AGRICULTURE |
SB 1749
Ketron
HB 0901
Niceley
|
Farm Land Protection Act. Establishes a procedure for prime
farmland to be classified and taken by eminent domain. Requires that
prime farmland can only be taken by eminent domain after the county
legislative body where the farmland is located votes for its occurrence
by a two-thirds majority. (S: Ketron; H: Niceley)
Amendment: House Agriculture amendment 1 exempts the department of transportation from the requirements of the bill.
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: House Agriculture 04/19/2011 recommended with amendment 1. Sent to House Finance, Ways & Means.
|
ALCOHOLIC BEVERAGES |
SB 0316
Ketron
HB 0406
Lundberg
|
Sale of wine at grocery stores. Creates an additional class of
licenses allowing the sale of wine at retail food stores. Limits the
issuance of such licenses to retail food stores located in a city or
county that has authorized the sale of alcoholic beverages by local
option election. (S: Ketron; H: Lundberg)
Senate Status: Senate State & Local Government deferred to 04/19/2011.
House Status: House General Subcommittee of State & Local Government deferred to July 4, 2012.
|
SB 0317
Ketron
HB 0559
Lundberg
|
Sale of wine at certain grocery stores. Permits the issuance of
licenses to sell wine at retail food stores by the alcoholic beverage
commission and shall be referred to as "wine at retail food store
license". Permits the licensee to sell ice, drink mixes, glassware, and
wine related items. Prohibits the issuing of a license to persons under
the age of 21 and persons convicted of a felony involving moral
turpitude. Subjects the license to various existing regulations such as
annual fees, sales to minors, verification of age through photo id,
license issuance, termination, renewal, and suspension. (S: Ketron; H:
Lundberg)
Senate Status: Referred to Senate State & Local Government.
House Status: Referred to House General Subcommittee of State & Local Government.
|
SB 0318
Ketron
HB 0560
Lundberg
|
Referendum on sale of wine at grocery stores. Provides deadlines
for placing referenda concerning the sale of wine in retail food stores
on the ballot of local elections and the format it must conform to on
the ballot. Creates a license for the sale of wine in retail food stores
as well as ice, drink mixes, glassware, and wine related items in
counties that have approved the sale of wine in retail food stores by
local option election. Requires that all license holders adhere to
existing law concerning the sale of alcohol such as age and
identification requirements, annual fees, issuance, renewal, and
suspension. Exempts a licensee from specific provisions regulating the
licensing of corporations for failure of their stockholders to meet
certain requirements, persons with landlords and other agents who appear
to be sharing in profits, and specific building and entrance
requirements. (S: Ketron; H: Lundberg)
Senate Status: Referred to Senate State & Local Government.
House Status: Referred to House General Subcommittee of State & Local Government.
|
SB 0319
Ketron
HB 0561
Lundberg
|
Sale of wine at grocery stores. Creates a class of licenses that
allow the sale of wine at retail food stores. Licenses may only be
issued to retail food stores located in counties or municipalities that
have authorized the sale of alcoholic beverages by local option
election. Requires person applying for such license to be at least 21
years of age and not convicted of a certain felony. Requires person
purchasing wine at such stores to present photo identification. Allows
such stores to also sell certain items related to wine. (S: Ketron; H:
Lundberg)
Senate Status: Referred to Senate State & Local Government.
House Status: Referred to House General Subcommittee of State & Local Government.
|
SB 0320
Ketron
HB 0562
Lundberg
|
Allows retail package stores to sell certain items. Allows retail
package stores to sell ice, soft drinks and fruit drinks, mixes
normally associated with alcoholic beverages, glassware, and corkscrews
and other wine-related items, in addition to alcoholic beverages. (S:
Ketron; H: Lundberg)
Senate Status: Referred to Senate State & Local Government.
House Status: Referred to House General Subcommittee of State & Local Government.
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ANIMALS & ANIMAL HUSBANDRY |
SB 1961
Stewart E.
HB 1670
Matheny
|
Beekeepers safety requirements and tort liability. Requires
beekeepers to register each apiary location each year, instead of every
three years. Requires beekeepers to request a permit from the state
apiarist when planning to import bees for certain purposes or vacant bee
equipment. Requires beekeepers to report to the state apiarist when
other bees are imported to the state. Allows state apiarist to exempt
certain educational beekeeping programs. Changes the inspection process
for apiary inspectors to inspect for bee diseases. Changes the
quarantine process. Limits liability for beekeepers if they comply with
state regulations, post caution signs, limit the number of hives
relating to property lot size, place the hives in certain places,
maintain a water source near the bee colonies, and complies with other
requirements. (10 pp.) (S: Stewart E.; H: Matheny)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Referred to House General Subcommittee of Agriculture.
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BANKING & CREDIT |
SB 0716
Woodson
HB 0911
Lundberg
|
Mortgage lender and service provider licensure exceptions. Permits
an attorney without a mortgage lender's license to receive compensation
from a mortgage lender, loan broker or service provider for negotiating
terms of a residential mortgage loan as a side matter in representing a
client. Provides additional exceptions to the mortgage lender license
requirement including sellers of residential mortgage loans subject to
specified limitations, commercial real estate lending to non-owners,
employer-employee mortgage loans, mortgage loans pursuant to court
order, and real estate brokerage activities. (S: Woodson; H: Lundberg)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Referred to House General Subcommittee of Commerce.
|
SB 1014
Finney L.
HB 1241
Haynes R.
|
Mortgage lender licensure exceptions. Adds two additional
exceptions for requiring a person to obtain a mortgage lender, loan
broker, or loan service provider license exempting sellers under the
control of another person selling five or fewer residential mortgage
loans in a year that do not publicly hold themselves out to be in the
mortgage lending business and are not required under federal law to
obtain a mortgage originator's license and any person performing real
estate brokerage activities who is a licensed real estate broker. (S:
Finney L.; H: Haynes R.)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Referred to House General Subcommittee of Commerce.
|
SB 1179
Ketron
HB 1548
Carr
|
Fees for deferred presentment services. Authorizes specified fees relative to deferred presentment services. (S: Ketron; H: Carr)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Referred to House General Subcommittee of Commerce.
|
SB 1336
Watson B.
HB 1846
McCormick
Public Chapter (PDF)
|
Transaction exemption under TN Securities Act of 1980. Broadens
transaction exemption under the Tennessee Securities Act of 1980.
Exempts non-issuer securities transactions from registration and other
legal requirements relating to securities that are exempted from 12(g)
of the Federal Securities Exchange Act of 1934, regarding foreign
securities issuers. (S: Watson B.; H: McCormick)
House Co-Sponsors: Favors; Cobb J.; Dean; Brown; Floyd
Senate Status: Senate 03/14/2011 passed.
House Status: House passed 03/31/2011.
Other Status: Enacted as Public Chapter 0079 (effective 04/14/2011).
|
SB 1434
Harper
HB 1936
Towns
|
Payor banks to process items sequentially. Requires payor banks
to process items sequentially, based on the check, draft or order
number, on the day items are charged against a customer's account.
Specifies if items are processed in a non-sequential manner and such
processing results in an overdraft occurring for more items than would
have occurred had the items been processed sequentially, then no
handling charge is to be assessed by the payor bank for any items.
Specifies that a payor bank who fails to comply with these provisions
shall be fined $2,500 per infraction. (S: Harper; H: Towns)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture 04/26/2011.
House Status: House General Subcommittee of Commerce deferred to summer study.
|
SB 1451
Overbey
HB 1921
Marsh
Public Chapter (PDF)
|
Notice of the right to foreclose. Requires the notice of the
right to foreclosure to be contained in any deed memorializing the sale,
instead of in the notice of foreclosure. Allows written notice to not
be required if the lender has met with the principal debtor in-person
and discussed certain foreclosure issues within 180 days before
publishing notice of foreclosure. Allows such exemption of written proof
to be met by the lender's sworn affidavit. Requires certain foreclosure
notices to not apply to sales if the borrower has obtained a prior loan
modification or refinance after July 1, 2010. (S: Overbey; H: Marsh)
House Co-Sponsors: Fitzhugh; Johnson P.; Williams R.; Matheny; Pitts; Johnson C.; Montgomery; Casada; Sargent; Curtiss; Hardaway
Amendment: Senate amendment 1 deletes provision that allowed
a signed document to be conclusive proof of the meeting, in lieu of a
sworn affidavit. Requires that the lender, trustee, or agent who has met
with the principal debtor to execute such sworn affidavit. Specifies
that the notice requirement would not apply to any sale conducted if the
borrower has obtained a prior loan modification or refinance "after
July 1, 2011". (Under present law, the notice requirement does not apply
to any sale conducted if the borrower has obtained a prior loan
modification or refinance before July 1, 2010.) Senate amendment 2
deletes current law provisions (35-5-117 in its entirety) regarding
legal notices of foreclosure, effective January 1, 2013, and makes
applicable to any notice of foreclosure for which the first publication
occurs on or after January 1, 2013.
Senate Status: Senate 04/07/2011 passed with amendments 1 and 2.
House Status: House passed 04/07/2011.
Other Status: Enacted as Public Chapter 0122 (effective 04/25/2011).
|
SB 1484
Marrero
HB 1552
Turner J.
|
Revisions to Tennessee Title Pledge Act. Allows actions against
title and property pledge agreements to occur within two years after the
date of violation, instead of prohibiting actions after one year.
Requires persons filing complaints against pledge lenders to receive
written notice of the hearing and be allowed to speak at the hearing and
present evidence. Requires pledge lenders to submit certain additional
information. Requires certain information related to pledge lenders to
available to the public. Alter pledge lender's fee arrangements.
Requires certain statements to be mailed to the customer, instead of
having two options of mail or personal delivery. Requires customer to
pay minimum payments of 10 percent of the principal amount, instead of 5
percent. (S: Marrero; H: Turner J.)
House Co-Sponsors: Stewart M.; Camper; Richardson; Pruitt
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Referred to House General Subcommittee of Commerce.
|
SB 1485
Marrero
HB 1551
Turner J.
|
Revisions to TN Title Pledge Act. Extends the time a person has
to bring a civil action against a title pledge lender from one to two
years from the date of the discovery of the violation. Deems any
violation of title pledge rules to also be a violation of the consumer
protection act and increases the amount of damages available to include a
limited statutory penalty and punitive damages. Requires persons
bringing a claim against a title pledge lender receive written notice of
hearings regarding the complaint and the opportunity to participate.
Requires a title pledge lender file a written report with the
commissioner within 15 days of being sued for fraud, misrepresentation,
or deceit. Changes the requirement that reports submitted to the
commissioner by a title pledge lender remain confidential to require all
reports be available to the public within 90 days of written request.
Removes a provision allowing maximum fees charged to be calculated using
balances on renewal
agreements and prohibits additional fees upon subsequent renewals.
Deletes provisions allowing statements required upon renewal to be hand
delivered to the pledgor and allowing deferred payments for pledgors
that cannot meet their minimum required payment. Increases the amount of
payments a pledgor is required to make upon making a third renewal from
five to ten percent of the original principal amount. (S: Marrero; H:
Turner J.)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Taken off notice 04/20/2011 in House General Subcommittee of Commerce.
|
SB 1486
Marrero
HB 1550
Turner J.
|
Title loan fees. Restricts the rate of interest that a title
pledge lender can charge to one-half a percent, instead of two percent.
Restricts the fee that a title pledge lender can charge to three percent
of the principal amount, instead of one-fifth of the original principal
amount. Restricts certain fees that persons licensed to provide
deferred presentment services may charge. (S: Marrero; H: Turner J.)
House Co-Sponsors: Stewart M.; Camper; Pruitt; DeBerry J.
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Referred to House General Subcommittee of Commerce.
|
SB 1487
Marrero
HB 1549
Turner J.
|
Pilot project - mediation prior to foreclosure. Creates a pilot
project in Shelby County that allows a lender to voluntarily enter into
mediation with the borrower prior to foreclosure on a mortgage loan
entered into under the Tennessee Home Loan Protection Act. Permits the
borrower or lender to request the services of the federal mediation and
conciliation service. Also excludes certain residential mortgage
transactions from the application of the Tennessee Home Loan Protection
Act. (S: Marrero; H: Turner J.)
House Co-Sponsors: Stewart M.; Camper; Pruitt; DeBerry J.
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Taken off notice 04/13/2011 in House General Subcommittee of Commerce.
|
SB 1553
Ketron
HB 1393
Sargent
|
Redefines check and defines payment instrument. Redefines check
and defines payment instrument for the purposes of the Deferred
Presentment Services Act. (S: Ketron; H: Sargent)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Referred to House Commerce.
|
SB 1613
Marrero
HB 1531
Turner M.
|
Notice of foreclosure. Requires first publication of notice
regarding foreclosure sale to be published in newspapers 90 days
previous to the sale rather than the current 20 days previous to the
sale. Requires borrower to be notified regarding foreclosure prevention
counseling services. Requires mortgage loans to be based upon ability of
borrower to repay such loans. (S: Marrero; H: Turner M.)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Taken off notice 04/06/2011 in House General Subcommittee of Commerce.
|
SB 2030
Ford O.
HB 1967
Turner J.
|
Study on establishing a TN foreclosure mediation program. Requires
the TN housing development agency to conduct a study of the feasibility
of establishing a foreclosure mediation program in TN. Requires the
agency to seek to identify the amount of time needed to conduct
meaningful mediations in the context of residential foreclosures.
Requires the agency to request assistance from the administrative office
of the courts and the TN bar association. Requires the agency to report
its finding to the commerce and judiciary committees of the house of
representatives and the commerce and judiciary committees of the senate
no later than March 1, 2012. Broadly captioned. (S: Ford O.; H: Turner
J.)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture 04/19/2011.
House Status: Taken off notice 04/13/2011 in House General Subcommittee of Commerce.
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CAMPAIGNS & LOBBYING |
SB 0016
Ketron
HB 0007
Maggart
|
Voting - must present government ID. Requires all voters voting
in-person to present a valid government ID to vote. Requires the voter
to vote a provisional ballot, instead of voting normally after proving
identity by an affidavit, if the voter voting in-person cannot present a
valid government ID. Requires the counting of provisional ballots to be
completed within four days, instead of the current two days. Requires
that such provisional ballots will only be counted if the voter returns
and provides a valid government ID after casting the provisional ballot.
Allows voters who are indigent or have a religious objection to being
photographed to complete an affidavit and vote. (S: Ketron; H: Maggart)
Senate Co-Sponsors: Gresham; Tracy; Beavers; Kelsey
House Co-Sponsors: Sexton; Evans; Womick; Miller D.; Weaver; Watson E.; Wirgau; Sanderson; Todd
Amendment: House amendment 1 includes the requirements for a
photo ID for early voting as well as regular voting. House amendment 2
prevents identification cards issued to a student by an institution of
higher education containing the student's photograph from being valid
photographic proof in order to vote.
Senate Status: Set for Senate Message Calendar 04/28/2011.
House Status: House 04/14/2011 passed with amendments 1 and 2.
|
SB 0133
Campfield
|
Proof of identity upon registering to vote. Requires persons
registering to vote to provide satisfactory proof of identity upon
registering in an election commission office or upon voting for the
first time. Establishes such proof of identity to be any of the
following: a social security card, birth certificate, TN driver license,
identification card issued by an entity of TN or the United States, or a
valid U.S. passport. (S: Campfield)
Senate Status: Referred to Senate State & Local Government.
|
SB 0139
Ketron
HB 0160
Casada
|
Prohibits labor organization from contributing to elections. Prohibits
labor organizations from contributing to any candidate with respect to
any election. Creates a Class C misdemeanor for violations. Defines
"labor organization" as any organization that exists for the purpose of
collective bargaining or of dealing with employers concerning
grievances, terms or conditions of employment, or for other mutual aid
or protection in relation to employment or any agent acting for
organizations. (S: Ketron; H: Casada)
Senate Status: Taken off notice in Senate State & Local Government 03/09/2011.
House Status: Referred to House General Subcommittee of State & Local Government.
|
SB 0177
Watson B.
HB 0647
Cobb J.
|
Termination of employment as a lobbyist. Repeals provisions
prohibiting lobbyists and former lobbyists from serving on the Advisory
Council on Workers' Compensation, the Alcoholic Beverage Commission, the
State Board for Licensing Contractors, the Tennessee Private
Investigation and Polygraph Commission, the Tennessee Advisory Committee
for Acupuncture, the Tennessee Massage Licensure Board, the Board of
Athletic Trainers, the Council of Certified Professional Midwifery, and
the Polysomnography Professional Standards Committee. Broadly captioned.
(S: Watson B.; H: Cobb J.)
House Co-Sponsors: Rich; Shipley
Senate Status: Referred to Senate State & Local Government.
House Status: House Government Operations deferred to 05/11/2011.
|
SB 0237
Watson B.
HB 0633
Cobb J.
|
Lobbyists serving as members of state agencies. Requires any
registered lobbyist to terminate all employment and business association
as a lobbyist with any entity whose business endeavors or professional
activities are regulated or overseen by a state board, commission or
other government entity prior to serving as a member of such board or
entity. Requires members to be state residents. Prohibits public members
from having a direct or indirect affiliation with professions and
industries being overseen or regulated by such boards and entities.
Authorizes the ethics commission to administratively assess a civil
penalty not to exceed $10,000 for violations. (S: Watson B.; H: Cobb J.)
House Co-Sponsors: Rich; Shipley
Amendment: House amendment 1 adds a provision clarifying
that the prohibitions on employment, registration, or service as a
lobbyist applies solely to state boards, commissions, or other
governmental entities that have statutory authority to direct, manage,
supervise, or conduct the affairs of an organization, entity, person,
or business. Adds a provision clarifying spouses and family members of
public, citizen, or at-large members are not prohibited from affiliating
with any profession or industry overseen by the board, commission, or
government entity of which that member participates.
Senate Status: Senate 04/21/2011 non-concurred in House amendment 1.
House Status: House 04/18/2011 passed with amendment 1.
|
SB 0272
Berke
HB 0348
McDonald
|
Corporation's contributions to political candidates. Requires
corporations to file statement of contributions and expenditures when
using corporate funds to aid in either the election or defeat of any
political candidate. Requires the statement of contributions and
expenditures to include specific language and list several items,
including shareholder and officer information and employed lobbyists,
(S: Berke; H: McDonald)
Senate Status: Taken off notice in Senate State & Local Government 04/26/2011.
House Status: Failed 04/13/2011 in House General Subcommittee of State & Local Government.
|
SB 0348
Haynes J.
HB 0817
Turner M.
|
Contribution limits from multicandidate PACs. Limits to $109,100
the total amount of money that a PAC, excluding party and caucus PACs,
can contribute to all candidates and to other PACs. Specifies that no
more than $43,000 of that amount may be given to candidates and that no
more than $66,100 of that amount may be given to other PACs. Requires
all campaign contribution limits to be adjusted every two years to
reflect changes in the CPI, beginning in 2013. Requires multicandidate
political campaign committee to certify names and addresses of any
person who makes decisions about the committee's contributions and
expenditures. (S: Haynes J.; H: Turner M.)
Senate Status: Referred to Senate State & Local Government.
House Status: Referred to House General Subcommittee of State & Local Government.
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SB 0352
Norris
HB 0324
Todd
|
Proof of citizenship for registering to vote. Requires
administrator of elections to reject any voter registration application
that does not include satisfactory evidence of U.S. citizenship.
Requires voter registration records to include signed statement
declaring that the voter is a U.S. citizen. (S: Norris; H: Todd)
Amendment: House State and Local amendment 1 deletes the
original bill. Requires the Coordinator of Elections to compare the
statewide voter registration database with the Department of Safety
database to ensure non-United States citizens are not registered to vote
in this state. Authorizes the Coordinator of Elections to compare the
statewide voter registration database with relevant federal and state
agencies and county records for the same purpose. If evidence exists
that a registered voter is not a citizen, the Coordinator shall notify
the county election commission who will send a notice to the voter
inquiring about his or her eligibility to vote. If the voter does not
provide evidence of citizenship, the voter shall be purged from the
voter registration database. The voter may appeal to the State Election
Commission, who shall conduct a hearing and render a decision. The voter
database will be changed to reflect the decision of the State Election
Commission with
respect to the voter.
Senate Status: Senate State & Local Government deferred to 05/03/2011.
House Status: Set for House Calendar & Rules Committee 04/28/2011.
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SB 0366
Beavers
|
Presidential candidate requirements. Requires presidential
candidates to submit, as a condition of having their names on the state
ballot, an original long form birth certificate, a sworn statement
stating that the candidate has never held dual citizenship, and a sworn
statement identifying where the candidate has lived in the previous 14
years. Requires the original long form birth certificate to include:
date and place of birth, the names of the hospital and attending
physician, and the signatures of the witnesses in attendance. (S:
Beavers)
Senate Status: Referred to Senate State & Local Government.
|
SB 0375
Bell
HB 0402
Watson E.
|
Proper identification required for voting. Requires a voter to
present one form of identification, including the person's name,
address, and photograph. Requires identification to be a passport or
government employee issued or military issued identification, in
addition to certain forms of state issued identification. Allows voters
without proper identification to cast provisional ballots. Allows
indigent persons to sign certain documents to have fees waived in order
to receive a proper identification card issued by the department of
safety. (S: Bell; H: Watson E.)
Senate Status: Referred to Senate State & Local Government.
House Status: Taken off notice 03/02/2011 in House General Subcommittee of State & Local Government.
|
SB 0377
Bell
HB 0393
Watson E.
|
Voter registration form must include citizenship. Requires voter
registration forms to include additional information, including proof of
citizenship. Specifies that proof of citizenship for such registration
includes the applicant's driver license number, birth certificate copy,
passport copy, naturalization information, certain Native American
information, or other certain information. Also requires voters to
provide an identification containing the person's address, photo, and
name. (S: Bell; H: Watson E.)
Senate Status: Referred to Senate State & Local Government.
House Status: Taken off notice 03/02/2011 in House General Subcommittee of State & Local Government.
|
SB 0492
Haynes J.
HB 0321
Fitzhugh
|
Voter-Owned Elections Act. Enacts the "Voter-Owned Elections
Act," which is to ensure the vitality and fairness of democratic
elections in TN and to protect the constitutional rights of voters and
candidates from the detrimental effects of increasingly large amounts of
money being raised and spent in TN to influence the outcome of
elections. Establishes the TN Democracy Fund as an alternative source of
campaign financing for candidates who obtain a sufficient number of
qualifying contributions from registered voters and who voluntarily
accept strict fund-raising and spending limits. The fund is also
established to finance the election campaigns of certified candidates
for office and to pay administrative enforcement costs of the registry;
it is a nonlapsing fund and any interest generated by the Fund is
credited to the Fund. Requires the registry of election finance to
administer this act and the TN Democracy Fund. Sets a procedure for
depositing money received in the Fund.
Requires any individual choosing to participate in the Voter-Owned
Elections Act to file with the registry a declaration of intent to
participate as a candidate for a state office. Requires participating
candidates to obtain a minimum number of qualifying contributions from
registered TN voters as follows: a candidate for governor needs at least
7,000, state senator at least 400, and state representative at least
200. Requires the registry to publish guidelines outlining permissible
campaign-related expenditures. Establishes a procedure for distributing
to certified candidates revenues from the Fund in amounts determined.
Requires any noncertified candidate who has as an opponent a certified
candidate or any entity that intends to make independent expenditure to
support or oppose a certified candidate, to report to the registry on
the 40th and 20th days before an election a statement of the amount that
noncertified candidate or entity intends to spend for that election.
Requires the
registry to ensure timely public access to campaign finance data and may
utilize electronic means of reporting and storing information.
Establishes a Voter-Owned Elections Advisory Council that is required to
advise the registry on the rules and opinions it adopts for the
enforcement and administration of the Voter-Owned Elections Act and on
the funding needs of the TN Democracy fund. Requires the council to
consist of five members to be appointed by the governor. Requires two
appointees to be appointed for one-year terms, two to be appointed for
two-year terms, and one to be appointed for a three-year term according
to random lot. Establishes any violators to be subject to a civil
penalty of up to $10,000 per violation, in addition to any other
penalties that may be applicable. Establishes that a candidate found in
violation may be required to return to the Fund all amounts distributed
to the candidate from the Fund. (14 pp). (S: Haynes J.; H: Fitzhugh)
Senate Status: Referred to Senate State & Local Government.
House Status: Taken off notice 04/13/2011 in House General Subcommittee of State & Local Government.
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SB 0573
Berke
HB 0364
Pitts
|
Contribution and expenditure statements. Requires each single
candidate political campaign committee, single measure political
campaign or multicandidate political campaign committee, within 14 days
of making an expenditure or receiving a contribution, to file a
statement with the registry of election finance. Requires such candidate
or political committee to file semi-annual statements by January 31 and
July 15 stating that no contributions have been received and no
expenditures have been made, if that is the case. (S: Berke; H: Pitts)
Senate Status: Taken off notice in Senate State & Local Government 04/26/2011.
House Status: Failed 04/13/2011 in House General Subcommittee of State & Local Government.
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SB 0617
Campfield
|
Ballots permitted to list affiliate partisan organizations. Allows
persons to be listed on ballot as a candidate of a partisan
organization if such organization has filed with the state election
commission a petition with 2,500 signatures of registered voters and a
copy of its bylaws and has completed other certain requirements. (S:
Campfield)
Senate Status: Referred to Senate State & Local Government.
|
SB 0768
Ketron
HB 0792
McCormick
|
Corporate contributions to candidates. Allows corporations to
make campaign contributions, with the same limits as those placed on
PACs, to individuals or PACs that are not party or caucus PACs. Sets the
limit on corporate funds that may be contributed to any one PAC at the
same amount as the contribution limit for individual candidates for
statewide office, which is currently $7,500. Specifies that ordinary
administrative assistance provided by a corporation to its affiliated
PAC will not be included in as a contribution. Allows corporate funds to
be used for direct political activity that is independent from, and not
coordinated with, any candidate or political party. (S: Ketron; H:
McCormick)
Senate Status: Referred to Senate State & Local Government.
