TBALink HomeSite HelpTBA InformationTennBarU CLELegal ResourcesCourt OpinionsTBALink Home
TBA Bill Tracking Service — Watch List
(Updated March 18, 2010)


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

AGRICULTURE

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.

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).

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).

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).

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.

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.

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.

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).

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


Tennessee Legislation Service (c) 2010 M. Lee Smith Publishers


© Copyright 2010 Tennessee Bar Association