders, mortgage loan
brokers, mortgage loan services and mortgage loan originators and to be
compliant with the federal Secure and Fair Enforcement for Mortgage
Licensing Act of 2008. Defines "registered mortgage loan originator" as a
mortgage loan
originator who is an employee of a depository institution, a subsidiary
of a depository institution that is regulated by a federal banking
institution, or an institution regulated by the Farm Credit
Administration who is registered with the Nationwide Mortgage Licensing
System and Registry. Prohibits any contractor or home improvement
contractor or other person supplying materials and rendering services in
real property improvement from making residential mortgage loans or
being a mortgage loan servicer or mortgage loan broker in TN, except
that the prohibition does not apply to the following: depository
institution, a subsidiary of a depository institution that is regulated
by a federal banking institution, or an institution regulated by the
Farm Credit Administration, an individual making such loan to an
immediate family member, an individual making such loan when the loan is
secured by a dwelling that served as the individual's dwelling, or a
licensed attorney negotiating on behalf
of a client as an ancillary matter. Requires mortgage loan originator to
be sponsored by a mortgage lender or mortgage loan broker and to meet
pre-licensing and continuing education and written test requirements.
Provides for commissioner to issue provisional mortgage loan originator
licenses. Authorizes the commissioner, to require an applicant, as a
condition of employment with the department, to provide a fingerprint
sample and submit to a criminal background check conducted by the TBI.
(56 pp.) (Part of Administration Package.) (S: Kyle; H: Pitts)
House
Co-Sponsor: Turner M.
Amendment: Senate amendment 1 rewrites certain provisions of
the bill. Adds that any individual acting as a loss mitigation
specialist would not be required to obtain a mortgage loan originator
license until July 30, 2011, or such other date as may be determined by
the commissioner of financial institutions with the approval or consent
of the U.S. department of housing and urban development. A loss
mitigation specialist may refer a mortgagor to a mortgage loan
originator for purposes of refinancing the residential mortgage loan
without the license if the loss mitigation specialist does not receive
any compensation or gain for the referral and the referral is made in
accordance with applicable state and federal law. Clarifies that an
individual performing the duties of a manufactured home retailer or a
dealer of modular building units would not be required to obtain a
mortgage loan originator license if: (1) The individual either holds or
is employed by a person who holds a
manufactured home retailer license or a license to act as a dealer of
modular building units; (2) The individual does not offer or negotiate
terms of a residential mortgage loan (including by counseling with
respect to such terms); and (3) Neither the individual, nor the
employing manufactured home retailer or dealer of modular building
units, receives compensation or other gain from a mortgage lender,
mortgage loan broker, or mortgage loan originator. The provisions
described above in 1-3 would not apply if the U.S. department of housing
and urban development determines that such individuals must be licensed
under the federal Secure and Fair Enforcement for Mortgage Licensing
Act of 2008, or that these provisions are otherwise inconsistent with
the Act. Prohibits any registrant from making a residential mortgage
loan unless each mortgage loan originator of the loan has obtained a
mortgage loan originator license and has been sponsored by the
registrant. However, this prohibition does
not apply to any registrant authorized to make residential mortgage
loans on July 30, 2009 in which each mortgage loan originator is
registered with the commissioner in affiliation with that registrant on
or before July 30, 2009. The registration of a mortgage loan originator
expires on December 31, 2009, unless, by such deadline, the individual
has applied for a mortgage loan originator license and completed all
pre-licensing requirements, in which case the registration would remain
effective until the commissioner has acted on the licensure application,
but no later than July 30, 2010. This amendment clarifies that a person
would not be required to satisfy the initial educational or testing
requirements by December 31, 2009, in order for the person's
registration to remain effective. This amendment adds that the
registration of a mortgage loan originator would automatically expire if
the originator ceases providing services for the affiliated registrant
at the office listed in the
registration form. The bill authorizes a mortgage loan originator
holding a valid registration certificate to extend the authority of
their certificate by applying for a mortgage loan originator license and
completing all pre-licensing requirements by December 31, 2009. This
amendment clarifies that a person does not have to satisfy any
educational or testing requirement in order to so extend their
certificate. This amendment specifies that a person with such a
certificate could only perform origination services for or on behalf of
the mortgage lender or mortgage loan broker named in the certificate. If
the mortgage loan originator provides origination services for a person
other than the one named in the registration certificate, then the
certificate would automatically expire. This amendment clarifies that a
mortgage loan originator sponsorship would not terminate if the mortgage
loan originator changes from one office of the sponsoring registrant to
another registered office of the
same company. This amendment requires a sponsoring registrant to notify
the commissioner of any change in the mortgage loan originator's office
within 14 days of the change. The bill requires mortgage loan
originators to clearly show: (1) Their name, signature, any mortgage
loan originator license number and any different unique identifier, on
each residential mortgage loan application form; and (2) Their unique
identifier on all solicitations or advertisements, including business
cards or Web sites, and any other documents and materials as established
by rule of the commissioner. This amendment revises these provisions to
instead require the sponsoring registrant, mortgage lender, or mortgage
loan broker (sponsoring agent) to ensure: (1) That each application
includes the information described above in (1); and (2) That the
sponsoring agent's records pertaining to the loan contain the unique
identifier (if different from the license number) of each mortgage loan
originator that
provided services with respect to the loan.
Senate Status: Senate 05/14/2009 passed with amendment 1.
House Status: House passed 06/04/2009.
Other Status: Enacted as Public Chapter 0499 (effective
06/23/2009).
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SB 2802
Marrero
HB 3005
Turner J.
|
Fees for deferred presentment of check and title loans. Decreases
the amount of interest a title lender may charge for a loan from two
percent per month to one-half of one percent per month and the maximum
fee amount for operating costs from one-fifth of the purchase price to
three percent of the purchase price. Changes the fee for a deferred
presentment of a check form 15 percent to five percent of the face
amount of the check. (S: Marrero; H: Turner J.)
House Co-Sponsors:
Camper; Shaw; Richardson; Jones U.; Hardaway; Favors; Miller L.
Senate Status: Referred to Senate Commerce, Labor &
Agriculture.
House Status: Referred to House Commerce Utilities & Banking
Subcommittee.
|
SB 2877
Haynes J.
HB 2919
Fincher
|
Judicial or trust sales of land: advertisement requirements. Clarifies
that any sale of land to foreclose a deed of trust, mortgage, or other
lien securing any item of value or under court order must be advertised
in a newspaper either published or distributed in the county where the
sale is located. (S: Haynes J.; H: Fincher)
Senate Status: Referred to Senate Judiciary.
House Status: Caption bill held on House clerk's desk.
|
SB 3102
Marrero
HB
3113
Richardson
|
Fees imposed on payday lenders. Requires the department of
financial institutions to collect a $2500 fee from each payday lender
for the creation of a special financial literacy trust fund in order to
provide a basic financial education to the citizens of the state. (S:
Marrero; H: Richardson)
House Co-Sponsors: Jones S.; Stewart
M.; Fitzhugh; Brown; Pruitt; Towns; Naifeh; DeBerry J.; Jones U.; Miller
L.; Favors; Cobb T.; Ferguson; Turner M.; Moore
Senate Status: Referred to Senate Commerce, Labor &
Agriculture.
House Status: House Commerce Utilities & Banking Subcommittee
deferred to 03/23/2010.
|
SB 3103
Marrero
HB
3112
Richardson
|
Payday lender cannot provide loans via the Internet. Prohibits
the issuance of payday loans via the Internet for Tennessee residents
regardless of whether the payday lender is located within or without the
boundaries of the state. (S: Marrero; H: Richardson)
House
Co-Sponsors: Jones S.; Stewart M.; Fitzhugh; Brown; Pruitt; Towns;
DeBerry J.; Jones U.; Miller L.; Favors; Odom; Cobb T.; Ferguson; Turner
M.; Moore; Sontany
Senate Status: Referred to Senate Commerce, Labor &
Agriculture.
House Status: House Commerce Utilities & Banking Subcommittee
deferred to 03/23/2010.
|
SB 3104
Marrero
HB
3111
Richardson
|
Establishes ceiling for interest rates on payday loans. Establishes
the maximum interest rate at 100 percent for a payday loan. (S:
Marrero; H: Richardson)
House Co-Sponsors: Jones S.; Stewart
M.; Fitzhugh; Favors; Brown; Pruitt; Towns; Naifeh; DeBerry J.; Jones
U.; Miller L.; Cobb T.; Ferguson; Turner M.; Moore; Gilmore; Sontany
Senate Status: Referred to Senate Commerce, Labor &
Agriculture.
House Status: House Commerce Utilities & Banking Subcommittee
deferred to 03/23/2010.
|
SB 3197
Finney L.
HB 3771
Pitts
|
Unlawful gratuity or compensation by bank officer. Adds receiving
or agreeing to receive property or a thing of value or of personal
advantage for procuring any person a loan to the acts of unlawful
gratuity by a bank officer. (S: Finney L.; H: Pitts)
Senate Status: Senate Commerce, Labor & Agriculture
deferred to 03/23/2010.
House Status: Caption bill held on House clerk's desk.
|
SB 3203
Finney L.
HB 3203
Eldridge
|
Bankruptcy: increased personal property exemption & credits. Increases
the amount of personal property a debtor can claim from $4,000 to
$10,000 and exempts all money received due to federal earned income
credit and federal child tax credit. (S: Finney L.; H: Eldridge)
House
Co-Sponsors: Dennis; Shaw
Amendment: House amendment 1 removes from the bill any
reference to exemptions of federal earned income credit and federal
child tax credit. Senate amendment 1 removes the exemption from
execution for money received by a debtor as a result of the federal
earned income tax credit or the federal child tax credit.
Senate Status: Senate 03/18/2010 passed with amendment 1.
Senate amendment 1 removes the exemption from execution for money
received by a debtor as a result of the federal earned income tax credit
or the federal child tax credit.
House Status: House 03/15/2010 passed with amendment 1.
|
SB 3223
Harper
HB
3179
Turner M.
|
Mandatory mediation required prior to foreclosure. Requires
mandatory mediation between a bank or other financial institution and a
borrower before foreclosure proceedings may be instituted on a deed of
trust, mortgage, or other lien securing the payment of money or other
thing of value. (S: Harper; H: Turner M.)
Senate Status: Referred to Senate Commerce, Labor &
Agriculture.
House Status: Caption bill held on House clerk's desk.
|
SB 3388
Marrero
HB 3593
Turner J.
|
Loans protected under TN Home Loan Protection Act of 2006. Applies
loans protected under the Tennessee Home Loan Protection Act of 2006 to
include purchase money mortgages as well as non-purchase money
mortgages. Creates a pilot project in Shelby County for voluntary
mediation prior to the foreclosure of loans entered into under such act.
(S: Marrero; H: Turner J.)
House Co-Sponsors: Jones U.;
Miller L.; DeBerry J.; Pruitt; DeBerry L.; Richardson
Senate Status: Referred to Senate Commerce, Labor &
Agriculture.
House Status: Referred to House Commerce Utilities & Banking
Subcommittee.
|
SB 3519
Overbey
HB
3588
Coleman
|
Legal notice of foreclosure. Requires lender, trustee, or other
creditor to send the debtor a notice of the right to foreclose via
regular mail prior to the first publication of a notice of a foreclosure
sale. Requires the notice to be sent no less than 60 days prior to the
first publication. (S: Overbey; H: Coleman)
House Co-Sponsor:
Moore
Senate Status: Referred to Senate Judiciary.
House Status: House Civil Practice Subcommittee 03/17/2010
recommended with amendment. Sent to House Judiciary.
|
SB 3768
Bunch
HB
3051
Watson E.
|
Modification of garnishment judgment. Allows any garnishment
judgment to be modified up to 90 days prior to the judgment being
satisfied. Makes applicable to any garnishment judgment that is entered
on or after July 1, 2010. (S: Bunch; H: Watson E.)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Civil Practice
Subcommittee.
|
SB 3771
Bunch
HB
3035
Dennis
|
Debtors' personal property: exemption increase. Allows a debtor
to exempt $10,000 in personal property, instead of $4,000, when another
party executes property seizures after a successful lawsuit. (S: Bunch;
H: Dennis)
Senate Status: Referred to Senate Judiciary.
House Status: House Judiciary Committee deferred to last
calendar.
|
SB 3784
Bunch
HB 3899
Watson E.
|
Bankruptcy - exemption of personal property by debtor. Allows a
person filing for bankruptcy to exempt an additional $10,000 of personal
property, rather than the current $4,000. Allows the exemption of one
motor vehicle as personal property not exceeding $3,500. (S: Bunch; H:
Watson E.)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Civil Practice
Subcommittee.
|
SB 3793
Bunch
HB 3903
Watson E.
|
Bankruptcy debtors: additional exempt personal property. Allows a
person filing for bankruptcy to exempt $8,000 dollars of personal
property, from the previous $4,000 dollars. Provides that each debtor
spouse can exempt property valued at $20,000 dollars, regardless of
whether the property is titled in which spouse's name. (S: Bunch; H:
Watson E.)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Civil Practice
Subcommittee.
|
SB 3794
Bunch
HB 3900
Watson E.
|
Bankruptcy - tools of trade exemption for debtor. Increases the
amount a debtor may claim as exempt for tools of trade from $1,900
dollars to $4,000 dollars. (S: Bunch; H: Watson E.)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Civil Practice
Subcommittee.
|
SB 3795
Bunch
HB 3901
Watson E.
|
Bankruptcy exemptions: more personal property and tools. Allows a
person filing for bankruptcy to exempt $8,000 dollars of personal
property, instead of $4,000 dollars, and $2,000 dollars in tools of
trade, instead of $1,900. (S: Bunch; H: Watson E.)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Civil Practice
Subcommittee.
|
SB 3864
Kyle
HB 3825
Turner M.
|
Revises definitions in the TN Securities Act. Revises definitions
in the Tennessee Securities Act to clarify that an investment advisor
does not include an investment adviser representative and to define
"investment-related." (Part of Administration Package) (S: Kyle; H:
Turner M.)
Senate Status: Referred to Senate Commerce, Labor &
Agriculture.
House Status: Caption bill held on House clerk's desk.
|
HB 1362
Hardaway
|
Closings under the Tennessee Home Loan Protection Act. Requires
all closings under the Tennessee Home Loan Protection Act to be attorney
supervised closings. Also specifies that only attorneys with sufficient
errors and omission insurance shall be authorized to act as supervising
attorneys. (H: Hardaway)
House Status: Caption bill held on House clerk's desk.
|
HB 2090
Towns
|
Prohibiting seizures on bank accounts by debtors. Prohibits
execution, seizure, or attachment on personal bank account of debtor if
attempted by any business entity. Makes withdrawal of funds by a
business from a personal bank account resulting from delinquency or
non-payment an unfair or deceptive act under Consumer Protection Act.
(Broadly captioned.) (H: Towns)
House Status: Referred to House Judiciary Civil Practice
Subcommittee.
|
CAMPAIGNS & LOBBYING |
SB 0142
Ketron
HB 0496
Todd
|
Campaign contributions by certain family members. Allows
immediate family members of staff persons of the registry of election
finance and ethics commission to make campaign contributions. Specifies
that registry of election finance has jurisdiction over campaign
contributions made by employers of lobbyists. (S: Ketron; H: Todd)
Senate Status: Referred to Senate State & Local
Government.
House Status: Referred to House Elections Subcommittee.
|
SB 0150
Ketron
HB 0639
Maggart
|
Photo ID required to vote. Requires the voter to present to the
registrar a valid form of identification that displays name, address and
photograph of the voter. Allows a voter who is unable to present any
identification to cast a provisional ballot. Allows a voter unable to
afford a valid identification card to sign a pauper's oath and have any
fees waived. (S: Ketron; H: Maggart)
Senate Co-Sponsors:
Johnson J.; Beavers; Bunch; Black
Amendment: Senate amendment 3 excludes persons voting in a
licensed nursing home, home for the aged, or similar licensed
institution from having to provide identification with a photograph of
the voter. Requires verification of the provisional ballots within three
days of the ballot being cast. Senate amendment 4 corrects a
typographical error. Senate amendment 5 requires election officials to
have any person submitting a provisional ballot sign a form that makes
clear they must return within 24 hours to provide appropriate
identification in order to have their vote counted. Senate amendment 6
exempts any person 65 or older from the requirement to show photo ID
before voting.
Senate Status: Senate 04/13/2009 passed with amendments 3, 4,
5 & 6.
House Status: House Elections Subcommittee deferred to
03/23/2010.
|
SB 0173
Ketron
HB 0640
Maggart
|
Citizenship status must be proven prior to voting. Specifies the
information required on printed voter registration forms must include
the following: date the registrant signed the form; given name of the
registrant; complete address; telephone number; state or country of
birth; date of birth; occupation; Indian census number (optional);
father's or mother's maiden name; social security number; statement as
to whether or not the registrant is currently registered in another
state, county or precinct; statement that the registrant is a U.S.
citizen; statement that the registrant will be 18 before the date of the
next general election; statement that the registrant has not been
convicted of treason or a felony; statement that the registrant is a
resident of this state and county in which the registrant is
registering; signature; statement that the affidavit was completed
according to the registrant's direction when applicable; statement that
if an applicant declines to register to
vote, the fact that the applicant has declined to register will remain
confidential and will be used only for voter registration purposes;
statement that if an applicant does register to vote, the office at
which the applicant submits a voter registration application will remain
confidential and will be used only for voter registration purposes; and
a statement that the applicant will submit evidence of U.S.
citizenship. Requires the registrar to reject the application if no
evidence of citizenship is attached and specifies what documents
constitute acceptable proof. Grandfathers in anyone currently legally
registered to vote in the state. Requires a voter to present to the
registrar one form of identification showing the name, address and
photograph of the voter. (S: Ketron; H: Maggart)
Senate Status: Taken off notice in Senate State & Local
Government 03/03/2009.
House Status: Referred to House Elections Subcommittee.
|
SB 0419
Bunch
HB 0659
Casada
|
Increases size of state election commission. Changes the number
of members in the state election commission from five to seven. Changes
from three to four the members of the majority party and from two to
three the members of the minority party. (S: Bunch; H: Casada)
Senate Status: Referred to Senate State & Local
Government.
House Status: Referred to House Elections Subcommittee.
|
SB 0440
Overbey
HB 0969
McCord
|
Restoration of voting rights. Requires a person to have paid all
restitution to the victims, paid all fines imposed by the court, and
paid all court costs before the person can have a voter registration
card restored. (S: Overbey; H: McCord)
Amendment: House Judiciary committee amendment 1, Senate
amendment 1 requires a person convicted of a felony to pay all court
costs imposed before such person's voting rights are restored, except
where the court has made a finding at an evidentiary hearing that the
applicant is indigent. House Finance amendment 1 changes effective date
to July 1, 2010.
Senate Status: Senate 04/16/2009 passed with amendment 1.
House Status: House Finance, Ways & Means deferred to
03/23/2010 after amendment 1. House Finance amendment 1 changes
effective date to July 1, 2010.
|
SB 0637
Marrero
HB
0675
Turner J.
|
Child support obligations and voting privileges. Removes
requirement that a person be current in all child support obligations to
retain the right to vote. (S: Marrero; H: Turner J.)
Senate Status: Referred to Senate State & Local
Government.
House Status: House Civil Practice Subcommittee deferred to
03/24/2010.
|
SB 0728
Watson B.
HB 0105
McCormick
|
Campaign contributions by corporations. Allows representatives of
any corporation doing business with the state to make campaign
contributions up to the same contribution limits as individuals, LLCs,
or partnerships on behalf of the corporation. (S: Watson B.; H:
McCormick)
Senate Status: Referred to Senate State & Local
Government.
House Status: Failed in House Elections Subcommittee 04/08/2009.
|
SB 0748
Jackson
HB 1254
Curtiss
|
Defines officials in executive/legislative branches. Clarifies
which state officials and employees are included within the definition
of "official" in the executive branch or "official" in the legislative
branch for purposes of the lobbying provisions of the Tennessee Ethics
Commission Act of 2006. (S: Jackson; H: Curtiss)
Senate Status: Senate State & Local Government deferred
to 04/21/2009.
House Status: Taken off notice in House State Government
Subcommittee 04/29/2009.
|
SB 0872
Ketron
HB
0614
Todd
Public Chapter (PDF)
|
Precinct-based optical scanner voting systems. Deletes
requirements relative to the purchase of precinct-based optical scanner
voting systems. Removes provisions referring to Help America Vote Act
funds and mandatory hand count audits of paper ballots. (S: Ketron; H:
Todd)
Amendment: HOUSE AMENDMENT 2 makes the bill. Delays
enactment of the provisions of Public Chapter 1108 of the Public Acts of
2008 (Tennessee Voter Confidence Act) until no later than the general
election of 2012. Requires any voting system purchased or leased after
August 1, 2011, to be a system using precinct-based optical scanners.
Requires every effort be made to purchase precinct-based optical scanner
voting systems manufactured in the United States. Sets out the
procedure for conducting an automatic audit of a voting precinct.
Senate Status: Senate passed 01/12/2010.
House Status: House 06/17/2009 passed with amendment 2.
Other Status: Enacted as Public Chapter 0612 (effective
01/22/2010).
|
SB 0875
Ketron
HB
0586
Todd
|
Campaign contributions from lobbyists to the governor. Eliminates
prohibition on campaign contributions from lobbyists to the governor or
any member of the general assembly or any candidate for the office of
governor, state senator, or state representative. Broadly captioned. (S:
Ketron; H: Todd)
Senate Status: Referred to Senate State & Local
Government.
House Status: Caption bill held on House clerk's desk.
|
SB 1060
Marrero
HB
0891
Hackworth
|
Fair Campaigning Act. Creates a liability provision for any
person or entity disseminating false information regarding a candidate
for public office's reputation. Provides that damages will include
compensatory and punitive damages as decided by the court. Authorizes
the court to award reasonable attorney's fees and costs to the
prevailing party. Provides 48-hour time period for a person to remove
false information upon being informed of its fabrication. Creates
precedent for a rebuttable inference that a suitable retraction of
falsehoods was made if a joint press conference that includes both
candidates for the public office is held for the purpose of addressing
such alleged falsehoods. (S: Marrero; H: Hackworth)
House
Co-Sponsors: Jones S.; Moore; Litz; Yokley; McDonald; Odom; Jones
U.; Curtiss; Turner M.; Winningham; Shepard; Bass; Stewart M.
Amendment: House amendment 1 clarifies that the requirement
regarding notice to be given by a candidate for public election alleging
that campaign literature or a political advertisement is false and
defamatory would be deemed to be met if the notice is sent by certified
mail. Requires that such notice identify the false and defamatory
content in the literature or advertisement and provide a reasonable
basis-in-fact demonstrating such falsity and defamation. Under this bill
as introduced, there is a rebuttable inference that a suitable
retraction was made if a joint press conference that includes both
candidates for the public office is held for the purpose of addressing
the alleged falsehoods. Revises the bill's rebuttable inference
provision to clarify that there would be a rebuttable inference of
infraction if "the parties involved in the publication, broadcast, or
distribution of the literature or advertisement participate in the joint
press conference" instead of if "a
joint press conference that includes both candidates is held". House
amendment 2 removes the bill's provision that establishes that there
would be a rebuttable inference that a suitable retraction of false and
defamatory campaign literature or political advertisements was made if
the parties involved in the publication, broadcast or distribution of
the literature or advertisement participate in a joint press conference.
Senate Status: Failed 06/18/2009 in Senate after adopting
amendment 5.
House Status: House 04/27/2009 passed with amendments 1 & 2.
|
SB 1076
Jackson
HB
0745
Odom
|
TN Ethics Commission - consulting fee disclosures. Clarifies that
the Tennessee Ethics Commission has jurisdiction over consulting fee
disclosures by certain executive branch officials. (S: Jackson; H: Odom)
Senate Status: Referred to Senate State & Local
Government.
House Status: Referred to House Elections Subcommittee.
|
SB 1077
Jackson
HB
0741
Odom
|
Consolidated disclosure of interest form. Clarifies that the
consolidated disclosure of interest form created by Tennessee Ethics
Commission must only be filed once during a year. Broadly captioned. (S:
Jackson; H: Odom)
Senate Status: Referred to Senate State & Local
Government.
House Status: House State Government Subcommittee deferred to
2010.
|
SB 1078
Jackson
HB
0740
Odom
|
Procedure for failure to file disclosures. Clarifies that when an
individual running for office files a petition to contest certain
penalties assessed against the individual, the election commission will
conduct a contested case hearing and issue an appropriate order
following the outcome. Broadly captioned. (S: Jackson; H: Odom)
Senate Status: Referred to Senate State & Local
Government.
House Status: House State Government Subcommittee deferred to
2010.
|
SB 1192
Tracy
HB
0906
Casada
|
Congressional redistricting. Requires general assembly to comply
with state and federal constitutions as well as judicial decisions in
passing congressional redistricting plan. (S: Tracy; H: Casada)
Senate Status: Referred to Senate Judiciary.
House Status: House State Government Subcommittee deferred to
2010.
|
SB 1193
Tracy
HB
0907
Casada
|
Redistricting and legal compliance. Requires the general assembly
to comply with all federal statutes and court decisions when adopting a
plan to redistrict the state house districts. (S: Tracy; H: Casada)
Senate Status: Referred to Senate Judiciary.
House Status: House State Government Subcommittee deferred to
2010.
|
SB 1231
Bunch
HB
1150
Kelsey
|
Judicial selection commission abolished. Abolishes judicial
selection commission and requires election of judges in accordance with
state constitution. (S: Bunch; H: Kelsey)
Judicial Council comment: Judicial Council adopted and
released to full committee with additional remark that the legislature
should adopt some method of judicial selection and retention, so as not
to place the judicial system, its litigants and citizens in general at a
disadvantage in providing and obtaining justice. Adopting no method of
judicial selection and retention would leave the judicial system with no
method of filling vacancies on either the appellate court or trial
court level. The council encouraged the consideration of the time of
extension of the sunset deadlines with regard to the relationship
between the sunset date and the date of elections. The termination of
either or both of these entities on June 30 in the year immediately
prior to a year in which regular August elections are held would create
uncertainty about what system of selection would govern that upcoming
election. Any method of judicial selection and retention adopted should
contain a provision
for
selection based upon a process of evaluating the merit of applicants to
fill a vacancy and that yes-no retention elections be retained for
appellate court judges. There does not appear to be a reason to require
that election by yes-no retention be accomplished by anything other than
a traditional majority vote. The council did question the complications
associated with legislation that would require the election of Supreme
Court justices by judicial district upon creation of five newly
established judicial districts. Such election may cause conflict with
constitutional provisions concerning the geographical representation on
the state supreme court. The requirements proposed in some legislation
with regard to senate confirmation of gubernatorial appointments could
cause substantial delay in the filling of vacancies which occur while
the legislature is not in session. The council recognized that the
majority of criticism of the current provisions of the Tennessee Plan is
directed toward
the makeup of the Judicial Selection Commission and the process by which
members are selected for the commission. While there is no consensus on
the Judicial Council concerning the most appropriate makeup of the
commission and the process by which members are appointed to the
commission, the council noted that allowing for nominations to the
commission by party caucus injects politics into a process despite the
stated intent to make the courts "nonpolitical." Further, the council
agreed that any provision concerning the makeup of any commission make
clear statements concerning the goal of diversity on the commission with
regard to ethnicity, gender and the geographical grand divisions of the
state.
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Civil Practice
Subcommittee 05/06/2009.
Other Status: Tennessee Judicial Council reviewed 04/02/2009 with
comment.
|
SB 1423
Stanley
HB 1719
McCormick
|
Allows trade and professional association to fund PACs. Permits
qualifying trade and professional associations to contribute money to
association PACs as long as the association has been in existence in TN
for at least 5 years and has regular dues-paying members. (S: Stanley;
H: McCormick)
Senate Status: Referred to Senate State & Local
Government.
House Status: Failed in House Elections Subcommittee 04/08/2009.
|
SB 1846
Kyle
HB 1537
Litz
|
Forms created by Tennessee ethics commission. Requires the TN
Ethics Commission to provide in its consolidated disclosure of interest
form for the required disclosure of information regarding members of the
general assembly, governor, members of the governor's staff, secretary
of state, treasurer, or comptroller of the treasury reporting on
siblings, spouses or children who are lobbyists and fees above $200 paid
to a member of the general assembly or the member's spouse for services
performed outside of the state. Changes filing deadline to April 15
from February 1 for such disclosures as well as disclosure of fees,
commissions or other compensation for consulting services paid to the
governor, secretary of state, comptroller of the treasury, treasurer,
governor's cabinet, cabinet level staff, or their spouses. Requires the
commission to forward a copy of any consolidated form received from a
state senator to the chief clerk of the senate. (S: Kyle; H: Litz)
Senate Status: Referred to Senate State & Local
Government.
House Status: House State Government Subcommittee deferred to
2010.
|
SB 1854
Kyle
HB
0651
Fitzhugh
|
Congressional redistricting. Specifies that it is the intent of
the general assembly in passing a congressional redistricting plan to
comply with the state and U.S. constitutions as well as judicial
decisions. (S: Kyle; H: Fitzhugh)
Senate Status: Referred to Senate Judiciary.
House Status: Caption bill held on House clerk's desk.
|
SB 1855
Kyle
HB
0652
Fitzhugh
|
State house districts and federal law. Specifies that state house
districts must comply with all federal statutes and court decisions
during redistricting in addition to specific voting acts. (S: Kyle; H:
Fitzhugh)
Senate Status: Referred to Senate Judiciary.
House Status: House State Government Subcommittee deferred to
2010.
|
SB 1856
Kyle
HB
0653
Fitzhugh
|
Redistricting - Senate. Restates that the state senate must
comply with all applicable federal law. (S: Kyle; H: Fitzhugh)
Senate Status: Referred to Senate Judiciary.
House Status: House State Government Subcommittee deferred to
2010.
|
SB 1882
Kyle
HB
1185
Litz
|
Lobbyists allowed to contribute to certain campaigns. Removes
prohibition against lobbyists contributing to any campaign on behalf of
the governor or any member of the general assembly or any candidate for
the office of governor, state senator or state representative. Broadly
captioned. (S: Kyle; H: Litz)
Senate Status: Referred to Senate State & Local
Government.
House Status: House State Government Subcommittee deferred to
2010.
|
SB 1887
Kyle
HB 2126
Turner M.
|
Amount individual can contribute to candidates. Decreases the
aggregate amount individual can contribute to candidates and all PACs to
$25,000 every two years. (S: Kyle; H: Turner M.)
Senate Status: Senate State & Local Government deferred
to 05/05/2009.
House Status: Referred to House Elections Subcommittee.
|
SB 1890
Norris
HB
0739
Odom
|
Required income disclosures for executive branch officials. Requires
the governor, secretary of state, comptroller of the treasury,
treasurer, any members of the governor's cabinet, any cabinet level
staff or such persons' spouses to annually report in writing to the
ethics commission any major sources of private income of more than $200,
any positions held during the applicable reporting period, and any
trust considered to be a "blind trust". Requires the reports to be
posted on the website of the ethics commission. (S: Norris; H: Odom)
Senate Status: Referred to Senate State & Local
Government.
House Status: House State Government Subcommittee deferred to
2010.
|
SB 2035
Jackson
HB 1936
Coleman
|
Supreme Court Voter-Owned Elections Act. Enacts the "Supreme
Court Voter-Owned Elections Act." Establishes as an alternative source
of campaign financing for candidates to the supreme court who obtain a
sufficient number of qualifying contributions from registered voters and
who voluntarily accept certain fund-raising and spending limits, the
Tennessee democracy fund. (S: Jackson; H: Coleman)
Senate Status: Taken off notice in Senate Government
Operations 05/11/2009.
House Status: Referred to House Judiciary. House Government
Operations will review if recommended.
|
SB 2142
Berke
HB
2156
Odom
|
Elected office of lieutenant governor. Creates state office of
lieutenant governor to be popularly elected starting in 2010. (S: Berke;
H: Odom)
Senate Status: Taken off notice in Senate State & Local
Government 05/05/2009.
House Status: House State Government Subcommittee deferred to
2010.
|
SB 2151
Norris
HB 2185
Sargent
|
Constitutional officers prohibited from donating money. Prohibits
the secretary of state, the comptroller and the state treasurer from
making campaign contributions in support or in opposition to any
candidate for general assembly. (S: Norris; H: Sargent)
Senate Status: Referred to Senate State & Local
Government.
House Status: Referred to House Elections Subcommittee.
|
SB 2191
Kyle
HB
2238
Odom
|
Ethics commission to provide info on complaints. Allows a member
of the commission or a member of the commission staff to acknowledge
receipt of a complaint, and may provide information on the status of a
complaint to the named complainant and the alleged violator. Allows a
member of the commission or commission staff to also disclose
information to the extent necessary to successfully pursue an
investigation. (S: Kyle; H: Odom)
Senate Co-Sponsor: Finney L.
Amendment: Senate amendment 1 requires an informal response
by the TN Ethics Commission to be given orally or by e-mail. Requires
the oral response to be verified by e-mail only if the requestor asks
for such documentation. Requires informal responses made by e-mail to be
sent to the person who made the request, with a copy being sent to the
members of the commission within ten days of the request being made.
Specifies items to be contained in each informal response sent by
e-mail.
Senate Status: Senate 05/14/2009 passed with amendment 1.
House Status: Taken off notice in House State & Local
Government 05/20/2009.
|
SB 2620
Tracy
HB 2702
Moore
|
Public entity lobbyists: required disclosures. Requires public
entities to disclose the exact amount of lobbyist compensation and
employer expenditures incurred to influence legislative or
administrative action through public opinion or grassroots efforts. (S:
Tracy; H: Moore)
Senate Co-Sponsor: Ketron
Senate Status: Referred to Senate State & Local
Government.
House Status: Withdrawn in House 01/27/2010.
|
SB 2635
Johnson J.
HB 2536
Casada
|
Increases in campaign contribution limits. Raises the limit on
campaign contributions by individuals from $2,500 to $3,000 for
candidates in a statewide election for office. Raises the limit for
contributions to a candidate for other state or local public office from
$1,000 to $1,200. (S: Johnson J.; H: Casada)
Senate Status: Referred to Senate State & Local
Government.
House Status: Referred to House Elections Subcommittee.
|
SB 2682
Ketron
HB 2798
McCormick
|
Absentee voting by members of the armed service. Allows the
registrar to email a ballot to each member of the armed forces and each
citizen temporarily outside the United States who is entitled to vote
and who has submitted a valid application for a ballot. (S: Ketron; H:
McCormick)
Senate Co-Sponsor: Gresham
House Co-Sponsors:
Campfield; Carr; Cobb J.; Lynn; Johnson C.; Sargent; Montgomery
Senate Status: Referred to Senate State & Local
Government.
House Status: Taken off notice in House Elections Subcommittee
02/09/2010.
|
SB 2683
Ketron
HB
2749
Todd
|
Sufficiency and timeliness of filings. Requires election
officials to inspect filings for sufficiency and timeliness. Creates the
conclusive presumption that accepted filings are sufficient and timely
filed. (S: Ketron; H: Todd)
Senate Status: Referred to Senate State & Local
Government.
House Status: Caption bill held on House clerk's desk.
|
SB 2760
Norris
HB
2812
Odom
|
Biannual employer disclosure reports - filing deadlines. Revises
biannual employer disclosure reports filing deadlines from within 45
days of March 31 and September 30 to within 45 days of June 30 and
December 31. (S: Norris; H: Odom)
House Co-Sponsors: Cobb T.;
Todd
Senate Status: Taken off notice in Senate State & Local
Government 03/17/2010.
House Status: House State & Local Government 02/09/2010
recommended. Sent to Calendar & Rules.
|
SB 2852
Tracy
HB 2960
Moore
|
Disclosure regarding lobbyist compensation. Requires certain
agencies and entities of state, county, and municipal governments that
engage in lobbying to electronically file a six-month report within 45
days of March 31 and September 30 that entails the exact aggregate
amount of lobbyist compensation and the exact aggregate amount of
expenditures used for the purpose of influencing legislative or
administrative action. (S: Tracy; H: Moore)
Senate Status: Referred to Senate State & Local
Government.
House Status: Referred to House Local Government Subcommittee.
|
SB 3051
Woodson
HB 3207
Casada
|
Campaign contribution limits. Increases the campaign contribution
limits in accordance with the percentage of change in the average
consumer price index on January 1 of every odd-numbered year beginning
in 2011. (S: Woodson; H: Casada)
Senate Status: Referred to Senate State & Local
Government.
House Status: Referred to House State Government Subcommittee.
|
SB 3118
Berke
HB 3587
Coleman
|
Corporations - statement of contributions and expenditures. Requires
corporations that contribute in any way to political campaigns to file a
report including all contributions received and expended. Specifies
that certain advertisements by corporations expressly for or against a
specific candidate shall have a disclaimer that details the name of the
corporation that funded the advertisement. (S: Berke; H: Coleman)
Senate
Co-Sponsors: Finney L.; Stewart E.; Marrero; Barnes; Harper; Haynes
J.; Burks; Jackson; Tate
House Co-Sponsors: Fincher; Pitts;
Stewart M.; Sontany
Senate Status: Referred to Senate State & Local
Government.
House Status: House Elections Subcommittee deferred to last
calendar.
|
SB 3198
Finney L.
HB 3182
Turner M.
|
Contributions prohibited from foreign corporations. Prohibits
foreign corporations, which do not have authority to transact business
in TN, from using funds to aid either in the election or defeat of any
candidate for office. Creates Class A misdemeanor for violation of this
legislation. (S: Finney L.; H: Turner M.)
Senate Status: Senate State & Local Government deferred
to 03/31/2010.
House Status: House State & Local Government deferred to last
calendar.
|
SB 3251
Tate
HB
3258
Armstrong
|
Gifts from lobbyists. Removes restrictions on gifts from
lobbyists. Allows lobbyists to provide a gift to a candidate for public
office only if the lobbyist electronically reports the gift to the
ethics commission within 48 hours. (S: Tate; H: Armstrong)
Senate Status: Referred to Senate State & Local
Government.
House Status: Referred to House State & Local Government.
House Government Operations will review if recommended.
|
SB 3303
Kelsey
HB 3626
Dennis
|
Corporate Expenditure Disclosure Act. Prohibits corporations from
directly contributing to a specific candidate. Requires corporations
using independent expenditures over $1,000 for media advocating election
or defeat of a candidate to electronically file itemized expenditure
statements with the registry of election finance every ten days. (S:
Kelsey; H: Dennis)
Senate Status: Senate State & Local Government deferred
to 03/24/2010.
House Status: House Elections Subcommittee deferred to
03/23/2010.
|
SB 3369
Marrero
HB 3705
Towns
|
Payment plans for civil penalties issued by registry. Requires
registry of election finance to maintain a register of all civil
penalties imposed and remaining unpaid. Allows a candidate who is unable
to pay an assessed civil penalty within 30 days and who notifies the
registry within 30 days or by the qualifying deadline of an election,
whichever is earlier, to enter into a written payment plan with the
registry and, thus remain eligible to qualify for election. (S: Marrero;
H: Towns)
House Co-Sponsor: Turner M.
Senate Status: Referred to Senate State & Local
Government.
House Status: House Elections Subcommittee deferred to
03/23/2010.
|
SB 3633
Tate
HB
3715
Hardaway
|
Prohibits foreign corporations from funding elections. Prohibits
campaign and party contributions for elections from executive officers
or other representatives of any foreign corporation. Establishes that
foreign corporation campaign contribution is a Class A misdemeanor. (S:
Tate; H: Hardaway)
Senate Status: Referred to Senate State & Local
Government.
House Status: House Elections Subcommittee deferred to
03/23/2010.
|
SB 3660
Marrero
HB
3700
Stewart M.
|
PAC registry of election finance fee increased. Requires that the
registration fee paid by multicandidate political campaign committees
to the registry of election finance be at least $200. (S: Marrero; H:
Stewart M.)
Senate Status: Referred to Senate State & Local
Government.
House Status: Referred to House Elections Subcommittee.
|
SB 3664
Tate
HB
3714
Hardaway
|
Business not in state barred from funding candidate in TN. Prohibits
corporations domicile outside the state or not doing any business
within this state to contribute to a campaign fund in the state of
Tennessee. (S: Tate; H: Hardaway)
Senate Status: Referred to Senate State & Local
Government.
House Status: House Elections Subcommittee deferred to
03/23/2010.
|
SB 3672
Tate
HB
3713
Hardaway
|
Campaign finance regarding judicial elections. Classifies any
executive officer or other representative of any corporation donating
funds for the election of any judicial office as a Class B misdemeanor.
(S: Tate; H: Hardaway)
Senate Status: Referred to Senate State & Local
Government.
House Status: Caption bill held on House clerk's desk.
|
SB 3674
Bunch
HB
3211
Casada
|
Redefines employer of a lobbyist. Includes in the definition of
"employer of a lobbyist" for corporations, associations, and other
organizations persons who are in-house counsel, corporate officers,
board members, and persons in government relations or oversight of
government relations positions. (S: Bunch; H: Casada)
Senate Status: Referred to Senate State & Local
Government.
House Status: Referred to House State Government Subcommittee.
|
SB 3797
Marrero
|
Prohibits corporations from influencing elections. Prohibits
corporations not residing or not doing business within the state from
using their funds to influence any public office elections. (S: Marrero)
Senate Status: Referred to Senate State & Local
Government.
|
SB 3798
Marrero
|
Corporations influencing judicial elections. Establishes that a
corporation who uses funds to influence a judicial election has
committed a Class B misdemeanor. (S: Marrero)
Senate Status: Referred to Senate State & Local
Government.
|
HB 2537
Casada
|
Corporate contributions to political campaigns. Eliminates the
restrictions against using corporate funds for campaign contributions.
(H: Casada)
House Status: Withdrawn in House 02/03/2010.
|
HJR 0180
Casada
|
TN Ethics Commission - appointment of John K. King. Confirms the
appointment of Mr. John K. King to the Tennessee ethics commission. (H:
Casada)
Senate Status: Senate 03/09/2009 concurred.
House Status: House 03/09/2009 adopted.
Other Status: Signed by governor 03/12/2009.
|
COMMERCIAL LAW |
SB 0472
Johnson J.
HB 0664
Sargent
|
Low-profit limited liability companies. Authorizes the formation
of low-profit limited liability companies (LC3), which are defined as
companies formed to further charitable or educational purposes. (S:
Johnson J.; H: Sargent)
Senate Status: Taken off notice in Senate Commerce, Labor
& Agriculture 04/28/2009.
House Status: Taken off notice in House Civil Practice
Subcommittee 05/06/2009.
|
SB 0582
Henry
HB
0618
Sontany
Public Chapter (PDF)
|
Protection of social security numbers of consumers. Prohibits
social security number from being printed on any card, identification,
or badge that the consumer must display in order to receive a service or
make a purchase. Broadly captioned. (S: Henry; H: Sontany)
Amendment: Senate amendment 1 corrects a typographical
error, changing "(d)" to "(f)".
Senate Status: Senate 05/04/2009 passed with amendment 1.
House Status: House passed 05/11/2009.
Other Status: Enacted as Public Chapter 0269 (effective
05/21/2009).
|
SB 0598
Burchett
HB 0550
Hardaway
|
Referring to governmental entities in advertising. Makes the act
of using any word in an advertisement or trade name referring to a
governmental entity that may tend to mislead consumers to believe a
private entity is, is acting for or on behalf of, or has a direct or
indirect relationship to a governmental entity, when such use is false,
inaccurate, or misleading a violation of the Consumer Protection Act.
Clarifies that using the plural of words such agency, state or bureau in
a company name in attempt to lead consumers to the believe the company
has a formal connection to the state is one example of such a violation.
(S: Burchett; H: Hardaway)
Senate Status: Referred to Senate Commerce, Labor &
Agriculture.
House Status: Failed 04/21/2009 in House Consumer Affairs
Subcommittee.
|
SB 0627
Southerland
HB 1239
Curtiss
|
Purchase-money security interest. Requires a purchase-money
security interest to be perfected within 60 days rather than 30 in order
to have priority over a conflicting security interest. (S: Southerland;
H: Curtiss)
Senate Status: Taken off notice in Senate Commerce, Labor
& Agriculture 04/28/2009.
House Status: Caption bill held on House clerk's desk.
|
SB 0812
Overbey
HB 1278
Stewart M.
Public Chapter (PDF)
|
Uniform Debt Management Services Act. Enacts the "Uniform Debt
Management Services Act." Requires debt management service providers to
register with the state as such and continue to operate as a non-profit
organization for tax purposes as long as the provider is in operation.
Specifies certain registration requirements and procedures. Establishes
maximum dollar amounts that such providers can charge for certain
services. Requires such debt management providers to have insurance
coverage of at least $250,000. Requires such providers to maintain a
website with contact information and other information about the
organization and its operations. (48 pp.) (S: Overbey; H: Stewart M.)
Amendment: Senate amendment 1, as amended, establishes
additional limits for compensation rates for services should the
creditor and the individual reach an agreement that settles the debt for
less than the principal amount. Makes technical changes within the
bill. Requires the Director of Consumer Affairs in the Department of
Commerce and Insurance to establish fees and penalties in amounts
sufficient to make the operation of this program self-supporting. Senate
amendment 3 changes the administrator of the program to be the
commissioner of the department of commerce and insurance. Permits the
administrator to promulgate rules for the operation of the program.
Senate amendment 4 makes small changes to the language without changing
any substance or meaning of the bill. House amendment 3 corrects a
typographical error.
Senate Status: Senate 06/02/2009 concurred in House amendment
3.
House Status: House 05/26/2009 passed with amendment 3.
Other Status: Enacted as Public Chapter 0469 (effective
07/01/2010).
|
SB 0813
Overbey
HB 1279
Stewart M.
|
Uniform Debt Management Services Act. Enacts the "Uniform Debt
Management Services Act." Requires debt management service providers to
register with the state as such and continue to operate as a non-profit
organization for tax purposes as long as the provider is in operation.
Specifies certain registration requirements and procedures. Establishes
maximum dollar amounts that such providers can charge for certain
services. Requires such debt management providers to have insurance
coverage of at least $250,000. Requires such providers to maintain a
website with contact information and other information about the
organization and its operations. (S: Overbey; H: Stewart M.)
Senate Status: Referred to Senate Commerce, Labor &
Agriculture.
House Status: Referred to House Consumer Affairs Subcommittee.
|
SB 0847
Black
HB 1206
McCord
|
Claiming of damages under Consumer Protection Act. Requires an
individual claiming damages under Consumer Protection Act to prove
causal link between alleged act and person's damages. Requires such a
claimant to show actual out-of-pocket loss based on actual market value
of good or service received in order to recover damages. (S: Black; H:
McCord)
Senate Status: Senate Commerce, Labor & Agriculture
deferred to 05/26/2009.
House Status: House Consumer & Employee Affairs deferred to
last calendar.
|
SB 0887
Ketron
HB
0847
Mumpower
|
Redacting of social security numbers from documents. Prohibits
the preparer of any document recorded in a filing office from placing a
social security identification number on any document filed or recorded
in the office, other than a power of attorney. (S: Ketron; H: Mumpower)
Senate Status: Referred to Senate Commerce, Labor &
Agriculture.
House Status: Taken off notice in House Judiciary 04/22/2009.
|
SB 1233
Bunch
HB
0914
Hill
|
Worthless checks - charges for notification. Allows payee of a
worthless check to charge a $5.00 handling fee for giving notice by
certified mail to the maker of the bad check. (S: Bunch; H: Hill)
Senate Status: Taken off notice in Senate Commerce, Labor
& Agriculture 04/21/2009.
House Status: Taken off notice in House Civil Practice
Subcommittee 04/14/2009.
|
SB 1785
Herron
HB 2229
Fitzhugh
Public Chapter (PDF)
|
Complying with laws on employment of household employees. Enacts
"The More Jobs and Revenues, Less Hassle and Expenses, Help Businesses
and Taxpayers Act of 2009." Requires the department of revenue to
consult and explore the possibility of simplifying and streamlining
federal and state requirements placed upon citizens who employ household
employees and the forms such employers must file to comply with the
Tennessee Employment Security Law, the Federal Unemployment Tax Act, and
social security and Medicare taxes. Specifies such consultation must
include exploration of the possibility of filing one simplified form for
both state and federal purposes. (S: Herron; H: Fitzhugh)
Senate Status: Senate passed 06/16/2009.
House Status: House passed 06/17/2009.
Other Status: Enacted as Public Chapter 0522 (effective
06/25/2009).
|
SB 2099
Burchett
HB 2153
McCord
|
Termination of corporate existence. Requires the secretary of
state to develop a consolidated form for submission of the information
required for the dissolution and termination of a corporation or LLC.
Specifies that the filing fee for such form is not to exceed $20.00. (S:
Burchett; H: McCord)
Senate Status: Referred to Senate State & Local
Government.
House Status: Referred to House Judiciary Civil Practice
Subcommittee.
|
SB 2291
Kyle
HB
2279
Turner M.
|
Division of consumer affairs to file petitions in court. Permits
the division of consumer affairs under the department of commerce and
insurance to file certain petitions under the Consumer Protection Act in
courts of first impression in Davidson County. (S: Kyle; H: Turner M.)
Senate Status: Taken off notice in Senate Commerce, Labor
& Agriculture 04/28/2009.
House Status: Taken off notice in House Consumer Affairs
Subcommittee 04/28/2009.
|
SB 2339
Ford O.
HB
2369
Turner J.
|
Breach of fiduciary duty of directors. Increases time period for
enforcement of breach of fiduciary duty of directors of for-profit
corporations from one year to three years. Also increases statute of
repose from three years to six years. (S: Ford O.; H: Turner J.)
Senate Status: Referred to Senate Commerce, Labor &
Agriculture.
House Status: House sponsor changed from Turner L. to Turner J.
on 02/11/2010.
|
SB 2942
Norris
HB 3751
Faulkner
|
LLCs seeking administrative dissolution. Requires limited
liability companies seeking administrative dissolution to receive a
certificate from the department of revenue stating that all compliance
with revenue laws of this state have been met prior to the secretary of
state granting dissolution. (S: Norris; H: Faulkner)
Senate Status: Referred to Senate Commerce, Labor &
Agriculture.
House Status: Referred to House Judiciary Civil Practice
Subcommittee.
|
SB 3331
McNally
HB
3226
McCord
|
Applications by LLCs and LLPs. Requires the secretary of state
to, upon receipt of an application for certificate of authority,
articles of organization or any other formational document filed by any
LLC or LLP to send a copy of such document to the applicable licensing
board of the state. (S: McNally; H: McCord)
Senate Status: Referred to Senate Commerce, Labor &
Agriculture.
House Status: House Civil Practice Subcommittee deferred to
03/24/2010.
|
SB 3407
Burchett
HB 3523
Harwell
|
Installation of covered file-sharing programs. Prohibits the
installation or downloading of covered file-sharing programs on a
computer without providing clear and conspicuous notice to the owner
that files will be publicly available. Makes such practices a violation
of the Tennessee Consumer Protection Act. (S: Burchett; H: Harwell)
Senate
Co-Sponsors: Beavers; Ketron; Black; Overbey; Burks; Johnson J.;
Tracy; Yager
House Co-Sponsor: Odom
Amendment: Senate amendment 1, House Consumer & Employee
Affairs Committee amendment 1 rewrites the bill. Defines "covered
file-sharing program." Adds, as an unfair or deceptive act or practice
under the Tennessee Consumer Protection Act of 1977, the installation
of, offering for installation, or making available for installation,
reinstallation, or update a covered file-sharing program on a computer
that is not owned by the person who installs, offers for, or makes
available for installation, reinstallation, or update without prior
notice that all files will be available to the public without
affirmative action by the owner of the computer. Also, preventing
reasonable efforts to disable or remove, or to block the installation or
execution of, a covered file-sharing program on a computer is a
violation.
Senate Status: Senate 02/18/2010 passed with amendment 1.
House Status: House Consumer & Employee Affairs recommended
03/17/2010 with amendment 1, which rewrites the bill. Defines "covered
file-sharing program." Adds, as an unfair or deceptive act or practice
under the Tennessee Consumer Protection Act of 1977, the installation
of, offering for installation, or making available for installation,
reinstallation, or update a covered file-sharing program on a computer
that is not owned by the person who installs, offers for, or makes
available for installation, reinstallation, or update without prior
notice that all files will be available to the public without
affirmative action by the owner of the computer. Also, preventing
reasonable efforts to disable or remove, or to block the installation or
execution of, a covered file-sharing program on a computer is a
violation. Sent to Calendar & Rules.
|
SB 3652
Beavers
HB 3952
Weaver
|
Special purpose corporations and associations - obligations. Increases
the total limit of obligations of certain corporations from 10 times
the amount of their paid-in capital and surplus to 15 times the amount
of their paid-in capital and surplus. (S: Beavers; H: Weaver)
Senate Status: Senate Commerce, Labor & Agriculture
deferred to 03/23/2010.
House Status: House Civil Practice Subcommittee deferred to
03/24/2010.
|
SB 3701
Black
HB
2530
Casada
|
Proxy appointment for corporate shareholder voting. Increases
length of validity for proxy appointment for corporate shareholder
voting purposes to one year from 11 months. (S: Black; H: Casada)
Senate Status: Referred to Senate Commerce, Labor &
Agriculture.
House Status: Caption bill held on House clerk's desk.
|
SB 3813
Johnson J.
HB 3642
Sargent
|
Corporations, LLCs, & LLPs: filing dates and member changes. Changes
certain filing dates for corporations and LLCs. Changes certain
membership requirements for LLPs and LLCs. (S: Johnson J.; H: Sargent)
Senate Status: Withdrawn in Senate 02/08/2010.
House Status: Withdrawn in House 02/08/2010.
|
SB 3814
Johnson J.
HB 3644
Sargent
|
Business organizations: domestic or foreign LLC, LLP, or LP. Authorizes
anyone to apply to the secretary of state to furnish a certificate of
existence for a domestic LLC, LLP, or LP or a certificate of
authorization for a foreign LLC, LLP, or LP. Specifies the requirements
of the certificate of existence or authorization. (S: Johnson J.; H:
Sargent)
Amendment: House Judiciary amendment 1 adds extra
requirements in certificates of existence or authorization for LLCs,
LLPs, & LPs; requires $20 fee for application for certificate of
existence or authorization; and redefines terms relating to foreign
LLCs, LLPs, and LPs.
Senate Status: Re-referred to Senate Commerce, Labor &
Agriculture from the Senate floor 03/15/2010.
House Status: Set for House floor 03/22/2010.
|
SB 3815
Johnson J.
HB 3645
Sargent
|
Distinguishable names for corporations or partnerships. Creates
an additional exception to the general rule that the name of a
corporation or limited partnership must be distinguishable from the name
of another business organization authorized to do business in this
state by having consent in writing or a form satisfactory to the
secretary of state. (S: Johnson J.; H: Sargent)
Amendment: House Judiciary amendment 1 rewrites the bill and
establishes new standards for both foreign and domestic corporations,
LLCs, LLPs, and LPs without distinguishable names to apply for approval
to the secretary of state under certain circumstances. Senate Commerce
amendment 1, House Judiciary Civil Procedure amendment 1 corrects
typographical errors, changing ":or" to ";".
Senate Status: Referred to Senate Commerce, Labor &
Agriculture.
House Status: Set for House floor 03/22/2010.
|
SB 3817
Johnson J.
HB 3643
Sargent
|
Business organizations: filing requirements and procedure. Specifies
when the secretary of state must file: a corporation's articles of
dissolution or revocation of dissolution, a foreign corporation's
certificate of authority, an LLC's articles of termination or articles
of termination of existence, a foreign LLC's certificate of authority,
an LP's certificate of cancellation, and a foreign LP's certificate of
cancellation of registration. Revises the way a foreign corporation or
LLC may reinstate a certificate of authority after the certificate has
been administratively revoked. Broadly captioned. (12 pp.) (S: Johnson
J.; H: Sargent)
Amendment: Senate Commerce amendment 1, House Judiciary
amendment 1 rewrites the bill. Revises current law to add new statutory
requirements which would require the Secretary of State to receive a
confirmation of good standing from a foreign entity that the Secretary
of State determines has been transacting unauthorized business in this
state for a year or more; requires that entities submit a confirmation
of good standing prior to reinstatement after an administrative
dissolution or revocation; and requires entities not previously required
to submit a tax clearance for termination or withdrawal prior to
termination or withdrawal to submit such clearance.
Senate Status: Senate Commerce, Labor & Agriculture
03/16/2010 recommended with amendment 1.
House Status: Set for House floor 03/22/2010.
|
SB 3862
Kyle
HB 3817
Turner J.
|
Violations of Fair Debt Collection Practices Act. Makes engaging
in any prohibited practice while attempting to collect or collecting a
debt a violation of the Consumer Protection Act of 1977. (Part of
Administration Package) (S: Kyle; H: Turner J.)
Senate Co-Sponsor:
Tate
House Co-Sponsor: Turner M.
Senate Status: Referred to Senate Commerce, Labor &
Agriculture.
House Status: Taken off notice in House Consumer Affairs
Subcommittee 03/16/2010.
|
HB 2527
Casada
|
Claim against dissolved limited partnership. Increases to four
months from three months the time limit for a claimant to file a claim
against dissolved limited partnership. (H: Casada)
House Status: Caption bill held on House clerk's desk.
|
CONSTRUCTION |
SB 1417
Ketron
HB
1252
Curtiss
Public Chapter (PDF)
|
Waiving of lien rights by subcontractor. Establishes as an unfair
act under the Consumer Protection Act the practice of a general
contractor requiring a subcontractor as a condition of being awarded a
job to waive the subcontractor's lien rights or to acquiesce in a
written contract to only receiving remuneration for the subcontractor's
work if the general contractor receives remuneration for such project.
(S: Ketron; H: Curtiss)
Amendment: House amendment 1 makes the bill. Provides that
if a contractor solicits an individual to sign a contract requiring the
individual to waive a right of lien in violation of the law, such
individual shall notify the state board for licensing contractors of
such fact. Specifies that if the contractor subsequently comes into
compliance with the law and affirmatively states that such language will
not be included in any future contracts to perform construction work in
the state, no further action shall be taken by the board against the
contractor. If the contractor does not agree to comply with the law, the
board shall reserve the right to revoke the contractor's license.
Senate Status: Senate 06/02/2009 concurred in House amendment
1.
House Status: House 05/21/2009 passed with amendment 1.
Other Status: Enacted as Public Chapter 0483 (effective
07/01/2009).
|
SB 3463
Stewart E.
HB 3372
Swafford
|
Photos of building required as part of pre-blast survey. Requires
a sufficient number of photographs of a building be taken as a part of
the pre-blast survey, if requested by the owner or occupant of the
building, to document the structural integrity of the interior and
exterior walls, ceilings, floor and roof structure as well as the
foundation of the building prior to blasting. (S: Stewart E.; H:
Swafford)
Senate Status: Referred to Senate Commerce, Labor &
Agriculture.
House Status: Referred to House Commerce Industrial Impact
Subcommittee.
|
CORRECTIONS |
SB 1209
Woodson
HB 1437
Harwell
|
Use of restraints on pregnant inmates. Prohibits a correctional
institution from using restraints on a pregnant prisoner or detainee,
including during labor, transport to a medical facility, delivery and
post-partum, unless the corrections official makes an individualized
determination that the prisoner or detainee presents an extraordinary
circumstance that dictates restraints to ensure safety of the staff of
the correctional institution or medical facility, other prisoners or the
public. Expressly prohibits the use of leg or waist restraints on any
prisoner or detainee who is in labor or delivery. (S: Woodson; H:
Harwell)
Amendment: Senate amendment 1 corrects sentence fragment in
Section 1(c) by changing the period after the word "children" to a
comma. House amendment 3 rewrites the bill to require the correction
officer accompanying a pregnant prisoner or detainee to immediately
remove all restraints, if the physician, physician's assistant, nurse
practitioner, or midwife treating the prisoner or detainee requests that
restraints not be used. This requirement would not apply if the
correction official makes a determination that the prisoner or detainee
presents an extraordinary circumstance that dictates restraints be used
to ensure the safety and security of the prisoner or detainee, the staff
of the correctional institution or medical facility, other prisoners or
detainees, or the public. Under no circumstances may leg or waist
restraints be used on any prisoner or detainee who is in labor or
delivery. If restraints are used on a prisoner or detainee pursuant to
this bill: (1) The type
of restraint applied and the application of the restraint both must be
done in the least restrictive manner necessary; and (2) The correction
official must make written findings within 10 days as to the
extraordinary circumstance that dictated the use of the restraints to
ensure the safety and security of the prisoner or detainee, the staff of
the correctional institution or medical facility, other prisoners or
detainees, or the public. These findings must be kept on file by the
institution for at least five years and be made available for public
inspection. No information identifying any prisoner or detainee would be
made public without the prisoner or detainee's prior written consent.
Oversight Corrections Committee comment: Oversight
Corrections Committee 03/16/2009 adopted and released to full committee
with additional remark that it would prohibit the use of restraints by
correctional officers in correctional facilities on women who are in
labor, delivering a child or immediately post partum, the exception
being if the corrections official makes a determination that the
prisoner or detainee poses an extraordinary circumstance that would
dictate restraints. The oversight committee assumes those circumstances
would include but not be limited to; the prisoner posing a risk to
herself or others; the prisoner posing a risk of flight or the prisoner
acting in an irrational or threatening manner. NOTE: Section 1(c)
Clarification is needed in the second sentence of this paragraph. It
reads: "Unless the inmate is kept in the hospital for an extended
period for other reasons not associated with the birth of her child or
children."
Senate Status: Held on Senate clerk's desk 06/18/2009.
House Status: House 05/21/2009 passed with amendment 3.
Other Status: Oversight Corrections Committee 03/16/2009
reviewed, comment adopted and released to full committee.
|
SB 2255
Kyle
HB
2261
Turner M.
|
Offenders released to board of probation and parole. Specifies
that an offender is to be released to the board of probation and parole,
instead of the department of correction, upon successful completion of a
special alternative incarceration program or a technical violator
program (Part of Administration Package). (S: Kyle; H: Turner M.)
Oversight Corrections Committee comment: Oversight
Corrections Committee 03/16/2009 adopted and released to full committee
with additional remark that this bill would allow for release of
offenders to the custody of the Board of Probation and Parole upon
completion of an alternative incarceration program or a technical
violator program. This would assist in providing intensive monitoring of
inmates through the Board of Probation and Parole.
Senate Status: Referred to Senate State & Local
Government.
House Status: Caption bill held on House clerk's desk.
Other Status: Oversight Corrections Committee 03/16/2009
reviewed, comment adopted and released to full committee.
|
SB 2821
Finney L.
HB 3539
Maddox
|
Bail bond agent compliance with education requirements. Provides
additional thirty days for agent to provide certificate of compliance
with continuing education requirements. Sets period at 90 days from
previous 60 days. (S: Finney L.; H: Maddox)
Senate Status: Senate Judiciary deferred to 03/16/2010.
House Status: House Judiciary deferred to 03/23/2010.
|
CRIMINAL LAW |
SB 0019
Gresham
HB 0082
Shaw
|
Carrying firearms - judges. Authorizes current and retired judges
who possess a handgun carry permit to carry a firearm under the same
circumstances and conditions as law enforcement officers and
correctional officers. Current law allows law enforcement officers to
carry firearms at all times, on-duty or off-duty, except if prohibited
by federal law, court orders, or written directives of the executive
supervisor of the employing agency, or if the officer is on school
grounds or under the influence of alcohol or a controlled substance. (S:
Gresham; H: Shaw)
Amendment: Senate amendment 1 allows persons who are vested
with judicial powers to carry weapons during judicial proceedings when
they are discharging their official duties as a judge and when they
possess a handgun carry permit. House amendment 1 imposes the following
requirements for this bill's authorization for judges and retired judges
to apply: (1) The judge must be authorized to carry a weapon pursuant
to the present law provisions governing handgun carry permits; (2) The
judge must complete, at the judge's expense, the firearms component of
the Basic Law Enforcement Course that is included within the minimum
curricula requirements for police officer certification as established
in the rules of the peace officer standards and training (POST)
commission; and (3) Beginning in the year immediately following the year
in which the judge completes the requirement of (2), the judge must
annually complete, at the judge's expense, the firearms requalification
requirement of
the In-Service Training Requirements for police officers as established
in the rules of the POST commission. Requires the POST Commission to
establish by rule an appropriate fee to charge judges who attempt the
firearms component of the Basic Law Enforcement Course and the firearms
requalification requirement of the In-Service Training Requirements for
police officers. Specifies that the fee must be sufficient to defray all
cost of participation in such training.
Senate Status: Senate 06/09/2009 appoints conference
committee.
House Status: House 06/03/2009 appoints conference committee.
|
SB 0066
Bunch
HB 0516
Matheny
Public Chapter (PDF)
|
False information provided to housing projects made theft. Creates
an offense of theft for a person who applies for or receives
accommodations in a housing project using false information and grades
such offense by its severity. (S: Bunch; H: Matheny)
Amendment: House amendment 2 makes the bill. Creates a new
offense for a person who receives or attempts to receive accommodation
in a housing project by using false documentation or information if the
person qualifies for such housing or a lower lease rate than he should
have. Specifies that this offense is punishable by a Class A misdemeanor
with a fine only and utilizes the grading provision for punishment
currently in the code.
Senate Status: Senate passed 05/18/2009.
House Status: House 05/11/2009 passed with amendment 2.
Other Status: Enacted as Public Chapter 0325 (effective
07/01/2009).
|
SB 0069
Bunch
HB 0259
Watson E.
|
Offense of committing a terroristic threat or act. Creates Class E
and D felony offenses for committing or attempting to commit a
terroristic threat or act. Also creates Class C and B felony offenses
for committing or attempting to commit a terroristic threat or act
against another in retaliation for that person being a witness at a
judicial proceeding or providing information to law enforcement
officers. Establishes a Class A felony offense for committing or
attempting to commit a terroristic act that causes serious physical
injury to another. (S: Bunch; H: Watson E.)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Criminal Practice
Subcommittee.
|
SB 0101
Berke
HB 0609
Stewart M.
|
Cost of temporary lodging for victims of domestic violence. Authorizes
reimbursement for reasonable costs of temporary lodging for victims of
domestic violence, not to exceed 14 days, from the criminal injuries
compensation fund. (S: Berke; H: Stewart M.)
Amendment: Senate Judiciary amendment 1, House Judiciary
amendment 1 makes the bill. Authorizes reimbursement from the criminal
injuries compensation fund for the reasonable costs of temporary
lodging, not to exceed 14 days, for domestic violence victims provided
the lodging was not arranged or provided by a domestic violence center
or other organization that receives federal or state funds that may be
used to provide or pay for the lodging.
Senate Status: Taken off notice in Senate Finance, Ways &
Means 06/18/2009.
House Status: House Budget Subcommittee 06/15/2009 deferred to
next calendar.
|
SB 0182
Jackson
HB 0385
Sontany
|
Animal Abuser Registration, Tracking and Verification Act. Creates
the Tennessee Animal Abuser Registry and requires the clerk of court
where the conviction for the animal abuse offense occurs to forward to
the TBI a copy of the judgment document of the conviction. Obligates the
TBI to maintain the registry, which must consist of the person's name,
date of birth, residential address, all animal abuse offense
convictions, conviction dates, county and state of convictions, person's
photograph and other such identifying information that the TBI deems
necessary, but not including the person's social security number.
Requires an abuser who is subject to registration to pay a fee of
$50.00. Requires TBI to remove from the registry the name and other
identifying information for any person who has not been convicted of an
animal abuse offense for a period of 10 years from the person's most
recent conviction. Creates a Class E felony punishable by fine for
abusers who knowingly falsify
information supplied to the TBI, fail to timely disclose required
information to the TBI and fail to pay any applicable fees, if
financially able. (S: Jackson; H: Sontany)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Criminal Practice
Subcommittee.
|
SB 0190
Bunch
HB
0266
Watson E.
|
Self defense used in a person's business. Clarifies that the law
of self-defense applies to a person's business, in addition to a
person's lawful residence, dwelling and vehicle. (S: Bunch; H: Watson
E.)
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Criminal Practice
Subcommittee 03/25/2009.
|
SB 0245
Gresham
HB 0521
Rich
|
Authorizes judges and district attorneys to carry firearms. Allows
any person with a gun carry permit to possess a firearm at any public
park, public postsecondary institution, and restaurant in this state if
the person is not consuming alcoholic beverages. Authorizes judges and
district attorneys with handgun carry permits or appropriate training to
carry firearms where law enforcement is authorized to carry firearms.
(S: Gresham; H: Rich)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Criminal Practice
Subcommittee.
|
SB 0260
Jackson
HB 0597
Coleman
Public Chapter (PDF)
|
Disposition of post-conviction relief petitions. Requires the
administrative office of the court to propose a realistic time within
which post-conviction relief petitions in capital cases are finally
disposed of if it is determined the one-year statutory time limit is not
realistic. (S: Jackson; H: Coleman)
Amendment: House amendment 1 changes first date by which AOC
must submit the compliance report to the chief clerk of each house and
the chair of the judiciary committee of each house to December 1, 2009,
from December 1, 2008.
Senate Status: Senate passed 06/18/2009.
House Status: House 05/26/2009 passed with amendment 1.
Other Status: Enacted as Public Chapter 0594 (effective
07/08/2009).
|
SB 0261
Jackson
HB 0596
Coleman
|
Recording of custodial interrogation related to homicide. Requires
all statements made by a person during a custodial interrogation
relating to a homicide to be electronically recorded and preserved. (S:
Jackson; H: Coleman)
Senate Status: Taken off notice in Senate Judiciary
05/06/2009.
House Status: Taken off notice in House Criminal Practice
Subcommittee 04/22/2009.
|
SB 0262
Jackson
HB 0972
McCord
|
Handgun permit holder allowed to carry gun in parks. Authorizes
anyone with handgun carry permit to possess firearm in local, state, or
federal parks in TN or in a refuge, public hunting area, wildlife
management area, or on national forest land in TN. Declares that no
state or local government entity may prohibit anyone with a handgun
carry permit from possessing a firearm in any public park in TN. (S:
Jackson; H: McCord)
Senate Status: Taken off notice in Senate Judiciary Firearms
& Ammunitions Subcommittee 03/18/2009.
House Status: House Judiciary Criminal Practice Subcommittee
deferred to summer study. 04/08/2009.
|
SB 0265
Jackson
HB 0489
Tidwell
|
Possession of firearm where alcohol is served. Permits a person
who has a permit to carry a handgun to carry gun in place where alcohol
is served for consumption on premises if person not consuming alcohol or
is not otherwise prohibited by posting provisions. Known as the "guns
in bars" bill. (S: Jackson; H: Tidwell)
Senate Status: Taken off notice in Senate Judiciary Firearms
& Ammunitions Subcommittee 03/18/2009.
House Status: Taken off notice in House Criminal Practice
Subcommittee 04/01/2009.
|
SB 0385
Barnes
HB
0406
Pitts
|
Life sentences for rape of a child. Requires any child sexual
predator, child rapist, or any person convicted of aggravated rape of a
child who has a prior conviction for certain sexual offenses to be
sentenced to life without the possibility of parole. (S: Barnes; H:
Pitts)
Senate Status: Withdrawn in Senate 02/11/2009.
House Status: Withdrawn in House 02/11/2009.
|
SB 0392
Black
HB 0622
Maggart
|
Juvenile sex offenders on sex offender registry. Requires
juveniles 14 to 18 years of age adjudicated delinquent for commission of
offenses of aggravated rape of a child, rape of a child, aggravated
rape, and attempt to commit any such offense to register with the sex
offender registry as a violent juvenile sexual offender. (S: Black; H:
Maggart)
House Co-Sponsors: Dean; Bass; Casada; Lynn
Senate Status: Taken off notice in Senate Judiciary
04/01/2009.
House Status: Taken off notice in House Criminal Practice
Subcommittee 04/08/2009.
Other Status: Tennessee Judicial Council reviewed 04/02/2009 with
comment.
|
SB 0408
Henry
HB
0462
Odom
Public Chapter (PDF)
|
Concealing controlled substance in effort to obtain more. Creates
a Class A misdemeanor offense for concealing that one has received a
controlled substance from a health care facility or pharmacy in an
effort to obtain more of that substance. Requires certain health care
professionals to report suspicion of such abuse, or attempts at abuse,
of pharmaceuticals to local law enforcement within three days. Specifies
that any health care professional who reports such behavior will be
granted civil liability. This bill is sometimes referred to as the "Doc
shopping bill." (S: Henry; H: Odom)
Senate Status: Senate passed 03/30/2009.
House Status: House passed 04/02/2009.
Other Status: Enacted as Public Chapter 0067 (effective
07/01/2009).
|
SB 0436
Overbey
HB 1623
McCord
|
Testimony of forensic interviewer. Specifies that in any criminal
proceeding involving sex offenses committed against a victim less than
13 years of age, including aggravated sexual battery, rape of a child
and sexual battery by an authority figure, the testimony of a forensic
interviewer is admissible. (S: Overbey; H: McCord)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Criminal Practice
Subcommittee.
|
SB 0456
Black
HB
0459
McDonald
Public Chapter (PDF)
|
Court-ordered mental health evaluations for juveniles. Obligates
the state to pay for the cost of transporting a child to and from the
nearest state mental hospital for a mental examination if the child has
been committed to a state correctional institution on an offense that
would be a felony if committed by an adult. Obligates the parents to
reimburse the facility or the state if they are financially able. (S:
Black; H: McDonald)
House Co-Sponsor: Maggart
Amendment: House amendment 2 authorizes the Council of
Juvenile and Family Court Judges to establish and administer a program
to fully or partially reimburse counties for costs associated with
inpatient mental health evaluations and examinations conducted on
juveniles charged with an offense which would constitute a felony if
committed by an adult. The program may also reimburse counties for the
costs of detention incurred while obtaining an outpatient evaluation or
examination at a detention facility located in another county. Senate
amendment 1 makes the same changes as House amendment 2 and clarifies
that authorization for the council to promulgate rules for the
reimbursement program pursuant to this bill is subject to present law
concerning the council's rulemaking authority.
Senate Status: Senate 06/18/2009 passed with amendment 1.
House Status: House 06/18/2009 concurred in Senate amendment 1.
Other Status: Enacted as Public Chapter 0593 (effective
08/11/2009).
|
SB 0474
Berke
HB
0070
Fincher
Public Chapter (PDF)
|
Protection of property. Removes prohibition against using deadly
force in protection of property. Specifies that there is an exemption
from provisions allowing the use of deadly force against a person
lawfully allowed to be in a business as there is for a dwelling,
residence or occupied vehicle. (S: Berke; H: Fincher)
Amendment: House amendment 1 deletes section one of the
printed bill and authorizes a person to use deadly force unless the
person is not justified in using deadly force to prevent or terminate
another person's trespass on real estate or unlawful interference with
personal property.
Senate Status: Senate passed 04/30/2009.
House Status: House 03/19/2009 passed with amendment 1.
Other Status: Enacted as Public Chapter 0194 (effective
07/01/2009).
|
SB 0497
Burchett
HB 1724
Lundberg
|
Retail theft created as new criminal offense. Creates Class E
felony offense of retail theft. Defines "retail theft" as the taking
possession of or carrying away of property, money, or negotiable
documents, altering or removing a label, universal product code, or
price, transferring merchandise from one container to another, or
removing a shopping cart, with intent to deprive the merchant of
possession, use, benefit, or full retail value. Specifies that the
action of an anti-shoplifting or inventory control device as a result of
a person exiting an establishment shall constitute reasonable cause for
the detention of the person. (S: Burchett; H: Lundberg)
Senate Status: Senate Judiciary deferred to 04/29/2009.
House Status: Referred to House Judiciary Criminal Practice
Subcommittee.
|
SB 0519
McNally
HB 0791
Matlock
|
Identity theft while obtaining employment. Broadens the offense
of identity theft to include when someone knowingly obtains, possesses,
or uses the personal identifying information of another, including any
dead or fictitious person, to obtain or attempt to obtain employment.
(S: McNally; H: Matlock)
Amendment: House Judiciary Criminal Practice amendment 1
changes the enactment date to July 1, 2010.
Senate Status: Taken off notice in Senate Judiciary
03/04/2009.
House Status: Taken off notice in House Judiciary 02/23/2010.
|
SB 0527
McNally
HB
0350
Hackworth
|
Court ordered mental evaluations for juvenile offenders. Requires
the state to pay for court ordered mental health examinations or
evaluations of juvenile offenders when the child is charged with an
offense that would be a felony if committed by an adult. (S: McNally; H:
Hackworth)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Family Justice Subcommittee.
Other Status: Select Committee on Children & Youth deferred
to next meeting.
|
SB 0541
Ketron
HB 0672
Maggart
|
Misdemeanor for accepting money when not licensed to do so. Creates
Class A misdemeanor punishable by fine only for any person to receive
money for performing a service if not licensed or authorized by the law.
Broadly Captioned. Text of bill is same as HB0673 / SB0542. (S: Ketron;
H: Maggart)
Senate Status: Taken off notice in Senate Judiciary
04/29/2009.
House Status: House Judiciary Criminal Practice Subcommittee
deferred to 03/24/2010.
|
SB 0542
Ketron
HB 0673
Maggart
|
Offense of impersonation. Creates Class A misdemeanor punishable
by fine only for any person to receive money for performing a service if
not licensed or authorized by the law. Text of bill is same as HB0672 /
SB0541 (S: Ketron; H: Maggart)
Senate Status: Referred to Senate Judiciary.
House Status: House Judiciary Criminal Practice Subcommittee
deferred to 03/24/2010.
|
SB 0553
Norris
HB
0232
Todd
|
Use of a counterfeit mark or logo. Revises definition of
"counterfeit mark" to mean a spurious mark that is applied or used in
connection with items, goods or services that is identical or
substantially indistinguishable from a mark registered in this state,
any other state or on the principal register in the U.S. Patent and
Trademark Office. Establishes levels of criminal classification for
violations regarding use of counterfeit mark or logo based on the number
of counterfeit labels, patches, badges, emblems or other items that a
person has in his or her possession. (S: Norris; H: Todd)
Senate Status: Referred to Senate Judiciary.
House Status: House Judiciary Committee deferred to 05/19/2009.
|
SB 0559
Norris
HB 1174
Todd
|
Judicial council to study scheme for misdemeanor sentencing. Requests
the judicial council to study and report on the present scheme for
misdemeanor sentencing to determine if it adequately deters and punishes
those offenders who commit multiple misdemeanor offenses. Requires
council to report its findings to the general assembly by January 15,
2010. (S: Norris; H: Todd)
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Criminal Practice
Subcommittee 03/04/2009.
|
SB 0609
Tracy
HB
0566
Cobb C.
|
Disposition of confiscated weapons. Allows the director of a
judicial district drug task force to petition the court for disposition
of weapons confiscated by the task force. (S: Tracy; H: Cobb C.)
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Criminal Practice
Subcommittee 04/15/2009.
|
SB 0664
Stewart E.
HB 0579
Matheny
|
Leaving the scene of an accident resulting in death. Increases
from a Class E felony to a Class D felony for any person to fail to stop
when death has resulted from an accident. (S: Stewart E.; H: Matheny)
Senate Status: Referred to Senate Judiciary.
House Status: House Judiciary Criminal Practice Subcommittee
deferred to summer study.
|
SB 0666
Stewart E.