House Status: Referred to House General Subcommittee of State & Local Government.
|
SB 0929
Norris
HB 0793
McCormick
|
Date of presidential preference primary. Changes the date for the
presidential preference primary from February to March and the
qualifying deadline to the second Thursday in December. (S: Norris; H:
McCormick)
Senate Status: Taken off notice in Senate State & Local Government 04/19/2011.
House Status: Taken off notice 03/16/2011 in House General Subcommittee of State & Local Government.
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SB 0935
Norris
HB 0794
McCormick
|
Recognition of minor political parties. Replaces the present law
mechanism whereby a political party with a membership equal to at least
2.5 percent of the total number of votes cast for gubernatorial
candidates in the most recent gubernatorial election can qualify as a
statewide political party despite not having one of its candidates for a
statewide office in the past four calendar years receive a number of
votes equal to at least five percent of the total number of votes cast
for gubernatorial candidates in the most recent election of governor.
Authorizes recognized minor parties to be placed on the ballot. Defines
"recognized minor party" to mean any group or association that has
successfully petitioned by filing with the coordinator of elections a
petition that, at a minimum, bears the signatures of registered voters
equal to at least 2.5 percent of the total number of votes cast for
gubernatorial candidates in the most recent election of governor, and on
each page of the
petition, states its purpose, states its name, and contains the names of
registered voters from a single county. Modifies the order in which
columns of candidates' names will appear on the ballot to the following:
majority party, minority party, recognized minor party and
independents. Details the procedural requirements and filing deadlines
that a minor party will have to comply with in order to obtain
recognition. Prohibits any recognized minor party from using the word
"independent" or "nonpartisan" in its name. Unlike a statewide party, a
recognized minor party will not be required to elect its executive
committee at the regular August primary election. Also, the executive
committee for a recognized minor party will not be subject to the
parliamentary and meeting requirements for primary boards. In order to
maintain recognition, a minor party will be required to have at least
one of its candidates for a statewide office receive a number of votes
equal to at least five percent of
the total number of votes cast for gubernatorial candidates in the most
recent election of governor. Removes authorization in present law for
candidates to appear on the ballot as the nominee of a local political
party, unless the local political party is a recognized minor party. (S:
Norris; H: McCormick)
Senate Status: Set for Senate Floor 04/28/2011.
House Status: House passed 04/25/2011.
|
SB 1043
Ketron
HB 2065
Womick
|
Candidates for U.S. President must prove residency. Requires
presidential candidates to submit, as a condition of having their names
on the state ballot, an original long form birth certificate, a sworn
statement stating that the candidate has never held dual citizenship,
and a sworn statement identifying where the candidate has lived in the
previous 14 years. Requires the original long form birth certificate to
include: date and place of birth, the names of the hospital and
attending physician, full names of both parents, the signatures of the
witnesses in attendance, and the official raised seal from the state
issuing the birth certificate. (S: Ketron; H: Womick)
House Co-Sponsors:
Casada; Maggart; Watson; Carr; Floyd; Sparks; Matheny; Forgety; Ragan;
Shipley; Williams R.; Wirgau; Powers; Holt; Hurley; White M.; Weaver;
Butt; Niceley; Rich; Campbell; Eldridge; Lollar; Alexander; Swann; Dean;
Marsh; Matlock; Brooks K.
Senate Status: Referred to Senate State & Local Government.
House Status: Failed 03/30/2011 in House General Subcommittee of State & Local Government.
|
SB 1221
Yager
HB 0998
Todd
|
Allows ethics commission or staff to provide certain info. Allows
members of the ethics commission or commission staff to provide
information on the status of a complaint to the named complainant and to
the alleged violator. (S: Yager; H: Todd)
Senate Status: Taken off notice in Senate State & Local Government 03/22/2011.
House Status: Taken off notice 03/22/2011 in House State & Local Government.
|
SB 1226
Yager
HB 1150
Todd
|
Uniform Military and Overseas Voters Act. Establishes
standardized voting procedures for military and overseas citizens.
Requires the secretary of state to develop an electronic transmission
system for overseas voters' registration applications. Such system must
be capable of accepting federal postcard applications. Requires that
overseas voter be assigned to the voting precinct of their last place of
address in TN. Specifies that application for a military-overseas
ballot is timely if received by the fifth day before the election and
that application for a primary election is effective, whether timely or
not, as an application for the general election or a runoff election.
Requires military-overseas ballots to be submitted by midnight on the
date of the election. Prohibits ballot from being rejected on the basis
that is has a late postmark, an unreadable postmark or no postmark.
Requires the secretary of state to implement an electronic free-access
system by which individuals
may check that status of their military-overseas ballot. Provides for
such voters to request e-mail delivery of ballots. Specifies that
ballots may not be invalidated for failure to satisfy nonsubstantive
requirements, such as envelope size. Prohibits notarization from being
required. (11 pp.) (S: Yager; H: Todd)
Senate Co-Sponsors: Ketron; Overbey
Senate Status: Referred to Senate State & Local Government.
House Status: Taken off notice 03/23/2011 in House General Subcommittee of State & Local Government.
|
SB 1333
Watson B.
HB 1884
McCormick
|
Petitions for recall. Reduces the amount of signatures required
on a petition for recall, referendum, or initiative from fifteen to ten
percent of the registered voters in the municipality or county or ten
percent of a respective district if the petition is filed for recall of
an office holder in a district smaller than the entire municipality.
Adds the requirement that an original petition be filed with the county
election commission on regular letter or legal sized paper, clearly
typed in the correct format, and include on the same side of each
signature page the exact questions or explanations of the petition.
Increases the time allowed for a petition to be filed from 75 to 90 days
after final certification by the county election commission and
increases the time in which a petition must be filed before the local
election can be held on the question in the petition from 60 to 90 days.
(S: Watson B.; H: McCormick)
Senate Status: Referred to Senate State & Local Government.
House Status: Referred to House State & Local Government.
|
SB 1874
Kyle
HB 1775
Miller L.
Public Chapter (PDF)
|
Ethics training for lobbyists. Permits lobbyist to attend annual
ethics course provided for members of the general assembly to meet
annual ethics training requirement. (S: Kyle; H: Miller L.)
House Co-Sponsors: Cooper B.; Richardson; Camper
Senate Status: Senate 03/21/2011 passed.
House Status: House passed 04/11/2011.
Other Status: Enacted as Public Chapter 0124 (effective 04/25/2011).
|
SB 1875
Kyle
HB 0760
Fitzhugh
|
Changes date of presidential preference primary. Moves
presidential preference primary from first Tuesday in February to first
Tuesday in May to coincide with county primary date. (S: Kyle; H:
Fitzhugh)
Senate Status: Taken off notice in Senate State & Local Government 03/15/2011.
House Status: Referred to House General Subcommittee of State & Local Government.
|
SB 1881
Kyle
HB 1517
Turner M.
|
Prohibits the governor or a legislator from creating PACs. Prohibits
the governor or any member of the general assembly from creating or
controlling a PAC. Requires any such PAC already in existence by closed
out by January 1, 2012. Excludes party or caucus PACs. (S: Kyle; H:
Turner M.)
Senate Status: Referred to Senate State & Local Government.
House Status: Referred to House General Subcommittee of State & Local Government.
|
SB 1915
Woodson
HB 1003
Casada
|
Limitations on campaign contributions. Allows corporations to
make campaign contributions, with the same limits as those placed on
PACs. Removes current $101,400 limit on what an individual may give in a
two-year election cycle in total to state and local candidates and
PACs, including party organizations. Requires that all current
contribution limits be adjusted to reflect changes in the consumer price
index, as of December 31, 2010, and requires they be further adjusted
every two years. Allows fundraising during session by a general assembly
member or the governor who is a candidate for public office other than
the one the person currently occupies and other than the state senate or
state house of representatives as long as no fundraising event is held
on state property and the candidate does not solicit or accept
contributions from lobbyists, employers of a lobbyist or lobbyist PACs.
Allows private and public state education institutions to receive funds
from campaign
accounts of deceased candidates. (S: Woodson; H: Casada)
Senate Co-Sponsor: Ramsey R.
Amendment: Senate State and Local amendment 1, House State
and Local amendment 1 deletes Sections 7, 8, and 9 and substitutes
language. Removes the prohibition against corporations making
contributions to political candidates, and designates any corporation
that makes expenditures to support or oppose any candidate for public
office or ballot measure during a calendar quarter in an aggregate
amount exceeding $250 as a political campaign committee (PAC).
Authorizes the allocation of unexpended funds remaining in the campaign
fund of a deceased candidate to any institution of public or private
education in the state. Requires that the campaign contribution limits
for persons and PACs established by present law must be adjusted to
reflect the change in the consumer price index (CPI) for the period of
January 1, 1996, through December 31, 2010. Requires contribution limits
to be adjusted on January 1, 2013, and every two years thereafter, to
reflect changes in the CPI. Requires
the Registry of Election Finance to publish each adjusted amount on its
website. Removes the limit on aggregate individual contributions.
Prohibits a PAC controlled by a member of the General Assembly from
fundraising during the legislative session.
Senate Status: Senate State & Local Government recommended 04/26/2011 with amendment. Sent to Senate Finance, Ways and Means.
House Status: House State & Local Government 04/26/2011 recommended with amendment. Sent to Calendar & Rules.
|
HB 1002
Casada
|
Increases contribution limits. Allows corporations to make
contributions to individual candidates, with the same limits as those
placed on PACs. Removes current $101,400 limit on what an individual may
give in a two-year election cycle in total to state and local
candidates and PACs, including party organizations. Increases other
contribution limits by 20 percent, to the following amounts: $3,000 for
individual contributions for statewide office, $1,200 for individual
contributions for any other state or local public office, $9,000 for PAC
contributions to state senate candidates, $6,000 for PAC contributions
for any other state or local public office, $90,000 as the maximum
amount from PACs that a candidate for any state or local public office
other than statewide elected offices. Raises the limits for
contributions made by party organizations to $300,000 for statewide
elections, to $48,000 for state senate elections, and to $24,000 for any
other state or local public office.
Ties future contribution limit changes to the consumer price index,
specifying that every two years the contribution limits be adjusted to
reflect changes in the CPI. (H: Casada)
House Status: Referred to House General Subcommittee of State & Local Government.
|
SJR 0037
Berke
|
Constitutional amendment - election of lieutenant governor. Proposes
an amendment to the state constitution to provide for popular election
of the lieutenant governor, attorney general and reporter, and secretary
of state. (S: Berke)
Senate Status: Failed in Senate Judiciary 03/15/2011.
|
SJR 0038
Bell
|
Constitutional amendment - election of attorney general. 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: Bell)
Senate Status: Referred to Senate Judiciary.
|
CEMETERY & FUNERAL SERVICES |
SB 1706
Crowe
HB 0725
Dean
|
Board of funeral directors and embalmers. Requires that one of
the seven members serving on the board of funeral directors and
embalmers be a representative of a multi-facility owner and operator of
funeral homes, cemeteries or crematories. (S: Crowe; H: Dean)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Taken off notice 03/15/2011 in House Commerce.
|
COMMERCIAL LAW |
SB 0482
Overbey
HB 1569
Swann
|
Priority of purchase-money security interests. Increases the
period of time from 30 to 60 days in which a purchase-money security
interest in goods, other than inventory or livestock, must be perfected
in order to maintain its priority over conflicting security interests in
the same goods. (S: Overbey; H: Swann)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Referred to House General Subcommittee of Commerce.
|
SB 0517
Bell
HB 0278
Dennis
|
Promulgated rules of the consumer affairs division. Deletes a
provision that allows procedural rules promulgated by the consumer
affairs division to automatically become law when it is not acted upon
by the commerce, labor and agricultural committee of the senate or
commerce committee of the house within 30 days of it being filed with
the chairs of each committee for review. (S: Bell; H: Dennis)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Caption bill held on House clerk's desk.
|
SB 0879
Tate
HB 1057
Turner J.
|
Violations of Fair Debt Collection Practices Act. Makes
violations of the federal Fair Debt Collection Practices Act also a
violation of the Consumer Protection Act of 1977. (S: Tate; H: Turner
J.)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Referred to House General Subcommittee of Consumer & Employee Affairs.
|
SB 0921
Beavers
HB 1084
Eldridge
|
Consumer Civil Litigation Funding Act. Places requirements on
contracts assigning a civil litigation funding provider the right to
receive funds from a consumer's pursued civil claim such as requiring
the contract be completely filled in, include a right of rescission,
each page be initialed by the consumer, and include a written
acknowledgement by the consumer's attorney containing several specified
statements concerning compensation and fees. Requires a contract to
include material terms conspicuously placed including all fees to be
paid, the consumer's right to cancellation, prohibitions on the funding
provider from making any decisions regarding the litigation, provisions
encouraging advice of counsel, and a clause limiting fees to not exceed
the amount of a consumer's recovery. Prohibits funding providers from
engaging in specific conduct such as false or misleading advertisement,
refer clients to attorneys or medical providers, attempt to contract for
waivers of the right
to trial or damages, and pay or accept referral fees or commissions from
medical providers or attorneys. Declares violations of the above
requirements constitute a deceptive act or practice and are punishable
by civil penalty up to $10,000 per violation. (S: Beavers; H: Eldridge)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Referred to House General Subcommittee of Consumer & Employee Affairs.
|
SB 1170
Berke
HB 1863
Pitts
|
LLCs - fees associated with articles of organization. Removes
initial annual fee requirements charged to form or organize a new or
foreign LLC in the state including fees charged for the filing of
applications of registration, articles of organization, operating
agreements or any other documents filed with the secretary of state. (S:
Berke; H: Pitts)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Referred to House General Subcommittee of Commerce.
|
SB 1302
Johnson J.
HB 1145
Casada
|
Fraudulent act in connection with sale of any security. Increases
the civil penalty for a fraudulent act or practice in connection with
the offer, sale or purchase of any security from $5,000 to $6,000. (S:
Johnson J.; H: Casada)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Referred to House General Subcommittee of Commerce.
|
SB 1310
Johnson J.
HB 1825
Lundberg
|
Requirements for business organizations. Removes the allowance of
documents submitted by corporations, limited liability companies,
partnerships, and limited liability partnerships to be filed on legal
size paper. Adds the requirement of including a contact number or email
address and the number of members at the date of filing applicable
documents to be included in various documents submitted by corporations,
limited liability corporations, partnerships, limited liability
partnerships such as applications for certificates of authority,
articles of organization, charters, annual reports and similar
documents. Requires limited liability companies to include their federal
employer identification number in the annual report for the secretary
of state without exception. Grants the secretary of state the power to
promulgate rules establishing procedures for the filing of required
partnership and limited liability partnership documents. Renders the
registration of a limited liability
partnership ineffective when payment of the registration fee by check or
similar instrument is dishonored upon presentment. Mandates the use of
specified partnership forms and their submission to the secretary of
state. (S: Johnson J.; H: Lundberg)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Referred to House General Subcommittee of Commerce.
|
SB 1312
Johnson J.
HB 1826
Lundberg
Public Chapter (PDF)
|
Clarifies references to business organizations. This bill
clarifies that the following applications under the Tennessee Limited
Liability Company Act and the Tennessee Revised Limited Liability
Company Act, as applicable, must be "accompanied by a confirmation of
good standing" instead of "contain a confirmation of good standing": an
application for reinstatement from an administratively-dissolved LLC;
and an application for reinstatement from a foreign LLC whose
certificate of authority was administratively revoked. This bill also
corrects references from "certificate of cancellation of authority" to
"certificate of cancellation of certificate of authority" and corrects
internal cross-references in the Acts. (S: Johnson J.; H: Lundberg)
Amendment: Senate amendment 1 revises various provisions of
present law regarding business organization documents that are filed
with the secretary of state. Under present law, documents relating to
for-profit corporations, limited liability companies, and limited
partnerships may be filed with the secretary of state printed on either
letter or legal size paper. This amendment revises this provision to
require that such documents be printed only on letter size paper, and
not on legal size paper. Present law authorizes the secretary of state
to establish procedures for the filing of documents relating to
for-profit corporations with the secretary of state by means of
facsimile transmission. This amendment additionally authorizes the
secretary to establish procedures for the filing of documents with the
secretary of state by any other electronic means. Under present law,
subject to any qualification stated in the certificate, a certificate of
existence or authorization issued
by the secretary of state for a for-profit or not-for-profit corporation
is effective as of the date on the certificate and may be relied upon
as conclusive evidence that the domestic corporation is in existence or
that the foreign corporation is authorized to transact business in this
state and is in good standing. This amendment clarifies that such a
certificate may be relied upon as conclusive evidence that "the domestic
or foreign corporation is in existence or is authorized to transact
business in this state and is in good standing" instead of that "the
domestic corporation is in existence or that the foreign corporation is
authorized to transact business in this state and is in good standing".
Senate Status: Senate 03/28/2011 passed with amendment 1.
House Status: House passed 04/04/2011.
Other Status: Enacted as Public Chapter 0099 (effective 04/21/2011).
|
SB 1413
Norris
HB 1603
Maggart
|
LLPs - list partnerships interests in partnership agreement. Requires
a partnership agreement to contain a statement of all partnership
interests in a Limited Liability Partnership. (S: Norris; H: Maggart)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Referred to House General Subcommittee of Commerce.
|
SB 1712
Beavers
HB 1945
Elam
|
Goods manufactured in Tennessee. Declares produced or
manufactured goods, whether commercial or private, that are made in and
stay in Tennessee are not subject to the commerce clause of the federal
constitution, if certain words are printed on the label. (S: Beavers; H:
Elam)
Senate Status: Senate Commerce, Labor & Agriculture deferred to 04/26/2011.
House Status: Failed 04/13/2011 in House General Subcommittee of Commerce.
|
SB 1793
Johnson J.
HB 1561
Marsh
|
Awarding of additional exemplary or punitive damages. Prohibits
the court from awarding exemplary or punitive damages for an unfair or
deceptive practice that is a willful or knowing violation of consumer
protection law if the court has already awarded three times the actual
damages sustained. (S: Johnson J.; H: Marsh)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Taken off notice 03/09/2011 in House General Subcommittee of Judiciary.
|
SB 1815
Johnson J.
HB 1437
Maggart
|
Claim against dissolved limited partnership. Increases the time
given a claimant to commence a proceeding against a dissolved limited
partnership that has rejected the claim through written notice from
three to four months before the claim against the partnership is barred.
(S: Johnson J.; H: Maggart)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Referred to House General Subcommittee of Commerce.
|
SB 1820
Johnson J.
HB 1407
White M.
|
Termination of storage at warehouse's option. Allows a warehouse
to require payment from a person whose unfixed storage period has
expired at least 45 days, instead of 30 days, after sending proper
notice to the person. (S: Johnson J.; H: White M.)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Referred to House General Subcommittee of Commerce.
|
SB 1989
Stewart E.
HB 1526
Turner M.
|
Internet-based ticket prices. Creates as an additional unfair or
deceptive act or practice the representation, during an internet-based
ticket sale, that a ticket price has increased to a price higher than
the price advertised after the seller informs the buyer the transaction
is complete and accepts electronic payment. (S: Stewart E.; H: Turner
M.)
Senate Status: Senate Commerce, Labor & Agriculture deferred to 04/12/2011.
House Status: Referred to House General Subcommittee of Commerce.
|
SB 2031
Ford O.
HB 1964
Turner J.
|
Charging of late fees in consumer contracts. Specifies that a
consumer contract that requires the payment of a late fee shall disclose
in its terms of notice the amount of the late fee, the conditions under
which the late fee is imposed and the timing for the imposition of the
late fee. Specifies that the amount of the late fee may be up to $5.00
per month or up to ten percent per month, whichever is greater.
Prohibits more than three monthly late fees from being imposed for any
single payment amount that is past due, regardless of the period during
which the payment remains past due. Specifies other requirements for
imposing late fees in a consumer contract involving the sale or lease of
goods and services used for personal, family or household purposes. (S:
Ford O.; H: Turner J.)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: House General Subcommittee of Consumer & Employee Affairs deferred to 2012.
|
CRIMINAL LAW |
SB 0051
Campfield
HB 2014
Holt
|
College faculty allowed to carry weapons on campus. Authorizes
full-time faculty and staff at public post-secondary institutions to
carry handguns on the premises of such institutions upon receipt of a
directive from the head of the institution and upon completing an annual
firearms training program. (S: Campfield; H: Holt)
House Co-Sponsors: Rich; Powers; Butt; Faison; Evans
Senate Status: Referred to Senate Judiciary.
House Status: Withdrawn 04/07/2011 in House.
|
SB 0053
Campfield
|
Handgun carry permits. Allows any person who is a U.S. citizen or
a permanent lawful resident and who owns real property in Tennessee,
rather than TN residents who are citizens or permanent lawful residents,
to apply to obtain a handgun carry permit from the department of
safety. Retains current law exceptions. (S: Campfield)
Senate Status: Taken off notice in Senate Judiciary 02/22/2011.
|
SB 0137
Ketron
HB 0142
Shipley
|
Creates offense of concealing or harboring illegal alien. Creates
offense for a person to conceal, harbor, or shield from detection an
illegal alien if such person knows or reasonably should know that the
other person is an illegal alien. Specifies that a violation is a Class E
felony. Increases the penalty for violations that result in death or
serious bodily injury. Specifies that each illegal alien involved in a
violation is a separate offense and any property or proceeds acquired or
instrumentality used during the violation is subject to judicial
forfeiture. Also specifies that persons convicted of attempt,
conspiracy, solicitation, facilitation, or accessory after the fact will
be subject to the same punishments as if they were the principal of the
crime. Broadly captioned. (S: Ketron; H: Shipley)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House General Subcommittee of Judiciary.
|
SB 0256
Ramsey R.
HB 1098
Harwell
|
Background checks for persons appointed by the speakers. Requires
the TBI to conduct background investigations for persons appointed by
the speaker of the senate or the speaker of the house. (S: Ramsey R.; H:
Harwell)
Senate Co-Sponsor: Bell
House Co-Sponsor: McCormick
Senate Status: Senate 03/31/2011 passed.
House Status: House State & Local Government 04/26/2011 recommended. Sent to House Calendar & Rules.
|
SB 0257
Ramsey R.
HB 1822
Lundberg
|
Felons to offer biological specimen for DNA analysis. Requires
all persons arrested on or after January 1, 2012, for the commission of
any felony to have a biological specimen taken for the purpose of DNA
analysis. Requires the bureau to destroy the sample and all records of
the sample if the charge for which the sample was taken is dismissed or
the defendant is acquitted at trial. (S: Ramsey R.; H: Lundberg)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House General Subcommittee of Judiciary.
|
SB 0260
Ramsey R.
HB 1823
Lundberg
|
TBI to develop procedures for DNA familial searches. Requires TBI
to develop uniform procedures and a state policy for conducting
familial DNA searches by January 1, 2012. (S: Ramsey R.; H: Lundberg)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House General Subcommittee of Judiciary.
|
SB 0306
Southerland
HB 0520
Hawk
|
Exempts handgun permit holders from background check. Exempts
handgun carry permit holders from criminal background check requirement
when purchasing a firearm if the permit was issued or renewed no more
than five years prior to the date of the transaction. (S: Southerland;
H: Hawk)
Senate Status: Senate Judiciary recommended 02/22/2011. Sent to Senate Finance, Ways & Means.
House Status: Referred to House General Subcommittee of Judiciary.
|
SB 0312
Kelsey
HB 0155
Ramsey B.
|
Castle doctrine protects persons from criminal liability. Broadens
the castle doctrine to protect persons using force from criminal
liability, in addition to the existing protection from civil liability.
Requires the commissioner to conduct a study on the state's insurance
laws and policies that may be deterring insurance companies from
providing coverage for persons who justifiably used force to protect
themselves or their property. (S: Kelsey; H: Ramsey B.)
Amendment: House amendment 1 deletes the section of the
original bill that creates immunity from criminal liability for the use
of justifiable force to protect self or property. Requires the
Commissioner of Commerce and Insurance to conduct a study on Tennessee
insurance laws and policies to identify deterrents for insurance
companies to underwrite policies for individuals who have previously
used justifiable force. Requires the Commissioner to report study
results to the General Assembly and Governor by March 1, 2012.
Senate Status: Set for Senate Judiciary Committee 04/27/2011.
House Status: House 04/04/2011 passed with amendment 1.
|
SB 0314
Marrero
HB 0188
Richardson
|
Sentence enhancements when gender identity motivates crime. Includes
"gender identity or expression", rather than gender alone, on the list
of motivations behind committing a crime that may be considered for
sentence enhancement. (S: Marrero; H: Richardson)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House General Subcommittee of Judiciary.
|
SB 0332
Burks
HB 0699
Windle
|
Pseudoephedrine as controlled substance and by prescription. Adds
medicines containing any amount of ephedrine or pseudoephedrine a
Schedule III controlled substance. Requires medicines with
methamphetamine precursors that are in the form that can be manufactured
into methamphetamine to be dispensed only by a pharmacist after
presenting a prescription. Requires the board of pharmacy to determine
which medicines are in forms that can be used in the manufacture of
methamphetamine. Creates a Class A misdemeanor, punishable by fine only,
for violating any part of this section. (S: Burks; H: Windle)
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice 04/12/2011 in House General Subcommittee of Health & Human Resources.
|
SB 0350
Beavers
HB 1638
Dennis
|
Recordings in court proceedings in lieu of reporter. Provides
that a defendant in a criminal case has the right to have a person act
as court reporter and make a verbatim recording of all proceedings in
open court. (S: Beavers; H: Dennis)
Senate Co-Sponsors: Berke; Marrero; Barnes; Ford O.; Herron
Amendment: Senate amendment 1 deletes the language "a person
act as court reporter and" in the amendatory language of the bill and
makes more specific reference to licensed court reporters pursuant to
the Tennessee Court Reporting Act of 2009. Senate amendment 2 deletes
the language "criminal case" and substitutes the language "criminal case
as defined by TCA 40-14-301(3)", which means the trial of any criminal
offense which is punishable by confinement in the state penitentiary and
any proceeding for the writ of habeas corpus wherein the unlawful
confinement is alleged to be in a state, county or municipal
institution.
Senate Status: Senate 03/28/2011 passed with amendments 1 and 2.
House Status: House passed 04/27/2011.
Other Status: Sent 04/27/2011 to the speakers for signatures.
|
SB 0371
Bell
HB 0870
Rich
|
Includes gang activity as factor for death penalty. Includes
murder as the result of gang activity as an aggravating factor for
purposes of death penalty sentencing. (S: Bell; H: Rich)
Senate Status: Referred to Senate Judiciary.
House Status: House Judiciary 04/26/2011 recommended. Sent to House Finance, Ways & Means.
|
SB 0389
Kelsey
HB 0948
Lollar
|
Class E felony for drawing a fraudulent deed. Creates the Class E
felony of drawing a deed without actual ownership. Establishes that
failure to file a correction deed or repudiate the prior fraudulent deed
within seven days after notice will be deemed sufficient knowledge and
intent to defraud. (S: Kelsey; H: Lollar)
Senate Status: Set for Senate Judiciary Committee 04/27/2011.
House Status: House General Subcommittee of Finance deferred to 05/04/2011.
|
SB 0402
Campfield
HB 1280
Matheny
|
Weapons seized as contraband to be sold in a public sale. Requires
that all weapons seized as contraband that are not used in law
enforcement be sold in a public sale. (S: Campfield; H: Matheny)
Senate Status: Set for Senate Judiciary Committee 04/27/2011.
House Status: Taken off notice 04/12/2011 in House General Subcommittee of Judiciary.
|
SB 0403
Gresham
HB 0860
Rich
|
Proper venue for methamphetamine manufacturing prosecution. Grants
venue for prosecution of persons charged with promotion of
methamphetamine manufacturing through the purchase of methamphetamine or
products used to produce methamphetamine to any county in which an item
was purchased if violations occurred in more than one county. (S:
Gresham; H: Rich)
Senate Status: Referred to Senate Judiciary.
House Status: House passed 04/21/2011.
|
SB 0404
Gresham
HB 0862
Rich
|
Endangering a child by the manufacture of methamphetamine. Creates
the Class C felony offense of endangering a child, aged 13 or younger,
by knowingly manufacturing methamphetamine in or within 200 feet of a
residence where a child resides. (S: Gresham; H: Rich)
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice 04/05/2011 in House General Subcommittee of Health & Human Resources.
|
SB 0476
Woodson
HB 0375
Haynes R.
|
Strangulation added to definition of aggravated assault. Adds
attempting or intending to cause bodily injury by strangulation to the
definition of aggravated assault. (S: Woodson; H: Haynes R.)
Senate Status: Set for Senate Judiciary Committee 04/27/2011.
House Status: House General Subcommittee of Finance 04/20/2011 set behind budget.
|
SB 0480
Beavers
HB 0140
Shipley
|
Ignition interlock and restricted license requirements. Deletes,
amends, and reorganizes the current code language to clarify the
ignition interlock and restricted license requirements and limitations
for specific DUI offenders. (S: Beavers; H: Shipley)
Senate Status: Set for Senate Judiciary Committee 04/27/2011.
House Status: House Judiciary 04/12/2011 recommended. Sent to House Calendar & Rules.
|
SB 0504
Tracy
HB 0529
Sparks
|
Additional Schedule I controlled substances. Adds six stimulants
that are compounds of methcathinone to the list of Schedule I controlled
substances, including methylone, MDPV, mephedrone, methedrone,
flephedrone, and 3-FMC. (S: Tracy; H: Sparks)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House General Subcommittee of Health & Human Resources.
|
SB 0511
Faulk
HB 0572
Dennis
|
Uniform Electronic Recordation of Custodial Interrogations. Creates
the Uniform Electronic Recordation of Custodial Interrogations act
requiring all custodial interrogations be recorded without the persons
consent or knowledge if they relate to a felony, or a crime resulting in
either mental, physical, or pecuniary injury to a person. Exempts
specified circumstances from being recorded such as refusal of the
person being interrogated to answer questions, revealing confidential
informants, jeopardizing the safety of an officer, exigent circumstances
and equipment failure. Requires exceptions be proven by a preponderance
of the evidence or statements admitted in court may be questioned for
their reliability or ruled inadmissible. Provides for cataloging
requirements and directs the Tennessee peace officer standards and
training commission to adopt rules to implement the act and address
specific issues. Orders the adoption of rules by law enforcement
agencies to ensure compliance
and therefore protect them from civil liability for violations. Broadly
captioned. (S: Faulk; H: Dennis)
Amendment: House Judiciary Subcommittee amendment 1 allows
police departments to opt out of the bill when no recording equipment is
available.
Senate Status: Set for Senate Judiciary Committee 04/27/2011.
House Status: Failed 04/27/2011 in House General Subcommittee of Judiciary after adopting amendment 1.
|
SB 0557
McNally
HB 0396
Hurley
|
Notification regarding executive clemency. Enacts the "Victims of
Crime Executive Clemency Notification Act." Requires the governor to
notify the attorney general and district attorney general of the
judicial district in which the conviction occurred of the impending
clemency action at least 10 days prior to such pardon. Requires the
district attorney general to notify the victim or victims of the
clemency prior to the action being made public. Requires notice to be
mailed to the victim's last known address and is the responsibility of
the victim to provide the district attorney general's office with a
current mailing address. (S: McNally; H: Hurley)
House Co-Sponsor: Watson E.
Senate Status: Referred to Senate Judiciary.
House Status: House passed 04/25/2011.
|
SB 0559
McNally
HB 0401
Watson E.
|
Exclusionary Rule Reform Act. Enacts the "Exclusionary Rule
Reform Act." Provides that evidence that is seized as a result of
executing a search warrant that is otherwise admissible in a criminal
proceeding and not in violation of the constitutions of the United
States or the State of Tennessee shall not be suppressed as a result of
any good faith mistake or technical violation made by a law enforcement
officer, court official, or the issuing magistrate. (S: McNally; H:
Watson E.)
House Co-Sponsors: Rich; Coley; Turner M.; Brooks, Harry; Haynes R.; Bass; Lundberg; Elam; Hurley; Womick; Gotto; Matheny
Amendment: Senate Judiciary amendment 1, House Judiciary
amendment 1 rewrites the bill. Defines "good faith mistake or technical
violation" to be any of the following: an unintentional clerical error
or omission made by an officer, court official, or issuing magistrate in
the preparation or issuance of a search warrant; an occurrence when an
officer executes the search warrant, but the executing officer is not
the one whom the warrant was delivered to; or a reasonable reliance on a
statute or controlling court precedent that is subsequently ruled
unconstitutional after the issuance of a search warrant, unless the
court determines otherwise. Allows evidence to be submitted to the court
if the evidence was not seized in violation of the federal or state
constitutions and the court finds that such evidence was seized due to a
good faith mistake or technical violation made by a law enforcement
officer, court official, or the issuing magistrate. Prohibits civil
actions
concerning unreasonable search and seizures if the entity seized the
evidence as a result of a good faith mistake or technical violation.
Senate Judiciary amendment 2 makes a technical correction by adding the
word "clerical" in front of the word "omission".
Senate Status: Senate Judiciary recommended with amendment 2 and previously adopted amendent 1 04/27/2011. Sent to Senate Calendar Committee.
House Status: Set for House Calendar & Rules Committee 04/28/2011.
|
SB 0562
Berke
HB 1706
Stewart M.
|
Assessment of fines by jury or court. Allows court or jury to
consider the defendant's personal income and ability to pay when
determining the amount of criminal fine to assess. (S: Berke; H: Stewart
M.)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House General Subcommittee of Judiciary.
|
SB 0606
Marrero
HB 0168
Coley
|
Increases punishment for domestic assault. Increases punishment
for fourth or subsequent domestic assault or criminal violation of order
of protection from Class A misdemeanor to Class E felony. (S: Marrero;
H: Coley)
House Co-Sponsors: McManus; Richardson
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice 04/20/2011 in House General Subcommittee of Judiciary.
|
SB 0695
Faulk
HB 1034
Watson E.
|
Elimination of post-conviction defender relief. Eliminates post-conviction defender relief at the state level. (S: Faulk; H: Watson E.)
Senate Status: Referred to Senate Judiciary.
House Status: Caption bill held on House clerk's desk.
|
SB 0737
Tate
HB 1043
Gilmore
|
Enlistment in active military duty as a pretrial diversion. Allows
defendants aged 21 years old and eligible for military service to
enlist in active duty service in a branch of United States Armed Forces
as a possible condition of pretrial diversion. (S: Tate; H: Gilmore)
Senate Status: Referred to Senate Judiciary.
House Status: House General Subcommittee of Judiciary deferred to 2012.
|
SB 0770
Ketron
HB 1578
Carr
|
Lawful Immigration Enforcement Act. Prohibits the state and local
governments, in addition to officials, from interfering with the
enforcement of federal immigration laws, including the sending of
certain information related to immigration status and whether an alien
is in compliance with federal immigration laws. Allows certain voting
persons to file complaints concerning interference with such
enforcement. Creates the lawful immigration enforcement fund.
Establishes new training requirements for police officers. Requires law
enforcement officers to request verification of immigration status from
individuals reasonably suspected to be illegally present in the country.
Allows such individual to present certain identification to be presumed
lawfully present in the country. Allows such law enforcement officers
to transport the individual if the agency has verified that the person
is unlawfully present in the country. Broadly captioned. (Identical to
HB 1380 except for punctuation
and change in order of Sections 13 and 15). (S: Ketron; H: Carr)
Senate Co-Sponsor: Southerland
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House General Subcommittee of State & Local Government.
|
SB 0780
Ketron
HB 1380
Carr
|
Lawful Immigration Enforcement Act. Prohibits the state and local
governments, in addition to officials, from interfering with the
enforcement of federal immigration laws, including the sending of
certain information related to immigration status and whether an alien
is in compliance with federal immigration laws. Allows certain voting
persons to file complaints concerning interference with such
enforcement. Creates the lawful immigration enforcement fund.
Establishes new training requirements for police officers. Requires law
enforcement officers to request verification of immigration status from
individuals reasonably suspected to be illegally present in the country.
Allows such individual to present certain identification to be presumed
lawfully present in the country. Allows such law enforcement officers
to transport the individual if the agency has verified that the person
is unlawfully present in the country. Broadly captioned. (S: Ketron; H:
Carr)
House
Co-Sponsors: Maggart; Matheny; Shipley; White M.; Watson E.; Sexton;
Casada; Miller D.; Floyd; Lollar; Weaver; Womick; Campbell S.; Sparks;
Pody; Rich; Hensley; Hill; Hurley; Wirgau; Ragan; Keisling; Gotto; Hall;
Butt; Coley; Todd; Faison; Williams R.; Forgety; Ford D.; Holt;
Eldridge; Brooks, Harry; Swann; Cobb J.; Dean; McManus; Hawk; Evans;
Powers; Sanderson; Matlock; Halford; Harrison; Elam; Alexander; Brooks,
Kevin; Dennis; Williams K.
Amendment: House State and Local amendment 1 deletes the
language "no less than" in reference to the 90 days that a local
government entity, official, or the state shall have to comply with a
court order regarding violations of the Lawful Immigration Enforcement
Act.
Senate Status: Senate Judiciary deferred to last calendar.
House Status: House General Subcommittee of Finance deferred to 05/11/2011.
|
SB 0785
Ketron
HB 0910
Lundberg
|
The Animal Fighting Enforcement Act. Increases the crime
classification for the facilitation of cock fighting, training animals
to fight, or allowing such activities on owned property from a class A
misdemeanor to a class E felony. Increases the crime classification for
spectators present at a location preparing for animal fighting with the
intent to be present at the fight from a class B misdemeanor to a class A
misdemeanor. (S: Ketron; H: Lundberg)
Amendment: Senate Judiciary amendment 1 rewrites the bill.
Imposes a fine of 2,500 dollars for the Class A misdemeanor of cock
fighting. Increases, from a Class A misdemeanor to a Class E felony, the
penalty for a second or subsequent conviction of cock fighting.
Increases, from a Class C misdemeanor to a Class A misdemeanor, the
penalty for being a spectator at an animal fight, and imposes a 2,500
dollar fine for such violation. Deletes the existing statutory language
that it is not an offense to own, possess or keep cocks, or aid or abet
the ownership, possession or keeping of cocks, for the sole purpose of
selling or transporting cocks to a location in which possession or
keeping of cocks is legal.
Senate Status: Senate Judiciary recommended with amendment 1 03/29/2011. Sent to Senate Calendar Committee.
House Status: Failed 04/13/2011 in House Agriculture Subcommittee.
|
SB 0802
Overbey
HB 0962
Coley
|
Duplicate copy of capias allowed. Requires that in the event
obtaining a certified copy of the undertaking or capias from the clerk's
office a the time of the arrest or surrender is not possible, then a
duplicate copy must suffice until a certified copy can be obtained. (S:
Overbey; H: Coley)
Senate Status: Set for Senate Judiciary Committee 04/27/2011.
House Status: House passed 03/07/2011.
|
SB 0827
Ramsey R.
HB 1723
Dennis
|
Creates post-conviction defender oversight commission. Sunsets
the current post-conviction defender commission. Creates a new
post-conviction defender oversight commission. Specifies the
commission's duties to include overseeing budget, staffing, and caseload
concerns. Specifies the commission to include nine members. Specifies
that the commissioners need not be attorneys. Specifies each term of
office is four years. (S: Ramsey R.; H: Dennis)
Senate Co-Sponsor: Watson B.
Amendment: SENATE AMENDMENT 1 specifies the intent of the
general assembly in creating the post-conviction defender oversight
commission. Requires the appointing authorities for the commission to
strive to ensure that the membership of the commission appropriately
reflects the racial and geographic diversity of the state. SENATE
AMENDMENT 2 specifies the creation date as July 1, 2011. Removes
legislative intent language but keeps substantive provisions. SENATE
AMENDMENT 3 keeps substantive provisions but removes legislative intent
language. SENATE AMENDMENT 4 deletes Section 10 of the bill, which
removed the post-conviction defender's duty to provide certain
consulting services to attorneys representing defendants in capital
cases. SENATE AMENDMENT 6 allows commission members to not be attorneys.
Specifies that any attorneys chosen for the commission to not be a
current district attorney general, assistant district attorney general,
public defender, assistant public
defender, or a sitting judge. HOUSE JUDICIARY AMENDMENT 1 rolls Senate
amendments 1, 2, 3, 4, and 6 into one House amendment. Replaces a code
section stating the legislative intent to create the post-conviction
defender commission to instead create the post-conviction defender
oversight commission effective July 1, 2011. Creates the office of
post-conviction defender to provide indigent defendants convicted and
sentenced to death with counsel to challenge such conviction and
sentence. Requires the post-conviction oversight commission to be
strictly administrative in nature and oversee budget, staffing, and
caseload concerns. Adds language requiring the appointment of members to
the commission to strive to ensure membership reflects the racial and
geographic diversity of the state. Prohibits, instead of permits, the
appointment of members who are currently employed as a district attorney
general, assistant district attorney general, public defender,
assistant public defender, or sitting
judge. Deletes a provision removing the duty of the post-conviction
defender to provide consulting services to all attorneys representing
defendants in capital cases on a non-case-specific basis.b HOUSE
GOVERNMENT OPERATIONS AMENDMENT 1 adds a 2-year sunrise provision.
Senate Status: Senate 04/04/2011 passed with amendments 1, 2, 3, 4, and 6.
House Status: House Government Operations 04/27/2011 recommended
with amendment 1, which adds a 2-year sunrise provision. Sent to House
Calendar & Rules.
|
SB 0857
Barnes
HB 0982
Pitts
|
Release on bond prohibited for escapee. Specifies that a person
who has been convicted of a felony and has escaped from confinement,
broken the terms of the person's bail, court-ordered probation, or has
escaped from or broken the terms of a sentence to any community based
alternative to incarceration is presumed to be a substantial risk of
willfully failing to appear. Also specifies that such person shall
require a substantial bail and shall not be eligible for a release on
recognizance or unsecured bond. (S: Barnes; H: Pitts)
Senate Status: Set for Senate Judiciary Committee 04/27/2011.
House Status: Referred to House General Subcommittee of Judiciary.
|
SB 0861
Barnes
HB 0703
Gotto
Public Chapter (PDF)
|
Revoking of defendant's bond during and before trial. Prohibits a
defendant from being released on bond during the defendant's trial.
Allows the court to revoke a defendant's bond before trial if the
defendant violates a condition of release, is charged with an offense,
or engages in conduct that obstructs the progress of the trial or other
proceedings. (S: Barnes; H: Gotto)
Amendment: Senate amendment 2 clarifies that under this bill
a defendant released before trial will continue on release during the
trial or release pending trial under the same terms and conditions as
were previously imposed, unless the court determines that other terms
and conditions or termination of release are necessary to assure the
defendant's presence during trial, or to assure that the defendant's
conduct will not obstruct the orderly and expeditious progress of the
trial. This amendment adds authorization to this bill for a court to
order a defendant held without release during existing trail, if, after
the defendant is released upon personal recognizance, an unsecured
personal appearance bond, or any other bond approved by the court, the
defendant violates a condition of release, is charged with an offense
committed during the defendant's release, or engages in conduct which
results in the obstruction of the orderly and expeditious progress of
the trial or other
proceedings.
Senate Status: Senate 03/21/2011 passed with amendment 2.
House Status: House passed 03/28/2011.
Other Status: Enacted as Public Chapter 0057 (effective 01/01/2012).
|
SB 0907
Overbey
HB 0167
Coley
|
Addition to the definition of first degree murder. Adds the
killing of another while committing domestic abuse against victim where
defendant has pattern of domestic abuse against victim or another family
member to the definition of first degree murder. (S: Overbey; H: Coley)
House Co-Sponsor: McManus
Senate Status: Referred to Senate Judiciary.
House Status: House General Subcommittee of Judiciary deferred to 2012.
|
SB 0908
Overbey
HB 0169
Coley
|
Killing of victim who has an order of protection. Elevates to
first degree murder under felony murder provision of first degree murder
statute the killing of another while committing aggravated assault
against a victim who has an order of protection or restraining order
against the defendant. (S: Overbey; H: Coley)
House Co-Sponsor: McManus
Senate Status: Referred to Senate Judiciary.
House Status: House General Subcommittee of Judiciary deferred to 2012.
|
SB 0920
Beavers
HB 1178
Watson E.
|
Criminal Injuries Compensation Act - victims' rights. Clarifies
the definition of "relative" in regards to persons eligible for
compensation for unreimbursable funeral or burial expenses of a victim.
(S: Beavers; H: Watson E.)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House General Subcommittee of Judiciary.
|
SB 0955
Beavers
HB 1414
White M.
|
Bad check restitution program. Decreases from 15 days to ten days
the time period after receiving district attorney's letter in regard to
a bad check that the alleged violator has to pay the bad check prior to
possible commencement of criminal action. (S: Beavers; H: White M.)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House General Subcommittee of Judiciary.
|
SB 0957
Beavers
HB 1416
White M.
|
Fee for physician summoned as a coroner's witness. Increases fee
for surgeon or physician summoned as a coroner's witness from an amount
not to exceed $25.00 to an amount not to exceed $30.00. Amends TCA Title
38. (S: Beavers; H: White M.)
Senate Status: Referred to Senate General Welfare.
House Status: Referred to House General Subcommittee of Health & Human Resources.
|
SB 0982
McNally
HB 1247
Matlock
|
Offenses committed while in public office. Prohibits any person
convicted of a felony under state or federal law involving moral
turpitude after July 1, 1986, but before July 1, 1996, while in public
office who, on the effective date of this act, has not had the person's
citizenship rights restored, from qualifying for or holding any office
under the laws or constitution of this state. (S: McNally; H: Matlock)
Senate Status: Referred to Senate State & Local Government.
House Status: Referred to House General Subcommittee of State & Local Government.
|
SB 0990
McNally
HB 1180
Watson E.
Public Chapter (PDF)
|
Clarification of TBI court costs. Clarifies that certain court
costs for TBI are imposed upon the forfeiture of any cash bond or other
surety entered as a result of a municipal traffic citation. (S: McNally;
H: Watson E.)
Senate Status: Senate 03/14/2011 passed.
House Status: House passed 03/24/2011.
Other Status: Enacted as Public Chapter 0049 (effective 07/01/2011).
|
SB 1002
McNally
HB 1035
Watson E.
|
Good faith exception to the exclusionary rule. Creates a good
faith exception to the exclusionary rule, which applies to unintentional
document errors or a reasonable reliance on incorrect law. (S: McNally;
H: Watson E.)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House General Subcommittee of Judiciary.
|
SB 1011
Kelsey
HB 0693
Haynes R.
|
Attorney abuse of prosecutorial discretion. Limits the reason for
which a prosecutor may be found to have abused prosecutorial discretion
in failing to grant pretrial diversion. Creates a prosecutorial right
to an interlocutory appeal for a judicial finding of abuse of
prosecutorial discretion. Specifies that the prosecuting attorney
decides whether to grant diversion. (S: Kelsey; H: Haynes R.)
Senate Status: Referred to Senate Judiciary.
House Status: House Judiciary 04/26/2011 recommended with amendment 1. Sent to House Calendar & Rules.
|
SB 1028
Ketron
HB 1353
Matheny
|
Material Support to Designated Entities Act of 2011. Creates a
system where organizations are designated as sharia organizations, if
they adhere to sharia, engage in terrorism or possess intent to commit
terrorism and have the capability to commit terrorism, and the act of
terrorism itself threatens the state. Requires the attorney general to
designate such organization and publish the designation in the
newspaper. Allows the attorney general to freeze the organization's
assets if they are possessed by financial institutions doing business in
this state. Allows the organization to petition the attorney general to
have its name removed and then appeal to the state court of appeals.
Allows the attorney general to revoke the organization's status as a
sharia organization. Creates a Class B felony for knowingly providing
material support to a sharia organization. Elevates such crime to a
Class A felony, if the death of any person occurs. Defines knowingly as
knowing that the
organization is a sharia organization or knowing that such organization
has engaged or engaged in an act of terrorism, as defined by state or
federal law. Penalizes financial institutions to report to the attorney
general after knowing that they possess funds of a designated sharia
organization. (20 pp.) (S: Ketron; H: Matheny)
Senate Co-Sponsors: Beavers; Gresham; Johnson J.; Tracy
House Co-Sponsors:
Todd; Womick; Dean; Shipley; Dennis; Faison; Rich; White M.; Gotto;
Holt; Hurley; Weaver; Powers; Wirgau; Hawk; Alexander; Sargent; Butt;
McDaniel; Eldridge; Sanderson
Amendment: House Judiciary amendment 1 rewrites the bill.
Adopts the federal definition of terrorism, terrorist activity, and
engaging in terrorist activity and defines domestic terrorist to include
individuals and groups of two or more. States the bill neither targets,
nor incidentally prohibits or inhibits the peaceful practice of any
religion and specifies its intent to protect against acts of terrorism
in the most focused and least intrusive way. Authorizes the Governor and
Attorney General, following investigation and recommendation by the
commissioner of safety and the director of the Tennessee Office of
Homeland Security, to jointly designate an entity as a domestic
terrorist if the entity engages in or retains the capability and intent
to engage in terrorist activity or an act of terrorism and such act
threatens a persons security and safety. Recognizes federally designated
foreign terrorist organizations. Provides procedures regarding service
of process and
publication of a terrorist designation. Provides procedures for the
challenge, revocation, and judicial review of designations. Allows the
freezing of assets held by designated entities. Specifically defines
material support and resources. Criminalizes the knowing provision of
material support or resources to a known designated foreign or domestic
terrorist entity or the attempt or conspiracy to provide such support.
Requires financial institutions to report to the Governor and Attorney
General awareness of funds held by the institution or within their
control in which a terrorist entity has an interest and permits the
Governor and Attorney General to establish reporting procedures. Allows
the filing of civil suits against designated entities by any individual
whose person, property, or business is injured due to a terrorist act.
Prohibits the exemption of any person or entity from designation,
prosecution, or civil liability based on a doctrine that may include a
religious
justification for violence or criminal activity.
Senate Status: Senate Judiciary recommended 04/26/2011 with amendment 1 and 2. Sent to Senate Finance, Ways & Means.
House Status: House Judiciary 04/26/2011 recommended with amendment. Sent to House Finance, Ways & Means.
|
SB 1053
Barnes
HB 0355
McDonald
|
Employee can store firearm in locked vehicle on property. Prevents
an employer from prohibiting an employee that possesses a valid handgun
carry permit from transporting and storing a firearm out of sight in a
locked vehicle on any property set aside for employee parking. Also
prohibits employer from terminating, demoting, suspending, threatening
or denying promotion to such employee. (S: Barnes; H: McDonald)
House Co-Sponsor: Bass
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House General Subcommittee of Judiciary.
|
SB 1058
Marrero
HB 1059
Turner J.
|
Moratorium on death penalty. Directs the judiciary committees of
the house and senate to study defendants' access to justice and other
implications of death penalty trials in the state of Tennessee. Requires
the committees to report their findings and recommendations to the
governor and the general assembly on or before January 15, 2012. Places a
moratorium on executions from the effective date of this bill through
April 15, 2012. (S: Marrero; H: Turner J.)