HB 0417
Matheny
Public Chapter (PDF)
|
Independent contractors - private deputies for govt land. Authorizes
independent contractors to employ private special deputies to provide
security and law enforcement capability for governmental property as
long as code-specified conditions are met. Current law allows resort
area owners or management companies to employ private special deputies
to provide security and law enforcement for resort area property as long
as the same conditions are met. (S: Stewart E.; H: Matheny)
Amendment: House amendment 1 rewrites the bill to allow an
independent contractor who provides on-site security and law enforcement
capability for federal government property which is an air force base
and home to a development center to employ on or more persons to act as
private special deputies. Requires the contractor to seek appointment of
the person as private special deputy by the sheriff of the county where
the government property is located. Specifies that the authority
granted to such private special deputies extends to all facilities or
property over which the independent contractor has been given authority,
including any public roads or rights-of-way that are contiguous to the
governmental property.
Senate Status: Senate passed 05/04/2009.
House Status: House 04/27/2009 passed with amendment 1.
Other Status: Enacted as Public Chapter 0284 (effective
07/01/2009).
|
SB 0667
Stewart E.
HB 0578
Matheny
|
Leaving the scene of an accident resulting in injury. Increases
the classification for the criminal offense of leaving the scene of an
accident resulting in injury to another person from a Class A
misdemeanor to a Class E felony. (S: Stewart E.; H: Matheny)
Senate Status: Referred to Senate Judiciary.
House Status: House Judiciary Criminal Practice Subcommittee
deferred to summer study.
|
SB 0672
Norris
HB
0606
DeBerry J.
Public Chapter (PDF)
|
Possession of a firearm during a dangerous felony. Defines
attempt to commit first degree murder as a dangerous felony for the
offense of possessing a firearm during commission of a dangerous felony.
(S: Norris; H: DeBerry J.)
Senate Status: Senate passed 06/18/2009.
House Status: House passed 06/17/2009.
Other Status: Enacted as Public Chapter 0583 (effective
01/01/2010).
|
SB 0678
Woodson
HB
0665
Sargent
|
Offense of spotlighting deer. Requires docket number for prior
convictions to be included along with time and place of prior
convictions in the indictment or presentment when prosecuting a person
for second or subsequent offense of spotlighting deer. Broadly
captioned. (S: Woodson; H: Sargent)
Senate Status: Taken off notice in Senate Judiciary
05/06/2009.
House Status: Caption bill held on House clerk's desk.
|
SB 0782
Overbey
HB
0591
Coleman
Public Chapter (PDF)
|
Interception of cellular or wireless phone transmissions. Deletes
offense for the interception of cellular or cordless telephone
transmissions. Redefines "electronic communication" and "wire
communication". (S: Overbey; H: Coleman)
Amendment: House amendment 1 retains the present law
criminal offense for recording or disseminating telephone communications
without having the consent of a party to the conversation or a court
order. Clarifies that this bill will not remove the requirement that a
communication be made "by the aid of wire, cable or other like
connection" to be considered a wire communication.
Senate Status: Senate passed 06/08/2009.
House Status: House 06/04/2009 passed with amendment 1.
Other Status: Enacted as Public Chapter 0440 (effective
07/01/2009).
|
SB 0783
Overbey
HB
0588
Coleman
Public Chapter (PDF)
|
Second degree murder as less included offense. Defines which
crimes may be considered a lesser included offense generally and states
that second degree murder is a lesser included offense of certain first
degree murder charges. (S: Overbey; H: Coleman)
Amendment: Senate amendment 2 specifies that voluntary
manslaughter is a lesser included offense of premeditated first degree
murder and second degree murder. Clarifies that aggravated sexual
battery is a lesser included offense of aggravated rape and that sexual
battery and sexual battery by an authority figure are lesser include
offenses of rape and aggravated rape.
Judicial Council comment: Judicial Council adopted and
released to full committee with additional remark that since the
Tennessee Supreme Court clarified in State v. Ely, 48 S.W.3d 710 (Tenn.
2001) and State v. Locke, 90 S.W.3d 663 (Tenn. 2002) that the right to
receive lesser-included offense instructions is constitutional in
nature, the issue of compliance with the constitutional requirement
under the facts of particular cases has been problematic for trial and
appellate judges alike. It is unclear what effect this change would have
on actual convictions. Reducing the number of available lesser-included
offenses could result in more convictions for greater offenses, or
could have the opposite effect of resulting in more acquittals under
certain circumstances. There is also the possibility that a defendant in
a particular case may be deprived of the right to present a defense.
Senate Status: Senate 06/08/2009 passed with amendment 2.
House Status: House 06/09/2009 concurred in Senate amendment 2.
Other Status: Enacted as Public Chapter 0439 (effective
07/01/2009).
|
SB 0784
Overbey
HB
0590
Coleman
Public Chapter (PDF)
|
Defines proceeds for money laundering offenses. Defines
"proceeds" for money laundering offenses to include gross profits from
the commission of any unlawful activity including real or personal
property acquired through an act or omission. (S: Overbey; H: Coleman)
Senate Status: Senate passed 06/02/2009.
House Status: House passed 05/26/2009.
Other Status: Enacted as Public Chapter 0386 (effective
07/01/2009).
|
SB 0869
Black
HB
0620
Maggart
Public Chapter (PDF)
|
Indecent exposure. Exposing one's genitals, buttocks, female
breasts, or masturbate in one's home in front of any child is a criminal
offense. (S: Black; H: Maggart)
House Co-Sponsors: Eldridge;
Hawk; Carr; Shipley; Cobb J.; Faulkner
Amendment: House amendment 1 clarifies that a prosecution
would not commence for the commission of the offense of indecent
exposure by the intended exposure of the accused's genitals, buttock or
female breasts in the accused's residence and in the presence of a child
based solely upon the uncorroborated testimony of a witness who shares a
domestic relationship with the accused as listed under the present law
definition of "domestic abuse victim".
Senate Status: Senate passed 06/03/2009.
House Status: House 04/16/2009 passed with amendment 1.
Other Status: Enacted as Public Chapter 0414 (effective
07/01/2009).
|
SB 0901
Burks
HB
0829
Jones S.
|
Court-ordered mental health evaluations for juveniles. Obligates
the state to pay for court-ordered mental health evaluations of juvenile
offenders when charged with an offense that would be a felony if
committed by an adult. (S: Burks; H: Jones S.)
Senate Co-Sponsor:
McNally
House Co-Sponsor: Hackworth
Amendment: Senate Judiciary amendment 1 returns the bill to
its original form and requires the state to pay for the court ordered
mental health evaluations.
Senate Status: Taken off notice in Senate Finance, Ways &
Means 06/18/2009.
House Status: Taken off notice in House Children & Family
Affairs 05/19/2009.
Other Status: Select Committee on Children & Youth deferred
to next meeting.
|
SB 0910
Burks
HB
0328
Jones S.
|
Testimony of forensic interviewer for sex offense cases. Allows
testimony of a forensic interviewer to be admissible in any criminal
proceeding involving sexual offenses, including incest and rape of a
child, that were committed against a victim who is less than 13 years of
age. (S: Burks; H: Jones S.)
Judicial Council comment: Judicial Council adopted and
released to full committee with additional remark that the sponsor may
wish to consider clarifying that the admissibility of the forensic
interviewer's testimony is subject to all of Tennessee's Rules of
Evidence. Moreover, the Council expressed concern that, pursuant to the
United States Supreme Court's holdings in Crawford v. Washington and its
progeny, the provision allowing the interviewer to testify even if the
victim is unavailable to testify likely violates a defendant's
constitutional right to confront the witnesses against the defendant.
Crawford v. Washington, 541 U.S. 36 (2004).
Senate Status: Taken off notice in Senate Judiciary
04/14/2009.
House Status: Taken off notice in House Criminal Practice
Subcommittee 04/29/2009.
Other Status: Tennessee Judicial Council reviewed 03/26/2009 with
comment.
|
SB 0927
Stanley
HB 1348
Kelsey
Public Chapter (PDF)
|
Court-ordered outpatient evaluation of criminal defendant. Authorizes
a court to order outpatient evaluation of criminal defendant pending a
post-trial proceeding under certain circumstances. (S: Stanley; H:
Kelsey)
House Co-Sponsors: Watson E.; Dennis; Hardaway
Amendment: House amendment 1 grants the court authority to
order the defendant in a capital case post-conviction proceeding to be
evaluated for a mental condition on an outpatient basis if no prior
evaluation has been conducted. If the outpatient evaluator concludes
that an inpatient evaluation is necessary, the court may order the
defendant to be hospitalized for not more than 30 days.
Senate Status: Senate passed 06/02/2009.
House Status: House 06/01/2009 passed with amendment 1.
Other Status: Enacted as Public Chapter 0419 (effective
07/01/2009).
|
SB 0946
Tracy
HB
0215
Harmon
Public Chapter (PDF)
|
Revocation of probation. Allows, rather than requires, a trial
judge to order the original judgment, minus any credits, for an inmate
whose probation has been revoked, provided that if the defendant's
probation is revoked due to a conviction during probation the judge may
order that original sentence be served consecutively to new sentence.
Allows a trial judge to resentence a defendant whose probation has been
revoked to an authorized community-based alternative to incarceration
for the rest of the unexpired sentence. (S: Tracy; H: Harmon)
Amendment: Senate amendment 1 restores the judge's
discretion to revoke a defendant's probation and re-sentence them to
service or incarceration and clarifies that this applies only to
technical violators.
Oversight Corrections Committee comment: Oversight
Corrections Committee 03/16/2009 adopted and released to full committee
with additional remark that until the State vs. Stansberry case many
trial judges, upon revoking probation, were resentencing the offender to
community corrections instead of incarceration, whereby a good number
of those offenders were being successfully rehabilitated through the
community corrections programs. The State Appeals Court ruled the judges
did not have that discretion under current statute. Many judges want to
maintain that discretion in sentencing as they believe that, in a
number of cases, community corrections can better serve the offender and
society than incarceration. There could be a substantial spike in jail
admissions statewide if all jurisdictions discontinued the transfer of
technical violators from probation to community corrections.
Judicial Council comment: Judicial Council adopted and released
to full committee with additional remark that this legislation was
proposed to provide the courts with broader sentencing discretion
following the revocation of probation. The Council does not have any
concerns or suggestions regarding this legislation.
Senate Status: Senate 04/30/2009 passed with amendment 1.
House Status: House passed 04/30/2009.
Other Status: Enacted as Public Chapter 0203 (effective
07/01/2009).
|
SB 0948
Tracy
HB
0617
Todd
|
Firearms carried by reserve law enforcement officers. Allows
commissioned reserve deputy sheriffs authorized in writing by sheriff or
reserve police officers authorized in writing by chief of police to
carry firearms on and off duty to same extent as full-time law
enforcement officers. (S: Tracy; H: Todd)
Senate Status: Taken off notice in Senate Judiciary Firearms
& Ammunitions Subcommittee 03/18/2009.
House Status: Referred to House Judiciary Criminal Practice
Subcommittee.
|
SB 0987
Beavers
HB 1547
Coleman
|
Definition of victim and victims' rights. Establishes citation to
the definition of "victim" in the Criminal Injuries Compensation Act of
1976. (S: Beavers; H: Coleman)
Senate Status: Senate Judiciary deferred to 05/12/2009.
House Status: Taken off notice in House Judiciary 05/06/2009.
|
SB 1069
Marrero
HB 1496
Turner J.
|
Moratorium on executions. Directs the house and senate judiciary
committees to study defendants' access to justice and other implications
of death penalty trials in the state of Tennessee. Requires the
committees to study and make recommendations on all aspects of capital
punishment trials in the state. Provides for moratorium on executions
until study results are presented to the general assembly. (S: Marrero;
H: Turner J.)
Oversight Corrections Committee comment: Oversight
Corrections Committee 03/16/2009 adopted and released to full committee
with additional remark that this bill would require the Judiciary
Committees of the House and Senate to study the policies, procedures and
guidelines pursuant to a trial where the imposition of the death
penalty is the result of a guilty verdict. It would put in place a
moratorium on executions until April 15, 2010.
Senate Status: Referred to Senate Judiciary.
House Status: House sponsor changed from Turner L. to Turner J.
on 02/11/2010.
Other Status: Oversight Corrections Committee 03/16/2009
reviewed, comment adopted and released to full committee.
|
SB 1093
Stanley
HB
0525
Coley
|
Killing of another while committing domestic abuse. Classifies as
first degree murder the killing of another while committing domestic
abuse, when the perpetrator has engaged in a past pattern of domestic
abuse upon the victim or another family or household member and death
occurs. (S: Stanley; H: Coley)
House Co-Sponsors: Jones S.;
Lollar
Amendment: House Judiciary amendment 1 broadens the offense
of first degree felony murder to include the killing of another person
while committing domestic abuse if there was a past pattern of domestic
abuse upon a domestic abuse victim as defined in TCA 36-3-601(5).
Clarifies that a violation is punishable by death, life imprisonment, or
life without parole.
Senate Status: Referred to Senate Judiciary.
House Status: House Budget Subcommittee 06/15/2009 deferred to
next calendar.
|
SB 1108
Stewart E.
HB 1270
Matheny
|
Methamphetamine - quarantine of property. Requires rather than
allows law enforcement to quarantine any place where methamphetamine has
been manufactured. Exempts certified industrial hygienists from
prohibition on entering or inhabiting property quarantined under this
section. Prohibits charging a fee for acquiring certificates of fitness
by certified industrial hygienists. Decreases the minimum amount of an
immediate methamphetamine precursor from 20 to nine grams that a person
must possess in order to be subject to prima facie evidence conditions
of intent to violate this section. (S: Stewart E.; H: Matheny)
House
Co-Sponsor: Curtiss
Senate Status: Taken off notice in Senate Judiciary
05/06/2009.
House Status: Referred to House Judiciary Criminal Practice
Subcommittee.
|
SB 1113
Harper
HB 1277
Gilmore
|
Expungement of records - persons found not guilty. Requires judge
to order, in cases of a verdict of not guilty being returned, that all
public records of the person charged are automatically removed and
destroyed. (S: Harper; H: Gilmore)
Senate Co-Sponsor: Marrero
Amendment: House amendment 1 directs the judge to ask the
person charged upon a verdict of not guilty if they want their records
to be removed and destroyed. If the person wants the records destroyed
the judge will direct that they be destroyed.
Judicial Council comment: Judicial Council adopted and
released to full committee with additional remark that expunging the
records at issue will involve considerable expense, particularly if the
acquittal results from an appeal as opposed to an initial verdict, and
that the legislation arguably is unnecessary since the statute currently
provides a method for seeking expungement of these records. With regard
to acquittals which result from appeals, the Council also noted that
data regarding criminal convictions is often purchased by third parties
who may then transfer the data to other persons/entities, and it will be
impossible for state agencies to retrieve this data for
removal/destruction. The Council also stated that the sponsor may wish
to consider adding a provision which gives the person an opportunity to
object to the destruction of his or her records. The Council next
suggested that the sponsor may wish to clarify which records must be
destroyed. The Council
observed
that the sponsor may wish to consider amending the language (in the
existing statute as well as in the legislation) which requires the
removal and destruction of "all public records" and this legislation has
the effect of eliminating a cause of action for malicious prosecution
since the relevant records would have been destroyed.
Senate Status: Taken off notice in Senate Judiciary
05/06/2009.
House Status: House 05/14/2009 passed with amendment 1.
Other Status: Tennessee Judicial Council reviewed 03/26/2009 with
comment.
|
SB 1127
Jackson
HB
0962
Todd
Public Chapter (PDF)
|
Carrying guns in restaurants. Authorizes any individual with a
handgun carry permit to carry a firearm into a restaurant that serves
alcoholic beverages as long as such individual is not consuming
alcoholic beverages and such restaurant is not an age-restricted venue,
defined in current code as an establishment that restricts admission to
persons who are age 21 years or older by checking patrons'
identifications. (S: Jackson; H: Todd)
Senate Co-Sponsor:
Norris
Amendment: House amendment 1 rewrites the bill. Authorizes
any individual with a handgun carry permit to carry a firearm into a
restaurant that serves alcoholic beverages as long as such individual is
not consuming alcoholic beverages. Prohibits such carrying between the
hours of 11:00 p.m. and 5:00 a.m. and at such times that the restaurant
is age-restricted. Defines age-restricted for purposes of this amendment
as a restaurant that affirmatively restricts access to persons 18 or
older by checking patrons' identifications. Removes reference in
original bill referring to the bill being subject to provisions of TCA
9-17-1359, permitting a property owner to post notices on such property
prohibiting firearms. Senate amendment 1 removes the provisions of House
amendment and thus reinstates the provisions of the original bill. This
amendment also revises the original bill to remove the requirement that
the restaurant not be an age-restricted venue in order for a person who
has a
handgun carry permit and otherwise complies with the bill to carry a
handgun into the restaurant. Changes the effective date from "upon
becoming law" to June 1, 2009.
Conference Committee: Conference Committee report on HB
962/SB 1127 removes the provisions of House amendment 1 and thus
reinstates the provisions of the original bill. Revises the original
bill to remove the requirement that the restaurant not be an
age-restricted venue in order for a person who has a handgun carry
permit and otherwise complies with the bill to carry a handgun into the
restaurant. Changes the effective date from "upon becoming law" to June
1, 2009.
Senate Status: Senate 06/04/2009 passed motion to override
governor's veto.
House Status: House 06/03/2009 passed motion to override
governor's veto.
Other Status: Enacted as Public Chapter 0339 (effective
07/14/2009).
|
SB 1129
Norris
HB
0724
Kelsey
|
Handgun permit carry holders to carry guns in parks. Allows
persons with handgun carry permit to carry in public parks, public
postsecondary institutions, and places where alcoholic beverages are
being served so long as that individual is not consuming alcohol. Allows
judges to carry firearms where law enforcement can carry if they have
permit or appropriate training. (S: Norris; H: Kelsey)
Senate
Co-Sponsor: Crowe
Amendment: House Judiciary Criminal Practice amendment 1
allows people possessing hunting licenses to carry handguns when
transporting a weapon to or from hunting.
Senate Status: Referred to Senate Judiciary.
House Status: Failed in House Judiciary 05/13/2009.
|
SB 1208
Woodson
HB 1452
Coleman
Public Chapter (PDF)
|
Immunity from civil action - testimony at parole hearing. Provides
immunity from civil liability or any civil cause of action brought by
the offender to a victim of crime for testimony given at offender's
parole hearing unless testimony is intentionally false or defamatory.
(S: Woodson; H: Coleman)
Amendment: Senate amendment 2 which changes the standard
that will support a determination that a victim's statements at a
hearing before the board of probation and parole are not protected from
"intentionally and maliciously false or so outrageously defamatory
against the offender as to demonstrate actual malice" to "intentionally
and maliciously false and defamatory."
Senate Status: Senate 03/26/2009 passed with amendment 2.
House Status: House passed 03/30/2009.
Other Status: Enacted as Public Chapter 0050 (effective
07/01/2009).
|
SB 1217
Ketron
HB
0485
Bass
|
Arrest warrants for teachers. Prohibits parent or legal guardian
of child from being issued arrest warrant against teacher without
written approval of district attorney if the conduct alleged involved
the teacher and a child of such parent. (S: Ketron; H: Bass)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Criminal Practice
Subcommittee.
|
SB 1273
Bunch
HB
0898
Watson E.
Public Chapter (PDF)
|
Handgun carry permit holders allowed to carry in parks. Allows
person with a valid handgun carry permit to carry handgun in a public
park, public postsecondary institution, or an establishment where
alcoholic beverages are being served. Permits a judge, on-duty or
off-duty, to carry a firearm. Specifies restrictions for judge with
carrying of firearm. (S: Bunch; H: Watson E.)
Amendment: Senate amendment 2 prohibits local governments
from barring firearms in restaurants that serve alcohol by denying beer
permits. House amendment 1 makes the bill. Removes the prohibition that
an off-duty law enforcement officer cannot carry a firearm within the
confines of an establishment where beer or alcoholic beverages are sold
for consumption on the premises.
Conference Committee: Conference Committee Report on SB
1273/HB 898 recommends that the following amendments be adopted: House
Amendment # 1, and Senate Amendment # 2.
Senate Status: Senate 06/18/2009 adopted the Conference
Committee Report.
House Status: House 06/18/2009 adopted conference committee
report.
Other Status: Enacted as Public Chapter 0605 (effective
07/09/2009).
|
SB 1274
Bunch
HB
0856
Mumpower
|
Judge or probation officer to carry handgun. Allows judge or
probation officer with a handgun carry permit to carry a handgun at all
times and in all places in the same manner as a law enforcement officer.
Requires that judge or probation officer, in addition to the submission
of a handgun carry permit application, submit documentation that is
sufficient to satisfy the department of safety that the applicant is a
judge or probation officer. (S: Bunch; H: Mumpower)
Oversight Corrections Committee comment: Oversight
Corrections Committee 03/16/2009 adopted and released to full committee
with additional remark that the bill allows a law enforcement officer to
carry a gun at all times and at all places within Tennessee and it also
allows a judge or probation officer who has a valid hand gun carry
permit to carry a gun at all times and at all places, with certain
restrictions.
Senate Status: Taken off notice in Senate Judiciary Firearms
& Ammunitions Subcommittee 03/25/2009.
House Status: Taken off notice in House Criminal Practice
Subcommittee 04/15/2009.
Other Status: Oversight Corrections Committee 03/16/2009
reviewed, comment adopted and released to full committee.
|
SB 1304
Crowe
HB
1183
Ford D.
|
Certain individuals barred from being bondsmen. Prohibits any
state, county, or municipal elected official, or in the case of a
constitutionally elected peace officer, such officer's deputy, from
acting as a professional bondsman, unless person is acting in such
capacity on the effective date of this act. (S: Crowe; H: Ford D.)
Amendment: House Civil Practice Subcommittee amendment 1
grandfathers in such officials currently acting as professional
bondsmen.
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Judiciary 05/13/2009.
|
SB 1402
Jackson
HB 1456
Coleman
|
Tennessee Death Penalty Open File Discovery Act. Enacts the
"Tennessee Death Penalty Open File Discovery Act." Requires the district
attorney general to make available to the defendant for inspection and
copying all relevant documents, tangible objects and statements,
together with complete files of all investigative agencies. Requires the
district attorney general to give notice to the defendant of any expert
witnesses that the state reasonably expects to call as a witness at
trial. Specifies that the district attorney general is not required to
disclose written materials drafted by the prosecuting attorneys or their
legal staff for their own use at trial. (S: Jackson; H: Coleman)
TN Judicial Council Comment: The Judicial Council believes
that it would be more appropriate for this issue to be considered by the
Advisory Commission on the Rules of Practice and Procedure. Moreover,
the sponsor may wish to address the legislation's impact on cases which
were pending at the trial and appellate court levels prior to the
legislation's effective date. Finally, the sponsor may wish to address
the inconsistencies between proposed 39-11-802 (Provides that the Part
only applies to cases in which a death/LWOP notice has been filed, which
the State is required to file "not less than thirty (30) days" prior to
trial.), 39-11-805 (No later than 90 days after indictment, the
prosecutor must make a written demand for the items at issue. However,
the death/LWOP notice may not have been filed this early in the
proceedings, so the Part technically would not apply pursuant to
39-11-802.), and 39-11-806 (Same timing/notice issue as 39-11-805.
Moreover, it is unclear why
39-11-805
merely contemplates submission of the written demand by the prosecutor
no later than 90 days after indictment and 39-11-806 assumes that the
prosecutor has submitted the demand, received the certifications,
received the required documents/objects, and provided them to the
defendant during the same time period.).
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Criminal Practice
Subcommittee.
Other Status: TN Judicial Council reviewed 03/19/2009 with
comment.
|
SB 1479
Ford O.
HB 1887
Turner J.
|
Minimum confinement for violating restraining order. Establishes
minimum periods of confinement for violations of a restraining order and
makes a fourth violation a Class E felony. (S: Ford O.; H: Turner J.)
Senate Status: Referred to Senate Judiciary.
House Status: House sponsor changed from Turner L. to Turner J.
on 02/11/2010.
|
SB 1482
Ford O.
HB 1886
Turner J.
|
Minimum confinement period for domestic assault conviction. Sets
minimum confinement periods for domestic assault convictions and makes
the fourth or subsequent conviction a Class E felony. (S: Ford O.; H:
Turner J.)
Senate Status: Referred to Senate Judiciary.
House Status: House sponsor changed from Turner L. to Turner J.
on 02/11/2010.
|
SB 1492
Ford O.
HB 2091
Towns
|
Allows certain convicted felons to be bail bondsmen. Allows a
bondsman convicted of a felony who has fulfilled all obligations and who
has not been subject to confinement for five continuous years to
execute bonds, bail or other undertakings as surety in a court. (S: Ford
O.; H: Towns)
Senate Status: Referred to Senate Judiciary.
House Status: Failed in House Criminal Practice Subcommittee
03/25/2009.
|
SB 1503
Burchett
HB 1521
Harwell
|
Statutory provisions for certain types of theft. Modifies certain
statutory provisions pertaining to criminal simulation and the theft of
intellectual property. (S: Burchett; H: Harwell)
Senate Status: Withdrawn in Senate 02/23/2009.
House Status: Withdrawn in House 02/23/2009.
|
SB 1550
Burchett
HB 0727
Hensley
|
TN Protection from Secondhand Smoke for Children Act. Creates an
offense for anyone in a motor vehicle smoking when a child required to
be in a safety seat is present in such vehicle, regardless of whether
any windows are down. Creates a Class C misdemeanor punishable by a
maximum fine of $25 for a first offense and $50 for subsequent offenses
and specifies proceeds must be allocated to the child safety fund.
Specifies that no citation or warrant can be issued for this violation
unless a person is stopped by an officer for a separate violation and is
issued a citation or warrant for the initial violation. Prohibits an
officer from arresting an offender or seizing or inspecting his vehicle
solely on the basis of this violation. Allows officers to issue verbal
warnings for the first 180 days following the effective date of this
part. Exempts these violations from the point value program relative to
license suspension or revocation. (S: Burchett; H: Hensley)
Senate
Co-Sponsor: Herron.
Senate Status: Referred to Senate Transportation.
House Status: Taken off notice in House Agriculture Subcommittee
04/08/2009.
|
SB 1603
Beavers
HB 1789
West
|
Restoration of Citizenship Rights Act. Enacts the "Restoration of
Citizenship Rights Act." Allows individuals who at any time have been
deprived of any rights or privileges of citizenship by virtue of any
judgment in court, to file a petition requesting the restoration of the
complete and full rights of citizenship. Provides that any person who
has been deprived of any rights or privileges of citizenship pursuant to
a conviction under which the maximum possible sentence of incarceration
is less than one year shall have full rights and privileges of
citizenship automatically restored effective upon the service or
expiration of the maximum sentence imposed. (S: Beavers; H: West)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Criminal Practice
Subcommittee.
|
SB 1606
Beavers
HB 1792
Fincher
|
Self-defense - honest belief of extent of danger. Specifies that a
person may have been mistaken, based on his perception of the
circumstances, as to the extent of the actual danger, but if he acts in
self-defense from an honest, even though mistaken, belief as the extent
of danger he will not be held criminally liable for his action. (S:
Beavers; H: Fincher)
House Co-Sponsor: West
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Criminal Practice
Subcommittee 04/29/2009.
|
SB 1609
Beavers
HB 1795
Fincher
|
Using force in self-defense. Establishes circumstances in which a
person has no duty to retreat before threatening or using force in
self-defense. Extends circumstances under which there is a legal
presumption that a person using force in self-defense was justified.
Extends civil immunity upon a person properly using self-defense.
Clarifies procedures by which law enforcement agencies shall investigate
instances in which use of force may have been justified. (S: Beavers;
H: Fincher)
House Co-Sponsor: West
Amendment: House Judiciary Committee amendment 1 adds a
person's business to the places a person can use force in self-defense
and thereby makes the castle doctrine the presumption in the state.
Senate Status: Senate Judiciary deferred to 05/20/2009.
House Status: House Judiciary Committee deferred to summer study.
|
SB 1679
Jackson
HB 1447
Coleman
|
Tennessee Death Penalty Representation Services Act of 2009. Enacts
the "Tennessee Death Penalty Representation Services Act of 2009."
Establishes that its purpose is to ensure effective legal representation
for indigent persons charged with a death eligible offense or who have
been sentenced to death, including all persons who have been determined
to be indigent at any procedural stage. Creates the commission of the
office of death penalty representation services, which will consists of
nine members. Establishes procedure for membership appointments, by-laws
and rules for the conduct of business. Creates the office of death
penalty representation services and will be administered by the
executive director selected by the commission. (S: Jackson; H: Coleman)
Senate Status: Referred to Senate Government Operations.
House Status: Referred to House Judiciary Criminal Practice
Subcommittee.
|
SB 1683
Ketron
HB
1137
Shipley
|
Comprehensive Illegal Immigration Act. Creates a presumption that
a defendant is at risk of flight when determining the amount of bail,
if it is determined that the defendant is not lawfully present in U.S.
Requires that a reasonable effort be made to determine the citizenship
status of an individual charged with a felony or a second or subsequent
violation of DUI. Requires that all written exams administered to
applicants for a driver license or intermediate driver be given in
English. Allows employers to require an employee or an applicant for
employment to speak English while engaged in work if such requirement is
based on necessity. Requires that all persons 18 or older provide proof
that they are lawfully present in U.S. prior to the receipt of certain
public benefits. Requires employers, on and after August 1, 2009, to
verify the employment eligibility, prior to hiring, of any applicant for
employment through the federal electronic work authorization
verification service
provided by the federal department of homeland security pursuant to the
federal Basic Pilot Program Extension and Expansion Act of 2003. (S:
Ketron; H: Shipley)
House Co-Sponsors: Eldridge; Evans; Rich;
Brooks, Kevin; Weaver
Senate Status: Senate State & Local Government deferred
to 05/05/2009.
House Status: Taken off notice in House Civil Practice
Subcommittee 04/28/2009.
|
SB 1726
Bunch
HB
1379
Johnson P.
Public Chapter (PDF)
|
Community service work in lieu of payment of fines. Allows
criminal court or clerk to convert a defendant's unpaid fines, costs,
and litigation taxes at time of sentence expiration to civil judgment.
Further, court may enter into agreement with defendant to perform
community service work in lieu of payment of such fines, costs, and
taxes. (S: Bunch; H: Johnson P.)
Amendment: Senate amendment 1 specifies that if any fine,
costs, or litigation taxes assessed against a defendant in a criminal
case remain in default when the defendant is released from the sentence,
the sentence expires, or the criminal court otherwise loses
jurisdiction over the defendant, the sentencing judge, clerk or district
attorney general may have the amount remaining in default converted to a
civil judgment pursuant to the rules of civil procedure. Also specifies
that the administrative office of the courts, in consultation with the
state court clerks association and the state general session judges
conference shall study the feasibility of implementing alternative
methods by which an indigent defendant in a criminal case may offset
court costs for which the defendant is in default, such as community
service. Instructs the administrative office of the courts to report its
findings to the judiciary committee of each of the houses of the
general assembly by
February 12, 2010. House amendment 1 makes the bill. Authorizes the
sentencing judge, clerk, or district attorney general to convert unpaid
fines, costs, and litigation taxes to a civil judgment when the
defendant's sentence expires. Directs the AOC to study the feasibility
of implementing alternative methods for indigent defendants to offset
court costs when the defendant is in default and requires the AOC to
file a report with the judiciary committees of both houses by February
12, 2010.
Judicial Council comment: Judicial Council adopted and
released to full committee with additional remark that there may be
costs associated with record keeping and book keeping associated with
tracking the costs owed, community service hours worked, and the
quantification of costs that are deemed to be worked off by performance
of a given amount of community service work. In addition, the
requirements of this bill would likely place an undue burden on the
poor, who may be civil judgment-proof absent the requirements of the
bill. Quantifying a rate of pay for community service work unduly
burdens the class of persons who cannot afford to pay off court costs,
fines and fees. Further, no period of time is specified during which
conversion to a civil judgment must be accomplished after the expiration
of a sentence or probation.
Senate Status: Senate 06/16/2009 passed with amendment.
House Status: House 06/16/2009 concurred in Senate amendment 1.
Other Status: Enacted as Public Chapter 0570 (effective
07/01/2009).
|
SB 1751
Marrero
HB
1302
Jones S.
|
Unlawful restraint, compelling prostitution, pornography. Declares
a person commits the offense of unlawful restraint if the person
transports an individual in a manner that is designed to conceal the
individual from law enforcement, creates a substantial likelihood of
bodily injury or death, or the individual is restricted in movement
without consent. Creates Class E felony for the offense of unlawful
restraint and a Class D felony if such offense results in death.
Declares a person commits the offense of compelling prostitution if the
person knowingly causes an individual by force or threat to commit
prostitution. Creates Class E felony for the offense of compelling
prostitution and a Class D felony if such offense involves an individual
younger than 18. Declares a person commits the offense of compelling
production of pornography if through force or threat causes an
individual to undress, have pornographic photographs taken of them or
perform sexual acts on film. Creates a
Class E felony for the offense of compelling production of pornography.
Establishes civil liability for trafficking offenses. (S: Marrero; H:
Jones S.)
Senate Status:
House Status: House Budget Subcommittee 06/15/2009 deferred to
next calendar.
|
SB 1772
Herron
|
Notifying victims under victim's rights. Adds as a critical stage
of the criminal justice process, for purposes of notifying victims
under the victim's rights constitutional amendment, any hearing on a
motion to continue or any other similar hearing that may adversely
impact a victim's right to a speedy trial. (S: Herron)
Senate Status: Referred to Senate Judiciary.
|
SB 1800
Herron
HB
0445
Maddox
|
Informed consent for abortions. Requires that the informed
written consent of the woman be obtained prior to an abortion, providing
for 24-hour period of reflection after the woman receives the
information needed for an informed consent. Establishes requirements for
a physician or other health care professional to follow in order to
obtain informed consent from the woman. Establishes an exception to
informed consent and waiting period requirements when necessary to
protect the life or health of the woman. (S: Herron; H: Maddox)
Senate Status: Senate Judiciary deferred to 04/21/2009.
House Status: Failed in House Public Health and Family Assistance
Subcommittee 04/21/2009.
|
SB 1805
Herron
HB
0391
Fincher
|
Price-gouging a Class A misdemeanor during emergency. Prohibits
any person from charging a price for any gasoline that is grossly in
excess of the price generally charged when a state of emergency has been
declared. Creates a Class A misdemeanor for this type of price-gouging.
Provides exemption if the price increase is directly attributable to
additional costs imposed on the person due to circumstances beyond their
control. (S: Herron; H: Fincher)
Senate Status: Taken off notice in Senate Judiciary
05/06/2009.
House Status: Taken off notice in House Judiciary 05/13/2009.
|
SB 1812
Herron
HB
0392
Fincher
|
Criminal mishandling of pension funds. Specifies that
intentionally mishandling pension funds constitutes theft punishable by
varying degrees based on the amount considered mishandled or stolen.
Establishes civil cause of action against violator for reimbursement of
funds and profits associated with such activity. (S: Herron; H: Fincher)
Senate Status: Taken off notice in Senate Judiciary
05/06/2009.
House Status: House Budget Subcommittee 06/15/2009 deferred to
next calendar.
|
SB 1823
Herron
HB
0584
Fincher
|
Disclosure of mental health records for background check. Authorizes
the disclosure of mental health records when requested by a state or
federal law enforcement agency for the purpose of conducting a firearm
criminal history background check on the patient. (S: Herron; H:
Fincher)
Senate Status: Referred to Senate Judiciary.
House Status: House Judiciary Criminal Practice Subcommittee
deferred to last calendar.
|
SB 1976
Burchett
HB 1814
Harwell
Public Chapter (PDF)
|
Statutory provisions modified for theft - recordings. Creates the
offense of criminal simulation for anyone who, with knowledge of its
character, possesses one of the following: any machinery, plates, or
other contrivances designed to produce instruments reporting to be
credit or debit cards of an issuer who had not consented to the
preparation of such cards; or any instrument, apparatus, or contrivance
designed, adapted or used for commission of any theft of property or
services by fraudulent means. Specifies that criminal simulation is
punishable as theft and constitutes at least a Class E felony. Makes it
illegal for anyone to knowingly reproduce for sale or cause to be
transferred any recording with intent to sell it or cause it to be sold
or use it or cause it to be used for commercial advantage or private
financial gain through public performance without the consent of the
owner. Specifies that, in the absence of a written agreement or law to
the contrary, the performer or
performers of a live performance may be presumed to own the rights to
record or fix those sounds. Creates a Class D felony accompanied by a
fine of no less than $1,000 for violating this section if the violation
involves 100 or more recordings during a 180-day period or if the
violator has committed this offense before. Details punishment for
lesser offenses under this section. Authorizes the court to require
restitution be made for such property. (S: Burchett; H: Harwell)
Senate Status: Senate passed 04/20/2009.
House Status: House passed 05/26/2009.
Other Status: Enacted as Public Chapter 0408 (effective
07/01/2009).
|
SB 2073
Southerland
HB 1961
Shipley
|
Search warrants for reasonable suspicion of terrorist acts. Expands
the grounds upon which a search warrant may be issued to include
reasonable suspicion that an act of terrorism is being committed.
Broadly captioned. (S: Southerland; H: Shipley)
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Criminal Practice
Subcommittee 04/15/2009.
|
SB 2143
Ramsey R.
HB 2160
Maggart
|
Civil action - conduct involving sexual harassment. Prohibits any
civil action alleging conduct which constitutes sexual harassment or
sexual assault, opinion evidence, reputation evidence, and evidence of
specific instances of the plaintiff's sexual conduct from being
admissible by the defendant in order to prove consent by the plaintiff
or the absence of injury to the plaintiff. Establishes any evidence of
sexual conduct of the plaintiff is admissible if it is offered to attack
the credibility of the plaintiff by using specified procedure. (S:
Ramsey R.; H: Maggart)
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Civil Practice
Subcommittee 03/17/2010.
|
SB 2144
Ramsey R.
HB 2161
Kelsey
|
First complaint of an alleged sexual assault. Allows the
recipient of a victim's first complaint of an alleged sexual assault to
testify about the fact of the first complaint and the circumstances
surrounding the making of that first complaint. Allows such witness to
also testify about the details of the complaint, and the victim may
likewise testify to the details of the first complaint as well as why
the complaint was made at that particular time. Prohibits testimony from
additional complaint witnesses from being admissible. Prohibits the
age of the victim from precluding evidence from being offered. (S:
Ramsey R.; H: Kelsey)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Criminal Practice
Subcommittee.
|
SB 2223
Faulk
HB
2165
Faulkner
|
Juvenile adjudicated delinquent for sexual offenses. Defines
"violent juvenile sexual offender" as a person between 14 and 18 years
of age who has been adjudicated delinquent for any act that, if
committed by an adult, constitutes a "violent juvenile sexual offense."
Specifies that such offender will be considered a violent sexual
offender upon turning 18 and will be governed by the applicable laws.
Makes all information concerning a violent juvenile sexual offender
transmitted from the juvenile court to the TBI confidential but provides
that such information will become public at the time the offender
reaches 18 years of age. Requires all violent juvenile sexual offenders
to report in person to the juvenile court in which the adjudication
occurred at least once during the months of March, June, September, and
December each year to update identifying information. (S: Faulk; H:
Faulkner)
House Co-Sponsors: Rich; Todd; Harrison; Dennis
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Criminal Practice
Subcommittee.
Other Status: Tennessee Judicial Council reviewed 04/02/2009 with
comment.
|
SB 2525
Johnson J.
HB 2546
Casada
|
Bad check law expanded. Includes in the types of checks covered
by the bad check law those checks written for housing or lodging. (S:
Johnson J.; H: Casada)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Criminal Practice
Subcommittee.
|
SB 2654
Bunch
HB 2801
Dean
|
Returning of defendant by bail bondsman. Authorizes a bail
bondsman to return a defendant to the jurisdiction for which the bail
bond is obligated for the defendant's appearance, provided that the bail
bondsman is liable for the expenses of returning the defendant. (S:
Bunch; H: Dean)
House Co-Sponsor: Watson E.
Senate Status: Senate Judiciary deferred to 03/23/2010.
House Status: House Judiciary 03/09/2010 recommended. Sent to
Calendar & Rules.
|
SB 2665
Burks
HB
2752
Swafford
|
Forfeitures of property: sexual offenses against a minor. Provides
that real or personal property used to commit a sexual offense against a
minor will be forfeited if the offense occurs on or after July 1, 2010.
(S: Burks; H: Swafford)
Amendment: House Judiciary amendment 1 corrects a drafting
error in the bill.
Judicial Council comment: (3/4/2010) The Judicial Council
observed that shifting the forfeitures contemplated by the bill from the
administrative law forfeiture procedures to the judicial forfeiture
procedures, would not appear to result in a large number of additional
cases for the courts. Whether such a shifting of these forfeiture cases
should be made is a question of legislative policy on which the Judicial
Council offered no comment. Judicial Council Comment: The
Judicial Council noted that the number of the types of forfeiture
proceedings contemplated by this legislation is undeterminable using
currently available data. While a high number of these forfeitures could
have judicial caseload implications, members of the council
representing the Tennessee District Attorney Generals Conference, whose
members would be responsible for instituting such proceedings, indicated
that the number of forfeitures pursuant to this legislation would
likely be low because of
mortgages,
security interests and liens that secure many of the types of properties
that may be seized under this bill.
Senate Status: Senate Judiciary deferred to 03/23/2010.
House Status: House Judiciary 03/16/2010 recommended with
amendment 2. Sent to House Calendar & Rules.
Other Status: Tennessee Judicial Council reviewed 03/04/2010 with
comment.
|
SB 2724
Black
HB
2788
Maggart
|
Sexual offenders: alterations and added penalties. Rewrites
certain provisions of the Sexual Offender and Violent Sexual Offender
Registration, Verification, and Tracking Act of 2004, including
requiring the offender to list employer's address information and the
description and license plates of the offender's vehicle. Adds more
offenses that qualify for sexual offender registration and allows an
offender to request an exemption to these new registration rules.
Requires offenders to have a valid driver's license or identification
card within 60 days of registration and requires that offenders without a
driver's license or identification card have committed a Class E
felony. (S: Black; H: Maggart)
House Co-Sponsor: Fincher
Amendment: Senate Judiciary amendment 1, House Judiciary
amendment 1 adds new section requiring violent sexual offenders to pay
specified administrative costs associated with sexual offender registry
registration at the time of the offender's initial registration or
reporting period. Requires offenders whose initial registration occurs
after the annual reporting period to pay all administrative costs at the
time of his or her initial registration. House Judiciary Committee
amendment 2 requires violent sexual offenders to report in person to the
designated law enforcement agency during the months of March, June,
September, and December of each calendar year for the purpose of
updating information on the TBI registration form.
Joint Oversight Committee on Corrections: This bill would
strengthen and enhance the Sexual Offender Registration Act by adding
new offenses and requiring more information be provided and made
available to the public. Enactment of this bill would help bring the
state into compliance with the provisions and requirements of the
federal Byrne Act Grant.
Senate Status: Senate Judiciary 02/09/2010 recommended with
amendment. Sent to Senate Finance, Ways & Means.
House Status: House Budget Subcommittee deferred to 03/24/2010.
Other Status: Oversight Corrections Committee 02/22/2010
reviewed, comment adopted and released to full committee.
|
SB 2725
Black
HB
2789
Maggart
|
Creates a violent juvenile sexual offender registry. Creates a
violent juvenile sexual offender registry. Defines a violent juvenile
sexual offender as a person 14 years of age or more but less than 18
years of age who has been adjudicated delinquent in this state for any
act that, if committed by an adult, constitutes a violent juvenile
sexual offense. Specifies that when a violent juvenile sexual offender
becomes 18 years of age, such offender shall become a violent sexual
offender. (S: Black; H: Maggart)
House Co-Sponsor: Fincher
Amendment: House Judiciary amendment 1 redefines a violent
juvenile sexual offender as: a juvenile aged 14 to 17 who has been
adjudicated for a violent juvenile sexual offense and has been found to
be at a high risk of re-offending or has a prior adjudication for a
violent juvenile sexual offense. Requires a violent juvenile sexual
offender to become a violent sexual offender when the juvenile turns 18
years old. Requires courts to notify the TBI within 48 hours after the
juvenile's adjudication for a second violent sexual offense or the
finding that the juvenile is at a high risk of re-offending. Requires
the violent juvenile sexual offender to comply with residency
restrictions when the juvenile turns 18 years old, or older, or has
graduated from high school, whichever occurs later.
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Finance Budget Subcommittee.
|
SB 2736
Berke
HB
2764
Dean
|
Bail bondman's surrender: court allowed 72 hours. Allows the
court, instead of requiring the court, to bring the defendant before the
court within 72 hours to determine if the bail bondman's surrender of
the defendant was for good cause. (S: Berke; H: Dean)
House
Co-Sponsors: Lundberg; Watson E.
Judicial Council comment: This bill was taken off notice.
Therefore, the Judicial Council offered no comment.
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Criminal Practice
Subcommittee.
Other Status: Tennessee Judicial Council 03/04/2010 reviewed the
bill with no comment.
|
SB 2757
Jackson
HB 2918
Fincher
|
Aggravating factors for purposes of imposing death sentence. Adds
discrimination, drive-by-shooting, and witness intimidation to the list
of statutory aggravating circumstances for imposing the death penalty
or life imprisonment without the possibility of parole in first degree
murder cases. (S: Jackson; H: Fincher)
Senate Status: Senate Judiciary deferred to 03/23/2010.
House Status: House Finance Budget Subcommittee 02/24/2010 set
behind budget.
|
SB 2770
Burchett
HB 3077
Haynes R.
|
Perjury: false statements not under oath and false evidence. Establishes
that the following items are perjury if made during an official
proceeding: a knowingly false statement not under oath but made during
an official proceeding, or the intentional introduction or affirmation
of false evidence. Classifies that perjury made by a licensed attorney
is a Class E felony. (S: Burchett; H: Haynes R.)
Judicial Council comment: Given the broad definition of
"official proceeding" in Tennessee Code Annotated section 39-16-701, the
Council observed that this legislation has far-reaching implications.
Moreover, by definition, such a proceeding is one in which the public
servant is authorized to take statements under oath. Therefore, it
appears that the perceived problem which this legislation is attempting
to address could be remedied by placing the person at issue under oath.
Moreover, the Council questioned whether it was appropriate to expand
the offense of perjury beyond sworn statements. The Council believes
that the authority to subject a person to fines and/or incarceration
should be used sparingly. Because the penalty provision of this
legislation addresses licensed attorneys, it is possible that the bill's
broadening of the definition of perjury is directed at the statements
and actions of attorneys during a judicial proceeding such as a trial.
Under current law,
statements
made by counsel are not evidence, and the jurors are instructed to that
effect. The Council expressed concern regarding the possible "chilling
effect" of this legislation, which appears to have constitutional
implications regarding the separation of powers doctrine as well a
criminal defendant's right to due process and to the effective
assistance of counsel. See Tenn. Op. Atty. Gen. No. 10-24. Finally, the
Council recommended that the sponsor consider defining the terms
"affirms," "validity," and "knows."
Senate Status: Referred to Senate Judiciary.
House Status: House Judiciary Criminal Practice Subcommittee
deferred to 03/24/2010.
Other Status: Tennessee Judicial Council reviewed 03/04/2010 with
comment.
|
SB 2800
Marrero
HB 3124
Coleman
|
Release on bail relative to certain criminal offenses. Corrects
error in cross-reference to properly include the consideration of
domestic abuse charges when the magistrate is setting the amount of
bail. (S: Marrero; H: Coleman)
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Criminal Practice
Subcommittee 02/10/2010.
|
SB 2890
Gresham
HB 3040
Dennis
|
Carrying and serving of subpoenas by law enforcement. Permits a
full-time POST-certified law enforcement officer to carry issued but
blank subpoenas during course of official duties. Permits the officer to
complete and serve the subpoena at the scene of a crime or during the
course of an investigation. (S: Gresham; H: Dennis)
Amendment: House Criminal Procedure amendment 1 rewrites the
bill. Specifies that the provisions of the bill apply only to criminal
proceedings.
Judicial Council Comment: The Judicial Council was informed
that the sponsor is amending the bill to substitute references to the
Tennessee Rules of Criminal Procedure for the references to the
Tennessee Rules of Civil Procedure. The Council believes that this
change is appropriate. However, with regard to the substantive effect of
the bill, the Council noted that allowing a law enforcement officer to
serve subpoenas in the absence of a pending criminal proceeding and
without the request of a party to such a proceeding creates the
potential for abuse. Moreover, pursuant to Rule 17 of the Tennessee
Rules of Criminal Procedure, a subpoena must state the court's name and
the title of the proceeding, and must direct the person to give
testimony at a particular time and place. In the absence of a pending
proceeding, it will not be possible for a law enforcement officer to
comply with these requirements.
Senate Status: Referred to Senate Judiciary.
House Status: House Judiciary deferred to 03/30/2010.
Other Status: Tennessee Judicial Council reviewed 02/18/2010 with
comment.
|
SB 2916
Finney L.
HB 3138
Hackworth
|
Bail bonds - release of surety's liability. Mandates, rather than
allows, release of surety's liability if detainer request is refused or
if detaining authority releases principal upon the detainer's filing.
(S: Finney L.; H: Hackworth)
Senate Status: Referred to Senate Judiciary.
House Status: Set for House floor 03/22/2010.
|
SB 3009
Jackson
HB 3141
McDonald
|
Storage of firearm in vehicle by employee. Allows an employee
with a handgun carry permit to possess a firearm in the employer's
parking lot as long as the vehicle is locked and the firearm is not
visible from the outside of the vehicle. Prohibits an employer from
discriminating against an employee for possessing a firearm in their
vehicle. (S: Jackson; H: McDonald)
Senate Status: Referred to Senate Judiciary.
House Status: House Judiciary Criminal Practice Subcommittee
deferred to 03/24/2010.
|
SB 3026
Southerland
HB 3222
Hawk
|
Release of inmate from mental facility. Extends the court's time
to set a hearing for a person involuntarily committed in a mental
retardation facility who no longer meets the committal requirements from
ten days to 45 days with the hearing held within 90 days instead of 21
days from receipt of notice. Specifies that if the court does not set a
hearing within 60 days of receipt of not the inmate may be released. (S:
Southerland; H: Hawk)
Amendment: Senate amendment 1, House Judiciary Committee
amendment 1 requires mental retardation facility to notify the
committing court of the fact that the person no longer meets the
commitment criteria. Allows the court, within 10 business days of
receipt of the notice to set a hearing to be held within 21 business
days. Requires the facility to release the person from involuntary
commitment if the court does not set a hearing and notify the facility
within 15 business days. Requires the hearing to determine whether the
person continues to meet the commitment criteria to be held within 21
business days.
Senate Status: Senate 03/11/2010 passed with previously
adopted amendment 1.
House Status: Set for House floor 03/22/2010.
|
SB 3111
Marrero
HB 3726
Richardson
|
Punishment for first degree murder - death penalty removed. Removes
the death penalty as a possible punishment for first degree murder. (S:
Marrero; H: Richardson)
Joint Oversight Committee on Corrections: Currently all
death row inmates are housed in expensive maximum-security units. If
sentences were commuted to life without parole, current department of
correction policies would permit a reclassification process that could
result in certain death row inmates (based on their institutional
behavior) being classified to a lower security level with significantly
lower costs. Because the department of correction would also be relieved
of its duties to place inmates on death watch and to carry out all of
the other steps necessary for executions, the need for extra staff to
cover these responsibilities would be reduced. However there would
actually be an increase in incarceration cost due to death row inmates
serving longer sentences.
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Criminal Practice
Subcommittee.
Other Status: Oversight Corrections Committee 02/22/2010
reviewed, comment adopted and released to full committee.
|
SB 3246
Tate
HB 3874
Jones U.
|
Requirements for parents of truant children. Authorizes
prosecutors to allow guardians of children violating truancy laws to
attend parent education training and parent-teacher conferences as an
alternative to criminal prosecution. (S: Tate; H: Jones U.)
Judicial Council comment: The Judicial Council noted that
the bill creates a permissive use of the alternative to prosecution.
Members noted that prosecutions under the section to be amended are
rare. The Judicial Council did not foresee any serious adverse
consequences to the administration of justice.
Senate Status: Senate Judiciary deferred to 03/16/2010.
House Status: House Education 03/17/2010 recommended. Sent to
Calendar & Rules.
Other Status: Tennessee Judicial Council reviewed 03/04/2010 with
comment.
|
SB 3297
Kelsey
HB
3516
DeBerry J.
|
Eliminates parole for offenses committed after July 1, 2010. Prohibits
any person committing an offense on or after July 1, 2010 from being
eligible for parole and must serve 100 percent of the sentence. Broadly
Captioned. (S: Kelsey; H: DeBerry J.)
Joint Oversight Committee on Corrections: Abolishing parole
would take away an important ingredient in the Department of
Correction's ability to control inmate behavior by the process of
rewarding good behavior with parole eligibility and punishing bad
behavior by denying parole eligibility. However, abolishing parole could
initially increase public safety by keeping criminals locked up for a
longer period of time. The Department of Correction would have to expand
their facilities and personnel very significantly. If parole is
abolished and is not an option, offenders will serve their entire
sentence incarcerated. Under the current system, offenders may leave the
institution earlier if they are paroled to community supervision and
they can benefit from the evidence-based treatment services and
programming provided by BOPP as part of the Joint Offender Management
Plan. The Board of Probation and Parole carefully screens offenders and
uses a structured decision-making process
to
determine appropriate programming for each individual offender. Further,
parole supervision in the community helps offenders transition back
into a community setting while being monitored by Probation and Parole
Officers. Should parole be abolished offenders will lose this supervised
transition.
Senate Status: Referred to Senate Judiciary.
House Status: House Judiciary Criminal Practice Subcommittee
deferred to 03/24/2010.
Other Status: Oversight Corrections Committee 02/22/2010
reviewed, comment adopted and released to full committee.
|
SB 3308
Kelsey
HB
3274
DeBerry J.
|
Juveniles transferred to adult court. Prohibits the juvenile
court from regaining jurisdiction over a juvenile tried in the adult
court if that juvenile is acquitted or the case is dismissed. (S:
Kelsey; H: DeBerry J.)
House Co-Sponsors: Rich; Bass; Watson
E.; Todd
Judicial Council comment: The Judicial Council expressed
constitutional concerns with the continuing treatment of a juvenile as
an adult even when the charge(s) that resulted in the transfer to adult
court were dismissed or the person was acquitted. The Judicial Council
observed that mental health considerations may be different between the
time of the original charge that was transferred to any adult court and
any subsequent charge.
Senate Status: Referred to Senate Judiciary.
House Status: Caption bill held on House clerk's desk.
Other Status: Tennessee Judicial Council reviewed 03/04/2010 with
comment.
|
SB 3346
Kyle
HB
3281
Coleman
|
Court can order monitoring devices, in-patient treatment. Allows a
court, when setting bail for a defendant arrested for certain alcohol
related offenses and such defendant has prior convictions for certain
alcohol related offenses or is currently already released on bail for
certain alcohol related offenses, to order monitoring devices or
in-patient treatment as a condition of release and requires the court to
determine whether the defendant is a danger to the community prior to
release. (S: Kyle; H: Coleman)
House Co-Sponsors: Maggart;
Rich; Bass; Lundberg; Sontany; Matheny; Watson E.; Todd; Shipley
Judicial Council comment: The Judicial Council observed that
Tenn. Code Ann. 40-11-118(b) (7) currently requires a determination as
to whether someone is a danger to the community on the issue of bail.
Members of the Council observed that while these types of conditions on
bail would be a helpful tool, the reality and practicality of funding
these conditions, either by an individual or by a local government, are
problematic. The Judicial Council also noted that these types of
conditions of bail are different policy considerations than are
contemplated by the current function of bail, which is to ensure a
defendant's return for court.
Senate Status: Referred to Senate Judiciary.
House Status: House Judiciary Committee deferred to 03/23/2010.
Other Status: Tennessee Judicial Council reviewed 03/04/2010 with
comment.
|
SB 3347
Kyle
HB
3283
Coleman
|
Deferral of criminal proceedings. Eliminates deferral of
proceedings prior to trial and consolidates methods for deferral of
criminal proceedings under judicial diversion. (S: Kyle; H: Coleman)
House
Co-Sponsors: Rich; Bass; Lundberg; Sontany; Coley; Matheny; Watson
E.; Todd
Judicial Council Comment: The Judicial Council concluded
that this is a policy matter within the discretion of the legislature.
However, the Council recommended that the sponsor confer with the
Tennessee Attorney General regarding the legislation's effect on
offenders who commit the alleged offenses prior to the effective date of
the legislation but whose cases are resolved after the effective date.
The sponsor then may wish to amend the legislation to address the
retroactivity issue.
Senate Status: Referred to Senate Judiciary.
House Status: House Judiciary Committee deferred to 03/23/2010.
Other Status: Tennessee Judicial Council reviewed 02/18/2010 with
comment.
|
SB 3362
Black
HB
3369
Maggart
|
Cannot practice medicine while on sex offender registry. Requires
the registering agency to forward to the board a certified copy of the
offender's TBI registration form within 30 days after a sexual offender
or violent sexual offender who is a physician practicing in TN registers
as a sex offender. Requires the board to revoke the offender's license
to practice medicine. (S: Black; H: Maggart)
Senate Co-Sponsor:
Ketron
Senate Status: Senate Judiciary 03/16/2010 recommended. Sent
to Calendar Committee.
House Status: House Judiciary Criminal Practice Subcommittee
recommended 03/17/2010. Sent to House Judiciary.
|
SB 3382
Marrero
HB
3578
Jones S.
|
Rehabilitation of domestic violence perpetrators. Allows a judge
to include in a protection order that the respondent attend a certified
batterer's intervention program. (S: Marrero; H: Jones S.)
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Criminal Practice
Subcommittee 03/17/2010.
|
SB 3412
Crowe
HB
3460
Armstrong
|
Court to determine additional need for bail bondsmen. Requires
court to determine there is a need in such jurisdiction for additional
bondsmen before additional bondsmen are qualified and approved by the
court. (S: Crowe; H: Armstrong)
Judicial Council Comment: The Judicial Council observed that
this legislation is broadly captioned and based its comment on the
legislation as it is written. The council expressed concern that the
consideration required by the legislation as to whether there is need in
the jurisdiction for additional bondsmen is not tied to the
qualifications of the person applying to become a bondsman. Criminal
Court Judges who are required to consider applications to become
bondsmen would prefer not to make determinations as to whether market
competition should be limited.
Senate Status: Senate Judiciary deferred to 03/23/2010.
House Status: Referred to House Judiciary Criminal Practice
Subcommittee.
Other Status: Tennessee Judicial Council reviewed 02/18/2010 with
comment.
|
SB 3439
Tracy
HB 3691
Coleman
|
Arrest of defendants with mental illness. Requires that any
defendant arrested for any offense against a person and who has a severe
and persistent mental illness be held in custody for at least 12 hours
from the time of such defendant's arrest if the defendant is a threat to
the alleged victim. (S: Tracy; H: Coleman)
Senate Co-Sponsors:
Ketron; Marrero; Burchett; Burks
House Co-Sponsors:
Richardson; Todd; Carr; Harrison; Marsh; Turner J.
Senate Status: Referred to Senate Judiciary.
House Status: House Judiciary Criminal Practice Subcommittee
03/17/2010 recommended with amendment. Sent to House Judiciary.
|
SB 3473
Jackson
HB
2891
Turner M.
|
Prohibits renting residence to a sexual offender. Prohibits
renting or leasing any primary, secondary or any other living
accommodation to a tenant who is a sexual offender or a violent sexual
offender whose victim was a minor if the living accommodation is within
1,000 feet of a school, child care facility, public park, playground,
recreation center or public athletic field available for general use.
(S: Jackson; H: Turner M.)
Senate Co-Sponsor: Ketron
Joint Oversight Committee on Corrections: This bill would
strengthen the process of prohibiting a sex offender from living in a
prohibited area by requiring a landlord of residential property, before
leasing said property, to perform a sexual offender registry check of
the potential lessee on the sex offender registration. The Board of
Probation & Parole currently approves living quarters for those
under their supervision.
Senate Status: Referred to Senate Judiciary.
House Status: House Judiciary Criminal Practice Subcommittee
deferred to 03/24/2010.
Other Status: Oversight Corrections Committee 02/22/2010
reviewed, comment adopted and released to full committee.
|
SB 3714
Haynes J.
HB 3712
Odom
|
Restaurant owners allowing handguns on property. Allows
restaurant owners to post signage addressing the prohibition of alcohol
consumption by a person carry a firearm and prevents the owners from
being held liable for any damage from a person bringing a firearm on to
the premises if a sign is posted. (S: Haynes J.; H: Odom)
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Criminal Practice
Subcommittee 03/10/2010.
|
SB 3736
Bunch
HB
2835
Dennis
|
Bribery definitions: pecuniary benefit. Specifies that "pecuniary
benefit" includes an appointment to a membership or a leadership
position on any governmental body. (S: Bunch; H: Dennis)
Senate Status: Referred to Senate Judiciary.
House Status: House Judiciary Committee deferred to last
calendar.
|
SB 3785
Bunch
HB
3053
Bass
|
Arrest warrant - written approval of district attorney. Provides
that no arrest warrant or criminal summons shall be issued without the
written approval of the applicable district attorney if the affiant
knows the person to be arrested or summoned is a law enforcement
officer. (S: Bunch; H: Bass)
House Co-Sponsor: Watson E.
Senate Status: Referred to Senate Judiciary.
House Status: House Judiciary 03/16/2010 recommended. Sent to
Calendar & Rules.
|
HB 2890
Turner M.
|
Sex offenders to attend annual class sponsored by TBI. Requires
sexual offenders who are required to be on the sexual offender registry
and whose victim was 15 years of age or younger to attend a class
sponsored by the TBI on the evening of October 31 of every year.
Specifies that the class is to include information pertinent to sexual
offenders, including registry requirements. Requires the offender to pay
a reasonable fee to attend such class unless the offender is indigent.
(H: Turner M.)
House Status: Withdrawn in House 01/28/2010.
|
ECONOMIC DEVELOPMENT |
SB 0650
Finney L.
HB 0518
Shaw
|
Surety bond guarantee program for small businesses. Requires the
department of economic and community development to create and
administer funds to establish a surety bond guarantee program for small
and emerging contractors designated as small businesses. Specifies that
monies from the fund can be used to guarantee bid, payment and
performance bonds on contracts up to $1,000,000. Stipulates that any
such deposited monies or interest must remain in the reserve until
expended for purposes consistent with such program and cannot revert to
the general fund. (S: Finney L.; H: Shaw)
Amendment: House amendment 1, Senate Commerce amendment 1
rewrites the bill. Requires a pool of funds to be created and
administered for establishing a surety bond guarantee program for small
and emerging contractors designated as small businesses as defined by
the Tennessee Minority Owned, Woman Owned and Small Business Procurement
and Contracting Act. Authorizes these funds to be expended to guarantee
bid, payment, and performance bonds on contracts up to $1,000,000 in
value. Requires any considered funds be subject to annual appropriations
in the general appropriations act. House amendment 2 corrects a
typographical error by removing the misspelled word "administed" from
section 1. House amendment 3 removes House amendments 1 and 2 and
reinstates the department of economic and community development as the
entity that would administer the pool of funds created to establish a
surety bond guarantee program for small and emerging contractors
designated as small businesses.
Authorizes the state to guarantee up to 90 percent of a surety bond
amount of $250,000 or less and up to 80 percent of a surety bond amount
greater than $250,000 that is provided by an approved surety. However,
the total amount guaranteed under this program may not exceed $3
million. Allows the department to receive a fee from a participating
small business and to require any participating small business to set
aside part of the subcontract amount as security for the surety bond or
guarantee, or both. Authorizes the department to utilize up to 5 percent
of the total funds allocated for the program for administrative
expenses, including program administration, marketing expenses and
program evaluation.
Senate Status: Taken off notice in Senate Finance, Ways &
Means 06/18/2009.
House Status: Re-referred to House Finance, Ways & Means from
House floor 01/28/2010.
|
SB 1203
Overbey
HB 2085
Sargent
Public Chapter (PDF)
|
Tennessee Small Business Investment Company Credit Act. Requires
the department to provide a standardized format for applying for the
business investment credit. Requires an applicant to complete the
following: file an application with the department; pay a nonrefundable
application fee of $7,500; submit an audited balance sheet containing an
accountant's opinion that the applicant has equity capitalization of
$500,000 or more; and have at least two principals, at least one of whom
who is primarily located in Tennessee, employed or engaged to manage
the funds and who each have a minimum of five years of money management
experience in the venture capital or small business investment industry.
Authorizes the department to certify partnerships, corporations,
trusts, or LLCs, organized on a for-profit basis, which submit an
application to be designated as a Tennessee small business investment
company if such applicant is located, headquartered, and licensed or
registered to conduct
business in Tennessee, has as its primary business activity the
investment of cash in qualified businesses, and meets the other criteria
set forth in this chapter. Requires the department to issue or refuse
the certification within 45 days of receiving it. Prohibits insurance
companies and their affiliates from controlling certain interests in
Tennessee small business investment companies. Caps the aggregate amount
of investment tax credits to be allocated to all participating
investors of Tennessee business investment companies at $100,000,000.
Details qualified investments such companies must make in order to
maintain their certification and requires the companies to gain the
approval of the department prior to making such investments. Requires a
company to invest 60 percent of its designated capital in qualified
investments within four years and 100 percent within six years to retain
its privileges. Mandates that any such company pay to the department an
annual, nonrefundable
certification fee of $5,000 before April 1, or $10,000 if later than
April 1. Allows a participating investor to earn a credit against the
tax imposed to 80 percent of the participating investor's investment of
designated capital in such company. Prohibits a participating investor
from transferring, agree to transfer, selling, or agreeing to sell the
credit under this section until 180 days from the date on which the
participating investor invested designated capital. (19 pp.) (S:
Overbey; H: Sargent)
Senate Co-Sponsors: Stewart E.; Stanley;
Tracy; Finney L.; Jackson; Bunch; Burks; Burchett; Ketron; Watson B.;
Johnson J.
House Co-Sponsors: Fitzhugh; Naifeh; Cobb C.;
McCormick; Stewart M.; Harwell; Johnson P.
Amendment: House amendment 1 rewrites the bill. Creates a
new economic development program, to be administered by ECD in
conjunction with the department of revenue, known as the Tennessee Small
Business Investment Company Credit Act (TSBICCA). The TSBICCA
authorizes an aggregate maximum of $120,000,000 in investment tax
credits, to be offset against the gross premium tax liabilities of
certain insurance companies who qualify as participating investors for
the purpose of serving as economic development incentives. Requires
authorized tax credits be used against tax gross premiums tax
liabilities for tax years 2012 through 2019. House amendment 2 adds
language that declares profit share percentage distributions first be
made to the General Fund for the purpose of offsetting any decrease of
revenue that would occur due to the authorization of investment tax
credits; subsequent distributions and additional tax revenue generated
from the act shall then be allocated to the Rural
Opportunity Fund to further support the state's economic development
efforts.
Senate Status: Senate passed 06/18/2009.
House Status: House 06/18/2009 passed with amendments 1 and 2.
Other Status: Enacted as Public Chapter 0610 (effective
07/09/2009).
|
SB 1836
Kyle
HB
1365
Miller L.
|
Tennessee Apprenticeship and Job Stimulus Act of 2009. Requires
the department of labor and workforce development to establish an
apprenticeship and job training program to provide critical employment
skills to Tennesseans. Specifies that program is to include employment
seminars and workshops offered through the department and educational
grants for individual training at Tennessee technology centers. Also
requires the department, in consultation with the board of regents and
TSAC, to establish a Tennessee apprenticeship and job stimulus grant
program. Specifies eligibility requirements for grants. (S: Kyle; H:
Miller L.)
Senate Status: Referred to Senate Commerce, Labor &
Agriculture.
House Status: Taken off notice in House Consumer Affairs
Subcommittee 04/21/2009.
|
SB 3494
Beavers
HB
3629
Weaver
|
Logos for state products. Requires the department of economic and
community development to create an official logo or seal for products
or goods, except for food and agriculture products, that are processed
and manufactured in Tennessee. Allows the commissioner to register the
logo as a trademark. Authorizes a business or producer to use the logo
if such business or producer's final product has been processed or
manufactured in Tennessee. (S: Beavers; H: Weaver)
Senate Status: Taken off notice in Senate Commerce, Labor
& Agriculture 02/23/2010.
House Status: Referred to House Commerce. House Government
Operations will review if recommended.
|
SB 3653
Kelsey
HB
3699
Rowland
|
Mandatory use of e-verify system in hiring. Requires each
employer, including the state and local government, to use the e-verify
system created by the federal governments to verify the employment
eligibility status of any person seeking employment. Requires such
employer to maintain a copy of documentation verifying the eligibility
of the application for a period of three years. (S: Kelsey; H: Rowland)
House
Co-Sponsor: Bell
Senate Status: Taken off notice in Senate Commerce, Labor
& Agriculture 03/16/2010.
House Status: Referred to House Employee Affairs Subcommittee.
|
EDUCATION |
SB 0171
Ketron
HB
0208
Coley
|
Civic education program grants for non-profits. Requires
department of education to establish, administer, and monitor a grant
for eligible non-profit organizations providing civic education
programs. Specifies that the maximum amount of the grant will not exceed
$95,000. (S: Ketron; H: Coley)
Senate Status: Taken off notice in Senate Education
05/05/2009.
House Status: Taken off notice in House Education K-12
Subcommittee 04/01/2009.
|
SB 0568
Gresham
HB 1490
Brooks, Harry
|
Study on impact of mandatory American history class. Requires the
TBR and the UT board of trustees to study the impact of the American
history curriculum and make any recommendations to facilitate the
transfer of such course credits between the two systems. (S: Gresham; H:
Brooks, Harry)
Senate Status: Taken off notice in Senate Education
02/12/2009.
House Status: Taken off notice in House Higher Education
Subcommittee 04/28/2009.
|
SB 0680
Woodson
HB
0202
Dunn
Public Chapter (PDF)
|
School notified when a student is adjudicated delinquent. Expands
list of offenses that require a school to be notified when a student is
adjudicated delinquent to include an offense involving the use or
attempted use of force, violence, or a deadly weapon. (S: Woodson; H:
Dunn)
Amendment: Senate amendment 1 rewrites the bill. Allows a
court to make a finding that the child's school must be notified based
on the circumstances surrounding the offense if the adjudication of
delinquency is for an offense not listed. Adds a new subdivision to
include offenses not previously listed, for which a court has ordered
school notification based on the circumstances surrounding such offense.
Senate Status: Senate 04/09/2009 passed with amendment 1.
House Status: House passed 04/23/2009.
Other Status: Enacted as Public Chapter 0160 (effective
07/01/2009).
|
SB 1073
Barnes
HB
0408
Pitts
Public Chapter (PDF)
|
American history course requirement for higher education. Allows
student to substitute 3-credit hour course in American government for
three of the six semester or nine quarter hours of American history
courses required for a baccalaureate degree from a public higher
education institution. (S: Barnes; H: Pitts)
Amendment: Senate amendment 2 removes the language "prior to
July 1, 1975."
Senate Status: Senate 04/16/2009 passed with amendment 2.
House Status: House passed 04/30/2009.
Other Status: Enacted as Public Chapter 0204 (effective
07/01/2009).
|
SB 1202
Overbey
HB
0648
Lollar
|
Intercollegiate State Legislature Foundation funds use. Specifies
that it is the legislative intent that any funds appropriated to the
Tennessee Intercollegiate State Legislature be used by the foundation to
"reduce" rather than "eliminate" fees paid by colleges and universities
to participate in such organization. (S: Overbey; H: Lollar)
Senate
Co-Sponsors: Faulk; Herron; Kyle; Woodson; Norris
Senate Status: Taken off notice in Senate Finance, Ways &
Means 06/03/2009.
House Status: House passed 05/04/2009.
|
SB 1306
Crowe
HB
1188
Mumpower
|
Religious Viewpoints Antidiscrimination Act. Enacts the
"Religious Viewpoints Antidiscrimination Act." Requires an LEA to treat a
student's voluntary expression of a religious viewpoint, if any, on an
otherwise permissible subject the same way LEA treats a student's
voluntary expression of a secular or other viewpoint on an otherwise
permissible subject and may not discriminate against the student based
on a religious viewpoint. Requires a LEA to adopt a policy that includes
the establishment of a limited public forum for student speakers at all
school events at which a student is to speak publicly. Allows students
to express their beliefs about religion in homework, artwork, and other
written and oral assignments free from discrimination based on the
religious content of their submissions. Allows students to organize
prayer groups, religious clubs, or other religious gatherings before,
during, and after school to the same extend that students are permitted
to organize other
noncurricular student activities and groups. Authorizes school
authorities to disclaim sponsorship of noncurricular groups and events,
provided they administer the disclaimer in a manner that does not favor
or disfavor groups that meet to engage in prayer or other religious
speech. (S: Crowe; H: Mumpower)
Senate Status: Referred to Senate Education.
House Status: Taken off notice in House Education K-12
Subcommittee 04/22/2009.
|
SB 1745
Ketron
HB 1648
Jones U.
Public Chapter (PDF)
|
We Want To Learn English Initiative. Requires the department of
labor force and workforce development, in conjunction with the
department of education, to establish and administer grant program, "We
Want To Learn English Initiative," for the purpose of providing
resources for immigrants and refugees to learn English. Broadly
captioned. (S: Ketron; H: Jones U.)
Senate Status: Senate passed 05/04/2009.
House Status: House passed 05/20/2009.
Other Status: Enacted as Public Chapter 0366 (effective
06/05/2009).
|
SB 1777
Herron
HB 2184
Lollar
|
Security - TN intercollegiate state legislature. Directs the
department of safety to take appropriate measures to ensure the security
and safety of participants in attendance at the Tennessee
intercollegiate state legislature conducted each year on the grounds and
in the facilities of the Capitol Hill complex in Nashville. (S: Herron;
H: Lollar)
Senate Status: Senate State & Local Government deferred
to 05/12/2009.
House Status: Taken off notice in House State Government
Subcommittee 05/06/2009.
|
SB 2025
Berke
HB 1943
Maddox
|
Forward Thinking for Education Task Force. Creates the Forward
Thinking for Education Task Force composed of 11 members. Specifies that
the task force is to examine the structure of higher education, the
future of higher education, the overall mission of higher education, and
higher education funding options. Requires THEC to provide
administrative assistance to the task force. (S: Berke; H: Maddox)
Senate Status: Referred to Senate Education.
House Status: Taken off notice in House Rep. McDaniel's Study
Committee Subcommittee 05/19/2009.
|
SB 2122
Kyle
HB
2143
Fitzhugh
|
Streamlining Higher and Postsecondary Education Act. Enacts the
"Streamlining Higher and Postsecondary Education (SHAPE) Act." Provides
that the current systems of governance of the University of Tennessee
system and the board of regents system shall cease to exist on July 1,
2010. Requires the Tennessee higher education commission, the University
of Tennessee board of trustees, and the board of regents to restructure
the governance of higher education in the state, subject to the
approval of the legislature. (S: Kyle; H: Fitzhugh)
Amendment: House Higher Education Subcommittee amendment 1,
Senate Education Committee amendment 1 specifies that any debt or
obligation of THEC or TBR would become the debt or obligation of the
state in the event that THEC and TBR cease to exist.
Senate Status: Taken off notice in Senate Education
03/17/2009.
House Status: House Higher Education Subcommittee deferred to
future calendar after adopting amendment 1.
|
SB 2308
Kyle
HB
2320
Winningham
|
Duties of THEC. Requires THEC's report to the joint education
oversight committee to include information on the degree to which
community colleges and universities require the same freshman and
sophomore courses to satisfy baccalaureate major degree requirements.
Increases membership of committee on postsecondary educational
institutions from 11 to 13. Requires director of THEC to provide a
comprehensive report on the work of the institute of public health by
January 31, 2010 (Part of Administration Package). (S: Kyle; H:
Winningham)
Senate Status: Referred to Senate Education.
House Status: House sponsor changed from Turner M. to Winningham
on 03/12/2009.
|
SB 2657
Ketron
HB 2834
Todd
|
Excess funds for operation of trustee's office. Requires the
county trustee to return commissions in excess of amount needed to
operate the trustee's office to the school fund to the extent the excess
commissions do not exceed the amount received by the trustee from the
school fund. (S: Ketron; H: Todd)
Senate Status: Referred to Senate State & Local
Government.
House Status: Taken off notice in House Local Government
Subcommittee 03/10/2010.
|
SB 3234
Gresham
HB
3334
Brooks, Harry
|
Establishes financial literacy program. Requires the department
of the treasury to develop and administer a financial literacy program
for the purpose of improving the financial literacy and education of the
state's citizens. (S: Gresham; H: Brooks, Harry)
Senate Status: Senate State & Local Government deferred
to 03/31/2010.
House Status: House Government Operations deferred to last
calendar.
|
SB 3432
Tracy
HB 3762
West
|
Civic classes to be taught in high school. Requires the course of
instruction in all public schools on the high school level to contain
courses and content to educate children in the United States government.
(S: Tracy; H: West)
Senate Co-Sponsor: Ketron
Senate Status: Referred to Senate Education.
House Status: House Education 03/17/2010 recommended. Sent to
Calendar & Rules.
|
SB 3438
Tracy
HB
3336
Carr
|
Fines related to truancy. Increases the fine a judge is allowed
to assess against the parent or legal guardian of a child that has been
adjudicated unruly for truancy from $50 to $100. Also increases the
hours of community service that a judge may assess against such parent
or legal guardian from five hours to ten hours. (S: Tracy; H: Carr)
Senate
Co-Sponsor: Ketron
Senate Status: Referred to Senate Judiciary.
House Status: House Education K-12 Subcommittee deferred to the
last calendar.
|
SB 3613
Kelsey
HB
3623
Hardaway
|
Student loan repayment programs for certain nurses. Requires TSAC
to develop, implement, and administer student loan repayment programs
for nursing school graduates who perform community service work that
falls within the scope of nursing or accept employment with the state
that falls in the scope of nursing. (S: Kelsey; H: Hardaway)
Senate Status: Referred to Senate General Welfare.
House Status: House Government Operations deferred to 03/24/2010.
|
SB 7005
Kyle
HB
7010
Turner M.
Public Chapter (PDF)
|
TN First to the Top Act of 2010. Provides for the establishment
of an achievement school district. Revises present law regarding
restructuring schools. Creates a 15-member teacher evaluation advisory
committee. Revises present law regarding the evaluation of teachers and
principals. Revises present law regarding when and in what manner a
teacher, having received a notice of charges, may demand a hearing.
Authorizes an LEA to submit to the commissioner its own proposed salary
schedule, subject to collective bargaining where applicable.
Implementation of such a salary schedule would be subject to approval by
the commissioner and the state board, and in no case may such a
schedule result in a reduction of the salary of a teacher employed by
the LEA at the time of the adoption of the salary schedule. Requires the
department of education, with the assistance of the LEAs, to identify
career and technical education classes in which there is no physical
safety risk to students for the
purpose of making recommendations to the state board that such classes
be exempted from the maximum class size for career and technical
education classes and instead be set at the maximum class size for
academic classes in grades 7-12. If the maximum class size of a career
and technical class is set at the maximum class size for academic
classes in grades 7-12, then the funding level for such class under the
BEP must be the same as the funding level for academic classes in the
grade level at which the class is taught. (S: Kyle; H: Turner M.)