House Co-Sponsor: Kernell
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice 03/09/2011 in House General Subcommittee of Judiciary.
|
SB 1085
Beavers
HB 0138
Shipley
|
Lowers DUI enhancement requiring ignition interlock device. Requires
court to order an ignition interlock device in cases where a first-time
DUI offender is allowed a restricted license if the person's BAC was
.08 percent, rather than .15, or higher. Deletes provision requiring the
court to order an ignition interlock device in cases where a first-time
DUI offender is allowed a restricted license if the person violates the
implied consent law and has a conviction or juvenile delinquency
adjudication for a violation that occurred within five years for implied
consent, underage driving while impaired, the open container law, or
reckless driving if the charged offense was DUI. Broadly captioned. (S:
Beavers; H: Shipley)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House General Subcommittee of Judiciary.
|
SB 1086
Beavers
HB 1365
Dennis
|
Appealing the ruling of post-conviction relief motions. Increases
the period of time that a petitioner in a post-conviction relief action
has to appeal the ruling of the trial court to the court of criminal
appeals on a motion to reopen the petition from 10 to 30 days. (S:
Beavers; H: Dennis)
Senate Status: Set for Senate Judiciary Committee 04/27/2011.
House Status: House General Subcommittee of Judiciary 04/27/2011 recommended. Sent to House Judiciary.
|
SB 1087
Beavers
HB 1364
Dennis
|
Perjury by false statements in declarations. Includes within the
offense of perjury the making of a false statement, not under oath, but
in a declaration stating on its face that the statement is made under
penalty of perjury. (S: Beavers; H: Dennis)
Senate Status: Senate 03/07/2011 passed.
House Status: Set for House Calendar & Rules Committee 04/28/2011.
|
SB 1095
Beavers
HB 1946
Elam
|
Felony offense of retail theft. Allows a law enforcement officer,
merchant, or agent to take into custody for a reasonable length of time
a person has committed a retail theft and that the property can be
recovered by taking such offender into custody. Establishes that the
activation of an anti-shoplifting control devise as a result of a person
leaving an establishment constitutes reasonable cause for the detention
of the person by the owner, agent, or employee of such establishment,
providing sufficient notice has been posted to advise the patrons that
such devise is being used. Protects the agent, law enforcement officer,
or merchant from criminal or civil liability for a false arrest, false
imprisonment, or unlawful detention. Creates a class E felony for the
possession or use of anti-shoplifting countermeasure within any premises
used for retail purchase or retail theft if the merchandise exceeds
$300. Creates class D felony for a second subsequent conviction for
retail
theft if the stolen property is valued at over $999.99. Clarifies that
retail theft of merchandise valued at $300 or less must be punished as
theft already existing in code, which is a class A misdemeanor. (S:
Beavers; H: Elam)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House General Subcommittee of Judiciary.
|
SB 1108
Campfield
HB 0959
Dunn
|
Authority of federal employee to make arrests in state. States
that a federal employee who is not designated as a Tennessee peace
officer may not make an arrest or conduct a search and seizure in this
state without the written permission of the sheriff in which the arrest,
search and seizure will take place except under certain circumstances.
(S: Campfield; H: Dunn)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House General Subcommittee of Judiciary.
|
SB 1182
Burks
HB 1335
Jones S.
|
Domestic abuse reporting by health care practitioners. Requires a
health care practitioner who knows or has reasonable cause to suspect
that a patient's injuries are the result of domestic violence or
domestic abuse to report such injuries to the department of health,
office of health statistics, within 15 days of the date the practitioner
suspects such cause for patient's injuries. Prohibits the report from
disclosing the identity of the patient, but should include the nature
and extent of the patient's injuries as well as a statement made by the
patient. Broadly captioned. (S: Burks; H: Jones S.)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House General Subcommittee of Judiciary.
|
SB 1183
Burks
HB 1333
Jones S.
|
Info reported to law enforcement - domestic abuse victims. Prohibits
injuries to a domestic abuse victim or sexual assault victim from being
reported unless the injured person consents to a report being made. (S:
Burks; H: Jones S.)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House General Subcommittee of Judiciary.
|
SB 1184
Burks
HB 1334
Jones S.
|
Info reported to law enforcement - adult domestic abuse. Exempts
information concerning adult victims of domestic abuse or sexual assault
from being mandatorily reported by doctors and hospitals to law
enforcement unless the patient consents to such reporting. (S: Burks; H:
Jones S.)
Senate Status: Referred to Senate Judiciary.
House Status: House Judiciary Committee deferred to 2012.
|
SB 1234
Yager
HB 0694
Maggart
|
Pretrial diversion and probation. Abolishes pretrial diversion
permitting qualified defendants to suspend prosecution for a maximum of
two years during which they were required to participate in a supervised
rehabilitation program among various other requirements. Adds to the
list of those disqualified for probation persons seeking deferral of
further proceedings for driving under the influence, persons convicted
of a class A misdemeanor with a sentence of confinement, and persons who
have not previously been granted judicial or pretrial diversion. (S:
Yager; H: Maggart)
Senate Status: Referred to Senate Judiciary.
House Status: Set for House Calendar & Rules Committee 04/28/2011.
|
SB 1236
Yager
HB 1221
Bass
|
Fee paid by defendant prior to suspended prosecution. Requires
that a qualified defendant pay $250 prior to making an agreement with
the prosecution to suspend prosecution. (S: Yager; H: Bass)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House General Subcommittee of Judiciary.
|
SB 1328
Campfield
HB 0215
Hardaway
|
Tracking device penalty for violator of protection order. Permits
a court to order a first time violator and requires a court to order a
second time violator of a protection or restraining order to wear an
electronic tracking device for the duration of the protection order at
the cost of the defendant. (S: Campfield; H: Hardaway)
Senate Status: Referred to Senate Judiciary.
House Status: House General Subcommittee of Judiciary deferred to 2012.
|
SB 1422
Watson B.
HB 1183
Floyd
|
First time misdemeanor offense - expungement of records. Allows a
person convicted of a misdemeanor offense for the first time who is put
on probation, successfully completes probation and does not commit
another criminal offense for three years, to have such person's records
regarding the misdemeanor offense expunged. (S: Watson B.; H: Floyd)
Senate Status: Referred to Senate Judiciary.
House Status: House General Subcommittee of Judiciary deferred to summer study.
|
SB 1456
Overbey
HB 1066
Rich
|
Wiretapping - evidence of a criminal gang offense. Authorizes the
district attorney to apply to a judge for an order to wiretap if the
interception may provide evidence of a criminal gang offense by a
criminal gang member. (S: Overbey; H: Rich)
House Co-Sponsors: Sexton; Dennis; Faison
Senate Status: Set for Senate Judiciary Committee 04/27/2011.
House Status: House passed 04/04/2011.
|
SB 1567
Ketron
HB 1582
Carr
|
Lawful Presence Enforcement Act. Creates the Lawful Presence
Enforcement Act which prohibits any government entity or employee from
restricting the exchange of information used to verify residency,
confirm the identity of a detainee, or determine alien compliance with
federal registration laws. Prohibits any efforts made to restrict the
full enforcement of federal immigration laws. Provides rules regarding
the right of state and county voters to file violation complaints, court
required issuance of writs of mandamus, time limitations on employer
remedial actions, and the imposition of civil penalties. Creates the
lawful immigration enforcement fund which will be used to reimburse
costs associated with housing and transportation of illegal immigrants.
Changes the curriculum requirements for peace officer training to
include various procedures related to circumstances involving illegal
immigrants. Requires an officer who lawfully stops or detains a person
and has reasonable
suspicion the person is an illegal immigrant to request verification of
the person's immigration status from federal immigration authorities
unless it would hinder or obstruct a criminal investigation or the
treatment of a medical emergency. Provides various rules requiring
notice be given, or the transfer of custody be made, to federal agencies
for persons verified as illegal immigrants who have been criminally
charged or imprisoned. Creates the Tennessee Lawful Employment Act to
replace current legislation governing the employment of illegal
immigrants. Requires all employers to enroll in E-verify, a federal
program specifically defined, by October 1, 2011 and thereafter use the
program to verify the work authorization status of all newly hired
employees and maintain records of all results. Creates the office of
employment verification assistance to assist employers that do not have
internet access in verifying work authorization status free of charge.
Prohibits the knowing
employment of an unauthorized alien or the use of a contract,
subcontract, or independent contractor agreement to obtain labor of an
unauthorized alien. Requires the commissioner to provide forms for
residents to file violation complaints, conduct investigations upon
receipt of complaint, and provide a hearing process for contested
matters. Penalizes frivolous complaints and provides for monetary
penalties, license suspension or revocation, and probationary periods
for violators depending on whether it is a first-time or subsequent
violator. Requires general contractors or subcontractors entering into
contracts with other contractors to require affidavits of compliance
with work authorization requirements, specified copies of identification
and work authorization, valid state identification for independent
contractors and requires copies of such documents are kept by the
contractor for one year after the end of the contract term. Requires
compliance with work authorization requirements
for employers to receive an economic development incentive from a
governmental entity and requires proof of compliance. Creates the
Eligibility Verification for Entitlements Act requiring agencies and
political subdivisions of the state to verify the eligibility of public
benefit applicants, providing exceptions for several public benefits.
Requires the applicant submit an affidavit stating they are either a
U.S. citizen or a qualified alien under federal law and provide one of
numerous forms of verifying identification. Subjects a person who
knowingly makes false statements in their affidavit to be held liable
under the false claims act and requires the agency involved to file a
complaint with the state attorney general and United States attorney.
Directs the agency to verify the person's status by calling the agency
issuing the identification in the case of a U.S. citizen or verify a
qualified alien's status through the SAVE program.(35 pp.) (S: Ketron;
H: Carr)
House
Co-Sponsors: Maggart; Matheny; Shipley; White; Watson E.; Sexton;
Casada; Miller D.; Floyd; Todd; Weaver; Womick; Campbell; Swann; Pody;
Hensley; Hill; Hurley; Wirgau; Hall; Ragan; Gotto; Keisling; Butt;
Coley; Sargent; Cobb J.; Forgety; Ford D.; Lollar; Holt; Eldridge;
Brooks, Harry; Dean; McManus; Hawk; Evans; Powers; Sanderson; Matlock;
Halford; Harrison; Elam; Alexander; Brooks, Kevin; Dennis; Williams K.
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House General Subcommittee of State & Local Government.
|
SB 1754
Ketron
HB 1672
Matheny
|
Prohibition against carrying weapons in public parks. Changes
prohibition against weapons in public parks to prohibit specifically
firearms, knives with blades exceeding four inches, and clubs. Current
law prohibits a more broad definition of weapons, including explosives,
machine guns, short-barrel rifles or shotguns, firearm silencers, hoax
devices, switchblade knives or knuckles, and any other implement for
infliction of serious bodily injury or death that has no common lawful
purpose. Broadly captioned. (S: Ketron; H: Matheny)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House General Subcommittee of Judiciary.
|
SB 1768
Ketron
HB 1668
Matheny
|
Tennessee Gun Owners Improvement Act. Alters provisions regarding
carrying certain weapons. Rearranges certain provisions. Removes the
requirement that certain signs be posted concerning carrying weapons on
public recreational property. Removes provision authorizing certain
local governments from prohibiting persons from carrying weapons on
public recreational property. Alters provisions regarding who may
purchase firearms. Requires the Tennessee bureau of investigation to
destroy certain records related to a gun purchaser applicant's
background check within the same day of approval. Specifies that no
copies of such applicant's information be preserved in any form. Creates
a Class A misdemeanor for a person to knowingly solicit or persuade a
firearm seller to sell a gun under circumstances where the person knows
it is illegal. Creates a Class A misdemeanor to knowingly provide
materially false information with intent to deceive the seller about the
legality of the transfer of a
gun or ammunition. Eliminates certain eligibility requirements to
receive a handgun carry permit. Requires the department to issue an
applicable handgun carry permit within 45 days, instead of 90 days.
Removes certain offenses that requires the department to suspend or
revoke a handgun carry permit. Allows certain businesses and lawful
lessee tenants to lawfully possess guns within such businesses' or
tenants' properties. Prevents businesses and government agencies from
prohibiting lawfully-possessed guns from being kept in a person's
vehicle, while locked and out of sight, during certain meetings. Alters
provisions regarding a sheriff or police chief executing gun purchase
related documents. Creates new gun possession and felony combinations
that prohibit persons with such convictions from receiving a handgun
carry permit. (48 pp.) (S: Ketron; H: Matheny)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House General Subcommittee of Judiciary.
|
SB 1775
Campfield
HB 2039
Faison
|
Judge permitted to carry firearm into courtroom. Allows a judge
with a valid handgun carry permit who completes the firearms component
of the of the Basic Law Enforcement Course that is included within the
minimum curricula requirements for police officer certification to carry
a weapon in the courtroom. (S: Campfield; H: Faison)
Amendment: House Judiciary amendment 1 rewrites the bill.
Permits Judges in the actual discharge of official duties to carry a
handgun during judicial proceedings if they successfully complete 16
hours of POST court security training in addition to an annual eight
hours of POST firearm training.
Senate Status: Set for Senate Judiciary Committee 04/27/2011.
House Status: Set for House Calendar & Rules Committee 04/28/2011.
|
SB 1779
Southerland
HB 2042
Carr
|
Judges may carry firearm like law enforcement officer. Authorizes
a judge who has a valid handgun carry permit to carry a firearm at all
times and in the same places as a law enforcement officer is authorized.
(S: Southerland; H: Carr)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House General Subcommittee of Judiciary.
|
SB 1800
Johnson J.
HB 1656
Johnson P.
Public Chapter (PDF)
|
Unfair or deceptive act - use of bank trademark. Specifies that
the use of a trade name or trademark, or a confusingly similar trade
name or trademark, of any bank, savings and loan association, savings
bank or subsidiary in a solicitation for services or products is a
deceptive business practice, unless the solicitation clearly and
conspicuously states certain information in bold type. (S: Johnson J.;
H: Johnson P.)
Amendment: Senate amendment 1 adds language clarifying that
the use of specified loan information of non-customers is restricted,
instead of the use of loan information of any person.
Senate Status: Senate 03/28/2011 passed with amendment 1.
House Status: House 04/04/2011 concurred in Senate amendment 1.
Other Status: Enacted as Public Chapter 0089 (effective 04/14/2011).
|
SB 2020
Stewart E.
HB 1048
Matheny
|
Pseudoephedrine purchased from pharmacy & meth promotion. Changes
the amount that a person can purchase base ephedrine and
pseudoephedrine from a pharmacy from nine grams to four-and-a-half
grams. Decreases the amount of such base necessary for the offense of
promoting the manufacture of methamphetamine from nine grams to
four-and-a-half grams. (S: Stewart E.; H: Matheny)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House General Subcommittee of Health & Human Resources.
|
SB 2043
Ford O.
HB 0841
Cooper B.
|
Probation only for certain marijuana possessors. Creates a Class C
misdemeanor punishable only by probation for first offense marijuana
violators who are aged 18-21 and in possession of less than one-half an
ounce of marijuana. (S: Ford O.; H: Cooper B.)
House Co-Sponsors: Richardson; Favors; Hardaway
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice 03/09/2011 in House General Subcommittee of Judiciary.
|
SB 2061
Campfield
HB 2021
Evans
|
Employee permitted to store firearm in vehicle. Specifies that a
private or public employer cannot prohibit an employee that possesses a
valid handgun carry permit from entering the employer's parking lot and
parking during the employee's regular work hours when the employee's
privately-owned motor vehicle contains a firearm that is stored within
the trunk, glove box, or other enclosed compartment and such motor
vehicle is locked. Clarifies that these provisions do not apply to penal
institutions, correctional facilities, and places where the transport
of a firearm on the premises of the employer is prohibited by state or
federal law. Specifies that no employer, property owner, or property
owner's agent is to be held liable in any criminal or civil action for
damages resulting from an occurrence involving the transportation,
storage, possession, or use of a firearm, including, but not limited to,
the theft of a firearm from an employee's automobile. (S: Campfield; H:
Evans)
Senate Co-Sponsor: Gresham
Amendment: House amendment 1 rewrites the bill. Exempts a
private or public employer, who permits transportation, storage, and
possession of a firearm in the employer's parking lot by any person who
can lawfully possess a firearm in public, from civil liability for
damages resulting from or arising out of any occurrence involving the
firearm on the employer's property unless the employer commits a
criminal act involving the use of the firearm or the employer knew the
person possessing the firearm would commit a criminal act on the
employer's premises. Specifies that an employer who permits firearm
possession in the parking area pursuant to this act is not required to
implement any additional security measures for the protection of the
employees, customers, or other persons.
Senate Status: Referred to Senate Judiciary.
House Status: Re-referred to House Judiciary after adopting
amendment 1. House Judiciary amendment 1 rewrites the bill. Exempts a
private or public employer, who permits transportation, storage, and
possession of a firearm in the employer's parking lot by any person who
can lawfully possess a firearm in public, from civil liability for
damages resulting from or arising out of any occurrence involving the
firearm on the employer's property unless the employer commits a
criminal act involving the use of the firearm or the employer knew the
person possessing the firearm would commit a criminal act on the
employer's premises. Specifies that an employer who permits firearm
possession in the parking area pursuant to this act is not required to
implement any additional security measures for the protection of the
employees, customers, or other persons.
|
SB 2078
Faulk
HB 1769
Swann
|
Judge with handgun carry permit may carry gun into court. Allows a
judge who has a valid handgun carry permit and is in the actual
discharge of official duties as a judge to carry a handgun while in the
courtroom. (S: Faulk; H: Swann)
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice 04/19/2011 in House Judiciary.
|
HB 0214
Hardaway
|
Additional penalties for protection order violators. Requires
persons charged for the first time with violating a protection or
restraining order to attend mandatory court-appointed counseling at the
defendant's expense and pay the costs of the victim's optional
counseling, with exceptions for indigency. Requires that second time
violators pay a $3,000 fine. (H: Hardaway)
House Status: Referred to House General Subcommittee of Judiciary.
|
HB 0288
McDonald
|
Material with ephedrine a schedule III controlled substance. Makes
materials containing any quantity of ephedrine or pseudoephedrine a
schedule III controlled substance. Exempts immediate methamphetamine
precursors if they are not in a form that can be used in the manufacture
of methamphetamine, which must be determined by the board of pharmacy
and the TBI. Requires the board of pharmacy to maintain a public list of
the exempted products or categories. Allows any person to request that a
product or category of products be included on the exemption list.
Maintains a Class A misdemeanor, punishable by fine only. (H: McDonald)
House Status: Withdrawn 02/28/2011 in House.
|
HB 1645
Dennis
|
Offense of perjury. Adds to the offense of perjury any false
statement made, not under oath, but in a declaration stating on its face
that it is made under penalty of perjury. (H: Dennis)
House Status: Referred to House Judiciary.
|
ECONOMIC DEVELOPMENT |
SB 1967
Stewart E.
HB 2098
Turner M.
|
Revisions - TN Small Business Investment Company Credit Act. Prohibits
an insurance company or affiliate of an insurance company from directly
or indirectly owning 25 percent or more of the voting securities or
other voting ownership interest of a TNInvestco. Current law specifies
15 percent. Broadly captioned. (S: Stewart E.; H: Turner M.)
Senate Status: Senate Commerce, Labor & Agriculture deferred to 04/26/2011.
House Status: Referred to House General Subcommittee of Commerce.
|
EDUCATION |
SB 0009
Campfield
|
Citizenship status of higher education applicants Requires public
postsecondary institutions to verify that applicants are American
citizens or are international students with a valid visa authorizing
their stay in the United States beginning July 1, 2011. Allows such
institutions to raise or create new fees to cover these additional
requirements. (S: Campfield)
Senate Status: Referred to Senate Education.
|
SB 0113
Johnson J.
HB 0130
Maggart
|
Teachers' unions: cannot negotiate professional service. Prohibits
teachers' unions and professional employees' organizations from
negotiating terms or conditions of professional service with local
boards of education. Maintains existing negotiated contracts. (S:
Johnson J.; H: Maggart)
Senate Co-Sponsors: Gresham; Summerville; Kelsey; Ketron
Amendment: Senate Education amendment 1 replaces Section 1
of the original bill that deletes the entirety of TCA 49-05-06, which is
the Education Professionals Negotiations Act. Specifies that if a
strike occurs, the local education agency may apply to the chancery
court of the county to enjoin the strike. The application shall set
forth the facts constituting the strike. If the court finds, after a
hearing, that a strike has occurred, the court may enjoin the
organization or its representatives or any professional employee from
engaging in the strike or urging, coercing or encouraging others to
engage in the strike. When the local education agency has determined
which employees engaged in or participated in the strike, those
employees may be subject to dismissal or forfeiture of their claim to
tenure status, if they presently have attained tenure, and the employees
may revert to probationary teacher status for the next three-year
period. Any employees who engaged in or
participated in the strike but who are not tenured teachers may also be
subject to dismissal. Senate Education amendment 2 replaces the language
of the original bill from "no local board of education shall negotiate"
to "no local board of education shall engage in mandatory collective
bargaining" regarding negotiations between local boards of education and
professional teachers' organizations. Senate Education amendment 3
rewrites the bill. Effective upon becoming law, repeals the Education
Professional Negotiation Act which authorizes teachers' associations or
other professional unions to negotiate terms and conditions of
professional services with local school boards, including salary and
benefits. Defines professional employee, professional employee
organization, and strike. Prohibits professional employee organizations,
its representatives, or any professional employee from engaging or
encouraging or coercing others to strike. Authorizes local education
agencies (LEAs) to appeal to
the chancery court if a strike occurs. Authorizes LEAs to terminate
tenured employees who participate in a strike or remove the tenure
status of tenured employees. LEAs may also dismiss non-tenured personnel
who are strike participants. Requires each local board of education to
develop and adopt a professional employee manual that contains and
defines the working conditions of professional employees. The
professional employee manual shall be binding until a new or renewed
professional employee manual is adopted by the local board of education.
Requires the manual to be reviewed every three years and revised if
deemed appropriate at the discretion of the local board of education
after receiving input from professional employees and the public. The
manual shall include policies relative to salaries and wages, benefits,
leave, student discipline procedures, and working conditions. Requires
the State Board of Education (SBOE) and the Department of Human
Resources (DOHR), with the
assistance of the Department of Education (DOE), to develop a model
professional employee manual by August 15, 2011. Requires each local
board of education to develop and adopt a professional employee manual
by April 17, 2012. All initial professional employee manuals shall take
effect July 1, 2012; however, all currently negotiated agreements in
effect shall remain in effect until their scheduled end date. Requires
all proposed manuals to be posted for review on the website of the local
board of education. If the local board of education does not have
website, the proposed manual shall be made available at each LEA school
library. Requires local boards of education to provide current and
retired professional employees a 45- day period for submission of
written comments and recommendations on the proposed manual. Prohibits
local boards of education from denying all current and retired
professional employees or professional employee organizations the
ability to submit comments and
recommendations. Requires one public hearing to be held after the
comment period has ended. If revisions are made to the proposed manual,
the public hearing shall be held at least seven days after the manual is
made available on the board's website. The manual shall be a public
document. Requires the local board of education to establish policies
concerning the dismissal of LEA employees by school principals and
requires that employees to be given written notice of charges against
them and an opportunity for defense. Prohibits local boards of education
from adversely affecting an individual professional employee or group
of professional employees for purposes HB 130 - SB 113 2 unrelated to
the duties and powers of the local board of education. Deletes
references in current law to the Education Professional Negotiations
Act. House Education amendment 1 rewrites the bill. Defines "memorandum
of agreement," "negotiator," "professional employee," "professional
employees' organization,"
"management team," "supervisor," "teachers' union" and other related
terms, and working conditions and terms and conditions relating to
professional employees. Prohibits the board of education and teachers'
union from negotiating issues regarding differentiated pay plans and
other incentive compensation programs; expenditures of grants or awards
from government entities or organizations; evaluations of professional
employees; salaries, benefits, staffing decisions and boards of
education policies concerning innovative educational programs; and all
personnel decisions concerning assignment of professional employees,
including filling of vacancies, specific school assignments, duties,
layoffs, etc. Allows contracts currently in force concerning
differentiated pay plans or incentive compensation programs to not be
affected until the contract's expiration date. Requires a petition for
decertification of a professional employees' organization to include 30
percent, instead of a majority, of
the professional employees. Requires a majority of those eligible to
vote, instead of a majority of those voting, to secure representation by
a professional employee's organization. Requires the initial
recognition of the professional employees' organization to exist for the
first 24 months and extended for another 24 months upon the showing
that a majority of the union's members of the LEA belong to the union as
full dues paying members, instead of an automatic 24 month renewal
under certain circumstances. Alters the unlawful acts concerning the
refusal to permit a professional employees' organization by limiting
their access to professional employees' work areas. Creates an unlawful
act for the professional employees' organization to coerce or intimidate
professional employees who choose not to join the organization. Allows
the director of schools to communicate with the professional employees
concerning any subject relevant to the operation of the school system.
Senate Education
amendment 1 reinserts the strike prohibition that currently exists in
the code. Senate Education amendment 2 prohibits LEAs from engaging in
mandatory collective bargaining, but allows other forms of negotiation
to occur, with professional employees' organizations and teachers'
unions regarding terms or conditions of professional service.
Senate Status: Set for Senate Floor 04/28/2011.