Senate
Co-Sponsors: Woodson; Gresham; McNally; Berke
House
Co-Sponsors: DeBerry L.; Brooks, Harry; Naifeh; Fitzhugh; Maddox
Amendment: HOUSE AMENDMENT 23 is a stripper amendment.
Rewrites the bill in its entirety, making the following changes: Revises
the provisions introduced by Senate Amendment 5 regarding teacher
evaluation procedures to specify that this bill will not apply to
teachers on a "120-day" instead of "100-day" contract. Requires any
individuals, governmental entities, or nonprofit entities contracting
with the commissioner to manage the operation of any school under this
bill to provide timely information to the LEA and director of schools
regarding its operation of such schools, including but not limited to
matters relating to employment of personnel at the school. The LEA may
continue to support the educational improvement of the school under the
direction and guidance of the commissioner and in accordance with any
contracts entered into in accordance with this bill. In addition, any
individuals, governmental entities, or nonprofit entities contracting
with the commissioner may
voluntarily work with the LEA in providing to the schools professional
development or technical assistance, instructional and administrative
support, and facilitating any other support that may be beneficial to
academic progress of the school. Rewrites the provisions of the bill
regarding the membership of the teacher evaluation advisory committee so
that under this amendment, the committee would consist of the
commissioner of education, the executive director of the state board of
education, the chairpersons of the education committees of the senate
and the house of representatives. One member will be a K-12 public
school teacher appointed by the speaker of the house of representatives
and one member will be a K-12 public school teacher appointed by the
speaker of the senate. The remaining nine members will be appointed by
the governor and will consist of three public school teachers, two
public school principals, one director of a school district, and three
members representing other
stake-holders interests, provided, that at least one member of the
committee shall be a parent of a currently enrolled public school
student. The membership of the committee shall appropriately reflect the
racial and geographic diversity of this state. Clarifies that after the
teacher evaluation advisory committee develops guidelines and criteria,
then the state board of education will adopt guidelines and criteria.
This amendment also clarifies that the performance standards contained
in a principal's contract will include the provisions regarding
evaluations being based on student achievement data as defined by
"guidelines and criteria adopted by the state board of education". HOUSE
AMENDMENT 15 (omnibus amendment) gives the commissioner of education
the authority to remove schools and to place them into an achievement
school district. Allows the commissioner to place any school that has
entered the fifth year of improvement status or any Title I school
determined to be a
"persistently lowest achieving school" into the achievement school
district. Requires LEA to continue providing BEP matching funds to a
school placed under alternative governance or into the alternative
school district. Deletes the prohibition on using TVAAS data to review a
teacher's performance until three years of data are compiled for a
teacher. Creates the Achievement School District and gives the
commissioner the authority to contract with entities to manage schools
an d LEAS within the ASD. Requires that, in the absence of any other
funding source, the ASD must use state and local funding saved in
special reserve accounts. Changes the make up and appointment of the
committee from 11 members to 15 members and requires that at least one
of the appointees be a parent of a currently enrolled public school
student. Establishes that appointments made to the TEAC will be made 30
days after the effective date of the act. Requires that 50 percent of
the evaluation criteria be composed of
student achievement date, of which 35 percent would be consisting of
TVAAS data and 15 percent on other student achievement. Requires the
committee to be subject to sunset review, terminating on July 1, 2011.
Allows LEAS to submit their own proposed salary schedule to the
Commissioner with the consent of the State Board of Education. Grants
any tenured teacher the right to a hearing before an impartial hearing
officer selected by the local board of education prior to termination.
Requires the department of education to annually report to the General
Assembly on the local RTTT funds awarded to each LEA and achievement
district. HOUSE AMENDMENT 19 reinstates Senate amendment 17, which
clarifies that 35 percent of the evaluation criteria used in teacher and
principal and teacher evaluations must be student achievement data
based on student growth data as represented by TVAAS, or some other
comparable measure of student growth, if no such TVAAS data is
available. SENATE AMENDMENT 1 adds
persons representing the interests of business to the list of
individuals who shall serve of the teacher evaluation advisory
committee. Specifies that the governor shall strive to ensure that at
least one person serving on the committee is a member of a racial
minority and at least one member of the committee is 60 years of age or
older. Prohibits a lobbyist from serving on the committee. Sunsets the
committee on July 1, 2011, subject to will of general assembly. SENATE
AMENDMENT 2 requires that at least five members of the teacher
evaluation advisory committee be teachers of grades K-12. SENATE
AMENDMENT 4 specifies that 50 percent of the teacher evaluation criteria
developed be comprised of student achievement data with 35 percent of
the student achievement data portion of the evaluation based on student
growth data as represented by the TVAAS, or some other comparable
measure of student growth if TVAAS data is not available, and with the
remaining 15 percent based on other measures
of student achievement selected from a list of measures developed by the
committee and adopted by the board. Specifies that for each evaluation,
the teacher or principal being evaluated shall mutually agree with the
person(s) responsible for conducting the evaluation on which such
measures are employed, but when the parties cannot agree, the evaluator
shall have the final decision-making authority. Specifies that if a
particular teacher's or principal's student growth data reflects
attainment of a specific achievement level, to be recommended by the
committee and adopted by the board, then the student growth data may, at
the choice of the person being evaluated, comprise 50 percent of the
person's evaluation. SENATE AMENDMENT 5 specifies that the evaluation
procedure does not apply to teachers who are employed under contracts of
a duration of 100 days per school year or less who are not employed
full time. SENATE AMENDMENT 6 rewrites provision whereby all BEP funds
generated in support
of students assigned to schools placed in the achievement school
district (ASD) must be moved to a special BEP reserve account to be held
until the school is placed back under the jurisdiction of the LEA.
Instead provides that, absent other funding, the ASD must use state and
local funding identified in SECTION 5, regarding the LEA in an ASD being
accountable for the match required by the funding formula for students
served and being required to provide support services. Allows such state
and local funding to be used for new initiatives and programs to the
extent that any increase in recurring expenditures are funded
additionally so as not to create a financial burden on the LEA when the
school or LEA is removed from the ASD. Provides that, to the extent that
such state funds are not used to support a school or LEA in the ASD,
they must be allocated to a state reserve fund to be distributed to an
LEA only upon approval of the commissioner. Provides that, to the extent
that such local
funds are not used to support a school or LEA in the ASD, the LEA must
allocate such funds to a special BEP reserve account until the school or
LEA is placed back under the jurisdiction of the LEA. It is the
legislative intent that such funds be used only for non-recurring
purposes. SENATE AMENDMENT 7 requires that any additional expenditure
incurred as a result of any alternative salary schedule submitted by an
LEA and approved by the commissioner of education pursuant to this bill
be subject to appropriation by the governing body empowered to
appropriate the funds. SENATE AMENDMENT 8 removes the last sentence in
Section 13, thus deleting the provision that specifies that if the
maximum class size of a career and technical class is set at the maximum
class size for academic classes in grades 7-12, then the funding level
for such class under the BEP must be the same as the funding level for
academic classes in the grade level at which the class is taught. SENATE
AMENDMENT 9 requires
the department of education to create a fund with draw down federal
funds called the "Teacher Professional Development Fund." Specifies that
the money from the fund is to be used to train teachers in new
educational methods. SENATE AMENDMENT 15 specifies that the five school
teacher members required by Senate amendment 2 must be public school
teachers for K-12 who are licensed to teach in Tennessee. SENATE
AMENDMENT 17 clarifies that 35 percent of the evaluation criteria used
in teacher and principal and teacher evaluations must be student
achievement data based on student growth data as represented by TVAAS,
or some other comparable measure of student growth, if no such TVAAS
data is available.
Senate Status: Senate 01/15/2010 passed with amendments 1, 2,
4, 5, 6, 7, 8, 9, 15, and 17. Set for Senate message calendar
01/15/2010. Senate 01/15/2010 returned to House. Senate 01/14/2010
concurred in House amendments 15, 19, and 23.
House Status: House 01/15/2010 passed with amendments 15 and 19.
House 01/15/2010 adopted motion to reconsider and adopted motion to lift
from table. House passed with amendment 23.
Other Status: Enacted as Public Chapter 7002 (effective
01/16/2010).
|
SB 7016
Kelsey
HB 7022
Lynn
|
Parental Choice Scholarship Act. Creates the parental choice
scholarship to be awarded to eligible elementary or secondary students
in order to allow the students to attend a participating school.
Requires that this act be implemented first as a pilot program in the
school district with the greatest number of schools failing to make
adequate yearly progress with the pilot program available to students in
the 10 schools in the district that have failed to make adequate yearly
progress for the greatest number of years. Specifies that a student is
eligible if he or she is a member of a household whose total annual
income is less than 2.5 times the income standard used to qualify for
reduced price lunch under federal law, was eligible to attend a public
school in the preceding semester or is starting school in TN for the
first time, and resides in TN while receiving the scholarship. Specifies
that a participating school may be either a public school in a resident
school district or
a nonpublic school that provides education to elementary or secondary
students or both and has notified the department of education of its
intention to enroll parental scholarship students. Sets different
scholarship amounts depending on the income of the eligible student's
household. (S: Kelsey; H: Lynn)
Senate Co-Sponsor: Gresham
Amendment: Senate Education amendment 2 limits the pilot
program to one school instead of 10.
Senate Status: Senate Finance, Ways & Means deferred to
the first calendar of the regular session.
House Status: Referred to House Education.
|
HB 0593
Coleman
|
Mobile phones during school hours. Establishes that it is a
delinquent act for any student under 18 years old to use a mobile
telephone during school hours on school property. Establishes that it is
a Class C misdemeanor punishable by fine or community service for any
student 18 years or older to use a mobile phone during school hours on
school property. (H: Coleman)
House Status: Taken off notice in House Education K-12
Subcommittee 04/08/2009.
|
HJR 0051
Cooper B.
|
Teaching of the history of the labor movement. Urges the
department of education to promote the teaching of the history of the
labor movement in schools throughout the state. (H: Cooper B.)
Senate Status: Senate Education bumped from consent calendar.
House Status: House 04/02/2009 adopted.
|
ENERGY & MINING |
SB 0906
Burks
HB 2001
Curtiss
|
State building commission projects - energy cost savings. Requires,
at the design development stage, the designer of a project with the
state building commission to provide estimated yearly energy consumption
of the proposed site, the basis for the submitted figures, and a
description of energy consumption alternatives. Establishes procedure
for deducting from amount bid on state building commission project the
estimated energy cost savings attributable to bidder's design
modifications and proposals. (S: Burks; H: Curtiss)
Senate Status: Taken off notice in Senate State & Local
Government 04/20/2009.
House Status: House State Government Subcommittee deferred to
2010.
|
SB 2294
Kyle
HB
2248
Turner M.
Public Chapter (PDF)
|
Revisions to TN Mineral Surface Mining Law of 1972. Defines
"mineral" relative to land for which the state government owns surface
interest as any clay, stone, gravel, sand, phosphate rock, metallic ore,
and any other solid material or substance of commercial value found in
natural deposits on or in the earth, but excludes coal. Authorizes the
operator to elect to deposit irrevocable letters of credit or
certificates of deposit with the state treasurer in lieu of a corporate
surety rather than authorizing him to deposit negotiable U.S. treasury
bonds, or negotiable general obligation municipal or corporate bonds,
which municipal or corporate bonds have at least an "A" rating by Moodys
and/or Standard and Poors rating services. Clarifies that the operator
making the deposit will be entitled to demand and receive from the
treasurer the whole or any portion of any instruments so deposited, in
lieu thereof, other instruments of the classes herein specified having a
value at least
equal to the sum of the bond or instrument, and also to demand and
recover any interest income from instruments as the same becomes due and
payable. This bill is sometimes referred to as the "rock harvesting
bill." (Part of Administration Package) (S: Kyle; H: Turner M.)
House
Co-Sponsor: McCord
Senate Status: Senate passed 04/09/2009.
House Status: House passed 04/30/2009.
Other Status: Enacted as Public Chapter 0211 (effective
05/13/2009).
|
SB 2831
Berke
HB 3665
Stewart M.
|
Property Rights Protection Act. Enacts the Property Rights
Protection Act. Establishes liability of the owner or operator of a coal
surface mining operation to any person for any personal injury, death
or property damage as a result of either the release or discharge of
rock, soil or pollutants from a coal surface mining site or any
violation of a coal surface mining permit. Permits punitive damages to
deter future damages or violations by the coal surface mining operator,
as well as prevailing plaintiff attorneys' reasonable fees and expenses.
(S: Berke; H: Stewart M.)
Senate Status: Referred to Senate Environment, Conservation
& Tourism.
House Status: Caption bill held on House clerk's desk.
|
ENVIRONMENT & NATURE |
SB 0631
Southerland
HB 1616
McCord
|
Water quality standards. Specifies that waters identified as
impaired by the commissioner and that appear on the list he or she
compiles pursuant to the federal Clean Water Act cannot be considered
exceptional or tier 2 waters. Clarifies that the general assembly must
recognize that, in the application of water quality standards,
publicly-funded projects are in the public interest. Specifies that
degradation will be presumed to be socially and economically necessary
when the board must make a finding of social and economic necessity
related to degradation of any exceptional or tier 2 waters. (S:
Southerland; H: McCord)
Amendment: House Environment amendment 1 removes the section
of the bill which specifies that waters identified as impaired by the
commissioner and that appear on the list compiled by the commissioner
pursuant to Section 303(d) of the federal Clean Water Act shall not be
considered exceptional or tier 2 waters. House Environment Subcommittee
amendment 2 creates a joint study committee on this issue. Senate
Environment amendment 1 declares any publicly funded project to be in
the best interest of the public. Requires TDEC to make a finding
concerning social and economic necessity to justify degradation of an
exceptional Tennessee water. Places the burden of proof that such a
degradation is necessary that current law places upon an applicant upon
the opponent. Requires the opponent provide clear and convincing
evidence that the degradation is not necessary.
Senate Status: Taken off notice in Senate Finance, Ways &
Means 06/18/2009.
House Status: House Conservation & Environment deferred to
2010.
|
SB 0677
Overbey
HB
0647
Montgomery
Public Chapter (PDF)
|
Hearings related to bulk survey for release applications. Requires
department of environment and conservation to promulgate rules for
adequate public notice of hearings related to bulk survey for release
applications. Broadly captioned. (S: Overbey; H: Montgomery)
Senate
Co-Sponsors: Woodson; Ketron
Amendment: Senate amendment 1 requires candidates for the
office of constable in Sevier County to include certain information on
their nominating petition.
Senate Status: Senate 04/23/2009 passed with amendment 1.
House Status: House passed 04/23/2009.
Other Status: Enacted as Public Chapter 0159 (effective
05/07/2009).
|
SB 0876
Southerland
HB 1630
McCord
|
TN Environmental Protection and Recycling Act. Requires a 75
percent reduction in the amount of solid waste disposed of in Class 1
disposal facilities in this state on or before July 1, 2018, and that
such reduction shall be accomplished through waste source reduction,
reuse, composting, recycling and other methods identified by the
department and board as beneficial to the citizens of the state. Enacts a
"Green Tennessee Assistance Grant Act" for the purpose of providing an
incentive to encourage students to pursue advanced degrees in areas of
study suited for environmental protection, sustainable development and
ecological stewardship. Requires the commissioner to establish criteria
for the grant program. Creates excise tax credit for creation of
recycling drop-off facility. Broadly captioned. (S: Southerland; H:
McCord)
Amendment: House State & Local Government amendment 1
creates an eight member study committee to study the issue.
Senate Status: Taken off notice in Senate Environment,
Conservation & Tourism 04/21/2009.
House Status: Taken off notice in House Rep. McDaniel's Study
Committee Subcommittee 06/10/2009.
|
SB 1112
Overbey
HB 1622
McCord
|
State standards for air and water quality. Requires standards for
air and water quality, air emissions, or water discharge by any state
department to be consistent with and not exceed the requirements of
federal statutes. Authorizes state departments to create regulations to
protect human health relative to the environment when federal statutes
are not in place. Prohibits imposing any duty, responsibility or
liability on a permittee for any initial or modified air or water permit
issued on or after the effective date of this act. Broadly captioned.
(S: Overbey; H: McCord)
Senate Status: Taken off notice in Senate Environment,
Conservation & Tourism 03/10/2009.
House Status: Caption bill held on House clerk's desk.
|
SB 2083
Burchett
HB 2051
McCord
|
TN Solid Waste Management & Community Recycling Act of 2009. Enacts
the "Tennessee Solid Waste Commodity Management and Community Recycling
Enhancement Act of 2009" intended to encourage the use of recycling as a
more efficient and less energy intensive approach to solid waste
management. Clarifies that the general assembly intends for this
legislation to encourage the development of our present fragmented
system of local community recycling programs into a comprehensive
regionalized approach and to encourage recycling education and litter
prevention education. Describes the certain restrictions that will be
imposed after the creation and evaluation of recycling pilot projects.
Creates a special account in the state treasury to be known as the
"Tennessee solid waste commodity management and community recycling
enhancement fund" where any fees imposed must be deposited. (S:
Burchett; H: McCord)
Senate Status: Senate Environment, Conservation & Tourism
deferred to 2010.
House Status: Taken off notice in House Local Government
Subcommittee 03/25/2009.
|
SB 2632
Southerland
HB 2728
Harmon
|
Billboard regulation and control act: agreement definition. Defines
"agreement" as the agreement entered into between the commissioner and
the United States secretary of transportation concerning the Billboard
Regulation and Control Act of 1972. (S: Southerland; H: Harmon)
House
Co-Sponsors: Dean; Johnson P.
Senate Status: Senate Transportation deferred to 03/23/2010.
House Status: House Transportation Rural Roads Subcommittee
recommended 03/17/2010.
|
SB 2778
Burchett
HB 3246
McCord
|
Reimbursement for emergency assistance in state parks. Requires
people that receive emergency assistance while on state park grounds to
reimburse the division of parks and recreation for any costs incurred.
(S: Burchett; H: McCord)
Amendment: Senate amendment 1, as amended, makes the
requirement of this bill that the department charge for the costs of
rescue permissive and encourages the commissioner to implement the
authority conferred by this bill in a manner that is cost-effective and
does not adversely impact public safety. This amendment as amended
directs the code commission to change certain references to the
"division of parks and recreation" to the "division of state parks and
natural areas."
Senate Status: Senate 03/11/2010 passed with amendment 1, as
amended.
House Status: Caption bill held on House clerk's desk.
|
SB 3011
Jackson
HB 3314
Cobb T.
|
Use of private airstrips and land safety. Clarifies that a
landowner, lessee, or occupant of land used for a private airstrip or
related activities owes no duty of care neither to maintain the safety
of the land for use by others, nor needs to post a warning concerning
the dangers of the property. (S: Jackson; H: Cobb T.)
House
Co-Sponsor: Hensley
Senate Status: Senate Judiciary deferred to 03/23/2010.
House Status: House Civil Practice Subcommittee 03/17/2010
recommended with amendment. Sent to House Judiciary.
|
SB 3451
Yager
HB
3483
Ferguson
|
Decision on appeals by water quality control board. Requires
water quality control board to make final decision on appeals regarding
water quality and render an order within 120 days. (S: Yager; H:
Ferguson)
Senate Status: Taken off notice in Senate Environment,
Conservation & Tourism 02/18/2010.
House Status: Referred to House Conservation & Environment.
|
SB 3469
Jackson
HB
3429
McDonald
|
TN Beverage Container Recycling Act. Creates a deposit beverage
container recycling program. Requires every deposit beverage distributor
to pay the department of revenue a 5-cent deposit on every deposit
beverage container manufactured in or imported into the state beginning
March 1, 2012. Assesses consumer deposit charge of 5 cents on April 1,
2012. Authorizes every deposit beverage container sold in this state
beginning April 1, 2012 to possess a refund value of 5 cents.
Establishes that the deposit beverage container fund shall be used to
reimburse the consumers and pay certain fees, reimbursements, and
certain employment of the deposit beverage container program. Creates a
deposit beverage container program board to assess and establish
regulations for the program. Establishes that any person who attempts to
redeem more than 24 beverage containers that where knowingly bought in
another state shall pay a fine of either $100 per bottle or $25,000.
Provides that existing
bottlers tax shall expire on June 30, 2010. (32pp.) (S: Jackson; H:
McDonald)
Senate Co-Sponsors: McNally; Marrero
House
Co-Sponsors: Ramsey B.; Bone; Swafford; DeBerry J.; Niceley; Stewart
M.; Kernell; Coley; Turner M.; Richardson; Jones S.; Shepard; West
Senate Status: Senate Environment, Conservation & Tourism
deferred to 03/23/2010.
House Status: House State Government Subcommittee deferred to
03/23/2010.
|
SB 3533
Overbey
HB
3649
Stewart M.
|
Uniform Environmental Covenants Act. Stipulates the requirements
to be found in an environmental covenant including rights and
limitations. Creates a registry within the department of environment and
conservation containing all environmental covenants and any amendment
or termination of those covenants. (S: Overbey; H: Stewart M.)
Senate Status: Referred to Senate Environment, Conservation
& Tourism.
House Status: Referred to House Judiciary Civil Practice
Subcommittee.
|
HB 2770
Tidwell
|
Forest Product Fairness Act. Enacts the "Forest Product Fairness
Act." Requires the commissioner of agriculture to approve incentives to
directly support the purchase of forest products through a fair and
equitable process. Specifies that the process shall be open to
individuals and both new and existing partnerships, corporations,
associations, or other legal entities. (H: Tidwell)
House
Co-Sponsor: Shipley
House Status: Withdrawn in House 01/27/2010.
|
ESTATES & TRUSTS |
SB 0444
Overbey
HB 0608
Stewart M.
|
Guardianship or protective proceedings. Enacts the Uniform Adult
Guardianship and Protective Proceedings Jurisdiction Act. Clarifies
procedures for appointing guardianships. (S: Overbey; H: Stewart M.)
Amendment: Senate Judiciary amendment 1 clarifies that
nothing in this legislation shall supercede the TN Adult Protection Act.
Senate Status: Senate Judiciary deferred to 03/02/2010 after
adopting amendment 1.
House Status: Taken off notice in House Civil Practice
Subcommittee 04/22/2009.
|
SB 0528
McNally
HB
0349
Hackworth
|
Attorney in fact required to be witness to codicils to will. Requires
an attorney in fact to be a witness to any codicils to a will in which
the testator has executed a durable power of attorney. (S: McNally; H:
Hackworth)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Civil Practice
Subcommittee.
|
SB 0758
Johnson J.
HB 1237
Curtiss
|
Authority to invest custodial property in 529 plan. Subjects
custodian's authority to invest custodial property in a 529 plan to
court order. (S: Johnson J.; H: Curtiss)
Senate Status: Referred to Senate Judiciary.
House Status: Caption bill held on House clerk's desk.
|
SB 2552
Ketron
HB 2668
Coleman
|
Guardianships - definition of financial institution. Removes
brokerage firm from definition of "financial institution" for purposes
of determining whether to require a conservatorship or guardianship bond
and whether to approve certain investments. (S: Ketron; H: Coleman)
Senate Status: Referred to Senate Judiciary.
House Status: House Civil Practice Subcommittee deferred to
03/24/2010.
|
SB 2875
Haynes J.
HB 3036
Dennis
|
Modifying of a will. Providing for the achievement of the
testator's tax objectives, the terms of a will may be modified as long
as it is not contrary to the testator's probable intention. Allows for
retroactive effect. (S: Haynes J.; H: Dennis)
House Co-Sponsor:
Hardaway
Senate Status: Senate passed 03/08/2010.
House Status: House passed 03/01/2010.
Other Status: Sent to governor 03/15/2010.
|
SB 3045
Overbey
HB 3862
Coleman
|
Wills - federal estate & generation-skipping transfer tax. Requires
that wills or trusts of decedents, who die after December 31, 2009, but
before January 1, 2011, that reference certain exemptions must be
construed as referring to the federal estate and generation-skipping
transfer tax laws. (S: Overbey; H: Coleman)
House Co-Sponsors:
Fincher; McManus; Rich
Amendment: Senate amendment 1 excludes certain wills and
trusts from the general rule of construction, as established in the
original bill, when personal representatives for the will or trust file
written elections to opt out of the rule with the court clerks. Defines
the term "qualified beneficiary".
Senate Status: Senate 02/17/2010 passed with amendment 1.
House Status: House 03/01/2010 passed.
Other Status: Sent to governor 03/08/2010.
|
SB 3074
Herron
HB
2649
Tidwell
|
Probating of will in a small estate. Permits the filing of a
petition to probate a will in a small estate solely for the purpose of
establishing muniment of title to real estate and personal property. (S:
Herron; H: Tidwell)
Senate Status: Referred to Senate Judiciary.
House Status: House Civil Practice Subcommittee deferred to
03/24/2010.
|
SB 3077
Herron
HB 3655
Stewart M.
|
Court petition to probate small estate: determining title. Allows
a person to petition a probate court in an estate valued $25,000
dollars or less for the purpose of determining who owns title to real
estate and personal property. (S: Herron; H: Stewart M.)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Civil Practice
Subcommittee.
|
SB 3522
Overbey
HB 3861
Coleman
|
Revises provisions regarding trust payments. Establishes
additional income taxes concerning trusts by the trustee. Eases the
conflict of interest rules between a trust representative and a
beneficiary. Adds certain provisions affecting the applicability of a
spendthrift clause in a trust. Allows trustee to purchase securities
with certain loyalty provisions altered. Clarifies that the trustee is
not personally liable for debts incurred through the trustee's fiduciary
capacity, unless state law prohibits. Increases burden for proving
trustee is at fault in certain situations. Prohibits the collection of
beneficiary's trust in certain situations. Alters revocability of
certain investment services trusts. Establishes the creation and
procedures for the total return unitrust. (23 pp.) (S: Overbey; H:
Coleman)
Senate Co-Sponsor: Johnson J.
House
Co-Sponsors: Fincher; McManus; Rich
Amendment: Senate amendment 1 rewrites the bill, corrects
minor wording errors, changes definitions relating to the Tennessee
Investment Services Act, alters timing rules regarding the Rule Against
Perpetuities, and alters the creation and procedures for the total
return unitrusts. Senate amendment 2 specifies that a creditor's
remedies under the uniform fraudulent transfer act shall not be limited.
House amendment 3 prevents trustees from purchasing certain business
contracts, removes the requirement that transferor and transferee banks
must be related when one bank transfers fiduciary accounts to the other,
adds certain requirements regarding spendthrift provisions, and alters
certain fiduciary duties when seeking compensation.
Senate Status: Senate 02/22/2010 passed with amendments 1 and
2.
House Status: House 03/15/2010 passed with amendment 3.
|
SB 3529
Overbey
HB 3863
Coleman
|
Community property trust: creation and specifications. Establishes
the community property trust, which allows a married couple to choose
to transfer property to a trust and convert the property into community
property. Lists specifications for community property trusts, including
its creation and the effects of divorce and a spouse passing away. (S:
Overbey; H: Coleman)
House Co-Sponsors: Fincher; McManus;
Rich; Barker
Senate Status: Senate passed 03/08/2010.
House Status: House passed 03/01/2010.
Other Status: Sent to governor 03/15/2010.
|
SB 3818
Johnson J.
HB 3614
Casada
|
Conflict of interest provisions in TN Uniform Trust Code. Changes
the language from "conflict of interest" to "material conflict of
interest" with regards to conflict of interest provisions in the
Tennessee Uniform Trust Code. (S: Johnson J.; H: Casada)
Senate Status: Referred to Senate Commerce, Labor &
Agriculture.
House Status: Referred to House Judiciary Civil Practice
Subcommittee.
|
FAMILY LAW |
SB 0039
Marrero
HB
0237
DeBerry J.
Public Chapter (PDF)
|
Guardian ad litem - agreement of parenting plan. Removes
requirement that in a divorce the guardian ad litem must agree to the
parenting plan before the court can approve the parenting plan. (S:
Marrero; H: DeBerry J.)
Amendment: Senate amendment 1 specifies that evidence
submitted by the guardian ad litem in any such case would be considered
in best interest of the child.
Judicial Council comment: Judicial Council adopted and
released to full committee with additional remark that the deletion of
the requirement that an appointed guardian ad litem approve a parenting
plan is positive and has a salutary effect. Appointed guardians ad litem
would retain the ability to present evidence for the court's
consideration that a proposed parenting plan is not in the child's best
interest.
Senate Status: Senate 06/03/2009 passed with amendment 1.
House Status: House 06/16/2009 concurred in Senate amendment.
Other Status: Enacted as Public Chapter 0563 (effective
07/01/2009).
|
SB 0050
Bunch
HB 0398
Rowland
|
Rebuttable presumption for shared custody. Creates rebuttable
presumption that equally shared parenting is in the best interest of the
child. (S: Bunch; H: Rowland)
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Domestic Relations
Subcommittee 03/25/2009.
|
SB 0097
Berke
HB
0066
Fincher
Public Chapter (PDF)
|
Petitions for divorce or legal separation. Removes language that
previously allowed judges to dismiss petitions and bills that did not
contain satisfactory information by the complainant or petitioner. (S:
Berke; H: Fincher)
House Co-Sponsor: Sargent
Amendment: House amendment 1 rewrites the bill. Allows a
petitioner or complainant a grace period to re-file the petition or
complaint with the previously excluded information or with a
demonstration of due diligence that the information was sought.
Senate Status: Senate passed 05/04/2009.
House Status: House 04/16/2009 passed with amendment 1.
Other Status: Enacted as Public Chapter 0280 (effective
07/01/2009).
|
SB 0181
Jackson
HB
0002
Hardaway
|
Equal and Fair Parenting Act. Creates a rebuttable presumption
that equally shared parenting is the custody arrangement in the best
interest of a child. (S: Jackson; H: Hardaway)
Senate Status: Taken off notice in Senate Judiciary
04/23/2009.
House Status: Failed in House Domestic Relations Subcommittee
04/15/2009 on a vote of three to three.
Other Status: Tennessee Judicial Council reviewed 03/26/2009 with
no comment.
|
SB 0244
Gresham
HB 0362
Dennis
|
Elimination of putative father registry. Deletes all mention of
the putative father registry throughout the code. (S: Gresham; H:
Dennis)
House Co-Sponsor: Rich
Senate Status: Taken off notice in Senate Judiciary
05/06/2009.
House Status: House Children & Family Affairs deferred to the
last calendar.
|
SB 0266
Jackson
HB
0025
Hardaway
|
Paternity testing for birth certificates. Requires paternity
testing before a father can be listed on a birth certificate. Requires
department of human services to pay the costs of the paternity tests for
parties who are financially unable to pay. Broadly captioned. (S:
Jackson; H: Hardaway)
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Health Care Facilities
Subcommittee 04/29/2009.
Other Status: Tennessee Judicial Council reviewed 03/26/2009 with
comment.
|
SB 0314
Black
HB 1225
Harwell
Public Chapter (PDF)
|
Surrender of firearms under orders of protection. Creates a Class
A misdemeanor for failure to surrender all firearms when subject to an
order of protection. Requires the administrative office of the courts to
revise the petition for such order form to specify the respondent's
requirements to surrender. Stipulates that an order of protection must
contain the following provisions: one part stating that it is a criminal
offense and a violation to own, possess, transport, carry or receive a
firearm during the time an order is in effect; and one part directing
the respondent to surrender all firearms that the respondent owns,
possesses or has control over and stating that it is a criminal offense
to fail to surrender all firearms after being ordered to do so. Provides
for the storage of weapons by law enforcement and authorizes them to
charge a fee for such storage. Also dictates the procedure for return of
the weapons. (S: Black; H: Harwell)
House Co-Sponsors:
Sontany;
Pruitt; Gilmore; Jones S.; Maggart; Richardson; Camper
Amendment: House amendment 1 makes the bill. Requires a
person against whom an order of protection has been issued to dispose of
any firearms within 48 hours through any lawful means. Revises the
order of protection form to give notice of federal requirements and
mandates an affidavit of firearm disposition be returned to the court
upon completion of disposal. Clarifies that the person may resume
possession of firearms once the order of protection is lifted. Senate
amendment 1 makes the bill. Requires a person against whom an order of
protection has been issued to dispose of any firearms within two days
through any lawful means. Revises the order of protection form to give
notice of federal requirements and mandates an affidavit of firearm
disposition be returned to the court upon completion of disposal.
Clarifies that the person may resume possession of firearms once the
order of protection is lifted. Creates a Class A misdemeanor for a
person to knowingly possess a
firearm while an order of protection is in place.
TN Judicial Council Comment: The Judicial Council noted that
the use of the word "own" may cause some confusion, as a person under
this law would not give up ownership of firearms, merely possession.
Further, the Judicial Council recognized that it would be prudent to
ascertain the thoughts of law enforcement with regard to the duties
required of them. Finally, the Judicial Council observed that there may
be procedural difficulties related to the process for petitioning for
the return of firearms, as it would require law enforcement to send
notices and without involvement of the district attorney or some special
prosecutor, the court will become a prosecutor with regard to petitions
for the return of seized weapons.
Senate Status: Senate 06/02/2009 concurred in House amendment
1.
House Status: House 05/21/2009 passed with amendment 1.
Other Status: Enacted as Public Chapter 0455 (effective
07/01/2009).
|
SB 0476
Berke
HB
0069
Fincher
Public Chapter (PDF)
|
Testifying against incompetent spouse in divorce proceeding. Prohibits
a party in a divorce proceeding from testifying against the party's
incapacitated or mentally incompetent spouse. (S: Berke; H: Fincher)
House
Co-Sponsor: Hardaway
Judicial Council comment: Judicial Council expressed no
concerns with the passage of this legislation.
Senate Status: Senate passed 05/11/2009.
House Status: House passed 04/06/2009.
Other Status: Enacted as Public Chapter 0281 (effective
05/21/2009).
|
SB 0581
Jackson
HB
0033
Hardaway
|
Notice of termination of parental rights. Requires notice be
given to a parent before the parent is considered to have willfully
failed to support or visit a child for purposes of termination of
parental rights. Requires certain additional information be in a
petition to terminate parental rights or the adoption petition. (S:
Jackson; H: Hardaway)
Amendment: House Children & Family Affairs amendment 1
makes bill. Expands grounds for termination of parental rights in
adoption when a parent fails to support or visit a child when the parent
knows of an impending adoption.
TN Judicial Council Comment: Leslie Barrett Kinkead, Court
Improvement Coordinator, Administrative Office of the Courts explained
that the Court Improvement Program (CIP) Work Group, a multidisciplinary
statewide group appointed by the Supreme Court, had reviewed this bill
originally in 2007 and again in 2009.The Judicial Council observed that
current law requires notice of the consequences of failure to support or
visit when the child is in custody of the Department of Children's
Services or other agency but does not require notice in private party
cases. Further, the council noted that the Middle Section Court of
Appeals has addressed the issue of notice in the private party cases and
determined it to be a factor in deciding whether the failure to support
or visit is willful. In addition, the council questioned whether the
intent of the bill is to delete the four (4) month period prior to the
filing of the petition or incarceration of the parent. The Court
Improvement
Work Group
may be able to offer suggestions to the sponsors of the bill.
Senate Status: Referred to Senate Judiciary.
House Status: House Children & Family Affairs deferred to
03/23/2010.
Other Status: Bill was mistakenly placed on calendar for this
meeting.
|
SB 0618
Southerland
HB 0929
Hawk
Public Chapter (PDF)
|
Credit reports required in divorce or marital dissolution. Requires
each party to divorce, legal separation, or annulment to serve a copy
of three credit reports from nationally recognized credit reporting
agencies, or a single aggregated report, on the other party. Allows such
report to be used in any hearing as permitted by TN rules of evidence.
Requires any final decree of divorce and marital dissolution agreement
to contain a notice, stating that the decree does not affect the ability
of a creditor to proceed against a party and that it may be in a
party's best interest to cancel, close or freeze any jointly held
accounts. Clarifies that failure to include such notice shall not affect
validity of decree of divorce, legal separation or annulment. (S:
Southerland; H: Hawk)
Amendment: Senate amendment 1 deletes section of bill that
requires each party to divorce, legal separation, or annulment to serve a
copy of three credit reports from nationally recognized credit
reporting agencies, or a single aggregated report, on the other party
and allowing such report to be used in any hearing as permitted by TN
rules of evidence.
Judicial Council comment: Judicial Council adopted and
released to full committee with additional remark that this legislation
imposes an onerous duty on parties to divorce litigation. In addition,
the legislation does not address how the duty applies to cases where a
party is in default, where a party is served by publication, where a
party engages in willful disobedience of the requirement and other fact
scenarios that may give rise to complications. Finally, the bill does
not clearly state what penalty or penalties may result from the failure
to comply with the requirements of the provision.
Senate Status: Senate 04/16/2009 passed with amendment 1.
House Status: House passed 04/23/2009.
Other Status: Enacted as Public Chapter 0157 (effective
01/01/2010).
|
SB 0781
Overbey
HB
0589
Coleman
Public Chapter (PDF)
|
Sentence of death or life imprisonment. Adds aggravated child
abuse, aggravated child neglect, rape of a child, and aggravated rape of
a child to list of criminal offenses that support a death sentence or
life imprisonment when committed in conjunction with first degree
murder. (S: Overbey; H: Coleman)
TN Judicial Council Comment: The Judicial Council noted that
broadening the class of offenders who will be eligible to receive
sentences of death or life without the possibility of parole will have a
significant fiscal impact on the court system due to the additional
resources which are allocated to defendants who are subject to those
serious penalties.
Senate Status: Senate passed 06/18/2009.
House Status: House passed 06/17/2009.
Other Status: Enacted as Public Chapter 0582 (effective
08/15/2009).
|
SB 0809
Overbey
HB
0325
Jones S.
Public Chapter (PDF)
|
Confidentiality of DCS records. Specifies that applications,
certificates, records, reports, legal documents and petitions made or
information received by the department of children's services that
directly or indirectly identify a child or family receiving services
from the department or that identifies the person who made a report of
child abuse or neglect are to be kept confidential and not be open for
public inspection. (S: Overbey; H: Jones S.)
Amendment: House amendment 1 clarifies that this bill will
not prohibit the disclosure of certain information regarding children
who are placed in in-patient mental health treatment programs upon a
finding of delinquency to designated school personnel who are required
to develop a transition plan for the child upon the child's discharge.
Clarifies that this bill will not prohibit disclosure of certain
information amongst school employees who are authorized to create a plan
to set out a list of goals to provide a violent juvenile offender an
opportunity to succeed in school and provide for school safety.
Senate Status: Senate 05/21/2009 concurred in House amendment
1.
House Status: House 05/14/2009 passed with amendment 1.
Other Status: Enacted as Public Chapter 0358 (effective
07/01/2009).
|
SB 0848
Black
HB
0637
Maggart
|
Divorce - documentation of marital property. Requires parties in a
divorce to file real estate disclosure, CLUE report, home inspection
report copy and termite letter, and the written results of a title
search with the court or with the mediator if the marital property
includes any real property owned by one or both parties and used as
primary residence by both parties during the marriage. Specifies that if
the property will continue to be used as the primary residence of one
of the parties, such party must provide evidence of ability to qualify
to individually refinance or obtain loan on the property that releases
the other party as a co-borrower. Makes applicable to any divorce
petition filed on or after bill's effective date and to any pending
divorce filed less than sixty days prior to such date. (S: Black; H:
Maggart)
House Co-Sponsor: Casada
Amendment: House Children & Family Affairs amendment 1
rewrites the bill. Requires both parties in a divorce proceeding to
submit a real estate disclosure form for review that is signed by both
parties. Removes the fiscal note.
Senate Status: Taken off notice in Senate Judiciary
05/06/2009.
House Status: House Children & Family Affairs deferred to
2010 after adopting amendment 1.
|
SB 0854
Black
HB
0320
Jones S.
|
De facto child custody. Allows a relative to petition the court
to be declared a de facto custodian and seek temporary custody of a
child who has lived with such relative for a period of 12 months if a
parent or parents remove or threaten to remove child from relative's
home. Specifies standards and procedures to be used by a court to
determine if a person is a de facto custodian and to determine whether a
de facto custodian should be awarded permanent custody or joint custody
of a child. (S: Black; H: Jones S.)
TN Judicial Council Comment: The Judicial Council noted that
the standard set out for changing custody in the bill is the same as
the standard adopted by the Supreme Court. The council expressed
concerns about whether there may be a constitutional issue with the bill
since it provides a third party with status substantially equal rights
as to a parent. It also questioned whether the "de facto custodian"
status is used in other states and if there would be any impact to
someone who had been granted this status and moved to another state.
Finally, the council noted that legal guardianships and permanent
guardianships are not addressed in this legislation.
Senate Status: Taken off notice in Senate Judiciary
03/25/2009.
House Status: Referred to House Family Justice Subcommittee.
Other Status: Tennessee Judicial Council reviewed 03/19/2009 with
comment.
|
SB 1096
Stanley
HB
0877
Hensley
|
No child support for equal parenting time. Prohibits a court from
ordering either parent, regardless of income, to pay child support to
the other parent if both parents have been awarded and are going to be
exercising a substantially equal amount of parenting time with the child
or children of the marriage according to joint custody arrangement.
Allows either parent to be ordered to acquire health insurance for or to
designate as beneficiary of life insurance policy such child or
children. Allows either parent to claim the child or children as
dependent for tax deduction purposes. (S: Stanley; H: Hensley)
Senate Status: Taken off notice in Senate Judiciary
05/06/2009.
House Status: Taken off notice in House Family Justice
Subcommittee 04/28/2009.
|
SB 1111
Overbey
HB
1207
Montgomery
|
Disabled parents - money allocated to child support. Requires the
court to subtract from the obligor's financial child support
responsibility any amount the child receives as a result of the
obligor's disability when calculating amounts of child support.
Specifies that these payments include but are not limited to
supplemental security income payments, state supplemental payments, and
social security disability insurance payments. Clarifies that a maximum
of four percent can be taken from the disabled obligor's social security
insurance payments. (S: Overbey; H: Montgomery)
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Family Justice
Subcommittee 04/07/2009.
|
SB 1252
Bunch
HB
1133
Hardaway
|
Changing of custodial arrangements in child custody. Prohibits an
order of protection of restraining order against a custodial parent by
the noncustodial parent from constituting grounds for altering the
custodial agreement unless the court finds the child is the victim of
child abuse or the effects of domestic violence. (S: Bunch; H: Hardaway)
Senate Status: Referred to Senate Judiciary.
House Status: House Domestic Relations Subcommittee deferred to
03/23/2010.
|
SB 1253
Bunch
HB
0806
Campfield
|
Court costs awarded to man who is not a child's father. Allows a
person subsequently found not to be the father of a child or children to
recover all child support payments paid for such child or children from
the mother or actual biological father of the child or children.
Specifies that such person who is successful in such action to recover
child support payment shall also be awarded court costs and reasonable
attorney's fees. (S: Bunch; H: Campfield)
Amendment: House amendment 1 rewrites the bill. Allows a
person subsequently found not to be the father of a child or children to
recover all child support payments paid for such child or children from
the actual biological father of the child or children. Specifies that
such person who is successful in such action shall also be awarded court
costs and reasonable attorney's fees. Adds that a biological father
shall not be liable to pay a child's custodian any sums another man is
legally obligated to pay. House amendment 1 to 1 grants a person who is
found not to be the biological father of a child the right to recover
all payments of child support, as well as court costs and attorney's
fees, from the actual biological father of the child. Prohibits a
biological father from being held liable to pay a child's custodian any
sums another man is legally obligated to pay.
Senate Status: Senate Judiciary deferred to 05/20/2009.
House Status: House Judiciary Committee deferred 05/19/2009 to
summer study.
|
SB 1254
Bunch
HB
1134
Hardaway
|
Divorce - peremptory challenge against assigned judge. Allows a
defendant appearing and answering in court in a divorce case to
challenge judge hearing the case without assigning cause as a peremptory
challenge in the same way a party to a civil action may challenge four
jurors without assigning cause. Broadly captioned. (S: Bunch; H:
Hardaway)
Judicial Council comment: Judicial Council adopted and
released to full committee with additional remark that this legislation
would create significant issues in some judicial districts. One judicial
district has one judge who serves both circuit and chancery courts,
while another judicial district has only two judges. The legislation
does not treat parties equally, only providing a peremptory challenge to
a defendant in a divorce action. The legislation does not address when
during a case the challenge may be made. Further, the judicial council
observed that in some instances, the presiding judge making the
assignment of the case may be the judge who was stricken by peremptory
challenge. In addition, the council expressed concern that the term
"judge hearing the case" may require additional definition, as its
application to referees or judges who may be designated to hear only
certain stages of cases is unclear. Members of the council observed that
this legislation could
set an
undesirable precedent, as other areas of the law do not permit the
striking of a judge from hearing the case without cause. This
legislation could open the door to judges who are perceived as being
tough being routinely removed from cases. Finally, the council expressed
concern that this legislation could have a significant impact on county
governments, as some general sessions courts have domestic relations
jurisdiction, and some of those counties with such jurisdiction may only
have one general sessions judge. Therefore, the county would bear the
expense of bringing another designated judge in to hear any matter from
which the general sessions judge was stricken by peremptory challenge.
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Family Justice
Subcommittee 03/16/2010.
Other Status: Tennessee Judicial Council reviewed 04/02/2009 with
comment.
|
SB 1255
Bunch
HB
0803
Campfield
|
Fees over $500 - child support payments. Requires that any fees
more than $500 collected for child support payments must be paid by the
obligor parent and by the recipient of such child support payments. (S:
Bunch; H: Campfield)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Family Justice Subcommittee.
|
SB 1256
Bunch
HB
1135
Hardaway
|
Court costs and dismissed petitions for order of protection. Requires
judge to assess court costs and litigation taxes at the hearing of a
petition for order of protection or upon its dismissal. Requires that
petitioner pay all of respondent's court costs and attorney fees if the
petition is dismissed. Specifies that petitioner will not be required to
pay any fees upon filing of such petition. Broadly captioned. (S:
Bunch; H: Hardaway)
Judicial Council comment: Judicial Council adopted and
released to full committee with additional remark that this legislation
addresses a current error in the law which requires that no petitioner
may be assessed court costs in order of protection matters. However, the
language of this legislation requires that where a petition for order
of protection is dismissed for any reason, the petitioner is assessed
the respondent's court costs and attorney's fees. This language removes
judicial discretion with regard to the taxing of costs. In addition, the
council observed that the language, as written, may have a chilling
effect on legitimate victims of domestic violence who may not seek a
petition for an order of protection who may fear being assessed the
attorney's fees and costs of seeking such an order more than being
subject to domestic violence.
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Civil Practice
Subcommittee 04/28/2009.
Other Status: Tennessee Judicial Council reviewed 04/02/2009 with
comment.
|
SB 1257
Bunch
HB
0802
Campfield
|
Presumption shared custody is in best interest of child. Creates
rebuttable presumption that equally shared parenting is in the child's
best interest. Current law renders the court the widest discretion to
order a custody arrangement in the child's best interest, with neither
an established preference nor presumption. (S: Bunch; H: Campfield)
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Domestic Relations
Subcommittee 03/25/2009.
|
SB 1263
Bunch
HB
0805
Campfield
|
Negative paternity tests and child support. Authorizes a
non-biological parent, based on genetic testing, to petition a court at
any time to disestablish parentage of such person's legal child, thereby
not liable for child support. (S: Bunch; H: Campfield)
Senate Status: Failed in Senate Judiciary 05/27/2009.
House Status: House passed 04/23/2009.
|
SB 1264
Bunch
HB
1130
Hardaway
|
Contempt charge for false accusations of sexual abuse. Requires
trial court, relative to divorce and annulment proceedings, to hold in
criminal contempt of court any person who knowingly makes false
accusation of sexual abuse in furtherance of litigation. Requires the
court to order the false accuser to pay other party's litigation costs
for defense against such false allegations. Broadly captioned. (S:
Bunch; H: Hardaway)
Amendment: House Judiciary Committee amendment 1 changes the
enactment date to July 1, 2010, and gives courts discretion in
punishing such conduct, including civil or criminal contempt in addition
to other charges.
Judicial Council comment: Judicial Council adopted and
released to full committee with additional remark that the language is
unclear as to the process for finding a person in contempt upon a
finding that one makes a "knowing" false accusation of sexual abuse in
furtherance of litigation. The language appears to require a finding of
contempt, which circumvents due process considerations that require
specific notice, a separate hearing, the potentially appointed counsel.
Further, there may be ethical considerations associated with assessing
court costs or finding of contempt where the person making an accusation
may be a child. Finally, the definition of sexual abuse that is
applicable to this provision is unclear, which may make actions that do
not constitute sexual abuse under criminal statute definitions subject
to criminal contempt under the provision of the proposed legislation.
Senate Status: Referred to Senate Judiciary.
House Status: House Judiciary 03/16/2010 recommended with
amendment 1, which changes the enactment date to July 1, 2010, and gives
courts discretion in punishing such conduct, including civil or
criminal contempt in addition to other charges. Sent to House Calendar
& Rules.
Other Status: Tennessee Judicial Council reviewed 04/02/2009 with
comment.
|
SB 1265
Bunch
HB
1131
Hardaway
|
Visitation agreements - petition for expedited hearing. Allows
either party to a visitation agreement to file a petition for an
expedited hearing pursuant to provisions governing expedited hearings
for support. Reduces to three months from six months the period within
which a parent who has intentionally interfered on more than two
occasions with a court-ordered visitation schedule will be considered
not in compliance. (S: Bunch; H: Hardaway)
Senate Status: Referred to Senate Judiciary.
House Status: House Domestic Relations Subcommittee deferred to
03/23/2010.
|
SB 1266
Bunch
HB
1132
Hardaway
|
Selecting provider of supervision services. Specifies that if the
court orders supervised child visitation, the parent or guardian who
pays for providing supervision, has the right to select the provider of
supervision services. (S: Bunch; H: Hardaway)
Senate Status: Referred to Senate Judiciary.
House Status: House Domestic Relations Subcommittee deferred to
03/23/2010.
|
SB 1267
Bunch
HB
0804
Campfield
Public Chapter (PDF)
|
Transfer of visitation rights for people in armed forces. Allows
parents called to active military service that requires them to be out
of state for more than 90 days to petition the court to modify the order
for the temporary assignment of that parent's visitation rights to
another person approved by the court. (S: Bunch; H: Campfield)
Amendment: Senate amendment 1 replaces the requirement that a
petitioner must attach affidavits from the relatives to whom the
petitioner desires to assign the petitioner's visitation while the
petitioner is on out-of-state active duty military service with a
requirement that the petitioner be joined in the petition by such
relatives. Specifies that the proposed visitation schedule that is
included with the petition must not exceed the visitation schedule
granted to the parent at the time of the petition. Authorizes courts to
grant the petition for assignment only when the court finds that
visitation on such terms as the court deems appropriate would be in the
best interest of the child. House amendment 1 requires that the person
to whom the parent's visitation rights are being assigned be a relative
of the parent. Clarifies that such order shall terminate immediately
upon the termination of the petitioner's term of "out of state" active
duty military service.
Judicial Council comment: Judicial Council adopted and
released to full committee with additional remark that it has no
concerns with the passage of this legislation.
Senate Status: Senate 06/09/2009 passed with amendment 1.
House Status: House 06/09/2009 concurred in Senate amendment 1.
Other Status: Enacted as Public Chapter 0442 (effective
07/01/2009).
|
SB 1534
Burchett
HB 1258
Tindell
|
Tennessee Second Look Commission. Creates the Tennessee second
look commission to ascertain errors, develop solutions, and identify
procedures in the following types of court cases: juvenile court cases
in which DCS filed a petition alleging a child is dependent, neglected,
and has been subjected to sexual abuse; and criminal or juvenile cases
involving sexual abuse. Authorizes the commission to promulgate
regulations, request information from other departments, and hold
hearings. Requires the commission to report to various committees in the
general assembly and the governor regarding the development of protocol
by February 1, 2010. Specifies the commission will be chaired by the
commissioner of the department of children's services and the director
of the administrative office of the courts, or either of their
designees. (S: Burchett; H: Tindell)
Senate Co-Sponsor: Finney
L.
House Co-Sponsor: Montgomery
Amendment: House Judiciary amendment 1 makes the bill.
Creates the Tennessee Second Look Commission to review cases and
procedures related to child sexual abuse. Attaches the commission to the
AOC and requires the it to review cases from the initial report of
alleged abuse to a finding or criminal conviction of abuse. Requires the
commission to meet at least quarterly with the first taking place no
later than October 1, 2009. Provides that the executive director of
Tennessee's chapter on Children's Advocacy Center's will be reimbursed
for travel and per diem expenses but the 15 non-legislative members will
not. Requires the commission to submit a report regarding the
development of protocol for the collection of data by February 10, 2010
and a report regarding its findings and recommendations no later than
January 1, 2011, and each January thereafter to the following: the
governor, the Senate and House Judiciary Committees, the Senate General
Welfare, Health and Human
Resources Committee, the House Children and Family Affairs Committee,
and the Select Committee on Children and Youth. House Judiciary
amendment 2 adds the director of the select committee on children and
youth to the list of members of the TN Second Look Commission.
Senate Status: Taken off notice in Senate Finance, Ways &
Means 06/18/2009.
House Status: House Finance Budget Subcommittee 06/10/2009
referred to House Judiciary for inclusion on its summer study calendar.
Other Status: TN Judicial Council reviewed 03/19/2009 with
comment.
|
SB 1618
Beavers
HB 1803
West
|
Domestic violence involving a law enforcement officer. Requires a
court to conduct a needs-based hearing for any criminal offense
involving domestic abuse in which the alleged abuser is a law
enforcement officer or the holder of a valid hunting and fishing license
or permit to determine if any weapons seized pursuant to subsection
must be returned prior to the disposition of a case. (S: Beavers; H:
West)
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Family Justice
Subcommittee 03/09/2010.
|
SB 1661
Burks
HB 1586
Curtiss
|
Tennessee Women Support Act. Enacts Tennessee Pregnant Women
Support Act to provide programs that reduce the need for abortion, help
women bear healthy children, and support new parents. Directs the
department of health to apply for federal grants to be used to collect
data regarding the number of abortions performed in this state, the
characteristics of those seeking abortions, and their reasons for
choosing abortion. Further directs the department to develop and
distribute a pamphlet to physicians providing options or alternatives to
abortion in this state. Requires physicians to provide such pamphlet to
all pregnant women they treat, or those who inquire about abortion.
Also establishes a toll-free hotline for pregnant women needing
information or resources. Creates a fund to be administered by the
department of health to support the goals of this act. Funding shall be
from gifts, donations, bequests and grants and shall be nonreverting.
(S: Burks; H: Curtiss)
Senate Status: Referred to Senate Judiciary.
House Status: House Public Health & Family Assistance
Subcommittee deferred to year 2010.
|
SB 1662
Finney L.
HB 0322
Jones S.
|
Parental alienation of affections. Abolishes the common law tort
of parental alienation. Prohibits claim of parental alienation by the
parent who has been found to be the perpetrator of child abuse or child
sexual abuse from being a factor to consider in child custody
determinations. Specifies that evidence of parental alienation syndrome
should not be considered a relevant factor considered by the court when
determining custody of child. (S: Finney L.; H: Jones S.)
House
Co-Sponsors: Sontany; Richardson; Pruitt; Brown; Favors
Judicial Council comment: Judicial Council adopted and
released to full committee with additional remark that the legislation
would eliminate a common law tort, parental alienation of affection,
that members of the commission were uncertain existed. Further, the
council noted that current law requires the courts to consider the
parents' willingness and ability of each of the parents and caregivers
to facilitate and encourage a close and continuing parent-child
relationship between the child and both of the child's parents as a
factor in custody determination. The bill, though defining "parental
alienation" and "parental alienation syndrome" separately, may use
"parental alienation" in places where "parental alienation syndrome" is
intended, creating confusion.
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Domestic Relations
Subcommittee 04/22/2009.
Other Status: Tennessee Judicial Council reviewed 03/26/2009 with
comment.
|
SB 1669
Finney L.
HB 1200
Pitts
|
Jurisdiction - child abuse and neglect cases. Transfers
jurisdiction over criminal proceedings involving the prosecution of
child abuse and neglect cases and the prosecution of the failure to
report such cases from juvenile court to a court of general sessions or
circuit or criminal court. (S: Finney L.; H: Pitts)
Judicial Council comment: Judicial Council adopted and
released to full committee with additional remark that the existing
statutes provide for concurrent jurisdiction, and observed that the
purpose of this legislation is unclear. The Council is unaware of an
existing problem which would necessitate the elimination of juvenile
court jurisdiction in these cases, especially since the majority of
general sessions courts have juvenile jurisdiction.
Senate Status: Senate Judiciary deferred to 04/15/2009.
House Status: Taken off notice in House Civil Practice
Subcommittee 04/28/2009.
Other Status: Tennessee Judicial Council reviewed 03/26/2009 with
comment.
|
SB 1709
Herron
HB 2106
Fincher
|
Tennessee Pregnant Women Support Act. Authorizes the department
of health to apply for federal grants to fund the collection of data
regarding the number of abortions performed in this state, the
characteristics of those seeking abortions, the reasons why women choose
abortion, or any other information applicable to supporting pregnant
women in this state who may be seeking an abortion. Requires the
department of health to create a hotline as well as pamphlets for
doctors' offices to provide interested women with information about
public and private health care services available to women during and
after the birth of a child. (S: Herron; H: Fincher)
Senate Status: Senate Judiciary deferred to 04/21/2009.
House Status: Taken off notice in House Public Health &
Family Assistance Subcommittee 03/24/2009.
|
SB 1721
Bunch
HB
0027
Hardaway
|
Penalty for false reporting of abuse. Increases from Class E to
Class D felony the penalty for knowingly making a false report of child
abuse if at the time of the report the defendant is a party in a custody
determination, if the custody determination involves the person against
whom the report is made, or the report is made for the purpose of delay
or to gain advantage in custody determination. (S: Bunch; H: Hardaway)
Amendment: House Judiciary amendment 1 increases the penalty
for knowingly making a false report of child abuse or neglect from a
Class E to a Class D felony if the person making the false report is a
party to a custody or visitation determination and the person against
whom the complaint is made is involved in the determination. Deletes
from the false reporting offense the provisions that the person has no
information relating to the report or the information relating to the
report is false.
Senate Status: Senate Judiciary deferred to 05/19/2009.
House Status: House Budget Subcommittee 06/15/2009 deferred to
next calendar.
|
SB 1722
Bunch
HB
0005
Hardaway
|
Date for termination of current child support obligation. Requires
the court to set a specific amount of support that is due each month
and can be paid in one or more payments. Specifies that the court must
establish a presumptive date for termination of the current child
support obligation except fees accrued for late payments, genetic
testing, or court fees. Stipulates presumptive termination date is the
child's eighteenth birthday or the date such child graduates from high
school, whichever is later. Provides method by which the date may be
challenged up to six months from the presumptive termination date.
Clarifies any fees incurred due to delinquent payments are the
responsibility of the person legally obligated to pay support and must
be remitted within six months. (S: Bunch; H: Hardaway)
Amendment: House Children & Family Affairs amendment 1
rewrites the bill. Requires the court to set a specific amount of
support that is due each month and can be paid in one or more payments.
Specifies that the court may establish and include in the child support
order a presumptive date for termination of the current child support
obligation, provided that the termination date does not end obligation
to pay arrears, medical support or other due fees, to support a disabled
child as specified in law, or to comply with a court order requiring
support for a child through college. Requires the presumptive date to be
the 18th birthday of the youngest child included in the order or the
date such child graduates from high school, whichever is later.
Specifies that the presumptive date may be modified under changed
circumstances and sets forth such process (Removes 6-month time frame in
original bill). Specifies that unless the court orders other means, if
an arrearage for child
support, genetic testing fees or court costs exists at the time an order
would presumptively terminate, any then existing arrangement shall
continue until all such costs are satisfied.
Senate Status: Taken off notice in Senate Judiciary
05/27/2009.
House Status: House Children & Family Affairs deferred to
03/23/2010.
|
SB 1769
Herron
HB
1105
DeBerry J.
Public Chapter (PDF)
|
Parent entitled to representation - termination of rights. Clarifies
that a parent is entitled to legal representation at all stages of
proceedings involving abuse, dependency or neglect and termination of
parental rights. (S: Herron; H: DeBerry J.)
Amendment: Senate amendment 1 rewrites the bill. Entitles
adults to legal representation at all stages of proceedings involving
child abuse, delinquency, dependency, neglect, violation of compulsory
school attendance, and criminal contempt. Entitles parents to legal
representation at all stages of proceedings involving abuse, dependency
and neglect as well as termination of parental rights. House amendment 1
adds "pursuant to Tennessee Code Annotated, Section 37-1-02" after
"Abuse, dependency or neglect". Also adds "pursuant to Tennessee Code
Annotated, Section 36-1-113" after "Termination of parental rights".
Senate Status: Senate 05/14/2009 passed with amendment 1.
House Status: House 06/01/2009 concurred in Senate amendment 1.
Other Status: Enacted as Public Chapter 0417 (effective
06/11/2009).
|
SB 1796
Herron
HB 2203
Maddox
|
Unborn Child Protection Act. Enacts the "Unborn Child Protection
Act." Requires any social worker who knows or has reasonable grounds to
believe that an expectant mother is using methamphetamine and the
expectant mother fails or refuses to comply with any voluntary medical
examination, monitoring and treatment to petition the general sessions
court in the county in which the expectant mother resides for an order
requiring the expectant mother to cooperate with all intervention
efforts to prevent harm to her unborn child. (S: Herron; H: Maddox)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Civil Practice
Subcommittee.
|
SB 2136
Black
HB
2159
Hensley
|
Embryo Donation and Adoption Act of 2009. Specifies that if an
embryo is donated by its genetic parents or by its owners or by a clinic
with the legal authority to relinquish its ownership to a woman and her
husband, then a child born as the result of the implantation of that
embryo is presumed to be the adopted child of such woman and husband.
Requires that a written contract be executed transferring ownership of
parental rights of the embryo prior to thawing and transfer of the
embryo. States that any provision in such contract that requires
visitation by the genetic parent or otherwise places any conditions on
the embryo adoption is to be void and of no effect whatsoever. Clarifies
that nothing under this part is to be construed to prohibit open embryo
adoption. Permits the adopting parents to file an adoption petition
seeking a final order of adoption, but clarifies that the final order of
adoption is not required. (S: Black; H: Hensley)
Senate Status: Taken off notice in Senate Judiciary
04/01/2009.
House Status: Taken off notice in House Family Justice
Subcommittee 04/07/2009.
|
SB 2152
Marrero
HB 2183
Rowland
|
Removes guardian ad litem from divorce proceedings. Removes
guardians ad litem from divorce and parenting plan proceedings. Broadly
captioned. (S: Marrero; H: Rowland)
Senate Status: Referred to Senate Judiciary.
House Status: Caption bill held on House clerk's desk.
|
SB 2213
Ford O.
HB
0677
Cooper B.
|
Avin and Preston Law - court-ordered supervised visitation. Requires
the court, in all cases of court-ordered supervised visitation, to
demonstrate that unsupervised visits could do irreparable harm to the
child. Prohibits a parent from being suspended from visitation due to
inability to pay for a specified visit. Sets forth payment guidelines
for such supervisor. Sets maximum cost for a necessary facility for such
visitation at $40/hour. (S: Ford O.; H: Cooper B.)
House
Co-Sponsors: DeBerry J.; Jones U.; Turner M.; Hardaway; Pruitt
Amendment: House Children & Family Affairs amendment 1
corrects a minor technical flaw by adding the word "interests" when
referring to the best interests of a child.
Senate Status: Senate Judiciary deferred to 05/12/2009.
House Status: Taken off notice in House Children & Family
Affairs 03/02/2010.
|
SB 2568
Marrero
HB
2658
Favors
|
Child custody determination for parent with an addiction. Specifies
that when a court is determining the best interest of a child for
purposes of custody, visitation, or a residential schedule of a child,
the court is to consider whether a parent has a diagnosable addiction
unlikely to change within a reasonable time that would make the parent
or caregiver unable to provide acceptable care for the child. (S:
Marrero; H: Favors)
Judicial Council comment: The Judicial Council commented
that some of the terms used in this legislation are not terms of legal
art. Therefore, an additional section that defines terms such as
"diagnosable," "addiction," and "acceptable care" used in the
legislation would provide guidance to the courts on issues to be
considered. The new language is proposed to be inserted into sections of
the law that already requires the consideration of the mental and
physical health of the parent as a part of determining the fitness of a
parent. In addition, as written, the legislation may result in a
requirement to hear expert testimony in order to make decisions
concerning the existence of an on addiction and its effect on a parent's
ability to provide acceptable care, which could affect judicial
administration and prolong custody litigation. Inclusion of a defined
objective standard would benefit the judicial administration on matters
involving addiction consideration.
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Family Justice
Subcommittee 03/16/2010.
Other Status: Tennessee Judicial Council reviewed 03/04/2010 with
comment.
|
SB 2584
Black
HB
2627
DeBerry J.
|
Child custody placement: preponderance of the evidence. Specifies
that the court's child custody placement recommendation must be based
on a preponderance of the evidence. (S: Black; H: DeBerry J.)
Senate
Co-Sponsor: Ford O.
Senate Status: Senate passed 02/22/2010.
House Status: House Domestic Relations Subcommittee 03/16/2010
recommended. Referred to House Children & Family Affairs.
|
SB 2585
Black
HB
2628
DeBerry J.
|
Award of child guardianship: court's required findings. Establishes
that a court must find that the department of children's services or
licensed child-placing agency has made reasonable efforts to place a
child for adoption and the child's best interests are satisfied before
awarding guardianship to a permanent guardian. (S: Black; H: DeBerry J.)
Senate Status: Senate passed 02/22/2010.
House Status: House Domestic Relations Subcommittee 03/16/2010
recommended. Referred to House Children & Family Affairs.
|
SB 2586
Black
HB
2629
DeBerry J.
|
Definition of dependent and neglected child. Changes the
definition of "dependent and neglected child" to include a child whose
parent willfully fails to ensure that the child is enrolled in and
attending school rather than a child who is unlawfully kept out of
school. (S: Black; H: DeBerry J.)
Senate Status: Senate Judiciary deferred to 02/16/2010.
House Status: Referred to House Family Justice Subcommittee.
|
SB 2701
Burchett
HB 2765
Tindell
|
Tennessee Second Look Commission. Creates the "Tennessee Second
Look Commission." The commission shall review an appropriate sampling of
cases involving a second or subsequent incident of severe child abuse
in order to provide recommendations and findings to the general assembly
regarding whether or not severe child abuse cases are handled in a
manner that provides adequate protection to the children of this state.
Specifies that the commission shall report its findings to the general
assembly by January 1, 2011 and annually thereafter. (12 pp.) (S:
Burchett; H: Tindell)
Senate Co-Sponsor: Ketron
House
Co-Sponsors: Armstrong; Harwell; Montgomery; Fincher
Amendment: House Government Operations Committee amendment 1
requires members of the commission to serve on the commission as long
as they hold the positions. House Government Operations Committee
amendment 2 terminates the TN Second Look Commission on June 30, 2012.
House Government Operations Committee amendment 3 requires the
commission to adopt and implement a policy related to conflicts of
interest. House Government Operations Committee amendment 4 requires one
officer to be from a county with a population of more than 250,000
according to 2000 federal census (counties with such population include:
Davidson, Hamilton, Knox, or Shelby) and one officer from a county with
a population of less than 250,000 according to such census. Senate
Government Operations Committee amendment 1, House Judiciary amendment 1
rewrites the bill; provides additional member appointment requirements;
establishes rules dealing with vacant members; establishes new duties
for the Tennessee
Commission on Children and Youth; establishes new meeting and procedural
requirements; establishes additional duties for certain government
branches related to the commission; and allows the commission to
investigate certain confidential information. Senate Government
Operations Committee amendment 2 restricts the executive director of
Tennessee's chapter of children's advocacy center's or the director's
designee and the two individuals with experience as advocates for
children from the non-profit sector to serving no more than two terms,
including any partial term.
Senate Status: Senate Government Operations 03/17/2010
recommended with amendments 1 and 2. Senate Government Operations
Committee amendment 1 rewrites the bill; provides additional member
appointment requirements; establishes rules dealing with vacant members;
establishes new duties for the Tennessee Commission on Children and
Youth; establishes new meeting and procedural requirements; establishes
additional duties for certain government branches related to the
commission; and allows the commission to investigate certain
confidential information. Senate Government Operations Committee
amendment 2 restricts the executive director of Tennessee's chapter of
children's advocacy center's or the director's designee and the two
individuals with experience as advocates for children from the
non-profit sector to serving no more than two terms, including any
partial term.
House Status: House Budget Subcommittee deferred to last
calendar.
|
SB 2708
Crowe
HB 2780
Hill
|
Order of protection - 12 hour protective period. Requires persons
served with an order of protection to stay away for 12 hours from
person requesting such order. (S: Crowe; H: Hill)
Senate
Co-Sponsor: Ketron
Senate Status: Referred to Senate Judiciary.
House Status: House Judiciary Criminal Practice Subcommittee
deferred to 03/24/2010.
|
SB 2709
Crowe
HB 2781
Hill
|
Mandatory counseling for domestic violence perpetrators. Requires
persons convicted of domestic assault to attend counseling for the
duration of their sentence for such offense. (S: Crowe; H: Hill)
Senate
Co-Sponsor: Ketron
Senate Status: Referred to Senate Judiciary.
House Status: House Judiciary Criminal Practice Subcommittee
deferred to 03/24/2010.
|
SB 2710
Crowe
HB 2782
Hill
|
Time allotted for ex parte orders of protection. Extends the time
of ex parte orders of protection from 15 to 28 days. (S: Crowe; H:
Hill)
Senate Co-Sponsor: Ketron
Senate Status: Referred to Senate Judiciary.
House Status: House Judiciary Criminal Practice Subcommittee
deferred to 03/24/2010.
|
SB 2750
Kelsey
HB
2698
Dennis
|
Modifying existing residential schedules in parenting plan. Restricts
the modification of an existing residential schedule in a permanent
parenting plan prior to a final hearing unless the parents agree to the
modification or the court determines that such modification is in the
best interest of the child. (S: Kelsey; H: Dennis)
Amendment: House amendment 2 clarifies that an existing
residential schedule in a permanent parenting plan may be modified prior
to a final hearing if the court finds that, absent the temporary
modification, the child "will be subject to a likelihood of substantial
harm," instead of "will be neglected, dependent, or abused. Specifies
that the expedited hearing must be held within 15 days of the entry of
the temporary modification order.
Senate Status: Senate Judiciary deferred to 03/23/2010.
House Status: House 03/11/2010 passed with amendment 2.
|
SB 2818
Faulk
HB 3647
Stewart M.
|
Uniform Interstate Family Support Act - foreign countries. Amends
the Uniform Interstate Family Support Act to include support orders
issued by a foreign country, recognizing the Convention on the
International Recovery of Child Support and Other forms of Family
Maintenance. Includes in definition of "support order": judgment,
decree, order, decision, or directive, whether temporary, final, or
subject to modification, issued in a state or foreign country for the
benefit of a child, a spouse, or a former spouse, which provides for
monetary support, health care, arrearages, retroactive support, or
reimbursement for financial assistance provided to an individual obligee
in place of child support. Specifies that the term may include related
costs and fees, interest, income withholding, automatic adjustment,
reasonable attorney's fees, and other relief. Clarifies that the
department of human services is the support enforcement agency of TN (52
pp.). (S: Faulk; H: Stewart M.)
Senate Status: Senate Judiciary deferred to 03/16/2010.
House Status: House Domestic Relations Subcommittee deferred to
03/23/2010.
|
SB 2832
Berke
HB
2778
Hackworth
|
Family members intervention when adult abused or neglected. Establishes
that family members may obtain court orders to intervene when a
relative adult is being intentionally abused, neglected, or exploited.
Allows the court to grant the motion and order a number of certain
actions, including an order of protection. Authorizes an order of
protection violation to be a Class A misdemeanor. (S: Berke; H:
Hackworth)
House Co-Sponsors: Maggart; Bass; Hawk; Shepard;
Fincher; Stewart M.; Hardaway; Brooks, Kevin; Weaver; Montgomery;
Swafford; Towns; Halford; Hensley; Lundberg; Shipley; Yokley; Favors;
Brown; Dean; Ferguson; Cobb T.; Casada; Gilmore; McCormick; Ford D.;
Johnson P.; Brooks, Harry; Cooper B.; White M.; Coley; Moore; Lollar;
Sontany; Bone; Coleman; Evans; Carr; Barker; Williams K.; DeBerry L.;
Fitzhugh; Richardson; McManus; Sargent; Eldridge; Fraley; Naifeh; Turner
J.; Jones U.; Turner M.
Amendment: House amendment 1 excludes persons with mental
retardation in custody of intermediate care facilities and persons
receiving services from a provider of the Division of Intellectual
Disability Services.
Senate Status: Referred to Senate Judiciary.
House Status: House 02/22/2010 passed with amendment 1.
|
SB 2999
Barnes
HB 3425
Litz
|
Adoption - ad for unknown father. Rescinds the requirement to run
an advertisement or publication in order to seek out a biological
father when there is no legal father when the adoption petition is
filed. (S: Barnes; H: Litz)
House Co-Sponsor: Hackworth
Senate Status: Senate passed 03/15/2010.
House Status: House Family Justice Subcommittee deferred to
03/23/2010.
|
SB 3001
Barnes
HB 3423
Litz
|
Establishing of paternity. Prohibits a man from being a legal
parent based solely on blood and DNA testing, but such testing may be a
basis for a court of competent jurisdiction to establish paternity. (S:
Barnes; H: Litz)
House Co-Sponsor: Hackworth
Judicial Council comment: The Judicial Council observed that
this bill states the current law relating to the establishment of
paternity.
Senate Status: Senate Judiciary deferred to 03/23/2010.
House Status: House Domestic Relations Subcommittee deferred to
03/23/2010.
Other Status: Tennessee Judicial Council reviewed 03/04/2010 with
comment.
|
SB 3002
Berke
HB 3427
Hackworth
|
Parent's legal and moral obligation to support child. Establishes
that parents have a presumed legal and moral obligation to support
their children. (S: Berke; H: Hackworth)
Senate Co-Sponsor:
Barnes
House Co-Sponsor: Litz
Judicial Council Comment: The Judicial Council observed that
this legislation may negate "willful" from the failure to support
requirement that may serve as a grounds for termination of parental
rights under current law, by imputing knowledge of the obligation to
support on all parents. With regard to termination of parental rights
cases, the constitutional right to parent is only able to be terminated
upon clear and convincing proof and cannot be precluded by statute. The
council noted that there is no legal obligation to provide support to a
child where no paternity determination has been made. Similarly, no
specific obligation to provide support exists where a court has not set
an amount of child support to be paid. In all other cases, current case
law states that there is an obligation to support a child, as does
criminal statutory law. Finally, the judiciary would have difficulty in
making a determination as to the meaning of a "moral obligation."
Senate Status: Senate Judiciary 03/16/2010 recommended. Sent
to Calendar Committee.
House Status: House Domestic Relations Subcommittee deferred to
03/23/2010.
Other Status: Tennessee Judicial Council reviewed 02/18/2010 with
comment.
|
SB 3003
Berke
HB 3428
Hackworth
|
Administrative fee - termination of parental rights. Charges a
$50 administrative fee to defendants in a termination of parental rights
case that are provided court-appointed counsel. Specifies that failure
to pay will not result in loss of counsel but may be included as
evidence of a lack of financial responsibility in such cases. (S: Berke;
H: Hackworth)
Senate Co-Sponsor: Barnes
House
Co-Sponsor: Litz
Senate Status: Senate Judiciary deferred to 03/23/2010.
House Status: House Civil Practice Subcommittee 03/17/2010
recommended with amendment. Sent to House Judiciary.
|
SB 3004
Berke
HB 3426
Hackworth
|
Spouse of relative is legal relative. Adds the spouse of any
legal relative to the definition of "legal relative" and "related" with
regards to adoption. (S: Berke; H: Hackworth)
Senate Co-Sponsor:
Barnes
House Co-Sponsor: Litz
Senate Status: Senate Judiciary deferred to 03/23/2010.
House Status: House Domestic Relations Subcommittee 03/16/2010
recommended. Referred to House Children & Family Affairs.
|
SB 3036
Faulk
HB
2700
Dennis
|
Visitation from grandparents. Creates a rebuttable presumption of
substantial harm to a child if the child is not granted visitation with
a grandparent who is the parent of the child's deceased parent. (S:
Faulk; H: Dennis)
Senate Status: Senate Judiciary deferred to 03/23/2010.
House Status: House Domestic Relations Subcommittee 03/16/2010
recommended. Referred to House Children & Family Affairs.
|
SB 3065
Woodson
HB
2995
DeBerry J.
|
Uniform Child Abduction Prevention Act. Enacts the "Uniform Child
Abduction Prevention Act." Authorizes a court on its own motion, or by
petition of a party to the proceedings, to order abduction prevention
measures, including taking temporary custody of the child, in a
child-custody proceeding if the court finds that the evidence
establishes a credible risk of abduction of the child. Establishes
certain factors to be considered to be examined in determining whether
there is a credible risk of abduction. (S: Woodson; H: DeBerry J.)
Senate
Co-Sponsor: Ketron
Senate Status: Referred to Senate Judiciary.
House Status: House Domestic Relations Subcommittee 03/16/2010
recommended. Referred to House Children & Family Affairs.
|
SB 3148
Black
HB
3116
Jones S.
|
Child left in care of a relative caregiver. Expands the reasons
for which a child shall not be subject to dependent and neglected child
proceedings to include a child left in the care of a relative caregiver
for 18 months due to a parent signing over a power of attorney for any
reason. (S: Black; H: Jones S.)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Family Justice Subcommittee.
|
SB 3237
Tate
HB
2499
Hardaway
|
Notification from parent of intent to relocate. Requires a parent
desiring to relocate more than 100 miles outside of the state or from
the other parent to notify the other parent of the move no later than 90
days, instead of the previous 60 days required before the move. (S:
Tate; H: Hardaway)
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Family Justice
Subcommittee 03/16/2010.
|
SB 3267
Harper
HB
3412
Brown
|
Tennessee Child Abuser Registration Act of 2010. Enacts the
"Tennessee Child Abuser Registration Act of 2010" which creates within
the TBI a registry of persons who have been convicted on or after
January 1, 2011, of child abuse or child sexual abuse. Requires the
registry to be made available for public inquiry via the Internet. (S:
Harper; H: Brown)
Senate Status: Referred to Senate Judiciary.
House Status: House Judiciary Criminal Practice Subcommittee
deferred to 03/24/2010.
|
SB 3414
Crowe
HB
3442
Hill
|
Orders of protection. Changes to 28 days from 15 days the period
before which a hearing shall be held after service of protection order
in cases of domestic abuse. Expands scope of this section of the law to
affirm that if a court extends the order of protection following a
hearing, the court shall also make a specific finding that the person
has committed domestic abuse. Also adds that violation of an order of
protection or ex parte order of protection is grounds for arrest.
Directs law enforcement officers who suspect domestic abuse and who have
probable cause to file a report with their supervisor. The supervisor
will evaluate and submit the case to a judge who may issue protection
order if he finds good cause. (S: Crowe; H: Hill)
Senate Status: Referred to Senate Judiciary.
House Status: House Judiciary Criminal Practice Subcommittee
deferred to 03/24/2010.
|
SB 3443
Tate
HB
2442
Hardaway
|
Equally and Fair Parenting Act. Enacts the "Equal and Fair
Parenting Act". Creates a rebuttable presumption that equally shared
parenting is the custody arrangement in the best interest of a child.
Establishes that a preponderance of the evidence is required to overcome
this presumption. (S: Tate; H: Hardaway)
Senate Status: Referred to Senate Judiciary.
House Status: House Domestic Relations Subcommittee deferred to
03/23/2010.
|
SB 3444
Tate
HB
2443
Hardaway
|
Change in physical custody of child at school. Requires a school
official to verify identity of person seeking physical custody of a
child at school or day care when presented with such person's certified
copy of a valid court order before releasing the child to his or her
custody. (S: Tate; H: Hardaway)
Senate Status: Referred to Senate Judiciary.
House Status: House Children & Family Affairs 03/16/2010
recommended. Sent to House Calendar & Rules.
|
SB 3532
Overbey
HB
3650
Stewart M.
|
Uniform Child Abduction Prevention Act. Establishes a uniform
judicial procedure for instituting child abduction prevention orders,
which includes the factors that a judge may take into account and the
restrictions on the child and custody or visitation conditions found
within the abduction protection order. Allows the court to issue a
warrant to take physical custody of the child if it is deemed that the
child is imminently likely to be wrongfully removed. (13 pp.) (S:
Overbey; H: Stewart M.)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Domestic Relations Subcommittee.
|
SB 3544
Ketron
HB 3917
Carr
|
Temporary assistance for dependent children. Allows a legal
guardian with a dependent residing in the state to be eligible for
temporary assistance. (S: Ketron; H: Carr)
Senate Co-Sponsor:
Tracy
Senate Status: Referred to Senate General Welfare.
House Status: Referred to House Public Health and Family
Assistance Subcommittee.
|
SB 3615
Kelsey
HB
2674
Todd
|
Child support - monthly expenses of primary caregiver. Requires a
court to take all monthly expenses of the primary caregiver into
account when calculating child support and use the estimated worth of
child care when one parent has arranged for free or reduced cost child
care. (S: Kelsey; H: Todd)
Judicial Council comment: The Judicial Council noted that
the requirements set out in this legislation conflict with the current
child support guidelines, such that this bill would require a change to
the guidelines. The Judicial Council also observed that altering the
child support guidelines could have an impact on the availability of
federal funds.
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Family Justice
Subcommittee 03/09/2010.
Other Status: Tennessee Judicial Council reviewed 03/04/2010 with
comment.
|
SB 3777
Bunch
HB
3556
Bell
|
Court-appointed special advocates: possible requirements. Allows a
juvenile court to order court-appointed special advocates to attend
meetings on the child's behalf when the guardian ad litem cannot attend.
(S: Bunch; H: Bell)
Judicial Council comment: The Judicial Council expressed
concern about subjecting a non-party to a possible contempt finding. The
Council further observed that a CASA volunteer, who is generally a
non-attorney, is not necessarily interchangeable with a guardian ad
litem, who is generally an attorney.
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Family Justice Subcommittee.
Other Status: Tennessee Judicial Council reviewed 03/04/2010 with
comment.
|
HB 0020
Hardaway
|
Noncustodial parent advocacy pilot program. Requires the
administrative office of the courts to establish and implement the
office of noncustodial parent advocacy pilot project in all courts
exercising juvenile court jurisdiction in at least one county within
each of the state's three grand divisions. Specifies this office will
aid unwed noncustodial parents in obtaining visitation rights to their
children. Requires the AOC to report the findings of the project to the
house judiciary committee before February 15 of each year beginning in
2010. Broadly captioned. (H: Hardaway)
House Status: Taken off notice in House Domestic Relations
Subcommittee 03/16/2010.
|
HB 0048
Gilmore
|
Payment of uninsured medical expenses for children. Authorizes
the court to require an amount be paid to cover uninsured medical
expenses in orders for support and maintenance of children relative to
health insurance. Details methods by which such payments may be
orchestrated. Authorizes the court, other party, state, or IV-D
contractor to enforce the payment by any legal action permitted by law
if it is not remitted within 30 days. (H: Gilmore)
House Status: Withdrawn in House 02/23/2009.
|
GOVERNMENT CONTRACTS |
SB 0308
Berke
HB 0732
Litz
|
Department of general services - new vehicle purchases. Replaces
energy-efficient targeted goal with the requirement that department of
general services purchase only new vehicles that are alternative fuel
vehicles or have highway fuel economy of 30 miles per gallon or more for
state fleet of motor vehicles. (S: Berke; H: Litz)
Senate Status: Taken off notice in Senate State & Local
Government 03/10/2009.
House Status: House State Government Subcommittee deferred to
2010.
|
SB 3089
Burchett
HB 3061
Niceley
|
Contracts between LLCs and counties or state. Requires all
contracts for goods or services being purchased that are entered into
between the state or a county and an LLC include a requirement that the
LLC shall disclose the name of each partner before the contract becomes
effective. Requires such disclosure to be posted on the state's or
county's web site, as applicable, with sufficient information to
identify the respective contract. (S: Burchett; H: Niceley)
Senate Status: Referred to Senate State & Local
Government.
House Status: House State & Local Government deferred to
03/23/2010.
|
GOVERNMENT ORGANIZATION |
SB 0161
Ketron
HB 0507
Todd
|
Abolishes the TN Ethics Commission. Abolishes the Tennessee
ethics commission and transfers the powers and duties of the Tennessee
ethics commission to the registry of election finance. Renames the
registry of election finance as the commission of ethics and election
finance. (S: Ketron; H: Todd)
Senate Status: Taken off notice in Senate State & Local
Government 05/12/2009.
House Status: Taken off notice in House State Government
Subcommittee 05/06/2009.
|
SB 0162
Ketron
HB 0506
Todd
Public Chapter (PDF)
|
Sunset - ethics commission. Transfers the duties of the ethics
commission to the registry of election finance if the ethics commission
ceases to exist on June 30, 2009. (S: Ketron; H: Todd)
Amendment: SENATE AMENDMENT 3 rewrites the bill. Creates an
independent entity entitled the Bureau of Ethics and Campaign Finance
comprised of the six members of the current Registry of Election Finance
and the six members of the Ethics Commission. Gives preference to the
members currently serving to be the members of the new body. Makes the
current directory of the Registry of Election Finance the initial
executive director of the new bureau. Clarifies that members of the
bureau and their family members cannot hold public office, participate
in campaigns, or contribute to candidates. Exempts contributions from
family members to political candidates. Grants the Bureau of Ethics and
Campaign Finance the authority to take actions on behalf of the Ethics
Commission and the Registry of Election Finance that are necessary for
transitioning the entities into divisions of the bureau. Establishes
that current staff positions of the Ethics Commission will be
transferred to the
bureau through August 10,2009. After that date, the executive director
of the bureau is authorized to eliminate or reclassify those positions.
Clarifies that the bureau is collecting fees instead of the ethics
commission. SENATE AMENDMENT 4 changes the sunrise provision from four
years to two years. SENATE AMENDMENT 5 corrects a drafting error in
Section 19 by removing a duplication.
Senate Status: Senate 06/16/2009 passed with amendments 3, 4,
and 5.
House Status: House passed 06/17/2009.
Other Status: Enacted as Public Chapter 0556 (effective
07/01/2009).
|
SB 0165
Ketron
HB 0504
Todd
|
Creates commission of ethics and election finance. Combines the
registry of election finance and the Tennessee ethics commission into
the commission of ethics and election finance. Revises references to
each entity in code to reflect this change. (S: Ketron; H: Todd)
Senate Status: Referred to Senate State & Local
Government.
House Status: Taken off notice in House State Government
Subcommittee 05/06/2009.
|
SB 0179
Jackson
HB 0592
Coleman
|
Ethics commission advisory opinions - general assembly. Requires
the ethics commission to issue written advisory opinions to any member
of the general assembly upon request. (S: Jackson; H: Coleman)
Senate Status: Senate passed 03/12/2009.
House Status: Taken off notice in House State & Local
Government 05/12/2009.
|
SB 0302
Johnson J.
HB 0370
Casada
|
Commission on uniform legislation. Deems commissioners on uniform
legislation appointed by the governor to not be officials in the
legislative branch for purposes of ethics and lobbying statutes. (S:
Johnson J.; H: Casada)
Senate Status: Referred to Senate Government Operations.
House Status: Caption bill held on House clerk's desk.
|
SB 0306
Norris
HB 1119
Coleman
Public Chapter (PDF)
|
Codifies acts of 2008 legislative session. Codifies the acts of
the 2008 legislative session. (S: Norris; H: Coleman)
Senate Status: Senate passed 03/02/2009.
House Status: House passed 03/02/2009.
Other Status: Enacted as Public Chapter 0002 (effective
03/10/2009).
|
SB 0349
Johnson J.
HB 1030
Lynn
Public Chapter (PDF)
|
Sunset - public records commission. Sunsets the public records
commission on June 30, 2016. (S: Johnson J.; H: Lynn)
House
Co-Sponsors: Kernell; Cobb J.
Senate Status: Senate passed 03/09/2009.
House Status: House passed 03/23/2009.
Other Status: Enacted as Public Chapter 0021 (effective
04/02/2009).
|
SB 0354
Johnson J.
HB 1037
Lynn
Public Chapter (PDF)
|
Sunset - state trust of TN. Sunsets the state trust of Tennessee
on June 30, 2017. (S: Johnson J.; H: Lynn)
House Co-Sponsors:
Kernell; Cobb J.
Senate Status: Senate passed 03/09/2009.
House Status: House passed 04/20/2009.
Other Status: Enacted as Public Chapter 0126 (effective
05/05/2009).
|
SB 0358
Johnson J.
HB 1050
Lynn
|
Sunset - TN ethics commission. Sunsets the Tennessee ethics
commission on June 30, 2012. (S: Johnson J.; H: Lynn)
House
Co-Sponsors: Cobb J.; Kernell
Senate Status: Senate passed 06/16/2009.
House Status: Taken off notice in House Government Operations
05/27/2009.
|
SB 0365
Johnson J.
HB 1094
Lynn
Public Chapter (PDF)
|
Sunset - family support council. Sunsets the family support
council on June 30, 2016. (S: Johnson J.; H: Lynn)
House
Co-Sponsors: Cobb J.; Kernell
Senate Status: Senate passed 03/09/2009.
House Status: House passed 03/30/2009.
Other Status: Enacted as Public Chapter 0044 (effective
04/09/2009).
|
SB 0368
Johnson J.
HB 1090
Lynn
|
Governor to submit TCA changes to certain committees. Requires
governor to submit to the government operations committees of both
houses any legislation to revise TCA to reflect changes in governmental
structure made by executive order. - Amends TCA Title 4. (S: Johnson J.;
H: Lynn)
House Co-Sponsors: Kernell; Cobb J.
Senate Status: Referred to Senate State & Local
Government.
House Status: Caption bill held on House clerk's desk.
|
SB 0370
Johnson J.
HB 1073
Lynn
Public Chapter (PDF)
|
Sunset - state election commission. Sunsets the state election
commission on June 30, 2013. Requires minutes of all state election
commission meetings be posted on election commission's website within
five days of when meeting to which such minutes apply. (S: Johnson J.;
H: Lynn)
House Co-Sponsors: Cobb J.; Kernell
Amendment: House amendment 1 removes section 3 of the bill
which requires that the minutes of meetings be recorded on the Web site.
House amendment 2 extends the commission for one year and then a one
year wind-down period.
Senate Status: Senate passed 06/18/2009.
House Status: House 06/18/2009 passed with amendments 1 and 2.
Other Status: Enacted as Public Chapter 0561 (effective
06/30/2009).
|
SB 0372
Johnson J.
HB 1055
Lynn
|
Sunset extension procedure of certain governmental entities. Extends
any governmental entities due to terminate June 30, 2009 that have not
been evaluated by the proper committee for one year or until the
committee conducts a public hearing and the general assembly determines
its status. Specifies that if the general assembly does not act prior to
June 30, 2010, then the entity is terminated and goes into wind down.
Requires the comptroller to notify the Tennessee code commission by July
1, 2009, of all governmental entities that are continued, and
authorizes the commission to revise the termination date of any
governmental entity subject to this subsection. (S: Johnson J.; H: Lynn)
House
Co-Sponsors: Cobb J.; Kernell
Senate Status: Taken off notice in Senate Government
Operations 03/18/2009.
House Status: Referred to House Government Operations.
|
SB 0373
Johnson J.
HB 1102
Lynn
|
Sunset - judicial council. Sunsets the judicial council on June
30, 2010. (S: Johnson J.; H: Lynn)
House Co-Sponsors: Cobb J;
Kernell
Senate Status: Senate Government Operations deferred to 2010.
House Status: House passed 06/03/2009.
|
SB 0374
Johnson J.
HB 1016
Lynn
|
Sunset - judicial council. Sunsets the judicial council on June
30, 2017. (S: Johnson J.; H: Lynn)
House Co-Sponsors: Kernell;
Cobb J.
Senate Status: Referred to Senate Government Operations.
House Status: House passed 03/15/2010.
|
SB 0375
Johnson J.
HB 1076
Lynn
|
Sunset - judicial evaluation commission. Sunsets the judicial
evaluation commission on June 30, 2013. (S: Johnson J.; H: Lynn)
House
Co-Sponsors: Cobb J.; Kernell
Judicial Council comment: Judicial Council adopted and
released to full committee with additional remark that the legislature
should adopt some method of judicial selection and retention, so as not
to place the judicial system, its litigants and citizens in general at a
disadvantage in providing and obtaining justice. Adopting no method of
judicial selection and retention would leave the judicial system with no
method of filling vacancies on either the appellate court or trial
court level. The council encouraged the consideration of the time of
extension of the sunset deadlines with regard to the relationship
between the sunset date and the date of elections. The termination of
either or both of these entities on June 30 in the year immediately
prior to a year in which regular August elections are held would create
uncertainty about what system of selection would govern that upcoming
election. Any method of judicial selection and retention adopted should
contain a provision
for
selection based upon a process of evaluating the merit of applicants to
fill a vacancy and that yes-no retention elections be retained for
appellate court judges. There does not appear to be a reason to require
that election by yes-no retention be accomplished by anything other than
a traditional majority vote. The council did question the complications
associated with legislation that would require the election of Supreme
Court justices by judicial district upon creation of five newly
established judicial districts. Such election may cause conflict with
constitutional provisions concerning the geographical representation on
the state supreme court. The requirements proposed in some legislation
with regard to senate confirmation of gubernatorial appointments could
cause substantial delay in the filling of vacancies which occur while
the legislature is not in session. The council recognized that the
majority of criticism of the current provisions of the Tennessee Plan is
directed toward
the makeup of the Judicial Selection Commission and the process by which
members are selected for the commission. While there is no consensus on
the Judicial Council concerning the most appropriate makeup of the
commission and the process by which members are appointed to the
commission, the council noted that allowing for nominations to the
commission by party caucus injects politics into a process despite the
stated intent to make the courts "nonpolitical." Further, the council
agreed that any provision concerning the makeup of any commission make
clear statements concerning the goal of diversity on the commission with
regard to ethnicity, gender and the geographical grand divisions of the
state.
Senate Status: Referred to Senate Government Operations.
House Status: Referred to House Government Operations.
Other Status: Tennessee Judicial Council reviewed 04/02/2009 with
comment.
|
SB 0376
Johnson J.
HB 1075
Lynn
|
Nominating process for judicial evaluation commission. Revises
nominating process by speaker of senate and speaker of house of
representatives for judicial evaluation commission. Broadly captioned.
(S: Johnson J.; H: Lynn)
Judicial Council comment: Judicial Council adopted and
released to full committee with additional remark that the legislature
should adopt some method of judicial selection and retention, so as not
to place the judicial system, its litigants and citizens in general at a
disadvantage in providing and obtaining justice. Adopting no method of
judicial selection and retention would leave the judicial system with no
method of filling vacancies on either the appellate court or trial
court level. The council encouraged the consideration of the time of
extension of the sunset deadlines with regard to the relationship
between the sunset date and the date of elections. The termination of
either or both of these entities on June 30 in the year immediately
prior to a year in which regular August elections are held would create
uncertainty about what system of selection would govern that upcoming
election. Any method of judicial selection and retention adopted should
contain a provision
for
selection based upon a process of evaluating the merit of applicants to
fill a vacancy and that yes-no retention elections be retained for
appellate court judges. There does not appear to be a reason to require
that election by yes-no retention be accomplished by anything other than
a traditional majority vote. The council did question the complications
associated with legislation that would require the election of Supreme
Court justices by judicial district upon creation of five newly
established judicial districts. Such election may cause conflict with
constitutional provisions concerning the geographical representation on
the state supreme court. The requirements proposed in some legislation
with regard to senate confirmation of gubernatorial appointments could
cause substantial delay in the filling of vacancies which occur while
the legislature is not in session. The council recognized that the
majority of criticism of the current provisions of the Tennessee Plan is
directed toward
the makeup of the Judicial Selection Commission and the process by which
members are selected for the commission. While there is no consensus on
the Judicial Council concerning the most appropriate makeup of the
commission and the process by which members are appointed to the
commission, the council noted that allowing for nominations to the
commission by party caucus injects politics into a process despite the
stated intent to make the courts "nonpolitical." Further, the council
agreed that any provision concerning the makeup of any commission make
clear statements concerning the goal of diversity on the commission with
regard to ethnicity, gender and the geographical grand divisions of the
state.
Senate Status: Referred to Senate Government Operations.
House Status: Referred to House Judiciary Civil Practice
Subcommittee.
Other Status: Tennessee Judicial Council reviewed 04/02/2009 with
comment.
|
SB 0380
Johnson J.
HB 1082
Lynn
|
Sunset - judicial selection commission. Sunsets the judicial
selection commission on June 30, 2013. (S: Johnson J.; H: Lynn)
House
Co-Sponsors: Cobb J.; Kernell
Judicial Council comment: Judicial Council adopted and
released to full committee with additional remark that the legislature
should adopt some method of judicial selection and retention, so as not
to place the judicial system, its litigants and citizens in general at a
disadvantage in providing and obtaining justice. Adopting no method of
judicial selection and retention would leave the judicial system with no
method of filling vacancies on either the appellate court or trial
court level. The council encouraged the consideration of the time of
extension of the sunset deadlines with regard to the relationship
between the sunset date and the date of elections. The termination of
either or both of these entities on June 30 in the year immediately
prior to a year in which regular August elections are held would create
uncertainty about what system of selection would govern that upcoming
election. Any method of judicial selection and retention adopted should
contain a provision
for
selection based upon a process of evaluating the merit of applicants to
fill a vacancy and that yes-no retention elections be retained for
appellate court judges. There does not appear to be a reason to require
that election by yes-no retention be accomplished by anything other than
a traditional majority vote. The council did question the complications
associated with legislation that would require the election of Supreme
Court justices by judicial district upon creation of five newly
established judicial districts. Such election may cause conflict with
constitutional provisions concerning the geographical representation on
the state supreme court. The requirements proposed in some legislation
with regard to senate confirmation of gubernatorial appointments could
cause substantial delay in the filling of vacancies which occur while
the legislature is not in session. The council recognized that the
majority of criticism of the current provisions of the Tennessee Plan is
directed toward
the makeup of the Judicial Selection Commission and the process by which
members are selected for the commission. While there is no consensus on
the Judicial Council concerning the most appropriate makeup of the
commission and the process by which members are appointed to the
commission, the council noted that allowing for nominations to the
commission by party caucus injects politics into a process despite the
stated intent to make the courts "nonpolitical." Further, the council
agreed that any provision concerning the makeup of any commission make
clear statements concerning the goal of diversity on the commission with
regard to ethnicity, gender and the geographical grand divisions of the
state.
Senate Status: Referred to Senate Government Operations.
House Status: Referred to House Government Operations.
Other Status: Tennessee Judicial Council reviewed 04/02/2009 with
comment.
|
SB 0418
Bunch
HB 0535
Bell
|
Committee to study process of selecting appellate judges. Creates
joint legislative study committee to study the issue of whether using a
process similar to the process used by the judicial selection
commission in selecting appellate judges would be beneficial to helping
select members of the state board of education, TBR, UT board of
trustees, THEC, and TN wildlife resources commission. Broadly captioned.
(S: Bunch; H: Bell)
Senate Status: Held in Senate Delayed Bills Committee
06/10/2009.
House Status: Withdrawn in House 01/27/2010.
Other Status: Tennessee Judicial Council reviewed 04/02/2009 with
comment.
|
SB 0462
Berke
HB 0581
Fincher
|
Judicial evaluation and selection commissions - no sunset. Removes
the judicial evaluation commission and the judicial selection
commission from sunset provisions which terminate them on June 30, 2008.
Broadly captioned. (S: Berke; H: Fincher)
Amendment: House Government Operations amendment 1 sunsets
the commissions in four years.
Judicial Council comment: Judicial Council adopted and
released to full committee with additional remark that the legislature
should adopt some method of judicial selection and retention, so as not
to place the judicial system, its litigants and citizens in general at a
disadvantage in providing and obtaining justice. Adopting no method of
judicial selection and retention would leave the judicial system with no
method of filling vacancies on either the appellate court or trial
court level. The council encouraged the consideration of the time of
extension of the sunset deadlines with regard to the relationship
between the sunset date and the date of elections. The termination of
either or both of these entities on June 30 in the year immediately
prior to a year in which regular August elections are held would create
uncertainty about what system of selection would govern that upcoming
election. Any method of judicial selection and retention adopted should
contain a provision
for
selection based upon a process of evaluating the merit of applicants to
fill a vacancy and that yes-no retention elections be retained for
appellate court judges. There does not appear to be a reason to require
that election by yes-no retention be accomplished by anything other than
a traditional majority vote. The council did question the complications
associated with legislation that would require the election of Supreme
Court justices by judicial district upon creation of five newly
established judicial districts. Such election may cause conflict with
constitutional provisions concerning the geographical representation on
the state supreme court. The requirements proposed in some legislation
with regard to senate confirmation of gubernatorial appointments could
cause substantial delay in the filling of vacancies which occur while
the legislature is not in session. The council recognized that the
majority of criticism of the current provisions of the Tennessee Plan is
directed toward
the makeup of the Judicial Selection Commission and the process by which
members are selected for the commission. While there is no consensus on
the Judicial Council concerning the most appropriate makeup of the
commission and the process by which members are appointed to the
commission, the council noted that allowing for nominations to the
commission by party caucus injects politics into a process despite the
stated intent to make the courts "nonpolitical." Further, the council
agreed that any provision concerning the makeup of any commission make
clear statements concerning the goal of diversity on the commission with
regard to ethnicity, gender and the geographical grand divisions of the
state.
Senate Status: Senate Government Operations deferred to
05/13/2009.
House Status: Taken off notice in House Calendar & Rules
06/09/2009.
Other Status: Tennessee Judicial Council reviewed 04/02/2009 with
comment.
|
SB 0478
Bunch
HB
0563
Kelsey
|
Holding of judicial office by ethics commission members. Allows
members of the ethics commission to hold or qualify for judicial office
with no waiting period after member's position is vacated on the
commission. (S: Bunch; H: Kelsey)
Senate Status: Referred to Senate State & Local
Government.
House Status: Failed in House State & Local Government
03/31/2009.
|
SB 1005
Johnson J.
HB 1054
Lynn
Public Chapter (PDF)
|
Sunset - families first advisory council. Terminates the families
first advisory council. (S: Johnson J.; H: Lynn)
House
Co-Sponsors: Cobb J.; Kernell
Senate Status: Senate passed 04/16/2009.
House Status: House passed 04/13/2009.
Other Status: Enacted as Public Chapter 0103 (effective
04/27/2009).
|
SB 1016
Johnson J.
HB 1077
Lynn
Public Chapter (PDF)
|
Sunset - commission for uniform legislation. Sunsets the
commission for uniform legislation on June 30, 2013. (S: Johnson J.; H:
Lynn)
House Co-Sponsors: Cobb J.; Kernell
Senate Status: Senate passed 03/09/2009.
House Status: House passed 03/23/2009.
Other Status: Enacted as Public Chapter 0027 (effective
04/02/2009).
|
SB 1023
Johnson J.
HB 1818
Lynn
|
Required meetings for joint evaluation committees. Requires all
joint evaluation committees to meet at least quarterly. (S: Johnson J.;
H: Lynn)
Amendment: Senate amendment 1 makes the bill. Extends THEC
and the UT board of trustees for three years to sunset in 2012 and
requires the comptroller to conduct an audit review with limited program
evaluation.
Senate Status: Senate 05/04/2009 passed with amendment 1.
House Status: Taken off notice in House Government Operations
05/27/2009.
|
SB 1029
Johnson J.
HB 1064
Lynn
|
Sunset - advisory council on workers' compensation. Sunsets the
advisory council on workers' compensation on June 30, 2010. (S: Johnson
J.; H: Lynn)
House Co-Sponsors: Cobb J.; Kernell
Amendment: Senate Government Operations amendment 1 defers
action on this bill to January 2010. House amendment 1 changes the
sunset date to June 30, 2011. Requires the council to update the
appropriate joint subcommittee in one year on the progress of the
council's responses to the audit findings of the comptroller. Clarifies
that the comptroller would not be required to conduct a new audit prior
to the update by the council. House amendment 2 corrects a typographical
error, changing "commission's" to "council's".
Senate Status: Re-referred to Senate Government Operations
05/20/2009.
House Status: House 05/11/2009 passed with amendments 1 and 2.
|
SB 1034
Johnson J.
HB 1103
Lynn
Public Chapter (PDF)
|
Sunset - board of claims. Sunsets board of claims on June 30,
2010. (S: Johnson J.; H: Lynn)
House Co-Sponsors: Cobb J.;
Kernell
Amendment: Senate amendment 1 extends board of claims to
2015.
Senate Status: Senate 03/26/2009 passed with amendment 1.
House Status: House passed 04/16/2009.
Other Status: Enacted as Public Chapter 0134 (effective
05/05/2009).
|
SB 1040
Johnson J.
HB 1087
Lynn
Public Chapter (PDF)
|
Sunset - Tennessee code commission. Sunsets the Tennessee code
commission on June 30, 2017. (S: Johnson J.; H: Lynn)
House
Co-Sponsors: Kernell; Cobb J.
Senate Status: Senate passed 03/09/2009.
House Status: House passed 03/16/2009.
Other Status: Enacted as Public Chapter 0012 (effective
03/27/2009).
|
SB 1044
Johnson J.
HB 1039
Lynn
Public Chapter (PDF)
|
Sunset - Tennessee registry of election finance. Sunsets the
Tennessee registry of election finance on June 30, 2010. (S: Johnson J.;
H: Lynn)
House Co-Sponsors: Kernell; Cobb J.
Amendment: House amendment 1 extends the registry for six
years.
Senate Status: Senate passed 06/08/2009.
House Status: House 05/14/2009 passed with amendment 1.
Other Status: Enacted as Public Chapter 0444 (effective
06/23/2009).
|
SB 1046
Johnson J.
HB 1034
Lynn
Public Chapter (PDF)
|
Sunset - Tennessee claims commission. Sunsets the Tennessee
claims commission on June 30, 2010. (S: Johnson J.; H: Lynn)
House
Co-Sponsors: Kernell; Cobb J.
Amendment: Senate amendment 1 extends the Tennessee claims
commission to 2015.
Senate Status: Senate 03/26/2009 passed with amendment 1.
House Status: House passed 04/02/2009.
Other Status: Enacted as Public Chapter 0064 (effective
04/15/2009).
|
SB 1272
Bunch
HB 1390
Dennis
|
Tennessee Taxpayer and Citizen Protection Act. Requires every
agency or political subdivision in TN, before providing or administering
state or local public benefits or federal public benefits, to verify
the lawful presence in the U.S. of any person over 18 years of age and
applying for such benefits. Provides for the following exceptions:
obtaining health care for an emergency medical condition if not related
to organ transplant; short-term, noncash, in-kind emergency disaster
relief; public health immunizations; soup kitchen, counseling and
short-term shelter care; prenatal care; postsecondary education with
THEC setting forth policies complying with federal law. Specifies that
anyone making a false statement in an affidavit regarding such
requirement commits aggravated perjury. (S: Bunch; H: Dennis)
House
Co-Sponsor: Rich
Senate Status: Referred to Senate State & Local
Government.
House Status: Referred to House Judiciary Civil Practice
Subcommittee.
|
SB 1283
Bunch
HB 1598
Lynn
Public Chapter (PDF)
|
Free exercise of religion. As introduced, prohibits a government
entity from substantially burdening a person's free exercise of religion
unless it demonstrates the application of the burden is essential to
further a compelling government interest and is the least restrictive
means of furthering that interest. (S: Bunch; H: Lynn)
Amendment: House amendment 1 removes provision that states
nothing in the act can be construed to be a granting of government
funds, benefits, or exemptions. Adds provision stating that nothing in
the act can create or preclude a right of any religious organization to
receive funding or other governmental assistance or of any person to
receive government funding for a religious activity.
Senate Status: Senate passed 06/16/2009.
House Status: House 05/28/2009 passed with amendment 1.
Other Status: Enacted as Public Chapter 0573 (effective
07/01/2009).
|
SB 2171
Bunch
HB
1852
Campfield
|
Government operations committees are standing. Clarifies that
government operations committees are standing committees for all bills
referred to them. (S: Bunch; H: Campfield)
Senate Status: Taken off notice in Senate State & Local
Government 05/05/2009.
House Status: House State & Local Government deferred to
05/12/2009.
|
SB 2417
Norris
HB 2570
Coleman
Public Chapter (PDF)
|
Codify the general and public statutes of TN. Codifies the acts
of the 2009 legislative session. (S: Norris; H: Coleman)
Senate
Co-Sponsor: Kyle
Senate Status: Senate passed 02/08/2010.
House Status: House passed 02/18/2010.
Other Status: Enacted as Public Chapter 0624 (effective
03/03/2010).
|
SB 2427
Watson B.
HB 2607
Lynn
|
Sunset - collection service board. Sunsets the collection service
board on June 30, 2011. (S: Watson B.; H: Lynn)
Senate
Co-Sponsor: Johnson J.
Amendment: Senate amendment 1 adds a three-year extension.
Senate Status: Senate 02/08/2010 passed with amendment 1.
House Status: House passed 03/11/2010.
Other Status: Sent to governor 03/16/2010.
|
SB 2432
Watson B.
HB 2615
Lynn
|
Sunset - private protective services advisory committee. Sunsets
the private protective services advisory committee on June 30, 2011. (S:
Watson B.; H: Lynn)
Senate Co-Sponsor: Johnson J.
Amendment: House amendment 1 extends the private protection
services advisory committee to June 30, 2013.
Senate Status: Taken off notice in Senate Government
Operations 02/10/2010.
House Status: House 03/11/2010 passed with amendment 1.
|
SB 2471
Watson B.
HB 2456
Lynn
|
Extends advisory council on workers' compensation. Extends
advisory council on workers' compensation to June 30, 2010. (S: Watson
B.; H: Lynn)
Senate Co-Sponsor: Johnson J.
Senate Status: Referred to Senate Government Operations.
House Status: House Government Operations deferred to 03/24/2010.
|
SB 2973
Black
HB
2878
Casada
|
Abolishes select committee on children and youth. Abolishes the
select committee on children and youth. (S: Black; H: Casada)
Senate Status: Referred to Senate General Welfare.
House Status: Referred to House Domestic Relations Subcommittee.
|
SB 3033
Faulk
HB 3307
Mumpower
|
State recognition of Native American Indian tribes. Establishes a
procedure for any Indian group in TN who believes it should receive
official recognition by the state to be tribe of Native American Indian
people. Authorizes the secretary of state to issue a TN certificate of
official recognition to the group as a state recognized tribe.
Establishes the criterion through which a petitioner may demonstrate the
definition of community, kinship organization, economic development,
religious organization, and political influence or authority. Clarifies
what information the petitioner must provide on a statement describing
in full its membership criteria and current governing procedures.
Establishes that the possession of a TN certificate of official
recognition as a tribe of Native American Indian people does not in any
way absolve or exempt the tribe or any of its individual members from
compliance with the provisions of the TN constitution, statues and
rules. (14 pp.) (S: Faulk; H:
Mumpower)
Senate Status: Referred to Senate State & Local
Government.
House Status: Referred to House State Government Subcommittee.
|
SB 3181
Watson B.
HB 3291
Lynn
|
Sunset - TN court of the judiciary. Sunsets the Tennessee court
of the judiciary on June 30, 2011. (S: Watson B.; H: Lynn)
Senate
Co-Sponsor: Ketron
Amendment: House amendment 1 extends the TN court of the
judiciary to June 30, 2012.
Senate Status: Referred to Senate Government Operations.
House Status: House 03/18/2010 passed with amendment 1, which
extends the TN court of the judiciary to June 30, 2012.
|
SJR 0101
Bunch
|
TN Code Commission to delete obsolete designations. Directs
Tennessee code commission to delete "Partially obsolete" designations
and related compiler's notes in Tennessee Code Annotated, Title 67,
Chapter 1, Part 9. (S: Bunch)
Senate Status: Introduced 2/26/2009
|
HJR 0004
Hardaway
|
Special joint committee on unsolved civil rights crimes. Creates a
special joint legislative study committee to study issues relating to
unsolved civil rights crimes. (H: Hardaway)
Amendment: House amendment 2 makes the bill. Sets up a
special joint committee including three members of each house and
requires the committee to meet only during session and thereby removes
the fiscal note. Changes the reporting date to May 1, 2010 from January
15, 2010.
House Status: House 06/01/2009 adopted, as amended by
amendment 2.
|
HJR 0005
Hardaway
|
Committee on impact of slavery and segregation in TN. Creates
special committee to study the impact of slavery and segregation on
African Americans in Tennessee. (H: Hardaway)
Amendment: House State & Local Government amendment 1
requires the committee to meet only on days on which floor session or
committee meetings are taking place and thereby removes the fiscal note.
House Status: Taken off notice in House State & Local
Government 01/26/2010.
|
HJR 0077
Yokley
|
Constitutional amendment - terms of state representatives. Proposes
an amendment to Article II, Section 3, of the Constitution of Tennessee
to increase to four years from two years the terms of office for state
representatives and to stagger such terms between even and odd-numbered
representative districts beginning in 2016. (H: Yokley)
House Status: Taken off notice in House State Government
Subcommittee 05/06/2009.
|
HJR 0179
Turner M.
|
TN Ethics Commission - appointment of Charles H. Farmer. Confirms
the appointment of Charles H. Farmer to the Tennessee ethics
commission. (H: Turner M.)
Senate Status: Senate 03/09/2009 concurred.
House Status: House 03/09/2009 adopted.
Other Status: Signed by governor 03/10/2009.
|
GOVERNMENT REGULATION |
SB 0164
Ketron
HB 0505
Todd
|
Ethics commission advisory opinions and responses. Authorizes an
official in the legislative or executive branch, a registered employer
of a lobbyist or a registered lobbyist to request the commission to
issue a formal advisory opinion involving a matter of statutory
interpretation. Specifies that the commission has 30 days to release an
opinion. Authorizes the official, employer or lobbyist to request the
attorney general and reporter to issue a formal advisory opinion on the
matter when the person has reason to believe that the issued opinion did
not correctly interpret the relevant statutory provisions. Clarifies
that any person who conforms his or her behavior to the requirements of
the attorney general's formal advisory opinion on the matter will not be
sanctioned if it is judicially determined that the attorney general's
advisory opinion did not correctly interpret the statutory provisions.
Requires all informal responses to be issued by e-mail within ten days
to the
person who made the request, with a copy to the members of the
commission. (S: Ketron; H: Todd)
Senate Status: Taken off notice in Senate State & Local
Government 05/12/2009.
House Status: Taken off notice in House State Government
Subcommittee 05/06/2009.
|
SB 0198
Bunch
HB 0425
Bell
|
Rule making - approval from general assembly. Requires approval
of the general assembly before a permanent rule becomes effective and
repeals provisions authorizing emergency and public necessity rules. (S:
Bunch; H: Bell)
Senate Status: Senate Government Operations deferred to 2010.
House Status: Referred to House Government Operations.
|
SB 0296
Johnson J.
HB 0252
Casada
|
Open Meetings Act made applicable to general assembly. Applies
Open Meetings Act to general assembly or committee, subcommittee, or ad
hoc committee of general assembly when a quorum is present. Allows a
general assembly to exempt itself from this rule only by adoption of a
rule that specifically permits meetings to be held that are not in
compliance with this section. (S: Johnson J.; H: Casada)
Senate Status: Referred to Senate State & Local
Government.
House Status: House State Government Subcommittee deferred to
2010.
|
SB 0369
Johnson J.
HB 1093
Lynn
|
Petitions for adoption or repeal of regulations. Increases, from
five to ten, the number of persons required to petition agency for
adoption or repeal of regulation. (S: Johnson J.; H: Lynn)
House
Co-Sponsors: Cobb J; Kernell
Senate Status: Referred to Senate Government Operations.
House Status: Referred to House Government Operations.
|
SB 0371
Johnson J.
HB 1089
Lynn
Public Chapter (PDF)
|
Continues certain permanent rules. Continues certain permanent
rules filed with secretary of state after January 1, 2008. (S: Johnson
J.; H: Lynn)
Senate Co-Sponsor: Ford O.
Senate Status: Senate passed 06/16/2009.
House Status: House passed 06/17/2009.
Other Status: Enacted as Public Chapter 0560 (effective
06/30/2009).
|
SB 0434
Bunch
HB
0423
Bell
|
Government operations committees - rule approval under UAPA. Changes
the parameters of the UAPA so that rules become effective only after
the government operations committees of the senate and house have met
jointly, conducted a rule review hearing, and considered such rule.
Previously rules became effective upon the expiration of the 75-day
period immediately following the original filing in the office of the
secretary of state. (S: Bunch; H: Bell)
Senate Status: Senate Government Operations deferred to 2010.
House Status: Referred to House Government Operations.
|
SB 0700
Barnes
HB 0827
Jones S.
|
Administration of functions of federal Social Security Act. Specifies
that the department of human services is to administer all functions in
this state of the federal Social Security Act, except those functions
that may be expressly delegated by executive order of the governor. (S:
Barnes; H: Jones S.)
Senate Status: Referred to Senate General Welfare.
House Status: Caption bill held on House clerk's desk.
|
SB 0990
Beavers
HB
0841
Weaver
|
TN Taxpayer and Citizen Protection Act. Requires state agencies
that are responsible for the administration of state and local public
benefits to verify the identity of each applicant for benefits and to
also verify the immigration status of each applicant. Prohibits state
agencies from accepting an identification card issued by the state or
its political subdivisions, including a driver license, to establish
identity or determine eligibility for benefits. (S: Beavers; H: Weaver)
Senate Status: Referred to Senate State & Local
Government.
House Status: Taken off notice in House Civil Practice
Subcommittee 04/15/2009.
|
SB 1373
Johnson J.
HB 1227
Lynn
|
UAPA - expiration of certain permanent rules. Continues certain
permanent rules filed with the secretary of state that are otherwise
scheduled to expire. (S: Johnson J.; H: Lynn)
Senate Status: Referred to Senate Government Operations.
House Status: Referred to House Government Operations.
|
SB 1374
Johnson J.
HB 1273
Kernell
|
UAPA - filing of permanent rules. Changes date when permanent
rules filed with secretary of state expire unless continued by the
general assembly. (S: Johnson J.; H: Kernell)
House Co-Sponsor:
Lynn
Senate Status: Referred to Senate Government Operations.
House Status: Taken off notice in House Government Operations
05/27/2009.
|
SB 1388
Johnson J.
HB 1815
Lynn
Public Chapter (PDF)
|
UAPA revisions. Streamlines procedure by which the government
operations committees of both houses will review legislation amending or
repealing portions of the UAPA. Changes publication requirements from
posting information in the notice section of the secretary of states
monthly administrative register to the administrative register website
within five business days of receipt of such information. Requires the
agency to adopt the proposed rule without a public hearing unless within
sixty days after the first day of the month subsequent to the filing of
the proposed rule with the secretary of state a petition for a public
hearing on such proposed rule is filed by 25 interested individuals.
Specifies that rules will become effective 75 days after filing with the
secretary of state and removes requirement that the attorney general
approve it. Extends reasons that the agency may proceed without prior
notice to adopt an emergency rule to include the following: the rule
only delays
the effective date of another rule that is not yet effective; it is
required by the Constitution or court order; it is required by an agency
of the federal government and adoption of the rule through ordinary
rulemaking procedures might jeopardize the loss of a federal program or
funds; or the agency is required by an enactment of the general assembly
to implement rules within a prescribed period of time that precludes
utilization of rulemaking procedures. Authorizes the secretary of state
to approve or deny a rule if the attorney general does not do so within
45 days of filing. Removes document requirements specific to the
department of environment and conservation. Requires the secretary of
state to update agency rules on the effective date of any new amendment
to existing rules or of any new rules. Also requires the secretary of
state to incorporate emergency rules within the appropriate agency's
rules within two business days of their filing. (16 pp.) (S: Johnson J.;
H: Lynn)
Amendment: House amendment 1 states that nothing contained
in the Uniform Administrative Procedures Act can be construed to prevent
the government operations committee from being considered an
appropriate standing committee to consider legislation that amends or
repeals and provision within. Directs the TN code commission to provide
to the government operations committees an annual list by January 1 of
all public necessity rules under the UAPA. Removes authorization for the
secretary of state to approve or deny a rule if the attorney general
does not do so within 45 days of filing. Deletes section of the bill
that removed document requirements specific to the department of
environment and conservation. House amendment 2 requires any legislation
that re-establishes, restructures or otherwise delegates any type of
rulemaking authority to any new or pre-existing governmental entity to
be referred to the government operations committee by the speaker of
each house. Requires the
government operations committee to be considered a standing committee.
Requires the secretary of state to file within five business days of a
rule's acceptance on the state's website. Deletes the provision that
requires a written request by a person having an interest in the
environment and conservation department's rules, proposed rules, or
requesting person. Requires that if an agency withdraws a rule amending
previously existing rule, then such previously existing rule must
continue in effect until it is later amended. Requires all amendments to
existing execute agency rules to needing to be reviewed by the
committees or subcommittees to be filed with the secretary of state.
Defines "redline form" as a denotation of all amendments to an existing
rule by placing a line through all language to be deleted and including
brackets clearly indicating the changes made to the rule. Establishes
that failure to comply with such rules is evidence of the failure be by
an agency to meet its
burden of proof. Changes from 75 to 120 the amount of days it takes for a
rule to become effective once filled in the office of the secretary of
state. Establishes that an emergency rule must become effective
immediately, unless otherwise stated in the rule, upon a copy of such
rule and a copy of the written statement of the reasons for the rule
being filed with the secretary of state. Prohibits the emergency rule
from being effective for a period longer than 210 days. Prohibits the
agency from adopting the same or a substantially similar emergency rule
within one calendar year from its first adoption, unless the agency
clearly establishes that it could not reasonably be foreseen during the
initial 210 period that such emergency could continue or would likely
recur during the next nine months. House amendment 4 removes the ability
of the government operations committee to delay or prevent
consideration of any such legislation by withholding its recommendation
unless such legislation is
assigned to the government operations committee as the only standing
committee to hear the bill. Senate amendment 2 is the same as House
amendment 2 except changes from 75 to 90, instead of 120 as in the House
amendment, the amount of days it takes for a rule to become effective
once filled in the office of the secretary of state. Senate amendment 3
corrects technical changes that make sure the changes made by Senate
amendment 2 are consistent throughout the bill. Senate amendment 5
deletes all the language of House amendments 2 and 4. Senate amendment 6
deletes section 4 of the bill entirely.
Conference Committee: Conference Committee Report on HB
1815/SB 1388 recommends that all amendments be deleted. The Committee
further recommends that the following amendment (#1031732) be adopted.
Senate Status: Senate 06/18/2009 adopted conference committee
report.
House Status: House 06/18/2009 adopted conference committee
report.
Other Status: Enacted as Public Chapter 0566 (effective
07/01/2009).
|
SB 1733
Ramsey R.
HB 0239
Mumpower
|
State recognition for certain Indian tribes. Grants state
recognition to certain Indian tribes, bands, and groups. Establishes
procedure for other Indian tribes, bands, and groups to receive state
recognition. Appoints the Confederation of Tennessee Native Tribes as
the entity to review and present for recognition any other Indian
tribes, bands and groups. (S: Ramsey R.; H: Mumpower)
Senate Status: Referred to Senate State & Local
Government.
House Status: Taken off notice in House State Government
Subcommittee 05/06/2009.
|
SB 1821
Herron
HB
0063
Fincher
|
TN Taxpayer and Citizen Protection Act. Clarifies that government
agencies are allowed to issue forms of identification such as driver
licenses and voter identification cards provided that the individual
obtaining the form of identification is in the U.S. legally. Specifies
that any driver license issued to a person who is not a U.S. citizen,
national or legal permanent resident alien will be presumed as valid
unless it has expired, been canceled, suspended, or revoked when it
comes time for the license to be renewed, duplicated, or reissued.
Specifies that any individual who is not lawfully present in the U.S.
shall not be eligible on the basis of residence within the state for any
postsecondary education benefits such as financial aid, or resident
tuition. (S: Herron; H: Fincher)
Senate Status: Taken off notice in Senate State & Local
Government 05/05/2009.
House Status: House Budget Subcommittee 06/15/2009 deferred to
next calendar.
|
SB 1822
Herron
HB
0062
Fincher
|
TN Immigration Compliance Act. Requires sheriff, jailer or other
designated officer to check citizenship status of a person charged with a
felony or DUI that is confined in a county jail, municipal jail or
other local or municipal correctional facility. Also requires sheriff,
jailer or other designated officer to notify the U.S. Department of
Homeland Security when a determination is made that the confined person
is not lawfully in the U.S. Specifies that after January 1, 2010, a
taxpayer, for the purpose of calculating net earning or net loss, is
prohibited from deducting or receiving credit for remuneration provided
to any individual for labor services in an amount equal to or exceeding
$600 per annum unless such individual is a lawful resident alien for
whom that taxpayer has maintained proper documentation. Requires every
agency or political subdivision of this state, on or after July 1, 2010,
to verify the presence in the U.S. of any natural person 18 years or
older who has
applied for state or local public benefits or for federal public
benefits that are provided by or administered by an agency or political
subdivision of this state. Specifies that verification of lawful
presence shall not be required for certain health care items that are
necessary for treatment of an emergency medical condition, emergency
disaster relief, immunizations, prenatal care, and for postsecondary
education. (S: Herron; H: Fincher)
Amendment: House Judiciary amendment 1 rewrites Section 3 of
the original bill removing the requirement that the sheriff or jailer
upon not being able to determine citizenship status through a reasonable
effort verifies such status through a query to the LESC. Under the
amendment if the sheriff or jailer cannot determine lawful status
through reasonable efforts he is to notify the U.S. department of
homeland security.
Senate Status: Taken off notice in Senate State & Local
Government 05/05/2009.
House Status: House Budget Subcommittee 06/15/2009 deferred to
next calendar.
|
SB 2296
Kyle
HB
2254
Yokley
Public Chapter (PDF)
|
Reports of abuse or neglect of adults. Specifies that the
division of mental retardation services of the department of finance and
administration is not required to report to the department of human
services any allegations of abuse, neglect or exploitation involving any
person in any of the institutions operated by the division. Specifies
that such allegations will be investigated by investigators within the
division itself. (Part of Administration Package) (S: Kyle; H: Yokley)
Senate
Co-Sponsor: Marrero
House Co-Sponsor: Turner M.
Amendment: Senate amendment 2 clarifies that the departments
and divisions specified in this bill will assist "with providing the
services required under this bill" instead of "in any way possible to
provide the services required under this bill". Also, this amendment
clarifies that the provision for priority for appropriate placement
being given to those in need of protective services who, because of
mental or physical illness or developmental disabilities, are in need of
specialized care will be "based upon available resources". This
amendment also includes those with mental retardation in the class who
will be given such priority.
Senate Status: Senate 04/30/2009 passed with amendment 2.
House Status: House passed 04/30/2009.
Other Status: Enacted as Public Chapter 0212 (effective
05/13/2009).
|
SB 2477
Watson B.
HB 2449
Lynn
|
UAPA - individuals petitioning for changing a regulation. Increases,
from five to 10, the number of persons required to petition agency for
adoption or repeal of regulation. (S: Watson B.; H: Lynn)
Senate
Co-Sponsor: Johnson J.
Senate Status: Referred to Senate Government Operations.
House Status: Caption bill held on House clerk's desk.
|
SB 2645
Burchett
HB 2767
Tindell
|
Lien authorization and home improvement contractors. Removes lien
authorization for unlicensed residential or home improvement contractor
if work is performed in a jurisdiction which requires such persons to
be licensed. (S: Burchett; H: Tindell)
Amendment: Senate amendment 1 corrects typographical error,
changing reference to "62-6-501(4)(A)" in 66-11-150 of Section 1 to
"62-6-501(4)".
Senate Status: Senate 03/08/2010 passed with amendment 1.
House Status: House Judiciary 02/23/2010 recommended. Sent to
Calendar & Rules.
|
SB 3385
Marrero
HB
3475
Kernell
|
UAPA - rules previously filed as emergency rules. Requires a
rulemaking hearing be conducted for permanent rules that were previously
filed as emergency rules, unless the emergency rule was required by the
federal government and the adoption of the rule through the ordinary
rulemaking process would jeopardize the loss of a federal program or
funds. (S: Marrero; H: Kernell)
Senate Status: Referred to Senate Government Operations.
House Status: Referred to House Government Operations.
|
SB 3550
Ketron
HB
3350
Curtiss
|
UAPA - statement of benefit regarding proposed new rules. Requires
the agency proposing any new rule, amendment to a rule, or repeal of an
existing rule to prepare a statement of benefit and transmit a copy of
the proposed rule and statement of benefit to the fiscal review
committee. (S: Ketron; H: Curtiss)
Senate Status: Referred to Senate Government Operations.
House Status: House State Government Subcommittee deferred to
03/23/2010.
|
SB 3763
Bunch
HB
3066
Campfield
|
Voting on measures that financially benefit GA member. Prohibits
any member of the general assembly from voting in committee or in the
chamber on any legislation that directly benefits financially the member
or a person in the member's immediate family. Establishes a complaint
under this legislation to be filed with the Tennessee ethics commission.
(S: Bunch; H: Campfield)
Senate Status: Referred to Senate State & Local
Government.
House Status: Referred to House Local Government Subcommittee.
|
SB 3787
Bunch
HB
3289
Lynn
|
UAPA - general assembly must approve permanent rule. Requires
approval of the general assembly before a permanent rule becomes
effective. (S: Bunch; H: Lynn)
Senate Status: Referred to Senate Government Operations.
House Status: Referred to House Consumer Affairs Subcommittee.
|
SB 3799
Marrero
|
Creation of rule-making hearings. Establishes that a rule-making
hearing be created to determine adoption of permanent rules that were
previously filed as emergency rules. (S: Marrero)
Senate Status: Referred to Senate Transportation.
|
HEALTH CARE |
SB 0209
Marrero
HB 0368
Richardson
|
Medical Marijuana Act of 2009. Enacts the "Medical Marijuana Act
of 2009" requiring the department of health to establish and maintain a
voluntary program for issuance of identification cards to qualified
terminal patients who satisfy specific requirements for medical
marijuana. Requires the department of health to maintain a 24-hour
toll-free number intended to allow state and local government law
enforcement officers to have immediate access to information necessary
to verify the validity of an identification card, until a web-based
system can be developed for this purpose. Declares that no person
designated as primary caregiver in possession of a valid identification
card will be subject to arrest for possession of medical marijuana
unless reasonable cause to believe that the information on the card is
false. Requires a person who seeks an identification card to pay a fee.
Declares that an identification card is valid for a period of one year.
Creates a Class B misdemeanor
for first offense by a physician in regards to discussion or
recommendation of unlawful use of marijuana to a patient. Creates Class A
misdemeanor for second offense of the same kind. Subjects a person to
the same punishments for fraudulently representing a medical condition
or fraudulently providing any material misinformation to a physician.
(S: Marrero; H: Richardson)
Senate Status: Referred to Senate General Welfare.
House Status: Referred to House Public Health and Family
Assistance Subcommittee.
|
SB 0442
Overbey
HB 1451
Coleman
Public Chapter (PDF)
|
Revised definition of medical review committee. Adds the medical
staff of a medical practice to the medical review committee. (S:
Overbey; H: Coleman)
Senate Status: Senate passed 03/02/2009.
House Status: House passed 03/30/2009.
Other Status: Enacted as Public Chapter 0046 (effective
04/09/2009).
|
SB 0772
Overbey
HB 1385
Harrison
Public Chapter (PDF)
|
Transportation of persons with a mental illness. Considers any
prescreening agent, physician, or licensed psychologist a state employee
when assessing the need or absence of need for physical restraint
during transportation to a psychiatric hospital. Obligates a task force
to study the existing programs utilized for the transportation of
involuntary patients to psychiatric hospitals and the feasibility of
developing alternatives to transportation of emergency involuntary
patients to psychiatric hospitals. (S: Overbey; H: Harrison)
Amendment: Senate amendment 2 makes the bill. Grants
prescreening agents, physicians, or licensed psychologists state
employee status and prohibits the entities that employ them and sheriffs
from being held civilly liable for damages arising out of a transport
if it is determined that an involuntary admission for mental health
treatment patient does not need to be restrained or have vehicle
security when being transported. Requires any secondary transportation
agent, municipal law enforcement agency, friend, relative, clergy
member, or other mental health professional authorized to transport an
individual without the use of restraints or security to sign a form
agreeing to pay any and all costs associated with the transport.
Senate Status: Senate 05/18/2009 passed with amendment 2.
House Status: House passed 06/03/2009.
Other Status: Enacted as Public Chapter 0468 (effective
07/01/2009).
|
SB 0778
Overbey
HB 1126
Lundberg
Public Chapter (PDF)
|
Conditions placed on certificates of need. Clarifies that any
condition placed on a certificate of need applies to any license
relative to such certificate of need that is subsequently issued. (S:
Overbey; H: Lundberg)
Senate Status: Senate passed 05/18/2009.
House Status: House passed 05/18/2009.
Other Status: Enacted as Public Chapter 0327 (effective
05/29/2009).
|
SB 0779
Overbey
HB 1127
Lundberg
|
Certificate of need requirements. Requires certificate of need
granted to an applicant by the health services and development agency to
include condition that such applicant provide a specified amount of
health services to indigent patients and TennCare or Medicaid patients.
(S: Overbey; H: Lundberg)
Senate Status: Taken off notice in Senate General Welfare
04/22/2009.
House Status: Referred to House Health Care Facilities
Subcommittee.
|
SB 0780
Overbey
HB
0570
Shepard
|
Conflict of interest policies of health related boards. Specifies
that conflict of interest policies of health related boards and
committees are not to be used to prohibit a persons from serving as an
officer or in a policy-making role in a trade or professional
organization. (S: Overbey; H: Shepard)
Senate Status: Referred to Senate General Welfare.
House Status: Referred to House Professional Occupations
Subcommittee.
|
SB 0850
Black
HB 1552
Harwell
Public Chapter (PDF)
|
Universal mental health testing of juveniles. Places restrictions
on universal mental health testing, or psychiatric or socioemotional
screening of juveniles. Requires certain consent by a juvenile's parent,
guardian, legal custodian, or caregiver before such testing can occur.
(S: Black; H: Harwell)
Senate Co-Sponsors: Burks; Gresham;
Beavers; Ketron; Crowe; McNally; Burchett; Tracy; Ramsey R.; Yager
Senate Status: Senate passed 03/23/2009.
House Status: House passed 04/20/2009.
Other Status: Enacted as Public Chapter 0127 (effective
07/01/2009).
|
SB 0852
Black
HB
0830
Jones S.
|
Isolation and restraint for mental health care. Enacts the
"Isolation and Restraint Modernization and Positive Behavioral Supports
Act" in order to prevent unreasonable, unsafe and unwarranted uses of
isolation and restraint practices. Allows for a child to be restrained
or isolated only if it is provided for in the child's family service
plan, except in situations used to assure the physical safety of the
child or others nearby. Requires department staff who must isolate or
restrain a child to report the incident to the child's case manager who
must record the use of isolation or restraint and the facts surrounding
such use. (S: Black; H: Jones S.)
Senate Status: Referred to Senate General Welfare.
House Status: House Public Health & Family Assistance
Subcommittee recommended 03/17/2010 with amendment 1.
|
SB 1063
Marrero
HB 1268
Favors
Public Chapter (PDF)
|
Awareness campaign regarding domestic violence. Requires division
of health-related boards to undertake statewide communication and
awareness effort to inform health care providers of applicable reporting
duties related to domestic violence. Removes the June 30, 2009, date
for repealing such duties. (S: Marrero; H: Favors)
House
Co-Sponsor: Sontany
Senate Status: Senate passed 06/08/2009.
House Status: House passed 06/11/2009.
Other Status: Enacted as Public Chapter 0513 (effective
06/25/2009).
|
SB 1241
Bunch
HB
0817
Campfield
|
Birth certificate - illegal immigrant's child. Prohibits
registration of a birth certificate for a child of an illegal immigrant
mother unless the father is a US citizen and he provides a written
agreement for financial support of child until age 18. (S: Bunch; H:
Campfield)
Senate Status: Taken off notice in Senate General Welfare
05/06/2009.
House Status: Taken off notice in House Health Care Facilities
Subcommittee 04/29/2009.
|
SB 1755
Marrero
HB 1585
Curtiss
|
Establishes certain debt collection standards. Adds the failure
by a hospital to accurately disclose to a consumer or the public the
cost of services for which the hospital seeks payment to the list of
unfair or deceptive acts under the Consumer Protection Act. Requires any
hospital that maintains a web site to make conspicuously available the
hospital's debt collection standards, policies and protections as well
as other specific information about the hospital. Establishes debt
collection standards for hospitals. (S: Marrero; H: Curtiss)
Senate Status: Senate Commerce, Labor & Agriculture
deferred to 05/05/2009.
House Status: Taken off notice in House Health Care Facilities
Subcommittee 04/29/2009.
|
SB 1907
Norris
HB 1545
DeBerry J.
Public Chapter (PDF)
|
Liability for delivery of services for a nominal charge. Exempts a
person licensed by the board of any of the professions of healing arts
from liability for civil damages resulting from the delivery of health
services for a nominal charge. (S: Norris; H: DeBerry J.)
Amendment: Senate amendment 1, as amended, clarifies that
this bill only applies to the "voluntary provision of health care
services". Under present law, "voluntary provision of health care
services" means providing the professional services of a health care
provider, in association with a sponsoring organization, without charge
to the recipient of the services or to a third party. This amendment as
amended revises this definition to remove the requirement that the
provision be "in association with a sponsoring organization". This
amendment as amended also revises the present law definition of
"sponsoring organization" to clarify that an organization charges
clients on a sliding scale according to income for the provision of
health care services in order for the organization to be a "sponsoring
organization".
Senate Status: The Senate returned the bill to the House to
await reconsideration of House amendment 1.
House Status: House re-passed 06/16/2009 after moving to
reconsider their actions in adopting amendment and withdrawing amendment
1.
Other Status: Enacted as Public Chapter 0581 (effective
07/01/2009).
|
SB 2071
Burks
HB 2337
Winningham
|
Requirements for home health companies. Requires home health
companies to obtain a waiver from the client or the client's attorney to
be able to perform the adult daily living requirements that are
necessary to keep the client in the client's home, including medication
assistance. Requires the home health company to keep a list of the
medications for which assistance is provided in the client's file. Also
requires home health agencies to be properly bonded and insured and
requires such agencies to do background checks on employees who assist
clients in their homes. Requires home health companies to provide
assistance with medication to clients. Requires background checks of
employees, recordkeeping, and waiver. (S: Burks; H: Winningham)
Senate Status: Senate General Welfare deferred to summer
study.
House Status: House Professional Occupations Subcommittee
deferred to 03/23/2010.
|
SB 2072
Burks
HB 2004
Curtiss
|
Protective services for disabled adults. Establishes that if
there is evidence that an adult is the victim of financial
misappropriation that threatens the adult's financial ability to pay for
necessary care, then the department may petition for the appointment of
a custodian and temporary guardian for a disabled adult. Clarifies that
if the adult has the financial means to pay for the legal process, then
the department must petition for the appointment of a conservator for a
disabled adult. (S: Burks; H: Curtiss)
Senate Status: Senate General Welfare deferred to summer
study.
House Status: Referred to House Judiciary Civil Practice
Subcommittee.
|
SB 2246
Kyle
HB
2255
Turner M.
|
Grandparents - issuance of vital records. Includes grandparents
and grandchildren on the list of relatives to whom a person's vital
records must be issued upon application. (Part of Administration
Package.) (S: Kyle; H: Turner M.)
Senate Status: Referred to Senate General Welfare.
House Status: Taken off notice in House Public Health &
Family Assistance Subcommittee 04/21/2009.
|
SB 2247
Kyle
HB
2266
Shepard
Public Chapter (PDF)
|
Health Data Reporting Act of 2009. Make changes to the list of
incidents that health care facilities must report to the department of
health. Removes the requirement that the department must provide the
board of licensing health care facilities, during the second quarter of
each year, an aggregate report summarizing the type, the number of
unusual events and other specific incidents for the preceding calendar
year. (S: Kyle; H: Shepard)
Senate Co-Sponsor: Stewart E.
House
Co-Sponsor: Turner M.
Amendment: House amendment 1 establishes the definitions
that apply to this legislation. Requires each facility to report
incidents of abuse, neglect, and misappropriation that occur at the
facility to the department within seven business days from the
facility's identification of the incident. Deletes the provision
requiring that within 40 days of the identification of the incident, the
facility shall file with the department a corrective action report for
each incident and instead requires the department to submit a written
report to the chairs of the senate general welfare committee and the
house health and human resources committee that specifically compares
and contrasts the 2007 and 2008 annual aggregate date reported to the
state with the aggregate date available from the product of surveys
performed of facilities conducted by the department.
Senate Status: Senate passed 05/14/2009.
House Status: House 04/27/2009 passed with amendment 1.
Other Status: Enacted as Public Chapter 0318 (effective
05/27/2009).
|
SB 2265
Kyle
HB
2336
Stewart M.
Public Chapter (PDF)
|
Inspection of medical records by department of health. Revises
requirements regarding health care providers making their medical
records available for inspection and copying by the department. Removes
the requirement that an independent reviewer must approve requests for
medical records in the context of an open complaint investigation or
pending survey. (Part of Administration Package) (S: Kyle; H: Stewart
M.)
Senate Co-Sponsor: Marrero
House Co-Sponsor:
Turner M.
Senate Status: Senate passed 04/27/2009.
House Status: House passed 04/13/2009.
Other Status: Enacted as Public Chapter 0188 (effective
05/07/2009).
|
SB 2295
Kyle
HB
2286
Hackworth
Public Chapter (PDF)
|
Registry of persons who have been abused or neglected. Clarifies
that the department of health must maintain a registry containing the
names of any persons who have been determined by Tennessee government
agencies as well as any state or federal court or any administrative
bodies to have abused, neglected, misappropriated or exploited the
property of vulnerable individuals. Further defines acts considered
exploitation. Provides instruction for the removal of individual's names
from the registry. (Part of Administration Package.) (S: Kyle; H:
Hackworth)
Senate Co-Sponsor: Overbey
House Co-Sponsor:
Turner M.
Senate Status: Senate passed 05/28/2009.
House Status: House passed 05/04/2009.
Other Status: Enacted as Public Chapter 0401 (effective
06/09/2009).
|
SB 2316
Kyle
HB
2265
Jones S.
Public Chapter (PDF)
|
Protection of vulnerable persons. Requires, for all new employees
or volunteers counted in staff/adult ratio or who have unsupervised
access to adults in adult day care and for all new department licensing
staff who provide services to adults in the DHS adult day care licensing
program and all new counselors and supervisors in the adult protective
services program or anyone applying to work with children in a child
care agency, detention center, or in any DHS position that may involve
contact with children or is 15 and resides in a child care agency, in
addition to criminal background checks, a review of the following: the
registry of persons who have abused, neglected, or misappropriated the
property of vulnerable individuals; the state sex offender registry;
records of indicated perpetrators of abuse of children or adults
maintained by DCS and DHS. Specifies that inclusion in any of such
records disqualifies a person from employment in adult day care or a
child care agency.
Requires any applicant for employment in a child care agency to disclose
any criminal, juvenile, registry or records history. Requires DHS to
conduct such review for employees of its licensing division and for
license applicants and operators. Requires DHS to suspend, deny, or
revoke the license or operator status of any person included in the
registries or records. Requires DCS and DHS to develop a procedure so
that the names of all potential employees or volunteers of DHS who may
have contact with children in a child care agency or with adults in an
adult day care agency licensed by DHS will be submitted to DCS to
determine if the person has perpetrated abuse or neglect against these
populations. (11 pp.) (Part of Administration Package) (S: Kyle; H:
Jones S.)
Senate Co-Sponsor: Henry
House Co-Sponsor:
Turner M.
Amendment: Senate amendment 1 rewrites the bill to require
DCS and DHS to develop a procedure whereby the names and other
identifying information for all potential employees of DHS in the
department's licensing division and adult protective services program
and any persons who may have contact with children in a child care
agency or with adults in an adult day care agency licensed by DHS, must
be submitted to DCS and DHS adult protective services program to
determine if the potential employees or other persons are found by DCS
or DHS adult protective services program to have perpetrated abuse or
gross neglect of a child or adult. Requires a review of the records and
registries set forth to be conducted for all new employees, or for
volunteers who are counted in the staff/adult participant ratio and
those volunteers who have unsupervised access to the adult participants
to include the following: criminal background history, juvenile records
history available to the TBI,
state's sex offender registry, and records of indicated perpetrators of
abuse maintained by DCS and DHS. Establishes that conviction by a
criminal court or adjudication by the juvenile court for an offense must
disqualify such a person from employment with, or from having any
access whatsoever to adults in an adult day care center and from
employment with the department as regulatory staff in the department's
adult day care licensing program and service staff in the adult
protective services program. Requires the following to complete a
disclosure form in a manner approved by the department disclosing
criminal records: a person applying to work with children as a paid
employee, director, or manager with a child care agency; a person who is
a new substitutes staff person, paid or unpaid, and who is to be used
by the child care agency; and a person 15 years or older who resides in a
child care agency. Establishes the minimum required information to be
included on a disclosure form.
Prohibits the child care agency or the department from allowing a person
to assume any role prior to the completion of a review of the criminal
history and juvenile records available to the TBI. Clarifies that the
failure of a child care agency to exclude a person with a prohibited
criminal, juvenile, vulnerable persons or sex offered registry or
perpetrator records will subject the agency to immediate suspension of
the agency's license by the department. Establishes that any person who
is excluded or whose license or operator status is denied or revoked
based upon the results of the disclosure form statement or background
check and criminal history check may appeal the exclusion to the
department within 10 days of the mailing date of the notice. Establishes
that it is unlawful for any person to falsify any information required
on the disclosure form and to do so is a Class A misdemeanor (24 pp.).
Senate Status: Senate 04/30/2009 passed with amendment 1.
House Status: House passed 05/26/2009.
Other Status: Enacted as Public Chapter 0410 (effective
10/01/2009).
|
SB 2329
Kyle
HB
2245
Turner M.
|
Director of division of health related boards - appointment. Deletes
requirement that the commissioner of the department of health appoint a
director of the division of health related boards from a list of three
nominees submitted by a committee composed of the chairs of certain
regulatory boards. Changes powers and duties of the director of the
division of health related boards. (Part of Administration Package) (S:
Kyle; H: Turner M.)
Senate Status: Referred to Senate General Welfare.
House Status: Referred to House Professional Occupations
Subcommittee.
|
SB 2495
Overbey
HB 2561
Richardson
|
Durable power of attorney requirements revised. Requires the
chief officer of a hospital or other residential service facility to
provide notice of admission to a recipient's attorney-in-fact acting
under a durable power of attorney for health care. Prohibits a treatment
review committee from overriding a decision made by the
attorney-in-fact. (S: Overbey; H: Richardson)
Senate Status: Referred to Senate General Welfare.
House Status: Referred to House Health Care Facilities
Subcommittee.
|
SB 2502
Haynes J.
HB 2504
Moore
|
Issuance of birth certificates by county clerks. Requires
department of health to implement a pilot program that allows county
clerks to issue certified copies of computer abstract birth certificates
to walk-in customers. (S: Haynes J.; H: Moore)
House Co-Sponsor:
Jones S.
Amendment: Senate amendment 4, House Health & Human
Resources Committee amendment 1 specifies that the pilot program would
only apply in Unicoi, McMinn, Tipton, Hamblen, Anderson, Hamilton, Knox,
Davidson, and Shelby counties. The pilot program would exist for only
four years, through the end of fiscal year 2013-2014, and would only be
implemented in one site within a county. Clarifies that the "state
registrar," instead of the "department of health," may promulgate
regulations or emergency rules to effectuate the provisions of the bill.
Requires the county clerk to remit to the department of health the
portion of any fee collected by regulations promulgated under the bill
that is due the state. Similarly, the county clerk must remit to any
local health department located within the county the portion of such
fee due such local health department in the manner prescribed by
contract. Senate amendment 3 includes Blount and Sevier counties to the
list of counties participating
in the pilot program.
Senate Status: Senate 03/04/2010 passed with amendments 4
& 3.
House Status: Set for House floor 03/22/2010.
|
SB 2563
Bunch
HB 2651
Brooks, Kevin
|
Colby Stansberry Act. Prohibits a health care provider from
releasing a patient's medical records to a person other than the patient
or the patient's authorized representative unless such release is
authorized through the informed consent of the patient. Specifies if a
patient dies or is incapacitated before obtaining the consent, the
release of the records is to be contingent upon receipt of the informed
consent of the patient's authorized representative. If the patient does
not have an authorized representative, the consent is to come from the
patient's next of kin. (S: Bunch; H: Brooks, Kevin)
Amendment: House Health & Human Resources Committee
amendment 1 deletes all language after the enacting clause and requires
health care providers to have a policy in place that limits the use and
disclosure of medical records, images, videos, or pictures intended to
be used for appropriate medical educational purposes. The policy must
include when and to whom it is appropriate to use and disclose the
patient's information and when a written authorization from the patient
or his or her authorized representative is required prior to use or
disclosure. Establishes a patient's next of kin as the authorized
representative for the patient if the patient becomes incapacitated or
dies and there is no legal representative for the patient. Any required
written authorization will meet the core requirements of federal law 45
CFR Parts 160 and 164.
Senate Status: Senate General Welfare deferred to 03/24/2010.
House Status: Referred to House Finance Budget Subcommittee.
|
SB 2833
Berke
HB
2808
McDonald
|
Medical services offered by nonprofits. Expands the scope of
medical services for certain individuals who are eligible for medical
assistance to include services provided by nonprofits created
specifically to care for related individuals with disabilities. (S:
Berke; H: McDonald)
Senate Co-Sponsor: Crowe
House
Co-Sponsor: Maggart
Senate Status: Senate General Welfare deferred to 03/24/2010.
House Status: House Professional Occupations Subcommittee
deferred to 03/23/2010.
|
SB 2959
Watson B.
HB 3049
Favors
|
Fees for medical records. Sets the maximum charge for medical
records request at $20 for the first five pages and then fifty cents for
each additional page. Places the maximum charge for medical records
delivered electronically at $50. (S: Watson B.; H: Favors)
Amendment: House Finance amendment 1 adds that a health care
provider shall not charge a fee for copying or notarizing a medical
record when requested by the department pursuant to a complaint,
inspection or survey as set forth in code. Specifies that charges by the
department of human services for copying and certifying medical records
requests shall remain the same as existed on January 1, 2010 and that
any increase shall not apply to requests for medical records made by the
department of human services. Allows records obtained for court
purposes for a $20 fee to abide by the rules of evidence so that they
may be submitted in court. House Judiciary Committee amendment 1 allows
records obtained for court purposes for a $20 fee to abide by the rules
of evidence so that they may be submitted in court.
Senate Status: Senate General Welfare 02/10/2010 recommended.
Sent to Senate Finance, Ways & Means.
House Status: Set for House floor 03/22/2010.
|
SB 3184
Watson B.
HB 3316
Matheny
|
Continuing appeals following the first appeal. Assesses all costs
against a person or entity for continuing appeals following the first
appeal challenging the decision of the health services and development
agency granting a certificate of need to a hospital filing the
application. (S: Watson B.; H: Matheny)
Senate Status: Referred to Senate General Welfare.
House Status: House Health Care Facilities Subcommittee deferred
to 03/24/2010.
|
SB 3232
Stewart E.
HB 3472
Naifeh
|
Judicial review of health services and development agency. Removes
Davidson County chancery court judicial review of actions of the health
services and development agency. (S: Stewart E.; H: Naifeh)
Senate Status: Referred to Senate General Welfare.
House Status: Referred to House Health Care Facilities
Subcommittee.
|
SB 3580
Ketron
HB
3017
Sargent
|
Hospital liens. Specifies that medical payments coverage is not
subject to hospital liens. Limits a hospital's recovery of damages for
lien impairment to the amount of the policy coverage. (S: Ketron; H:
Sargent)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Civil Practice
Subcommittee.
|
SB 3738
Bunch
HB
3261
Campfield
|
Birth certificates - paternity through DNA testing. Requires the
state registrar of vital records to create rules and regulations to
include on the birth certificate whether genetic or DNA paternity
testing is conducted. (S: Bunch; H: Campfield)
Senate Status: Referred to Senate General Welfare.
House Status: Referred to House Health & Human Resources.
House Government Operations will review if recommended.
|
INSURANCE AUTOMOBILES |
SB 1578
Ketron
HB 1664
Todd
|
Uninsured Motorist Stipulation of Benefits Act. Specifies that an
operator of a motor vehicle who does not have a complying liability
policy and is involved in an accident shall be deemed to have waived by
any right to recover against a complying policyholder for noneconomic
loss. Also specifies that such operator shall be able to recover, if at
all, only for an award covering economic loss. Clarifies that operator
deemed to have waived recovery pursuant to this subsection , in an
action against a complying policyholder, shall have the reward reduced
by an amount equal to the portion of the award representing compensation
for noneconomic losses. In such cases, prohibits a jury from being
informed of the waiver of any right to recovery. (S: Ketron; H: Todd)
Senate Status: Referred to Senate Commerce, Labor &
Agriculture.
House Status: Taken off notice in House Civil Practice
Subcommittee 04/21/2009.
|
SB 1816
Herron
HB
0705
Turner J.
|
Liability insurance required on vehicles operated in state. Requires
liability insurance be maintained on all motor vehicles operated in TN,
in accordance with the TN Financial Responsibility Law of 1977.
Requires that insurance companies notify division of financial
responsibility when coverage is terminated and specifies that any
insurance company that fails to provide such notice shall remain liable
to the extent of the original policy limits for any accident the policy
would have covered during the period of validity of the certificate or
until such notice is provided. Specifies that owner of motor vehicle has
30 days to obtain coverage again. (S: Herron; H: Turner J.)
Senate Status: Referred to Senate Commerce, Labor &
Agriculture.
House Status: House sponsor changed from Turner L. to Turner J.
on 02/11/2010.
|
SB 2399
Watson B.
HB 2838
Floyd
|
Requiring uninsured motorist coverage for all auto policies. Requires
insured motorists to include in their insurance policies to have
uninsured motorist coverage. (S: Watson B.; H: Floyd)
Senate Status: Withdrawn in Senate 02/18/2010.
House Status: Withdrawn in House 02/11/2010.
|
SB 2583
Tracy
HB 3716
Carr
|
Liability insurance required on all motor vehicles. Requires
liability insurance be maintained on all motor vehicles operated in
Tennessee. Requires insurance companies to notify the division of
financial responsibility when coverage on a vehicle is terminated.
Specifies that a vehicle owner who loses coverage has 30 days to obtain
coverage again. (S: Tracy; H: Carr)
Senate Status: Taken off notice in Senate Commerce, Labor
& Agriculture 02/09/2010.
House Status: Referred to House Transportation Public Safety
Subcommittee.
|
SB 2784
Burchett
HB 3076
Haynes R.
|
Liability insurance required on all motor vehicles. Requires that
all vehicle owners maintain liability insurance or vehicle registration
will terminate within 30 days on non-compliance. Mandates that
insurance companies electronically notify the department of revenue if a
resident's insurance is acquired, sold, or terminated. (S: Burchett; H:
Haynes R.)
Senate Status: Referred to Senate Commerce, Labor &
Agriculture.
House Status: Referred to House Transportation Public Safety
Subcommittee.
|
SB 3278
Burchett
HB 3357
Hackworth
|
Proof of insurance required before registration of vehicle. Requires
proof of insurance before registration or renewal of registration for a
motor vehicle will be issued. (S: Burchett; H: Hackworth)
Senate Status: Referred to Senate Commerce, Labor &
Agriculture.
House Status: Referred to House Transportation Public Safety
Subcommittee.
|
SB 3289
Burchett
HB 3178
Turner M.
|
Filing of claims in auto accident. Prohibits any person in an
automobile accident with an insured from filing a claim against the
insured's liability insurance if that person is not at fault. (S:
Burchett; H: Turner M.)
Senate Status: Taken off notice in Senate Commerce, Labor
& Agriculture 03/02/2010.
House Status: House Civil Practice Subcommittee deferred to
03/24/2010.
|
INSURANCE GENERAL |
SB 0923
Stanley
HB
0613
DeBerry J.
|
Changes to insurance coverage and spousal death. Prohibits an
insurance company from increasing its premiums or canceling coverage on
any insurance policy prior to the renewal or expiration date of the
policy for the sole reason that the spouse of a policy holder has died.
(S: Stanley; H: DeBerry J.)
Senate Status: Referred to Senate Commerce, Labor &
Agriculture.
House Status: Taken off notice in House Commerce Industrial
Impact Subcommittee 04/08/2009.
|
SB 1180
Tracy
HB 1438
Sargent
Public Chapter (PDF)
|
Assigned Risk Plan. Requires the commissioner of commerce and
insurance to approve a reasonable plan or plans for the apportionment
among companies licensed to issue automobile liability policies of
applicants who are in good faith entitled to, but are unable to, procure
such policies through ordinary methods. Authorizes such insurance
companies to employ or retain persons as are necessary to handle claims
and perform other duties of the plan or plans. (S: Tracy; H: Sargent)
Amendment: Senate amendment 1 rewrites the bill to create a
nonprofit, unincorporated entity to be known as the Tennessee Automobile
Insurance Plan. Requires all insurance companies licensed by the
department of commerce and insurance to write direct automobile
liability policies in the state to be members of the plan as a condition
of the companies' authority to transact insurance in the state.
Requires the plan, in a manner fair to the insurers and equitable to
their policy holders, to apportion among the member insurers those
applicants for automobile liability policies who are in good faith
entitled to, but are unable to, procure such policies through ordinary
methods. Establishes an eleven member governing committee for the plan.
Senate Status: Senate 04/20/2009 passed with amendment 1.
House Status: House 04/27/2009 concurred in Senate amendment 1.
Other Status: Enacted as Public Chapter 0183 (effective
05/07/2009).
|
SB 1286
Bunch
HB 1966
McCormick
|
Grievance and appeals process for review of coverage. Requires
health insurance entities to establish both internal and external
grievance and appeals processes to permit review of coverage and payment
determinations. (S: Bunch; H: McCormick)
Senate Status: Senate Commerce, Labor & Agriculture
deferred to 05/05/2009.