House Status: House Finance, Ways & Means deferred to 05/03/2011.
|
SB 0333
Burks
HB 0184
Windle
|
Elected school superintendents. Allows any county or city
operating a school system to re-establish the elected office of school
superintendent upon two-thirds vote of governing body of county or city.
Specifies that such ordinance or resolution once approved is not
operative until approved by voters in an election. Also specifies that
term of elected superintendent of schools is four years and lays out
qualifications of candidates. (S: Burks; H: Windle)
Senate Status: Taken off notice in Senate Education 04/13/2011.
House Status: Failed 04/20/2011 in House General Subcommittee of Education.
|
SB 0399
Campfield
HB 2016
Holt
|
College faculty and staff permitted to carry handgun. Authorizes
full-time faculty and members of the staff at any public post-secondary
institution to carry a firearm on campus if such faculty or staff member
has a valid handgun carry permit. (S: Campfield; H: Holt)
House Co-Sponsors: Rich; Powers; Butt; Faison; Evans
Amendment: House General Subcommittee of Judiciary amendment
1 adds language allowing postsecondary institutions to prohibit
full-time faculty from possessing weapons on property owned or managed
by the institution. Places the duty on institutions prohibiting
possession of weapons to guarantee the safety of persons lawfully on the
premises and requires notice of the prohibition be given to all
effected employees.
Senate Status: Set for Senate Judiciary Committee 04/27/2011.
House Status: House Judiciary deferred to 05/03/2011.
|
SB 0456
Burks
|
Re-establishes office of elected school superintendent. Allows a
county or municipality operating a school system to re-establish the
office of elected school superintendent of elected office of school
superintendent by a two-thirds vote of the membership of the county or
municipal legislative body. Specifies that such ordinance or resolution
once approved is not operative until approved in an election. Provides
for qualifications of candidates. (S: Burks)
Senate Status: Referred to Senate Education.
|
SB 0491
Ketron
HB 0505
Brooks, Harry
|
Revises provisions of TN Public Charter Schools Act. Removes the
requirement that students be enrolled in LEAs meeting specific
membership numbers and statistics of yearly progress in addition to
qualifying for free or reduced-price lunches in order to qualify for
charter school acceptance. Deletes provisions allowing for a lottery to
determine which students will be accepted to charter schools when the
number of qualified applicants exceeds the schools capacity. Exempts
charter schools sponsored by a post-secondary institution accredited by
the Southern Association of Colleges and Schools with one parent
representative from being required to form a separate governing body.
Removes limitations on the total amount of charter schools permitted in
the state. Allows the formation of a charter school exclusively for
re-enrollment of high school student drop-outs. Permits in-service
training for teachers and principals provided by the LEA in which the
charter school is located,
subject to specified requirements. Allows charter schools converted from
public schools or developed to take in public school students failing
yearly progress standards to continue to draw students from the same
size perimeter as the initial public school. (S: Ketron; H: Brooks,
Harry)
Senate Status: Taken off notice in Senate Education 04/13/2011.
House Status: Taken off notice 04/20/2011 in House General Subcommittee of Education.
|
SB 0618
Campfield
HB 0110
Hardaway
|
Penalties for parents of unruly and truant children. Requires
parents or guardians of truant children found to be unruly by a juvenile
court judge due to at least 5 inadequate absences from school, to
perform 14 hours of community service for each day the child was absent
without adequate excuse and a fine up to 50 dollars, instead of up to a
total of five hours of community service or a fine up to 50 dollars.
Requires parents of unruly children to also attend counseling,
mentoring, or parenting classes. Requires unruly children to attend
counseling or mentoring classes. Creates a task force on truancy with
certain duties and membership requirements. (S: Campfield; H: Hardaway)
Senate Status: Referred to Senate Education.
House Status: House General Subcommittee of Education 04/27/2011 recommended with amendment. Sent to full committee.
|
SB 0624
Ketron
HB 0367
Dunn
|
Changes to teacher tenure and appeals process. Allows the board
of education to grant teachers tenure at any time between their third
and tenth years of service. Eliminates the teacher's appeal to chancery
court after the board's ruling concerning suspension or dismissal for
incompetence, inefficiency, neglect of duty, unprofessional conduct or
insubordination. (S: Ketron; H: Dunn)
Amendment: House Education amendment 1 rewrites the bill.
Prohibits local boards of education from reducing the cumulative amount
of salaries or benefits expended per teacher, including health insurance
premiums, if there is not a collective bargaining agreement in effect.
Requires all proposed changes relative to health insurance including
employee contribution, benefit coverage, deductibles, policy options,
and the renewal, extension, or adoption of a new health insurance
contract to be timely and publically disclosed to teachers before final
implementation takes place. Defines teacher as any person employed by a
local board of education that requires a license issued by the
Department of Education.
Senate Status: Referred to Senate Education.
House Status: Set for House Calendar & Rules Committee 04/28/2011.
|
SB 0787
Campfield
HB 0902
Niceley
|
Reestablishment of the office of superintendent. Permits a county
or municipality to establish the office of elected superintendent if
approved by voters, as an alternative to allowing the local school board
to make the appointment. Permits school systems with superintendents
elected by a vote of the people in office on July 1, 1992 to reestablish
the office by resolution requiring a two-thirds vote of the county or
municipality and approval in a county election. Requires the election
for superintendent be included in the August elections if the resolution
passes. Requires the office to be filled by popular vote for a four
year term to begin the following September. Prohibits contract
extensions of any current director of public schools if the county votes
to re-establish the office. Outlines superintendent qualifications the
state board of education must establish including, but not limited to,
requirements of a teacher's professional license, master's degree in
education
administration, and five years experience in both teaching and
administration. (S: Campfield; H: Niceley)
House Co-Sponsor: Keisling
Senate Status: Taken off notice in Senate Education 04/20/2011.
House Status: Failed 04/12/2011 in House Education.
|
SB 0881
Finney L.
HB 1193
Shepard
|
Reporting on conflict resolution programs. Simplifies LEAs'
reporting on conflict resolution programs by requiring such reports be
made to the commissioner of education biennially instead of annually.
Also requires, in lieu of a separate report by the commissioner, a
summary of the reports and the commissioner's findings to be published
in the commissioner's annual report. (S: Finney L.; H: Shepard)
Senate Status: Referred to Senate Education.
House Status: Referred to House General Subcommittee of Education.
|
SB 0893
Watson B.
HB 0368
Dunn
|
Protects teachers from discipline for teaching science. Protects a
teacher from discipline for teaching scientific subjects in an
objective manner. Prohibits the teaching of scientific information from
being construed to promote any religious or non-religious doctrine,
promote discrimination for or against a particular set of religious
beliefs or non-beliefs, or promote discrimination for or against
religion or non-religion. (S: Watson B.; H: Dunn)
House Co-Sponsor: White M.
Senate Status: Taken off notice in Senate Education 04/20/2011.
House Status: House passed 04/07/2011.
|
SB 1438
Campfield
HB 1625
Campbell S.
|
Instruction in American historical achievement. Changes the
current requirement that the commissioner in making recommendations for
social studies textbooks, to be adopted by the board of education,
select textbooks which accurately and comprehensively portray the
achievements of racial and ethnic minorities to instead comprehensively
portray the full range of diversity and achievements of all Americans of
every race and ethnic background. Also requires the commissioner
recommend textbooks that provide students with an understanding of the
U.S. role in leading improvements in science, agriculture, economics,
education, justice, human rights, the standard of living, government and
liberty. Requires students are taught the foundational instruments,
mechanisms, and values of American government and requires, instead of
urges, schools to educate students in U.S. government with specified
curricular goals. Adds specified characteristics of the U.S. government
students must be taught
such as the significance and application of the declaration of
independence and the constitution, that the constitution created a
republic not a democracy, and that the constitution is the rule book for
the federal government and therefore federal action is not permitted
unless permission can be found in the constitution. Requires all school
district boards report to the commissioner their compliance with
required curriculum concerning U.S government and retain copies of such
records for parents and the public. (S: Campfield; H: Campbell S.)
Amendment: House Education amendment 1, Senate Education
amendment 1 deletes the original bill. Requires the State Board of
Education (SBOE), in consultation with the Department of Education
(DOE), to review the current elementary and secondary curriculum
standards for United States government and analyze the teaching of
foundational instruments including the Declaration of Independence,
Constitution, Bill of Rights, mechanisms, and values of American
government. Requires the SBOE to make a report to the Education
Committees of the General Assembly by February 1, 2012.
Senate Status: Set for Senate Floor 04/28/2011.
House Status: House Education 04/26/2011 recommended with amendment. Sent House Calendar & Rules.
|
SB 1468
Bell
HB 1631
Dunn
|
Requirements for home schooling. Permits a parent-teacher to
enroll their home school child in a church-related school and
participate as a teacher subject to the requirements of the
church-related school. Exempts home school students enrolled in
church-related schools from the list of requirements placed on
parent-teachers conducting home schools. Deletes numerous requirements
for parent-teachers conducting home schools including penalties for late
submission of an annual notice of intent to home school, administration
of standardized testing for specified grades, consultation between
parent-teacher and local school director if the child falls six to nine
months behind the appropriate grade level and authority to enroll the
child in public or private school if more than one year behind, receipt
of a baccalaureate degree to teach grades nine through twelve, written
notice of classes to be taught a home school student in grades nine
through twelve, course compliance with public
high schools standards and college admission requirements, proof of
required vaccinations and health services, and employment of a tutor
when a parent-teacher has fallen ill or cannot adequately teach a
subject. Clarifies that use of public school facilities by home schools
will be at the expense of the person requesting such use. (S: Bell; H:
Dunn)
Amendment: Senate Education amendment 1 deletes the original
bill. Authorizes home school students to use public school facilities
with the approval of the school principal, in accordance with the policy
of the local board of education. Removes the requirement that a home
school student take standardized tests in grades 9-12 and be re-enrolled
in a regular public school, private, or church-related school if the
student fails to make adequate achievement on a standardized test for
two consecutive years. Authorizes the parent of a home school student to
enroll their child in a church-related school and participate as a
teacher in that school. Requires parents who register with a
church-related organization to conduct a home school for students in
grades 9-12 to possess at least a high school diploma or GED. Removes
requirement that homeschool students who fail to provide timely annual
notice to the local director of schools of a home-school plan shall pay
late fees not
exceeding $80. Requires attendance teachers to be informed of parents'
rights to conduct a home-school upon beginning employment within a local
education agency (LEA). Requires a home-school parent-teacher to
possess a high school diploma or GED. Removes requirements that a
home-school parent-teacher teaching grades 9-12 possess at least a
baccalaureate degree and that a parent-teacher notify the local director
of schools as to whether the parent-teacher will conduct a college
preparatory or a general course of education. Deletes specific grants to
LEAs for accounting and record-keeping for home-school students.
Authorizes a tutor to be employed by the home-school parent-teacher in
the event of an illness.
Senate Status: Set for Senate Floor 04/28/2011.
House Status: House General Subcommittee of Education 04/27/2011 recommended with amendment. Sent to full committee.
|
SB 1483
Marrero
HB 1888
Parkinson
|
Civics education added to curriculum. Requires courses in civics
designed to educate children on local government in 6th grade, state
government in 7th grade and federal government in 8th grade, beginning
in the 2011-2012 school year. (S: Marrero; H: Parkinson)
House Co-Sponsors: Miller L.; Hardaway; Turner J.
Amendment: House Education Subcommittee amendment 1 rewrites
the bill. Directs the board of education to study civics education
curriculum in public schools and report back to the education
committees.
Senate Status: Referred to Senate Education.
House Status: House General Subcommittee of Education 04/27/2011
recommended with amendment 1. House Education Subcommittee amendment 1
rewrites the bill. Directs the board of education to study civics
education curriculum in public schools and report back to the education
committees. Sent to full committee.
|
SB 1523
Norris
HB 1989
McCormick
|
Charter schools, lifting the cap and open enrollment. Allows any
student in the charter school's jurisdiction to attend the school.
Authorizes the achievement school district to approve applications to
create charter schools. Removes the cap on the number of charter schools
in the state. (Part of Administration Package) (S: Norris; H:
McCormick)
Senate Co-Sponsors: Woodson; Kelsey
House Co-Sponsor: White M.
Amendment: Senate Education amendment 1, House Education
amendment 1 rewrites the bill. Maintains substantive portions of the
bill, but allows an LEA to authorize charter schools to enroll certain
students residing outside the LEA district. Removes filing deadlines
concerning public charter school applications from the bill. Requires
chartering authorities to give preference to students who are assigned
or enrolled in a school failing to make adequate yearly progress,
students who failed to test proficient in certain subjects, or students
who are eligible for free or reduced price lunch. Requires written,
objective grounds for charter school application denials under certain
circumstances. Allows a public charter school agreement to be revoked if
such school failed to meet adequate yearly progress for two consecutive
years. Specifies certain appeals regarding decisions not to revoke a
charter agreement apply only when the revoking authority is the LEA.
Senate Status: Senate Education recommended 03/30/2011 with amendment 1. Sent to Senate Finance, Ways & Means.
House Status: House Education 04/12/2011 recommended with amendment 1, Sent to Finance, Ways & Means.
|
SB 1528
Norris
HB 2012
McCormick
Public Chapter (PDF)
|
Teacher tenure reform. Specifies that employed school personnel
must be assigned to school by June 15 instead of May 15. Changes the
date teachers must be notified of decision not to rehire them for next
school year to June 15 instead of May 15. Provides if teacher's position
is abolished by board after June 15, teacher is entitled to next open
position for which teacher is "qualified" not simply "certified" and
teacher's most recent evaluations may be a factor in determination of
whether or not the teacher is qualified for position. Changes the
definition of "inefficiency" to include poor evaluations. Redefines
"tenure" to clarify it is an employment status and that a teacher must
sustain specified level of performance as reflected in their evaluations
to acquire it and maintain it, and that no teacher has property right
in their tenure status. Specifies teachers who acquire tenure prior to
July 1, 2011 shall not be returned to probationary status. Removes
"limited tenure"
status. Changes probationary period from three years or 27 months within
a five year period to five years or 45 months within a seven year
period and clarifies that last two years must be that of regular teacher
and not interim position. Requires teachers have certain level of
evaluations in last two years to be eligible for tenure. Changes
probationary term from one to two years for tenured teacher who is
returning to the LEA in which he/she was tenured. Provides any teacher
who may be returned to probationary status by director of schools if
they receive two consecutive years of evaluation below specific level,
but may again be eligible for tenure status after receiving two
consecutive years of evaluations at specific level. Excludes teachers
who acquire tenure prior to July 1, 2011 from being returned to
probationary status. Provides that any teacher's most recent evaluations
may be factor in determination of whether or not teacher whose position
has been abolished and is on
preferred list for reemployment is qualified for position. (Part of
Administration Package) (S: Norris; H: McCormick)
Senate Co-Sponsors:
Woodson; Tracy; Kelsey; Johnson J.; Beavers; Gresham; McNally;
Campfield; Summerville; Overbey; Faulk; Roberts; Watson B.; Ramsey R.
House Co-Sponsors:
Dunn; Campbell S.; Lundberg; White M.; Brooks, Harry; Haynes R.;
Sargent; Gotto; Hall; Miller D.; Sexton; Wirgau; Eldridge; Hurley; Elam;
Powers; Holt; Maggart
Amendment: Senate amendment 1 rewrites the bill. Changes,
from May 15 to June 15, the date by which teachers must receive
termination notices and by which teachers and other school personnel
must be assigned to a school for the next school year. Changes the
probationary period that a teacher must serve before being eligible for
tenure to five years or forty-five months in a seven-year period.
Requires teachers to receive good performance reviews in the last two
preceding probationary years before becoming eligible for tenure.
Requires teachers who achieve tenure, resign from their position, and
return to the school system to serve a probationary period of two years
before being eligible for tenure again. These limitations do not apply
to teachers who acquired tenure prior to June 15, 2011. Requires
teachers who receive two consecutive years of poor teacher evaluations
to be placed on probationary status for two years and authorizes tenure
to be reinstated upon receiving two
consecutive years of good teacher evaluations. Authorizes teacher
evaluations to be a factor when determining whether a teacher who is on
the preferred list for reemployment is qualified for a position. House
amendment 1 specifies that the provision of the bill allowing LEAs to
return teachers who receive two consecutive years of evaluations
demonstrating an overall performance effectiveness level of "below
expectations" or "significantly below expectations" to probationary
status would apply to teachers who obtain tenure "on or after July 1,
2011," instead of "on or after June 15, 2011."
Senate Status: Senate 03/31/2011 concurred in House amendment 1.
House Status: House 03/24/2011 passed with amendment 1.
Other Status: Enacted as Public Chapter 0070 (effective 07/01/2011).
|
SB 1653
Gresham
HB 1897
Hensley
|
Revises membership to textbook commission. Revises the membership
of the textbook commission to specify that no more than five of the
members may be educators of high qualifications. Also specifies that one
of the members must be an administrative official in a school system,
one a teacher or supervisor in grades 1-3, one a teacher or supervisor
in grades 4-8, and one a teacher or supervisor in grades 9-12. Specifies
that five of the members of the commission must be citizens of the
state who are not employed in the educational system but who are
knowledgeable about subject matter relevant to English, math, science,
U.S. history and government, business and economics, or manufacturing
crafts. Requires that all textbooks be made available to any member of
the commission at any time at the expense of the commission, and to any
citizen of Tennessee at the citizen's expense, without delay upon
request. Authorizes the commission to appoint subject matter experts to
the advisory panel
that advises the commission on book selections. (S: Gresham; H: Hensley)
Senate Status: Referred to Senate Education.
House Status: Referred to House General Subcommittee of Education.
|
SB 1914
Woodson
HB 1388
Brooks, Harry
|
Revises tenure procedures for K-12 teachers. Alters teacher
tenure system for new teachers hired beginning July 1, 2011. Requires
such new teachers to be first year probationary teachers until receiving
effective educator evaluations in two consecutive years or receiving an
effective educator evaluation in the teacher's fifth year as a
probationary teacher. Allows such tenure status to be lost if the
teacher receives less than effective teacher evaluations for two
consecutive years. Requires such teacher who lost tenure to receive
tenure again if the previous conditions are met. Requires probationary
teachers to be employees at will. Requires any tenured teacher who
breaks a contract with an LEA beginning July 1, 2011 to become a first
year probationary teacher. Allows teacher evaluations while a teacher is
on leave of absence to teach at a charter school to be used to
determine tenure status. (S: Woodson; H: Brooks, Harry)
Senate Status: Referred to Senate Education.
House Status: Referred to House General Subcommittee of Education.
|
SB 1993
Stewart E.
HB 1336
Jones S.
|
Special Education Behavioral Supports Act. Expands the
application of the special education behavioral supports act to
employees of private schools contracting with the state to provide
special education services, in addition to public school employees.
Limits the use of student restraint and isolation techniques to
emergency situations only and requires such technique be included in a
student's individual education program in order to be implemented, with
specified requirements for such inclusion. Restricts those who may
restrain or isolate a student to trained personnel unless unavailable
and requires those untrained who engage in restraint to become trained
within thirty days. Requires a copy of the records documenting a
restraint or isolation incident to be provided to the parents or legal
guardian, whether or not requested, and include specified details of the
incident. Encourages an additional school staff be present during the
use of restraint or isolation. Places minimum
requirements on the skills taught under a state approved training
program. Prohibits the removal or disabling of a students required
equipment or device to coerce or punish. Places specific requirements on
the condition of isolation rooms used on students. Requires the
department of education to quarterly collect and report to the state
advisory council for the education of students specified information
regarding the use, effectiveness and regulatory compliance of restraint
and isolation techniques which is to be used by the council in their
annual report in recommending reduced or continued use of such
techniques to the state board of education and be made available to the
public. (S: Stewart E.; H: Jones S.)
Amendment: House Education amendment 1 deletes the
definition of state-approved training program and adds the definition of
behavior intervention training program for the purposes of isolation
and restraint of special education students. Requires isolation and
restraint to be imposed by school personnel who have been certified for
completing a behavior intervention training program or other school
personnel when trained personnel are not immediately available. Requires
the records that LEAs keep on incidents of isolation and restraint to
contain whether the individual imposing the isolation and restraint has
completed a behavior intervention training program. Requires LEAs, to
the extent possible, to include behavior intervention training during
any in-service days that an LEA uses to address the issues of prevention
and intervention strategies for students in the area of behavioral and
emotional issues. Requires school personnel who have completed a
behavior intervention
training program to be renewed periodically. Requires all schools to
maintain records of isolation and restraint and to report bi-annually on
these incidents to the LEA using existing data systems. Requires LEAs
to report annually to the Department of Education (DOE), on the use of
isolation and restraint. The DOE shall report this information to the
State Advisory Council for Education of Students with Disabilities which
shall make recommendations to the State Board of Education (SBOE). The
SBOE shall use the recommendations and other data or reports to
establish policies to reduce or eliminate the use of isolation and
restraint.
Senate Status: Senate Education deferred to 04/27/2011.
House Status: House Education 04/26/2011 recommended with amendment. Sent to Finance, Ways & Means.
|
SB 2066
Norris
HB 2114
Brooks, Kevin
|
Study of Tennessee government in high school. Urges the inclusion
of the study of Tennessee government in the curriculum at some
appropriate grade level or levels in high school. Broadly captioned. (S:
Norris; H: Brooks, Kevin)
Senate Status: Referred to Senate Education.
House Status: House General Subcommittee of Education 04/27/2011 recommended. Sent to full committee.
|
HB 0335
Ragan
|
Certain persons cannot attend higher ed institutions in TN. Establishes
that an alien unlawfully present in the United States is not eligible
to attend a public higher education institution within the board of
regents or University of TN systems. Requires the board of regents and
the board of trustees of the University of TN system to develop a
process by which the lawful presence of each student applicant is
verified by either a valid government-issued form of identification or
the federal systemic alien verification of entitlement program.
Prohibits the graduation from a high school located in the United States
from being sufficient evidence of lawful presence in the United States.
Requires the board of regents and the board of trustees to establish a
verification waiver process to ensure that all lawfully present,
qualified residents of TN, including but not limited to homeless
residents, are verified. (H: Ragan)
House Co-Sponsor: Shipley
House Status: House General Subcommittee of Education deferred to 2012.
|
ENERGY & MINING |
SB 0899
Watson B.
HB 1182
Floyd
|
Changes to Non-Coal Surface Mining Act. Subjects the act of rock
harvesting to the current permitting process for minerals. Grants
surface landowners and operators the option of entering into their own
agreements to harvest rock without having to meet statutorily enforced
reclamation plans or permitting requirements, provided a standardized
form is signed by both parties, notarized and provided to the
department. (S: Watson B.; H: Floyd)
House Co-Sponsor: McCormick
Senate Status: Referred to Senate Environment, Conservation & Tourism.
House Status: Taken off notice 04/12/2011 in House General Subcommittee of Conservation & Environment.
|
SB 0900
Watson B.
HB 1181
Floyd
|
TN Non-Coal Surface Mining Act. Replaces the current surface
mining act with the title "Tennessee Non-Coal Surface Mining Act".
Changes the board granted authority under the act from the board of
reclamation review to the Tennessee water quality control board and
grants the division of water pollution control the position of director
instead of the division of surface mining and reclamation. Changes part
of the definition of mineral to no longer exclusively apply to Shelby
County. Redefines the term operator to be determined by the acreage of
land disturbed through surface mining instead of by the total tonnage of
mineral removed, and creates an exception for rock harvesting as
specifically defined. Requires additional information be submitted by an
operator to obtain a surface mining permit such as mineral rights
subject to pending litigation and evidence of the legal right to mine.
Allows a person to engage in rock harvesting without obtaining a permit
if the surface rights
owner signs, notarizes, and submits a specified form to the department
of labor and workforce development. (S: Watson B.; H: Floyd)
House Co-Sponsor: McCormick
Senate Status: Referred to Senate Environment, Conservation & Tourism.
House Status: Taken off notice 04/12/2011 in House General Subcommittee of Conservation & Environment.
|
ENVIRONMENT & NATURE |
SB 0276
Berke
HB 0532
Stewart M.
|
Processing of radioactive materials. Prohibits a waste processor,
defined by federal law to be any entity under state license that has
the primary purpose of processing or generating low-level radioactive
waste for transfer to a wasteland facility, from processing radioactive
material unless the resulting product falls within classifications
specified under federal statute. (S: Berke; H: Stewart M.)
Amendment: Senate Environment amendment 1 prohibits the
bill's contents from applying to processes that segregate wastes or to
the bulk survey for release process.
Senate Status: Senate Environment, Conservation & Tourism deferred to July 2012.
House Status: House General Subcommittee of Conservation & Environment deferred to July 2012.
|
SB 0298
Ketron
HB 0539
Womick
|
Hunter education course exemptions. Exempts persons with certain
weapons training, including certification as a peace officer, completion
of a law enforcement training academy, completion of certain firearms
training courses, or completion of at least four hours of handgun
training from any branch of the military from the hunter education
course required before being able to hunt. (S: Ketron; H: Womick)
Senate Status: Taken off notice 03/16/2011 in Senate Environment, Conservation & Tourism.