House Status: Referred to House Commerce Industrial Impact
Subcommittee.
|
SB 1364
Johnson J.
HB 1993
Sargent
Public Chapter (PDF)
|
Trade association agreements with pool participants. Requires
trade association which permits employers to enter into agreements to
pool their liabilities for purposes of qualifying as self-insurers to
have operating agreement -- or constitution or bylaws. Contains broad
caption. (S: Johnson J.; H: Sargent)
Amendment: Senate amendment 1 clarifies that a qualified
self-insured trust that has entered into a self-insurance loss portfolio
transfer agreement approved by the commissioner of commerce and
insurance with an insurer licensed in this state is not required to
annually submit a statement of financial condition audited by an
independent certified public accountant provided that the commissioner
has granted a request filed by the self-insured trust for exemption from
such annual submission of audited statement of financial condition.
Senate Status: Senate 04/20/2009 passed with amendment 1.
House Status: House passed 05/04/2009.
Other Status: Enacted as Public Chapter 0217 (effective
05/18/2009).
|
SB 1368
Johnson J.
HB 1526
Fitzhugh
|
Definition of fraudulent practices in Life Settlements Act. Revises
the Life Settlements Act to further define fraudulent or dishonest
practices by a licensee, applicant for renewal, or any officer, partner,
member or key management personnel. Defines as fraudulent the practice
of soliciting a person to purchase a life insurance policy for the
purpose of entering into a life settlement contract. (S: Johnson J.; H:
Fitzhugh)
Senate Status: Referred to Senate Commerce, Labor &
Agriculture.
House Status: Referred to House Judiciary Civil Practice
Subcommittee.
|
SB 2240
Kyle
HB
2304
Shepard
Public Chapter (PDF)
|
Info concerning insurer's market conduct. Requires insurance
companies to annually file with the commissioner of commerce and
insurance a statement providing information concerning the company's
market conduct for the year. Also requires the commissioner to
promulgate rules prescribing manner in which such statements are to be
filed. (Part of Administration Package.) (S: Kyle; H: Shepard)
Senate
Co-Sponsor: Tate
House Co-Sponsor: Turner M.
Amendment: Senate amendment 1 rewrites the bill. Requires
insurance providers in the state to file an annual statement of market
conduct with the Commissioner of Commerce and Insurance. Exempts
companies that write accident and health insurance from the annual
statement. Requires the Commissioner to promulgate rules to establish
the deadline for submission and content of the annual statement.
Authorizes the Commissioner to share the annual statements with the
National Association of Insurance Commissioners (NAIC) as long as the
recipient agrees to maintain confidentiality of the statement.
Senate Status: Senate 05/07/2009 passed with amendment 1.
House Status: House passed 05/28/2009.
Other Status: Enacted as Public Chapter 0383 (effective
06/09/2009).
|
SB 2284
Kyle
HB
2296
Gilmore
Public Chapter (PDF)
|
Tennessee Viatical Settlement Act of 2009. Enacts the "Tennessee
Viatical Settlement Act of 2009." Establishes standards for evaluating
reasonableness of payments under viatical settlement contracts for
persons who are terminally or chronically ill. Establishes appropriate
licensing requirements, fees and standards for continued licensure for
viatical settlement providers, brokers and viatical settlement
investment agents. Requires a bond or other mechanism for financial
accountability for viatical settlement providers and brokers. Adopts
rules governing the relationship and responsibilities of insurers and
viatical settlement providers, viatical settlement brokers and viatical
settlement investment agents during the viatication of a life insurance
policy or certificate. Establishes guidelines and standards of
permissible and impermissible conduct in the advertising of viatical
settlements to assure that product descriptions are presented in a
manner that prevents unfair,
deceptive, or misleading advertising, and is conducive to accurate
presentation and description of viatical settlements through the
advertising media and materials used by viatical settlement licensees.
(Part of Administration Package). (S: Kyle; H: Gilmore)
House
Co-Sponsor: Turner M.
Amendment: House amendment 1 expands the methods used by
viatical statement providers to prove financial responsibility.
Establishes procedures for rescission and reduces from 60 to 30 days the
authorized period for rescission of a viatical contract. Also reduces
from 30 to 15 days the authorized period for rescission after proceeds
have been paid. Reduces the possible violations deemed a fraudulent
viatical statement act that qualify for additional penalties. House
amendment 2 requires any person who commits a fraudulent viatical
settlement act to pay restitution in addition to any other penalty
required based on the greater amount of the value of property, services,
or benefit wrongfully obtained or the aggregate economic loss suffered
by the aggrieved person.
Senate Status: Senate passed 06/18/2009.
House Status: House 06/11/2009 passed with amendments 1 and 2.
Other Status: Enacted as Public Chapter 0604 (effective
08/11/2009).
|
SB 3557
Ketron
HB
3349
Curtiss
|
Sale of certain insurance products. Requires the commissioner of
the department of commerce and insurance to evaluate insurance products
being sold and the training and education from insurance producers
provided to determine which products have a sufficient amount of
education and training in order to develop a guideline for insurance
producers concerning which products may be sold based on the education
and training provided. Broadly captioned. (S: Ketron; H: Curtiss)
Senate Status: Referred to Senate State & Local
Government.
House Status: Caption bill held on House clerk's desk.
|
SB 3843
Kyle
HB 3832
Turner M.
|
Insurer's license is revoked or suspended: specifications. Clarifies
that an insurer whose license is revoked or suspended is an authorized
insurer for policies written while the company was properly licensed.
Clarifies that an insurer whose license is revoked or suspended is not
an unauthorized alien or foreign insurer for lawsuits concerning issues
arisen from policies issued when the insurer was properly licensed.
(Part of Administration Package) (S: Kyle; H: Turner M.)
Senate Status: Referred to Senate Commerce, Labor &
Agriculture.
House Status: Caption bill held on House clerk's desk.
|
INSURANCE HEALTH |
SB 0313
Black
HB 1761
Sargent
|
TN Small Business Employer Health Benefits Fund. Creates a
special account in the state treasury to be known as the "Tennessee
Small Business Employer Health Benefits Fund." Specifies that money in
the health benefits fund can only be expended in accordance with annual
appropriations approved by the general assembly. Also specifies that the
health benefits fund is to be used to provide grants to eligible small
business employers to reimburse moneys spent by such employers to
provide health care coverage to employees and employees' dependents. (S:
Black; H: Sargent)
Senate Status: Referred to Senate Commerce, Labor &
Agriculture.
House Status: Caption bill held on House clerk's desk.
|
SB 0321
Johnson J.
HB 0660
Sargent
|
Payment of medical claims for personal injury. Specifies that an
insurance entity that intentionally fails to pay a medical claim for
personal injuries until the statute of limitations has run on personal
tort actions violates the Consumer Protection Act. Also specifies that
such action by the insurance entity is grounds for the commissioner of
commerce and insurance to issue penalties against the insurance entity.
(S: Johnson J.; H: Sargent)
Senate Status: Referred to Senate Commerce, Labor &
Agriculture.
House Status: Caption bill held on House clerk's desk.
|
SB 0692
Southerland
HB 1906
Curtiss
|
Preferred Provider Organization Transparency Act. Enacts the
"Preferred Provider Organization Transparency Act." Requires that any
person that enters into direct contracts with providers for the delivery
of health care services to register with the department of commerce and
insurance unless the person is licensed by the department as an
insurer. Establishes specific registration requirements with the
department. Establishes rules for when and how an individual or entity
may grant access to a health care provider's health care services and
contractual discounts pursuant to a provider network contact. Requires
that such individuals and entities maintain a website or toll-free phone
number through which a health care provider can obtain a listing of the
third parties to which the individual or entity has executed contracts
to grant access to such provider's health care services and contractual
discounts pursuant to the provider network contract. Specifies which
provider network
contracts do not apply. (S: Southerland; H: Curtiss)
Senate Status: Senate Commerce, Labor & Agriculture
deferred to 04/28/2009.
House Status: Taken off notice in House Commerce Industrial
Impact Subcommittee 04/22/2009.
|
SB 0693
Southerland
HB 1907
Curtiss
Public Chapter (PDF)
|
Preferred Provider Organization Transparency Act. Enacts the
"Preferred Provider Organization Transparency Act." Requires that any
person that enters into direct contracts with providers for the delivery
of health care services to register with the department of commerce and
insurance unless the person is licensed by the department as an
insurer. Establishes specific registration requirements with the
department. Establishes rules for when and how an individual or entity
may grant access to a health care provider's health care services and
contractual discounts pursuant to a provider network contact. Requires
that such individuals and entities maintain a website or toll-free phone
number through which a health care provider can obtain a listing of the
third parties to which the individual or entity has executed contracts
to grant access to such provider's health care services and contractual
discounts pursuant to the provider network contract. This bill is also
known as the
"Silent PPO" bill. (S: Southerland; H: Curtiss)
Amendment: Senate amendment 1 makes the bill. Deletes all
"whereas" clauses and establishes that the contracting entities and
third party organizations included in the bill do not include any
self-funded employer sponsored health insurance plan regulated under the
Employee Retirement Income Security Act (ERISA) or any individual or
entity that provides administrative services to the self-funded employer
sponsored health plan. Requires an entity that enters into direct
contracts with providers for the delivery of health care services to
register with the Department of Commerce and Insurance within 30 days of
commencing business in the state or within 90 days of January 1, 2010
unless the entity is a health insurer. Deletes the Department's
authority to establish reasonable fees to offset the costs of
administering the provisions of the chapter. The Department will be able
to charge fees to offset the cost of establishing the registration
system. Senate amendment 2 makes a
technical correction by changing the phrase "the self-funded employer"
to "a self-funded employer."
Senate Status: Senate 05/28/2009 passed with amendments 1 and
2.
House Status: House passed 06/03/2009.
Other Status: Enacted as Public Chapter 0466 (effective
01/01/2010).
|
SB 0694
Southerland
HB 1584
Curtiss
|
Rental Network Contract Arrangements Act. Enacts the "Rental
Network Contract Arrangements Act." Requires that any person that enters
into direct contracts with providers for the delivery of health care
services to register with the department of commerce and insurance
unless the person is licensed by the department as an insurer.
Establishes registration requirements with the department. Establishes
rules for when and how an individual or entity may grant access to a
health care provider's health care services and contractual discounts
pursuant to a provider network contact. (S: Southerland; H: Curtiss)
Senate Status: Senate Commerce, Labor & Agriculture
deferred to 04/28/2009.
House Status: Referred to House Commerce Industrial Impact
Subcommittee.
|
SB 1580
Burchett
HB 1844
Harmon
|
Failing to timely pay a clean claim. Removes the current specific
penalty for a health insurance entity failing to timely pay a clean
claim from a provider and substitutes the general penalty for violation
of insurance statutes, rules, or orders. (S: Burchett; H: Harmon)
Senate Status: Referred to Senate Commerce, Labor &
Agriculture.
House Status: Referred to House Commerce Industrial Impact
Subcommittee.
|
SB 2490
Black
HB 2654
Maggart
|
TN Freedom of Choice in Health Care Act. Prohibits any statute,
common law, or rule from compelling, directly or indirectly, any person,
health care provider, or employer from participating in any health care
system. Broadly captioned. (S: Black; H: Maggart)
Senate Status: Referred to Senate Commerce, Labor &
Agriculture.
House Status: Referred to House Commerce Industrial Impact
Subcommittee.
|
SB 2931
Johnson J.
HB 2831
Lundberg
|
Creates system of independent review for denial of claims. Creates
a procedure for independent review of the total or partial denial of a
previously allowed claim by a person or entity whose purpose is a
business contract with health care providers for delivery of health care
services. Establishes the process for notification in such claims and
the allotted time each written or electronic notice must be made.
Requires the health care provider to file a request for independent
review within 365 calendar days of the date the health care provider
received the initial submitted claim denial. Requires the prevailing
party to be entitled to an award of reasonable attorney's fees and
expenses from the non-prevailing party, if the dispute between the
parties is not fully resolved prior to the entry of a final decision by
the court initially hearing the dispute. (S: Johnson J.; H: Lundberg)
House
Co-Sponsor: Johnson P.
Senate Status: Referred to Senate Commerce, Labor &
Agriculture.
House Status: Referred to House Commerce. House Government
Operations will review if recommended.
|
SB 3164
Tracy
HB 3717
Carr
|
Redefines Medicare supplement policy. Revises the definition of
"medicare supplement policy" to make such policies apply to insurance
for individuals who do not receive Medicare due to disabilities and who
are under age 65. (S: Tracy; H: Carr)
Amendment: House Commerce Industrial Impact Subcommittee
amendment 1 rewrites the bill. Requires insurers offering Medicare
supplement policies and certificates in TN to persons 65 or older to
also offer Medicare supplement policies to persons who are under 65
years old and eligible for and enrolled in Medicare by reason of
disability or end stage renal disease. Allows individuals who are under
65 years old and eligible for Medicare by reason of disability or end
stage renal disease to enroll in a Medicare supplement policy at anytime
authorized or required by federal government, or within six months
after the following: enrolling in Medicare Part B, or by January 1,
2011, whichever is later; the date of the notice that such person has
been retroactively enrolled in Medicare Part B due to a retroactive
eligibility decision made by the Social Security Administration; no
longer having access to alternative forms of health insurance coverage;
being involuntarily disenrolled
from Title XIX (Medicaid) or Title XXI (SCHIP) of the Social Security
Act. Allows for rates to differ among the different age groups provided
that the differences are based on sound actuarial principles. Requires,
five years from bill's enactment, the department of commerce and
insurance to conduct a study on the appropriateness of such separate
premium ratings.
Senate Status: Senate Commerce, Labor & Agriculture
deferred to 03/23/2010.
House Status: House Commerce Industrial Impact Subcommittee
deferred to 03/31/2010, after adopting amendment 1, which rewrites bill.
Requires insurers offering Medicare supplement policies to persons over
65 to also offer them to persons under 65 and eligible for and enrolled
in Medicare by reason of disability or end stage renal disease. Allows
such individuals to enroll in Medicare supplement policy at anytime
authorized by federal government, or within 6 months after specified
things occur. Allows for rates to differ among the different age groups
provided that the differences are based on sound actuarial principles.
Requires, five years from bill's enactment, the department of commerce
and insurance to conduct a study on the appropriateness of such separate
premium ratings.
|
SB 3177
Kelsey
HB
2417
Ramsey B.
|
Health-Care Choice Act. Allows foreign health insurers to offer
and provide individual and employer health benefits plans to residents
in this state if such insurers meet certain criteria. Defines foreign
individual health insurers as out-of-state insurers. Requires such
insurers to offer the same individual and small employer health benefits
plans in its permanent residence state and to be in compliance with all
applicable laws, regulations, and other requirements of its state. Also
requires the insurer to obtain a certificate of authority, using a form
proscribed by the commissioner of commerce and insurance, to do
business as a foreign health insurer in Tennessee. Requires the insurer
to participate in the Tennessee life and health insurance guaranty
association. Requires the insurer to submit a complete application and
application fee to the commissioner, provided that the commissioner will
not issue a certificate if: the insurer will not comply with the
provisions set forth
in this legislation; does not meet minimum capital, surplus, and reserve
requirements; is not subject to measures of regulator oversight equal
to or exceeding those of this state; or has not adopted procedures to
ensure compliance with all federal laws. Establishes that the
certificate is valid for two years from the date of issuance.
Establishes procedure for obtaining and renewing a certificate of
authority. Allows the commissioner to deny, revoke, or suspend a
certificate of authority to a foreign health insurer who no longer is in
compliance with any of the conditions set forth in this legislation.
Requires the commissioner to establish grievance and independent claims
review procedures. Requires a foreign health insurer to comply with the
Unfair Trade Practices and Unfair Claims Settlement Act of 2009.
Prohibits any rule promulgated by the commissioner from directly or
indirectly requiring the following: a foreign health insurer to modify
coverage or benefit requirements, or
restrict underwriting requirements; regulatory requirements that are
more stringent than those applicable to domestic carriers; or a foreign
health insurer to be countersigned by an insurance agent or broker
residing in this sate. (S: Kelsey; H: Ramsey B.)
House
Co-Sponsors: Evans; Dennis; Faulkner; Matheny; Shipley; Campfield;
Maggart; Hardaway; Bell; Rich; Hensley; Halford
Senate Status: Senate Commerce, Labor & Agriculture
deferred to 03/30/2010.
House Status: Referred to House Commerce Industrial Impact
Subcommittee.
|
SB 3498
Beavers
HB
3433
Bell
|
TN Health Freedom Act. Declares that the power to regulate health
care is not a federal power but belongs to the states according to the
Ninth and Tenth Amendment. Establishes that every person in the state is
able to choose or decline any mode of health care without penalty.
Authorizes the attorney general to seek an injunction or any other
appropriate relief in order to preserve the state's power. (S: Beavers;
H: Bell)
Senate Co-Sponsors: Tracy; Gresham; Black; Crowe;
Norris; Johnson J.; Watson B.; Ramsey R.; Faulk
House Co-Sponsors:
Weaver; Harwell
Amendment: Senate amendment 1 rewrites the bill and
clarifies that the federal government of the United States cannot
penalize nor threaten to penalize persons when choosing their own
healthcare services.
Senate Status: Senate 02/17/2010 passed with amendment 1.
House Status: Referred to House Commerce Industrial Impact
Subcommittee.
|
SB 3748
Bunch
HB
2725
Campfield
|
Health insurance: health benefit purchasing cooperatives. Enables
individuals and small businesses to create health benefit purchasing
cooperatives. Allows healthcare cooperatives to become nonprofit
corporations, pool together members' insurance risks for coverage, and
create three-year contracts for health insurance coverage. Directs the
healthcare cooperatives to provide reports to certain parties. (15 pp.)
(S: Bunch; H: Campfield)
Senate Status: Referred to Senate Commerce, Labor &
Agriculture.
House Status: Referred to House Commerce. House Government
Operations will review if recommended.
|
SB 3806
Johnson J.
HB 3940
Sargent
|
TN Health Carrier Grievance & External Review Procedure Act. Provides
standards for procedures by health carriers to assure that covered
persons and health care providers have the opportunity for the
resolution of grievances. (47 pp.) (S: Johnson J.; H: Sargent)
Senate
Co-Sponsors: Ketron; Tate
Senate Status: Senate Commerce, Labor & Agriculture
deferred to 03/23/2010.
House Status: Referred to House Commerce. House Government
Operations will review if recommended.
|
JUDICIARY |
SB 0035
Marrero
HB 0527
Coley
Public Chapter (PDF)
|
Denial of name change petition by court. Clarifies that names
changes are lawful unless the court has reason to believe that the
petition is being made to defraud or mislead, is not being made in good
faith, will cause injury to an individual, or will compromise public
safety. (S: Marrero; H: Coley)
Senate Status: Senate passed 05/28/2009.
House Status: House passed 05/11/2009.
Other Status: Enacted as Public Chapter 0385 (effective
07/01/2009).
|
SB 0045
Bunch
HB
0117
Bell
|
Contested case hearings. Authorizes appeals from contested case
hearings in any county in which the attorney general has an office.
Specifies such appeals shall be heard de novo. (S: Bunch; H: Bell)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Civil Practice
Subcommittee.
|
SB 0046
Bunch
HB
0116
Bell
|
Contested case appeals made directly to chancery court. Authorizes
any person involved in a contested case hearing to appeal directly to a
chancery court under UAPA and specifies those hearings granted will be
de novo. (S: Bunch; H: Bell)
Judicial Council comment: Judicial Council adopted and
released to full committee with additional remark that the requirement
that judicial review of contested administrative cases occur by a de
novo hearing will significantly increase the workload of the Attorney
General's office and the chancery court for Davidson County, where most
of these types of reviews are directed. In addition, the litigation
costs to the parties will be significantly increased as the requirements
call for the preparation for and presentation of two separate trials.
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Civil Practice
Subcommittee.
Other Status: Tennessee Judicial Council reviewed 04/02/2009 with
comment.
|
SB 0047
Bunch
HB
0115
Bell
|
Review of administrative contested case hearings. Permits filing
of a petition for review in contested case hearings. (S: Bunch; H: Bell)
Judicial Council comment: Judicial Council adopted and
released to full committee with additional remark that this legislation
establishes significant changes to the process of judicial review of
contested administrative cases. The Judicial Council noted that the
requirement that judicial review of contested administrative cases occur
by a de novo hearing will significantly increase the workload and
travel expenses for the Attorney General's office, as these matters
would be spread out statewide instead of largely concentrated in
Davidson County, where most such cases are currently directed. In
addition, the litigation costs to the parties will be significantly
increased as the requirements call for the preparation for and
presentation of two separate trials. Further, it may be difficult for
local judges to hear a review of a contested administrative hearing, as
conflicts may be more likely, especially in cases that garner local
media coverage. The council noted that the
current
system of judicial review of contested administrative cases appears to
be working and sees no reason the change the current process.
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Civil Practice
Subcommittee.
Other Status: Tennessee Judicial Council reviewed 04/02/2009 with
comment.
|
SB 0051
Bunch
HB 0428
Bell
|
Meetings of judicial selection commission on vacancies. Requires
meetings of judicial selection commission regarding judicial vacancies
to be held in public. (S: Bunch; H: Bell)
Judicial Council comment: Judicial Council adopted and
released to full committee with additional remark that the legislature
should adopt some method of judicial selection and retention, so as not
to place the judicial system, its litigants and citizens in general at a
disadvantage in providing and obtaining justice. Adopting no method of
judicial selection and retention would leave the judicial system with no
method of filling vacancies on either the appellate court or trial
court level. The council encouraged the consideration of the time of
extension of the sunset deadlines with regard to the relationship
between the sunset date and the date of elections. The termination of
either or both of these entities on June 30 in the year immediately
prior to a year in which regular August elections are held would create
uncertainty about what system of selection would govern that upcoming
election. Any method of judicial selection and retention adopted should
contain a provision
for
selection based upon a process of evaluating the merit of applicants to
fill a vacancy and that yes-no retention elections be retained for
appellate court judges. There does not appear to be a reason to require
that election by yes-no retention be accomplished by anything other than
a traditional majority vote. The council did question the complications
associated with legislation that would require the election of Supreme
Court justices by judicial district upon creation of five newly
established judicial districts. Such election may cause conflict with
constitutional provisions concerning the geographical representation on
the state supreme court. The requirements proposed in some legislation
with regard to senate confirmation of gubernatorial appointments could
cause substantial delay in the filling of vacancies which occur while
the legislature is not in session. The council recognized that the
majority of criticism of the current provisions of the Tennessee Plan is
directed toward
the makeup of the Judicial Selection Commission and the process by which
members are selected for the commission. While there is no consensus on
the Judicial Council concerning the most appropriate makeup of the
commission and the process by which members are appointed to the
commission, the council noted that allowing for nominations to the
commission by party caucus injects politics into a process despite the
stated intent to make the courts "nonpolitical." Further, the council
agreed that any provision concerning the makeup of any commission make
clear statements concerning the goal of diversity on the commission with
regard to ethnicity, gender and the geographical grand divisions of the
state.
Senate Status: Referred to Senate Judiciary.
House Status: Withdrawn in House 01/27/2010.
Other Status: Tennessee Judicial Council reviewed 04/02/2009 with
comment.
|
SB 0057
Bunch
HB 0667
Casada
|
General sessions courts in counties with over 100,000. Requires
at least three full-time general sessions judges presiding over a
required three divisions of general sessions courts in each TN county
with a population over 100,000 according to the 2010 federal census.
(Currently, according to the 2000 federal census, the following counties
have over 100,000 people: Shelby, Davidson, Knox, Hamilton, Rutherford,
Sullivan, Montgomery, Sumner, Williamson, Washington, and Blount.) (S:
Bunch; H: Casada)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Civil Practice
Subcommittee.
|
SB 0061
Bunch
HB 0426
Bell
|
Meetings of judicial selection commission on vacancies. Requires
meetings of judicial selection commission regarding judicial vacancies
to be held in public. (S: Bunch; H: Bell)
Judicial Council comment: Judicial Council adopted and
released to full committee with additional remark that the legislature
should adopt some method of judicial selection and retention, so as not
to place the judicial system, its litigants and citizens in general at a
disadvantage in providing and obtaining justice. Adopting no method of
judicial selection and retention would leave the judicial system with no
method of filling vacancies on either the appellate court or trial
court level. The council encouraged the consideration of the time of
extension of the sunset deadlines with regard to the relationship
between the sunset date and the date of elections. The termination of
either or both of these entities on June 30 in the year immediately
prior to a year in which regular August elections are held would create
uncertainty about what system of selection would govern that upcoming
election. Any method of judicial selection and retention adopted should
contain a provision
for
selection based upon a process of evaluating the merit of applicants to
fill a vacancy and that yes-no retention elections be retained for
appellate court judges. There does not appear to be a reason to require
that election by yes-no retention be accomplished by anything other than
a traditional majority vote. The council did question the complications
associated with legislation that would require the election of Supreme
Court justices by judicial district upon creation of five newly
established judicial districts. Such election may cause conflict with
constitutional provisions concerning the geographical representation on
the state supreme court. The requirements proposed in some legislation
with regard to senate confirmation of gubernatorial appointments could
cause substantial delay in the filling of vacancies which occur while
the legislature is not in session. The council recognized that the
majority of criticism of the current provisions of the Tennessee Plan is
directed toward
the makeup of the Judicial Selection Commission and the process by which
members are selected for the commission. While there is no consensus on
the Judicial Council concerning the most appropriate makeup of the
commission and the process by which members are appointed to the
commission, the council noted that allowing for nominations to the
commission by party caucus injects politics into a process despite the
stated intent to make the courts "nonpolitical." Further, the council
agreed that any provision concerning the makeup of any commission make
clear statements concerning the goal of diversity on the commission with
regard to ethnicity, gender and the geographical grand divisions of the
state.
Senate Status: Referred to Senate Judiciary.
House Status: Withdrawn in House 01/27/2010.
Other Status: Tennessee Judicial Council reviewed 04/02/2009 with
comment.
|
SB 0062
Bunch
HB 0318
Kelsey
|
Judicial districts based on population rather than caseload. Requires
judicial council to submit a plan, by January 1, 2010, to the general
assembly to reconstitute the existing judicial districts based on
population so that each district consists of substantially equal
population. Requires general assembly to make future determinations
regarding reallocation of judicial positions exclusively based on
population. (S: Bunch; H: Kelsey)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Civil Practice
Subcommittee.
|
SB 0068
Bunch
HB 0258
Watson E.
|
Knox County - exemption from jury service reform act. Exempts
Knox County from jury service reform act that took effect January 1,
2009. Specifies that law in effect prior to such date governs juries and
jury panels in Knox County. (S: Bunch; H: Watson E.)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Civil Practice
Subcommittee.
|
SB 0148
Ketron
HB 0444
Cobb T.
|
Creation of new court in 22nd judicial district. Creates an
additional circuit court in the twenty second judicial district
effective July 1, 2009. Requires the governor to appoint a person to
serve as judge of the newly created circuit court until September 1,
2010, or until the person's successor is elected and qualified.
Specifies that the voters in the August 2010 election will elect a
person to this judgeship to hold office until September 1, 2014 and
clarifies his successor's term will be the full eight years. Establishes
one more assistant district attorney general position and one more
assistant district public defender position for the district. (S:
Ketron; H: Cobb T.)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Criminal Practice
Subcommittee.
|
SB 0307
Barnes
HB 0409
Pitts
Public Chapter (PDF)
|
Continuing education for judicial commissioners. Requires each
judicial commissioner to complete 12 hours of continuing education each
calendar year. Establishes guidelines for the distribution of hours
among a variety of classes. Requires each county to maintain records of
satisfactory completion of the continuing education requirements for at
least 7 years. (S: Barnes; H: Pitts)
Senate Status: Senate passed 06/16/2009.
House Status: House passed 06/17/2009.
Other Status: Enacted as Public Chapter 0503 (effective
06/25/2009).
|
SB 0312
Black
HB 0619
Maggart
Public Chapter (PDF)
|
Videotaped statement of child under 13 as evidence. Allows a
videotaped statement made by a child under the age of 13 years
describing any act of sexual contact or physical abuse to be admitted as
evidence if child is determined by the court to be unavailable and the
court finds that the circumstances of the statement provide sufficient
indicia of reliability. (S: Black; H: Maggart)
House Co-Sponsors:
Sontany; Coleman; Dean; Bass; Casada; Jones S.; Shipley; Eldridge; Carr
Amendment: House amendment 1 makes the bill. Allows a video
recording of an interview with a child under the age of 13 containing a
statement by the child describing any act of sexual abuse to be
admissible as evidence in court. Requires the videotaped interview to be
conducted by a forensic interviewer. Sets out several qualifications
that the forensic interviewer must meet. Requires that the child
testifies or is available to testify. Requires the court to consider
various factors in determining whether the videotaped statement
possesses guarantees of trustworthiness. Provides that the video
recording admitted under the law shall be discoverable pursuant to the
Tennessee rules of criminal procedure. Requires the court to make
specific findings of fact as to its rulings under the new law. Requires
the court to enter a protective order to restrict the video recording
used pursuant to this section from further disclosure or dissemination.
Prohibits the video recording from
becoming a public record.
Senate Status: Senate passed 05/28/2009.
House Status: House 05/14/2009 passed with amendment 1.
Other Status: Enacted as Public Chapter 0413 (effective
07/01/2009).
|
SB 0379
Johnson J.
HB 1086
Lynn
|
Judicial Selection Commission - appointment process, panels. Requires
judicial selection commission be composed of 14 lawyer members and
three nonlawyer members. Requires senate speaker and the house speaker
to each appoint seven lawyer members, with no more than three being from
any one grand division, and one nonlawyer member. Requires the speakers
to appoint jointly the third nonlawyer member. Specifies that the three
nonlawyer members must be from different grand divisions. Clarifies
that a person on a first panel of nominees rejected by the governor
shall not be eligible to be on the second panel of nominees. (S: Johnson
J.; H: Lynn)
House Co-Sponsors: Cobb J; Kernell
Judicial Council comment: Judicial Council adopted and
released to full committee with additional remark that the legislature
should adopt some method of judicial selection and retention, so as not
to place the judicial system, its litigants and citizens in general at a
disadvantage in providing and obtaining justice. Adopting no method of
judicial selection and retention would leave the judicial system with no
method of filling vacancies on either the appellate court or trial
court level. The council encouraged the consideration of the time of
extension of the sunset deadlines with regard to the relationship
between the sunset date and the date of elections. The termination of
either or both of these entities on June 30 in the year immediately
prior to a year in which regular August elections are held would create
uncertainty about what system of selection would govern that upcoming
election. Any method of judicial selection and retention adopted should
contain a provision
for
selection based upon a process of evaluating the merit of applicants to
fill a vacancy and that yes-no retention elections be retained for
appellate court judges. There does not appear to be a reason to require
that election by yes-no retention be accomplished by anything other than
a traditional majority vote. The council did question the complications
associated with legislation that would require the election of Supreme
Court justices by judicial district upon creation of five newly
established judicial districts. Such election may cause conflict with
constitutional provisions concerning the geographical representation on
the state supreme court. The requirements proposed in some legislation
with regard to senate confirmation of gubernatorial appointments could
cause substantial delay in the filling of vacancies which occur while
the legislature is not in session. The council recognized that the
majority of criticism of the current provisions of the Tennessee Plan is
directed toward
the makeup of the Judicial Selection Commission and the process by which
members are selected for the commission. While there is no consensus on
the Judicial Council concerning the most appropriate makeup of the
commission and the process by which members are appointed to the
commission, the council noted that allowing for nominations to the
commission by party caucus injects politics into a process despite the
stated intent to make the courts "nonpolitical." Further, the council
agreed that any provision concerning the makeup of any commission make
clear statements concerning the goal of diversity on the commission with
regard to ethnicity, gender and the geographical grand divisions of the
state.
Senate Status: Taken off notice in Senate Judiciary
05/06/2009.
House Status: Referred to House Judiciary Civil Practice
Subcommittee.
Other Status: Tennessee Judicial Council reviewed 04/02/2009 with
comment.
|
SB 0426
Bunch
HB 0600
Kelsey
|
General assembly to redistrict the judicial districts. Requires
the general assembly to redistrict the judicial districts by November 1,
2010, and every ten years thereafter, to reflect the growth and shifts
in population. (S: Bunch; H: Kelsey)
Judicial Council comment: Judicial Council adopted and
released to full committee with additional remark that each judicial
district currently has different numbers of judges. Current judicial
districts were designated based upon a number of factors, one of which
is population, though population is not the primary factor of
consideration. Establishing judicial districts based solely on
population would eliminate a number of existing judgeships and require
the need to create judgeships in other areas of the state.
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Civil Practice
Subcommittee.
Other Status: Tennessee Judicial Council 04/02/2009 reviewed the
bill with no comment.
|
SB 0475
Berke
HB
0067
Fincher
Public Chapter (PDF)
|
Awarding attorney fees and expenses. Specifies that if the court
grants a motion to quash a subpoena issued pursuant to deponents exempt
from subpoena to trial but subject to subpoena to deposition, the court
may award the party subpoenaed its reasonable attorney's fees and
expenses incurred in defending against the subpoena. (S: Berke; H:
Fincher)
Senate Status: Senate passed 04/02/2009.
House Status: House passed 03/12/2009.
Other Status: Enacted as Public Chapter 0055 (effective
04/14/2009).
|
SB 0480
Bunch
HB 0601
Bell
|
Composition of judicial selection commission. Decreases
membership of judicial selection commission from 17 to four and changes
composition of the judicial selection commission. Specifies that all
meetings and records of the commission are to be open to the public.
Requires judicial applicants to provide a complete work and credit
history and to submit to criminal records background checks. Requires
that certain judges be elected by voters within the respective grand
divisions of the state. (S: Bunch; H: Bell)
Judicial Council comment: Judicial Council adopted and
released to full committee with additional remark that the legislature
should adopt some method of judicial selection and retention, so as not
to place the judicial system, its litigants and citizens in general at a
disadvantage in providing and obtaining justice. Adopting no method of
judicial selection and retention would leave the judicial system with no
method of filling vacancies on either the appellate court or trial
court level. The council encouraged the consideration of the time of
extension of the sunset deadlines with regard to the relationship
between the sunset date and the date of elections. The termination of
either or both of these entities on June 30 in the year immediately
prior to a year in which regular August elections are held would create
uncertainty about what system of selection would govern that upcoming
election. Any method of judicial selection and retention adopted should
contain a provision
for
selection based upon a process of evaluating the merit of applicants to
fill a vacancy and that yes-no retention elections be retained for
appellate court judges. There does not appear to be a reason to require
that election by yes-no retention be accomplished by anything other than
a traditional majority vote. The council did question the complications
associated with legislation that would require the election of Supreme
Court justices by judicial district upon creation of five newly
established judicial districts. Such election may cause conflict with
constitutional provisions concerning the geographical representation on
the state supreme court. The requirements proposed in some legislation
with regard to senate confirmation of gubernatorial appointments could
cause substantial delay in the filling of vacancies which occur while
the legislature is not in session. The council recognized that the
majority of criticism of the current provisions of the Tennessee Plan is
directed toward
the makeup of the Judicial Selection Commission and the process by which
members are selected for the commission. While there is no consensus on
the Judicial Council concerning the most appropriate makeup of the
commission and the process by which members are appointed to the
commission, the council noted that allowing for nominations to the
commission by party caucus injects politics into a process despite the
stated intent to make the courts "nonpolitical." Further, the council
agreed that any provision concerning the makeup of any commission make
clear statements concerning the goal of diversity on the commission with
regard to ethnicity, gender and the geographical grand divisions of the
state.
Senate Status: Referred to Senate Judiciary.
House Status: Withdrawn in House 01/27/2010.
Other Status: Tennessee Judicial Council reviewed 04/02/2009 with
comment.
|
SB 0518
McNally
HB 1700
Watson E.
|
Exclusionary Rule Reform Act. Enacts the "Exclusionary Rule
Reform Act." States that any evidence that is obtained as a result of a
search or seizure will not be excluded in a proceeding in a state court
on the ground the search or seizure was in violation of the 4th
amendment to the Constitution of the United States when the search or
seizure was carried out in circumstances justifying an objectively
reasonable belief that it was in conformity with the 4th Amendment. (S:
McNally; H: Watson E.)
Amendment: Senate amendment 1, House Judiciary amendment 1
removes the provision whereby the fact that evidence was obtained
pursuant to and within the scope of a warrant constitutes prima facie
evidence of the existence of such circumstances. Senate amendment 5,
House Judiciary amendment 2 deletes the language that specifies the bill
cannot be construed to require or authorize the exclusion of evidence
in any proceeding.
TN Judicial Council Comment: The Judicial Council believes
that it would be more appropriate for this evidentiary issue to be
considered by the Advisory Commission on the Rules of Practice and
Procedure. Moreover, the sponsor may wish to consider whether a
reference to the Constitution of the United States is adequate to
accomplish the purpose of the bill, or if a reference to Tennessee's
Constitution is necessary.
Senate Status: Senate 05/18/2009 passed with amendments 1 and
5.
House Status: Failed in House Judiciary 05/19/2009 after adopting
amendments 1 & 2.
Other Status: Tennessee Judicial Council reviewed 03/19/2009 with
comment.
|
SB 0523
McNally
HB 1832
Turner M.
Public Chapter (PDF)
|
Privileged communication for crisis intervention. Requires that
all communications between a critical incident stress management team
member or team leader and a group or person participating in a crisis
intervention be considered confidential unless otherwise required by
law. (S: McNally; H: Turner M.)
Amendment: House amendment 1 creates testimonial privilege
regarding any information obtained solely through participation in a
crisis intervention. Testimonial privilege does not apply if the
communication indicates the existence of danger to the individual who
receives crisis response services or to any other person. Indicates the
existence of past child abuse or neglect of the individual, abuse of an
adult, or family violence and the existence of past or present acts
constituting an intentional tort or crime, provided the applicable
statute of limitations has not expired or all parties involved in the
crisis intervention expressly waive the privilege and consent to the
testimony.
Senate Status: Senate 05/14/2009 concurred in House amendment
1.
House Status: House 05/07/2009 passed with amendment 1.
Other Status: Enacted as Public Chapter 0332 (effective
07/01/2009).
|
SB 0579
Jackson
HB 1111
Shepard
|
Limit on presumption of medical bills in civil action. Establishes
that the $4,000 limit on presumption that medical bills attached to
complaint in a civil action were necessary and reasonable applies
regardless of the total amount of the bills incurred or paid. (S:
Jackson; H: Shepard)
Senate Status: Taken off notice in Senate Judiciary
04/23/2009.
House Status: Referred to House Judiciary Civil Practice
Subcommittee.
|
SB 0586
Beavers
HB
0182
Casada
|
Date of process shown - penalty for violation. Increases penalty
for failure to note date of process from $125 to $150. (S: Beavers; H:
Casada)
Senate Status: Referred to Senate Judiciary.
House Status: Caption bill held on House clerk's desk.
|
SB 0593
Beavers
HB
0177
Casada
|
Final judgments to include full name of parties. Requires a final
judgment to include the full name of each person against whom a
judgment is rendered, if known to the prevailing party. (S: Beavers; H:
Casada)
Senate Status: Referred to Senate Judiciary.
House Status: Caption bill held on House clerk's desk.
|
SB 0594
Beavers
HB
0175
Casada
|
Judgment appeals in civil actions. Changes time frame that appeal
from judgment of a municipal recorder or officer in a civil action may
be made. (S: Beavers; H: Casada)
Senate Status: Referred to Senate Judiciary.
House Status: Caption bill held on House clerk's desk.
|
SB 0646
Marrero
HB
0681
Cooper B.
|
Creates unified family court pilot program. Authorizes any county
to create a unified family court pilot program if approved by a
majority vote of the county legislative body and gives the selected
court the authority to develop all aspects of the pilot program. Allows
the court chosen as the unified family court to exercise exclusive and
concurrent jurisdiction over most judicial proceedings except appeal.
Requires the county legislative body to select an entity to conduct an
independent study of the pilot program measuring improvements in the
judicial system's response to family involvement in the judicial system.
Requires the judge of the court chosen to conduct the unified family
court pilot program to adopt local court rules directing the program
with certain training requirements. (S: Marrero; H: Cooper B.)
House
Co-Sponsor: Jones S.
TN Judicial Council Comment: The Judicial Council expressed
that the unified family court plan would alleviate the stress and
confusion to those families served by the courts while also recognizing
that the plan is ambitious. The Judicial Council noted that certain
issues need to be addressed, such as to what court appeals from the
unified family courts should be directed; the openness of proceedings
and records, as some of matters over which the unified family court
would exercise jurisdiction would not be open if heard in the juvenile
courts; and, the challenges associated with the maintenance and filing
of court records, as the different types of matters brought into the
unified family court may be traditionally kept by other court clerks.
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Civil Practice
Subcommittee 04/28/2009.
Other Status: Tennessee Judicial Council reviewed 03/19/2009 with
comment.
|
SB 0647
Marrero
HB
0676
Cooper B.
|
Litigant's bill of rights to be posted in court. Requires the
administrative office of the courts to develop and post signs in each
courtroom in the state that details a "Litigant's Bill of Rights." (S:
Marrero; H: Cooper B.)
TN Judicial Council Comment: The Judicial Council expressed
concern that there is no codification or other definition of the
"Litigant's Bill of Rights," making the reference in the legislation
vague. Further, there is no assignment to any person, group or
governmental entity to develop a "Litigant's Bill of Rights." In
addition, it would be necessary to determine whether permission for the
state to post signs in a county or municipal building would need to be
obtained. The Judicial Council noted that this issue may be a matter
best addressed by Supreme Court Rule, as a matter of administration of
the judicial system. Finally, it was pointed out that the fiscal note
does not contemplate the translation of the sign into multiple foreign
languages, nor does it contemplate updates to signs that may become
necessary by changes in the law.
Senate Status: Referred to Senate Judiciary.
House Status: House Civil Practice Subcommittee deferred to
summer study.
Other Status: Tennessee Judicial Council reviewed 03/19/2009 with
comment.
|
SB 0648
Marrero
HB
0680
Cooper B.
|
Video recording of any public proceeding in court. Requires a
judge to allow any person to videotape or record any court proceeding
that is open to the public. Requires the juvenile court to record both
audio and video of every proceeding. (S: Marrero; H: Cooper B.)
TN Judicial Council Comment: The Judicial Council noted that
the language of the bill with regard to the allowing to videotape in
courts of record is mandatory - "shall permit" - rather than permissive.
This does not allow for judicial discretion and may result in a
disruption to the court. Further, there is no consideration given to
safeguarding jurors and juror identity, which may be compromised by the
posting of videos on news broadcasts or the internet. The bill does not
address the admissibility of these recordings in other court
proceedings, nor does it provide a process to certify their accuracy. In
courts of record, there are no official recordings of civil matters.
With regard to the audio/video recordings of juvenile court, the
Judicial Council observed that this places a cost burden on county
governments. The Judicial Council observed that the Supreme Court
currently has a Supreme Court Rule concerning the use of cameras in the
courtroom by the media.
Senate Status: Senate Judiciary deferred to 04/29/2009.
House Status: Taken off notice in House Civil Practice
Subcommittee 02/17/2010.
Other Status: Tennessee Judicial Council reviewed 03/19/2009 with
comment.
|
SB 0683
Woodson
HB
0403
Sontany
Public Chapter (PDF)
|
Sexual relationship with a party or party's attorney. Prohibits
any person from recording or transcribing for submission to any court or
administrative tribunal any hearing in an action involving a party or a
party's attorney if that person has, or has had in the past two years, a
sexual relationship with such party or such party's attorney. (S:
Woodson; H: Sontany)
Amendment: Senate amendment 1 rewrites the bill. Prohibits
the taking of a deposition before a person who is: (1) A party to the
action or an attorney for one of the parties; (2) A relative, including a
spouse, of one of the parties or of an attorney for one of the parties;
(3) An employee of one of the parties or of an attorney for one of the
parties; (4) Someone who has, or has had during the past two years, a
sexual relationship with one of the parties or with an attorney for one
of the parties; or (5) Someone with a financial interest in the action
or its outcome. Authorizes a deposition to be taken before a person
described in (1) through (5) if all of the parties enter into a written
stipulation pursuant to Rule 29 of the Rules of Civil Procedure.
Requires any person before whom a deposition is to be taken to disclose
to the parties in a timely fashion the existence of any facts known to
such person which are relevant to the factors set forth in (1) through
(5).
Specifies that it will be a Class C misdemeanor for any person to take a
deposition and knowingly fail or refuse to disclose any facts required
by (1) through (5). Specifies that any lawyer or lawyer's agent may
operate video equipment in the case of a videotaped deposition. A
deposition taken by a person described in (1) through (5) will be
voidable at the election of any party unless the parties have stipulated
otherwise, an appropriate court order prohibits such election, or the
party attempting to void the deposition violated the provisions of this
amendment directly or through a related person described (1) through
(5). An election to void a deposition pursuant to this amendment must be
made within 30 days of discovery of the violation. Prohibits any person
who is forbidden to take a deposition in an action pursuant to the
provisions of this amendment from recording or transcribing for
submission to any court or administrative tribunal any hearing before
any court or
administrative agency concerning such action.
Senate Status: Senate 04/20/2009 passed with amendment 1.
House Status: House passed 05/26/2009.
Other Status: Enacted as Public Chapter 0427 (effective
07/01/2009).
|
SB 0790
Overbey
HB 0974
McCord
|
Study by AOC. Requires the administrative office of the courts,
in consultation with the Tennessee court clerks' association and the
department of finance and administration, to study the efficiency of
requiring a transfer of funds between a county government and a court
clerk to close case files for indigent criminal defendants. Broadly
captioned. (S: Overbey; H: McCord)
Judicial Council comment: Judicial Council adopted and
released to full committee with additional remark that as written, the
bill only requires a study to be performed rather than accomplishing the
underlying accounting changes that the bill proponents seek. An
amendment would need to be added to the bill to accomplish the change in
the accounting transactions described to the council.
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Civil Practice
Subcommittee.
Other Status: Tennessee Judicial Council reviewed 03/26/2009 with
comment.
|
SB 0817
Norris
HB 1149
Kelsey
|
Civil procedure and civil causes of action. Specifies that in
certain civil actions in which the plaintiff makes a demand for monetary
damages, the extent, amount and other relevant information concerning
any liability insurance coverage the defendant has is discoverable under
rules of civil procedure regardless of whether the information may or
may not lead to the discovery of admissible evidence. Broadly captioned.
(S: Norris; H: Kelsey)
Judicial Council comment: Judicial Council adopted and
released to full committee with additional remark that this legislation
appears to be in response to a recent Tennessee Supreme Court decision
which referred the issue of the discoverability of insurance policies
and insurance policy limits to the Advisory Commission on the Rules of
Practice and Procedure ("Rules Commission") for consideration. It is the
understanding of members of the council that this matter has been
calendared for consideration by the Rules Commission. It is noted that
the Federal Rules of Civil Procedure do allow for the discovery of
insurance policies and policy limits.
Senate Status: Referred to Senate Judiciary.
House Status: Caption bill held on House clerk's desk.
Other Status: Tennessee Judicial Council reviewed 04/02/2009 with
comment.
|
SB 0838
McNally
HB 1402
Fitzhugh
|
Creates additional district attorney general positions. Creates
12 additional assistant district attorney general positions by October
1, 2009. (S: McNally; H: Fitzhugh)
House Co-Sponsors: Coleman;
Bass; Fincher; Sontany; Lundberg; Watson E.; Dennis
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Criminal Practice
Subcommittee.
|
SB 0983
Berke
HB
0699
Fincher
Public Chapter (PDF)
|
Administering of required oath to judges. Allows an inferior
court judge to administer an oath to judges and chancellors in the
presence of a retired judge, a retired chancellor or a retired judge of
the court of general assembly. (S: Berke; H: Fincher)
Amendment: House amendment 1 changes the effective date to
July 1, 2010.
Senate Status: Senate passed 02/22/2010.
House Status: House 02/18/2010 passed with amendment 1.
Other Status: Enacted as Public Chapter 0620 (effective
07/01/2010).
|
SB 1094
Stanley
HB 1212
Coley
Public Chapter (PDF)
|
Domestic violence division of general sessions court. Requires
the county commission of each county with more than one division of
general sessions court to designate one division as the domestic
violence division, which has exclusive jurisdiction over matters
involving domestic violence, orders of protection, domestic assault and
all other cases incident to domestic abuse. (S: Stanley; H: Coley)
House
Co-Sponsors: DeBerry J.; Todd; McManus; Cooper B.; Jones S.; Towns;
DeBerry L.; Camper; Richardson; Miller L.; Kernell; Lollar; Hardaway;
Moore; Favors
Amendment: House amendment 1 makes the bill. Requires the
tenth division of the Shelby County general sessions court to serve as
the domestic violence court for Shelby County in order to maximize and
concentrate limited prosecutorial, counseling and other social resources
to victims of domestic violence. Gives this court the exclusive
jurisdiction over matters involving domestic violence, orders of
protection, domestic assault and all other cases incident to domestic
abuse within its caseload capacity. Allows the tenth division to retain
concurrent jurisdiction over other types of cases. Authorizes the
presiding judge of the tenth division in consultation with the chief
judge of the Shelby County general sessions court to determine whether
the tenth division has exceeded its capacity to hear all domestic
violence cases. If the caseload exceeds capacity, excess cases will be
distributed among the remaining divisions of the Shelby County general
sessions court to be heard.
Requires such general sessions court to commence as the domestic
violence court for Shelby County no later than September 1, 2009.
Judicial Council comment: Judicial Council adopted and
released to full committee with additional remark that the local
government should have authority to determine whether to make
designations of a court to hear all domestic violence cases. As a
result, legislators should consider having this bill give local
government permissive authority to make such designations rather than a
requiring a mandatory designation.
Senate Status: Senate passed 06/03/2009.
House Status: House 05/26/2009 passed with amendment 1.
Other Status: Enacted as Public Chapter 0391 (effective
06/09/2009).
|
SB 1097
Harper
|
Attorneys fees can be award in nuisance suit. Authorizes at a
court's discretion attorney which fees to be awarded to an injured party
in a nuisance suit. (S: Harper)
Senate Co-Sponsors: Haynes
J.; Marrero
Senate Status: Failed in Senate Judiciary 02/25/2009.
|
SB 1132
Norris
HB
0554
Kelsey
|
Creates new district attorney positions. Creates 64 new assistant
district attorney positions effective October 1, 2009. Requires the
district attorneys general conference, in consultation with the
comptroller, to recommend to the general assembly where additional
assistant district attorneys should be placed. (S: Norris; H: Kelsey)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Criminal Practice
Subcommittee.
|
SB 1161
Finney L.
HB 1453
Coleman
|
Court-approved attorney fees in medical malpractice cases. Establishes
that any court-approved attorney fees in medical malpractice cases are
conclusively presumed to be reasonable in any subsequent action before
the board of professional responsibility based on a complaint concerning
the amount or reasonableness of the attorney fees. (S: Finney L.; H:
Coleman)
Senate Status: Senate Judiciary deferred to 02/02/2010.
House Status: House passed 05/26/2009.
Other Status: Tennessee Judicial Council reviewed 03/19/2009 with
comment.
|
SB 1270
Bunch
HB 1499
Kelsey
|
Court appointed special advocate fund. Clarifies that the
administrative director of the courts shall not administer any funding
or grants provided to any court appointed special advocate programs from
the court appointed special advocate fund. (S: Bunch; H: Kelsey)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Civil Practice
Subcommittee.
|
SB 1281
Bunch
HB 1503
Coleman
Public Chapter (PDF)
|
Summons of garnishee. Provides that the garnishee may be summoned
to court not less than ten business days after the date of the service
of the execution. Also makes a clarifying revision to the notice form
that is sent to the garnishee. (S: Bunch; H: Coleman)
Amendment: House amendment 1 specifies that court clerks are
not required to print new garnishment forms. However, the clerks may
make changes to the forms and print such forms at their discretion.
Senate Status: Senate passed 06/03/2009.
House Status: House 06/01/2009 passed with amendment 1.
Other Status: Enacted as Public Chapter 0393 (effective
06/09/2009).
|
SB 1369
Johnson J.
HB 0778
McCormick
|
Judicial advisory panel assists governor filling vacancies. Creates
a judicial advisory panel consisting of 11 members to assist the
governor in the selection of individuals to fill judicial vacancies on
the appellate and trial courts. Specifies membership and terms for
judicial advisory panel. (S: Johnson J.; H: McCormick)
Judicial Council comment: Judicial Council adopted and
released to full committee with additional remark that the legislature
should adopt some method of judicial selection and retention, so as not
to place the judicial system, its litigants and citizens in general at a
disadvantage in providing and obtaining justice. Adopting no method of
judicial selection and retention would leave the judicial system with no
method of filling vacancies on either the appellate court or trial
court level. The council encouraged the consideration of the time of
extension of the sunset deadlines with regard to the relationship
between the sunset date and the date of elections. The termination of
either or both of these entities on June 30 in the year immediately
prior to a year in which regular August elections are held would create
uncertainty about what system of selection would govern that upcoming
election. Any method of judicial selection and retention adopted should
contain a provision
for
selection based upon a process of evaluating the merit of applicants to
fill a vacancy and that yes-no retention elections be retained for
appellate court judges. There does not appear to be a reason to require
that election by yes-no retention be accomplished by anything other than
a traditional majority vote. The council did question the complications
associated with legislation that would require the election of Supreme
Court justices by judicial district upon creation of five newly
established judicial districts. Such election may cause conflict with
constitutional provisions concerning the geographical representation on
the state supreme court. The requirements proposed in some legislation
with regard to senate confirmation of gubernatorial appointments could
cause substantial delay in the filling of vacancies which occur while
the legislature is not in session. The council recognized that the
majority of criticism of the current provisions of the Tennessee Plan is
directed toward
the makeup of the Judicial Selection Commission and the process by which
members are selected for the commission. While there is no consensus on
the Judicial Council concerning the most appropriate makeup of the
commission and the process by which members are appointed to the
commission, the council noted that allowing for nominations to the
commission by party caucus injects politics into a process despite the
stated intent to make the courts "nonpolitical." Further, the council
agreed that any provision concerning the makeup of any commission make
clear statements concerning the goal of diversity on the commission with
regard to ethnicity, gender and the geographical grand divisions of the
state.
Senate Status: Referred to Senate Government Operations.
House Status: Referred to House Judiciary Civil Practice
Subcommittee.
Other Status: Tennessee Judicial Council reviewed 04/02/2009 with
comment.
|
SB 1378
Johnson J.
HB 1973
McCord
|
Judicial selection commission and private meetings. Prohibits the
judicial selection commission from meeting in private. (S: Johnson J.;
H: McCord)
Judicial Council comment: Judicial Council adopted and
released to full committee with additional remark that the legislature
should adopt some method of judicial selection and retention, so as not
to place the judicial system, its litigants and citizens in general at a
disadvantage in providing and obtaining justice. Adopting no method of
judicial selection and retention would leave the judicial system with no
method of filling vacancies on either the appellate court or trial
court level. The council encouraged the consideration of the time of
extension of the sunset deadlines with regard to the relationship
between the sunset date and the date of elections. The termination of
either or both of these entities on June 30 in the year immediately
prior to a year in which regular August elections are held would create
uncertainty about what system of selection would govern that upcoming
election. Any method of judicial selection and retention adopted should
contain a provision
for
selection based upon a process of evaluating the merit of applicants to
fill a vacancy and that yes-no retention elections be retained for
appellate court judges. There does not appear to be a reason to require
that election by yes-no retention be accomplished by anything other than
a traditional majority vote. The council did question the complications
associated with legislation that would require the election of Supreme
Court justices by judicial district upon creation of five newly
established judicial districts. Such election may cause conflict with
constitutional provisions concerning the geographical representation on
the state supreme court. The requirements proposed in some legislation
with regard to senate confirmation of gubernatorial appointments could
cause substantial delay in the filling of vacancies which occur while
the legislature is not in session. The council recognized that the
majority of criticism of the current provisions of the Tennessee Plan is
directed toward
the makeup of the Judicial Selection Commission and the process by which
members are selected for the commission. While there is no consensus on
the Judicial Council concerning the most appropriate makeup of the
commission and the process by which members are appointed to the
commission, the council noted that allowing for nominations to the
commission by party caucus injects politics into a process despite the
stated intent to make the courts "nonpolitical." Further, the council
agreed that any provision concerning the makeup of any commission make
clear statements concerning the goal of diversity on the commission with
regard to ethnicity, gender and the geographical grand divisions of the
state.
Senate Status: Referred to Senate Judiciary.
House Status: House sponsor changed from Casada to McCord on
03/11/2009.
Other Status: Tennessee Judicial Council reviewed 04/02/2009 with
comment.
|
SB 1422
Stanley
HB 1479
DeBerry J.
|
Unified family court pilot program. Creates the unified family
court pilot program. Allows counties in the state to select a single
court in the county to serve for a period of 24 months as a unified
family court. Clarifies that the unified family court would have
exclusive jurisdiction over all judicial proceedings involving any case
considered family law oriented. (S: Stanley; H: DeBerry J.)
Amendment: House Judiciary Civil Practice Subcommittee
amendment 1 makes applicable to juvenile court only.
TN Judicial Council Comment: The Judicial Council expressed
that the unified family court plan would alleviate the stress and
confusion to those families served by the courts while also recognizing
that the plan is ambitious. The Judicial Council noted that certain
issues need to be addressed, such as to what court appeals from the
unified family courts should be directed; the openness of proceedings
and records, as some of matters over which the unified family court
would exercise jurisdiction would not be open if heard in the juvenile
courts; and, the challenges associated with the maintenance and filing
of court records, as the different types of matters brought into the
unified family court may be traditionally kept by other court clerks.
Senate Status: Senate Judiciary deferred to 05/19/2009.
House Status: House Judiciary Committee deferred to summer study.
Other Status: Tennessee Judicial Council reviewed 03/19/2009 with
comment.
|
SB 1525
Burchett
HB 1528
Brooks, Harry
|
Private Process Servers Regulatory Act of 2009. Enacts the
Private Process Servers Regulatory Act of 2009, relative to the
regulation of process servers. Establishes rules for certification by
the department of commerce and insurance, including training
requirements and liability insurance coverage. (S: Burchett; H: Brooks,
Harry)
TN Judicial Council Comment: The Judicial Council observed
that clerks of court have expressed concern over the documentation that
is required to be filed with their offices being more than is necessary.
As written, the requirements would increase the workload of court
clerks unnecessarily. In addition, the bill may not address other
authority under which a person may serve process, such as constable
laws.
Senate Status: Senate Judiciary deferred to 04/29/2009.
House Status: Failed in House Civil Practice Subcommittee
04/28/2009.
Other Status: TN Judicial Council reviewed 03/19/2009 with
comment.
|
SB 1565
Johnson J.
HB 1975
Casada
|
Judicial Selection and Judicial Evaluation Commissions. Decreases
to 15 from 17 the number of members of Judicial Selection Commission.
Specifies that membership be divided equally among the three grand
divisions, with five members of the 15 being nonlawyers, and that the
speakers of the senate and the house shall each appoint seven members
and then one member jointly. Reduces to 4 years from 6 years the term of
each commission member. Prohibits members from being reappointed.
Requires commission, in case of a vacancy during term of a judge of the
court of appeals or court of criminal appeals, to submit to governor
entire list of applicants for a judicial vacancy with a rating for each
of highly qualified, qualified, or not qualified. Requires governor to
submit nominee choice to the state senate for confirmation, which
requires a majority vote. Specifies that if the governor's nominee is
not affirmed by the senate, then the governor shall choose from the
original list of
applicants a new nominee, to be approved by senate majority vote.
Requires judicial candidates to receive 60 percent of votes cast to be
retained in office. Requires the speakers of the senate and the house to
each appoint to the Judicial Evaluation Commission three members,
divided equally among the grand divisions and with one of each speaker's
three appointees being a nonlawyer, thus removing current requirement
that the speakers choose from nominees submitted by the Tennessee trial
lawyers association and the district attorneys general conference.
Decreases term limit for Judicial Evaluation Commission members to one
term from two terms. Specifies that current membership of judicial
selection commission shall expire upon effective date of bill, September
1, 2009. (S: Johnson J.; H: Casada)
Judicial Council comment: Judicial Council adopted and
released to full committee with additional remark that the legislature
should adopt some method of judicial selection and retention, so as not
to place the judicial system, its litigants and citizens in general at a
disadvantage in providing and obtaining justice. Adopting no method of
judicial selection and retention would leave the judicial system with no
method of filling vacancies on either the appellate court or trial
court level. The council encouraged the consideration of the time of
extension of the sunset deadlines with regard to the relationship
between the sunset date and the date of elections. The termination of
either or both of these entities on June 30 in the year immediately
prior to a year in which regular August elections are held would create
uncertainty about what system of selection would govern that upcoming
election. Any method of judicial selection and retention adopted should
contain a provision
for
selection based upon a process of evaluating the merit of applicants to
fill a vacancy and that yes-no retention elections be retained for
appellate court judges. There does not appear to be a reason to require
that election by yes-no retention be accomplished by anything other than
a traditional majority vote. The council did question the complications
associated with legislation that would require the election of Supreme
Court justices by judicial district upon creation of five newly
established judicial districts. Such election may cause conflict with
constitutional provisions concerning the geographical representation on
the state supreme court. The requirements proposed in some legislation
with regard to senate confirmation of gubernatorial appointments could
cause substantial delay in the filling of vacancies which occur while
the legislature is not in session. The council recognized that the
majority of criticism of the current provisions of the Tennessee Plan is
directed toward
the makeup of the Judicial Selection Commission and the process by which
members are selected for the commission. While there is no consensus on
the Judicial Council concerning the most appropriate makeup of the
commission and the process by which members are appointed to the
commission, the council noted that allowing for nominations to the
commission by party caucus injects politics into a process despite the
stated intent to make the courts "nonpolitical." Further, the council
agreed that any provision concerning the makeup of any commission make
clear statements concerning the goal of diversity on the commission with
regard to ethnicity, gender and the geographical grand divisions of the
state.
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Civil Practice
Subcommittee.
Other Status: Tennessee Judicial Council reviewed 04/02/2009 with
comment.
|
SB 1572
Norris
HB 1689
Johnson P.
|
Limitations of usury defense in certain circumstances. Limits the
defense of usury in certain circumstances. (S: Norris; H: Johnson P.)
Senate Status: Referred to Senate Commerce, Labor &
Agriculture.
House Status: Withdrawn in House 04/02/2009.
|
SB 1573
Woodson
HB 1448
McCord
Public Chapter (PDF)
|
Report from judicial evaluation commission. Increases number of
words allowed from 600 to 1,000 that a report from the judicial
evaluation commission on each appellate judge may contain. (S: Woodson;
H: McCord)
Senate Co-Sponsors: Norris; Haynes J.; Overbey
Amendment: HOUSE AMENDMENT 6 removes the provision of Senate
Amendment 1 that authorizes the governor, for good cause, to reject
both panels submitted by the judicial nominating commission and fill the
vacancy by appointing another qualified person who was considered by
the commission as a possible nominee for the judicial vacancy but whose
name was not included on either panel submitted to the governor. SENATE
AMENDMENT 1 rewrites the bill. Creates the Judicial Nominating
Commission and the Judicial Performance Evaluation Commission to replace
the Judicial Selection Commission and the Judicial Evaluation
Commission. The newly created Commissions shall terminate on June 30,
2012. The Speaker of the Senate and the Speaker of the House of
Representatives shall each appoint three lawyer members, one from each
of the three grand divisions. The Speakers shall jointly appoint three
non-lawyer members with one member to be appointed from each grand
division. Effective July 1,
2009, the membership of the Judicial Selection Commission shall be
replaced pursuant to this act. The initial terms of the new members will
be staggered with two of the Senate Speaker's appointments and one of
the House Speaker's appointments having a term of two years; two of the
House Speaker's appointments and one of the Senate Speaker's
appointments having a term of four years; and the three joint
appointments having an initial term of six years. Requires the
Administrative Office of the Courts (AOC), within 10 days of the
effective date of this act, to post on its Web site an application form
for citizens who wish to be considered as judicial nominating commission
appointees, to establish a deadline for applications, to post a summary
of the applicants, and to receive public comments for a 15-day period
after the application deadline. Within 30 days of the posting of the
summary of applicants, requires the Speakers to make the initial
appointments. Requires each member to be a
United States citizen, at least 30 years of age, and a citizen of
Tennessee for at least five years prior to appointment. Requires any
member appointed from one of the grand divisions to have been a resident
of that grand division for at least one year immediately prior to
appointment. No member of the Commission can be a registered lobbyist in
Tennessee. Automatically vacates the office of any member of the
Commission who misses four meetings during the member's term of office.
Requires the Commission to conduct its deliberations in public after the
private interviews with judicial vacancy candidates have been
concluded. Authorizes the Tennessee Bureau of Investigation (TBI) to
perform a Level II security clearance on possible nominees at the
direction of the Governor. Requires the Governor, to fill a vacancy that
occurs in the office of an appellate court after July 1, 2009, within
60 days by appointing one of the six nominees certified by the
Commission. Requires the Governor after
receiving the Commission's nominees for vacancies, to direct the TBI or
other appropriate agencies to perform financial and criminal background
investigations of the nominees. Reduces from 12 to nine, the membership
of the Judicial Performance Evaluation Commission. SENATE AMENDMENT 2
changes the required number of attorney members on the Judicial
Nominating Commission from 12 to 10. SENATE AMENDMENT 3 specifies that
no member of the Judicial Nominating Commission can be a lobbyist or the
employer of a lobbyist. SENATE AMENDMENT 4 specifies that all hearings,
interviews, meetings and deliberations of the commission shall be
conducted publicly and shall comply with Title 8, Chapter 44, Part 1;
provided, however, when selecting nominees, commission members shall
vote anonymously by written ballots, but such ballots shall be
collected, announced and tallied at the meeting by the presiding
officer.
Judicial Council comment: Judicial Council adopted and
released to full committee with additional remark that in light of the
recent Attorney General's Opinion concerning the consequences of
allowing the current Tennessee Plan to expire, legislation is needed to
avoid the confusing consequences and probable litigation that would
result absent such legislation. The Judicial Council also expressed that
the filling of offices on the commissions and the method of their
appointment are decisions of policy that are best left in the discretion
of the legislature, but did recognize that groups with expertise and
experience in the various legal fields would retain the ability to make
non-binding recommendations of persons to serve on the commissions
pursuant to this bill. In addition, the council expressed concern that
the restrictive language giving the governor exclusive access to
medical, financial and criminal background information of applicants may
prohibit the Judicial
Selection
Commission from considering any such information that is provided to the
commission in the application for nomination to the judicial vacancy. A
member of the council dissented from the council's general comments on
this issue, stating that the governor's office is more competent to
consider issues with regard to medical, financial and criminal
backgrounds than persons serving on the Judicial Selection Commission
with special interests. The council also noted that while the
legislation did call for diversity with regard to ethnicity and gender
on commission appointments, there are no requirements concerning
diversity by geography or grand division for these commissions. Finally,
it is noted that these general comments are a general consensus of the
members, and do not represent the views of the entire membership of the
Council.
Senate Status: Senate 06/12/2009 concurred in House amendment
6.
House Status: House 05/28/2009 passed with amendment 6.
Other Status: Enacted as Public Chapter 0517 (effective
06/25/2009).
|
SB 1629
Beavers
HB 2063
Rowland
|
Administrative office of the court to publish on the web. Requires
the administrative office of the courts to publish on its web site a
database of all state appellate court decisions that is searchable by
appellate judges' names and trial judges' names. Requires the site to
also include statistical information on the total number of cases filed
and disposed of by each trial judge and the total number of cases
appealed versus the number of cases disposed of by each trial judge. (S:
Beavers; H: Rowland)
TN Judicial Council Comment: The Judicial Council observed
that projected upgrades that would allow for the database described in
the legislation have been approved to the website of the Administrative
Office of the Courts. While there may be concerns related to judges with
rotating dockets in some judicial districts and other reporting issues
that can lead raw reporting numbers to be deceiving, the type of
information sought by this bill can be helpful to litigants.
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Civil Practice
Subcommittee.
Other Status: TN Judicial Council reviewed 03/19/2009 with
comment.
|
SB 1692
Yager
HB
1267
Faulkner
|
Funding for the public defenders conference. Renders each
multi-county judicial district the option of sending any local funds
received to the executive director of the district public defenders
conference for disbursement or to keep such funds for disbursement
through the district's office. (S: Yager; H: Faulkner)
Amendment: House Judiciary Criminal Practice Subcommittee
amendment 1 requires the bill to include the trustee's office.
Senate Status: Withdrawn in Senate 02/25/2010.
House Status: Withdrawn in House 02/01/2010.
|
SB 1707
Overbey
HB 1457
Coleman
Public Chapter (PDF)
|
Prosecuting a writ of habeas corpus. Specifies that persons
restrained of their liberty pursuant to a guilty plea and negotiated
sentence are not entitled to the benefits of a writ of habeas corpus on
any claim in any of the following situations: (1) the petitioner
received concurrent sentencing where there was a statutory requirement
for consecutive sentencing; (2) the petitioner's sentence included a
release eligibility percentage where the petitioner was not entitled to
any early release; or (3) the petitioner's sentence included a lower
release eligibility percentage than he was entitled to under statutory
requirements. (S: Overbey; H: Coleman)
Senate Status: Senate passed 06/02/2009.
House Status: House passed 04/30/2009.
Other Status: Enacted as Public Chapter 0420 (effective
06/11/2009).
|
SB 1715
Gresham
HB 1892
Coleman
|
Judicial selection and judicial evaluation. Changes the procedure
by which judicial selection and judicial evaluation is performed. (S:
Gresham; H: Coleman)
House Co-Sponsors: Lundberg; Fitzhugh
Amendment: Senate Judiciary amendment 2 rewrites the bill.
Creates the Judicial Nominating Commission and the Judicial Performance
Evaluation Commission to replace the Judicial Selection Commission and
the Judicial Evaluation Commission. The newly created Commissions shall
terminate on June 30, 2014. The Speaker of the Senate and the Speaker of
the House of Representatives shall each appoint three lawyer members,
one from each of the three grand divisions. The Speakers shall jointly
appoint three non-lawyer members with one member to be appointed from
each grand division. Effective July 1, 2009, the membership of the
Judicial Selection Commission shall be replaced pursuant to this act.
The initial terms of the new members will be staggered with two of the
Senate Speaker's appointments and one of the House Speaker's
appointments having a term of two years; two of the House Speaker's
appointments and one of the Senate Speaker's appointments having a term
of four years; and
the three joint appointments having an initial term of six years.
Requires the Administrative Office of the Courts (AOC), within 10 days
of the effective date of this act, to post on its Web site an
application form for citizens who wish to be considered as judicial
nominating commission appointees, to establish a deadline for
applications, to post a summary of the applicants, and to receive public
comments for a 15-day period after the application deadline. Within 30
days of the posting of the summary of applicants, requires the Speakers
to make the initial appointments. Requires each member to be a United
States citizen, at least 30 years of age, and a citizen of Tennessee for
at least five years prior to appointment. Requires any member appointed
from one of the grand divisions to have been a resident of that grand
division for at least one year immediately prior to appointment. No
member of the Commission can be a registered lobbyist in Tennessee.
Automatically vacates the office
of any member of the Commission who misses four meetings during the
member's term of office. Requires the Commission to conduct its
deliberations in public after the private interviews with judicial
vacancy candidates have been concluded. Authorizes the Tennessee Bureau
of Investigation (TBI) to perform a Level II security clearance on
possible nominees at the direction of the Governor. Requires the
Governor, to fill a vacancy that occurs in the office of an appellate
court after July 1, 2009, within 60 days by appointing one of the six
nominees certified by the Commission. Requires the Governor after
receiving the Commission's nominees for vacancies, to direct the TBI or
other appropriate agencies to perform financial and criminal background
investigations of the nominees. Reduces from 12 to nine, the membership
of the Judicial Performance Evaluation Commission. Reduces from 17 to
nine, the membership of the Judicial Nominating Commission. Senate
Judiciary amendment 3 changes the
required number of attorney members on the Judicial Nominating
Commission from 12 to 10. Senate Judiciary amendment 4 specifies that no
member of the Judicial Nominating Commission can be a lobbyist or the
employer of a lobbyist. Senate Judiciary amendment 5 specifies that all
hearings, interviews, meetings and deliberations of the commission shall
be conducted publicly and shall comply with Title 8, Chapter 44, Part
1; provided, however, when selecting nominees, commission members shall
vote anonymously by written ballots, but such ballots shall be
collected, announced and tallied at the meeting by the presiding
officer. House Judiciary amendment 1 creates the Judicial Nominating
Commission and the Judicial Performance Evaluation Commission to replace
the Judicial Selection Commission and the Judicial Evaluation
Commission. The newly created commissions are to terminate on June 30,
2014. The speaker of the Senate and the speaker of the House of
Representatives shall each appoint eight
members, two from each of the three grand divisions and two at-large
members, with at least six members being lawyers. The speakers shall
appoint one at-large member jointly. The jointly appointed at-large
member cannot be from the same state grand division of the four at-large
members appointed individually by the speakers. Effective July 1, 2009,
the membership of the Judicial Selection Commission shall be replaced
pursuant to this act. The initial terms of the new members will be
staggered with four of the Senate speaker's appointments, four of the
House speaker's appointments, and the joint appointment having a term of
two years. The remaining eight members will have an initial term of
four years each. Requires each member to be a United States citizen, at
least 30 years of age, and a citizen of Tennessee for at least five
years prior to appointment. Requires any member appointed from one of
the grand divisions to have been a resident of that grand division for
at least one year
immediately prior to appointment. No member of the Commission can be a
registered lobbyist in Tennessee. Reduces from six to four years the
length of term for Judicial Nominating Commission members. Automatically
vacates the office of any member of the commission who misses four
meetings during the member's term of office. Requires the commission to
conduct its deliberations in public after the private interviews with
judicial vacancy candidates have been concluded. Authorizes the TBI to
perform a Level II security clearance on possible nominees at the
direction of the governor. Requires the governor, to fill a vacancy that
occurs in the office of an appellate court after July 1, 2009, within
60 days. Requires the governor after receiving the commission's nominees
for vacancies, to direct the TBI or other appropriate agencies to
perform financial and criminal background investigations of the
nominees. Reduces from 12 to nine, the membership of the Judicial
Performance Evaluation
Commission. Senate Government Operations amendment 1 changes the sunset
date of the Judicial Nominating Commission to two years. House Finance
amendment 1 rewrites the bill. Authorizes judges of general sessions
court in Crockett County to interchange, upon request, with state trial
court judges provided they have the same qualifications as the trial
judge for whom they are sitting.
Judicial Council comment: Judicial Council adopted and
released to full committee with additional remark that in light of the
recent Attorney General's Opinion concerning the consequences of
allowing the current Tennessee Plan to expire, legislation is needed to
avoid the confusing consequences and probable litigation that would
result absent such legislation. In addition to maintaining a system of
merit selection and retention for appellate court judges, the council
noted that this particular legislation addresses some technical issues
that exist under the current law: allowing the governor to request a
second panel of nominees without a requirement of rejection of the first
panel of nominees for appellate judge vacancies; eliminating
nominations from the floor of persons who have not completed the
application process for a judicial vacancy; and, clarifying that
gubernatorial appointment should be made within sixty (60) days of
receiving the panel of nominees. The Judicial
Council also expressed that the filling of positions on the commissions
and the method of their appointment are decisions of policy that are
best left in the discretion of the legislature, but did recognize that
groups with expertise and experience in the various legal fields would
retain the ability to make non-binding recommendations of persons to
serve on the commissions pursuant to this bill. Finally, it is noted
that these general comments are a general consensus of the members, do
not represent the views of the entire membership of the Council.
Senate Status: Taken off notice in Senate Finance, Ways &
Means 06/18/2009.
House Status: Held on House clerk's desk.
Other Status: Tennessee Judicial Council reviewed 04/02/2009 with
comment.
|
SB 1806
Herron
HB 2236
Coleman
|
Selection commission public meetings, rating of judges. Requires
selection meetings of the judicial selection commission to be open to
the public. Requires the judicial selection commission to rate
applicants for judicial vacancies as highly qualified, qualified, or not
qualified and to submit list of all applicants with such rating to the
governor, rather than to submit only the three nominees it deems best
qualified. Broadly captioned. (S: Herron; H: Coleman)
Judicial Council comment: Judicial Council adopted and
released to full committee with additional remark that the legislature
should adopt some method of judicial selection and retention, so as not
to place the judicial system, its litigants and citizens in general at a
disadvantage in providing and obtaining justice. Adopting no method of
judicial selection and retention would leave the judicial system with no
method of filling vacancies on either the appellate court or trial
court level. The council encouraged the consideration of the time of
extension of the sunset deadlines with regard to the relationship
between the sunset date and the date of elections. The termination of
either or both of these entities on June 30 in the year immediately
prior to a year in which regular August elections are held would create
uncertainty about what system of selection would govern that upcoming
election. Any method of judicial selection and retention adopted should
contain a provision
for
selection based upon a process of evaluating the merit of applicants to
fill a vacancy and that yes-no retention elections be retained for
appellate court judges. There does not appear to be a reason to require
that election by yes-no retention be accomplished by anything other than
a traditional majority vote. The council did question the complications
associated with legislation that would require the election of Supreme
Court justices by judicial district upon creation of five newly
established judicial districts. Such election may cause conflict with
constitutional provisions concerning the geographical representation on
the state supreme court. The requirements proposed in some legislation
with regard to senate confirmation of gubernatorial appointments could
cause substantial delay in the filling of vacancies which occur while
the legislature is not in session. The council recognized that the
majority of criticism of the current provisions of the Tennessee Plan is
directed toward
the makeup of the Judicial Selection Commission and the process by which
members are selected for the commission. While there is no consensus on
the Judicial Council concerning the most appropriate makeup of the
commission and the process by which members are appointed to the
commission, the council noted that allowing for nominations to the
commission by party caucus injects politics into a process despite the
stated intent to make the courts "nonpolitical." Further, the council
agreed that any provision concerning the makeup of any commission make
clear statements concerning the goal of diversity on the commission with
regard to ethnicity, gender and the geographical grand divisions of the
state.
Senate Status: Senate Judiciary deferred to 05/12/2009.
House Status: Taken off notice in House Civil Practice
Subcommittee 05/06/2009.
Other Status: Tennessee Judicial Council reviewed 04/02/2009 with
comment.
|
SB 1807
Herron
HB 2237
Coleman
|
Judicial selection and evaluation - public meetings. Requires all
meetings of the judicial selection commission to be open to the public.
(S: Herron; H: Coleman)
Judicial Council comment: Judicial Council adopted and
released to full committee with additional remark that the legislature
should adopt some method of judicial selection and retention, so as not
to place the judicial system, its litigants and citizens in general at a
disadvantage in providing and obtaining justice. Adopting no method of
judicial selection and retention would leave the judicial system with no
method of filling vacancies on either the appellate court or trial
court level. The council encouraged the consideration of the time of
extension of the sunset deadlines with regard to the relationship
between the sunset date and the date of elections. The termination of
either or both of these entities on June 30 in the year immediately
prior to a year in which regular August elections are held would create
uncertainty about what system of selection would govern that upcoming
election. Any method of judicial selection and retention adopted should
contain a provision
for
selection based upon a process of evaluating the merit of applicants to
fill a vacancy and that yes-no retention elections be retained for
appellate court judges. There does not appear to be a reason to require
that election by yes-no retention be accomplished by anything other than
a traditional majority vote. The council did question the complications
associated with legislation that would require the election of Supreme
Court justices by judicial district upon creation of five newly
established judicial districts. Such election may cause conflict with
constitutional provisions concerning the geographical representation on
the state supreme court. The requirements proposed in some legislation
with regard to senate confirmation of gubernatorial appointments could
cause substantial delay in the filling of vacancies which occur while
the legislature is not in session. The council recognized that the
majority of criticism of the current provisions of the Tennessee Plan is
directed toward
the makeup of the Judicial Selection Commission and the process by which
members are selected for the commission. While there is no consensus on
the Judicial Council concerning the most appropriate makeup of the
commission and the process by which members are appointed to the
commission, the council noted that allowing for nominations to the
commission by party caucus injects politics into a process despite the
stated intent to make the courts "nonpolitical." Further, the council
agreed that any provision concerning the makeup of any commission make
clear statements concerning the goal of diversity on the commission with
regard to ethnicity, gender and the geographical grand divisions of the
state.
Senate Status: Senate Judiciary deferred to 05/12/2009.
House Status: Taken off notice in House Civil Practice
Subcommittee 05/06/2009.
Other Status: Tennessee Judicial Council reviewed 04/02/2009 with
comment.
|
SB 1835
Kyle
HB
0682
Cooper B.
|
Court to appoint a liaison to the general assembly. Requires the
court of the judiciary to appoint a liaison to the general assembly to
report on activities of the court of the judiciary and to report on the
status of complaints. (S: Kyle; H: Cooper B.)
TN Judicial Council Comment: The Judicial Council expressed
concern that the bill requires a report on matters that are not public
records and are confidential. Further, a judge is disadvantaged by this
bill, as a judge is prohibited from speaking or commenting on a pending
complaint while complainants are generally not prohibited, the Court of
Judiciary having no enforcement authority over complainants. The bill
makes an erroneous reference to actions of the Administrative Office of
the Courts rather than the Court of the Judiciary. Finally, the
legislation raises the fundamental question concerning the conflict
between the statutory role of the Court of the Judiciary and Supreme
Court's role of regulating the conduct of judges.
Senate Status: Referred to Senate Judiciary.
House Status: House Civil Practice Subcommittee deferred to
03/24/2010.
Other Status: TN Judicial Council reviewed 03/19/2009 with
comment.
|
SB 1839
Kyle
HB
0026
Hardaway
|
Increases membership of judicial selection commission. Increases
membership of judicial selection commission from 17 to 18 by adding one
non-lawyer member. Broadly captioned. (S: Kyle; H: Hardaway)
Judicial Council comment: Judicial Council adopted and
released to full committee with additional remark that the legislature
should adopt some method of judicial selection and retention, so as not
to place the judicial system, its litigants and citizens in general at a
disadvantage in providing and obtaining justice. Adopting no method of
judicial selection and retention would leave the judicial system with no
method of filling vacancies on either the appellate court or trial
court level. The council encouraged the consideration of the time of
extension of the sunset deadlines with regard to the relationship
between the sunset date and the date of elections. The termination of
either or both of these entities on June 30 in the year immediately
prior to a year in which regular August elections are held would create
uncertainty about what system of selection would govern that upcoming
election. Any method of judicial selection and retention adopted should
contain a provision
for
selection based upon a process of evaluating the merit of applicants to
fill a vacancy and that yes-no retention elections be retained for
appellate court judges. There does not appear to be a reason to require
that election by yes-no retention be accomplished by anything other than
a traditional majority vote. The council did question the complications
associated with legislation that would require the election of Supreme
Court justices by judicial district upon creation of five newly
established judicial districts. Such election may cause conflict with
constitutional provisions concerning the geographical representation on
the state supreme court. The requirements proposed in some legislation
with regard to senate confirmation of gubernatorial appointments could
cause substantial delay in the filling of vacancies which occur while
the legislature is not in session. The council recognized that the
majority of criticism of the current provisions of the Tennessee Plan is
directed toward
the makeup of the Judicial Selection Commission and the process by which
members are selected for the commission. While there is no consensus on
the Judicial Council concerning the most appropriate makeup of the
commission and the process by which members are appointed to the
commission, the council noted that allowing for nominations to the
commission by party caucus injects politics into a process despite the
stated intent to make the courts "nonpolitical." Further, the council
agreed that any provision concerning the makeup of any commission make
clear statements concerning the goal of diversity on the commission with
regard to ethnicity, gender and the geographical grand divisions of the
state.
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Civil Practice
Subcommittee 02/03/2010.
Other Status: Tennessee Judicial Council reviewed 04/02/2009 with
comment.
|
SB 1847
Kyle
HB
1233
Fitzhugh
|
Private meetings of judicial selection commission. Removes
authorization for the judicial selection commission to meet in private.
(S: Kyle; H: Fitzhugh)
Judicial Council comment: Judicial Council adopted and
released to full committee with additional remark that the legislature
should adopt some method of judicial selection and retention, so as not
to place the judicial system, its litigants and citizens in general at a
disadvantage in providing and obtaining justice. Adopting no method of
judicial selection and retention would leave the judicial system with no
method of filling vacancies on either the appellate court or trial
court level. The council encouraged the consideration of the time of
extension of the sunset deadlines with regard to the relationship
between the sunset date and the date of elections. The termination of
either or both of these entities on June 30 in the year immediately
prior to a year in which regular August elections are held would create
uncertainty about what system of selection would govern that upcoming
election. Any method of judicial selection and retention adopted should
contain a provision
for
selection based upon a process of evaluating the merit of applicants to
fill a vacancy and that yes-no retention elections be retained for
appellate court judges. There does not appear to be a reason to require
that election by yes-no retention be accomplished by anything other than
a traditional majority vote. The council did question the complications
associated with legislation that would require the election of Supreme
Court justices by judicial district upon creation of five newly
established judicial districts. Such election may cause conflict with
constitutional provisions concerning the geographical representation on
the state supreme court. The requirements proposed in some legislation
with regard to senate confirmation of gubernatorial appointments could
cause substantial delay in the filling of vacancies which occur while
the legislature is not in session. The council recognized that the
majority of criticism of the current provisions of the Tennessee Plan is
directed toward
the makeup of the Judicial Selection Commission and the process by which
members are selected for the commission. While there is no consensus on
the Judicial Council concerning the most appropriate makeup of the
commission and the process by which members are appointed to the
commission, the council noted that allowing for nominations to the
commission by party caucus injects politics into a process despite the
stated intent to make the courts "nonpolitical." Further, the council
agreed that any provision concerning the makeup of any commission make
clear statements concerning the goal of diversity on the commission with
regard to ethnicity, gender and the geographical grand divisions of the
state.
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Civil Practice
Subcommittee.
Other Status: Tennessee Judicial Council reviewed 04/02/2009 with
comment.
|
SB 1870
Kyle
HB 2079
Stewart M.
|
Judges required to be licensed to practice law. Establishes that
judges of the court of appeals and court of criminal appeals must be
licensed to practice law in Tennessee for at least five years prior to
qualification for election. (S: Kyle; H: Stewart M.)
Judicial Council comment: Judicial Council adopted and
released to full committee with additional remark that the legislature
should adopt some method of judicial selection and retention, so as not
to place the judicial system, its litigants and citizens in general at a
disadvantage in providing and obtaining justice. Adopting no method of
judicial selection and retention would leave the judicial system with no
method of filling vacancies on either the appellate court or trial
court level. The council encouraged the consideration of the time of
extension of the sunset deadlines with regard to the relationship
between the sunset date and the date of elections. The termination of
either or both of these entities on June 30 in the year immediately
prior to a year in which regular August elections are held would create
uncertainty about what system of selection would govern that upcoming
election. Any method of judicial selection and retention adopted should
contain a provision
for
selection based upon a process of evaluating the merit of applicants to
fill a vacancy and that yes-no retention elections be retained for
appellate court judges. There does not appear to be a reason to require
that election by yes-no retention be accomplished by anything other than
a traditional majority vote. The council did question the complications
associated with legislation that would require the election of Supreme
Court justices by judicial district upon creation of five newly
established judicial districts. Such election may cause conflict with
constitutional provisions concerning the geographical representation on
the state supreme court. The requirements proposed in some legislation
with regard to senate confirmation of gubernatorial appointments could
cause substantial delay in the filling of vacancies which occur while
the legislature is not in session. The council recognized that the
majority of criticism of the current provisions of the Tennessee Plan is
directed toward
the makeup of the Judicial Selection Commission and the process by which
members are selected for the commission. While there is no consensus on
the Judicial Council concerning the most appropriate makeup of the
commission and the process by which members are appointed to the
commission, the council noted that allowing for nominations to the
commission by party caucus injects politics into a process despite the
stated intent to make the courts "nonpolitical." Further, the council
agreed that any provision concerning the makeup of any commission make
clear statements concerning the goal of diversity on the commission with
regard to ethnicity, gender and the geographical grand divisions of the
state.
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Civil Practice
Subcommittee.
Other Status: Tennessee Judicial Council reviewed 04/02/2009 with
comment.
|
SB 1981
Marrero
HB
1775
Jones S.
Public Chapter (PDF)
|
TN Court Reporter Act of 2009. Establishes and maintains a
standard of competency for individuals engaged in the practice of court
reporting. Prohibits any person from practicing or attempting to
practice court reporting in this state unless the person is licensed as
such. Creates the Tennessee board of court reporting (attached to the
AOC) and authorizes it to administer all the functions and duties
necessary. Requires all complaints to be in writing and be submitted
within 90 days of the conduct complained about. Subjects any person who
undertakes the practice of court reporting for remuneration without
first having procured a license after January 1, 2010 to a civil fine
not exceeding $1,000. Creates a separate offense for each day's
violation. Details application requirements for licensure. Requires the
board to establish licensure fees that will cover a two-year period from
the date of issuance or renewal of the license and that will be
deposited in the court reporter fund.
Specifies that the board must establish continuing education
requirements and authorizes them to issue temporary licenses in certain
situations. (S: Marrero; H: Jones S.)
Amendment: House amendment 1 clarifies that the definition
of "court reporting" does not include attorneys conducting discovery in
compliance with rules 28, 29, and 30 of the Rules of Civil Procedure and
that the written stipulation pursuant to rule 29 must state the
licensure status of the person before whom the deposition is taken.
Requires all court reporters to be licensed pursuant to this act.
Exempts the initial court reporters appointed from the licensure
requirement under this act until July 1, 2010. Authorizes interested
court reporter groups to make recommendations for the governor to
consider when making court reporter appointments to the board.
Senate Status: Senate passed 06/08/2009.
House Status: House 06/03/2009 passed with amendment 1.
Other Status: Enacted as Public Chapter 0450 (effective
06/23/2009).
|
SB 2087
Beavers
HB 2205
Ramsey B.
|
Jury service. Obligates qualified citizens to serve on petit
juries or grand juries when summoned by the courts of this state, unless
excuses or exempt. Restores occupational and disability exemptions to
jury service and adds sole proprietor dentists to exempt occupations.
(S: Beavers; H: Ramsey B.)
Judicial Council comment: Judicial Council was asked to
consider a proposed amendment which has yet to be filed but will replace
the language of the bill in its entirety. This amendment will grant an
automatic jury service postponement for all health care professionals
licensed under Title 63 of the Tennessee Code Annotated, and will
require those professionals to select a seven-day period (within 12
months of being summoned) during which they will be available to serve
on a maximum of one jury. The Judicial Council noted that the
legislature eliminated all statutory exemptions regarding jury service
in 2008 in an attempt to provide courts with jury pools which satisfy
the constitutional requirement that the prospective jurors represent a
fair cross-section of the community. The Council understands that
dentists and others may have scheduling issues despite the existing
statutory provisions which allow for automatic postponements upon
request as well as limited or permanent
excusals based upon undue physical or financial hardships. However, the
Council questioned whether this situation warrants legislation which
would impact thousands of individuals who fall within the broad
categories of professions set out in Title 63. The Council noted that
delaying consideration of this legislation would give the judges and
court clerks an opportunity to discuss constructive ways to use their
discretion to accommodate scheduling issues on a case-by-case basis. The
Council requested that the judges and clerks report to the Council
regarding their conclusions following their upcoming 2009 conferences.
Senate Status: Taken off notice in Senate Judiciary
05/06/2009.
House Status: Failed in House Civil Practice Subcommittee
05/05/2009.
Other Status: Tennessee Judicial Council reviewed 04/02/2009 with
comment.
|
SB 2114
Norris
HB
2141
Lundberg
|
Membership of judicial selection commission revised. Revises the
membership of the judicial selection commission and the judicial
evaluation commission. Provides that all appointees to the judicial
selection commission are made by the speaker of the senate or the
speaker of the house, or both. Decreases term of commission members from
six to four years. Requires senate confirmation of governor's nominee
to fill a vacancy for any state court judge. Increases the vote from a
majority vote to 60 percent vote that a judge must receive in a
retention election. Extends the sunset provision for the judicial
selection and evaluation commissions to June 30, 2011. (S: Norris; H:
Lundberg)
House Co-Sponsor: Coleman
Amendment: Senate Government Operations Committee amendment 1
makes the bill. Terminates the judicial selection commission. Requires
each judge of a circuit, chancery, criminal, or other state trial court
of record to be elected to an eight-year term in a contested election
held at the regular August election in 2014 and at each regular August
election every eight years thereafter. Establishes procedures for
filling judicial vacancies that occur during the term of office.
Reestablishes the judicial evaluation commission composed of 12 members
and extends the sunset provision for the JEC to June 15, 2015. Changes
the ballot used in voting for judges to "replace" or "retain" a certain
judge rather than select "yes" or "no" to retain that individual. Allows
the governor to receive recommendations from special interest
organizations but does not bind him to consider them when making interim
judicial appointments. Enumerates many special interest entities.
Senate Judiciary
amendment 1 makes the bill. Requires each judge of a circuit, chancery,
criminal, or other state trial court of record to be elected to an
eight-year term in a contested election held at the regular August
election in 2014 and at each regular August election every eight years
thereafter. Establishes procedures for filling judicial vacancies that
occur during the term of office. Deletes the judicial selection
commission in its entirety. Reestablishes the judicial evaluation
commission composed of 12 members and extends the sunset provision for
to June 15, 2015. Senate Judiciary amendment 2 prohibits employers of
lobbyists (in addition to the currently prohibited lobbyists) from
serving on the judicial selection commission. Senate Judiciary amendment
3 requires that at least five of the members appointed by the speakers
of each house be attorneys (10 members must be attorneys rather than the
current 12). Senate Judiciary amendment 4 removes the provisions that
allow for private
interviews. Senate Government Operations amendment 2 contains the same
provisions as Government Operations amendment 1 and in addition, calls
for a state-wide referendum, to be held in August 2010, on whether or
not to hold a constitutional convention on how to fill the appellate and
supreme court judicial positions in the state. The constitutional
convention would take place in November 2010 and consist of 27 total
delegates, 3 delegates from each of the 9 federal house of
representative districts.
Judicial Council comment: Judicial Council adopted and
released to full committee with additional remark that the legislature
should adopt some method of judicial selection and retention, so as not
to place the judicial system, its litigants and citizens in general at a
disadvantage in providing and obtaining justice. Adopting no method of
judicial selection and retention would leave the judicial system with no
method of filling vacancies on either the appellate court or trial
court level. The council encouraged the consideration of the time of
extension of the sunset deadlines with regard to the relationship
between the sunset date and the date of elections. The termination of
either or both of these entities on June 30 in the year immediately
prior to a year in which regular August elections are held would create
uncertainty about what system of selection would govern that upcoming
election. Any method of judicial selection and retention adopted should
contain a provision
for
selection based upon a process of evaluating the merit of applicants to
fill a vacancy and that yes-no retention elections be retained for
appellate court judges. There does not appear to be a reason to require
that election by yes-no retention be accomplished by anything other than
a traditional majority vote. The council did question the complications
associated with legislation that would require the election of Supreme
Court justices by judicial district upon creation of five newly
established judicial districts. Such election may cause conflict with
constitutional provisions concerning the geographical representation on
the state supreme court. The requirements proposed in some legislation
with regard to senate confirmation of gubernatorial appointments could
cause substantial delay in the filling of vacancies which occur while
the legislature is not in session. The council recognized that the
majority of criticism of the current provisions of the Tennessee Plan is
directed toward
the makeup of the Judicial Selection Commission and the process by which
members are selected for the commission. While there is no consensus on
the Judicial Council concerning the most appropriate makeup of the
commission and the process by which members are appointed to the
commission, the council noted that allowing for nominations to the
commission by party caucus injects politics into a process despite the
stated intent to make the courts "nonpolitical." Further, the council
agreed that any provision concerning the makeup of any commission make
clear statements concerning the goal of diversity on the commission with
regard to ethnicity, gender and the geographical grand divisions of the
state.
Senate Status: Re-referred to Senate Calendar Committee
06/08/2009.
House Status: Taken off notice in House Finance Budget
Subcommittee 05/27/2009.
Other Status: Tennessee Judicial Council reviewed 04/02/2009 with
comment.
|
SB 2130
McNally
HB 2232
Coleman
|
Composition of judicial selection commission. Changes the
composition of the judicial selection commission. Reduces the number of
members on the commission to four. Assigns the task of appointing
members to the commission to the leadership of the political parties.
Makes all meetings and records of the commission open to the public.
Requires judicial applicants to submit to work and credit history checks
and to submit to criminal record checks. (S: McNally; H: Coleman)
Judicial Council comment: Judicial Council adopted and
released to full committee with additional remark that the legislature
should adopt some method of judicial selection and retention, so as not
to place the judicial system, its litigants and citizens in general at a
disadvantage in providing and obtaining justice. Adopting no method of
judicial selection and retention would leave the judicial system with no
method of filling vacancies on either the appellate court or trial
court level. The council encouraged the consideration of the time of
extension of the sunset deadlines with regard to the relationship
between the sunset date and the date of elections. The termination of
either or both of these entities on June 30 in the year immediately
prior to a year in which regular August elections are held would create
uncertainty about what system of selection would govern that upcoming
election. Any method of judicial selection and retention adopted should
contain a provision
for
selection based upon a process of evaluating the merit of applicants to
fill a vacancy and that yes-no retention elections be retained for
appellate court judges. There does not appear to be a reason to require
that election by yes-no retention be accomplished by anything other than
a traditional majority vote. The council did question the complications
associated with legislation that would require the election of Supreme
Court justices by judicial district upon creation of five newly
established judicial districts. Such election may cause conflict with
constitutional provisions concerning the geographical representation on
the state supreme court. The requirements proposed in some legislation
with regard to senate confirmation of gubernatorial appointments could
cause substantial delay in the filling of vacancies which occur while
the legislature is not in session. The council recognized that the
majority of criticism of the current provisions of the Tennessee Plan is
directed toward
the makeup of the Judicial Selection Commission and the process by which
members are selected for the commission. While there is no consensus on
the Judicial Council concerning the most appropriate makeup of the
commission and the process by which members are appointed to the
commission, the council noted that allowing for nominations to the
commission by party caucus injects politics into a process despite the
stated intent to make the courts "nonpolitical." Further, the council
agreed that any provision concerning the makeup of any commission make
clear statements concerning the goal of diversity on the commission with
regard to ethnicity, gender and the geographical grand divisions of the
state.
Senate Status: Referred to Senate Government Operations.
House Status: Taken off notice in House Civil Practice
Subcommittee 05/06/2009.
Other Status: Tennessee Judicial Council reviewed 04/02/2009 with
comment.
|
SB 2168
Bunch
HB
2018
Kelsey
|
Judicial vacancies - interim appointments made by governor. Authorizes
the governor to make interim appointments to fill judicial vacancies if
the judicial selection commission sunsets on June 30, 2009. (S: Bunch;
H: Kelsey)
House Co-Sponsor: McCord
Amendment: Senate Judiciary amendment 1 requires that if the
judicial commission expires on a certain date and no other legislation
is created to abolish or replace the commission or to transfer its
duties, then this statute will apply.
Judicial Council comment: Judicial Council adopted and
released to full committee with additional remark that the legislature
should adopt some method of judicial selection and retention, so as not
to place the judicial system, its litigants and citizens in general at a
disadvantage in providing and obtaining justice. Adopting no method of
judicial selection and retention would leave the judicial system with no
method of filling vacancies on either the appellate court or trial
court level. The council encouraged the consideration of the time of
extension of the sunset deadlines with regard to the relationship
between the sunset date and the date of elections. The termination of
either or both of these entities on June 30 in the year immediately
prior to a year in which regular August elections are held would create
uncertainty about what system of selection would govern that upcoming
election. Any method of judicial selection and retention adopted should
contain a provision
for
selection based upon a process of evaluating the merit of applicants to
fill a vacancy and that yes-no retention elections be retained for
appellate court judges. There does not appear to be a reason to require
that election by yes-no retention be accomplished by anything other than
a traditional majority vote. The council did question the complications
associated with legislation that would require the election of Supreme
Court justices by judicial district upon creation of five newly
established judicial districts. Such election may cause conflict with
constitutional provisions concerning the geographical representation on
the state supreme court. The requirements proposed in some legislation
with regard to senate confirmation of gubernatorial appointments could
cause substantial delay in the filling of vacancies which occur while
the legislature is not in session. The council recognized that the
majority of criticism of the current provisions of the Tennessee Plan is
directed toward
the makeup of the Judicial Selection Commission and the process by which
members are selected for the commission. While there is no consensus on
the Judicial Council concerning the most appropriate makeup of the
commission and the process by which members are appointed to the
commission, the council noted that allowing for nominations to the
commission by party caucus injects politics into a process despite the
stated intent to make the courts "nonpolitical." Further, the council
agreed that any provision concerning the makeup of any commission make
clear statements concerning the goal of diversity on the commission with
regard to ethnicity, gender and the geographical grand divisions of the
state.
Senate Status: Re-referred to Senate Calendar Committee
06/18/2009.
House Status: Taken off notice in House Finance Budget
Subcommittee 05/27/2009.
Other Status: Tennessee Judicial Council reviewed 04/02/2009 with
comment.
|
SB 2197
Marrero
HB
2340
Jones S.
|
Laws enacted prior to a supreme court rule. Clarifies that laws
enacted prior to the effective date of a supreme court rule are of no
further force if in conflict with such rule. (S: Marrero; H: Jones S.)
TN Judicial Council Comment: The Judicial Council commented
that this bill may reflect the current state of the law.
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Civil Practice
Subcommittee 05/05/2009.
Other Status: TN Judicial Council reviewed 03/19/2009 with
comment.
|
SB 2203
Bunch
HB 2353
Bell
|
GA amending proposed revisions to rules of procedure. Specifies
that general assembly may not substantively amend a proposed revision to
a rule of procedure reported to it by the supreme court but may fail to
approve the proposed revisions to a specific rule or a specific part of
a proposed revision to a rule. (S: Bunch; H: Bell)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Civil Practice
Subcommittee.
|
SB 2214
Ford O.
HB
2208
Hardaway
|
Damages in nuisance actions. Allows the prevailing party in a
nuisance action to receive, in the court's discretion, court costs,
attorney fees, and such discretionary costs as well as any damages to
which such party is entitled. (S: Ford O.; H: Hardaway)
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Civil Practice
Subcommittee 04/28/2009.
|
SB 2301
Kyle
HB
2297
Turner M.
|
Process for enforcement of a foreign judgment. Clarifies that no
execution or other process for enforcement of a foreign judgment may
until 45, instead of 30, days after the date a summons has been served
upon the judgment debtor. Removes requirement that a court in this state
must stay enforcement of a foreign judgment for an appropriate period
if the judgment debtor shows the court any ground upon which enforcement
of a judgment of any court of this state would be stayed. (S: Kyle; H:
Turner M.)
Senate Status: Taken off notice in Senate Judiciary
05/06/2009.
House Status: Referred to House Judiciary Civil Practice
Subcommittee.
|
SB 2306
Kyle
HB
2315
Coleman
|
Meetings of judicial selection commission, vacancies. Requires
meetings of the judicial selection commission to be open to the public.
Requires governor to select candidate to fill vacant judgeship from
first or second panel submitted by the judicial selection commission
(Part of Administration Package). (S: Kyle; H: Coleman)
House
Co-Sponsor: Turner M.
Judicial Council comment: Judicial Council adopted and
released to full committee with additional remark that the legislature
should adopt some method of judicial selection and retention, so as not
to place the judicial system, its litigants and citizens in general at a
disadvantage in providing and obtaining justice. Adopting no method of
judicial selection and retention would leave the judicial system with no
method of filling vacancies on either the appellate court or trial
court level. The council encouraged the consideration of the time of
extension of the sunset deadlines with regard to the relationship
between the sunset date and the date of elections. The termination of
either or both of these entities on June 30 in the year immediately
prior to a year in which regular August elections are held would create
uncertainty about what system of selection would govern that upcoming
election. Any method of judicial selection and retention adopted should
contain a provision
for
selection based upon a process of evaluating the merit of applicants to
fill a vacancy and that yes-no retention elections be retained for
appellate court judges. There does not appear to be a reason to require
that election by yes-no retention be accomplished by anything other than
a traditional majority vote. The council did question the complications
associated with legislation that would require the election of Supreme
Court justices by judicial district upon creation of five newly
established judicial districts. Such election may cause conflict with
constitutional provisions concerning the geographical representation on
the state supreme court. The requirements proposed in some legislation
with regard to senate confirmation of gubernatorial appointments could
cause substantial delay in the filling of vacancies which occur while
the legislature is not in session. The council recognized that the
majority of criticism of the current provisions of the Tennessee Plan is
directed toward
the makeup of the Judicial Selection Commission and the process by which
members are selected for the commission. While there is no consensus on
the Judicial Council concerning the most appropriate makeup of the
commission and the process by which members are appointed to the
commission, the council noted that allowing for nominations to the
commission by party caucus injects politics into a process despite the
stated intent to make the courts "nonpolitical." Further, the council
agreed that any provision concerning the makeup of any commission make
clear statements concerning the goal of diversity on the commission with
regard to ethnicity, gender and the geographical grand divisions of the
state.
Senate Status: Senate Government Operations deferred to
05/13/2009.
House Status: Taken off notice in House Civil Practice
Subcommittee 05/06/2009.
Other Status: Tennessee Judicial Council reviewed 04/02/2009 with
comment.
|
SB 2330
Norris
HB
2377
DeBerry J.
|
Selection and election of judges. Reduces membership of judicial
selection commission from 17 to 15. Specifies that the commission is to
be composed of 5 members from each grand division. Also specifies that
five members of the commission are to be nonlawyers. Revises membership
of the judicial evaluation commission. Decreases term of commission
members from six years to four years. Requires the state senate to
confirm governor's nominee to fill a vacancy for any state court judge.
Increases the vote from a majority vote to 60 percent vote that a judge
must receive in a retention election. Extends the sunset provision for
the judicial selection commission and the judicial evaluation commission
to June 30, 2011. (S: Norris; H: DeBerry J.)
Judicial Council comment: Judicial Council adopted and
released to full committee with additional remark that the legislature
should adopt some method of judicial selection and retention, so as not
to place the judicial system, its litigants and citizens in general at a
disadvantage in providing and obtaining justice. Adopting no method of
judicial selection and retention would leave the judicial system with no
method of filling vacancies on either the appellate court or trial
court level. The council encouraged the consideration of the time of
extension of the sunset deadlines with regard to the relationship
between the sunset date and the date of elections. The termination of
either or both of these entities on June 30 in the year immediately
prior to a year in which regular August elections are held would create
uncertainty about what system of selection would govern that upcoming
election. Any method of judicial selection and retention adopted should
contain a provision
for
selection based upon a process of evaluating the merit of applicants to
fill a vacancy and that yes-no retention elections be retained for
appellate court judges. There does not appear to be a reason to require
that election by yes-no retention be accomplished by anything other than
a traditional majority vote. The council did question the complications
associated with legislation that would require the election of Supreme
Court justices by judicial district upon creation of five newly
established judicial districts. Such election may cause conflict with
constitutional provisions concerning the geographical representation on
the state supreme court. The requirements proposed in some legislation
with regard to senate confirmation of gubernatorial appointments could
cause substantial delay in the filling of vacancies which occur while
the legislature is not in session. The council recognized that the
majority of criticism of the current provisions of the Tennessee Plan is
directed toward
the makeup of the Judicial Selection Commission and the process by which
members are selected for the commission. While there is no consensus on
the Judicial Council concerning the most appropriate makeup of the
commission and the process by which members are appointed to the
commission, the council noted that allowing for nominations to the
commission by party caucus injects politics into a process despite the
stated intent to make the courts "nonpolitical." Further, the council
agreed that any provision concerning the makeup of any commission make
clear statements concerning the goal of diversity on the commission with
regard to ethnicity, gender and the geographical grand divisions of the
state.
Senate Status: Referred to Senate Government Operations.
House Status: Failed in House Civil Practice Subcommittee
05/06/2009.
Other Status: Tennessee Judicial Council reviewed 04/02/2009 with
comment.
|
SB 2340
Harper
HB
2370
Gilmore
|
Attorney fees to be awarded in nuisance suit. Allows the
prevailing party in a nuisance suit to be awarded, at the discretion of
the court, attorney fees, court costs and such discretionary costs as
are authorized by law and the Tennessee rules of civil procedure. (S:
Harper; H: Gilmore)
TN Judicial Council Comment: The Judicial Council observed
that it is a policy matter to determine the types of cases for which
attorneys' fees may be recoverable. Issues of policy are matters to be
determined by the legislative branch.
Senate Status: Failed in Senate Judiciary 03/25/2009.
House Status: Withdrawn in House 04/02/2009.
Other Status: Tennessee Judicial Council reviewed 03/19/2009 with
comment.
|
SB 2613
McNally
HB
2576
Turner M.
Public Chapter (PDF)
|
Testimonial privilege: crisis intervention discussions. Clarifies
that any stress management team members or persons participating in a
crisis intervention can claim a testimonial privilege if the discussion
indicated past or present child abuse, child neglect, or other forms of
abuse defined by other laws. (S: McNally; H: Turner M.)
Senate
Co-Sponsors: Ketron; Marrero
House Co-Sponsors: Moore;
Hardaway
Senate Status: Senate passed 02/08/2010.
House Status: House passed 02/22/2010.
Other Status: Enacted as Public Chapter 0618 (effective
03/02/2010).
|
SB 2628
Faulk
HB 2791
Harrison
|
Proper process: evading defendants. Establishes that a plaintiff
may serve proper process upon an evading defendant by delivering a copy
of the writ, warrant, and all other court-filed papers to a person of
suitable age and discretion at the defendant's place of business or by
posting a copy of the required information at the defendant's last known
address. (S: Faulk; H: Harrison)
Judicial Council Comment: The Judicial Council noted that
identifying an alternate method of service of process that would pass
constitutional muster is a goal that would be beneficial to the court
system. They expressed concern about the potential for abuse of the
process outlined in the legislation because of the transiency of persons
who may become defendants in cases where addresses of licensed drivers
are not updated with the Department of Safety. This concern may be
exacerbated should the currently pending proposal be adopted to increase
the period of time before a driver's license renewal is required. The
council further expressed that a rebuttable presumption may be
preferable to the estoppels established in subsection (d). Members of
the council questioned the judicial economy of requiring an evaluation
of the validity of service where the result may be ordering the issuance
of an alias summons, the service of which may also be required to be
evaluated on the
validity of
service. Finally, the council observed that in general, service of
process is sought to be more personalized and less constructive, while
the legislation authorizes constructive service.
Senate Status: Senate Judiciary deferred to 03/09/2010.
House Status: Taken off notice in House Government Operations
03/03/2010.
Other Status: Tennessee Judicial Council reviewed 02/18/2010 with
comment.
|
SB 2671
Marrero
HB
2751
Coley
|
General sessions judicial appointments: referees. Authorizes
judge of Division X of general sessions court to appoint referees with
equivalent judicial powers. (S: Marrero; H: Coley)
Judicial Council Comment: The Judicial Council observed that
this legislation may circumvent laws that require that a general
sessions judge be elected. Further, recent legislation deleted
references to the term "referee," changing the references to
"magistrate." The authority provided to the magistrate created in this
legislation is equal to that which is afforded the general sessions
judge, while the method of review of decisions of the magistrate is
inconsistent with the review procedures established for similarly
situated judicial officials. They noted that current law contains a
method by which high volume or backlogged caseloads may be alleviated
without creating a new position. They noted that the language of
subsection (f) is so broad, that it could result in harm to the
organization, jurisdiction, authority and potentially the existence of
the Division X court. They also pointed out the incorrect statutory
reference to "Tennessee Code Annotated Section 16-15-50."
The
correct statutory reference should be "Tennessee Code Annotated Section
16-15-5014.
Senate Status: Referred to Senate Judiciary.
House Status: House Civil Practice Subcommittee deferred to
03/24/2010.
Other Status: Tennessee Judicial Council reviewed 02/18/2010 with
comment.
|
SB 2817
Kelsey
HB 3651
Stewart M.
|
Uniform Unsworn Foreign Declarations Act. Creates a uniform
unsworn declaration for those physically located outside the
jurisdiction of the United States. Excludes under oath instances. (S:
Kelsey; H: Stewart M.)
Senate Status: Senate Judiciary deferred to 03/23/2010.
House Status: House Civil Practice Subcommittee deferred to
03/24/2010.
|
SB 2905
McNally
HB
2983
Mumpower
|
Court of the judiciary to deliberate in public. Requires court of
the judiciary to deliberate in public. (S: McNally; H: Mumpower)
Judicial Council Comment: The Judicial Council noted that
this bill is broadly captioned; therefore the comment is based on the
legislation as written. The Council expressed concern that removing the
anonymity of a person who files a complaint against a judge might deter
the filing of complaints with the Court of Judiciary. Further, the
council observed that deliberations by a jury, which are similar to
those deliberations described in the legislation, are not open to the
public.
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Civil Practice
Subcommittee.
Other Status: Tennessee Judicial Council reviewed 02/18/2010 with
comment.
|
SB 2966
Beavers
HB
2690
Coleman
|
Indigent criminal defendant: collected proceeds go to court. Requires
the court clerk to pay any money collected from an indigent criminal
defendant to the Administrative Office of Courts, instead of paying
directly to the attorney of record. (S: Beavers; H: Coleman)
Amendment: House amendment 1 requires that if a defendant is
ordered to pay some or all of his or her representation and the
Administrative Office of the Courts receives funds paid pursuant to
existing law that are greater than the total amount the appointed
counsel has been reimbursed, then any excess funds must be paid to the
appointed attorney.
Judicial Council Comment: The Judicial Council noted that
the procedure outlined in the legislation is a better accounting
practice with regard to the payment of appointed private counsel for
indigent defendants. The Council further clarified that the legislation
does not affect monies that are similarly submitted to the District
Public Defenders Conference where the Public Defender, rather than
private counsel, is appointed to represent an indigent defendant.
Senate Status: Senate Judiciary deferred to 03/23/2010.
House Status: House 03/08/2010 passed with amendment 1.
Other Status: Tennessee Judicial Council reviewed 02/18/2010 with
comment.
|
SB 2967
Beavers
HB 3279
Coleman
|
Appellate review of trial court judgments. Specifies that an
appeal of a final judgment of a writ of error coram nobis shall be filed
to the court of criminal appeals, rather than the supreme court. (S:
Beavers; H: Coleman)
Judicial Council Comment: The Judicial Council recognized
that this legislation codifies existing practice and is merely intended
to acknowledge the existence and jurisdiction of the Court of Criminal
Appeals.
Senate Status: Senate passed 02/17/2010.
House Status: House passed 03/08/2010.
Other Status: Sent to governor 03/11/2010.
|
SB 3030
Faulk
HB 3103
Lundberg
|
Garnishments - service of summons upon employee. Disallows
service of summons upon an employee of a garnishee on behalf of the
garnishee when such employee is the debtor. (S: Faulk; H: Lundberg)
Amendment: Senate amendment 1 rewrites the bill. States that
a summons served to an employee of the garnishee rather than the
garnishee, and the employee is also the judgment debtor, the summons is
void by the court for improper service.
Senate Status: Senate 03/01/2010 passed with amendment 1.
House Status: House Civil Practice Subcommittee 03/17/2010
recommended with amendment. Sent to House Judiciary.
|
SB 3059
Woodson
HB 3380
Sontany
|
Election to void depositions. Specifies that an election to void a
deposition that was given in front of certain excluded parties must be
made within a year of the deposition. (S: Woodson; H: Sontany)
Judicial Council comment: It was reported to the Judicial
Council that this bill is a caption bill. Therefore, the Council offered
no comment.
Senate Status: Referred to Senate Judiciary.
House Status: House Civil Practice Subcommittee deferred to
03/31/2010.
Other Status: Tennessee Judicial Council 03/04/2010 reviewed the
bill with no comment.
|
SB 3110
Marrero
HB 3385
Sontany
|
Revises provisions of TN Court Reporter Act of 2009. Revises
various provisions of the Tennessee Court Reporter Act of 2009.
Clarifies that licensed court reporters are not required to be notary
publics to record any court proceeding, administrative law proceeding,
deposition or any other proceeding. Delays the implementation of the
section of the Tennessee Court Reporter Act of 2009 that penalizes
individuals for practicing as a court reporter without a license to
January 1, 2011. Extends the grandfather clause one year from January 1,
2009 to January 1, 2010. (S: Marrero; H: Sontany)
House
Co-Sponsor: Jones S.
Senate Status: Referred to Senate Judiciary.
House Status: House Civil Practice Subcommittee deferred to
03/24/2010.
|
SB 3137
McNally
HB
3199
Matlock
|
Auditing of book and records from AOC and other entities. Authorizes
the comptroller to audit all books, records and reports of the district
public defender's conference, the administrative director of the
courts, and the post-conviction defender pertaining to payment of funds
for indigent defendants. (S: McNally; H: Matlock)
Senate Status: Referred to Senate Judiciary.
House Status: Caption bill held on House clerk's desk.
|
SB 3158
Henry
HB 3652
Stewart M.
|
Davidson County - litigation tax. Allows the legislative body of
Davidson County to impose an annual litigation tax, up to $5.00 maximum,
on filings in general sessions and juvenile court for purpose of
funding victim-offender mediation centers. (S: Henry; H: Stewart M.)
Senate
Co-Sponsors: Johnson J.; Harper
House Co-Sponsors:
Gilmore; Odom; Jones S.; Moore; Turner M.; Sontany; Pruitt
Senate Status: Senate Judiciary 03/16/2010 recommended. Sent
to Senate Finance, Ways & Means.
House Status: Set for House floor 03/25/2010.
|
SB 3178
Faulk
HB
2689
Coleman
|
Judicial council to meet twice each session. Requires the
judicial council to meet regularly in Nashville. Requires the regular
meeting schedule to include at least one meeting a year in November.
Requires the council to meet at least two times a year while the
legislature is in session. (S: Faulk; H: Coleman)
Senate Status: Referred to Senate Judiciary.
House Status: House Judiciary Committee deferred to 03/23/2010.
|
SB 3179
Faulk
HB
2691
Coleman
|
Judicial council duty: suggestion of statutory changes. Establishes
that it is the duty of judicial council, upon request or on its own
motion, to suggest statutory changes regarding the judicial system -- in
addition to its previous duties of suggesting rules, procedure or
methods of administration, or any other matter regarding the judicial
system. (S: Faulk; H: Coleman)
Senate Status: Referred to Senate Judiciary.
House Status: House Judiciary Committee deferred to 03/23/2010.
|
SB 3196
Finney L.
HB 3432
Coleman
|
Prohibits certain arguments in post-conviction petition. Prohibits
a petitioner from making certain arguments in a post-conviction
petition when certain admissions by the petitioner in regards to
accepting a plea bargain were made. (S: Finney L.; H: Coleman)
Senate Status: Senate Judiciary deferred to 03/16/2010.
House Status: House Judiciary Criminal Practice Subcommittee
recommended 03/17/2010. Sent to House Judiciary.
|
SB 3247
Tate
HB
3096
Shaw
|
AOC to develop form for dismissal of charges. Requires the
administrative office of the courts to include a form on its web site
for a person that was arrested under suspicion of a criminal offense but
whose charge was dismissed under certain conditions. Specifies that it
is the duty of the individual to request such a form. (S: Tate; H: Shaw)
Judicial Council comment: The Judicial Council questioned
whether the form contemplated by this legislation is necessary. Persons
whose cases are dismissed are entitled to an expungement, often with no
fee. Further, a copy of the order dismissing the charges would
accomplish the same result.
Senate Status: Senate Judiciary deferred to 03/09/2010.
House Status: House Judiciary Criminal Practice Subcommittee
deferred to 03/24/2010.
Other Status: Tennessee Judicial Council reviewed 03/04/2010 with
comment.
|
SB 3322
Berke
HB
3359
Fincher
|
Proving of personal attendance by witness. Decreases from four to
three the maximum number of lawsuits in which a witness must prove
personal appearance. (S: Berke; H: Fincher)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Civil Practice
Subcommittee.
Other Status: Deferred in Judicial Council to 03/11/2010.
|
SB 3326
McNally
HB 3599
Fitzhugh
|
Additional assistant district attorney general positions. Creates
three additional assistant district attorney general positions by
October 1, 2010. (S: McNally; H: Fitzhugh)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Criminal Practice
Subcommittee.
|
SB 3394
Finney L.
HB 3583
Coleman
|
Investing of idle funds of minors and incompetents. Authorizes
the chancery court clerks to invest idle funds of minor and incompetents
in certain manners. (S: Finney L.; H: Coleman)
Senate Status: Senate Judiciary deferred to 03/16/2010.
House Status: House Civil Practice Subcommittee deferred to
03/24/2010.
|
SB 3413
Crowe
HB
3284
Coleman
|
Compensation from the Criminal Injuries Compensation Fund. Adds a
reckless act resulting in the death or serious bodily injury of another
while operating a motor vehicle or watercraft to the list of acts for
which the victim of such a crime may receive compensation from the
Criminal Injuries Compensation Fund. (S: Crowe; H: Coleman)
Senate Status: Referred to Senate Judiciary.
House Status: House Judiciary Criminal Practice Subcommittee
03/17/2010 recommended with amendment. Sent to House Judiciary.
|
SB 3493
Beavers
|
Study of impact of fees on access to justice system. Requires the
comptroller to study the impact of the fees authorized for clerks of
court on access to the justice system and report to the judiciary
committee of each chamber by January 1, 2012. (S: Beavers)
Senate Status: Referred to Senate Judiciary.
|
SB 3496
Beavers
HB 3946
Turner M.
|
Special joint committee on removal of judges. Reduces the number
of members chosen for the special joint committee from ten members to
eight, requiring four instead of five be from the judicial committee, to
consider the removal of judges after affirmation from the Supreme
Court. (S: Beavers; H: Turner M.)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Civil Practice
Subcommittee.
|
SB 3527
Overbey
HB
3586
Coleman
|
Special judges: limitations on permanent record. Requires special
judges' limitations to be displayed on the court's permanent record and
to be announced to all parties attending the special judge's court. (S:
Overbey; H: Coleman)
Amendment: House Judiciary amendment 1 rewrites the bill,
authorizes general court or juvenile court judges to seek special judges
in a specified manner, requires interested parties must be notified of
special judge before court date, and requires an explanation of why the
special judge was selected to be placed in the court's permanent
records.
Judicial Council Comment: The Judicial Council questioned
whether this legislation is consistent with Supreme Court Rule 11.
Further, the Council observed that a procedure should be developed to
ensure that evidence of notice is included in a record on appeal
indicating that a special judge was properly appointed and the parties
received notice and consented to a special judge sitting on the case.
Finally, the council questioned whether the circumstances that led to
the proposed legislation were problematic statewide or in specific areas
and whether the remedy established in the legislation is appropriate as
a statewide application or if it should be tailored to a more specific
application.
Senate Status: Senate Judiciary deferred to 03/23/2010.
House Status: Set for House floor 03/25/2010.
Other Status: Tennessee Judicial Council reviewed 02/18/2010 with
comment.
|
SB 3531
Overbey
HB
3648
Stewart M.
|
Uniform Collaborative Law Act. Creates a uniform procedure to
conduct collaborative law processes. Requires a collaborative law
participation agreement, which must list all parties' information and
the details of the collaborative matter. Provides that all parties
involved in the matter must agree to participate in the proceeding. (15
pp.) (S: Overbey; H: Stewart M.)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Civil Practice
Subcommittee.
|
SB 3567
Ketron
HB
3566
Rowland
|
Perjured sworn testimony. Increases punishment for perjured sworn
testimony before committees of the general assembly to a Class D from a
Class E felony. (S: Ketron; H: Rowland)
Senate Status: Referred to Senate Judiciary.
House Status: House Judiciary Criminal Practice Subcommittee
deferred to 03/24/2010.
|
SB 3589
Ketron
HB
3300
McCormick
|
Foreign judgments: defamation suits and recognition. Specifies
that foreign judgments are inconclusive if the court lacks personal
jurisdiction, subject matter jurisdiction, or if the court process is
not impartial. Requires courts in this state to determine whether a
defamation judgment in a foreign court meets the American and this
state's standards of free speech and press before recognizing the
foreign court's judgment. Broadly captioned. (S: Ketron; H: McCormick)
Senate
Co-Sponsors: Gresham; Bunch; Southerland; Beavers; Johnson J.
House
Co-Sponsors: Dunn; Bell; Shipley; Lundberg; Swafford; Weaver;
McManus
Amendment: House Judiciary amendment 1 rewrites the bill and
clarifies the definition of foreign courts to mean foreign to the
United States instead of foreign to the state.
Senate Status: Referred to Senate Judiciary.
House Status: Set for House floor 03/25/2010.
|
SB 3611
Barnes
HB
3505
Fitzhugh
|
Effect of court costs on access to justice. Directs TACIR to
perform a study to determine the effect of court costs and litigation
taxes on access to justice by Tennessee citizens. Broadly captioned. (S:
Barnes; H: Fitzhugh)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Civil Practice
Subcommittee.
|
SB 3679
Burchett
HB 3585
Coleman
|
Public notice by electronic means. Authorizes court clerks and
local governments to provide public notice by electronic means under
certain circumstances. Requires the local government to publish such
procedures at least 30 days prior to implementation. (S: Burchett; H:
Coleman)
Judicial Council Comment: The Judicial Council noted that
the caption of this legislation does not specifically match the
procedures outlined in the bill. The council noted that the increased
costs of publication notices in newspapers, coupled with the reduced
circulations and subscriptions for such publications makes the
commitment of funds to notice publications an ineffective use of public
money. The Council differentiated between notices for public meetings of
local government entities and notices required by court clerks on
trustee sales, foreclosures and other types of similar notifications.
Senate Status: Referred to Senate Judiciary.
House Status: House Civil Practice Subcommittee deferred to
03/24/2010.
Other Status: Tennessee Judicial Council reviewed 02/18/2010 with
comment.
|
SB 3709
Haynes J.
HB 3750
Sontany
|
Transfer of structured settlement payment rights. Declares that
it shall be at the court's discretion whether to approve a transfer of
structured settlement payment rights. (S: Haynes J.; H: Sontany)
Judicial Council comment: The Judicial Council observed that
this legislation appears to be a grant of specific authority, within
the court's discretion, without changing the process currently
established in the statutes to review a request to transfer a structured
settlement. The Council expressed that this discretion could be a
useful tool in the judicial administration of these matters.
Senate Status: Senate Judiciary deferred to last calendar.
House Status: Referred to House Judiciary Civil Practice
Subcommittee.
Other Status: Tennessee Judicial Council reviewed 03/04/2010 with
comment.
|
SB 3717
Haynes J.
HB 3382
Sontany
|
Abatement of nuisances. Includes zoning violations and violations
of building codes to definition of types of nuisances that can be
abated by the courts. (S: Haynes J.; H: Sontany)
Senate Status: Senate Judiciary deferred to last calendar.
House Status: House Civil Practice Subcommittee deferred to
03/24/2010.
|
SB 3725
Haynes J.
HB 3955
Stewart M.
|
Serving summons for forcible entry: changes in time. Allows
sheriff or sheriff's deputy to post a copy of the warrant on the
premises after being unable to personally serve the person three times
within six days instead of 10 days from the required date of appearance.
(S: Haynes J.; H: Stewart M.)
Senate Status: Senate passed 03/08/2010.
House Status: House Civil Practice Subcommittee recommended
03/17/2010. Sent to House Judiciary.
|
SB 3726
Haynes J.
HB 3954
Stewart M.
|
Postponing of trial for forcible detainer cases. Allows a general
sessions judge to postpone a trial for forcible detainer cases beyond
15 days if the parties agree and one or both of the parties requested
the postponement. (S: Haynes J.; H: Stewart M.)
Amendment: Senate Judiciary amendment 1, as amended, adds an
additional instance in which the postponment of the trial may exceed 15
days - when civil court is not being conducted within the applicable
jurisdiction.
Senate Status: Senate Judiciary 03/16/2010 recommended with
amendment 1, as amended.
House Status: House Civil Practice Subcommittee 03/17/2010
recommended with amendment. Sent to House Judiciary.
|
SB 3740
Bunch
HB 3768
Dennis
|
Judgments from a foreign state or country. Declares that any
court order or arbitration panel, tribunal or administrative decision of
a foreign state or country using substantive or procedural law that
would violate rights and privileges granted under the U.S. or TN
constitution is void and unenforceable in TN. Specifies that any such
decision on appropriate custody arrangements for a minor child that is
not based primarily upon the best interests of the child is void and
unenforceable in TN. (S: Bunch; H: Dennis)
Judicial Council comment: The Judicial Council asked
questions about whether there are specific concerns in the area of
custody arrangements of minor children that are to be addressed by the
language in Section 4 of the bill. Further, the Council noted that the
language could be made clearer to include a more specific reference to
Tennessee law with regard to the best interests of a child. The Council
also observed that some federal monies made available to states to
address child custody and support issues are tied to the Hague
Convention and/or other international treaties, so it may be necessary
to determine whether the language of the bill may need to be altered in
order to not jeopardize these federal funds. The Council noted that the
bill would appear to override federal law. Finally, the Judicial Council
inquired as to whether the language, as written, might open the doors
to out-of-state persons to reopen custody matters from foreign
jurisdictions in Tennessee in
the guise
of examining the best interests of a child.
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Civil Practice
Subcommittee.
Other Status: Tennessee Judicial Council reviewed 03/04/2010 with
comment.
|
SB 3820
Johnson J.
HB 3464
McCord
|
Damages in personal injury action - evidence. Requires a claimant
for damages in a personal injury action to submit into evidence the
amount charged by providers for any services received as a result of the
injury and the actual amount paid by the claimant for such services if
the amounts differ. (S: Johnson J.; H: McCord)
Judicial Council Comment: The Judicial Council observed
that, as written, the procedures required in this legislation appear to
be at odds with current evidentiary rules and procedures utilized in
conducting trials. Current law allows for the introduction of proof of
all medical expenses incurred by an injured party. Further, while this
legislation would reduce the amount of judgments that may be awarded to
an insured, it would treat differently an uninsured person who obtains a
judgment based upon amounts charged and then subsequently negotiates a
settlement with medical providers for an amount less than that which was
charged.
Senate Status: Referred to Senate Judiciary.
House Status: House Civil Practice Subcommittee deferred to
03/24/2010.
Other Status: Tennessee Judicial Council reviewed 02/18/2010 with
comment.
|
SB 3891
Southerland
HB 3860
Fitzhugh
|
Judicial deed of trust or mortgage foreclosure sales. Specifies
what information must be provided in newspaper advertisements for
judicial deed of trust or mortgage foreclosure sales. Directs the
secretary of state to establish a web site for filing and posting
notices of foreclosure sales. (S: Southerland; H: Fitzhugh)
House
Co-Sponsors: McManus; Lundberg; Rich; Armstrong; Camper; Casada;
Johnson C.; Halford; Dennis; Stewart M.
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Civil Practice
Subcommittee.
|
HB 0700
Gilmore
|
Attorney fees in nuisance suit. Allows the court to award
attorney fees to an injured party in a nuisance suit. (H: Gilmore)
House Status: Referred to House Judiciary Civil Practice
Subcommittee.
|
SJR 0127
Black
|
Constitutional amendment - abortion. Adds new provision to
Article I of the state constitution to provide that nothing in the
constitution secures or protects right to abortion or requires the
funding of an abortion. States that the people retain the right through
their elected state representatives and state senators to enact, amend,
or repeal statutes regarding abortion, including, but not limited to,
circumstances of pregnancy resulting from rape or incest or when
necessary to save the life of the mother. (S: Black)
Senate
Co-Sponsors: Gresham; Southerland; Crowe; Overbey; Faulk; Woodson;
Yager; Stanley; Burchett; Beavers; Ketron; Tracy; Ramsey R.; Johnson J.;
Norris; McNally; Watson B.; Henry; Bunch
Amendment: House amendment 1 specifies that the foregoing
amendment shall be referred to the 107th General Assembly and this
resolution proposing such amendment shall be published by the Secretary
of State in accordance with Article XI, Section 3, of the Constitution
of Tennessee. Also directs the clerk of the Senate to deliver a copy of
this resolution to the Secretary of State.
Senate Status: Senate 06/02/2009 concurred in House amendment
1.
House Status: House 05/18/2009 heard on third reading, as
amended, and concurred in SJR 127, as amended.
Other Status: Sent to the speakers for signatures 06/02/2009.
|
SJR 0698
Beavers
|
Constitutional amendment - election of AG and reporter. Proposes
an amendment to Article VI, Section 5 of the Constitution of the State
of Tennessee, to provide for the popular election of the Attorney
General and Reporter for the State. (S: Beavers)
Senate Status: Senate Judiciary deferred to 03/23/2010.
|
HJR 0075
Stewart M.
|
Constitutional amendment - up to $500 fine without jury. Propose
an amendment to Article VI, Section 14, of the Constitution of the State
of Tennessee, to repeals prohibition that fines in excess of $50 cannot
be imposed except by jury and to provide that general assembly set the
maximum amount of fine assessed without jury up to a $500 limit.
Specifies that such limit shall not apply when the right to a jury trial
has been voluntarily waived. (H: Stewart M.)
Amendment: House Judiciary amendment 1 makes a technical
correction.
House Status: House Budget Subcommittee 06/15/2009 deferred to
next calendar.
|
HJR 0103
Kelsey
|
Constitutional amendment - election of attorney general. Proposes
a constitutional amendment to provide for popular election of
Tennessee's attorney general. (H: Kelsey)
House Status: House Civil Practice Subcommittee deferred to
summer study.
|
SR 0015>
Beavers
|
Rules of appellate procedure - approves revisions. Approves
amendments and revisions to the Tennessee Rules of Appellate Procedure,
promulgated by the TN Supreme Court. (S: Beavers)
Senate Status: Senate 03/09/2009 adopted.
Other Status: Sent to Senate speaker for signature 03/09/2009.
|
SR 0016>
Beavers
|
Rules of civil procedure - approves revisions. Approves
amendments and revisions to the TN Rules of Civil Procedure, promulgated
by the TN Supreme Court. (S: Beavers)
Senate Status: Senate 03/09/2009 adopted.
Other Status: Sent to Senate speaker for signature 03/09/2009.
|
SR 0017>
Beavers
|
Rules of criminal procedure - approves revisions. Approves
amendments and revisions to the TN Rules of Criminal Procedure,
promulgated by the TN Supreme Court. (S: Beavers)
Senate Status: Senate 03/09/2009 adopted.
Other Status: Sent to Senate speaker for signature 03/09/2009.
|
SR 0018>
Beavers
|
Rules of juvenile procedure - approves revisions, Approves
amendments and revisions to the TN Rules of Juvenile Procedure,
promulgated by the TN Supreme Court. (S: Beavers)
Senate Status: Senate 03/09/2009 adopted.
Other Status: Sent to Senate speaker for signature 03/09/2009.
|
SR 0019>
Beavers
|
Rules of civil procedure - discovery of electronic info. Approves
amendments and revisions to the TN Rules of Civil Procedure concerning
the discovery of electronically stored information, promulgated by the
TN Supreme Court. (S: Beavers)
Senate Status: Senate 03/09/2009 adopted.
Other Status: Sent to Senate speaker for signature 03/09/2009.
|
SR 0020>
Beavers
|
Rules of evidence - approves revisions. Approves amendments and
revisions to the TN Rules of Evidence, promulgated by the TN Supreme
Court. (S: Beavers)
Senate Status: Senate 03/09/2009 adopted.
Other Status: Sent to Senate speaker for signature 03/09/2009.
|
SR 0177>
Faulk
|
TN Rules of Civil Procedure. Approves the amendments and
revisions to the TN Rules of Civil Procedure concerning the discovery of
insurance, promulgated by the TN Supreme Court. (S: Faulk)
Senate Status: Senate Judiciary deferred to 02/23/2010.
|
SR 0178>
Faulk
|
TN Rules of Appellate Procedure. Approves the amendments and
revisions to the TN Rules of Appellate Procedure, promulgated by the TN
Supreme Court. (S: Faulk)
Senate Status: Senate 02/17/2010 adopted.
Other Status: Sent to Senate speaker for signature 02/17/2010.
|
SR 0179>
Faulk
|
TN Rules of Criminal Procedure. Approves the amendments and
revisions to the TN Rules of Criminal Procedure, promulgated by the TN
Supreme Court. (S: Faulk)
Senate Status: Senate 02/17/2010 adopted.
Other Status: Sent to Senate speaker for signature 02/17/2010.
|
SR 0180>
Faulk
|
TN Rules of Civil Procedure. Approves the amendments and
revisions to the TN Rules of Civil Procedure, promulgated by the TN
Supreme Court. (S: Faulk)
Senate Status: Senate 02/17/2010 adopted.
Other Status: Sent to Senate speaker for signature 02/17/2010.
|
SR 0181>
Faulk
|
TN Rules of Evidence. Approves the amendments and revisions to
the TN Rules of Evidence, promulgated by the TN Supreme Court. (S:
Faulk)
Senate Status: Senate 02/17/2010 adopted.
Other Status: Sent to Senate speaker for signature 02/17/2010.
|
HR 0014
Coleman
|
Rules of criminal procedure. Approves amendments and revisions to
the rules of criminal procedure, promulgated by the supreme court of
Tennessee. (H: Coleman)
House Status: House 03/19/2009 adopted.
Other Status: Sent to House speaker for signature 03/19/2009.
|
HR 0015
Coleman
|
Rules of civil procedure. Approves amendments and revisions to
the rules of civil procedure, promulgated by the supreme court of
Tennessee. (H: Coleman)
House Status: House 03/19/2009 adopted.
Other Status: Sent to House speaker for signature 03/19/2009.
|
HR 0016
Coleman
|
Rules of juvenile procedure. Approves amendments and revisions to
the rules of juvenile procedure, promulgated by the supreme court of
Tennessee. (H: Coleman)
House Status: House 03/19/2009 adopted.
Other Status: Sent to House speaker for signature 03/19/2009.
|
HR 0017
Coleman
|
Rules of evidence. Approves amendments and revisions to the rules
of evidence, promulgated by the supreme court of Tennessee. (H:
Coleman)
House Status: House 03/19/2009 adopted.
Other Status: Sent to House speaker for signature 03/19/2009.
|
HR 0018
Coleman
|
Rules of civil procedure. Approves amendments and revisions to
the rules of civil procedure concerning the discovery of electronically
stored information, promulgated by the supreme court of Tennessee. (H:
Coleman)
House Status: House 03/23/2009 adopted.
Other Status: Sent to House speaker for signature 03/23/2009.
|
HR 0019
Coleman
|
Rules of appellate procedure. Approves amendments and revisions
to the rules of appellate procedure, promulgated by the supreme court of
Tennessee. (H: Coleman)
House Status: House 03/19/2009 adopted.
Other Status: Sent to House speaker for signature 03/19/2009.
|
HR 0234
Coleman
|
TN Rules of Civil Procedure - discovery of insurance. Approves
amendments and revisions to the TN Rules of Civil Procedure concerning
the discovery of insurance, as promulgated and adopted by the Supreme
Court. (H: Coleman)
House Co-Sponsors: Sontany; Lundberg
House Status: House Judiciary Committee deferred to last
calendar.
|
HR 0235
Coleman
|
Approves amendments to TN Rules of Criminal Procedure. Approves
amendments and revisions to the Tennessee Rules of Criminal Procedure.
(H: Coleman)
House Co-Sponsors: Sontany; Lundberg
House Status: House 02/22/2010 adopted by suspension of the
rules after being added to Consent Calendar 2.
Other Status: Sent to House speaker for signature 02/22/2010.
|
HR 0236
Coleman
|
Amendments and revisions to TN Rules of Evidence. Approves
amendments and revisions to the Tennessee Rules of Evidence. (H:
Coleman)
House Co-Sponsors: Lundberg; Sontany
House Status: House 02/22/2010 adopted by suspension of the
rules after being added to Consent Calendar 2.
Other Status: Sent to House speaker for signature 02/22/2010.
|
HR 0237
Coleman
|
Amendments and revisions to TN Rules of Juvenile Procedure. Approves
amendments and revisions to the Tennessee Rules of Juvenile Procedure.
(H: Coleman)
House Co-Sponsors: Sontany; Lundberg
House Status: Taken off notice in House Judiciary 03/02/2010.
|
HR 0238
Coleman
|
Amendments and revisions to TN Rules of Appellate Procedure. Approves
amendments and revisions to the Tennessee Rules of Appellate Procedure.
(H: Coleman)
House Co-Sponsors: Sontany; Lundberg
House Status: House 02/22/2010 adopted by suspension of the
rules after being added to Consent Calendar 2.
Other Status: Sent to House speaker for signature 02/22/2010.
|
HR 0239
Coleman
|
Revisions to the rules of civil procedure. Approves the
amendments and revisions to the Tennessee Rules of Civil Procedure as
promulgated and adopted by the Supreme Court in its order dated December
14, 2009, a copy of which was filed with the House and Senate Clerks on
January 13, 2010. (H: Coleman)
House Co-Sponsors: Sontany;
Lundberg
House Status: House 02/22/2010 adopted by suspension of the
rules after being added to Consent Calendar 2.
Other Status: Sent to House speaker for signature 02/22/2010.
|
LABOR LAW |
SB 0156
Ketron
|
At-Will Employment Act. Enacts the At-Will Employment Act that
allows either employer or employee to abandon the relationship at any
time. Establishes guidelines for employment classified as At-Will and
provides several circumstances where an employee has claim against an
employer for termination of employment. (S: Ketron)
Senate Status: Withdrawn in Senate 02/04/2009.
|
SB 0682
Woodson
HB 1161
Haynes R.
Public Chapter (PDF)
|
Retaliatory discharge of an employee. Clarifies that the civil
cause of action for the retaliatory discharge of an employee for
reporting illegal activities applies to state employees, private
employees, and certain persons paid by the federal government. (S:
Woodson; H: Haynes R.)
House Co-Sponsor: Evans
Amendment: Senate amendment 1 corrects a drafting error,
inserting "not" between "are" and "full-time" in subsection c of the
bill.
Senate Status: Senate 03/12/2009 passed with amendment 1.
House Status: House passed 04/23/2009.
Other Status: Enacted as Public Chapter 0161 (effective
05/07/2009).
|
SB 0825
Marrero
HB
0763
Turner M.
|
Pay Equity in the Workplace Act of 2009. Enacts the "Pay Equity
in the Workplace Act of 2009." Creates incentives for businesses that
voluntarily submit to an inspection designed to identify any
discrepancies in wages paid to male and female employees within such
companies. Establishes the Tennessee commissioner of labor and workforce
development award for pay equity in the workplace, which will be
evidenced by a medal. (S: Marrero; H: Turner M.)
Senate Status: Referred to Senate Commerce, Labor &
Agriculture.
House Status: Referred to House Employee Affairs Subcommittee.
|
SB 1385
Johnson J.
HB 1595
Lynn
|
Employees and the right to privately decide to unionize. Specifies
that the general assembly supports democracy in the workplace by
maintaining every employee's right to privately decide whether or not to
elect union representation. (S: Johnson J.; H: Lynn)
Senate Status: Taken off notice in Senate Commerce, Labor
& Agriculture 04/28/2009.
House Status: Referred to House Employee Affairs Subcommittee.
|
SB 1442
Haynes J.
HB 0775
Turner M.
|
Paid sick and vacation leave for employees. Enacts the "Healthy
Families Act". Requires certain employers to give employees who work 30
hours a week seven days of paid sick and vacation leave annually and
those who work between 20 and 30 hours a week must receive four days of
paid sick and vacation leave annually. (S: Haynes J.; H: Turner M.)
Senate Status: Referred to Senate Commerce, Labor &
Agriculture.
House Status: Referred to House Employee Affairs Subcommittee.
|
SB 1664
Harper
HB
0776
Turner M.
|
Pay Equity in the Workplace Act. Prohibits an employer from
discriminating between employees on the basis of sex by paying any
employee salary or wage rates less than the rates the employer pays to
any employee of the opposite sex for comparable work. Authorizes the
commissioner of labor and workforce development to endeavor to eliminate
such pay practices by informal means of conference, conciliation, and
persuasion. Also authorizes the commissioner to supervise the payment of
wages owing to an employee who has been discriminated against. Requires
commissioner to develop guidelines to enable employers to evaluate job
categories based on objective criteria. (S: Harper; H: Turner M.)
Senate Status: Taken off notice in Senate Commerce, Labor
& Agriculture 03/03/2009.
House Status: House Employee Affairs Subcommittee deferred to the
last calendar.
|
SB 1980
Stewart E.
HB 1687
Moore
|
Employment security law to meet federal requirements. Adopts an
alternative base period, part-time worker eligibility, and extended
benefits while in training into unemployment law in order to meet
requirements of the federal Unemployment Insurance Modernization Act.
(S: Stewart E.; H: Moore)
Senate Status: Referred to Senate Commerce, Labor &
Agriculture.
House Status: Referred to House Employee Affairs Subcommittee.
|
SB 2222
Marrero
HB
2368
Odom
|
Name only background check without informing applicant. Specifies
that it is a discriminatory practice for an employer to run a "name
only" background check without informing the applicant and to disqualify
the applicant based on the information received when the information
was actually based on another person whose name was the same or similar
to the applicant. (S: Marrero; H: Odom)
Senate Status: Referred to Senate Commerce, Labor &
Agriculture.
House Status: Taken off notice in House Employee Affairs
Subcommittee 04/21/2009.
|
SB 2515
Johnson J.
HB 2664
Lundberg
|
Repayment of overpaid unemployment compensation benefits. Increases
the number of days within which the administrator must waive repayment
of overpaid unemployment compensation benefits from 90 to 120. (S:
Johnson J.; H: Lundberg)
Senate Status: Referred to Senate Commerce, Labor &
Agriculture.
House Status: Referred to House Employee Affairs Subcommittee.
|
SB 2633
Johnson J.
HB 3095
Fitzhugh
|
Payments to employees using automated fund transfer. Permits
employers to pay employees by electronic automated fund transfer into an
account in the name of the employee or by credit to a prepaid debit
card from which the employee is able to withdraw or transfer funds. (S:
Johnson J.; H: Fitzhugh)
Senate Status: Senate Commerce, Labor & Agriculture
02/02/2010 recommended. Sent to Calendar Committee.
House Status: House Employee Affairs Subcommittee deferred to
03/24/2010.
|
SB 3058
Woodson
HB
3078
Haynes R.
|
Administrative garnishment fee. Allows an employer to charge an
employee a five dollar administrative fee for processing garnishments.
(S: Woodson; H: Haynes R.)
Senate Status: Senate Judiciary deferred to 03/09/2010.
House Status: House Civil Practice Subcommittee recommended
03/17/2010. Sent to House Judiciary.
|
LOCAL GOVERNMENT |
SB 0521
McNally
HB 1771
Dunn
|
Eminent domain to be approved by local legislative bodies. Requires
county and municipal legislative bodies to conduct a public hearing on
the necessity of condemning property and approve the exercise of eminent
domain by two-thirds vote prior to any property being condemned and
taken by such bodies. (S: McNally; H: Dunn)
Amendment: Senate Judiciary committee amendment 1 removes
the 2/3 vote requirement for the county or municipal governing body.
Senate Status: Senate deferred to 03/26/2009.
House Status: Taken off notice in House Civil Practice
Subcommittee 05/05/2009.
|
SB 0832
McNally
HB
0533
Dunn
Public Chapter (PDF)
|
Computer conferencing for governing body of Knox County. Deletes
the statutory sunset provision previously established for pilot project
that allows the governing body of Knox County to have communication
among members via computer conferencing. Under current law, the pilot
project is scheduled to expire on July 1, 2011. (S: McNally; H: Dunn)
House
Co-Sponsors: Campfield; Haynes R.
Amendment: House amendment 2 extends to all counties the
present law pilot project whereby the governing body of Knox County may
allow electronic communication between its members by means of computer
conferencing on the Internet, or Internet relay chat (IRC). Allows a
governing body to allow electronic communication between members by
means of a forum over the Internet. Removes the original references to
IRC. Specifies that electronic communication posted to a forum must not
substitute for decision making by the governing body in a meeting held
in accordance with the open meetings laws. Prior to a governing body
initially utilizing a forum to allow such electronic communications by
its members, the governing body must file a plan with the office of open
records counsel. The plan must describe how the governing body will
ensure compliance with the requirements of present law and this
amendment in regard to such communications. Within 30 days of receipt of
the plan, the
office of open records counsel must acknowledge receipt of the plan and
report whether or not the plan and the proposed actions comply with the
law. If the office determines that compliance has not been met, the
office must provide written comments regarding the plan to the governing
body. Until such time as the governing body complies with the written
comments provided by the office and the office issues a report of
compliance, the governing body would not be allowed to establish or
utilize such forum. These provisions would not apply to any governing
body that established such a forum prior to the bill's effective date.
Senate amendment 2 clarifies that the public must be provided
"reasonable access" to view the forum by the governing body.
Senate Status: Senate 04/09/2009 passed with amendment 2.
House Status: House 04/23/2009 concurred in Senate amendment 2.
Other Status: Enacted as Public Chapter 0175 (effective
05/07/2009).
|
SB 1259
Bunch
HB
0800
Campfield
|
Eminent domain - transfer of blighted property. Prohibits a state
or local governmental entity or any entity that has been granted the
power of eminent domain from condemning private property that has been
determined to be blighted and sell, lease or otherwise transfer such
property to a private entity. Specifies that the sole purpose of taking
of private property determined to be blighted through eminent domain is
to be for repairing or demolishing such property. (S: Bunch; H:
Campfield)
Senate Status: Referred to Senate Judiciary.
House Status: Failed in House Civil Practice Subcommittee
03/24/2009.
|
SB 1260
Bunch
HB
0799
Campfield
|
Eminent domain - notification of property owners. Requires
municipality to mail notification to affected property owners by first
class mail within 14 days of the first hearing regarding a
municipality's proposal to annex territory beyond the municipality's
approved urban growth boundaries. (S: Bunch; H: Campfield)
Senate Status: Taken off notice in Senate State & Local
Government 05/05/2009.
House Status: House Local Government Subcommittee deferred to
2010.
|
SB 1345
Tate
HB
0037
Hardaway
|
Collection of delinquent property taxes. Authorizes counties
having a charter form of government to begin the collection of
delinquent property taxes in the same year in which such taxes become
delinquent. Lessens the period of redemption in Shelby County to 90 days
instead of one year under the same circumstances as currently
authorized for Knox County. Establishes a mechanism for a property owner
to deed certain property to a governmental entity. (S: Tate; H:
Hardaway)
Senate Status: Referred to Senate State & Local
Government.
House Status: House Local Government Subcommittee deferred to
2010.
|
SB 1655
Burks
HB 1587
Curtiss
Public Chapter (PDF)
|
Records maintenance fee. Allows any city, town, or county to
charge a maintenance fee for records, not to exceed $5.00, for each
record the city, town, or county is required to maintain. Specifies that
the fee is to be used to offset the cost of maintaining such records.
(S: Burks; H: Curtiss)
Amendment: House amendment 1 authorizes any city or town to
establish and collect, through all entities creating public records, an
archives and record management fee of up to $5.00 per document filed.
Funds collected through this fee must be designated exclusively for
duplicating, storing, and maintaining any records required by law to be
kept. Senate amendment 1 increases from $2.00 to $5.00 the maximum fee
which can be charged for an archives and records management fee. Removes
the exception that excluded the county register from charging this fee.
Senate Status: Senate 06/12/2009 concurred in House amendment
1.
House Status: House 06/01/2009 passed with amendment 1.
Other Status: Enacted as Public Chapter 0520 (effective
06/25/2009).
|
SB 1810
Herron
HB
1405
Barker
Public Chapter (PDF)
|
Creates a city court to presided over by a city judge. Creates a
city court to be administered and presided over by a city judge instead
of authorizing the council in a modified city manager-council charter by
ordinance to establish and provide for the administration of a city
court. (S: Herron; H: Barker)
Senate Status: Senate passed 03/23/2009.
House Status: House passed 04/20/2009.
Other Status: Enacted as Public Chapter 0146 (effective
05/05/2009).
|
SB 2079
Ketron
HB
1905
Curtiss
Public Chapter (PDF)
|
Competitive reverse auction process. Authorizes any local
government unit to purchase goods or services through a competitive
reverse auction process that allows offerors to bid on specified goods
or services electronically and adjust bid pricing during a specified
time period. Requires the purchasing agent of the local governmental
unit to solicit bids by public notice inserted at least once in a
newspaper of county-wide circulation five days prior to the final date
for submitting bids, by posting notices on a public bulletin board in
the county courthouse, by soliciting bid requests by mail to prospective
bidders, or by distributing invitations to bid via e-mail or by a
posting to the entity's web site. Obligates local governmental units to
provide a mechanism to facilitate participation of small and
minority-owned businesses in a reverse auction. Requires that prior to
any local governmental unit initiating a reverse auction, the local
governmental unit must file a plan with
the comptroller of the treasury. Broadly captioned. (S: Ketron; H:
Curtiss)
Amendment: House amendment 1 authorizes local governments to
purchase goods and services through a competitive reverse auction
process. Exempts construction services, architectural or engineering
services, new motor vehicles, and new construction equipment from the
reverse auction process. Senate amendment 1 is the same as House
amendment 1 except it requires public notice five days "prior to the
first day bids can be submitted" instead of "prior to the final date for
submitting bids" and removes the reference to "sealed" in regard to the
solicitation of bids.
Senate Status: Senate 05/20/2009 passed with amendment 1.
House Status: House 05/26/2009 concurred in Senate amendment 1.
Other Status: Enacted as Public Chapter 0399 (effective
06/09/2009).
|
SB 2606
Watson B.
HB 2510
McCormick
|
New fee in Hamilton County Register's office. Authorizes Hamilton
County register's office to collect a $2.00 electronic filing
submission fee for each electronically-filed document recorded over the
Internet through such register's county-run electronic filing portal,
except for documents filed by governmental entities. (S: Watson B.; H:
McCormick)
Amendment: Senate State & Local Government amendment 1
specifies that the provisions of the bill shall only be effective in any
county to which this subsection applies upon the adoption of a
resolution by a two-thirds vote of the county legislative body. Senate
State & Local Government amendment 2 adds Lincoln, Marshall, Maury
and Rutherford counties to the bill. House Finance amendment 1 rewrites
the bill but does not substantively change subdivision (3) of the bill.
Upon adoption of a resolution by a two-thirds vote of the county
legislative body, authorizes the register of deeds in Hamilton County to
collect a $2 submission fee for recording electronically-filed
documents.
Senate Status: Senate State & Local Government 03/10/2010
recommended with amendments 1 and 2. Sent to Senate Finance, Ways &
Means.
House Status: Set for House floor 03/25/2010.
|
SB 2607
Watson B.
HB 2509
McCormick
|
Use of data processing fees at Hamilton County Register. Authorizes
revenue received by the Hamilton County register's office from data
processing fees, above an amount necessary to purchase equipment and
services, to be used for other purposes directly related to the official
function of such office subject to approval from the county legislative
body. (S: Watson B.; H: McCormick)
Amendment: House State and Local Government Committee
amendment 1 requires the adoption of a resolution by a two-thirds vote
of the county legislative body to be enacted. Senate amendment 1 states
that provisions of the bill will take effect in counties in which the
legislative body has approved by a 2/3 vote. Senate amendment 2 adds
Marion, Maury, Lincoln, and Rutherford counties to the bill.
Senate Status: Senate 03/15/2010 passed with amendments 1 and
2.
House Status: Set for House floor 03/25/2010.
|
SB 2706
Bunch
HB
2741
Brooks, Kevin
Private Chapter (PDF)
|
Cleveland - city council meetings. Local bill for Cleveland that
clarifies that a vacancy shall occur if the mayor or a council member
fails to attend three consecutive regular meetings of the city council,
and further changes the required 13-day lapse between the first and
second reading of an ordinance to a 12-day lapse. Amends Chapter 78 of
the Private Acts of 1993, as amended. (S: Bunch; H: Brooks, Kevin)
House
Co-Sponsor: Watson E.
Senate Status: Senate passed 02/22/2010.
House Status: House passed 02/18/2010.
Other Status: Enacted as Private Chapter 039 (effective
03/03/2010).
|
SB 3573
Ketron
HB
3574
Rowland
|
Montgomery county will not pay for representative's office. Eliminates
the authority of the legislative body of Montgomery County to provide
suitable office space, office furniture, equipment, and supplies for any
member of the general assembly representing such county. (S: Ketron; H:
Rowland)
Senate Status: Local bill held on Senate clerk's desk.
House Status: Failed in House Local Government Subcommittee
03/17/2010.
|
HJR 0070
Turner M.
|
Constitutional amendment - duties for office of sheriff. Propose
an amendment to Article VII of the Constitution of Tennessee to provide
for duties for the office of sheriff in all counties. (H: Turner M.)
House Status: House Local Government Subcommittee deferred to
2010.
|
LOTTERY |
SB 3764
Bunch
HB
3067
Campfield
|
Reimbursement of public assistance benefits from winnings. Specifies
that any person who is awarded a lottery prize over $600 and has
received public assistance benefits over the past ten years shall
receive an amount less the public assistance benefits received, not to
exceed 50 percent of the person's winnings. Requires the department of
human resources and the bureau of TennCare to monitor lottery winnings
and receive the funds gained. (S: Bunch; H: Campfield)
Senate Status: Referred to Senate State & Local
Government.
House Status: Referred to House State Government Subcommittee.
|
MEDIA & PUBLISHING |
SB 0713
Tate
HB
0405
Fincher
|
Electronic mail confidentiality in the general assembly. Requires
the general assembly to treat identifying information associated with
any electronic mail message of or to a member, member-elect, staff
person or employee of the general assembly as confidential and not be
open for inspection by members of the public. (S: Tate; H: Fincher)
Senate Status: Referred to Senate State & Local
Government.
House Status: Taken off notice in House Civil Practice
Subcommittee 03/17/2009.
|
SB 1280
Bunch
HB 1504
Coleman
|
Immunity from civil liability - public records. Establishes,
relative to public records laws, immunity from civil liability for
persons furnishing, disclosing, or requesting information without
malice. (S: Bunch; H: Coleman)
Amendment: Senate amendment 1 specifies that any person
against whom any action is brought that is found to be immune from
liability under this section may be entitled, rather than shall be
entitled, to recover reasonable attorney's fees and costs from the
person who brought the action.