House Status: Taken off notice 03/16/2011 in House Conservation & Environment.
|
SB 0766
Marrero
HB 1041
Gilmore
|
Membership revisions to several environmental boards. Dissolves
the current solid waste disposal control board, water quality control
board, and air pollution control board on specified future dates and
provides for the appointment of new boards. Reduces each board to
consist of nine members and requires each board to appoint a chair and
vice chair member. Removes individually specified professional
qualifications of board members and limits qualifications to public
members with a sufficient combination of education and training who are
free from any conflicts of interest, with slight variations for each
board requiring professional qualifications. Places new requirements
concerning notice of vacancies to allow applicable persons the
opportunity to nominate board members and requires maintenance of a
notification registry. Adds procedural rules regarding vacancies to the
air pollution control board similar to those governing the other two
boards. Allows and provides procedures
for nominations for board seats to be made by any state citizen or
entity unincorporated or incorporated in the state. Provides a new and
identical appointment process for each board which divides appointments
between the governor, speaker of the house, comptroller of the treasury,
and attorney general to serve varying terms. Requires water quality
control board members to serve four year terms. Adjusts rules related to
regularly scheduled meetings of the solid waste disposal control board
and the air pollution control board. Adds requirements regarding travel
reimbursement and per diem allowances for the board of air pollution and
control. (pp 18.) (S: Marrero; H: Gilmore)
Senate Status: Referred to Senate Environment, Conservation & Tourism.
House Status: Referred to House General Subcommittee of Conservation and Environment.
|
ESTATES & TRUSTS |
SB 0059
Kelsey
HB 1124
White M.
Public Chapter (PDF)
|
Lineal descendants of owners may control private trusts. Adds
individuals that are lineal descendants of the original owners of a
private trust company to the list of those family members that are
allowed to control a private trust company or establish trusts or
charitable organizations controlling the private trust company.
Specifies that the involvement of lineal descendants of the original
owner's of a trust company in providing fiduciary services as a private
trust company will not be considered to be transacting business with the
general public and will therefore not affect eligibility to be
classified as a private trust company. (S: Kelsey; H: White M.)
Senate Status: Senate 02/28/2011 passed.
House Status: House passed 03/21/2011.
Other Status: Enacted as Public Chapter 0026 (effective 03/31/2011).
|
SB 0795
Overbey
HB 0488
Dennis
|
Increase of debt amount requiring newspaper advertisements. Increases
the amount of indebtedness regarding a pending court-ordered judicial
sale that requires newspaper advertisements to be displayed three times
from 200 dollars to 500 dollars. (S: Overbey; H: Dennis)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House General Subcommittee of Judiciary.
|
SB 0943
Southerland
HB 1022
Hawk
|
Administration of estates in Greene County. Under current law, no
county clerk may serve as clerk of a court with probate jurisdiction.
There are exceptions to this prohibition under present law, including an
exception for Greene County. This bill removes the exception for Greene
County, thereby transferring probate duties from the county clerk to
the clerk of the court with probate jurisdiction. Also, revises
provisions regarding administration of estates in Greene County,
including dismissal of cases for certain circumstances. (S: Southerland;
H: Hawk)
Amendment: House Judiciary Committee amendment 1 establishes an effective date of July 1, 2011.
Senate Status: Referred to Senate Judiciary.
House Status: House General Subcommittee of Finance 04/06/2011 set behind budget after adopting amendments 1 and 2.
|
SB 0961
Beavers
HB 1420
White M.
|
Compensation payable to guardians. Decreases the maximum amount
of compensation payable to guardians under the Uniform Veterans'
Guardianship Law from seven to five percent of the amount of moneys
received during the period covered by the account or $250 a year when
five percent of the income does not adequately compensate the guardian.
(S: Beavers; H: White M.)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House General Subcommittee of Children & Family Affairs.
|
SB 0962
Beavers
HB 1422
White M.
|
Maximum property value disposable through verbal will. Increases
the maximum value of property a person may dispose of through the use of
a nuncupative (verbal) will from $1,000 to $10,000 and allows persons
in the active military, air or naval service in the time of war to
dispose of a maximum of $50,000 instead of $10,000. (S: Beavers; H:
White M.)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House General Subcommittee of Judiciary.
|
SB 0963
Beavers
HB 1423
White M.
|
Reports concerning property that may be subject to escheat. Requires
administrators, executors, trustees, guardians, or similar fiduciaries
to file a report with information regarding the nature, location,
approximate value, and potential claims for property subject to escheat
to the state within 60 days after receipt of information giving reason
to believe the property is likely to escheat. (S: Beavers; H: White M.)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House General Subcommittee of Judiciary.
|
SB 0964
Beavers
HB 1424
White M.
|
Mailing of copies of exceptions by clerk. Increases the time
given the clerk to mail copies of a clerk's decision on exceptions of
persons interested in an estate to the personal representative and their
attorney of record from five days to ten days. (S: Beavers; H: White
M.)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House General Subcommittee of Judiciary.
|
SB 0966
Beavers
HB 1426
White M.
|
Actions against personal representative of a decedent. Decreases
the maximum amount of time allowed to bring a claim against a personal
representative of a decedent from seven to six years after the
decedent's death. (S: Beavers; H: White M.)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House General Subcommittee of Judiciary.
|
SB 1187
Burks
HB 1961
Williams R.
|
Sale of property of a minor. Makes exception, for property sold
at public auction, to the prohibition against a fiduciary, relative of a
fiduciary, employee of a fiduciary, guardian ad litem or attorney for
any party purchasing the property of the minor or disabled person
without court approval. (S: Burks; H: Williams R.)
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice 03/30/2011 in House General Subcommittee of Judiciary.
|
SB 1299
Johnson J.
HB 1920
Matlock
|
Advertisement for judicial or trust sales. Changes the number of
newspaper publication requirements for judicial or trust sales to one
time, instead of three times. Clarifies what the newspaper advertisement
must include in its property description. Prohibits any error or defect
in the property description from voiding the sale of such property. (S:
Johnson J.; H: Matlock)
House Co-Sponsors: Tindell; Pitts; Sexton; Montgomery; Casada; Sargent; Harmon; Johnson C.
Senate Status: Senate Judiciary deferred to 5/04/2011.
House Status: House Judiciary Committee deferred to 05/03/2011.
|
SB 1582
Ketron
HB 1880
Sargent
|
Manufacturers of motor vehicles in the zone of insolvency. Specifies
that only manufacturers of motor vehicles within the zone of insolvency
are required to hold certain funds in trust. Specifies that a
manufacturer is presumed to be within the
zone of insolvency during the 180 day period prior to the filing of a
petition for relief under the United States bankruptcy code. (S:
Ketron; H: Sargent)
Senate Status: Referred to Senate Judiciary.
House Status: House Judiciary Committee deferred to 05/03/2011.
|
SB 1841
Southerland
HB 1907
McDaniel
|
Publication of notice - trust sales. Requires first publication
notice for any sale of land to foreclose a deed of trust, mortgage or
other lien securing the payment of money or other thing of value or
under judicial orders or process is to be at least 30 days previous to
the sale. Current law specifies at least 20 days previous to the sale.
(S: Southerland; H: McDaniel)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House General Subcommittee of Judiciary.
|
FAMILY LAW |
SB 0084
Campfield
HB 0021
Hardaway
|
Establishes office of noncustodial parent advocacy. Creates a
pilot project establishing the office of noncustodial parent advocacy to
assist unwed noncustodial parents obtain visitation rights to their
children. (S: Campfield; H: Hardaway)
Senate Status: Referred to Senate Government Operations.
House Status: Taken off notice 04/05/2011 in House General Subcommittee of Children & Family Affairs.
|
SB 0085
Campfield
HB 0095
Hardaway
|
False report of child abuse or child sexual abuse. Increases the
penalty for knowingly making a false report of child abuse or child
sexual abuse from a Class E felony to a Class D felony if at the time
the report is made the defendant is a party in a custody or visitation
determination, the petition or complaint regarding such custody or
visitation determination has been filed with the court and served on the
person against whom the report is made, the custody or visitation
determination involves the person against whom the report is made, and
the report is made for the purpose of delay or to gain advantage in the
custody or visitation determination. (S: Campfield; H: Hardaway)
Senate Status: Referred to Senate Judiciary.
House Status: House General Subcommittee of Judiciary deferred to 2012.
|
SB 0117
Campfield
HB 0423
Hardaway
|
Equally shared parenting in best interest of the child. Requires
there to be a rebuttable presumption that equally shared parenting is in
the best interest of the child, unless the court finds by a
preponderance of evidence to the contrary or where the parents have
agreed to a different custody arrangement. (S: Campfield; H: Hardaway)
Senate Status: Referred to Senate Judiciary.
House Status: House General Subcommittee of Children & Family Affairs deferred to the first calendar of 2012.
|
SB 0118
Campfield
HB 0422
Hardaway
|
Noncompliance & expedited hearings for parent visitations. Allows
either party of a visitation agreement to file a petition for an
expedited hearing pursuant to the rules governing expedited hearings for
support. Reduces the length of time that determines whether a parent is
in noncompliance with a court ordered visitation from six to three
months. (S: Campfield; H: Hardaway)
Senate Status: Referred to Senate Judiciary.
House Status: House General Subcommittee of Children & Family Affairs deferred to the first calendar of 2012.
|
SB 0119
Campfield
HB 0421
Hardaway
|
Obligor and recipient to pay certain fees for child support. Requires
fees over 500 dollars collected for child support be paid by obligor
and recipient of the child support payments. Prohibits this from
applying to persons who meet the eligibility criteria for receipt of
temporary assistance for needy families (TANF) or a successor program.
(S: Campfield; H: Hardaway)
Senate Status: Referred to Senate Judiciary.
House Status: House General Subcommittee of Children & Family Affairs deferred to the first calendar of 2012.
|
SB 0122
Campfield
HB 0419
Hardaway
|
Recovery of child support from the biological father. Authorizes
man who has paid child support for a child who is not his biological
child to recover such child support from the biological father.
Prohibits the recovery from exceeding amount actually paid. Prohibits a
parent or custodian from recovering from both a biological father and a
legal father of the child for the same time period. (S: Campfield; H:
Hardaway)
Senate Status: Referred to Senate Judiciary.
House Status: Failed 03/15/2011 in House General Subcommittee of Children & Family Affairs for lack of a second motion.
|
SB 0123
Campfield
HB 0418
Hardaway
|
Payer of child visitation can select provider. Authorizes parent
or guardian who pays for supervision of child visitation to select
provider of visitation supervision services. (S: Campfield; H: Hardaway)
Senate Status: Referred to Senate Judiciary.
House Status: House General Subcommittee of Children & Family Affairs deferred to the first calendar of 2012.
|
SB 0126
Campfield
HB 0416
Hardaway
|
Order of protection's effects on custodial arrangements. Prohibits
custodial arrangements from being changed due to an order of protection
against the custodial parent unless the child is the victim of child
abuse or the effects of domestic violence. (S: Campfield; H: Hardaway)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House General Subcommittee of Children & Family Affairs.
|
SB 0285
Bell
HB 0092
Hardaway
|
Expedited hearings for visitation agreement violations. Entitles
either party to a visitation agreement to file a petition for an
expedited hearing pursuant to the provisions governing expedited
hearings for support and reduces period of time for non-compliance with
an order of visitation from six months to three months. (S: Bell; H:
Hardaway)
Senate Status: Referred to Senate Judiciary.
House Status: House General Subcommittee of Children & Family Affairs deferred to the first calendar of 2012.
|
SB 0286
Bell
HB 0090
Hardaway
|
Equally shared parenting as standard custody arrangement. 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. (S: Bell; H: Hardaway)
Senate Status: Referred to Senate Judiciary.
House Status: House General Subcommittee of Children & Family Affairs deferred to the first calendar of 2012.
|
SB 0287
Bell
HB 0085
Hardaway
|
Notice and grounds for termination of parental rights. Extends
the definition of "willfully failed to support" as grounds for
abandonment for the purpose of terminating the parent/guardian
relationship as not only including willful failure to provide monetary
support for four consecutive months, but in addition to include failure
to provide more than token payments toward the support of the child.
Adds to the requirements for a finding of "willful failure to support"
that a written court order or ratified permanency plan has required the
parent/guardian to pay child support and a written court order has been
provided to the parent/guardian that failure to pay child support for
four consecutive months constitutes abandonment and can result in
termination of the relationship or that diligent efforts were made to
provide such written notice at least four months before a petition for
termination of parental rights was filed. Adds the same notice
requirement to allow a finding of
"willfully failed to visit" in the case that there is any pending court
action involving paternity, custody, support, or visitation. Includes
the alleged biological parents among those whose rights can be
terminated for failure to pay a share of the pre or post birth expenses,
to provide child support, or to seek visitations. Clarifies that
parental rights can be terminated for failure to support regardless of
whether or not there is a court order to make payments. Continues to
subject only legal parents/guardians, putative fathers, and fathers
seeking to establish paternity to termination of parental rights on the
grounds of failure to manifest an ability or willingness to assume legal
and physical custody of the child, custody would pose a risk of
substantial harm to the child, failure to petition to establish
paternity after receiving notice of the termination or adoption
proceeding, and does not subject an alleged biological parent to
termination for any of the above three grounds.
(S: Bell; H: Hardaway)
Senate Status: Referred to Senate Judiciary.
House Status: House General Subcommittee of Children & Family Affairs deferred to the first calendar of 2012.
|
SB 0464
Johnson J.
HB 0415
Gotto
|
Vacating residence after issuance of order of protection. Specifies
that an order of protection issued to protect the petitioner from
domestic abuse, stalking or domestic assault may require respondent to
immediately and temporarily vacate a residence shared with the
petitioner pending a hearing on the matter. (S: Johnson J.; H: Gotto)
Senate Status: Senate Judiciary recommended 04/27/2011. Sent to Senate Calendar Committee.
House Status: House passed 03/21/2011.
|
SB 0475
Woodson
HB 0374
Haynes R.
|
Law enforcement requirements regarding orders of protection. Removes
the requirement that local law enforcement enter an order of protection
or dismissal of order into the Tennessee crime information system. (S:
Woodson; H: Haynes R.)
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice 03/01/2011 in House Judiciary.
|
SB 0509
Faulk
HB 0570
Dennis
|
Petitioner charged costs for certain orders of protection. Allows
the court to charge a petitioner all costs and fees related to the
petitioner seeking an order of protection after the court finds three
things after conducting a separate hearing and finding: that the
petitioner is not a domestic abuse, stalking, or sexual assault victim;
that the reason to not issue or extend the order is based on the
petitioner not being one of the previous victims just noted; and that
the petition was filed frivolously. (S: Faulk; H: Dennis)
Amendment: Senate amendment 1 deletes the original bill.
Authorizes courts to assess all court costs, filing fees, litigation
taxes, and attorney fees against a petitioner seeking an order of
protection if the court does not issue or extend an order of protection
and conducts two separate hearings from the hearing on the petition at
which it is determined that the petition was filed frivolously, the
petitioner is not a victim of domestic abuse, stalking, or sexual
assault, and the refusal to issue or extend an order was based on such
fact and not because the petitioner requested the petition to be
dismissed, failed to attend the hearing or incorrectly filled out the
petition. House amendment 1 removes the requirement under the original
bill that the court must conduct a hearing separate from the hearing on
the petition prior to assessing court costs, filling fees, litigation
taxes, and attorney fees against the petitioner. Deletes the condition
that the petitioner filed the
petition frivolously and replaces it with the condition that the
petitioner knew that the allegation of domestic abuse, stalking, or
sexual assault was false at the time the petition was filed.
Senate Status: Senate 04/04/2011 passed with amendment 1.
House Status: House 04/27/2011 passed with amendment 1. House
amendment 1 removes the requirement under the original bill that the
court must conduct a hearing separate from the hearing on the petition
prior to assessing court costs, filling fees, litigation taxes, and
attorney fees against the petitioner. Deletes the condition that the
petitioner filed the petition frivolously and replaces it with the
condition that the petitioner knew that the allegation of domestic
abuse, stalking, or sexual assault was false at the time the petition
was filed.
|
SB 0513
Faulk
HB 0536
Stewart M.
Public Chapter (PDF)
|
Remedies under Uniform Interstate Family Support Act. Corrects
typographical error in Public Chapter 901 by inserting the word "or" in
section specifying that remedies under the chapter are cumulative. (S:
Faulk; H: Stewart M.)
Senate Status: Senate 02/28/2011 passed.
House Status: House passed 03/28/2011.
Other Status: Enacted as Public Chapter 0055 (effective 04/11/2011).
|
SB 0567
Berke
HB 0685
Maggart
|
GPS monitoring as condition of bail. Authorizes the magistrate to
order any defendant who is arrested for the offense of stalking or
domestic violence to carry or wear a GPS device, which notifies the
victim if the defendant is at or near a location the defendant has been
refrained from going, and to pay the costs associated with operating
that system as a condition of release or bail. Authorizes the magistrate
to allow a defendant to perform community service in lieu of paying the
cost. Requires the magistrate to afford an alleged victim the
opportunity to provide a list of areas from which the victim would like
the defendant excludes. Requires the magistrate to provide an alleged
victim with the following information: the victim's right to participate
or refuse in the GPS monitoring system, the manner in which the GPS
device functions, locations the defendant is refrained from going, the
procedure the victim is to follow if the defendant violates a condition
of bond, and
community services available to assist the victim in obtaining shelter.
The magistrate must also provide the victim with the name and telephone
number of an appropriate person employed by a local law enforcement
agency who the victim can call to request immediate assistance. (S:
Berke; H: Maggart)
Amendment: Senate amendment 1 corrects a code reference.
Senate Status: Senate 04/07/2011 passed with amendment 1, which corrects a code reference.
House Status: House Judiciary Committee deferred to 05/03/2011.
|
SB 0713
Woodson
HB 0695
Maggart
|
Penalty for second offense domestic assault. Increases the
penalties for a second or subsequent conviction of domestic assault to
include additional monetary fines and required jail or workhouse time.
Allows the judge discretion to order the person to a court-approved
anger management and domestic violence treatment program on the second
domestic assault offense only. (S: Woodson; H: Maggart)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House General Subcommittee of Judiciary.
|
SB 0803
Berke
HB 0571
Dennis
|
Court ordered child custody arrangements. Requires a court to
order a child custody arrangement that allows both parents to enjoy the
maximum amount of participation possible in the child's life while
taking into account the child's best interest, the locations of both the
parent's residences, and the child's need for stability among other
factors. (S: Berke; H: Dennis)
Senate Status: Senate Judiciary recommended 04/27/2011. Sent to Senate Calendar Committee.
House Status: House passed 04/04/2011.
|
SB 0805
Bell
HB 1491
DeBerry L.
|
Reimbursement of lodging for domestic violence victims. Allows
reimbursement from the criminal injuries compensation fund for the
reasonable costs of temporary lodging for the victim of domestic
violence, not to exceed 14 days, as long as the lodging organization
does not receive other state or federal funds that could pay for such
costs. (S: Bell; H: DeBerry L.)
House Co-Sponsor: Camper
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary.
|
SB 0856
Barnes
HB 0983
Pitts
Public Chapter (PDF)
|
Eliminates orders of protection file in TBI database. Removes
requirement that law enforcement agencies enter order of protection
information into the TN crime information system, instead requiring that
all entries be transmitted to the national crime information center.
Requires, within two years, elimination of the entire TN orders of
protection file from the TBI database. (S: Barnes; H: Pitts)
Senate Status: Senate 03/21/2011 passed.
House Status: House passed 03/07/2011.
Other Status: Enacted as Public Chapter 0039 (effective 04/05/2000).
|
SB 0863
Crowe
HB 0747
Hill
|
Ex parte orders of protection. Increases the amount of days
allowed for a hearing to take place following service of a protection
order from 15 to 28 days. Requires a law enforcement officer to file a
report with their supervisor when probable cause exists to believe a
person is a victim of domestic abuse, stalking, or sexual assault.
Requires the report be transferred to a judge who may then issue an ex
parte order of protection upon a showing of good cause. Adds language
relating to the rules governing protection order hearings to be included
on protection orders issued on or after July 1, 2011. (S: Crowe; H:
Hill)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House General Subcommittee of Judiciary.
|
SB 0865
Crowe
HB 0746
Hill
|
Orders of protection. Increases the number of days within which a
hearing must take place following service of a protection order from 15
to 28 days. Requires the court, if extending an order of protection at
the end of a hearing, to make specific findings of fact that a person
has committed domestic abuse. Makes subject to arrest any person who
violates an order of protection, including an ex parte order of
protection. Requires a law enforcement officer to file a report with
their supervisor when probable cause exists to believe a person is a
victim of domestic abuse, stalking, or sexual assault. Requires the
report be transmitted to a judge who may then issue an ex parte order of
protection upon a showing of good cause. Adds language relating to the
rules governing protection order hearings to be included on protection
orders issued on or after July 1, 2011. (S: Crowe; H: Hill)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House General Subcommittee of Judiciary.
|
SB 0959
Beavers
HB 1418
White M.
|
Child support hearings - service of process. Shortens the period
of time in which hearings for child support cases not being enforced
pursuant to Title IV-D of the Social Security Act shall be heard from
within 45 days to within 35 days of the service of process. Broadly
captioned. (S: Beavers; H: White M.)
Senate Status: Referred to Senate Judiciary.
House Status: House Children & Family Affairs deferred to summer study.
|
SB 1125
Marrero
HB 1326
Jones S.
|
Adoption petition by foster parents. Specifies that no preference
shall be given to a child's relatives when a child has resided in a
foster home for at least twelve or more consecutive months prior to the
filing of the foster parents' adoption petition. (S: Marrero; H: Jones
S.)
Amendment: House Children and Family Affairs amendment 1
rewrites the bill. Grants foster parents first preference in adopting a
foster child who has resided with the foster parents for 12 consecutive
months preceding the filing of an adoption petition, provided that
preference for the adoption may be given to a relative with whom the
child has a substantial relationship. A relative means any person who
was a legal relative as defined by Tenn. Code Ann. ? 36-1-102 prior to a
termination or surrender of parental rights.
Senate Status: Referred to Senate Judiciary.
House Status: Set for House Floor 04/28/2011.
|
SB 1130
Marrero
HB 1320
Jones S.
|
Parenting plans when domestic violence is involved. Creates a
presumption that a parent with a history of specified abuse shall not be
awarded sole or joint custody of a child in all proceedings in which
child custody is an issue, subject to rebuttal by proof of specified
facts. Creates a presumption that supervised visitation only is in the
best interest of the child when parents have committed sexual abuse or
incest. Clarifies that mediation shall not be used to resolve custody
disputes in cases of domestic or family violence. Deletes and makes
additions to the list of conduct giving cause to limit a parent's
custody or visitation rights and prohibits the granting of sole or joint
custody to any parent who has engaged in such specified conduct.
Creates a presumption a parent had good cause to withhold a child when
the other parent has engaged in specified conduct. Creates a presumption
supervised contact is required for convicted parents. Excuses violence
and abuse victims
from court costs associated with child custody issues. Requires all
custody and visitation orders include a restraining order that prohibits
specified contact and communication in cases involving domestic
violence. Authorizes the court to award sole custody to a third party or
the parent least likely to abuse when both parents have a history of
abuse and requires the court to mandate completion of an intervention
program by the custodial parent. Removes a provision prohibiting courts
ordering permanent parenting plans from drawing any presumptions from
temporary orders. Removes authorization of the use of evidence submitted
by a guardian ad litem in custody cases. Requires current training be
maintained by mental health professionals assisting in domestic violence
cases. (S: Marrero; H: Jones S.)
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice 03/29/2011 in House General Subcommittee of Children & Family Affairs.
|
SB 1148
Gresham
HB 1322
Jones S.
|
Forensic interview with child who is sexual abuse victim. Requires
a child advocacy center to perform the initial forensic interview with a
child who is the alleged victim of child sexual abuse. (S: Gresham; H:
Jones S.)
Senate Status: Referred to Senate Judiciary.
House Status: House Children & Family Affairs deferred to summer study.
|
SB 1149
Gresham
HB 1329
Jones S.
|
Contact with victims of child abuse. Authorizes the court to
prohibit a person convicted of child abuse from having any contact with
the victim of the offense, provided that the person has no parental
rights to such victim at the time of the court's order. Broadly
captioned. (S: Gresham; H: Jones S.)
Senate Status: Referred to Senate Judiciary.
House Status: House passed 04/21/2011.
|
SB 1150
Gresham
HB 1332
Jones S.
|
Custody of abused children. Requires that there be a rebuttable
presumption that returning an abused or neglected child to the custody
of an abusive or neglectful parent is not in the best interest of the
child. Requires that the presumption only be rebutted by a court finding
that the parent has spent at least one year in counseling with a
trained mental health professional, who must also testify before the
court that the parent is no longer a threat to the child. (S: Gresham;
H: Jones S.)
Amendment: House Children and Family Affairs amendment 1
rewrites the bill. Requires that no child who has been found to be a
victim of severe child abuse shall be returned to the custody of any
person who engaged in or knowingly failed to protect the child from the
abuse. Requires the court to file written findings of fact within 30
days of the close of the hearing or if an appeal or petition for
certiorari is filed, within five days after the entry of the order
without the consent of the Department of Children's Services and the
petitioner. Deletes the requirement that the court consider reports and
recommendations from the Commissioner of DCS, a physician, or a
multidisciplinary protective team. Adds the words "serious bodily harm"
to the definition of severe child abuse.
Senate Status: Referred to Senate Judiciary.