Senate Status: Re-referred to Senate Calendar Committee
06/16/2009.
House Status: House passed 05/26/2009.
|
SB 1457
Haynes J.
HB 2151
Jones U.
|
Public records posted on official Web site. Establishes that the
requirement for disclosure of public records is met if such records are
made available for public inspection and copying on the official Web
site of the custodian. (S: Haynes J.; H: Jones U.)
Senate Status: Referred to Senate State & Local
Government.
House Status: Referred to House Judiciary Civil Practice
Subcommittee.
|
SB 1673
Ford O.
HB 1875
Brown
|
Confidentiality of electronic mail messages. Applies protection
as confidential to any electronic mail messages or attachments between a
member, member-elect, or general assembly staff and a constituent. (S:
Ford O.; H: Brown)
Senate Status: Senate State & Local Government deferred
to 2010.
House Status: House Civil Practice Subcommittee deferred to
second calendar of 2010.
|
SB 2907
McNally
HB 3001
McDaniel
|
Public records - applicants for admission to the bar. Makes the
names of applicants for admission to the bar in this state subject to
the open records law. Also makes public the reason for a person being
denied admission to the bar. (S: McNally; H: McDaniel)
Judicial Council Comment: The Judicial Council expressed
concerns with opening the records of the Board of Law Examiners as
contemplated by the legislation, as it interferes with the candor of BLE
applicants in the application process, forfeits the privacy of personal
information required to be disclosed by BLE applicants and undermines
the fairness that is afforded to certain BLE applicants who may have
disabilities or have entered into agreements with the Tennessee Lawyer
Assistance Program. The council noted that every person taking the bar
exam has a personal interview with a member of the local bar and a
background check wherein every potential issue is required to be
disclosed and discussed, including expunged offenses, bankruptcy and
youthful indiscretions. Finally, the Council observed that opening
records as described in the legislation could only result in the public
embarrassment of persons whose records are released, which is not of
benefit to the general
public.
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Civil Practice
Subcommittee.
Other Status: Tennessee Judicial Council reviewed 02/18/2010 with
comment.
|
SB 3114
Marrero
HB 3882
Kernell
|
Denial of access to public records due to litigation. Prohibits
governmental entities from denying access to books, records, and other
materials available for public inspection because a governmental entity
is involved in litigation or contemplating involvement in litigation.
(S: Marrero; H: Kernell)
Judicial Council comment: The Judicial Council observed that
the language of this bill is very broad. The broad language could
unintentionally reach documents that are not intended to be open records
under the public records law, such as some records of the juvenile
courts or attorney work product. The Judicial Council also noted that
the term "litigation" often has a different application than "criminal
prosecution." Therefore, the language of the legislation may need to be
amended in order to ensure that the circumstances intended to be
addressed are included in the bill. According to the sponsor, the bill
was filed as a result of the denial of an open records request by a
public agency on the grounds that copies of the same documents in the
possession of the agency were also included in law enforcement's
criminal prosecution/investigative file. Whether the possession of a
copy of a public document by law enforcement renders all other copies of
that document confidential
is an
issue that should perhaps be clarified.
Senate Status: Referred to Senate State & Local
Government.
House Status: House Civil Practice Subcommittee deferred to
03/24/2010.
Other Status: Tennessee Judicial Council reviewed 03/04/2010 with
comment.
|
SB 3781
Bunch
HB
3050
Watson E.
|
Public records for use in pending litigation. Requires local
government records requested by a party or party's attorney regarding
pending civil litigation in which the local government is a party to
abide by the Tennessee Rules of Civil Procedure for discovery. (S:
Bunch; H: Watson E.)
Judicial Council comment: The Judicial Council observed that
the broad language of the bill may have an application when a
department or entity (e.g., a board, a commission) may be sued by an
individual resulting in the release of public records from a different
department or entity of the same government to a party in the
litigation. In addition, the release of public records may be slowed in
order for governmental entities to determine whether a requesting person
is involved in litigation with the government on a matter in which the
requested documents may be evidence. The Judicial Council also observed
that judicial administration may be assisted by providing a definition
for the term "agent."
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Civil Practice
Subcommittee.
Other Status: Tennessee Judicial Council reviewed 03/04/2010 with
comment.
|
SB 3835
Kyle
HB 3803
Gilmore
|
Confidential records laws applicable to MTSU and UT. Declares
that present laws concerning confidential records that apply to Middle
Tennessee State University also apply to the University of Tennessee.
(Part of Administration Package) (S: Kyle; H: Gilmore)
Senate
Co-Sponsor: Harper
House Co-Sponsor: Turner M.
Senate Status: Referred to Senate Education.
House Status: Referred to House Judiciary Civil Practice
Subcommittee.
|
HB 2532
Casada
|
Informing employees and appointees of public records law. Requires
chief administrative officer of each office, agency, board, commission
and department of state government to inform each employee responsible
for public records and appointees to boards under the officer's
authority of the state law on public records and policies for
administering the public records statutes. Broadly captioned. (H:
Casada)
House Status: Caption bill held on House clerk's desk.
|
PROFESSIONS & LICENSURE |
SB 0157
Ketron
HB 1672
Lynn
|
TN Professional Licensure and Certification Reform Act. Establishes
requirements for reviewing proposals introduced in the legislature to
impose a licensure or certification on a business profession or
occupation. Creates special joint committee to examine data regarding
licensure or certification on a business profession. Specifies
membership of committee and requires committee to report its findings to
the legislature by January 15, 2010. (S: Ketron; H: Lynn)
Senate Status: Held in Senate Delayed Bills Committee
06/10/2009.
House Status: Caption bill held on House clerk's desk.
|
SB 0254
Marrero
HB 0572
Camper
|
Exemption from liability for volunteering physicians. Expands
exemption from civil liability for physicians who voluntarily provide
health care services to include those clinics that require some form of
payment rather than only free clinics. (S: Marrero; H: Camper)
House
Co-Sponsors: Miller L.; Turner L.; Kelsey; Coley; Jones U.; Todd;
Kernell
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Criminal Practice
Subcommittee 04/29/2009.
|
SB 0488
Burchett
HB 0837
Moore
|
Reviews of adverse actions taken against physicians. Requires the
board of medical examiners to appoint on a case-by-case basis an
independent oversight committee to evaluate the disciplinary action
taken by a medical peer review committee against a licensed physician.
Requires the department of health, through the board of medical
examiners, to establish and maintain a statewide database containing
information pertaining to any adverse action taken by a medical peer
review committee against a physician licensed to practice in Tennessee.
(S: Burchett; H: Moore)
Senate Status: Taken off notice in Senate General Welfare
03/25/2009.
House Status: Referred to House Professional Occupations
Subcommittee.
|
SB 0803
Overbey
HB
0644
Montgomery
Public Chapter (PDF)
|
Requirements for licensed private investigators. Requires persons
applying to become a licensed private investigator to possess at least
two years experience satisfactory to the commission with any federal,
United States military, state, county or municipal law enforcement
agency. (S: Overbey; H: Montgomery)
Amendment: House amendment 1 rewrites the bill. Requires in
addition to current law requirements that, on or after July 1, 2009, in
order to obtain an investigations company license each individual
applicant, or if the applicant is a partnership, each partner; or, if
the applicant is a corporation, the qualifying agent, to possess, or
employ at least one person who possesses, at least 4,000 hours of
compensated, verifiable, investigative experience satisfactory to the
commission in addition to passing an examination to be administered at
least twice annually by the commissioner, designed to measure knowledge
and competence in the investigations company business. Grandfathers in
current private investigators, specifying that such provisions shall not
apply to any person who has been issued an investigations company
license prior to the effective date of July 1, 2009, and that such a
license may continue to be renewed in accordance with provisions and
rules and regulations
promulgated by the commission in effect prior to July 1, 2009. House
amendment 2 adds an alternative to the requirement that each applicant
for an investigations company license possess, or employ at least one
person who possesses, at least 4,000 hours of compensated, verifiable,
investigative experience satisfactory to the commission. Allows such
requirement to be met by having two years experience of applicable,
related experience or education in a related area of study approved by
the commission. Senate amendment 3 reduces the requirement from 4,000
hours to 2,000.
Senate Status: Senate 06/18/2009 passed with amendment 3.
House Status: House 06/18/2009 concurred in Senate amendment 3.
Other Status: Enacted as Public Chapter 0595 (effective
08/11/2009).
|
SB 1389
Johnson J.
HB 1553
Montgomery
|
Exemptions from the Real Estate Broker License Act. Adds to the
list of people exempt from the general provisions applied to real estate
brokers any person employed by an owner of real estate in the business
of the sale of structures and the real estate on which such structures
are located, if the structures are erected by the owner in the course of
the owner's business. (S: Johnson J.; H: Montgomery)
Senate Status: Referred to Senate Commerce, Labor &
Agriculture.
House Status: Taken off notice in House Commerce Industrial
Impact Subcommittee 03/11/2009.
|
SB 1553
Black
HB 1656
Armstrong
|
Corporations employing certain licensed physicians. Removes
prohibition on corporations employing radiologists, anesthesiologists,
pathologists, or emergency physicians. (S: Black; H: Armstrong)
Amendment: Senate amendment 1, House Health & Human
Resources Committee amendment 1 rewrites the bill. Requires the Board of
Optometry to list on its Web site the organizations whose continuing
education courses meet the requirements to satisfy the annual continuing
education obligation in addition to the continuing education courses
which have been approved by the Council on Optometric Practitioner
Education.
Senate Status: Senate 03/15/2010 passed with amendment 1.
House Status: Set for House floor 03/25/2010.
|
SB 1571
Haynes J.
HB 1449
Coleman
Public Chapter (PDF)
|
Requirements to practice law. Provides that in order to practice
law, person must receive license issued by supreme court and comply with
Rule 6 of the rules of the supreme court, except for Rule 19 pro hac
vice admissions from other jurisdictions. (S: Haynes J.; H: Coleman)
Amendment: House amendment 1 makes a technical correction,
changing "law. Nothing" to "law, except that nothing" and removing
italics from "pro hac vice."
Senate Status: Senate 06/02/2009 concurred in House amendment
1.
House Status: House 05/26/2009 passed with amendment 1.
Other Status: Enacted as Public Chapter 0485 (effective
06/23/2009).
|
SB 2103
Finney L.
HB 2025
Maddox
Public Chapter (PDF)
|
Principal brokers representing two firms. Permits a principal
broker to act as principal broker for two firms as long as both firms
are in the same location. Specifies that having the same location means
the firms have the same physical address. (S: Finney L.; H: Maddox)
Senate Status: Senate passed 04/06/2009.
House Status: House passed 04/13/2009.
Other Status: Enacted as Public Chapter 0097 (effective
04/27/2009).
|
SB 2491
Barnes
HB 2572
Johnson C.
|
Professional privilege tax exemption for inactive licensees. Exempts
physicians with inactive licenses who perform pro bono services for
people served by organizations deemed to fall within section 501(c)(3)
of the Internal Revenue Code from paying the professional privilege tax.
(S: Barnes; H: Johnson C.)
Senate Status: Referred to Senate Finance Tax Subcommittee.
House Status: Referred to House Finance Budget Subcommittee.
|
SB 2650
McNally
HB 3014
Sargent
|
No licensure renewal due to nonpayment of student loans. Requires
that any debtor found to be delinquent or in default on student loan
payments will have their license suspended, denied or revoked. Requires
TSAC or the guarantee agency to terminate the order to suspend, deny or
revoke on the license once the debt is paid in full or the debtor has
entered into a payment plan. Requires the TN Ethics Commission to accept
any determination of default from TSAC or a guarantee agency after TSAC
or such agency has afforded a debtor an opportunity to be heard.
Requires a hearing request made by the debtor to be in writing and must
be received by TSAC or the guarantee agency within 20 days of the notice
being served. Broadly Captioned. (14 pp.) (S: McNally; H: Sargent)
Senate
Co-Sponsor: Ketron
Senate Status: Referred to Senate Commerce, Labor &
Agriculture.
House Status: House Higher Education Subcommittee deferred to
03/24/2010.
|
SB 3155
Overbey
HB
3191
Mumpower
|
TN Appraisal Management Company Registration Act. Enacts the
"Tennessee Appraisal Management Company Registration and Regulation
Act." Prohibits individuals or groups of individuals from engaging in
business as an appraisal management company without first obtaining a
registration issued by the real estate appraiser commission, with
certain exceptions. Authorizes the commission to charge a registration
fee not to exceed $2,000 for each entity applying for such registration.
Requires each applicant for registration to post with the commission
and maintain on renewal a surety bond in the amount of $50,000.
Restricts certain individuals from operating or working for a real
estate appraisal company without being in good standing with the state
and any other state. Restricts certain practices in the process of
conducting an appraisal. Authorizes the commission to censure an
appraisal management company, suspend or revoke such a company's
registration, or impose civil penalties not to
exceed $25,000 for violating such rules. (19 pp.) (S: Overbey; H:
Mumpower)
House Co-Sponsors: Casada; Yokley
Senate Status: Senate Government Operations deferred to
03/24/2010.
House Status: House Government Operations deferred to 03/24/2010.
|
SB 3860
Kyle
HB 3849
Yokley
|
Regulatory activities of dept. of commerce and insurance. Modifies
the motor vehicle commission's disciplinary authority in the case of
applicants and licensees who are convicted of a crime of moral turpitude
by allowing such action when the licensee or applicant has been
convicted of a crime of moral turpitude and fewer than five years have
passed since the licensee or applicant has completed serving his
sentence, including parole or probation, whichever is later. Requires
documentation and fees that are prerequisite to the renewal of a license
or registration for a home inspector, broker, affiliate broker,
time-share salesperson, acquisition agent license, staff leasing company
or staff leasing group to be submitted to the commission prior to the
expiration of the license, rather than during a designated window of
time. Changes the payment of permit fees for liquefied petroleum gas
businesses to annual instead of biennial. Specifies that the annual
permit fees will be one half
of the amount of the biennial fees. Changes the date that liquefied gas
business permits expire from December 31 to March 31. (Part of
Administration Package) (S: Kyle; H: Yokley)
Senate Co-Sponsor:
Stewart E.
House Co-Sponsor: Turner M.
Senate Status: Senate passed 03/15/2010.
House Status: House passed 03/08/2010.
Other Status: Sent to the speakers for signatures 03/15/2010.
|
HB 0077
Gilmore
|
Alarm system agreement procedures. Requires all alarm systems be
sold with an agreement which contains specific language, including the
signature of the buyer, the date of signature, and a statement informing
the buyer of the agreement and cancellation procedures. Prohibits the
use of an automatic renewal clause. (H: Gilmore)
House Status: Withdrawn in House 02/23/2009.
|
PROPERTY & HOUSING |
SB 0324
Johnson J.
HB 0380
Sargent
Public Chapter (PDF)
|
Disclosing information of residential property. Requires the
owner of the residential property, prior to entering a contract with a
buyer, to disclose in the contract itself, acknowledgment of receipt, if
the property is located in a PUD, and a copy of the development's
restrictive covenants, homeowner bylaws, and master deeds. (S: Johnson
J.; H: Sargent)
Amendment: House amendment 1 revises the disclosure required
by this bill to require "acknowledgment" instead of "acknowledgment of
receipt" and to require that the owner disclose "if the property is
located in a PUD" instead of "whether or not the property is located in a
PUD." Specifies that the restrictive covenants, homeowner bylaws, and
master deed would be "made available to the buyer upon request" instead
of "provided to the buyer."
Senate Status: Senate passed 04/13/2009.
House Status: House 03/30/2009 passed with amendment 1.
Other Status: Enacted as Public Chapter 0112 (effective
07/01/2009).
|
SB 0424
Bunch
HB 0871
Brooks, Kevin
|
Homestead exemptions. Clarifies that $25,000 homestead exemption
for individuals with one or more minor children in such individual's
custody applies whether or not such individual is the head of a family
and only applies upon real property used by the individual and the minor
children as a principal place of residence. (S: Bunch; H: Brooks,
Kevin)
Senate Status: Referred to Senate State & Local
Government.
House Status: Referred to House Judiciary Civil Practice
Subcommittee.
|
SB 0551
Norris
HB
0307
Sargent
Public Chapter (PDF)
|
Governmental entity authorized to improve plats. Permits platting
regulations to provide for appraisal or other improvement method by the
appropriate governmental entity at cost to owners of property in
subdivision instead of requiring completion of work prior to final
approval of a plat. (S: Norris; H: Sargent)
Senate Status: Senate passed 03/26/2009.
House Status: House passed 03/23/2009.
Other Status: Enacted as Public Chapter 0035 (effective
04/08/2009).
|
SB 0789
Overbey
HB 2040
McCord
|
Rented premises unfit for habitation. Removes the July 1, 2009,
repeal of the codified provisions of 2008 Public Chapter 1027 for
certain provisions dealing with rented premises unfit for habitation.
(S: Overbey; H: McCord)
Senate Status: Referred to Senate Commerce, Labor &
Agriculture.
House Status: Referred to House Public Health and Family
Assistance Subcommittee.
|
SB 0902
Burks
HB
0323
Jones S.
|
Victims of domestic abuse - termination of rental agreement. Allows
a tenant who is the victim of domestic abuse, sexual assault, or
stalking to terminate lease agreement for person's primary residence
upon submitting certain evidence to the landlord in writing and vacating
the premises. - Amends TCA Title 66, Chapter 7, Part 1. (S: Burks; H:
Jones S.)
Senate Status: Taken off notice in Senate Judiciary
05/13/2009.
House Status: Taken off notice in House Criminal Practice
Subcommittee 04/22/2009.
|
SB 0922
Stanley
HB
0595
Coleman
Public Chapter (PDF)
|
Definitions in TN Condominium Act. Clarifies that the definition
section of the Tennessee Condominium Act of 2008 applies only to the
extent necessary in construing any of the sections relevant to such act.
(S: Stanley; H: Coleman)
Senate Status: Senate passed 04/20/2009.
House Status: House passed 05/04/2009.
Other Status: Enacted as Public Chapter 0215 (effective
05/18/2009).
|
SB 0993
Harper
HB
0888
Sontany
Public Chapter (PDF)
|
Disclosure of moving a residence before sale. Requires the seller
to disclose to the buyer, either in the contract itself or in writing,
if the property has been moved from an existing foundation to another
foundation. (S: Harper; H: Sontany)
Amendment: House amendment 1 requires that the disclosure of
a residence having been moved from an existing foundation to another
foundation be made prior to entering the contract with the buyer. Limits
a seller's duty to make such disclosure to situations where such
information is known to the seller.
Senate Status: Senate passed 05/04/2009.
House Status: House 04/13/2009 passed with amendment 1.
Other Status: Enacted as Public Chapter 0231 (effective
05/20/2009).
|
SB 1087
McNally
HB 1827
Matlock
|
Crime of removing certain structures from real property. Prohibits
any person from removing a movable structure from a space in which it
is affixed when located in a trailer park if the owner of the land is
renting the space out. Provides that this statute applies only if the
renter has paid to the owner all monies owed by such person. Creates a
Class C misdemeanor for any person removing such structure. (S: McNally;
H: Matlock)
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Criminal Practice
Subcommittee 03/17/2010.
|
SB 1158
Finney L.
HB 1297
Maddox
|
Person entitled to redeem property. Redefines "person entitled to
redeem property" to include only persons who on the date of the tax
sale own a legal or equitable interest in the property sold at the tax
sale. (S: Finney L.; H: Maddox)
Senate Status: Re-referred to Senate Calendar Committee
05/07/2009.
House Status: House passed 05/18/2009.
|
SB 1172
Finney L.
HB 2012
Harmon
|
Requirements for exempt status from property disclosure. Increases
to four from three years time period owner must not have resided at
transferred property to be exempt from residential property disclosure.
(S: Finney L.; H: Harmon)
Senate Status: Referred to Senate Commerce, Labor &
Agriculture.
House Status: Referred to House Commerce Industrial Impact
Subcommittee.
|
SB 1181
Tracy
HB
1180
Fraley
|
Homestead exemption for couples with minor children. Specifies
that married couples with one or more minor children in the couple's
custody are entitled to a $25,000 homestead exemption for real property
owned and used as a principal place of residence by the couple. (S:
Tracy; H: Fraley)
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Civil Practice
Subcommittee 04/07/2009.
|
SB 1285
Bunch
|
Affidavit - full payment on mortgage. Allows, under certain
circumstances, an attorney to execute and record an affidavit showing
that a mortgagee received full payment in accordance with the payoff
statement issued by the mortgagee and, thereby, to obtain a formal deed
of release of the lien on the real property. (S: Bunch)
Senate Status: Referred to Senate Commerce, Labor &
Agriculture.
|
SB 1287
Bunch
HB 1940
Lundberg
|
Homestead exemptions for married persons with minor child. Changes
homestead exemption of $25,000 for person with a minor child in
household to include married persons with a minor child in the
household. (S: Bunch; H: Lundberg)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Civil Practice
Subcommittee.
|
SB 1333
Yager
HB
1151
Ferguson
|
Deeds and the acreage of affected real property. Prohibits the
county register from receiving or filing an instrument by which the
title to real estate is conveyed unless the acreage of the real estate
is clearly stated in the instrument. (S: Yager; H: Ferguson)
Senate Status: Taken off notice in Senate Judiciary
05/06/2009.
House Status: Taken off notice in House Civil Practice
Subcommittee 05/06/2009.
|
SB 1434
Stanley
HB 2080
Towns
|
Requirements for owners of former meth houses. Prohibits the
selling of any residence where a clandestine methamphetamine laboratory
is known by the seller of such property to have been operated until the
property has been properly decontaminated and cleaned by a certified CML
cleanup contractor and certified that such property is safe for human
use by a certified industrial hygienist. Requires the seller of such
property to provide any prospective buyers with notice that a CML has
been operated at the residence and certification of the required
cleanup. Creates a Class A misdemeanor for such violation. (S: Stanley;
H: Towns)
Senate Status: Referred to Senate Commerce, Labor &
Agriculture.
House Status: Taken off notice in House Criminal Practice
Subcommittee 03/25/2009.
|
SB 1436
Stanley
HB 1522
Harwell
|
Unclaimed property subject to custody of the state. Specifies
that certain unclaimed property held on behalf of another is subject to
the custody of the state. (S: Stanley; H: Harwell)
Senate Status: Referred to Senate Commerce, Labor &
Agriculture.
House Status: Referred to House Finance Budget Subcommittee.
|
SB 1468
Haynes J.
HB 1432
Sontany
Public Chapter (PDF)
|
Abatement of nuisances. Includes zoning violations and violations
of building and property standards and codes as nuisances for purposes
of laws regarding abatement of nuisances. (S: Haynes J.; H: Sontany)
Amendment: House amendment 1 removes zoning violations,
defines "gang related conduct" and enumerates actions that constitute
it. Makes exceptions for gang members gathering in the same place for
school, church, and in situations relative to a parent/child
relationship. If the existence of a nuisance is established under this
part, requires an order of abatement to be entered as part of the
judgment or decree of the court to perpetually enjoin the defendant(s)
from engaging in, conducting, or continuing such nuisance, directly or
indirectly. House amendment 2 deletes the language "zoning violations,
or violations of building and property standards and codes" in
subdivision (2)(A). Senate amendment 2 deletes certain definitions from
the list of definitions in the bill.
Senate Status: Senate 06/16/2009 passed with amendment 2.
House Status: House 06/17/2009 concurred in Senate amendment 2.
Other Status: Enacted as Public Chapter 0571 (effective
07/01/2009).
|
SB 1509
Burchett
HB 1576
Johnson P.
|
Damages based on a home inspection report. Establishes a one year
statute of limitations for actions to recover damages arising from a
home inspection report. (S: Burchett; H: Johnson P.)
House
Co-Sponsor: P.
Senate Status: Referred to Senate Judiciary.
House Status: House Civil Practice Subcommittee deferred to
summer study.
Other Status: Referred to Judicial Council for review.
|
SB 1576
Crowe
HB
1394
Johnson P.
|
Notice to terminate tenancy - foreclosure. Requires any person or
entity that acquires a residential property to provide 30 days' written
notice prior to terminating the tenancy of a residential tenant who
occupies the residential property at the time of the state. Establishes
that this section applies to all residential rental property including,
without limitation, residential rental properties located in any county
governed by the Uniform Residential Landlord and Tenant Act. (S: Crowe;
H: Johnson P.)
Senate Status: Taken off notice in Senate Commerce, Labor
& Agriculture 05/05/2009.
House Status: House Judiciary Committee deferred to summer study.
|
SB 1764
Herron
HB 2103
Shepard
|
Delaying the sale of foreclosed property. Requires the first
publication of notice of the sale of any owner-occupied single family
residence to be given at least 60 days previous to such sale. (S:
Herron; H: Shepard)
Senate Status: Referred to Senate Commerce, Labor &
Agriculture.
House Status: Caption bill held on House clerk's desk.
|
SB 1903
Marrero
HB 1637
Jones U.
|
Protections for true owners of residential real property. Revises
the law concerning qualifications for and practices of notary publics
in certain circumstances. Creates protections for true owners of
residential real property where deeds have been signed by persons
involved in fraudulent and criminal activities concerning such property.
(S: Marrero; H: Jones U.)
Amendment: House Judiciary amendment 1 prohibits notaries
from having been convicted of a felony and raises their bond from
$10,000 to $25,000. Creates a civil cause of action for someone who is a
victim by a notary and allows them to recoup attorneys fees and costs.
Senate Status: Senate Judiciary deferred to 05/19/2009.
House Status: Referred to House Finance Budget Subcommittee.
|
SB 1937
Ford O.
HB 1443
Turner J.
|
Time extension for foreclosure notices. Extends the time for the
initial public foreclosure notice from 20 days to 90 days. Requires that
notice be given to the borrower about foreclosure counseling. Requires
mortgage loans be based upon ability of borrower to repay such loans.
(S: Ford O.; H: Turner J.)
Senate Status: Senate Commerce, Labor & Agriculture
deferred to first calendar of 2010.
House Status: House sponsor changed from Turner L. to Turner J.
02/11/2010.
|
SB 1943
Jackson
HB 1467
Shepard
|
Homestead exemption - liens arising from hospital services. Establishes
a homestead exemption of up to $75,000 in the case of a money judgement
arising out of services provided at a hospital. (S: Jackson; H:
Shepard)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Civil Practice
Subcommittee.
|
SB 2008
Harper
HB
1812
Pruitt
|
Leases for residential rental property in Davidson County. Requires
any lease entered into for residential rental property in Davidson
County to contain a provision requiring the tenant to pay to the county
clerk the amount of the rent due under the lease if the owner of the
property fails to pay such costs within 30 days of such a hearing.
Specifies that the clerk must notify the tenant in any month that the
rent is to be paid to the clerk to be used to cover the costs assessed
against the owner of the property. Clarifies that the rent will be paid
into the court until the assessed costs have been fully satisfied. (S:
Harper; H: Pruitt)
Senate Status: Referred to Senate Commerce, Labor &
Agriculture.
House Status: Taken off notice in House Civil Practice
Subcommittee 04/22/2009.
|
SB 2113
Overbey
HB
2041
McCord
Public Chapter (PDF)
|
Rented premises unfit for habitation. Provides for the
continuation of present law pertaining to rented premises unfit for
habitation until later amended or repealed. (S: Overbey; H: McCord)
Senate Status: Senate passed 05/04/2009.
House Status: House passed 04/16/2009.
Other Status: Enacted as Public Chapter 0237 (effective
05/20/2009).
|
SB 2311
Kyle
HB
2323
Turner M.
|
Penalty for failure to enter acceptance of partial payment. Requires
mailing address of property owner be included on deed of conveyance of
real property that is received for recording by any register of deeds.
Increases penalty for failure to enter acceptance of partial payments in
a timely manner. Makes other changes concerning recorded instruments.
(Part of Administration Package) (S: Kyle; H: Turner M.)
Senate Status: Referred to Senate Commerce, Labor &
Agriculture.
House Status: Referred to House Judiciary Civil Practice
Subcommittee.
|
SB 3039
Faulk
HB
3057
Dennis
|
Balances due upon sale real property in foreclosure. Requires
cause of action to recover balance due upon sale of real property to
foreclose a deed of trust, mortgage or other lien where the mortgaged
property sells for less than the amount due. (S: Faulk; H: Dennis)
House
Co-Sponsor: Pitts
Senate Status: Senate Judiciary 02/16/2010 recommended. Sent
to Calendar Committee.
House Status: Referred to House Judiciary Civil Practice
Subcommittee.
|
SB 3446
Tate
HB
2437
Hardaway
|
Notice given to defendant for writ of possession. Requires
sheriff or constable to give at least 24 hour written notice prior to
the execution of the writ of possession. Requires notice to be posted on
the door of the premises described in the writ of possession and to
specify the date and time of the removal of the defendant's personal
property from the premises. Specifies that removal of property can only
occur between the hours of eight o'clock a.m. and five o'clock p.m.
Holds plaintiff civilly liable for damages to defendant's removed
personal property if notice requirements are not followed. (S: Tate; H:
Hardaway)
Senate Status: Referred to Senate Commerce, Labor &
Agriculture.
House Status: House Civil Practice Subcommittee deferred to
03/24/2010.
|
SB 3462
Stewart E.
HB 2999
Jones S.
|
Acceptable time for foreclosure sales. Alters the acceptable time
for foreclosure sales to noon to 7:00 p.m., rather than 10:00 a.m.
through 4:00 p.m. (S: Stewart E.; H: Jones S.)
Senate Status: Referred to Senate Judiciary.
House Status: Caption bill held on House clerk's desk.
|
SB 3479
Jackson
HB
3630
Fincher
|
Rural Land Protection Act. Establishes protection for rural
property for activities including raceways, drag strips, golf driving
ranges, quarries, shooting ranges, motocross courses, farm activities,
normal farming activities, hunting clubs, and horse riding stables. No
person or government entity may enjoin or restrict or abolish such
activities on the property when the use has been in existence for seven
years. (S: Jackson; H: Fincher)
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Civil Practice
Subcommittee 03/10/2010.
|
SB 3554
Ketron
HB
3224
McCord
|
Attachment of liens - visible commencement of operations. Clarifies
the definition of the visible commencement of operations related to
construction services and products. (S: Ketron; H: McCord)
Senate Status: Referred to Senate Commerce, Labor &
Agriculture.
House Status: House Civil Practice Subcommittee deferred to
03/24/2010.
|
SB 3555
Ketron
HB
3239
McCord
|
Attachment of liens - visible commencement of operations. Clarifies
the meaning of the visible commencement of operations related to
construction services and products and to the attachment of liens. (S:
Ketron; H: McCord)
Senate Status: Referred to Senate Commerce, Labor &
Agriculture.
House Status: House Civil Practice Subcommittee deferred to
03/24/2010.
|
PUBLIC EMPLOYEES |
SB 0018
Gresham
HB 0083
Shaw
Public Chapter (PDF)
|
Retired general sessions judges to administer oaths. Adds retired
general sessions judges to the list of people authorized to administer
oaths of office to elected or appointed public officials. (S: Gresham;
H: Shaw)
Senate Co-Sponsor: Ford O.
Senate Status: Senate passed 04/27/2009.
House Status: House passed 03/23/2009.
Other Status: Enacted as Public Chapter 0172 (effective
07/01/2009).
|
SB 0196
Bunch
HB
0263
Watson E.
|
Complaints against law enforcement officers. Requires any
complaint made against a certified law enforcement officer to be in
writing and signed by the complainant. Specifies that the officer
against whom the complaint was lodged must be given a signed copy within
five business days of the complaint being filed. Prohibits disciplinary
action from being taken unless a signed copy of the complaint is given
to the officer, and specifies he may not be suspended or terminated
unless the complaint is investigated and evidence is found. (S: Bunch;
H: Watson E.)
Senate Status: Referred to Senate Judiciary.
House Status: House Judiciary Criminal Practice Subcommittee
03/25/2009 deferred to 2010.
|
SB 0297
Johnson J.
HB 0110
Casada
|
Requirements for notaries. Requires new notaries and renewing
notaries to complete five hours of continuing education at each renewal
period by an approved notary public vendor or an approved notary
instructor. Also requires notaries to pass a written exam. Requires
notaries to maintain journal entries. Allows notaries to perform
electronic notarizations. (S: Johnson J.; H: Casada)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Civil Practice
Subcommittee.
|
SB 0413
Watson B.
HB 0274
Dean
Public Chapter (PDF)
|
Prohibits general assembly member from certain jobs. Prohibits a
person from engaging in the practice of law or serving as a member of
the general assembly while serving as sheriff. (S: Watson B.; H: Dean)
Senate Status: Senate passed 04/02/2009.
House Status: House passed 03/23/2009.
Other Status: Enacted as Public Chapter 0056 (effective
04/14/2009).
|
SB 0438
Overbey
HB 1577
Brooks, Kevin
|
Retirement benefits for general sessions judges. Allows a retired
general sessions judge who has serve at least one full eight year term
to participate in the health insurance plan for employees of local
government until such judge reaches 65 years of age and is Medicare
eligible. (S: Overbey; H: Brooks, Kevin)
Amendment: Senate State & Local Government amendment 1
makes the legislation permissive by authorizing local governments to
utilize a Request for Proposal process for construction management
services for local correctional facility projects.
Council on Pensions and Insurance comment: Council on
Pensions and Insurance adopted and released to full committee with
additional remark that fiscal impact of this bill on local governments
is unknown.
Senate Status: Taken off notice in Senate Finance, Ways &
Means 06/18/2009.
House Status: Taken off notice in House Local Government
Subcommittee 05/06/2009.
Other Status: Council on Pensions & Insurance 03/30/2009
returned without recommendation due to no motion.
|
SB 0548
Norris
HB
0416
Lundberg
Public Chapter (PDF)
|
Government employees providing pro bono legal services. Clarifies
that certain government employees are not prohibited from providing pro
bono legal services. Broadly captioned. (S: Norris; H: Lundberg)
Amendment: House amendment 1 re-writes the bill to allow all
employees of the executive and judicial branches of government who are
licensed to practice law in the state, excluding judges, chancellors and
justices, to voluntarily provide pro bono legal services. Also
clarifies that the administrative director of the courts and the
employees of the state court system who are licensed to practice law in
the state may provide voluntary pro bono legal services. Removes public
defenders and assistant public defenders from the provisions of the
bill.
Senate Status: Senate passed 03/12/2009.
House Status: House 03/12/2009 passed with amendment 1.
Other Status: Enacted as Public Chapter 0007 (effective
07/01/2009).
|
SB 1334
Yager
HB
0937
Ferguson
|
Public defenders authorized to reduce employees' salaries. Allows
the public defender in each judicial district to incrementally reduce
salaries of all employees within the office as may be required to
balance the district's budget for that fiscal year instead of reducing
the number of employees. Provides that any reduction in salary will be
restored when budget constraints are no longer applicable and prior to
the hiring of any new employees. (S: Yager; H: Ferguson)
Senate Status: Withdrawn in Senate 03/05/2009.
House Status: Withdrawn in House 02/25/2009.
|
SB 1358
Tate
HB
1368
Fitzhugh
|
Employees Deferred Compensation Plan Act changes. Changes
references in the Government Employees Deferred Compensation Plan Act
from "consolidate retirement board" to "board of trustees of the
consolidated retirement system." (S: Tate; H: Fitzhugh)
Senate Status: Referred to Senate State & Local
Government.
House Status: Referred to House Finance Budget Subcommittee.
|
SB 1636
Beavers
HB 1455
Coleman
|
Director of the public defenders conference. Removes certain
responsibilities of the executive director of the district public
defenders conference, including requiring the executive director to
initiate conference calls between district public defenders. (S:
Beavers; H: Coleman)
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Criminal Practice
Subcommittee 04/15/2009.
|
SB 1866
Kyle
HB 1944
Maddox
|
Expenses of members of the legislature. Clarifies that expenses
of general assembly members are paid in accordance with Article II,
Section 23 of the state constitution. (S: Kyle; H: Maddox)
Senate Status: Referred to Senate State & Local
Government.
House Status: Taken off notice in House State Government
Subcommittee 05/06/2009.
|
SB 2514
Ketron
|
Employment of non-citizens by the state. Clarifies authority for
state employment to be filled by non-citizens of the state. (S: Ketron)
Senate Status: Withdrawn in Senate 01/25/2010.
|
SB 2879
Faulk
HB
2962
Faulkner
|
Release of confidential records. Expands time in which the chief
law enforcement official is required to notify a requestor of a law
enforcement officer's personal information of the reasons for
withholding such information to seven business days from two business
days. (S: Faulk; H: Faulkner)
Senate Status: Senate passed 03/01/2010.
House Status: House Judiciary Criminal Practice Subcommittee
deferred to 03/24/2010.
|
SB 3170
Burchett
HB 3234
McCord
|
Employees filing consulting disclosures. Requires the ethics
commission, by February 1 of each year, to report on the number of
employees and the names of such employees filing a disclosure for
consulting arrangements to the administrative head of each employing
authority. (S: Burchett; H: McCord)
Senate Status: Referred to Senate State & Local
Government.
House Status: House Elections Subcommittee deferred to last
calendar.
|
SB 3231
Haynes J.
HB 3403
Turner M.
|
Per Diem Reconstruction Act of 2010. Enacts the "Per Diem
Reconstruction Act of 2010." Requires the office of legislative budget
analysis, in consultation with the office of legislative administration,
to conduct a survey on per diem reimbursement rates and other expenses
paid to members of legislative bodies in states bordering Tennessee
during fiscal year 2009-2010. Requires the director to report results of
survey to the speakers of the house and senate and to the finance
committees by February 5, 2011. (S: Haynes J.; H: Turner M.)
Senate Status: Referred to Senate State & Local
Government.
House Status: Referred to House State Government Subcommittee.
|
SB 3250
Tate
HB
3268
Jones S.
|
Infectious disease acquired in the line of duty. Requires that
any professional public safety employee who suffers a condition of
health that is caused by an infectious disease that results in
disability or death be presumed to have disability suffered in the line
of duty. Requires the employing agency to maintain a record of any known
exposure and to notify the employee of such exposure. (S: Tate; H:
Jones S.)
Senate Co-Sponsor: Kyle
House Co-Sponsors:
Cobb T.; Yokley; Richardson; Turner M.; Moore; Ford D.
Senate Status: Senate State & Local Government deferred
to 03/24/2010.
House Status: House Local Government Subcommittee deferred to
03/24/2010.
|
SB 3301
Kelsey
HB
2659
Faulkner
|
Complaints against firefighters and law enforcement. Requires any
complaint against a law enforcement officer to be in writing and signed
by the person making the complaint. Also requires the law enforcement
officer to be given a copy of the complaint within five business days
after the complaint is filed. Prohibits disciplinary action from being
taken against the law enforcement officer unless a signed copy of the
complaint has been given to the officer. Also prohibits the officer from
being indefinitely suspended or terminated based on the complaint
unless such complaint is investigated and there is evidence to prove the
allegation of misconduct. Sets up the same procedures for firefighters.
(S: Kelsey; H: Faulkner)
House Co-Sponsors: Moore; Watson E.;
Evans; Dean; Rich; Todd; Turner M.; Matheny; Eldridge; Richardson; Cobb
T.; Litz; West; Hill; McCormick; McDaniel; Johnson P.; Lundberg;
Winningham; Jones U.; Cobb J.; Towns; Miller L.; Rowland; Tindell; Carr;
Casada
Senate Status: Referred to Senate State & Local
Government.
House Status: House Judiciary Criminal Practice Subcommittee
deferred to 03/24/2010.
|
PUBLIC FINANCE |
SB 0017
Stanley
HB
0074
Matlock
Public Chapter (PDF)
|
Revisions to qualifications of surety bonds issuer. Lowers the
required financial strength rating, or claims-paying ability, from the
highest category to one of the two highest categories. Changes the
required number of rating agencies necessary to verify the issuer's
financial strength rating from two to one. Instructs the treasurer to
continually monitor the financial strength of a qualified insurance
company and at least annually file a report with the funding board and
the collateral pool board, on the condition of the bond issuer.
Specifies that in the event an insurer becomes disqualified, the
financial institution using such insurer's surety bond shall be required
with 30 days notice from the treasurer to substitute other eligible
collateral or to otherwise meet the bank's required collateral level.
(S: Stanley; H: Matlock)
House Co-Sponsors: Sargent; Harwell;
Armstrong; Fitzhugh; Pitts
Amendment: Senate amendment 1 makes the bill. Retains all
provisions of the original bill but deletes references to the term
financial institutions and replaces those references with either the
term state depository or the term qualified public depository. Specifies
that the treasurer must monitor the financial strength rating of a
qualified insurance company at least weekly.
Senate Status: Senate passed 02/26/2009 with previously
adopted amendment 1.
House Status: House passed 03/02/2009.
Other Status: Enacted as Public Chapter 0006 (effective
03/16/2009).
|
SB 0515
McNally
HB 1752
Fitzhugh
|
Appropriations for fiscal year 2009-2010. Makes appropriations to
defray the expenses of state government for fiscal years beginning July
1, 2008 and July 1, 2009. (S: McNally; H: Fitzhugh)
Senate
Co-Sponsors: Henry; Burchett
Senate Status: Taken off notice in Senate Finance, Ways &
Means 06/10/2009.
House Status: Referred to House Finance Budget Subcommittee.
|
SB 1196
Tracy
HB
0911
Casada
|
Appropriations bill for the fiscal year 2009-2010. Makes
appropriations for the purpose of defraying the expenses of certain
legislative enactments passed during the 2009 session of the 106th
general assembly. (S: Tracy; H: Casada)
Senate Status: Taken off notice in Senate Finance, Ways &
Means 04/23/2009.
House Status: Referred to House Finance Budget Subcommittee.
|
SB 1223
Bunch
HB
0916
Hill
|
Transparency in Government Act. Requires the department of
finance and administration to develop and maintain a searchable website
accessible by the public at no cost to access, that includes information
for each expenditure of state funds. Defines expenditure of state funds
as all expenditures by the state, including grants, contracts, tax
refunds, rebates or credits, as well as payments made through economic
and incentive programs operated by the department of economic and
community development, the department of labor and workforce
development, the department of agriculture and the education lottery
corporation. (S: Bunch; H: Hill)
Senate Status: Taken off notice in Senate Finance, Ways &
Means 06/03/2009.
House Status: Taken off notice in House Finance Budget
Subcommittee 06/02/2009.
|
SB 1227
Bunch
HB
0695
Brooks, Kevin
|
Protecting Tennessee's Investments Act. Enacts the "Protecting
Tennessee's Investments Act". Requires a public fund to make its best
efforts to identify all scrutinized companies in which the public fund
has direct or indirect holdings. Requires the board responsible for the
management of a public fund to assemble a scrutinized companies list,
which consists of companies that have invested more than $20,000,000 in
any given year in Iran's petroleum energy sector. Requires the fund to
monitor any scrutinized company that has announced action specific to
Iran. Declares that if after one year the company has not implemented
such plan, within three months after the one-year period, the public
fund is obligated to sell, redeem, divest, or withdraw all publicly
traded securities of the company from the public fund's direct holdings
and the company will be introduced back onto the scrutinized companies
list. Requires the board of a public fund to file a report, made public
and sent to
the governor, the speaker of the senate, and the speaker of the house of
representatives. (S: Bunch; H: Brooks, Kevin)
Council on Pensions and Insurance comment: Council on
Pensions & Insurance 03/23/2009 did not recommend this bill and
commented that the one-time commissions and fees to divest of $127
million of international equities with an Iranian presence and reinvest
in replacement issues is estimated to be approximately $250,000.
However, only actual expenses and administrative costs are set out as
requiring additional funding.
Senate Status: Taken off notice in Senate Finance, Ways &
Means 06/03/2009.
House Status: Referred to House Finance Budget Subcommittee.
Other Status: Council on Pensions & Insurance 03/23/2009 did
not recommend this bill.
|
SB 1858
Kyle
HB
0655
Fitzhugh
|
Requirements for budget document. Deletes requirements that
budget document include personal income statement for calendar year 1977
and actual state appropriations for fiscal year 1977-1978. (S: Kyle; H:
Fitzhugh)
Senate Status: Taken off notice in Senate Finance, Ways &
Means 06/03/2009.
House Status: Referred to House Finance Budget Subcommittee.
|
SB 1859
Kyle
HB
0654
Fitzhugh
|
Appropriations for 2009 legislative enactments. Makes
appropriations for the purpose of defraying the expenses of certain
legislative enactments passed during the 2009 session of the 106th
General Assembly. (S: Kyle; H: Fitzhugh)
Senate Status: Taken off notice in Senate Finance, Ways &
Means 06/03/2009.
House Status: Referred to House Finance Budget Subcommittee.
|
SB 1996
Norris
HB 2192
DeBerry J.
|
Fiscal notes containing operating costs. Modifies the definition
of "operating costs" to include deductions for reductions in recidivism
and cost savings to the community for purposes of fiscal notes for bills
resulting in net increase in periods of state incarceration. (S:
Norris; H: DeBerry J.)
Oversight Corrections Committee comment: Oversight
Corrections Committee 03/16/2009 adopted and released to full committee
with additional remark that the Fiscal Review Committee has revisited
the methodology used to determine the incarceration cost for fiscal
notes. After much study and research the fiscal review Staff made
recommendations to change the methodology used, including incorporating a
recidivism factor. The Fiscal Review Committee has adopted the new
methodology which accomplishes a major part of this legislation.
Senate Status: Referred to Senate State & Local
Government.
House Status: Failed in House Finance Budget Subcommittee
04/22/2009.
Other Status: Oversight Corrections Committee 03/16/2009
reviewed, comment adopted and released to full committee.
|
SB 2304
Kyle
HB
2223
Fitzhugh
|
Appropriations for fiscal years 2008-2009 and 2009-2010. Makes
appropriations for fiscal years 2008-2009 and 2009-2010. (S: Kyle; H:
Fitzhugh)
Senate Status: Taken off notice in Senate Finance, Ways &
Means 06/15/2009.
House Status: Referred to House Finance Budget Subcommittee.
|
SB 2614
McNally
HB
2554
Fitzhugh
|
Appropriations - 2010 annual session of GA. Makes appropriations
to defray the costs of certain enactments of the 2010 annual session of
the 106th General Assembly. (S: McNally; H: Fitzhugh)
Senate Status: Referred to Senate Finance, Ways & Means.
House Status: Referred to House Finance Budget Subcommittee.
|
SB 3116
Marrero
HB 3880
Kernell
|
Claims by persons granted declaratory judgments. Authorizes board
of claims to determine claims for compensation by persons granted
declaratory judgments for state agency's termination of program
participation without compliance with rulemaking process. (S: Marrero;
H: Kernell)
Senate Status: Referred to Senate Judiciary.
House Status: House Civil Practice Subcommittee deferred to
03/24/2010.
|
SB 3502
Burks
HB
3473
Bone
|
Tobacco Master Settlement Agreement - allocation of funds. Allocates
any increase in funds resulting from modifications made in arbitration
to the tobacco master settlement agreement in equal amounts to the
agricultural reserve account to fund the agricultural enhancement grant
program and to the health reserve account to fund wellness and
prevention programs. (S: Burks; H: Bone)
House Co-Sponsors:
McDaniel; Shaw; Armstrong
Senate Status: Referred to Senate Finance, Ways & Means.
House Status: House Budget Subcommittee deferred to last
calendar.
|
SB 3549
Ketron
HB
3351
Curtiss
|
Financial impact of rules and regulations. Requires information
be provided on the projected financial impact of all rules and
regulations promulgated during a fiscal year. (S: Ketron; H: Curtiss)
Senate Status: Referred to Senate State & Local
Government.
House Status: House Budget Subcommittee deferred to 03/31/2010.
|
SB 3702
Black
HB
2526
Casada
|
Appropriations - 2010 session of general assembly. Makes
appropriations for the purpose of defraying the expenses of certain
legislative enactments passed during the 2010 session of the 106th
General Assembly. (S: Black; H: Casada)
Senate Status: Referred to Senate Finance, Ways & Means.
House Status: Referred to House Finance Budget Subcommittee.
|
SB 7017
McNally
HB
7020
Fitzhugh
|
Appropriations - FY 2009-2010 and FY 2010-2011. Makes
appropriations for fiscal years 2009-2010 and 2010-2011. (S: McNally; H:
Fitzhugh)
Senate Co-Sponsors: Henry; Burchett
Senate Status: Referred to Senate Finance, Ways & Means.
House Status: Referred to House Finance, Ways & Means.
|
SB 7019
McNally
HB
7019
Fitzhugh
|
Appropriations - FY 2009-2010 and FY 2010-2011. Makes
appropriations for fiscal year 2009-2010 and fiscal year 2010-2011. (S:
McNally; H: Fitzhugh)
Senate Co-Sponsors: Henry; Burchett
Senate Status: Referred to Senate Finance, Ways & Means.
House Status: Referred to House Finance, Ways & Means.
|
SJR 0025
Black
|
Constitutional amendment - Copeland spending cap. Proposes an
amendment to the constitution of Tennessee to require a two-thirds vote
by the senate and a two-thirds vote of the house of representatives in
order to approve legislation that seeks an increase in appropriations in
excess of the Copeland spending cap for any fiscal year. (S: Black)
Senate Status: Senate Judiciary deferred to 03/25/2009.
|
SJR 0682
Beavers
|
Legislative process for increases in appropriations. Proposes a
constitutional amendment to require a two-thirds vote by both the senate
and the house of representatives in order to approve legislation that
seeks an increase in appropriations in excess of the Copeland spending
cap for any fiscal year. (S: Beavers)
Senate Co-Sponsors:
Tracy; Black
Senate Status: Failed in Senate Judiciary 02/09/2010.
|
RETAIL TRADE |
SB 0836
McNally
HB 1707
Curtiss
Public Chapter (PDF)
|
Broadening of personal rights protection act. Expands the scope
of the "Personal Rights Protection Act of 1984". In current law, any
person who knowingly uses or infringes upon the use of another
individual's name, photograph, or likeness in any medium as an item of
commerce for certain purposes, such as advertising, fund raising, or
solicitation of donations or purchases, without prior consent is liable
in a civil action. This bill extends this provision to additionally
include any person who knowingly uses or infringes upon the use of
another individual's name, photograph, or likeness in any medium as an
item of commerce on or in products, merchandise, or goods. (S: McNally;
H: Curtiss)
Senate Co-Sponsor: Burchett
Amendment: Senate amendment 1 rewrites the bill. Specifies
that an individual is entitled to three times the amount to which the
individual is entitled to as a result of the knowing use or infringement
of such individual's rights, plus reasonable attorney fees, if a person
knowingly uses or infringes the rights of a member of the armed forces
in violation of this part.
Senate Status: Senate 05/04/2009 passed with amendment 1.
House Status: House passed 05/21/2009.
Other Status: Enacted as Public Chapter 0359 (effective
06/05/2009).
|
SB 2511
Marrero
HB 2562
Richardson
|
Safe Access to Medical Cannabis Act. Establishes the "Safe Access
to Medical Cannabis Act." Safe Access program shall provide a means of
registration for a patient who has been diagnosed by a practitioner with
a qualifying medical condition to receive medical marijuana. Qualifying
medical conditions include cancer; glaucoma; positive status for HIV;
AIDS; Hepatitis C; cachexia; wasting syndrome; severe, debilitating,
chronic pain; severe nausea; seizures; muscle spasms; ALS or any other
medical condition which results in enrollment in a hospice program.
Qualifying patients shall receive a prescription for medical cannabis
from a practitioner verifying that the potential benefits would likely
outweigh the health risks for that patient. (24 pp.) (S: Marrero; H:
Richardson)
Senate Status: Referred to Senate Government Operations.
House Status: House Government Operations 03/17/2010 recommended
with a neutral recommendation. Sent to House Health & Human
Resources.
|
TAXES BUSINESS |
SB 0602
Burchett
HB 1238
Curtiss
|
Initiation of litigation in chancery court. Authorizes both the
taxpayer or the commissioner of revenue to initiate litigation in the
chancery court of Davidson County for the determination of a proper
business tax assessment when no return is filed and the two parties
cannot agree on an assessment after findings of information are
evaluated. Broadly captioned. (S: Burchett; H: Curtiss)
Senate Status: Referred to Senate Judiciary.
House Status: Caption bill held on House clerk's desk.
|
SB 0835
McNally
HB 1483
Fitzhugh
|
Enforcement against nonprofit taxpayers. Prohibits commissioner
of revenue from exercising measures under the Tax Enforcement Procedures
Act against nonprofit taxpayers until final adjudication of taxpayer's
appeal. Broadly captioned. (S: McNally; H: Fitzhugh)
Senate Status: Taken off notice in Senate Finance Tax
Subcommittee 03/18/2009.
House Status: Referred to House Finance Budget Subcommittee.
|
SB 0861
Black
HB 1144
Brooks, Harry
|
Fee for collection and recording of business tax. Increases
amount municipal tax collecting official may charge for collecting
business tax to $7 from $5, with additional $2 earmarked for computer
related expenses including computer hardware purchases. (S: Black; H:
Brooks, Harry)
Senate Status: Senate passed 04/30/2009.
House Status: Held on House clerk's desk.
|
SB 1853
Kyle
HB
0649
Fitzhugh
|
Occupational privilege tax exemptions. Clarifies that medical
interns, residents, and fellows issued a special training license while
participating in an accredited training program are exempt from the
occupational privilege tax. Broadly captioned. (S: Kyle; H: Fitzhugh)
Senate Status: Referred to Senate Finance Tax Subcommittee.
House Status: Caption bill held on House clerk's desk.
|
SB 2181
Harper
HB
2239
Odom
|
Exemptions from professional privilege tax. Authorizes
accountants, engineers, architects, landscape architects, and real
estate brokers to present a declaration in lieu of a certified affidavit
attesting to s inactive status for purposes of demonstrating exemption
from the professional privilege tax. Broadly captioned. (S: Harper; H:
Odom)
Senate Status: Taken off notice in Senate Finance, Ways &
Means 06/12/2009.
House Status: Caption bill held on House clerk's desk.
|
SB 2290
Kyle
HB
2264
Turner M.
|
Revises excise tax exemption for FONCEs. Revises the excise tax
exemption for certain family-owned non-corporate entities (FONCEs).
Includes rents from residential or farm property but not commercial or
industrial property and not including golf course playing hole
improvements. (Part of Administration Package) (S: Kyle; H: Turner M.)
Senate Status: Taken off notice in Senate Finance, Ways &
Means 06/15/2009.
House Status: Taken off notice in House Finance Budget
Subcommittee 06/17/2009.
|
SB 3073
Herron
HB
3085
Fitzhugh
|
Limited excise tax exemptions for certain businesses. Creates a
limited excise tax exemption for the first $25,000 in net income of any
business having annual profits of less than $100,000 for tax years 2010
and 2011. Creates a limited excise tax exemption for the first $15,000
in net income of any business having annual profits between $100,000 and
$200,000 for tax years 2010 and 2011. (S: Herron; H: Fitzhugh)
Senate Status: Taken off notice in Senate Finance Tax
Subcommittee 03/09/2010.
House Status: Referred to House Finance Budget Subcommittee.
|
SB 3360
Kyle
HB
3513
DeBerry L.
|
Deducting reasonable costs of audit. Allows commissioner of
revenue to deduct the reasonable costs of an audit of a taxpayer before
any money received as a result of such audit gets distributed. (S: Kyle;
H: DeBerry L.)
House Co-Sponsors: Miller L.; Jones U.
Senate Status: Senate Finance Tax Subcommittee deferred to
last calendar.
House Status: Caption bill held on House clerk's desk.
|
HB 0019
Hardaway
|
Privilege tax on professional athletes and entertainers. Imposes
an occupational privilege tax on professional athletes and professional
entertainers. Specifies that privilege tax will be $400 annually per
athlete or entertainer. Broadly captioned. (H: Hardaway)
House Status: Taken off notice in House Finance Budget
Subcommittee 03/17/2010.
|
TAXES GENERAL |
SB 0533
McNally
HB
0345
Hackworth
|
Hall income tax exemption for certain persons over 70. Exempts
from the Hall income tax a person who is 70 years or older having a
total annual income derived from all sources that is less than one-half
of the per capita income in Tennessee for the prior calendar year. Also
exempts from the tax any persons who file a joint return and either
spouse is 70 years of age or older having a total joint income derived
from any and all sources that is less than one-half of the per capita
income in Tennessee for the prior calendar. (S: McNally; H: Hackworth)
Senate Status: Taken off notice in Senate Finance Tax
Subcommittee 03/11/2009.
House Status: Referred to House Finance Budget Subcommittee.
|
SB 0574
Jackson
HB
0594
Coleman
|
Inheritance tax - maximum single exemption. Increases from $1
million to $3.5 million the maximum single exemption allowable for
determining the net taxable estate for inheritance tax purposes for 2009
and subsequent years. (S: Jackson; H: Coleman)
Senate Status: Taken off notice in Senate Finance Tax
Subcommittee 03/11/2009.
House Status: House Budget Subcommittee 06/15/2009 deferred to
next calendar.
|
SB 0696
Southerland
HB 1540
Litz
|
Phasing out of inheritance tax. Phases out the inheritance tax
over a four-year period beginning January 1, 2010, by incrementally
reducing the amount of the tax each year. For decedents who died in 2014
and thereafter, no such tax applies. (S: Southerland; H: Litz)
Senate Status: Taken off notice in Senate Finance Tax
Subcommittee 03/11/2009.
House Status: Referred to House Finance Budget Subcommittee.
|
SB 0785
Overbey
HB 1878
McDaniel
|
Gift tax exemption. Eliminates distinction between Class A and
Class B donees for gift tax purposes. Increases gift tax exemption by
linking Tennessee law to federal gift tax exemption. Sets tax rate for
all gifts to current rate for Class A (family member) donees. (S:
Overbey; H: McDaniel)
Senate Status: Senate Finance Tax Subcommittee 03/11/2009
deferred to the last item on the last calendar.
House Status: Referred to House Finance Budget Subcommittee.
|
SB 1195
Tracy
HB
0909
Casada
|
Exemptions from occupational privilege tax. Provides that medical
interns, residents, and fellows issued a special training license while
participating in an accredited training program are exempt from the
occupational privilege tax. Authorizes imposition of licensing fees for
special training licenses. Broadly captioned. (S: Tracy; H: Casada)
Senate Status: Taken off notice in Senate Finance Tax
Subcommittee 03/18/2009.
House Status: Caption bill held on House clerk's desk.
|
SB 1200
Tracy
HB
0543
Litz
|
Inheritance tax - federal exclusion. Adopts amount of federal
exclusion as amount of inheritance tax exemption for decedents dying in
2009 and thereafter. (S: Tracy; H: Litz)
Senate Status: Taken off notice in Senate Finance Tax
Subcommittee 03/18/2009.
House Status: Referred to House Finance Budget Subcommittee.
|
SB 1421
Stewart E.
HB 0668
Hackworth
|
Rates for professional privilege tax. Revises amounts of
professional privilege tax to be paid for persons licensed or registered
after July 1, 2009, by basing amount upon years a person has been
licensed or registered as a professional. (S: Stewart E.; H: Hackworth)
Senate Status: Referred to Senate Finance Tax Subcommittee.
House Status: Referred to House Finance Budget Subcommittee.
|
SB 1527
Burchett
HB 1280
McManus
|
Jurisdiction of contested case hearings. Transfers contested case
hearings currently under the jurisdiction of the department of revenue
to the office of the secretary of state. Broadly captioned. (S:
Burchett; H: McManus)
Senate Status: Referred to Senate State & Local
Government.
House Status: Caption bill held on House clerk's desk.
|
SB 1684
Ketron
HB 1430
Sontany
Public Chapter (PDF)
|
Privilege tax on criminal cases. Creates $1 privilege tax on
criminal cases to fund a 24-hour a day victim information and
notification system to be operated by the Tennessee Sheriffs'
Association. (S: Ketron; H: Sontany)
Amendment: Senate amendment 1 adds language to the original
bill to allocate the initial deposit of $34,000 to the general fund for
the Department of Revenue to use to defray computer-related expenses
related to this legislation.
Senate Status: Senate 05/20/2009 passed with amendment 1.
House Status: House passed 06/03/2009.
Other Status: Enacted as Public Chapter 0488 (effective
07/01/2009).
|
SB 1699
Overbey
HB 1879
McDaniel
|
Revisions to gift and inheritance tax exemptions. Specifies that
for the sole purpose of determining net gifts under the gift tax
exemption provision, there must be allowed against the net gifts a
maximum cumulative lifetime single exemption of an amount equal to
$1,000,000. Clarifies that the maximum single exemption permitted under
inheritance tax credits provisions must be reduced by an amount equal to
the exemption in the gift tax to the extent that it was applied to
reduce the decedent's net gifts. (S: Overbey; H: McDaniel)
Senate Status: Senate Finance Tax Subcommittee deferred to
last calendar.
House Status: Referred to House Finance Budget Subcommittee.
|
SB 1850
Kyle
HB
1232
Fitzhugh
|
Clarification of Tennessee taxpayer bill of rights. Clarifies the
Tennessee taxpayer bill of rights. Provides that confidentiality of
taxpayer information applies in accordance with provisions of TCA
67-1-1702 and all other applicable statutes. (S: Kyle; H: Fitzhugh)
Senate Status: Taken off notice in Senate Finance, Ways &
Means 06/03/2009.
House Status: Caption bill held on House clerk's desk.
|
SB 2876
Haynes J.
HB 2945
Tindell
|
Court order dismissing tax collection action. Allows a copy of a
court order in lieu of a memorandum of the judgment of the court to
state the dismissal of tax collection action due to statute of
limitations. Broadly captioned. (S: Haynes J.; H: Tindell)
Judicial Council comment: The Judicial Council observed
that, as written, this bill appears to have no specific effect on
judicial administration. Therefore, the Judicial Council offered no
comment.
Senate Status: Referred to Senate Judiciary.
House Status: Caption bill held on House clerk's desk.
Other Status: Tennessee Judicial Council 03/04/2010 reviewed the
bill with no comment.
|
SB 2922
Burchett
HB 2495
Harwell
|
Changes variable Tennessee inheritance tax rate. Replaces
current, variable Tennessee inheritance tax rate based on total estate
amount with a single inheritance tax rate of 5.5 percent for decedents
dying after January 1, 2011. (S: Burchett; H: Harwell)
Senate Status: Taken off notice in Senate Finance Tax
Subcommittee 03/09/2010.
House Status: Referred to House Finance Budget Subcommittee.
|
SB 2978
Tate
HB 3934
Turner J.
|
Food Sales & Franchise Tax Cut and Job Creation Act of 2010. Creates
a state income tax. Eliminates the state sales tax on food and the Hall
income tax. Reduces the general state sales tax from seven percent to
five percent. Decreases the business franchise tax. Sets the income tax
for those filing as single, married filing separately, residential
estate and residential trust as zero for taxable income under $17,500
($35,000 for married filing jointly, $26,000 for head of household) and
graduated rates of 3% to 7.75% above that level. Requires nonresidents
who earn income in Tennessee to pay state income tax set at the same
rate as the residents. Creates certain tax credits that can be applied
for the federal income tax. Broadly captioned. (93 pp.) (S: Tate; H:
Turner J.)
Senate Status: Taken off notice in Senate Finance, Ways &
Means 02/05/2010.
House Status: Referred to House Finance, Ways & Means. House
Government Operations will review if recommended.
|
SB 3134
McNally
HB
3164
Curtiss
|
Unauthorized substances tax: dealer, not the possessor. Revises
the tax on unauthorized substances based on the Tennessee Supreme
Court's decision in Waters v. Farr to impose the tax on the dealer, not
the possessor, of unauthorized substances. (S: McNally; H: Curtiss)
Senate Status: Senate Finance Tax Subcommittee deferred to
last calendar.
House Status: House Government Operations 03/10/2010 recommended.
Sent to House Judiciary.
|
SB 3136
McNally
HB
3170
Curtiss
|
Lawsuits challenging state taxes. Clarifies that orders and
pleadings cannot be issued or filed in lawsuits challenging state taxes,
unless it is a properly filed suit in the appropriate chancery court
and the court can only issue a stay on the collection of the tax pending
final determination of the suit. (S: McNally; H: Curtiss)
Senate Status: Senate Judiciary deferred to 03/23/2010.
House Status: House Budget Subcommittee deferred to 03/24/2010.
|
SB 3371
Marrero
HB
3184
Turner M.
|
TN Taxpayer Equality Act of 2010. Enacts the "Tennessee Taxpayer
Equality Act of 2010." Requires the joint select committee on business
taxes to review and assesses all tax exemptions to determine their
continued feasibility and necessity. Requires the chair of the
committee, prior to June 30, 2013, to cause to be prepared legislation
that would repeal certain tax exemptions. (S: Marrero; H: Turner M.)
Senate Status: Taken off notice in Senate Finance Tax
Subcommittee 03/09/2010.
House Status: Referred to House Finance Budget Subcommittee.
|
SB 3483
Ramsey R.
HB 2884
Mumpower
|
Increased inheritance tax exemption. Increases the inheritance
tax exemption for decedents dying in 2012 $100,000 dollars per year
until the exemption amount equals $3.5 million dollars. (S: Ramsey R.;
H: Mumpower)
Senate Co-Sponsor: Ketron
Senate Status: Taken off notice in Senate Finance Tax
Subcommittee 03/09/2010.
House Status: Referred to House Finance Budget Subcommittee.
|
SB 3646
Black
HB 3766
Lynn
|
Incremental phase-out of inheritance tax. Phases out the
inheritance tax by incrementally reducing the amount of the tax each
year until tax is completely phased out for decedents dying in 2013 and
thereafter. (S: Black; H: Lynn)
House Co-Sponsors: Maggart;
Campfield; Swafford
Senate Status: Referred to Senate Finance, Ways & Means.
House Status: Referred to House Finance Budget Subcommittee.
|
TAXES PROPERTY |
SB 0279
Haynes J.
HB 0382
Sargent
|
Classification for affordable housing rental property. Provides
for the classification of certain property as affordable housing rental
property. Provides for assessment of tax based on present use value,
which is defined as gross revenue from restricted rents times 6.0.
Allows any owner to file an application for such classification with the
assessor of property of such county on or before March 31 on the first
year for which the classification is sought. (S: Haynes J.; H: Sargent)
Senate Status: Senate Commerce, Labor & Agriculture
deferred to 04/28/2009.
House Status: Taken off notice in House State Government
Subcommittee 05/06/2009.
|
SB 0429
Bunch
HB 0598
Kelsey
Public Chapter (PDF)
|
Property tax right of redemption. Changes time period for
authorized right of redemption to within one year from the date of the
recording of tax deed, as evidenced by county register of deeds records,
for all counties except Knox. Present law designates period as within
one year from the date the property was sold, as evidenced by order of
confirmation, for all counties except Knox. For Knox County, changes
time period for authorized right of redemption to within ninety days
after the date of the recording of the tax deed from present law time
frame of within ninety days after order of confirmation by the court.
(S: Bunch; H: Kelsey)
Amendment: Senate amendment 1 clarifies that the redemption
period is one year from the date of the order of the confirmation of
sale.
Senate Status: Senate 04/02/2009 passed with amendment 1.
House Status: House passed 04/27/2009.
Other Status: Enacted as Public Chapter 0156 (effective
07/01/2009).
|
SB 0873
Ketron
HB
0889
Hackworth
Public Chapter (PDF)
|
Procedures for forced assessment and equalization. Provides that
business taxpayer who fails to file a personal property schedule is
deemed to have waived objections to forced assessment by assessor
(rather than class A misdemeanor). Provides new procedure for
mitigation of forced assessment if taxpayer fails to make timely appeal
to county board of equalization; mitigation is limited to extent forced
assessment exceeds depreciated value of property by 25 percent or more.
(S: Ketron; H: Hackworth)
Senate Status: Senate passed 03/30/2009.
House Status: House passed 04/23/2009.
Other Status: Enacted as Public Chapter 0163 (effective
05/07/2009).
|
SB 1347
Tate
HB
0042
Hardaway
|
Offsetting payroll taxes in certain counties. Requires certain
counties that levy a payroll tax to reduce the county real property tax
rate in an amount sufficient to offset all revenue derived by the county
from such payroll tax. Requires certain municipalities that levy a
payroll tax to reduce the municipal real property tax rate in an amount
sufficient to offset all revenue derived by the city from such payroll
tax. (S: Tate; H: Hardaway)
Senate Status: Taken off notice in Senate Finance Tax
Subcommittee 03/11/2009.
House Status: Caption bill held on House clerk's desk.
|
SB 1543
Burchett
HB 1813
Odom
|
Governmental entities selling of tax receivables. Broadens
authority to sell property tax receivables to all political subdivisions
of the state and any other state or local governmental entities that
are authorized to assess taxes on real property. (S: Burchett; H: Odom)
Senate
Co-Sponsor: Ketron
Amendment: Senate State & Local Government amendment 1
allows city or county to opt in to the provisions of the bill by simple
majority vote of city or county governing body.
Senate Status: Re-referred to Senate Calendar Committee
05/11/2009.
House Status: House State & Local Government 05/20/2009
recommended with amendments 1 & 2. Sent to Calendar & Rules.
|
SB 1570
Ketron
HB 1535
McCormick
Public Chapter (PDF)
|
Property assessors to intervene in contested cases. Specifies
that the division of property assessments has the right to intervene in
contested cases before the state board of equalization. Specifies
persons who are authorized to represent the assessor of property in
contested case hearings before the state board of equalization. (S:
Ketron; H: McCormick)
Amendment: Senate amendment 1 gives the division of property
assessment the unconditional right to intervene in a contested case
before the state board of equalization. Specifies who may represent the
assessor of property in any contested case before the state board of
equalization.
Senate Status: Senate 05/07/2009 passed with amendment 1.
House Status: House passed 05/07/2009.
Other Status: Enacted as Public Chapter 0256 (effective
05/20/2009).
|
SB 1829
Kyle
HB 1740
Kelsey
|
Amended schedule of personal property - time period. Tolls time
period for taxpayer to file amended schedule of personal property when
taxpayer's personal property account has been audited and the audit
reveals that the assessment should be adjusted downward. (S: Kyle; H:
Kelsey)
Senate Status: Senate Finance Tax Subcommittee deferred to
03/25/2009.
House Status: Taken off notice in House Local Government
Subcommittee 05/06/2009.
|
SB 2037
Norris
HB 1990
Fitzhugh
Public Chapter (PDF)
|
Liens for uncollected property taxes. Provides that trustee's
failure to publish notice of enforcement of lien for uncollected
property taxes cannot be 4sed as a defense in any suit for tax
collection. Includes property taxes due or delinquent on the property in
the lawful charges to preserve the value of the property that a court
must order a person redeeming the property to pay. (S: Norris; H:
Fitzhugh)
Amendment: House amendment 1 corrects typographical errors
by changing "country" to "county" and "suites" to "suits." Senate
amendment 2 removes the provision of this bill which specifies that
failure of the trustee to make publication is not a defense in a legal
action to collect taxes.
Senate Status: Senate 04/20/2009 passed with amendment 2.
House Status: House 04/27/2009 concurred in Senate amendment 2.
Other Status: Enacted as Public Chapter 0185 (effective
05/07/2009).
|
SB 2039
Norris
HB 1989
Fitzhugh
Public Chapter (PDF)
|
County trustees to submit partial tax payment plan. Requires the
county trustee to file a plan with the comptroller of the treasury at
least 30 days prior to the acceptance of partial payments of property
taxes. Specifies the plan should include: a description of the
accounting system technology or manual processes to be used to record
partial payments; a statement indicating whether such a process of
collecting property taxes will be implemented within the existing
operating resources of the office or an indication of prior approval by
the county legislative body if accounting system upgrades or additional
operating resources are needed; and a documentation of the internal
controls that will ensure all property tax payments are being recorded
and accounted for as required by law. (S: Norris; H: Fitzhugh)
Senate Status: Senate passed 03/26/2009.
House Status: House passed 04/06/2009.
Other Status: Enacted as Public Chapter 0071 (effective
04/15/2009).
|
SB 3052
Woodson
HB 3232
McCord
|
Government endeavors - broad caption. Requires the state board of
equalization to provide citizens with requested public records by mail
or "fax", rather than "telecopier". Broadly captioned. (S: Woodson; H:
McCord)
Senate Status: Referred to Senate State & Local
Government.
House Status: Caption bill held on House clerk's desk.
|
SB 3109
Marrero
HB
2643
Cooper B.
|
Suits to invalidate a tax title. Provides that a property owner
suing to invalidate a tax sale may not recover damages from the
delinquent tax sale purchaser for the purchaser's improvements to the
property which increased its value. (S: Marrero; H: Cooper B.)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Local Government Subcommittee.
|
SB 3174
Herron
HB 3190
Barker
|
Procedures for delinquent tax sales. Designates procedures for
delinquent tax sales of property when delinquent taxes are owed to both
municipality and county. (S: Herron; H: Barker)
Amendment: House Finance amendment 1 corrects typographical
error, changing "(c)" to "(d)" in Section 1.
Senate Status: Referred to Senate State & Local
Government.
House Status: Set for House floor 03/22/2010.
|
SB 3588
Ketron
HB
2833
Todd
|
Assessment appeals commission: conflict of interest. Requires
that only one person at any one time elected to the assessor's office
may be eligible for appointment on the assessment appeals commission.
Requires commission member's recusal when the member has a conflict of
interest. Specifies that a conflict of interest occurs when the member
has an interest in the property or participated in the decision which is
the subject of the complaint. (S: Ketron; H: Todd)
Senate Status: Referred to Senate State & Local
Government.
House Status: Taken off notice in House State & Local
Government 03/16/2010.
|
SB 3685
McNally
HB
3608
Fitzhugh
|
Property assessment appeal and exemption fees. Increases the
amounts that may be charged in connection with filing an application for
exemption from property taxes as a religious, charitable, scientific,
or educational institution and the costs of a hearing on the assessment
of property taxes. Removes the prohibition against assessing fees over
$1.00 per parcel for electronically filed appeals until the actual
appeal forms are filed. (S: McNally; H: Fitzhugh)
Senate Status: Senate State & Local Government 03/17/2010
recommended. Sent to Senate Finance, Ways & Means.
House Status: Set for House floor 03/25/2010.
|
SB 3708
Haynes J.
HB 3508
Fitzhugh
|
Impairment of leasehold or permanent easement interests. Clarifies
that a tax lien or tax sale does not impair the validity of a separate
leasehold interest or permanent easement interest when the interest's
taxes have been paid. (S: Haynes J.; H: Fitzhugh)
Senate Status: Referred to Senate State & Local
Government.
House Status: Referred to House Local Government Subcommittee.
|
SB 3782
Bunch
|
Taxpayer property redemption: changes in time. Alters the time
when a taxpayer may redeem property from one year from the date the
property was sold to one year from the date of the sale confirmation
order. (S: Bunch)
Senate Status: Referred to Senate Judiciary.
|
SB 3788
Bunch
HB
3037
Dennis
|
Redeeming property from clerk's office. Clarifies that a person
may redeem property sold for taxes by paying money to the clerk within
one year of date of order of confirmation of sale, evidenced by county
register of deeds records. (S: Bunch; H: Dennis)
Senate Status: Senate passed 03/01/2010.
House Status: Referred to House Local Government Subcommittee.
|
TAXES SALES |
SB 3452
Yager
HB
3481
Ferguson
|
Study on collection of sales tax from Internet purchases. Directs
the department of revenue to study benefits and potential hurdles to
collecting sales tax on all Internet sales and report to finance, ways
and means committees of the house and senate by December 15, 2010. (S:
Yager; H: Ferguson)
Senate Status: Referred to Senate Finance, Ways & Means.
House Status: Referred to House Finance Budget Subcommittee.
|
SB 3648
Crowe
HB 3893
Hill
|
Exempts nonprofit organization from sales tax on food. Exempts
nonprofit organizations from sales tax on food, prepared food, and
tickets to certain events that include the provision of food for up to
24 events per year. (S: Crowe; H: Hill)
Senate Status: Taken off notice in Senate Finance Tax
Subcommittee 03/09/2010.
House Status: House Budget Subcommittee deferred to 03/31/2010.
|
TAXES UNEMPLOYMENT |
SB 0432
Bunch
HB 1571
West
|
Corporate officers - exemption from unemployment laws. Permits
any officer of a corporation to elect to be exempt from unemployment law
provisions. Specifies that any officer who elects exemption and
subsequently revokes it must give notice to that effect. Requires that
the notice of election not to accept the provisions of Tennessee
Employment Security Law be written or printed and filed with the
division in order to denote that the rejection was not encouraged by any
other officer of the employer or by anyone acting for the employer. (S:
Bunch; H: West)
Senate Status: Senate Commerce, Labor & Agriculture
deferred to 04/28/2009.
House Status: Taken off notice in House Employee Affairs
Subcommittee 02/03/2010.
|
TENNCARE |
SB 2280
Kyle
HB
2325
Stewart M.
Public Chapter (PDF)
|
Administrative proceedings to recover TennCare funds. Allows the
bureau of TennCare to bring administrative proceedings to recover
TennCare funds against any person specified by the attorney general
other than an enrollee, recipient or applicant. Specifies that the
amount of actual damages that the state may seek in such administrative
proceeding shall not exceed $10,000. Also specifies that this limit does
not apply to any civil penalties which the state is eligible to recover
(Part of Administration Package). (S: Kyle; H: Stewart M.)
Senate
Co-Sponsor: Henry
House Co-Sponsor: Turner M.
Amendment: House amendment 1 removes the emergency
rulemaking provisions for TennCare.
Senate Status: Senate 06/09/2009 concurred in House amendment
1.
House Status: House 06/03/2009 passed with amendment 1.
Other Status: Enacted as Public Chapter 0528 (effective
06/25/2009).
|
SB 2774
Burchett
HB 3254
Armstrong
|
Claims by TennCare on decedent's estate. Grants the state one
year to file a claim against a decedent's estate for money owed to
TennCare. Removes the requirement that the representative of the
decedent's estate must provide or request a release before the assets of
the estate be distributed and closed. (S: Burchett; H: Armstrong)
Senate Status: Referred to Senate Judiciary.
House Status: House Civil Practice Subcommittee recommended
03/17/2010. Sent to House Judiciary.
|
SB 3087
Burchett
HB 3135
Dunn
|
Calculating state's subrogation interest: requirements. Directs
plaintiff's attorney to contact the commissioner of finance and
administration's designee, and the designee is responsible for
determining whether the state has a subrogation interest regarding
certain TennCare settlements and judgments. (S: Burchett; H: Dunn)
Amendment: House Judiciary amendment 1 requires TennCare to
maintain a website, which must be updated bi-annually, that identifies
the individual managed care organizations that have authorization to
pursue the state's right of action in subrogation. Requires that the
website must provide the appropriate manner for contacting the managed
care organizations. Specifies that before the entry of the judgment or
settlement in a personal injury case the plaintiff's attorney must
notify and contact any MCOs which incurred medical expenses on behalf of
a TennCare recipient plaintiff in order to determine if the state or
any MCO has a subrogation interest. Requires any entity having a
subrogation interest to respond to the plaintiff's attorney within 60
that such an interest exists or that additional time is necessary to
determine the amount of the subrogation interest. Specifies that in no
case shall an entity claiming a subrogation interest take longer than
120 days to determine
the amount of the subrogation interest.
Senate Status: Senate General Welfare 03/17/2010 recommended
with amendment 1.
House Status: House Budget Subcommittee recommended 03/17/2010.
Sent to House Finance.
|
SB 3256
Tate
HB 3879
Cooper B.
|
Parent education training classes. Requires parents or caretakers
receiving temporary aid for dependent children benefits to agree to
participate in parent education training classes for parents or
caretakers of children in pre-kindergarten through third grade. (S:
Tate; H: Cooper B.)
House Co-Sponsors: Miller L.; DeBerry J.;
Camper; DeBerry L.; Jones U.; Coley; Kernell; Towns; Turner J.
Senate Status: Taken off notice in Senate General Welfare
02/08/2010.
House Status: House Health Care Facilities Subcommittee
recommended 03/17/2010. Referred to House Health & Human Resources.
|
SB 3460
Stewart E.
HB 3612
Matheny
|
Federal waiver for bridge Medicaid eligibility. Requires the
bureau of TennCare to develop and the department of finance and
administration to file a federal waiver or waiver amendment to provide
bridge Medicaid eligibility to persons formerly eligible due to SSI who
were disenrolled from TennCare pursuant to eligibility redeterminations
pursuant to Daniels v Goetz. Specifies that the bridge eligibility shall
be in effect until such persons are eligible for coverage under the
federal social security disability insurance program. (S: Stewart E.; H:
Matheny)
Senate Status: Referred to Senate Commerce, Labor &
Agriculture.
House Status: Referred to House Commerce.
|
TORT LIABILITY |
SB 0014
Yager
HB 0940
Ferguson
|
Community action agencies - governmental tort liability. Adds
community action agencies to definition of governmental entity for
purposes of Tennessee Governmental Tort Liability Act. (S: Yager; H:
Ferguson)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Civil Practice
Subcommittee.
|
SB 0076
Stanley
HB 0289
Kelsey
|
Health care liability actions as medical malpractice reform. Changes
"medical malpractice" to "health care liability action" and revises
provisions of law relative to such action. Specifies that recoverable
damages do not include expenses or charges that have been discounted or
forgiven for any reason, including discounts arising from a relationship
with a health insurer or other payor. Stipulates that when liability is
admitted or established, the damages awarded may include noneconomic
losses, provided such damages do not exceed a total of $250,000 against
all health care practitioners and/or facilities who are defendants.
Limits the aggregate amount of damages recovered by a plaintiff for such
losses to $500,000. Allows any party involved in such a case to enter a
judgment ordering that damages be paid in whole or in part by periodic
payments rather than by a lump sum payment if the award equals or
exceeds $75,000. Requires judgment debtors in such cases to post
security
adequate to assure full payment of such damages awarded by the judgment
when not adequately insured. Makes debtors who become delinquent in
paying liable for further damages including court and attorney costs.
Establishes provision for transfer of payments upon death of creditor.
Changes limitations for reasonable attorneys' fees from 33 1/3 percent
of total damages to the following: 40 percent of the first $50,000; 33
1/3 percent of the next $50,000; 25 percent of the next $500,000; and 15
percent of any amount by which the recovery exceeds $600,000. Requires
expert witnesses to have been practicing the same specialty as the
defendant for the past year. Prohibits an action against an attorney for
legal malpractice from arising based solely on the fact that the
damages awarded in the underlying health care liability action exceeded
the amount sought in the ad damnum of the complaint filed in such
underlying action. Specifies that the plaintiff may not attempt to seek
recovery on this
difference from the attorney unless the attorney's conduct in the
underlying action constituted fraud or willful misconduct. Requires a
plaintiff in any action for damages alleging professional negligence
against a health care provider to file a HIPAA-compliant medical
authorization form when filing the complaint. Authorizes the release of
certain health care information to attorneys in such cases. (S: Stanley;
H: Kelsey)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Civil Practice
Subcommittee.
|
SB 0147
Ketron
HB 0308
Sargent
|
Judgments over limits of insurance policy. Clarifies that
judgments rendered against self-insured governmental entities are
limited whether or not the entity purchases reinsurance or high single
insured retentions. (S: Ketron; H: Sargent)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Civil Practice
Subcommittee.
|
SB 0394
Tracy
HB 0567
Cobb C.
|
Civil liability for health care professionals volunteering. Clarifies
that a free clinic is not immune to civil liability when accepting a
contribution made by a person receiving services at the clinic. (S:
Tracy; H: Cobb C.)
Senate Status: Taken off notice in Senate Judiciary
04/08/2009.
House Status: Referred to House Judiciary Civil Practice
Subcommittee.
|
SB 0420
Bunch
HB 1693
Watson E.
|
Liability for facilities providing residential services. Requires
any facility that is exempt from federal income taxation only be liable
for damages up to the sum of $300,000 per claimant and $1,000,000 per
occurrence for actions arising in tort during the time that the facility
is contracting with the division of mental retardation services or the
TennCare bureau. (S: Bunch; H: Watson E.)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Civil Practice
Subcommittee.
|
SB 0773
Overbey
HB 1358
Lundberg
|
Civil liability - transportation of mentally ill persons. Removes
civil liability for physicians or hospitals with regards to damages for
actions arising out of the transport of a mentally ill person. (S:
Overbey; H: Lundberg)
House Co-Sponsor: Ford D.
Senate Status: Taken off notice in Senate Finance, Ways &
Means 06/18/2009.
House Status: Taken off notice in House Civil Practice
Subcommittee 04/28/2009.
|
SB 1105
Stewart E.
HB 0513
Matheny
|
Increases governmental tort liability limits. Increases
governmental tort liability limits for actions arising on or after July
1, 2007, but before July 1, 2009. (S: Stewart E.; H: Matheny)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Civil Practice
Subcommittee.
|
SB 1430
Stanley
HB 1678
Harwell
|
Immunity from liability for transportation contractors. Provides
immunity from liability for nongovernmental independent contractors or
other persons contracting to perform function of public transportation
authority. (S: Stanley; H: Harwell)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Civil Practice
Subcommittee.
|
SB 2160
Tracy
HB 2243
Lundberg
|
Tort actions involving long-term care facilities. Requires a
survey of patients and families concerning satisfaction with performance
of a long-term care facility. Imposes certain requirements on tort
actions involving long-term care facilities. (S: Tracy; H: Lundberg)
Senate Status: Taken off notice in Senate Judiciary
05/27/2009.
House Status: Failed in House Civil Practice Subcommittee
04/22/2009.
|
SB 2164
Tracy
HB
1931
Bone
Public Chapter (PDF)
|
Limits tort liability of certain agritourism professionals. Limits
tort liability for agritourism professionals when a participant suffers
injury or death as a result of the inherent risks of agritourism
activities, unless the agritourism professional acts with reckless
disregard for the participant's safety; has actual knowledge or should
have known of a dangerous condition and does not tell of the danger;
inadequately trains employees involved in the agritourism activities;
intentionally injures the participant; or commits any other act or
omission that constitutes willful or wanton misconduct, gross
negligence, or criminal conduct. Specifies that this provision shall not
be construed so as to negate that assumption of the risk is an
affirmative defense. Requires posting of signs that warn of inherent
risks. (S: Tracy; H: Bone)
Senate Co-Sponsors: Bunch; Burks
Amendment: House amendment 1 clarifies that for an
agritourism activity to be covered by this bill it must be conducted on a
farm or ranch that is eligible for greenbelt classification under
present property tax laws. This amendment further clarifies that
agritourism activity includes an activity involving any animal
exhibition at an agricultural fair, regardless of the location of the
fair. This amendment specifies, in regard to this bill's provision that
no agritourism professional will be liable for injury to or death of a
participant resulting from the inherent risks of agritourism activities,
that this provision applies when the injury or death resulted "solely"
from the inherent risks of the activity. Also, this amendment specifies
that this provision applies only if the warning contained in the bill
was posted as required by this bill.
Senate Status: Senate 06/02/2009 concurred in House amendment
1.
House Status: House 05/21/2009 passed with amendment 1.
Other Status: Enacted as Public Chapter 0498 (effective
07/01/2009).
|
SB 2522
Johnson J.
HB 2543
Casada
|
Gross negligence in medical malpractice cases. Changes the
liability standard from negligence to gross negligence in medical
malpractice cases involving doctors rendering care in a hospital
emergency room. (S: Johnson J.; H: Casada)
Senate Co-Sponsor:
Ketron
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Civil Practice
Subcommittee.
|
SB 2726
Berke
HB
2805
McDonald
|
Civil and criminal liability of entities donating food. Limits
civil and criminal liability of persons donating food to charitable
organizations or to corrections facility. States that no good-faith food
donor shall be subject to criminal penalty for unfair trade practice
law or civil damages arising from the condition of the food unless an
injury is caused by the negligence recklessness or intentional conduct
of the donor or provider. (S: Berke; H: McDonald)
House
Co-Sponsor: Pitts
Amendment: House Civil Practice amendment 1 removes all
mention of corrections facilities from the bill so that the bill only
limits the liability of donating food to charitable organizations.
Joint Oversight Committee on Corrections: The Department of
Correction would need to promulgate rules and procedures to accommodate
the receiving of such food in a safe and secure manner on a large scale
outside of their normal supply lines. TDOC policy does not allow them to
receive food that has not been properly processed or inspected. This
bill provides immunity to the donor but not to TDOC.
Senate Status: Senate Judiciary deferred to 03/23/2010.
House Status: House Judiciary Committee deferred to 03/23/2010.
Other Status: Oversight Corrections Committee 02/22/2010
reviewed, comment adopted and released to full committee.
|
SB 2744
Kelsey
HB 3859
Camper
|
Definition of medical professional for tort liability. Defines
"medical professional," in reference to tort liability, as including any
registered nurse, nurse practitioner, or physician as long as at least
50 percent of the physician's patients are treated at certain hospitals.
Clarifies that any medical professional employed by a nonprofit public
benefit corporation practicing at certain hospitals shall be considered
an employee of that governmental entity. (S: Kelsey; H: Camper)
Senate
Co-Sponsors: Marrero; Tate
House Co-Sponsors: Coley;
Hardaway; Todd; Cooper B.; Turner J.; Richardson; Towns; White M.;
McManus; DeBerry J.; Jones U.; Miller L.
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Civil Practice
Subcommittee.
|
SB 3182
Watson B.
HB 3902
Dean
|
Report on medical malpractice and emergency room care. Requires
the board of medical examiners to collect information concerning on
medical malpractice actions related to emergency room care and to report
concerning that information to the house and senate judiciary
committees by July 1, 2012. (S: Watson B.; H: Dean)
Senate
Co-Sponsor: Ketron
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Civil Practice
Subcommittee.
|
SB 3296
Kelsey
HB
3462
Camper
|
Extension of Governmental Tort Liability Act. Clarifies that the
extension of Governmental Tort Liability Act to certain entities will
apply to claims filed on or after July 1, 2003. (S: Kelsey; H: Camper)
Senate
Co-Sponsors: Marrero; Tate
House Co-Sponsors: Coley;
Hardaway; Todd; Turner J.; Richardson; Towns; White M.; McManus; DeBerry
J.; Jones U.; Miller L.
Senate Status: Senate passed 03/17/2010.
House Status: House Judiciary 03/02/2010 recommended. Sent to
Calendar & Rules.
|
SB 3486
Ramsey R.
HB 2887
Mumpower
|
Noneconomic losses to plaintiff in medical malpractice suit. Establishes
that in any medical malpractice action in which liability is admitted
or established, the damages awarded may include noneconomic losses,
provided the damages awarded for such losses must not exceed 1 million
dollars. (S: Ramsey R.; H: Mumpower)
Senate Co-Sponsor: Ketron
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Civil Practice
Subcommittee.
|
SB 3560
Ketron
HB
3560
Rowland
|
Defamation - Web site owners. Includes web site owners to list of
types of media owners who are not liable for any damages for defamatory
statements displayed or published on the web site by another unless the
web site owner failed to exercise due care to prevent the publication
or utterance of such statement on such web site. (S: Ketron; H: Rowland)
Senate Status: Referred to Senate Judiciary.
House Status: House Civil Practice Subcommittee deferred to
03/24/2010.
|
SB 3571
Ketron
HB
3573
Rowland
|
Property owner not liable for damages caused by felony act. Prohibits
injured party from recovering damages from the owner of a property
where the injury occurs in cases where third person commits or attempts
to commit a felony act. Applies only if the owner, lawful occupier, or
tenant of such property did not participate in or facilitate the
commission of such felony. (S: Ketron; H: Rowland)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Civil Practice
Subcommittee.
|
SB 3749
Bunch
HB
3038
Dennis
|
Duty of care to trespasser for injury. Establishes that an owner
or occupant of land does not owe a duty of care to a trespasser on such
land and is not liable for any injury to a trespasser. Clarifies this
legislation does not affect liability for injury that may result from
the common law doctrine of attractive nuisance. (S: Bunch; H: Dennis)
Senate
Co-Sponsor: Ketron
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Civil Practice
Subcommittee.
|
SB 3751
Bunch
HB
2717
Campfield
|
Punitive damages: limits to $300,000 with exceptions. Decreases
the punitive damages awards in all civil actions to $300,000 dollars,
unless the action is expressly excluded or the action deals with removal
of hazardous substances. Broadly captioned. (S: Bunch; H: Campfield)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Civil Practice
Subcommittee.
|
SB 3754
Bunch
HB 3905
McCord
|
Duty of care not owed to trespasser. Specifies that an owner,
lessee, or occupant of land does not owe a duty of care to a trespasser
on such land and is not liable for any injury to a trespasser on such
land, in including injury caused by the owner, lessee, or occupant's
negligent conduct. (S: Bunch; H: McCord)
Senate Status: Senate Judiciary deferred to 03/23/2010.
House Status: House Civil Practice Subcommittee deferred to
03/24/2010.
|
TRANSPORTATION GENERAL |
SB 2120
Norris
HB 2186
Sargent
Public Chapter (PDF)
|
TN Transportation State Infrastructure Bank Act. Enacts the
"Tennessee Transportation State Infrastructure Bank Act." Creates a
Tennessee transportation state infrastructure bank in order to assist in
financing qualified projects by providing loans and other financial
assistance to government units for constructing and improving highway
and transportation facilities. Specifies that appropriations by the
general assembly, certain federal funds approved by the department of
transportation, donations, earnings on interest through loans, will be
used to capitalize the bank to carry out its purposes. Creates a board
of seven members to facilitate through the bank loans to qualified
borrowers to finance the eligible costs of qualified projects and to
acquire, hold and sell loan obligations at prices and in a manner as the
board determines advisable.Broadly Captioned. (S: Norris; H: Sargent)
Amendment: Senate amendment 3 rewrites the bill. Establishes
the Tennessee Transportation State Infrastructure Fund (TTSIF). The
fund would assist governmental entities in financing qualified projects
for the construction and improvement of highway and transportation
facilities necessary for public purposes, including economic
development. Senate amendment 4 specifies that the annual reports shall
be subject annually to the comptroller's office.
Senate Status: Senate 06/08/2009 passed with amendments 3 and
4.
House Status: House passed 06/09/2009.
Other Status: Enacted as Public Chapter 0525 (effective
07/01/2009).
|
SB 2158
Ketron
HB
2240
Maggart
|
ID cards created by department of safety. Requires the department
of safety, upon request, to issue a state identification card to any
resident who meets specified application requirements. Requires the card
to bear the seal of the state and the commissioner must produce the
card in a form intended to prevent replication or counterfeit. Requires
that such card be valid for two years. Obligates each department and any
entity that receives state funds to accept a state identification card
as a valid identification and as valid proof of residency in the state,
unless such department or entity has reasonable grounds for determining
that the card is counterfeit, altered, or improperly issued to the card
holder. Establishes that a person who is lawfully able to acquire an
identification card and who is not a citizen of the United States must
also sign a form stating that the person pledges to learn the basics of
the English language and abide by the laws of this state and country.
Requires the form to state that if after two years of having the
identification obtained and such person has not been convicted of any
felony or Class A misdemeanor and the person passes a test on the basics
of the English language, the state must work with the appropriate
federal agencies to help the person become a citizen of the United
States. (S: Ketron; H: Maggart)
Senate Status: Referred to Senate Transportation.
House Status: Caption bill held on House clerk's desk.
|
TRANSPORTATION VEHICLES |
SB 0011
Ketron
HB 0293
Carr
|
Examination for driver license shall be in English. Requires all
written driver license examinations to be in English unless person can
present documentation demonstrating an authorized presence in the United
States. Authorizes the department to utilize any verification process
to comply with rules and regulations. (S: Ketron; H: Carr)
Amendment: Senate amendment 1, House Transportation Public
Safety Subcommittee amendment 1 adds German to the list of languages
that the department may test in. Senate amendment 2, House
Transportation Public Safety Subcommittee amendment 2 changes the
effective date to November 1, 2009 from July 1, 2009.
Senate Status: Senate 04/06/2009 passed with amendments 1 and
2.
House Status: Failed in House Transportation Public Safety
Subcommittee 04/28/2009.
|
SB 0291
Beavers
HB 0387
Lundberg
|
Open container law revisions. Specifies that it is an offense
for: (1) A driver of a motor vehicle to consume an alcoholic beverage;
(2) A driver of a motor vehicle used primarily for transportation of
persons for compensation to consume an alcoholic beverage or for the
driver to knowingly possess an open alcoholic beverage container while
driving such vehicle on a public highway; (3) A driver of a motor
vehicle, who is able to access an alcoholic beverage in the passenger
area of the vehicle (the seating area and any area readily accessible to
the driver or passengers while seated, including an unlocked glove
compartment) to knowingly possess an open alcoholic beverage container
while driving a vehicle on a public highway; or (4) A passenger in a
motor vehicle to consume an alcoholic beverage or knowingly possess an
open alcoholic beverage container within the passenger area of a motor
vehicle while the motor vehicle is on a public highway. Provides
exception for passengers in
a motor vehicle used primarily for the transportation of person for
compensation; passengers in the living quarters of a motor home, truck
trailer, or other similar recreational vehicle; or a vehicle operated by
a chauffeur in the chauffeur's for-hire capacity. Specifies that it is
not an offense to have an open alcoholic beverage in the area behind the
last upright seat of a vehicle that has no trunk or an area not
normally occupied by the driver or passengers or in a locked or sealed
case or container placed in an area not readily accessible behind the
front seat of a pickup truck which has no trunk or separate enclosed
area other than the cab of the truck. Specifies that if a law
enforcement officer observes an open alcoholic container in a motor
vehicle that is not in the immediate possession of any passenger, then
the driver of the motor vehicle has a right to be given a blood alcohol
test and the officer must inform the driver of this right. If the
results of the test indicate a
blood alcohol level of .01 or lower, then the driver is not in
violation. Creates a Class C misdemeanor, punishable by fine only of
$50, for a driver who violates (1) or (2) or (1) and (3) or (2) and (3)
but is not charged with any other alcohol-related offense. Requires that
such person be issued a citation in lieu of arrest, if the person is
not charged with any other alcohol-related offense. Creates a Class C
misdemeanor, classified as a nonmoving traffic violation and punishable
by fine only of $50, for driver of a motor vehicle who is only charged
with possession of an alcoholic beverage container in violation of (3)
but not with consumption or if a passenger consumes or knowingly
possesses an alcoholic beverage container in violation of (4). Requires
person charged with (3) or (4) be issued citation in lieu of arrest, if
the passenger is not charged with any other alcohol-related offense, and
allows such offender to pay the fine in lieu of appearing in court and
thus be excused
from paying court costs and state and local litigation taxes. Requires
the court to defer further proceedings for a person issued a citation in
lieu of arrest for the violation without entering a judgment of guilty
against the defendant for a period of six months from the court date. If
the person violates any condition of this diversion, including any
alcohol-related offense, within the six-month period, then the court may
enter an adjudication of guilt and proceed as otherwise provided.
Requires the court to discharge the person and dismiss the proceedings
against the person, without court adjudication of guilt, if the person
is not convicted of another alcohol-related offense within the six-month
period. Specifies that upon discharge, all public records of the
person's conviction be expunged. If the person violates any condition of
the diversion including any alcohol-related offense within such
six-month period, then the court may enter an adjudication of guilt and
proceed as
otherwise provided. (S: Beavers; H: Lundberg)
Amendment: Senate Judiciary amendment 1 removes the
requirements, if a police officer finds an open container of alcohol not
in the immediate possession of any passenger, that the officer must
complete a breathalyzer test on the driver and cites the driver if the
test finds an alcohol concentration over point zero one (.01) and
clarifies that open containers may be contained without violation in a
locked glove compartment or in an area where the driver or passenger
will not normally occupy.
Senate Status: Taken off notice in Senate Finance, Ways &
Means 04/01/2009.
House Status: Failed in House Local Government Subcommittee
03/04/2009.
|
SB 0393
Tracy
HB
0107
Lundberg
Public Chapter (PDF)
|
Prohibits texting while driving. Prohibits sending or reading
text messages while operating a motor vehicle. Specifies that a
violation is a Class C misdemeanor subject to a fine that is not to
exceed $50.00. (S: Tracy; H: Lundberg)
House Co-Sponsors:
Shipley; Harrison; Rich; Hensley; Cobb J.; Armstrong; Harwell; Turner
M.; McDaniel; Faulkner; Cobb T.; Fraley; Brooks, Kevin; Roach; Ford D.
Amendment: Senate amendment 1 specifies that for a violation
to occur, the vehicle must be in motion on a public street. Exempts
certain law enforcement personnel. Senate amendment 3 specifies that a
violation of this bill will be a nonmoving violation and that no points
will be added a drivers record for such a violation. Senate amendment 5
allows the state to use the electronic boards on the interstate to
provide notice regarding the prohibition on texting while driving. House
amendment 4 clarifies that the entirety of the bill would not apply to
officers of the state, or of any county, city or town, charged with the
enforcement of the laws of the state, when in the actual discharge of
their official duties; campus police officers and public safety
officers, when in the actual discharge of their official duties;
emergency medical technicians, emergency medical technician-paramedics,
and firefighters, both volunteer and career, when in the actual
discharge of their
official duties; and emergency management agency officers of the state,
or of any county, city or town, when in the actual discharge of their
official duties.
Senate Status: Senate 04/30/2009 concurred in House amendment
4.
House Status: House 04/27/2009 passed with amendment 4.
Other Status: Enacted as Public Chapter 0201 (effective
07/01/2009).
|
SB 0534
McNally
HB
0355
Hackworth
Public Chapter (PDF)
|
Required testing of suspected DUI offenders in accidents. Requires
any law enforcement officer to conduct a test to determine blood
alcohol of a driver involved in accident resulting in injury or death to
another if the officer has probable cause to believe driver committed
DUI, vehicular assault, vehicular homicide, or aggravated vehicular
homicide. Requires such test to be performed whether or not the driver
consents to the test. States that the results of such test shall be
admissible in evidence by either the state or the driver in any court or
administrative hearing relating to such accident or the offense. (S:
McNally; H: Hackworth)
Amendment: House amendment 1 rewrites the bill. Requires any
law enforcement official to conduct a test to determine the blood
alcohol content of a driver involved in an accident resulting in injury
or death to another if the officer has probable cause to believe that
the driver committed DUI, vehicular homicide, or aggravated vehicular
homicide. Removes vehicular assault from such offenses and, thus,
removes the fiscal note. Requires such test to be performed whether or
not the driver consents to the test. Allows, rather than requires, the
results of such test to be admissible as evidence by either the state or
the driver in any court or administrative hearing relating to such
accident or the offense, subject to the TN rules of evidence.
Senate Status: Senate passed 05/18/2009.
House Status: House 04/27/2009 passed with amendment 1.
Other Status: Enacted as Public Chapter 0324 (effective
07/01/2009).
|
SB 0597
Burchett
HB 0669
Hackworth
Public Chapter (PDF)
|
Liability insurance for motor vehicles. Requires that all
vehicles registered or driven on the state's highways be compliant with
the Tennessee Financial Responsibility Law of 1977. Requires that an
application for registration or renewal be accompanied by evidence that
the requirements of the law have been met. Broadly captioned. (S:
Burchett; H: Hackworth)
Amendment: House amendment 4 rewrites this bill and revises
present law regarding the financial responsibility law only to clarify
that a person who was issued a citation for failure to present proof of
financial responsibility, who obtained such proof prior to disposition
by the court and whose citation was dismissed must furnish proof of
financial responsibility in order for such person's motor vehicle
registration to be renewed, the same as under present law for a person
convicted of a violation of the financial responsibility law. Under
present law, on or before the court date regarding a violation of the
financial responsibility law, the person charged may submit evidence of
financial responsibility at the time of the violation. If it is the
person's first violation and the court is satisfied that the financial
responsibility was in effect at the time of the violation, the charge of
failure to provide evidence of financial responsibility must be
dismissed. Upon the
person's second or subsequent violation, if the court is satisfied that
the financial responsibility was in effect at the time of the violation,
the charge may be dismissed. Any charge that is so dismissed must be
dismissed without costs to the defendant and no litigation tax may be
due or collected. This amendment adds that on or before the court date,
the person so charged may submit evidence of financial responsibility
obtained after the violation occurred. If the court is satisfied that
financial responsibility is in effect, then the charge may be dismissed.
Court costs and litigation taxes may not be subject to dismissal
pursuant to this provision. Senate amendment 1 prohibits the court from
dismissing violations for failure to provide evidence of financial
responsibility when the person charged was not in compliance with the
Financial Responsibility Law at the time the citation was issued.
Requires the department of revenue, upon request from the department of
safety, to deny
motor vehicle registration renewal for any convicted person until the
person subsequently furnishes evidence of compliance.
Senate Status: Senate 06/08/2009 passed with amendment 1.
House Status: House 06/09/2009 concurred in Senate amendment 1.
Other Status: Enacted as Public Chapter 0441 (effective
07/01/2009).
|
SB 0796
Overbey
HB 0964
McCord
|
Special counsel employed by motor vehicle commission. Increases
maximum fee allowed for employment of special counsel to represent the
motor vehicle commission from $250 to $500. Broadly captioned. (S:
Overbey; H: McCord)
Senate Status: Taken off notice in Senate Transportation
04/21/2009.
House Status: Caption bill held on House clerk's desk.
|
SB 0884
Ketron
HB
0331
Jones S.
|
Prohibits the use of cell phones during highway driving. Prohibits
a driver from operating a motor vehicle on the highway while using a
wireless telephone while the vehicle is in motion. Provides exemption
for hands-free telephones. Creates a Class C misdemeanor punishable by
fine of $50.00. Creates an affirmative defense to prosecution under this
section that the driver's use of a wireless telephone was necessitated
by a bona fide emergency. (S: Ketron; H: Jones S.)
Senate Status: Referred to Senate Transportation.
House Status: Failed in House Transportation Public Safety
Subcommittee 04/21/2009 for lack of a motion.
|
SB 0965
Faulk
HB
0719
Niceley
|
Repeat DUI offender registry accessible on the Internet. Creates a
DUI offender registry of people who have been convicted of two or more
violations of DUI and have had their licenses revoked or suspended.
Specifies that at least one violation must have occurred on or after
January 1, 2010 in order to qualify for inclusion. Requires the
department of safety to maintain the registry and make it available on
the Internet. Specifies the following information will be published on
the Internet: name, date of birth, residential address, number of DUI
convictions, conviction dates, county and state of convictions, driver
license photograph, and current revocation or restricted license status.
Requires the department to remove a person's information within 45 days
of license reinstatement. Assesses a separate DUI offender registry fee
of $20.00 upon any person convicted of these violations. (S: Faulk; H:
Niceley)
Senate Status: Taken off notice in Senate Finance, Ways &
Means 06/18/2009.
House Status: House Judiciary Criminal Practice Subcommittee
deferred to 03/24/2010.
|
SB 1068
Marrero
HB
0930
Kernell
|
Using information in an accident report for solicitation. Requires
people who hold a professional license regulated in the executive
branch to wait 30 days before using information in a written motor
vehicle accident report for solicitation purposes. (S: Marrero; H:
Kernell)
Senate Status: Taken off notice in Senate Transportation
04/29/2009.
House Status: House Transportation Public Safety Subcommittee
deferred to 2010.
|
SB 1329
Yager
HB
1265
Faulkner
|
Licenses - citizenship/immigration verification via SAVE. Requires
the department of safety to verify citizenship for each driver license
applicant by using the Systematic Alien Verification for Entitlement
(SAVE) program. (S: Yager; H: Faulkner)
House Co-Sponsor: Rich
Senate Status: Senate Transportation deferred to 04/21/2009.
House Status: Taken off notice in House Transportation Public
Safety Subcommittee 04/21/2009.
|
SB 1485
Ford O.
HB
0683
Cooper B.
|
Reinstatement of driver license. Permits an individual to obtain
reinstatement of a driver license after payment of $400 in fines and
fees due to the appropriate county clerk's office. (S: Ford O.; H:
Cooper B.)
Senate Status: Taken off notice in Senate Transportation
04/14/2009.
House Status: Taken off notice in House Transportation Public
Safety Subcommittee 03/24/2009.
Other Status: Tennessee Judicial Council 03/26/2009 reviewed the
bill with no comment.
|
SB 2032
Bunch
HB
1837
Kelsey
|
Person convicted of DUI to obtain DUI OFFENDER plate. Obligates a
sentencing judge to require any person convicted of a DUI offense to
obtain, within 30 days of conviction, a special license plate for such
person's vehicle from the department of revenue. Establishes that the
plate must be yellow with the words "DUI OFFENDER" in red letters.
Specifies that if the person's motor vehicle operator's license is
suspended or revoked, the license plate must remain on the vehicle for
the entire period such person is driving on the restricted license and
for one year following the date such person's driver's license is
reinstated. Specifies that if the license is not suspended or revoked,
then the license plate must remain on the vehicle for one year following
the person's receipt of the special license plate. Requires the DUI
offender to bear the cost of such plate. (S: Bunch; H: Kelsey)
House
Co-Sponsors: Harrison; McDaniel
Senate Status: Senate Judiciary deferred to 05/19/2009.
House Status: House Judiciary Committee deferred 05/19/2009 to
summer study.
|
SB 2150
Stewart E.
HB 2037
Sargent
Public Chapter (PDF)
|
Proof of compliance with financial responsibility laws. Requires
law enforcement officers to obtain proof of compliance with financial
responsibility laws upon charging a person with any motor vehicle
violation, rather than only with moving violations. (S: Stewart E.; H:
Sargent)
Senate Status: Senate passed 05/18/2009.
House Status: House passed 05/20/2009.
Other Status: Enacted as Public Chapter 0370 (effective
07/01/2009).
|
SB 2288
Kyle
HB
2330
Harmon
Public Chapter (PDF)
|
Compliance with REAL ID Act. Modifies the motor vehicle law in
order to bring Tennessee closer to compliance with the REAL ID and
Federal Motor Carriers Safety Act. Changes the definition of
"administrator" to include a federal motor carrier safety administrator
rather than a federal highway administrator. Defines "DHS secretary" as
the secretary of Homeland Security of the U.S. Requires department of
safety to maintain records concerning convictions, disqualifications,
and other licensing actions involving persons who hold a commercial
driver license. Requires the department to issue driver licenses and
photo identifications that comply with the federal REAL ID Act. Makes
several technical changes regarding motor vehicles and motor carriers.
(S: Kyle; H: Harmon)
Senate Co-Sponsor: Finney L.
House
Co-Sponsor: Turner M.
Amendment: House amendment 1 requires any non-photo bearing
driver license issued and any non-expiring photo identification license
to be issued in compliance with the federal regulations for non-REAL ID
compliant licenses.
Senate Status: Senate passed 05/14/2009.
House Status: House 04/30/2009 passed with amendment 1.
Other Status: Enacted as Public Chapter 0321 (effective
11/01/2009).
|
SB 2400
Watson B.
HB 2839
Floyd
|
Boating under the influence. Increases the fines for first and
subsequent convictions of boating under the influence. Mandates that
individuals convicted of boating under the influenced the first time
serve no less than 48 hours in jail, that individuals convicted of
boating under the influence a second first time serve no less than 45
days in jail, and that individuals convicted of boating under the
influence a third or subsequent time serve no less than 120 days in
jail. Specifies that convictions of boating under the influence prior to
July 1, 2010 shall not aggregate on the scale created in the bill.
Broadly captioned. (S: Watson B.; H: Floyd)
Senate Status: Referred to Senate Judiciary.
House Status: Failed in House Wildlife Subcommittee 03/09/2010.
|
SB 2663
Marrero
HB
2745
Cooper B.
|
Fees for driver license reinstatement. Limits fees charged to
persons seeking driver license reinstatement under certain
circumstances. (S: Marrero; H: Cooper B.)
Senate Status: Referred to Senate Transportation.
House Status: Taken off notice in House Transportation Public
Safety Subcommittee 03/16/2010.
|
SB 2676
Faulk
HB
2735
Mumpower
|
Discontinues use of traffic surveillance cameras. Prohibits
installation of traffic surveillance cameras after the effective date of
this act. Permits use of existing traffic surveillance cameras until
the expiration of the contract governing their use or until the costs of
such surveillance cameras have been recovered. (S: Faulk; H: Mumpower)
Senate Status: Referred to Senate Transportation.
House Status: Referred to House Transportation Public Safety
Subcommittee.
|
SB 2677
Faulk
HB
2736
Mumpower
|
Prohibits traffic surveillance cameras. Prohibits traffic
surveillance cameras after January 1, 2011. Allows traffic violation
surveillance cameras that are already in use and subject to a contract
on the effective date of this act to continue to be used pending
expiration of the contract governing their operation. (S: Faulk; H:
Mumpower)
Senate Status: Referred to Senate Transportation.
House Status: Referred to House Transportation Public Safety
Subcommittee.
|
SB 2689
Barnes
HB 2800
Pitts
|
Prompt blood testing in auto accidents. Requires that when a law
enforcement officer causes a driver to be tested for the purposes of
determining the alcohol or drug content of such driver's blood because
there is probable cause to believe that the driver was driving under the
influence and an accident occurred that such test shall be conducted
within two hours from such accident occurring. (S: Barnes; H: Pitts)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Criminal Practice
Subcommittee.
|
SB 3021
Burks
HB 3121
Fincher
|
Proof of insurance for vehicle registration or renewal. Requires
TN vehicle owners to be in full compliance with the TN Financial
Responsibility Law of 1977, maintaining required insurance or a cash
deposit or bond in the required amount. (S: Burks; H: Fincher)
Senate Status: Referred to Senate Commerce, Labor &
Agriculture.
House Status: Referred to House Transportation Committee. House
Government Operations will review if recommended.
|
SB 3121
Faulk
HB 3282
Coleman
|
DUI - violations of implied consent law. Requires general
sessions to hear cases regarding implied consent laws in DUI arrests
rather than having the cases heard at the same time and in the same
court as the DUI charge. (S: Faulk; H: Coleman)
House Co-Sponsors:
Rich; Bass; Lundberg; Watson E.; Coley; Matheny; Todd; Fincher
Judicial Council Comment: Requiring the resolution of an
alleged implied consent violation at an earlier stage in the proceedings
is a policy matter within the discretion of the legislature. The
Council questioned whether the testimony of the offender at the general
sessions court level regarding the implied consent issue would be
admissible against the defendant during any subsequent criminal
proceedings regarding the charged offense of driving under the
influence. Moreover, due to the manner in which some prosecutors
currently are indicting offenders for violating the implied consent
provisions, the Council stated that the sponsor may wish to amend this
bill to provide that all implied consent violations are civil in nature.
Senate Status: Referred to Senate Judiciary.
House Status: House Judiciary Committee deferred to 03/23/2010.
Other Status: Tennessee Judicial Council reviewed 02/18/2010 with
comment.
|
SB 3157
Southerland
HB 3262
Johnson P.
|
Use of traffic surveillance cameras prohibited. Prohibits the use
of traffic surveillance cameras as a means to monitor or enforce
traffic violations. (S: Southerland; H: Johnson P.)
Senate Status: Referred to Senate Transportation.
House Status: House Transportation Public Safety Subcommittee
deferred to 03/23/2010.
|
SB 3222
Harper
HB
3120
Gilmore
|
Driver license recovery plan. Requires circuit court clerk and
criminal court clerk of each county to establish driver license recovery
plan for payment of any outstanding judgment resulting from failure to
pay state or county fines or costs owed by a person whose license has
been suspended. Requires the AOC to develop a course for persons
enrolled in the driver license recovery plan informing such persons of
the necessary steps to regaining a driver license. (S: Harper; H:
Gilmore)
Senate Co-Sponsor: Black
Senate Status: Referred to Senate Judiciary.
House Status: House Transportation Public Safety Subcommittee
deferred to 03/23/2010.
Other Status: Deferred in Judicial Council to 03/11/2010.
|
SB 3281
Burchett
HB 3886
Faulkner
|
Multiple violations of DUI offenders. Removes the provision
allowing a person charged with DUI to not be considered a repeat or
multiple offender if ten or more years has elapsed between charges. (S:
Burchett; H: Faulkner)
Senate Status:
House Status: Referred to House Judiciary Criminal Practice
Subcommittee.
|
SB 3285
Burchett
HB 3887
Faulkner
|
Limits DA's discretion to accept a plea for DUI offenses. Prohibits
the district attorney from entering into a plea agreement with a person
having a previous DUI conviction that does not stipulate within the
plea that the person was operating a motor vehicle while under the
influence of an intoxicant. (S: Burchett; H: Faulkner)
Senate Status:
House Status: Referred to House Judiciary Criminal Practice
Subcommittee.
|
HB 2517
Faulkner
|
TN Administrative License Revocation Act of 2010. Requires law
enforcement officer, acting on behalf of the department of safety, to
serve notice of proposed revocation of driver license and request for
hearing form personally on person who has a breathalyzer test result of
.08 percent. Establishes similar process for person who is being charged
with driving under the influence and refuses a test to determine
alcohol concentration. After serving notice, requires officer to take
possession of person's driver license. Requires law enforcement officer
to then issue an interim permit which is valid for 90 days or until the
department revokes the person's driving privilege, whichever comes
first. Requires a person convicted of driving under the influence of an
intoxicant to maintain an ignition interlock on the person's vehicle for
six months before the person's driving privilege is fully restored. (H:
Faulkner)
House Status: Withdrawn in House 02/01/2010.
|
UTILITIES |
SB 1954
Stanley
HB 1698
McCormick
Public Chapter (PDF)
|
Market Regulation Act of 2009. Authorizes any incumbent
certificated provider of local exchange or intra-state long distance
telephone service to elect to operate pursuant to market regulation by
filing notice with the authority. Exempts the provider from authority
jurisdiction upon election of market regulation by a certificated
provider. Specifies that such certificated providers electing market
regulation are subject to the jurisdiction of the authority only when
the following occurs: the authority is exercising jurisdiction expressly
delegated to it pursuant to the federal 1996 Telecommunications Act;
the authority is assessing and collecting inspection fees; the authority
is exercising jurisdiction over video franchises; the authority is
exercising jurisdiction respecting underground facilities damage
prevention; or the authority is exercising jurisdiction respecting the
Life Line or Link Up programs funded by the federal universal service
fund. (S: Stanley; H:
McCormick)
Senate Co-Sponsors: Stewart E.; Beavers; Burchett;
Ketron; Harper; Johnson J.; Tracy; Norris; Tate; Ford O.
House
Co-Sponsors: Turner M.; Jones U.; McDaniel; Fitzhugh; Harwell;
Casada; Harmon; Sargent; Roach; Lynn; Johnson P.; Lundberg; Jones S.;
Shepard; Cobb T.; McCord; Pitts; Rich; Johnson C.; Coley; Turner L.;
Gilmore; Cobb C.; Shaw; Camper; Cooper B.; Carr; Dennis; Lollar
Amendment: SENATE AMENDMENT 1 rewrites the bill. Allows any
non-incumbent or incumbent certificated provider of local exchange
telephone or intra-state long distance telephone service that has
elected price regulation, pursuant to present TN Code, to elect to
operate pursuant to market regulation by filing notice with TRA. Exempts
such providers from TRA jurisdiction, including but not limited to
state-based regulation of retail pricing or retail operations, except in
specified cases. Clarifies intent of General Assembly that TRA is
authorized as a matter of state law to receive any jurisdiction
delegated it by the federal 1996 Telecommunications Act or FCC orders or
rules and that TRA continue to be a dispute resolution forum for
complaints between certificated carriers, provided that such complaints
must be resolved pursuant to federal law and not state law. Requires all
complaints brought between carriers to be resolved by final order of
the TRA within 180 days of the
complaint filing. Specifies that such certificated providers electing
market regulation are also subject to TRA jurisdiction in the following
cases: enforcement/modification of any wholesale Self Effectuating
Enforcement Mechanism Plan in place as of January 1, 2009; assessing and
collecting inspection fees; exercising jurisdiction over video
franchises; underground facilities damage prevention; in regard to the
TN Relay Service Center or the TN Devices Access Program; in regard to
Life Line or Link Up programs consistent with FCC rules; in regard to
the Small and Minority-Owned Business Participation Plan; in response to
a specific customer complaint regarding residential telecommunication
service from the provider; in regard to Universal Service Funding; or
respecting intrastate switched access service. Specifies that election
of market regulation shall not alter the character of intrastate
revenue. Specifies that incumbent local exchange providers that have
elected market regulation
shall not be entitled to specified limitations on TRA jurisdiction with
respect to those residential local exchange telecommunications services
that are offered in exchanges with less than 3,000 access lines or, for
carriers who serve more than 1,000,000 access lines in TN, those
exchanges with access line counts and calling areas that would result in
classification as rate group 1 or 2 under AT&T's tariff in effect
on January 1, 2009, and that are offered as single, individually-priced
services at a rate-group specific price rather than a state-wide price,
except in specified circumstances. These circumstances include: where a
market regulated provider petitions the authority may order services to
be subject to limited jurisdiction by showing the exchange has at least
two non-affiliated telecommunications providers that offer service to
customers in each zone rate area of each exchange or if the provider has
lost twenty percent of its residential access line count in each
exchange in
the preceding five years; cable television providers that offer
telephone and broadband services to residential customers may be
included when counting the number of providers to evaluate the
competition standard; when the petitioning party satisfies the
competition standard the petitioner is entitled to a rebuttable
presumption that the competition standard is satisfied; the petition is
subject to an accelerated schedule that requires a decision by the
authority within 90 days of the filing of the petition; unregulated
providers of service are not required to participate in the authority's
docket considering the petition but if they intervene are required to
provide certain discovery responses; even where a petition is not filed
or granted the limitations on authority shall automatically become
applicable to all services of a market regulated provider offered in
rate groups 1 and 2 as of January 1, 2015. Clarifies that providers
electing market regulation are subject to the TN
Consumer Protection Act. Requires TRA to submit an annual report
describing the competitive nature of the telecommunications market in
TN. Specifies applications in the event that a carrier has elected
market regulation and later chooses to exit the business of providing
local exchange telephone service in an exchange by selling all of its
network in such exchange to another entity. SENATE AMENDMENT 2 specifies
that rates existing on January 1, 2009, rather than June 6, 1995, for
all basic local exchange telephone services and non-basic services shall
be used as basis of comparison with the implementation of a price
regulation plan. Prohibits a company that has elected price regulation
prior to 2009 from being required to reapply for price regulation or to
reset its rate under its price regulation plan. States that such company
is entitled, in its sole discretion, to the 1995 rates upon which its
original election was based or may base its price regulation calculation
upon rates in
effect as of January 1, 2009. Specifies that rates for call waiting
service provided by an incumbent local exchange telephone company
subject to price regulation shall not exceed, for a period of four years
from the date the company becomes subject to such regulation, the
maximum rate in effect in the state for such service on January 1, 2009,
rather than June 6, 1995. Provides that such maximum rate shall not
apply to companies becoming subject to such regulation after June 1,
2009. Provides that the current TRA audit required for any incumbent
local exchange telephone company electing price regulation shall not be
conducted for a local exchange telephone company electing price
regulation after June 1, 2009. Prohibits, notwithstanding any laws to
the contrary, the earnings of an incumbent local exchange company
operating under rate of return regulation from being considered in
setting initial rates under this legislation for an incumbent local
exchange company implementing a price
regulation plan after January 1, 2009. SENATE AMENDMENT 3 clarifies that
TRA shall continue to serve in its role as a dispute resolution forum
for complaints, including complaints for anti-competitive practices,
between certificated carriers, provided that such complaints be resolved
pursuant to federal, and not state substantive law. Requires TRA to
apply state procedural rules to such claims. Prohibits any complaint
from being brought to the TRA on a matter as to which the FCC has
exclusive jurisdiction. SENATE AMENDMENT 4, as amended, makes changes to
language. Clarifies that TRA shall continue to exercise its
jurisdiction in its role as a dispute resolution forum to hear
complaints between certificated carrier, including complaints to
prohibit anti-competitive practices, and to issue orders to resolve such
complaints. Requires TRA to interpret and apply federal, not state,
state substantive law which is hereby adopted so that such law is
applicable to intrastate services for the
purpose of adjudicating such state complaints. Requires TRA to
adjudicate and enforce such claims in accordance with state procedural
law and rules, including enforcement and penalty. Prohibits any
complaint from being brought to the TRA on a matter as to which the FCC
has exclusive jurisdiction. Specifies certain situations under which a
certificated provider electing market regulation shall be subject to the
jurisdiction of the authority. SENATE AMENDMENT 5 deletes and rewrites
multiple provisions of Section 2 of the bill specifying the jurisdiction
of the TRA over incumbent certificated providers of local exchange or
intra-state long distance telephone service, when such certificated
providers elect to operate pursuant to market regulation.
Senate Status: Senate 04/13/2009 passed with amendments 1, 2,
3, 4, as amended, and 5.
House Status: House passed 05/07/2009.
Other Status: Enacted as Public Chapter 0278 (effective
05/21/2009).
|
SB 2047
McNally
HB 1981
Fitzhugh
Public Chapter (PDF)
|
Administrative fees and expenses - drinking water. Authorizes the
Tennessee local development authority to charge and collect such
administrative fees and expenses, including reimbursement of all cost of
financing by the authority as the authority determines to be reasonable
and required. (S: McNally; H: Fitzhugh)
Amendment: Senate amendment 1 clarifies that this bill
authorizes the Tennessee local development authority to charge and
collect reasonable administrative fees and expenses from local
governments under the Wastewater Facilities Act of 1987 and community
public water systems under the Drinking Water Revolving Loan Fund Act of
1997, and that any such fees will not become part of the wastewater
facility revolving loan fund or the water system revolving loan fund.
Senate Status: Senate 03/26/2009 passed with amendment.
House Status: House passed 05/04/2009.
Other Status: Enacted as Public Chapter 0224 (effective
05/18/2009).
|
SB 3195
Finney L.
HB 3548
Maddox
|
Discontinuance of service of natural gas. Allows a discontinuance
of service notice by a natural gas provider for nonpayment to be mailed
or sent electronically. (S: Finney L.; H: Maddox)
Senate Status: Referred to Senate State & Local
Government.
House Status: Withdrawn in House 02/01/2010.
|
SB 3649
Johnson J.
HB 3916
Stewart M.
|
Notice of intent to discontinue service for nonpayment. Permits a
utility to send a notice of intent to discontinue service for
nonpayment to a user. either by mail or electronically. (S: Johnson J.;
H: Stewart M.)
Senate Status: Referred to Senate Commerce, Labor &
Agriculture.
House Status: Caption bill held on House clerk's desk.
|
SB 3757
Bunch
HB
2727
Campfield
|
Requires phone companies to provide call blocking services. Requires
all entities providing phone service, including cellular phones, in TN
as public utilities, including but not limited to those regulated by
TRA, to provide call blocking services. Encourages cooperatives and
foreign entities to provide such services. (S: Bunch; H: Campfield)
Senate Status: Referred to Senate Commerce, Labor &
Agriculture.
House Status: House Commerce Utilities & Banking Subcommittee
deferred to 03/23/2010.
|
HB 0076
Gilmore
|
Billing practices of residential cable. Forbids residential cable
or video programming service providers to subject customers to an
assessment of a late fee until at least thirty days after the service to
which the late fee applies has been received by the customer.
Prohibits residential cable or video service providers holding a
state-issued certificate of franchise to impose a late fee on services
unless the billing statement for such services contains a clear notice
of when the late fee is to be imposed. (H: Gilmore)
House Status: Withdrawn in House 02/23/2009.
|
VETERANS & MILITARY AFFAIRS |
SB 2667
Burks
HB
2670
Fincher
|
Military discharge requests: specifications. Specifies the
parties that may request a military discharge. Establishes that, with
the exception of court orders, military discharge requests are
confidential for a period of 75 years. Establishes that the register of
deeds must record official discharges of military members and may not
charge a fee for these records. Specifies register of deeds' duties in
searching for a military record. (S: Burks; H: Fincher)
Amendment: House Judiciary amendment 1 rewrites the bill.
Specifies that the provisions of the bill would apply to military
discharge records that are recorded or come into the possession of a
governmental body. Such records are declared confidential for 75 years
following recordation or receipt, with inspection or copying only
accordance with the provisions of the bill or with a court order. The
right of inspection and receipt of a copy of the discharge record would
be granted to the subject veteran, other specific individuals, another
governmental body, or an authorized representative of the funeral home
assisting in the burial of the veteran. Courts that order release of the
records and governmental entities are to limit the use and disclosure
of the information for this intended purpose. The amendment requires
county registers of deeds to record discharge papers of persons, who
after 1915, served as members of the U.S. armed forces, reserve, or
auxiliary. The register
is required, after September 1, 2010, to record official military
discharges in a bound book separate from all other documents recorded in
those offices that do not store documents electronically. The register
is required to keep books which originated prior to, as well as after,
September 1, 2010, that are designated for storage of such documents in a
location not accessible to the general public. In counties that record
and store documents electronically, any display of such records will not
be made available to the general public and copies of such records
shall only provided in compliance with the provisions of the bill. House
Judiciary amendment 2 protects identities of veterans who register.
Senate Status: Senate State & Local Government deferred
to 03/31/2010.
House Status: House Judiciary 03/16/2010 recommended with
amendment 2, which protects identities of veterans who register. Sent to
House Calendar & Rules.
|
SB 2871
Barnes
HB
2760
Curtiss
|
Military form DD Form 93: distribution of person's estate. Establishes
that a military person's completion of military form "DD Form 93"
controls the person's estate if there is a conflict between the person's
prior testamentary document and "DD Form 93" and "DD Form 93" was
completed after the person's prior testamentary document. (S: Barnes; H:
Curtiss)
House Co-Sponsor: Pitts
Amendment: House amendment 1 specifies that if there is a
conflict about the identity of the individual authorized to direct
disposition of the remains of a deceased military personnel, then it
shall be the individual identified in the DD form 93.
Senate Status: Senate passed 03/17/2010.
House Status: House 03/08/2010 passed with amendment 1.
Other Status: Sent to the speakers for signatures 03/17/2010.
|
WORKERS COMPENSATION |
SB 0430
Bunch
HB 1574
Fincher
|
Fifth edition of the AMA guide designated. Defines AMA Guides to
mean the fifth edition, rather than the sixth or newer edition. (S:
Bunch; H: Fincher)
House Co-Sponsor: West
Senate Status: Senate Commerce, Labor & Agriculture
deferred to summer study.
House Status: House Employee Affairs Subcommittee deferred to
2010.
Other Status: Oversight Committee on Workers' Compensation
04/09/2009 released with negative recommendation.
|
SB 0661
Stanley
HB
0256
Casada
|
Recreational activities not covered by workers' comp. Provides
that injuries incurred during employee's recreational activities are not
compensable unless: (1) Employer has expressly required participation
or made activity part of services of employee; or (2) Employer derives
substantial direct benefit from activity beyond intangible value of
improvement in employee health and morale. (S: Stanley; H: Casada)
Senate Status: Referred to Senate Commerce, Labor &
Agriculture.
House Status: Taken off notice in House Employee Affairs
Subcommittee 04/28/2009.
Other Status: Oversight Committee on Workers' Compensation
04/09/2009 taken off notice.
|
SB 0877
Ketron
HB
0734
Matheny
|
Medical care and cost containment committee membership. Increases
the membership of the medical care and cost containment committee from
15 to 18 voting members. Requires that the three new members to the
medical care and cost containment committee be licensed physicians.
Broadly captioned. (S: Ketron; H: Matheny)
Senate Status: Referred to Senate Commerce, Labor &
Agriculture.
House Status: Taken off notice in House Employee Affairs
Subcommittee 04/28/2009.
Other Status: Taken off notice in Oversight Committee on Workers'
Compensation 04/09/2009.
|
SB 1567
Norris
HB 1471
Casada
Public Chapter (PDF)
|
AOC to consult with joint workers' compensation committee. Requires
the administrative office of the courts to consult with the joint
legislative workers' compensation committee when developing continuing
education programs on topics related to workers' compensation for the
annual meeting. Broadly captioned. (S: Norris; H: Casada)
Amendment: Senate amendment 1 rewrites the bill. Specifies
that an injured employee is not entitled to seek reconsideration of
permanent partial disability benefits for injuries occurring on or after
July 1, 2009 if the pre-injury employer is sold or acquired subsequent
to receipt of such benefits and the injured employee continues to be
employed by the successor employer at the same or higher pay or the
employee declines an offer of employment with the successor employer at
the same or higher pay. If the injured employee is entitled to seek
reconsideration from the successor employer, requires the employee first
to request a benefit review conference, and if no agreement is reached,
then the employee has 90 days to file a complaint in court for
additional permanent partial disability benefits.
Senate Status: Senate 05/04/2009 passed with amendment 1.
House Status: House passed 05/21/2009.
Other Status: Enacted as Public Chapter 0364 (effective
07/01/2009).
|
SB 1574
Norris
HB 1472
Casada
Public Chapter (PDF)
|
Civil penalty assessed to insurance companies. Decreases the
amount of any civil penalty the commissioner of commerce and insurance
may assess against insurance companies for failure to submit
modification factors or rates from $2,000 per incident to $1,000 per
incident. Broadly captioned. (S: Norris; H: Casada)
Amendment: House amendment 1 clarifies, in regard to the
requirements for communication by an employer to or with a medical
provider being allowed, that the employer must provide any response to
the written communication from the medical provider to the employee or
the employee's attorney. Corrects typographical error in Senate
amendment 1, changing "medial" in subdivision (2)(C)(viii) to "medical".
Senate amendment 1 rewrites bill as follows: (1) provides that there is
no implied covenant of confidentiality, prohibition against ex parte
communications or privacy of medical records in the custody of
authorized treating physicians with respect to case managers, employers,
or insurance companies, or their attorneys, if such persons comply with
the provisions of the bill; (2) permits the employer, other than an
attorney representing the employer, to communicate orally with an
authorized medical provider and requires the employer representative to
provide a written summary of
the opinions or statements of the medical providers to the employee or
the employee's attorney within seven days of a request by the employee
or his or her attorney; (3) permits any form of written communication by
an employer to or with an authorized medical provider - other than a
request for records - provided the employer sends the employee a copy of
the written communication which was sent to the provider and copies of
any material or information provided to the medical provider, and gives
the employee copies of any response from the medical provider; (4)
permits the attorney representing the employer to communicate orally
with an authorized medical provider if the employee or his or her
attorney is provided at least seven days advance notice of the intended
oral communication and the employer representative provides a written
summary of all opinions and statements of the medical provider to the
employee/attorney within seven days of the oral communication; (5)
permits an employee
or an employer to obtain medical information, medical records or medical
reports from or to communicate in writing or in person with any
authorized medical provider provided the employee executes and provides
the appropriate written authorization; and (6) provides a medical
provider with exemption from liability for providing medical
information, medical records or medical reports if the provisions of the
bill are followed.
Senate Status: Senate 06/02/2009 concurred in House amendment
1.
House Status: House 05/21/2009 passed with amendment 1.
Other Status: Enacted as Public Chapter 0486 (effective
07/01/2009).
|
SB 1680
Ketron
HB
1192
Mumpower
|
Comprehensive medical fee schedule. Requires that any lower fees
paid for medical services provided on or after January 1, 2010 be made
according to a contract or agreement negotiated and signed directly
between the health care provider and the employer, trust, pool, insurer
or preferred provider organization network. (S: Ketron; H: Mumpower)
Senate Status: Senate Commerce, Labor & Agriculture
deferred subject to call of the chair.
House Status: House Consumer & Employee Affairs deferred
subject to call of chair.
Other Status: Workers' Compensation Advisory Council 06/04/2009
released with comment.
|
SB 1767
Herron
HB
0981
McDaniel
Public Chapter (PDF)
|
Maximum obligation for workers' compensation claim. Increases to
$250,000 from $100,000 the maximum amount the TN insurance guaranty
association is required to pay a claimant for claim if their insurer has
been determined insolvent. Excludes workers' compensation claims. (S:
Herron; H: McDaniel)
Amendment: House amendment 1 rewrites the bill. Changes from
$100,000 to $250,000, in the present value of annuity benefits,
including net cash surrender and net cash withdrawal values, the maximum
amount of benefits for which the TN insurance guaranty association may
become liable.
Senate Status: Senate passed 04/27/2009.
House Status: House 04/20/2009 passed with amendment 1.
Other Status: Enacted as Public Chapter 0178 (effective
07/01/2009).
|
SB 1924
Barnes
HB 1839
Pitts
|
Medical care and cost containment committee membership. Requires
the three physician members of the medical care and cost containment
committee to represent different specialty practice areas. Broadly
captioned. (S: Barnes; H: Pitts)
House Co-Sponsors: Todd;
Matheny
Amendment: House Employee Affairs Subcommittee amendment
directs the Department of Commerce and Insurance to create a special
class code so that owners of small businesses could enjoy a special
executive workers' comp rate; spells out the loss cost rate to be used
for this group for three years; and imposes penalty of 150% of premium
for individual who is working at a job site as opposed to just being an
owner/operator of a company.
Senate Status: Senate Commerce, Labor & Agriculture
deferred to February 2010.
House Status: House Consumer & Employee Affairs deferred to
1st calendar of 2010.
Other Status: Oversight Committee on Workers' Compensation
04/09/2009 released back to the Workers' Compensation Advisory Council
for comment, after adopting an amendment that makes the bill.
|
SB 2081
Johnson J.
HB 1964
Sargent
|
Injury after conclusion of claim but during treatment. Provides
that an injury to an employee following the conclusion of a workers'
compensation claim is not considered an accident arising out of and in
the course of employment with the original employer even though medical
benefits remained open and the employee was injured as a result of an
accident or incident occurring during authorized medical treatment or
travel to or from any authorized medical treatment. Broadly captioned.
(S: Johnson J.; H: Sargent)
Senate Status: Referred to Senate Commerce, Labor &
Agriculture.
House Status: Taken off notice in House Employee Affairs
Subcommittee 04/28/2009.
Other Status: Taken off notice in Oversight Committee on Workers'
Compensation 04/09/2009.
|
SB 2162
Tracy
HB
1963
Sargent
Public Chapter (PDF)
|
Inability of immigrant to return to work after injury. Takes
notice that federal law prohibits a pre-injury employer from permitting
an employee to return to work following the injury when the employee is
not eligible to work in the United States pursuant to federal
immigration laws. Caps permanent disability awards of such employees at
1.5 times medical impairment (for injuries occurring on or after July 1,
2009, if the employer can show that it in good faith complied with
employment eligibility and identity verification requirements of federal
law when the employee was hired. Increases cap to five times medical
impairment rating if the employee can show by clear and convincing
evidence that the employer had actual knowledge of unauthorized status
of the employee at time of hire or at time of injury. Broadly captioned.
(S: Tracy; H: Sargent)
Amendment: Senate amendment 1 rewrites the bill to restrict
maximum permanent partial disability claims to one and one-half times
the medical impairment rating if an employer verifies the immigration
status of the injured employee in the manner directed by the bill.
Requires an employer who does not take such steps to pay a sum of five
times the medical impairment rating, with sum up to one and one-half
times the medical impairment rating to be paid by employee's insurer and
additional three and one-half times medical impairment rating to be
paid by the employer and become part of uninsured employers fund.
Senate Status: Senate 05/20/2009 passed with amendment 1.
House Status: House passed 06/17/2009.
Other Status: Enacted as Public Chapter 0526 (effective
06/25/2009).
|
SB 2292
Kyle
HB
2253
Turner M.
|
Venue for certain workers' compensation claims. Following the
exhaustion of the benefit review conference process, sets venue as
follows: (1) If the employee resides in Tennessee, in the circuit or
chancery court of the county in which the employee resides; (2) If the
employee resides outside Tennessee, in the circuit or chancery court of
the county in which the alleged injury occurred; (3) If the employee
resides outside Tennessee and the injury occurred outside Tennessee, in
the circuit court or chancery court of any county where the employer
maintains an office; (4) If not determined by (1), (2) or (3), in the
circuit or chancery court of Davidson County; (5) If the employer is a
county or municipal corporation that has accepted the provisions of the
Workers' Compensation Law, in the circuit or chancery court of the
county in which the governmental entity is located. (Part of
Administration Package.) (S: Kyle; H: Turner M.)
Senate Status: Referred to Senate Commerce, Labor &
Agriculture.
House Status: Taken off notice in House Employee Affairs
Subcommittee 04/28/2009.
Other Status: Taken off notice in Oversight Committee on Workers'
Compensation 04/09/2009.
|
SB 2840
Stewart E.
HB 2844
Matheny
|
Lengthens suspension of workers' compensation insurance. Lengthens
suspension of requirement that sole proprietors and partners maintain
workers' compensation insurance on themselves from March 28, 2011 until
April 1, 2012. Same as SB 2841/HB 2845 but has broader caption. (S:
Stewart E.; H: Matheny)
Workers' Compensation Advisory Council comment: The Council
recommends that as many people within the construction industry,
including all employees, should have workers' compensation coverage.
There should be reasonable checks to ensure that all documents are valid
before a workers' compensation exemption is granted. If a sole
proprietor is involved, the sole proprietor must own 100% of his or her
business to qualify as an independent contractor. Definitions should be
clear with bright line understanding, so insurers and others can
understand and to avoid judicial interpretation. These programs should
be implemented as early as possible. The Council is available to discuss
further issues related to construction and workers' compensation.
Senate Status: Taken off notice in Senate Commerce, Labor
& Agriculture 03/16/2010.
House Status: House Employee Affairs Subcommittee recommended
03/17/2010. Sent to House Consumer & Employee Affairs.
Other Status: Workers' Compensation Advisory Council 03/05/2010
released with comment.
|
SB 2862
Black
HB
2932
Pitts
|
Exemptions for sole proprietors, partners in construction. (1)
Shortens suspension of requirement for sole proprietors and partners to
maintain workers' compensation insurance on themselves from March 28,
2011, to July 1, 2010. (2) Effective July 1, 2010, allows any sole
proprietor or partner engaged in the construction industry, or a member
of an LLC engaged in the construction industry, to elect to be exempt
from the operation of the workers' compensation law, provided that no
more than three members of an LLC may make such election. Requires any
sole proprietor, partner, or LLC member electing exemption to give
notice annually to the department of labor and workforce development and
to deliver a copy of the notice form with an accompanying affidavit to
any principal contractor, intermediate contractor, or subcontractor for
each individual contract under which the sole proprietor, partner, or
LLC member intends to work, prior to commencing such work. (3) Increases
penalty for
failure to comply with workers' compensation insurance requirements to
three times average yearly premiums from one and one-half times if
employer is engaged in construction industry. (4) Provides that if any
employer engaged in the construction industry fails to obtain workers'
compensation insurance coverage within the required time period, the
employer will lose any right to exemption for five years, and if such
failure is second or subsequent failure, the commissioner will notify
the state board of licensing contractors, which shall revoke the
contractor's license for a period determined by the department. (S:
Black; H: Pitts)
Senate Co-Sponsor: Barnes
Workers' Compensation Advisory Council comment: The Council
recommends that as many people within the construction industry,
including all employees, should have workers' compensation coverage.
There should be reasonable checks to ensure that all documents are valid
before a workers' compensation exemption is granted. If a sole
proprietor is involved, the sole proprietor must own 100% of his or her
business to qualify as an independent contractor. Definitions should be
clear with bright line understanding, so insurers and others can
understand and to avoid judicial interpretation. These programs should
be implemented as early as possible. The Council is available to discuss
further issues related to construction and workers' compensation.
Senate Status: Referred to Senate Commerce, Labor &
Agriculture.
House Status: House Government Operations deferred to last
calendar.
Other Status: Workers' Compensation Advisory Council 03/05/2010
released with comment.
|
SB 2930
Johnson J.
HB 2929
Sargent
|
Revises board of directors authorized to pool liabilities. Requires
a trade or professional association which permits employers to enter
into agreements to pool their liabilities for purposes of qualifying as
self-insureds to have operating agreement -- or constitution or bylaws,
as required by present law. Contains broad caption. (S: Johnson J.; H:
Sargent)
Senate Status: Referred to Senate Commerce, Labor &
Agriculture.
House Status: Caption bill held on House clerk's desk.
Other Status: Set for Workers' Compensation Advisory Council
02/08/2010.
|
SB 2943
Norris
HB
2928
Sargent
|
Revises determination of meaningful return to work. Applies cap
of 1.5 times an employee's medical impairment rating when the pre-injury
employer returns the injured employee to employment and at the time of
settlement or trial the average weekly wages earned by the employee are
equal to or greater than the average weekly wages the employee was
receiving at the time of the injury, rather than equal to or greater
than the wage the employee was receiving at the time of the injury.
Creates presumption that the employee had a meaningful return to work if
at the time of settlement or hearing, the employee is making an average
weekly wage equal to or greater than the average weekly wage the
employee was receiving at the time of the injury. (S: Norris; H:
Sargent)
Workers' Compensation Advisory Council comment: The Council
requests sponsors to include additional considerations that the bill
would not apply in cases of factory closings and an appropriate
application date in the future.
Senate Status: Senate Commerce, Labor & Agriculture
deferred to 03/23/2010.
House Status: House Employee Affairs Subcommittee 03/17/2010
recommended with amendment 1.
Other Status: Workers' Compensation Advisory Council reviewed
03/05/2010 and released with positive recommendation.
|
SB 2977
Berke
HB 3299
McCormick
|
Association captive insurance companies. (1) Permits association
captive insurance companies to insure obligations and liabilities
arising under federal Longshoremen's and Harbor Workers' Compensation
Act or any other federal legislation providing for compensation and
benefits for job-related injuries. (2) Allows association captive
insurance companies to hold any interest in qualified headquarters
property. (S: Berke; H: McCormick)
Amendment: Senate Commerce amendment 1 rewrites the bill.
Authorizes association captive insurance companies to insure obligations
under federal legislation that provides compensation and benefits to
workers for job related injuries if the company has obtained all
necessary approvals by the appropriate federal agencies. Authorizes
association captive insurance companies to hold any interest in
qualified headquarters property.
Workers' Compensation Advisory Council comment: The voting
members of the Advisory Council voted unanimously to recommend passage
of the bill, as amended. Proposed Amendment that makes the bill: Section
1 of amended SB 2977/HB 3299 adds language to TCA 50-6-702 to permit an
interlocal arrangement administered by an association captive insurance
company to provide for the insuring or self-insuring of obligations and
liabilities arising under the federal Longshoremen's and Harbor
Workers' Compensation Act as long as the company has obtained necessary
approvals from the appropriate federal agencies. Section 2 of the bill
adds a new subsection to TCA 56-13-121 to permit an association captive
insurance company to hold any interest in qualified headquarters
property [defined as including the real property and building in which
the principal office of the association captive insurance company is
located and includes improved and unimproved real property of the
association captive
insurance company located within 1500 feet of its principal office]
provided the net book value is not in excess of 2.5 million and the
company maintains an accumulated surplus of at least 50 percent of the
net book value of the headquarters property.
Senate Status: Senate Commerce, Labor & Agriculture
03/16/2010 recommended with amendment 1.
House Status: House Employee Affairs Subcommittee 03/17/2010
recommended with amendment 1.
Other Status: Workers' Compensation Advisory Council 03/05/2010
adopted comment.
|
SB 2984
Tate
HB 3313
Camper
|
Court-ordered depositions by physicians. (1) Permits a court to
order a physician to give a deposition if a physician refuses to make a
reasonable effort to give the deposition in a workers' compensation case
within a reasonable period of time -- rather than within 90 days of
receipt of notice. (2) Provides that a nominee's name for medical
director in the workers' compensation program may only appear on one
list of nominees for appointment. Contains broad caption. (S: Tate; H:
Camper)
Senate Status: Referred to Senate Commerce, Labor &
Agriculture.
House Status: Taken off notice in House Employee Affairs
Subcommittee 03/17/2010.
Other Status: Set for Workers' Compensation Advisory Council
02/08/2010.
|
SB 3163
Johnson J.
HB 3043
Sargent
|
Settlement of future medical benefits. Reduces from three years
to one year the period of time permitted for compromise and settlement
of future medical benefits in a case. Contains broad caption. (S:
Johnson J.; H: Sargent)
Senate Status: Taken off notice in Senate Commerce, Labor
& Agriculture 03/16/2010.
House Status: Taken off notice in House Employee Affairs
Subcommittee 03/17/2010.
Other Status: Workers' Compensation Advisory Council 03/05/2010
did not consider.
|
SB 3500
Beavers
HB
3628
Weaver
|
Suspension of exemption for contractors made permanent. Makes
permanent the exemption that sole proprietors and partners engaged in
the construction industry do not have to carry workers' compensation
insurance on themselves. Retains provision that proprietors and partners
must carry workers' compensation insurance on any subcontractor,
employee, or worker not otherwise covered by a workers' compensation
policy. Broadly captioned. (S: Beavers; H: Weaver)
Workers' Compensation Advisory Council comment: The Council
recommends that as many people within the construction industry,
including all employees, should have workers' compensation coverage.
There should be reasonable checks to ensure that all documents are valid
before a workers' compensation exemption is granted. If a sole
proprietor is involved, the sole proprietor must own 100% of his or her
business to qualify as an independent contractor. Definitions should be
clear with bright line understanding, so insurers and others can
understand and to avoid judicial interpretation. These programs should
be implemented as early as possible. The Council is available to discuss
further issues related to construction and workers' compensation.
Senate Status: Senate Commerce, Labor & Agriculture
deferred to 03/23/2010.
House Status: House Employee Affairs Subcommittee recommended
03/17/2010. Sent to House Consumer & Employee Affairs.
Other Status: Workers' Compensation Advisory Council 03/05/2010
released with comment.
|
SB 3591
Ketron
HB
3163
Curtiss
|
Insurance for sole proprietors, partners. (1) Shortens suspension
of requirement that sole proprietors and partners maintain workers'
compensation insurance on themselves from March 28, 2011, until July 1,
2010. (2) Effective July 1, 2010, creates a procedure for sole
proprietors, partners, officers of corporations, and members of limited
liability companies engaged in the construction industry to file for an
exemption from obtaining workers' compensation insurance to cover
themselves. Provides that certificate of election will last for two
years. Limits to three the number of independent contractors, with no
employees, that have exempted themselves from obtaining workers'
compensation insurance on any one project. (3) Provides that
"residential contractor" does not include any person building dwelling
or other structure, or performing maintenance, repairs, or making
additions to structures, on person's own property for person's own use
and for which person receives no
compensation. (S: Ketron; H: Curtiss)
Workers' Compensation Advisory Council comment: The Council
recommends that as many people within the construction industry,
including all employees, should have workers' compensation coverage.
There should be reasonable checks to ensure that all documents are valid
before a workers' compensation exemption is granted. If a sole
proprietor is involved, the sole proprietor must own 100% of his or her
business to qualify as an independent contractor. Definitions should be
clear with bright line understanding, so insurers and others can
understand and to avoid judicial interpretation. These programs should
be implemented as early as possible. The Council is available to discuss
further issues related to construction and workers' compensation.
Senate Status: Senate Commerce, Labor & Agriculture
deferred to 03/23/2010.
House Status: House Employee Affairs Subcommittee recommended
03/17/2010. Sent to House Consumer & Employee Affairs.
Other Status: Workers' Compensation Advisory Council 03/05/2010
released with comment.
|
SB 3603
Ketron
HB
3162
Curtiss
|
Insurance for sole proprietors and partners. Lengthens suspension
of requirement that sole proprietors and partners maintain workers'
compensation insurance on themselves from March 28, 2011, until June 30,
2011. (S: Ketron; H: Curtiss)
Workers' Compensation Advisory Council comment: The Council
recommends that as many people within the construction industry,
including all employees, should have workers' compensation coverage.
There should be reasonable checks to ensure that all documents are valid
before a workers' compensation exemption is granted. If a sole
proprietor is involved, the sole proprietor must own 100% of his or her
business to qualify as an independent contractor. Definitions should be
clear with bright line understanding, so insurers and others can
understand and to avoid judicial interpretation. These programs should
be implemented as early as possible. The Council is available to discuss
further issues related to construction and workers' compensation.
Senate Status: Referred to Senate Commerce, Labor &
Agriculture.
House Status: House Employee Affairs Subcommittee recommended
03/17/2010. Sent to House Consumer & Employee Affairs.
Other Status: Workers' Compensation Advisory Council 03/05/2010
released with comment.
|
SB 3730
Haynes J.
HB 3358
Fincher
|
Procedures governing approval of settlements. Revises procedures
governing approval of settlements of workers compensation cases by
courts. Prohibits the parties from submitting a settlement agreement for
approval to any court that is not a court of competent jurisdiction as
provided in TCA 50-6-225 and prohibits the parties from waiving personal
jurisdiction for the purposes of obtaining approval of a proposed
settlement. Provides that the employee must be required to be present at
the time any proposed settlement agreement is submitted to a court for
approval. Excepts situations where physical presence is not possible due
to military service or the employee is suffering a debilitating illness
and cannot physically be present. Prohibits judge from approving any
proposed settlement agreement without having communicated with the
employee in person or by telephone. Contains broad caption. (S: Haynes
J.; H: Fincher)
Workers' Compensation Advisory Council comment: Workers'
Compensation Advisory Council recommends for passage with amendment
provided with the additional remarks that the bill gives an alternative
for unrepresented workers.
Senate Status: Referred to Senate Commerce, Labor &
Agriculture.
House Status: Taken off notice in House Employee Affairs
Subcommittee 03/17/2010.
Other Status: Workers' Compensation Advisory Council 03/05/2010
adopted comment.
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SB 3731
Haynes J.
HB 3582
Coleman
|
Handling future medicals after judgment or settlement. Establishes
a procedure for handling disputes involving future medical care and
treatment, medical services, or medical benefits, or both, in a workers'
compensation case after judgment or settlement. Permits the employee or
the employer, or the attorney for the employee or employer, to request
assistance of a workers' compensation specialist by filing with the
Division of Workers' Compensation a form prescribed for that purpose.
Provides that if the employer does not agree to provide the medical care
and treatment at issue, the specialist will enter an order as to
whether the employer will provide medical care and treatment, medical
services or medical benefits, or both, and if so, the specific medical
care and treatment, medical services or medical benefits, or both, that
will be provided. Provides that if the request for assistance involved a
request for medical care or treatment pursuant to a court judgment or
decree
following a trial of the underlying workers' compensation claim, either
the employer or the employee may appeal the specialist's order to the
original court that issued the judgment or decree. Provides that if the
request for assistance involved a request for medical care and treatment
pursuant to a settlement, the aggrieved party may request
administrative review. Contains broad caption. (S: Haynes J.; H:
Coleman)
Amendment: Senate Commerce, Labor & Agriculture
amendment 2 adds to the end of Section 1 that under the authority
granted to a court, when considering a request for enforcement of this
subdivision concerning an appointed workers' compensation specialist, a
court may award attorney fees and other reasonable costs as set by the
court.
Workers' Compensation Advisory Council comment: The Council
finds that this bill treats unrepresented employees more fairly in
workers' compensation disputes. Fills gaps in existing laws. The
department should determine applicable fees.
Senate Status: Senate Commerce, Labor & Agriculture
03/16/2010 recommended with amendment 2, which adds to the end of
Section 1 that under the authority granted to a court, when considering a
request for enforcement of this subdivision concerning an appointed
workers' compensation specialist, a court may award attorney fees and
other reasonable costs as set by the court.
House Status: House Employee Affairs Subcommittee 03/17/2010
recommended with amendment 1.
Other Status: Workers' Compensation Advisory Council reviewed
03/05/2010 and released with positive recommendation.
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SB 3750
Bunch
HB
3557
Rowland
|
Whether person is employee or independent contractor. Creates a
rebuttable presumption that an individual is an "independent contractor"
and not an "employee" if the court finds that one or more of the
statutory factors tend to prove that the individual is an "independent
contractor" and not an "employee." Creates conclusive presumption that
an individual is an "independent contractor" and not an employee if the
court finds that three or more of statutory factors tend to prove that
the individual is an "independent contractor" and not an "employee." (S:
Bunch; H: Rowland)
Workers' Compensation Advisory Council comment: Workers'
Compensation Advisory Council finds that the bill could cause fewer
workers to be covered by workers' compensation because it would be
easier to list an individual as a subcontractor rather than an employee.
There are also concerns that the language used in the bill places the
burden of proof on the employee and reaches beyond just the construction
industry. The Council recommends against passage.
Senate Status: Senate Commerce, Labor & Agriculture
deferred to 03/23/2010.
House Status: House Employee Affairs Subcommittee recommended
03/17/2010. Sent to House Consumer & Employee Affairs.
Other Status: Workers' Compensation Advisory Council 03/05/2010
recommended against.
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SB 7001
Ketron
HB
7007
Pitts
Public Chapter (PDF)
|
Workers compensation requirements for contractors. Liability of
principal intermediate contractor or subcontractor is clarified to state
that sole proprietors and partners shall not be required to carry
workers compensation insurance on themselves. Revision takes place
immediately upon becoming law, but then only effective until February
28, 2011. At that time, the next revision will go into effect. That
revision states that if a sole proprietor or partner is working as an
intermediate contractor or subcontractor, then workers compensation
insurance shall be required on themselves. (S: Ketron; H: Pitts)
Senate
Co-Sponsors: Barnes; Herron; Black; Berke
House Co-Sponsors:
Matheny; Evans; Bass; Tidwell; Moore; Yokley; Maddox; Fincher; Williams
K.; Campfield; Cobb T.; Sontany; Lundberg; Curtiss; Barker; Lollar;
McDonald; Bone; Hackworth; Miller L.; Brooks, Kevin; Fitzhugh; Jones U.;
Shaw; Naifeh; DeBerry L.; Carr; Hensley; Hawk; Shipley; Lynn; Litz;
Johnson P.;
Rich; Dunn; Hill; Johnson C.; Montgomery; Favors; West; Sargent;
Niceley; Fraley; Faulkner; Brown; Gilmore; Coley; Ramsey B.; Towns;
Camper; Stewart M.; DeBerry J.; McManus; Dennis; Eldridge; White M.;
Cooper B.
Amendment: Senate amendment 1 changes the date to March 28,
2011, from February 28, 2011, on which the requirement for sole
proprietors and partners who are engaged in the construction industry to
obtain workers' compensation would be reinstated.
Senate Status: Senate 01/15/2010 passed with amendment.
House Status: House passed 01/15/2010.
Other Status: Enacted as Public Chapter 7001 (effective
01/22/2010).
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SB 7002
Ketron
HB
7001
Curtiss
|
Sole proprietors and liability insurance. Deletes provision in
current law that requires sole proprietors and partners to carry
liability insurance on themselves from February 1 through June 30. (S:
Ketron; H: Curtiss)
House Co-Sponsors: Yokley; Maddox
Senate Status: Referred to Senate Commerce, Labor &
Agriculture.
House Status: Introduced 1/12/2010
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