House Status: Set for House Calendar & Rules Committee 04/28/2011.
|
SB 1172
Berke
HB 0714
Brooks, Harry
Public Chapter (PDF)
|
Support payments and rights of non-custodial parents. Clarifies
the definition of "dissipation" in regards to equitable division of
marital property as wasteful expenditures before or after the marriage
the other spouse could not have reasonably known of and were made for
purposes unrelated to the marriage. Excludes periodic payments from
retirement and pension benefits from being considered when determining
an ex-spouse's right to receive alimony or child support. Includes in
the determination of alimony and child support rights lump sums in
individual retirement accounts but not the income generated off of
investment of such lump sums. Expands the rights of non-custodial,
biological parents to include, in addition to currently enumerated
rights, the right to 48 hour notice of and to participate in specified
extra-curricular activities, to receive an itinerary for out-of-state
trips exceeding two days, and the right to access and participation in
education. Clarifies that a
person or corporation in contempt of court can be fined for each day in
contempt until damages ordered by the court are paid in addition to
performing acts ordered by the court. (S: Berke; H: Brooks, Harry)
Amendment: Senate amendment 1 clarifies that awards of
retirement or pension benefits determined to be marital property,
instead of considered in the division of marital property, are not to be
considered income for the purpose of determining a spouse's right to
alimony. Allows income generated by the investment of awards of pension
or retirement benefits determined to be marital property and distributed
to complete the marital property division, instead of considered in a
marital property division, may be considered income for the purpose of
determining a spouse's right to receive alimony. Senate amendment 2
changes the definition of dissipation of assets to include expenditures
reducing the marital property available for equitable distribution and
made for purposes contrary to the marriage either before or after a
complaint for divorce or separation has been filed, instead of defined
as expenditures made not consistent with spending patterns and unrelated
to the marriage
either before or after the marriage has been determined to be
irretrievably broken.
Senate Status: Senate 04/04/2011 passed with amendments 1 and 2.
House Status: House passed 04/11/2011.
Other Status: Enacted as Public Chapter 0119 (effective 04/25/2011).
|
SB 1339
Campfield
HB 1793
Hardaway
|
Domestic violence counseling prior to hearing. Requires a victim
of domestic violence who petitions for an order of protection and
respondent to attend one hour of domestic violence counseling prior to
hearing on the order. Clarifies that the victim and respondent are not
required to attend the domestic counseling sessions together or in the
same location as the same time. Requires costs of counseling to be
assessed against the respondent in certain cases. (S: Campfield; H:
Hardaway)
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice 04/20/2011 in House General Subcommittee of Judiciary.
|
SB 1340
Campfield
HB 1790
Hardaway
|
Orders of protection - mandatory counseling for violator. Allows a
court to order mandatory counseling for a first time violator of an
order of protection and optional counseling for the victim. Requires the
costs of the counseling to be paid by the defendant unless the
defendant is indigent. Specifies that the defendant may be fined $3,000
for each subsequent violation of the order of protection. (S: Campfield;
H: Hardaway)
Senate Status: Referred to Senate Judiciary.
House Status: House General Subcommittee of Judiciary deferred to 05/04/2011.
|
SB 1492
Marrero
HB 1918
Stewart M.
|
Juvenile court to determine whether a parent is indigent. Allows
juvenile court to hold a hearing and take testimony if necessary to
determine the ability of child's parent to pay for all or part of costs
associated with the child's placement in a secure juvenile detention
facility. Prohibits a parent who is indigent from being required to pay.
Broadly captioned. (S: Marrero; H: Stewart M.)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House General Subcommittee of Judiciary.
|
SB 1535
Norris
HB 2006
McCormick
|
Proper venue for children's services certain proceedings. Specifies
the proper venue for proceedings in which a child who is in the custody
of the department of children's services is alleged to be unruly to be
either the court exercising exclusive original jurisdiction or in the
court which issued the order granting custody to the department. (Part
of Administration Package) (S: Norris; H: McCormick)
Senate Co-Sponsor: Bell
House Co-Sponsor: Brooks, Kevin
Senate Status: Set for Senate Judiciary Committee 04/27/2011.
House Status: House passed 04/04/2011.
|
SB 1578
Summerville
HB 1223
Bass
|
Child custody determinations - attitudes of parent. Requires
court to consider the behavior and attitude each parent has displayed
with regard to familial obligations, including but not limited to any
instances of adultery while married to the child's other parent, when
making a child custody determination. (S: Summerville; H: Bass)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House General Subcommittee of Children & Family Affairs.
|
SB 1852
Crowe
HB 1698
Hill
|
Grandparent visitation. Requires the court to consider the
following matters in determining the best interests of child for
grandparent visitation: if the child's parent deprives the grandparent
of the opportunity to see the child, including denying visitation for
more than 90 days, if the grandparent maintained a relationship similar
to a parent-child relationship, if awarding grandparent visitation would
interfere with the parent's relationship with the child, if the court
finds by clear and convincing evidence that the child's parents are
unfit or if the court finds by clear and convincing evidence that there
are compelling circumstances to overcome the presumption that the
objection of the custodial parent is in the child's best interest.
Removes current law's requirements that the court consider preference of
the child if the child is sufficiently mature, the good faith of the
grandparent, and whether a parent is divorced or deceased. Allows the
judge to award attorney's
fees and costs to the prevailing party. (S: Crowe; H: Hill)
Amendment: House Children and Family Affairs amendment 1
rewrites the bill. Adds four factors to the current list of factors a
court is required to consider in determining the best interests of a
child in regards to granting grandparent visitations instead of
replacing the current statutory requirements altogether. Permits the
court to award attorneys fees to the prevailing party.
Senate Status: Senate Judiciary deferred to 04/19/2011.
House Status: House Children & Family Affairs 03/30/2011 recommended with amendment 1. Sent to House Calendar & Rules.
|
SB 2034
Ford O.
HB 1220
Camper
|
Preference of child regarding relocation of parent. Requires the
court to consider when applicable the reasonable preference of a child,
who is 10 instead of 12, when determining whether to allow a custodial
parent to relocate more than 100 miles from the noncustodial parent. (S:
Ford O.; H: Camper)
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice 04/05/2011 in House General Subcommittee of Children & Family Affairs till 2012.
|
HB 0083
Hardaway
|
Petitioner must pay if order of protection is dismissed. Requires
the petitioner for order of protection to pay court costs and attorney
fees if the petition is dismissed, instead of the respondent having to
pay if the petition is dismissed. (H: Hardaway)
House Status: Referred to House General Subcommittee of Judiciary.
|
HB 0365
Campbell S.
|
Drug screening for temporary assistance recipients required. Directs
the commissioner of human services to design and implement a substance
abuse screening program for persons seeking temporary assistance for
their dependent children. Requires the program to drug test prior to
granting assistance and once yearly at random. Disqualifies those who
test positive for substance abuse or who refuse to participate in
testing from receiving assistance. (H: Campbell S.)
House Status: Referred to House General Subcommittee of Health & Human Resources.
|
GOVERNMENT CONTRACTS |
SB 1041
Ketron
HB 0478
Curtiss
|
Contracting for services - use of state employees. Requires
certain commissioners and directors to certify to the comptroller that
state employees could not have been used instead of contracting with
outside entities in rendering services required under certain contracts.
Requires such commissioners or directors to attach to the certification
persuasive written reasons as to the inability of the department or
agency's employees to perform the services required under the contract.
Broadly captioned. (S: Ketron; H: Curtiss)
Senate Status: Taken off notice in Senate State & Local Government 03/22/2011.
House Status: House State & Local Government deferred to 2012.
|
SB 1355
Finney L.
HB 1516
Turner M.
|
Employer to verify status of employees for state contracts. Restructures
and rewords provisions prohibiting the use of illegal immigrants in
providing services to government entities. Maintains all previous
prohibitions and additionally prohibits government employers, general
contractors, or any person providing services under a public contract to
hire a person after January 1, 2012 without verifying the employees'
work authorization status under the federal work authorization program.
Requires a general contractor under a public contract to obtain two of
three forms of identification including a driver's license, birth
certificate, or social security card from any subcontractors they hire,
in addition to copies of the persons work authorization status. Requires
the commissioner of labor and workforce development to investigate
persons working under a public contract if a complaint is filed and
there is reason to believe a violation has occurred or if the
commissioner has reason
to believe a violation has occurred, which will result in a hearing if
substantial evidence exists. Provides for the right of appeal to a
commissioner's hearing within 15 days of receipt of notice of the
decision, and requires the name of the person initiating the complaint
be revealed upon request. Sets out guidelines for license suspension,
revocation and prohibition from participating in public contracts for
first-time and subsequent violators and the required notice of such
penalties to the violator. Prohibits ownership of 51 percent of an
entity requiring a license that the owner has already had revoked from
another entity in which the person owned at least 51 percent of. (10
pp.) (S: Finney L.; H: Turner M.)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: House General Subcommittee of State & Local Government deferred to 2012.
|
SB 2009
Stewart E.
HB 0337
Brooks, Kevin
|
Nonprofit citizen organizations to support Volunteer TN. Authorizes
a nonprofit citizen support organization to be organized in order to
maintain and enhance the purposes, programs and functions of Volunteer
Tennessee. Allows the commissioner of finance and administration to
enter into agreements with such organizations for the purpose of
providing support, financial or otherwise, to Volunteer Tennessee.
Requires the agreement to be forwarded to the comptroller of the
treasury for review and comment prior to the execution by an authorized
state official. Defines "citizen organization" as a nonprofit
corporation, exempt from payment of federal income tax, is incorporated
for purposes that are consistent with the goals of Volunteer Tennessee,
and provides equal opportunities and membership to all persons. Requires
all annual reports and all books of accounts and financial records of a
citizen support organization to be subject to an annual audit by the
comptroller of the
treasury. Establishes procedure for depositing monetary gifts,
equipment, and material into an account for Volunteer Tennessee program.
(S: Stewart E.; H: Brooks, Kevin)
Amendment: House Finance amendment 1, Senate amendment 1
deletes language in the original bill specifying an amount of $5,000,000
that is overseen by Volunteer Tennessee. Deletes language stating the
intent that state appropriations not be reduced when revenues are
generated by organizations for Volunteer Tennessee. Deletes language
requiring certain audits of such organizations be performed by the
Comptroller of the Treasury.
Senate Status: Senate 04/04/2011 passed with amendment 1.
House Status: Set for House Floor 04/28/2011.
|
SB 2016
Stewart E.
HB 0811
Turner M.
|
Allowances for Tennessee businesses. Defines Tennessee businesses
as for profit businesses that performs a commercially useful function
with residence in Tennessee. Authorizes certain allowances for Tennessee
businesses in the evaluation of bids and proposals for state contracts,
including ten percent for contracts up to one million, seven-and-a-half
percent for contracts up to ten million, five percent for contracts up
to 25 million, and two-and-a-half percent for contracts exceeding 50
million. (S: Stewart E.; H: Turner M.)
Senate Status: Referred to Senate State & Local Government.
House Status: Taken off notice 04/26/2011 in House State & Local Government.
|
HB 0329
Casada
|
Equal Access to Local Government Contracts and Services Act. Enacts
the "Equal Access to Local Government Contracts and Services Act."
Prohibits a local government from imposing on or making applicable to
any person an anti-discrimination practice, standard, definition or
provision that deviates from the definition of "discriminatory
practices" already existing in TN Code Annotated. Establishes that any
such anti-discrimination practice or definition imposed or made
applicable to any person by and local government prior to the effective
date of this act must be null and void. Broadly captioned. (H: Casada)
House Status: Withdrawn in House 2/10/11.
|
HB 0330
Casada
|
Equal Access to Local Government Contracts and Services Act. Enacts
the "Equal Access to Local Government Contracts and Services Act."
Prohibits a local government from imposing on or making applicable to
any person an anti-discrimination practice, standard, definition or
provision that deviates from the definition of "discriminatory
practices" already existing in TN Code Annotated. Establishes that any
such anti-discrimination practice or definition imposed or made
applicable to any person by and local government prior to the effective
date of this act must be null and void. Limits the only
anti-discrimination employment practices or standards that may be
legally enacted or enforced by a local government with respect to any
person contracting or doing business with the local government to the
following: race, creed, color, religion, sex, age or national origin.
Broadly captioned. (H: Casada)
House Status: Withdrawn in House 2/10/11.
|
HB 0331
Casada
|
Equal Access to Local Government Contracts and Services Act. Enacts
the "Equal Access to Local Government Contracts and Services Act."
Prohibits a local government from imposing on or making applicable to
any person an anti-discrimination practice, standard, definition or
provision that deviates from the definition of "discriminatory
practices" already existing in TN Code Annotated. Defines "national
origin" and "person". Establishes that any such anti-discrimination
practice or definition imposed or made applicable to any person by and
local government prior to the effective date of this act must be null
and void. Limits the only anti-discrimination employment practices or
standards that may be legally enacted or enforced by a local government
with respect to any person contracting or doing business with the local
government to the following: race, creed, color, religion, sex, age or
national origin. (H: Casada)
House Status: Withdrawn in House 2/10/11.
|
GOVERNMENT ORGANIZATION |
SB 0001
Norris
HB 0846
McCormick
|
Redistricting - state senatorial districts. Deletes references to
the 102nd general assembly and replaces them with language referring to
the 107th general assembly for purposes of redistricting in regard to
state senatorial districts. Also deletes references to the November 2002
general election and replaces such language with the November 2012
election. Clarifies the legislative intent that all senate districts be
contiguous and that contiguity by water is sufficient. (S: Norris; H:
McCormick)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House General Subcommittee of State & Local Government.
|
SB 0002
Norris
HB 0845
McCormick
|
Redistricting - state representative districts. Specifies that
geographic areas, boundaries and population counts used for
redistricting are to be based on the 2010 federal decennial census
rather than the 2000 census. Also specifies provisions concerning
districts, terms and vacancies prior to November 2012 elections.
Clarifies that state house districts are not affected by reapportionment
of county legislative bodies. (S: Norris; H: McCormick)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House General Subcommittee of State & Local Government.
|
SB 0003
Norris
HB 0844
McCormick
|
Redistricting - congressional districts. Updates census
references to specify the 2010 federal decennial census rather than the
2000 census for purposes of the TIGER system. Clarifies that the
legislative intent is that all congressional districts be contiguous and
that contiguity by water is sufficient. (S: Norris; H: McCormick)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House General Subcommittee of State & Local Government.
|
SB 0005
Norris
HB 0843
McCormick
|
Redistricting - congressional districts. Specifies that the
intention of the general assembly in passing a congressional
redistricting plan is to do so in a manner that complies with state and
federal constitutional mandates as well as applicable judicial
decisions. (S: Norris; H: McCormick)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House General Subcommittee of State & Local Government.
|
SB 0018
Norris
HB 0008
McCormick
Public Chapter (PDF)
|
Codify the general and public statutes of TN. Codifies the acts of the 2010 legislative session. (S: Norris; H: McCormick)
Senate Status: Senate 02/14/2011 passed.
House Status: House passed 03/24/2011.
Other Status: Enacted as Public Chapter 0041 (effective 04/06/2011).
|
SB 0147
Watson B.
HB 0261
Cobb J.
|
Sunset - judicial council. Creates sunrise provision for the
judicial council, June 30, 2013. Removes authority for the council to
draft amendments or comment on bills brought before the council. (S:
Watson B.; H: Cobb J.)
Senate Status: Referred to Senate Government Operations.
House Status: Taken off notice 02/15/2011 in House Government Operations.
|
SB 0148
Watson B.
HB 0271
Cobb J.
|
Water quality control board members. Allows, instead of requires,
the governor to select members of the water quality control board from
lists of nominees submitted by Tennessee Conservation League, county
services association, Tennessee Farm Bureau, Tennessee Municipal League,
Tennessee Automotive Association, and Tennessee Association of
Business. (S: Watson B.; H: Cobb J.)
Senate Status: Referred to Senate Government Operations.
House Status: Referred to House Government Operations.
|
SB 0194
Watson B.
HB 0621
Cobb J.
|
Sunset - commission on children and youth. Extends the
termination date of the commission on children youth from June 30, 2011
to June 30, 2015. Orders the commission to report to the appropriate
joint subcommittee in July 2012 on the progress of the commission's
responses to audit findings and does not require a new audit prior to
the report. (S: Watson B.; H: Cobb J.)
House Co-Sponsors: Rich; Shipley
Senate Status: Senate Government Operations 04/27/2011 recommended. Sent to Calendar Committee.
House Status: House passed 03/21/2011.
|
SB 0201
Watson B.
HB 0667
Cobb J.
|
Sunset - bureau of ethics and campaign finance. Sunsets the bureau of ethics and campaign finance on June 30, 2012. (S: Watson B.; H: Cobb J.)
House Co-Sponsors: Rich; Shipley
Senate Status: Senate Government Operations deferred to the last calendar.
House Status: House passed 03/21/2011.
|
SB 0227
Watson B.
HB 0649
Cobb J.
|
Uniform Administrative Procedures Act. Removes the authority of
the House and Senate Government Operations Committees to stay for 60
days the running of the 75-day period between the time a rule is filed
with the secretary of state and the rule's effective date. (S: Watson
B.; H: Cobb J.)
House Co-Sponsors: Rich; Shipley
Senate Status: Referred to Senate Government Operations.
House Status: Referred to House Government Operations.
|
SB 0229
Watson B.
HB 0648
Cobb J.
|
Uniform Administrative Procedures Act. Increases from 60 to 75
days the period of time that the Senate and House Government Operations
Committees may stay the running of a permanent rule's effective date.
(S: Watson B.; H: Cobb J.)
House Co-Sponsors: Rich; Shipley
Senate Status: Referred to Senate Government Operations.
House Status: Referred to House Government Operations.
|
SB 0596
Finney L.
HB 0604
Pitts
|
Study on creation of department of aging and adult services. Creates
a special joint committee to study the creation of a department of
aging and adult services. Requires the committee to address issues
relating to reducing systemic fragmentation of services to aged persons,
the lack of a single point of entry for aged persons seeking services,
and enhancing system-wide planning for services to aged persons.
Specifies membership of committee. Broadly captioned. (S: Finney L.; H:
Pitts)
Senate Status: Referred to Senate Delayed Bills Committee.
House Status: Referred to House General Subcommittee of Health & Human Resources.
|
SB 0931
Norris
HB 0950
McCormick
Public Chapter (PDF)
|
TN Code Commission - changes when codifying acts. Authorizes the
Tennessee Code Commission to make certain changes when codifying acts of
the general assembly, so long as such changes are consistent with style
guidelines adopted by the commission and submitted to the senate and
house judiciary committees. (S: Norris; H: McCormick)
Senate Status: Senate 03/09/2011 passed.
House Status: House passed 03/24/2011.
Other Status: Enacted as Public Chapter 0048 (effective 04/06/2011).
|
SB 1473
Campfield
HB 1704
Hill
|
Delegates to federal constitutional convention. Requires
potential Tennessee delegates to the federal constitutional convention
to only vote for amendments to the federal constitution that the General
Assembly has adopted by resolution. Creates penalties for any delegate
that violates this section. (S: Campfield; H: Hill)
Senate Status: Referred to Senate State & Local Government.
House Status: Referred to House General Subcommittee of State & Local Government.
|
SB 1474
Campfield
HB 1705
Hill
|
Tennessee Nullification Reaffirmation Act. Directs the general
assembly to appoint a commission of recommendation which shall be
charged to recommend and propose for a vote by a constitutional majority
to nullify in its entirety a specific federal law or regulation which
is deemed to be outside the scope of U.S. Constitution or at odds with
the state constitution. Requires the commission to respond with its
recommendations within 30 days of receiving such federal legislation for
consideration. Gives the commission the power to reach back and take up
or review any and all existing federal statutes, mandates, and
executive orders for the purpose of determining the constitutionality,
and allows commission to recommend existing federal statutes, mandates,
and executive orders put in place prior to the passage of this act for
nullification. (S: Campfield; H: Hill)
Senate Status: Referred to Senate Delayed Bills Committee.
House Status: Referred to House General Subcommittee of State & Local Government.
|
SB 1521
Norris
HB 2009
McCormick
|
Composition of the regulatory authority. Decreases from four to
three the number of directors for the authority by removing position
presently filled by joint agreement among the governor, the speaker of
the senate and the speaker of the house of representatives. Requires
that any reserves of the authority remaining at the end of each fiscal
year be transferred to the general fund. (Part of Administration
Package) (S: Norris; H: McCormick)
Senate Co-Sponsor: Faulk
Amendment: Senate State and Local amendment 1, House State
and Local amendment 1 removes from the original bill the requirement
that any reserves of the Tennessee Regulatory Authority (TRA) shall
revert to the General Fund at the end of each fiscal year. Removes the
requirement that the chair assign each matter before the Authority to a
panel of at least two voting members from among the directors.
Senate Status: Senate State & Local Government recommended 04/25/2011 with amendment. Sent to Senate Finance, Ways and Means.
House Status: House State & Local Government 04/26/2011 recommended with amendment. Sent to House Government Operations.
|
SB 1607
Marrero
HB 2071
Kernell
|
Board of claims - powers and duties. Adds to the duties of the
board of claims to hear claims of compensation by persons granted
declaratory judgment after June 1, 2009 finding any state entity to have
permanently terminated a person's participation or enrollment in a
federally-funded program without procedurally complying with the uniform
administrative procedures act. Requires awards granted by the board of
claims to consider specified factors and not exceed $100,000 in the
aggregate. Requires all claims be filed with the board within one year
from the date of the declaratory judgment. (S: Marrero; H: Kernell)
Senate Status: Referred to Senate Judiciary.
House Status: House Judiciary Committee deferred to 2012.
|
HB 0972
DeBerry J.
|
General assembly - transparency in government. Applies same laws
to members of General Assembly as are applicable to elected local
officials which are enacted in the public interest to provide
transparency and accountability in government. (H: DeBerry J.)
House Status: Taken off notice 04/06/2011 in House General Subcommittee of State & Local Government.
|
HB 1099
Montgomery
|
Attorney general availability for hearing on legislation. Requires
the attorney general, or the attorney general's designee, to be
available for comment and testimony on pending legislation when time
prevents issuance of a written opinion. Broadly captioned. (H:
Montgomery)
House Status: Referred to House General Subcommittee of Judiciary.
|
SJR 0008
Faulk
|
Term limits for general assembly members. Proposes a
constitutional amendment that limits state senators to election to two
terms of service and representatives to election to four terms of
service. (S: Faulk)
Senate Status: Failed in Senate Judiciary 03/29/2011 after adopting amendment 1.
|
SJR 0020
Faulk
|
Constitutional amendment - election of attorney general. Proposes
a constitutional amendment to provide for the popular election of the
attorney general and reporter for the state. (S: Faulk)
Senate Status: Referred to Senate Judiciary.
|
SJR 0023
Beavers
|
Constitutional amendment - election of attorney general. Proposes
a constitutional amendment to provide for the popular election of the
attorney general and reporter for the state. (S: Beavers)
Senate Status: Senate Judiciary recommended after withdrawing
previously adopted Senate Judiciary amendment 1 02/22/2011. Sent to
Senate Finance, Ways & Means.
|
HJR 0047
McCormick
|
Transmittal & filing of state budget document of 2011-2012. Authorizes
transmittal of the state budget document for fiscal year 2011-2012 by
March 14, 2011. Authorizes filing of budget legislation by Monday, March
21, 2011. (H: McCormick)
House Co-Sponsor: Turner M.
Senate Status: Senate 02/14/2011 concurred.
House Status: House 02/09/2011 adopted.
Other Status: Signed by governor 02/17/2011.
|
HJR 0071
Harrison
|
Term limits for general assembly members. Proposes a
constitutional amendment that limits state senators to election to two
terms of service and representatives to election to four terms of
service. (H: Harrison)
House Status: Referred to House General Subcommittee of State & Local Government.
|
GOVERNMENT REGULATION |
SB 0048
Campfield
HB 0230
Dunn
|
Drug tests as condition of receiving public assistance. Requires
DHS to create a drug testing system to test recipients of public
assistance of illegal drugs. Prohibits such recipients from collecting
public assistance for one year after testing positive for an illegal
drug. Requires DHS to annually report their findings regarding the
illegal drug testing to the General Assembly. (S: Campfield; H: Dunn)
Senate Status: Referred to Senate General Welfare.
House Status: Referred to House General Subcommittee of Health & Human Resources.
|
SB 0231
Watson B.
HB 0650
Cobb J.
|
Training required for head of each state agency. Requires head of
each state agency to complete periodic training for purposes of
complying with the provisions of the Regulatory Flexibility Act. (S:
Watson B.; H: Cobb J.)
House Co-Sponsors: Rich; Shipley
Senate Status: Referred to Senate Government Operations.
House Status: Referred to House Government Operations.
|
SB 0235
Watson B.
HB 0617
Cobb J.
|
Comptroller's performance audit on motor vehicle liens. Requires
the comptroller of the treasury to conduct a performance audit of the
implementation and impact of current law concerning the creation of a
lien on a motor vehicle by filing a notarized copy of an instrument when
the existing certificate of title on the vehicle is unavailable.
Requires the comptroller to report all findings to the chairs of the
government operations committees of the senate and house of
representatives. (S: Watson B.; H: Cobb J.)
House Co-Sponsors: Rich; Shipley
Amendment: Senate amendment 1 rewrites the bill. Requires
the comptroller to report findings on lien-related instruments filed
with the secretary of state concerning missing certificates of title or
manufacturer's statements of origin.
Senate Status: Senate 04/21/2011 returned bill to House.
House Status: House 04/25/2011 returned bill to Senate.
Other Status: Sent 04/18/2011 to the speakers for signatures.
|
SB 0236
Watson B.
HB 0677
Cobb J.
|
Agencies and public hearings requirements. Prohibits an agency
that has filed an emergency rule from filing a proposed rule on the same
subject without first holding a public hearing. Changes the number of
days that an agency will adopt a proposed rule without a public hearing
to 30 days, instead of 60 days. (S: Watson B.; H: Cobb J.)
House Co-Sponsors: Rich; Shipley
Senate Status: Referred to Senate Government Operations.
House Status: Referred to House Government Operations.
|
SB 0620
Campfield
HB 1212
Ragan
|
Committee to assess constitutionality of all federal laws. Creates
the "Tennessee Nullification Reaffirmation Act." Requires the general
assembly to appoint a committee to review all federal laws and
regulations to ensure that they are all constitutional, according to the
federal and Tennessee constitutions. Requires such committee make a
recommendation for nullification within 30 days. Requires the general
assembly to vote on the nullification following the recommendation.
Prohibits the federal law or regulation from being recognized within the
state if the general assembly votes to nullify it. (S: Campfield; H:
Ragan)
Senate Status: Referred to Senate Government Operations.
House Status: Failed 03/30/2011 in House General Subcommittee of State & Local Government.
|
SB 0652
Campfield
HB 0957
Dunn
|
Drug testing for persons who receive public assistance. Requires
the department of human resources to implement a program requiring
substance abuse testing for each adult recipient who is eligible for
public assistance or those who the department has reasonable cause to
believe engages in the use of illegal substances at the expense of the
person being tested. Allows for denial of public assistance for failure
to sign a drug testing consent document. Renders a person ineligible to
receive benefits for one year who tests positive for substance abuse,
with an opportunity to enroll in drug treatment. Allows those receiving
benefits who tested positive for the first time to continue to receive
benefits on the condition they complete drug treatment. Disqualifies
adults convicted of a class A misdemeanor or felony involving drugs or
alcohol from receiving benefits for three years. Requires the department
to submit an annual report to the house and senate committees
containing
information related to the number of persons tested, the cost, and the
number of sanctions imposed. (S: Campfield; H: Dunn)
Senate Status: Referred to Senate General Welfare.
House Status: Referred to House General Subcommittee of Health & Human Resources.
|
SB 0680
Tracy
HB 0751
Carr
|
Criteria for being a Tennessee citizen or resident. Defines the
criteria for being a citizen of Tennessee as the following: being either
born or naturalized in the United States and a resident of Tennessee.
Broadly captioned. (S: Tracy; H: Carr)
Senate Status: Referred to Senate State & Local Government.
House Status: Referred to House General Subcommittee of State & Local Government.
|
SB 0983
McNally
|
Drug testing as requirement for public assistance. Requires the
department of human services to implement a drug testing plan as a
condition for public assistance eligibility. (S: McNally)
Senate Status: Referred to Senate General Welfare.
|
SB 1325
Johnson J.
HB 1379
Carr
|
Eligibility Verification for Entitlements Act. Requires state
agencies to verify a federal or state benefit applicant's identity,
including lawful presence. Allows lawful presence to be proven in
various ways, including government-issued identification. Requires such
agency to pursue fraudulent applicants by filing a complaint with the
state attorney general. Requires state agencies and political
subdivisions to report such violations to the United States attorney
regarding certain criminal violations related to fraud. Prohibits
agencies from providing benefits in violation of this chapter. Allows
certain "False Claims Act" provisions to apply to violations valued
under 500 dollars. Broadly captioned. (S: Johnson J.; H: Carr)
Senate Co-Sponsor: Southerland
House Co-Sponsors:
Maggart; Matheny; Shipley; White M.; Watson E.; Sexton; Casada; Miller
D.; Floyd; Coley; Weaver; Womick; Campbell S.; Sparks; Pody; Rich;
Hensley; Hill; Hurley; Wirgau; Ragan; Keisling;
Gotto; Hall; Butt; Todd; Faison; Williams R.; Forgety; Ford D.; Lollar;
Holt; Eldridge; Brooks, Harry; Swann; Cobb J.; Dean; McManus; Hawk;
Evans; Powers; Sanderson; Matlock; Halford; Harrison; Elam; Alexander;
Brooks, Kevin; Dennis; Williams K.
Amendment: House State and Local amendment 1 deletes the
original bill. Requires the verification of citizenship or lawful
presence for applicants of public benefits who are 18 years of age and
older, except when exempted by federal law. Requires agencies to check
the immigration status, using the systematic alien verification for
entitlements (SAVE) program, of an applicant claiming in an affidavit to
be a qualified alien. Requires agencies to maintain all documentation
for three years. Applicants who knowingly make fraudulent claims in the
affidavit are liable under the False Claims Act. Requires agencies to
include in any existing annual reports to the General Assembly, a report
of compliance.
Senate Status: Referred to Senate State & Local Government.
House Status: House Government Operations 04/27/2011 recommended. Sent to House Finance, Ways & Means.
|
SB 1606
Marrero
HB 2072
Kernell
|
Sanctions against a licensed entity. Requires notice and hearing
by an administrative law judge for any proceedings by a state
department, division or agency to impose sanctions against a licensed
entity. Clarifies that a licensed entity that contracts with the state
does not forfeit any such rights. (S: Marrero; H: Kernell)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary. House Government Operations will review if recommended.
|
SB 1868
Kyle
HB 1242
Haynes R.
|
Reduction of paper and paper products in state government. Requires
state departments, agencies and other entities of state government to
reduce paper and paper products annually by 5 percent starting on July
1, 2012. (S: Kyle; H: Haynes R.)
Senate Status: Senate State & Local Government deferred to 2012.
House Status: Referred to House General Subcommittee of State & Local Government.
|
SB 1992
Stewart E.
HB 0728
Dean
|
Regulation, investigatory and hearing cost assessments. Deletes
current statutory language which authorizes the commissioner of commerce
and insurance to assess investigatory and hearing costs such as, but
are not limited to, those incurred and assessed for the time of the
prosecuting attorneys, investigators, expert witnesses, administrative
judges and any other persons involved in the investigation, prosecution
and hearing of the action. (S: Stewart E.; H: Dean)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Referred to House General Subcommittee of Commerce.
|
SJR 0055
Faulk
|
Requests Congress to adopt amendment to enact term limits. Requests
Congress to adopt and submit to the states for ratification an
amendment to the United States Constitution to implement term limits for
members of Congress, providing Senators cannot serve more than two
terms and Representatives cannot serve more than three terms. (S: Faulk)
Senate Status: Taken off notice in Senate Finance, Ways & Means 03/29/2011.
|
SJR 0072
Campfield
|
Establishes term limits for general assembly members. Proposes an
amendment to Article II of the Constitution of Tennessee to limit the
number of terms members of the general assembly may serve, stating that
representatives and senators can serve no more than 12 consecutive years
and that service in one house does not count towards the limitation
upon service in another house. (S: Campfield)
Senate Status: Referred to Senate Judiciary.
|
HEALTH CARE |
SB 0073
Overbey
HB 0407
Halford
|
Mental health services. Requires the chief officer of a hospital
or other residential service facility to provide notice of admission to a
person's attorney-in-fact if under a durable power of attorney for
health care. Broadly captioned. (S: Overbey; H: Halford)
Senate Status: Referred to Senate General Welfare.
House Status: Referred to House General Subcommittee of Health & Human Resources.
|
SB 0132
Campfield
|
Required information for birth certificates. Changes definitions
related to birth certificates and verification documentation. Requires
the mother to present her verification documentation before receiving
the child's birth certificate, unless the father provides his
verification documentation, signs an attestation of personal data, signs
a sworn acknowledgment of paternity, and signs an agreement to provide
financial support for such child until the child's eighteenth birthday.
Prohibits birth certificates or disclosure of certain birth information
when verification documentation is not provided. (S: Campfield)
Senate Status: Referred to Senate Judiciary.
|
SB 0313
Marrero
HB 0187
Richardson
|
Birth certificate changes upon sworn statement. Allows a person's
birth certificate to be changed to reflect a change of that person's
gender upon a sworn statement by a certain medical or mental health
professional. (S: Marrero; H: Richardson)
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice 03/29/2011 in House General Subcommittee of Health & Human Resources.
|
SB 0324
Watson B.
HB 0292
Maggart
|
TN Medication Therapy Monitoring and Management Act of 2011. Creates
the "TN Medication Therapy Monitoring and Management Act of 2011,"
which is a formal process of administrative, clinical, and educational
actions to monitor a patient's response to medication. Authorizes the
prescriber to request notification of an interchange from the pharmacist
for a specifically identified patient and a specific drug as ordered on
the prescription. Requires the prescriber, in his/her own handwriting,
to write: "Notify of Interchange" or "NOI" if such notification is
requested. (S: Watson B.; H: Maggart)
Senate Status: Referred to Senate General Welfare.
House Status: Taken off notice 04/12/2011 in House General Subcommittee of Health & Human Resources.
|
SB 0483
Overbey
HB 0738
Harrison
|
Patient safety organization. Allows any private organization to
apply to the department of health to be designated as a patient safety
organization. Authorizes the department to designate as a patient safety
organization each applicant that: has a mission statement indicating
its primary purpose is to conduct activities to improve patient safety,
has qualified staff to review patient safety work product, is not a
component of a health insurer, and certifies that its mission does not
create a conflict of interest with health care facilities that submit
patient safety work product to it. Broadly captioned. (S: Overbey; H:
Harrison)
Amendment: Senate amendment 1, House Health and Human
Resources amendment 1 deletes the original bill. Enacts the Annual
Coverage Assessment Act which establishes an annual coverage assessment
on hospitals of 4.52 percent of a covered hospital's annual coverage
assessment base and shall be paid in equal quarterly installments. The
Bureau of TennCare will send a notice of payment and a return form to
each covered hospital 30 days prior to the payment date. Imposes a
penalty of $500 per day on a hospital that does not pay the assessment
by the due date. Creates provisions for the collection of assessments if
a hospital ceases to operate after the effective date of the Act.
Prohibits a covered hospital from increasing charges or adding
surcharges based on or as a result of the annual coverage assessment.
Prohibits a TennCare managed organization from implementing across the
board reductions in rates that are in existence on July 1, 2011, for
hospitals and physicians by
category or type of provider unless mandated by the Centers for Medicare
and Medicaid Services (CMS). Creates the Maintenance of Coverage Trust
Fund consisting of all annual coverage assessment collections and
investment earnings credited to the assets of the Fund. Funds collected
along with federal matching funds shall be expended for benefits and
services that would have been subject to reductions or eliminations from
the FY10- 11 TennCare budget and for one-time funding for specific
TennCare programs in FY11-12. The implementation of the annual coverage
assessments is dependent on approval by CMS. Critical access hospitals,
state mental hospitals, rehabilitation and long-term acute hospitals,
St. Jude Children's Research Hospital, and state and local government
hospitals are exempt from the annual coverage assessment. Beginning
September 1, 2011 and on a quarterly basis thereafter, TennCare is
required to report the status of the determination and approval by CMS,
the balance of the
funds, and the extent to which the funds have been used, to the Select
Oversight Committee on TennCare, both Finance, Ways, and Means
Committees, the Senate General Welfare, Health, and Human Resources
Committee, and the House Health and Human Resources Committee. The
provisions of the bill will take effect July 1, 2011 and will expire on
June 30, 2012.
Senate Status: Senate 04/21/2011 passed with amendment 1.
House Status: Set for House Floor 04/28/2011.
|
SB 0484
Overbey
HB 1158
Dennis
Public Chapter (PDF)
|
TN Patient & Quality Improvement Act of 2011. Establishes the
"TN Patient Safety and Quality Improvement Act of 2011." Encourages
the improvement of patient safety and quality. Defines "quality
improvement committee" or "QIC" as a committee formed by a health care
organization for the purpose of evaluating the safety, quality,
processes, cost, or necessity of health care services by performing
functions including, but not limited to: evaluation of qualifications
and competence of health care providers or the discipline of any
individual health care provider, reduction of morbidity or mortality,
establishment and enforcement of guidelines designed to keep the cost of
health care within reasonable bounds, research, evaluation of the
quality and timeliness of the health care services rendered to patients,
and improvement of methods and procedures being utilized. Requires
records of a QIC to be confidential and privileged and must be protected
from direct or indirect means of
discovery. Prohibits any information not produced for use by a QIC from
being construed as immune from discovery or use in any judicial or
administrative proceedings merely because such information was presented
during proceeding of such committee. (S: Overbey; H: Dennis)
House Co-Sponsors: Casada; Rich; Sexton; Shipley; Hill
Amendment: Senate amendment 1, as amended, adds health
maintenance organizations, preferred provider organizations, hospital
and medical service corporations, and university medical schools or
health science centers to the list of health care organizations.
Includes medical resident physicians, interns, and fellows participating
in a training program of one of the accredited medical schools or of
one of such medical school's affiliated teaching hospitals in Tennessee
under health care providers. Adds additional functions to the Quality
Improvement Committees (QIC). Adds incident reports, evaluations,
critiques, test results, corrective actions, disciplinary actions, and
any patient safety work product as defined in ? 921 of the Patient
Safety and Quality Improvement Act of 2005, P.L. 109-41, as amended, to
the list of records of a QIC that are confidential, privileged, and
protected from direct or indirect means of discovery, subpoena or
admission into evidence in any
judicial or administrative proceeding. Exempts any person who supplies
information, testifies or makes statements as part of a QIC from any
requirements to provide information as to the information, testimony or
statements provided to or made before such a committee, if made or taken
in good faith and without malice and on the basis of facts reasonably
known or reasonably believed to exist. House
Senate Status: Senate 03/24/2011 passed with amendment 1, as amended.
House Status: House passed 03/28/2011.
Other Status: Enacted as Public Chapter 0067 (effective 04/13/2011).
|
SB 0608
Overbey
HB 0683
Maggart
|
Court-ordered assisted outpatient treatment. Authorizes a court
to order a proposed patient to receive outpatient treatment for severe
and persistent mental illnesses that is 18 years of age or older and
meets specified requirements concerning the necessity of treatment and
the likely impact it will have. Provides a list of those who can apply
and requires a physician affidavit confirming an examination or an
attempt of an examination occurred. Requires a treatment plan is
submitted if an examination has occurred within 10 days prior to
application containing specified information based on the patient's
needs and continued active participation of the examining physician.
Grants the proposed patient the right to appointed counsel at all stages
of the proceeding. Provides various rules and requirements regarding;
hearing dates, adjournment, notice, court attendance, involuntary
detention or examinations, testimonies of physicians, dismissals without
prejudice, standards of proof,
evidence, witnesses and cross-examinations, and confidentiality of
hearings. Prohibits the court from ordering outpatient treatment in
excess of one year and permits applications to extend treatment.
Requires the department to cover costs for indigent patients, and
permits emergency detention for patients failing to comply with the
court order. Allows the commissioner of mental health to implement rules
and regulations to assist court ordered outpatient treatment. (pp 10.)
(S: Overbey; H: Maggart)
Senate Status: Taken off notice in Senate General Welfare 04/20/2011.
House Status: House General Subcommittee of Health & Human Resources deferred to summer study.
|
SB 0611
Overbey
HB 0832
Hensley
|
Restrictive covenants for nonphysician providers. Applies the
physician statute concerning restrictive covenants to nonphysician
health care providers. Redefines "employing entity" concerning the
"practice of medicine." (S: Overbey; H: Hensley)
Amendment: Senate General Welfare amendment 1 same as House
Health amendment 1 but has a different drafting code. House Health and
Human Resources amendment 1 applies the restriction on a healthcare
provider to practice upon termination or conclusion of the employment or
contractual relationship to osteopathic physicians. Deletes the section
specifying that any restriction shall not be binding on a healthcare
provider who has been employed by, or under contract with, the employing
or contracting entity for at least six years unless the healthcare
provider and the employing or contracting entity mutually agree to
extend the six-year period for a term not to exceed six years.
Senate Status: Set for Senate Floor 04/28/2011.
House Status: Set for House Floor 04/28/2011.
|
SB 0815
Crowe
HB 0328
Casada
|
Report on aspects of the federal health care reform. Requires the
commissioner of health to report to the health committees of the house
and senate on or before January 31, 2012, concerning implementation in
TN, including the benefits and costs and burdens to the state, of the
following elements of the federal Patient Protection and Affordable Care
Act and the Health Care and Education Reconciliation Act of 2010: the
authorization of grant awards by states to providers who treat a high
percentage of medically underserved populations or who are located in
health professions shortage areas, the effects of budgetary expansions
of the Community Health Center Fund, the availability of grants to
implement the Elder Justice Act, and the interaction of Community Living
Assistance Services and Supports Program. Broadly captioned. (S: Crowe;
H: Casada)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Caption bill held on House clerk's desk.
|
SB 0817
Crowe
HB 0829
Hensley
|
Authentication of verbal orders. Requires that hospitals
authenticate all verbal orders by a physician or responsible individual
who has the authority to issue verbal orders in accordance with hospital
policies or medical staff bylaws. Establishes that policies or bylaws
must requires that authentication of verbal orders occur within 48 hours
after the time the order was made and the individual receiving a verbal
order must record the date and time of such order. Requires the verbal
order to be authenticated up to 30 days after the date of the patient's
discharge, if the read-back and verify process is followed. Establishes
that a read-back and verify process must require that the individual
receiving the order immediately read back the order to the physician,
who must immediately verify that the read-back order is correct. (S:
Crowe; H: Hensley)
Amendment: Senate General Welfare amendment 1, House
amendment 1 corrects a typographical error in Section (a)(2) of the
proposed legislation by deleting the language "subdivision (a)(2)" and
substituting instead the language "subdivision (a)(3)." Senate General
Welfare amendment 2, House amendment 2 decreases, from 30 to 14 days,
the authentication period after the date of the patient's discharge if
the individual receiving a verbal order immediately reads back the order
to the issuer of the order, and the issuer verifies that the read-back
order is correct.
Senate Status: Senate General Welfare recommended 04/27/2011
with amendment 3 and previously adopted amendments 1 and 2. Sent to
Senate Calendar Committee.
House Status: House 04/07/2011 passed with amendments 1 and 2.
|
SB 0901
Watson B.
HB 1070
Rich
|
Licensure of health care professional denied for felony. Prohibits
any board assigned to the division of health related boards from
issuing or renewing a license to any health care professional or
applicant, who might be allowed to engage in direct patient care as part
of that professional's scope of practice, when such person has been
convicted of any felony in TN. Broadly captioned. (S: Watson B.; H:
Rich)
Senate Status: Referred to Senate General Welfare.
House Status: Referred to House General Subcommittee of Health & Human Resources.
|
SB 1146
Henry
HB 1592
Gilmore
|
Employment contracts with physicians. Specifies transfer and
relocation of a physician to an affiliated entity that results in
termination of an employment agreement as a reason other than breach of
contract for which restrictions placed on physician employment
agreements are void. (S: Henry; H: Gilmore)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Referred to House General Subcommittee of Health & Human Resources.
|
SB 1300
Johnson J.
HB 0716
Shipley
|
Prescription Integrity Act of 2011. Specifies that therapeutic
substitution of a medication is to only be allowed with the express
prior authorization of the prescribing physician or other prescribing
health care professional and with notice to the patient. Clarifies that
therapeutic substitution does not include substituting a generic
equivalent for a prescribed drug. Prior to making the therapeutic
substitution, requires pharmacist to verbally request the patient to
agree to a change to the prescription, to verbally describe the proposed
change, to verbally inform the patient of any impact to the patient's
out-of-pocket cost, and to verbally inform the patient of any financial
incentive the pharmacy would receive from a change to the prescription.
Requires health plans, pharmaceutical benefit managers, and their agents
to send a notification of request for medication change to a patient
and to the patient's physician or other prescribing health care
professional any time the
health plan or pharmacy benefit manager recommends therapeutic
substitution. Also requires health insurance premium payors and
employers responsible for paying health care premiums to be notified of
therapeutic substitution programs adopted by health plans and
pharmaceutical benefit managers. (S: Johnson J.; H: Shipley)
Senate Status: Taken off notice in Senate General Welfare 04/18/2011.
House Status: House General Subcommittee of Health & Human Resources deferred to summer study.
|
INSURANCE AUTOMOBILES |
SB 0525
Tracy
HB 0556
Matheny
|
Limits right to recover noneconomic damages by motorist. Specifies
that an owner or operator of a motor vehicle who knowingly permits the
operation of his or her motor vehicle on the highway and does not comply
with the motor vehicle financial responsibility law is deemed to have
waived any right to recover against a complying policyholder for
noneconomic loss. (S: Tracy; H: Matheny)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House General Subcommittee of Transportation.
|
SB 0994
McNally
HB 0849
Haynes R.
|
New claim settlement practices. Requires automobile liability
insurers to acknowledge receipt of claim notifications and provide
necessary claim forms within 10 business days, unless the claim is paid
during that period of time. Requires such insurer to provide the
claimant with an explanation of denial or acceptance of claim or
explanation why the insurer needs additional time within 15 business
days of receipt of claim notification. Requires such insurer to complete
the claims investigation within 30 days, unless insurer provides
reasonable cause. (S: McNally; H: Haynes R.)
Senate Status: Senate Commerce, Labor & Agriculture deferred to 04/26/2011.
House Status: Referred to House General Subcommittee of Commerce.
|
INSURANCE GENERAL |
SB 0011
Ketron
HB 0684
Maggart
|
Insurance investigations conducted by the state. Includes
testimony to the list of documents and other information obtained by the
commissioner in an investigation of an insurer or producer that is to
be considered confidential and not subject to inspection by the public.
Requires the department to provide an insurer or producer a copy of an
order initiating an investigation or a copy of a complaint within 15
days of issuance of order or receipt of complaint. Prior to the
contested case hearing, gives an insurer or producer under investigation
the right to petition the chancery court of Davidson County to modify,
quash, or take any other appropriate action relative to the subpoena.
Also requires commissioner to provide insurer or producer with notice of
the closure or completion of the investigation within 15 days if such
closure. Requires all investigations to be completed within two years of
receipt of initial complaint, initiation of investigation or effective
date of act.
(S: Ketron; H: Maggart)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Referred to House General Subcommittee of Commerce.
|
SB 0698
Faulk
HB 0756
Stewart M.
|
Study on the cost of civil litigation in TN. Requires the
commissioner of commerce and insurance to develop and implement a
reporting plan whereby the department of commerce and insurance must
track and study the cost of civil litigation brought in TN as compared
to the cost brought in other states and the federal system. Requires the
commissioner to submit an annual report to the speakers of the senate
and the house summarizing the finding of the plan. Requires the annual
report to be submitted on or before November 1st of each year. Requires
that any cost associated with the implementation of the plan to be paid
out of existing reserves of the insurance division of the department of
commerce and insurance. (S: Faulk; H: Stewart M.)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Referred to House General Subcommittee of Judiciary.
|
SB 0892
Johnson J.
HB 1096
Marsh
Public Chapter (PDF)
|
Charitable Gift Annuities Exemption Act alterations. Requires
that the assets of a charitable gift annuity separate account maintained
by a charitable organization for its charitable gift annuity must equal
either: (1) The total amount of donations for outstanding charitable
gift annuities to which the account applies, measured at the time of
each annuity donation, later reduced by payments under the annuity and
taking into account investment gains and losses; or (2) 110 percent of
the reserves, calculated in a manner consistent with subsection (b) for
charitable gift annuities to which the separate account applies. Present
law requires that the assets of a charitable gift annuity separate
account maintained by a charitable organization for its charitable gift
annuity must equal either: (1) The total amount of donations for
outstanding charitable gift annuities to which the account applies; or
(2) 110 percent of the reserves, calculated in a manner consistent with
subsection (b)
for charitable gift annuities to which the separate account applies. In
determining the reserves on the outstanding charitable gift annuities
under present law, a deduction shall be made for any portion of the
charitable gift annuity risk that is insured or reinsured by the
charitable organization with an authorized insurer or reinsurer. This
bill instead requires that any portion of the charitable gift annuity
risk that is insured or reinsured by the charitable organization with an
authorized insurer or reinsurer shall be exempt from the requirements
described in (1) and (2). (S: Johnson J.; H: Marsh)
Senate Status: Senate 04/04/2011 passed.
House Status: House passed 04/04/2011.
Other Status: Enacted as Public Chapter 0095 (effective 04/21/2011).
|
SB 1025
Ketron
HB 0966
Curtiss
|
Surplus Lines Insurance Act. Enacts the Surplus Lines Insurance
Multi-State Compliance Contract, which implements the express provisions
of the Non-Admitted and Reinsurance Reform Act of the Dodd-Frank Wall
Street Reform and Consumer Protection Act. Creates the surplus lines
insurance multi-state compliance compact commission and procedures
related to the commission, including membership, powers, organization,
immunity, defenses, and more. Changes current provisions related to
surplus lines insurance. Defines commercial purchaser. Exempts
commercial purchasers from diligently researching non-surplus lines
insurance companies if the surplus lines agent has disclosed certain
information to the commercial purchaser. Specifies certain periods of
time for surplus lines agents must file with the commissioner of
commerce and insurance. Changes eligibility of surplus lines insurers.
Changes the procedure of taxing surplus lines insurance premiums.
Penalizes such agents for not keeping a
record of each surplus lines contract in his or her office. (54 pp.) (S:
Ketron; H: Curtiss)
Amendment: SENATE COMMERCE, LABOR AND AGRICULTURE AMENDMENT
1, HOUSE COMMERCE AMENDMENT 1 rewrites the bill. Makes several changes
to the "Surplus Lines Insurance Act" recommended by the Department of
Commerce & Insurance: Expands the definition of "qualified risk
manager" to specifically list the requirements to be such. Changes the
license fee from $60/per year to $120/every 2 years. Changes the
reporting by agents from quarterly to annually. Removes language that
would have held an in-state agent liable if an out-of-state insurer
fails to pay a claim. Adds provisions that specify the requirements for
an unauthorized insurer to become an eligible surplus lines insurer.
Deletes references to the compact in determining the premium tax rate.
Instead, the amendment sets the tax rate at 5 percent of the gross
premiums; thus increases all surplus lines premium tax to a 5 percent
rate from the current rates of 3.25 percent on fire premiums, 2.5
percent premiums other than fire
premiums, and 4.4 percent on workers' compensation premiums. Deletes
language allowing for a different calculation of premium tax rate for
policies covering properties or risks only partially located in
Tennessee. Makes other technical corrections and formatting changes. (51
pp.) SENATE COMMERCE, LABOR AND AGRICULTURE AMENDMENT 2 authorizes
Tennessee, if the compact fails to become effective, to enter into a
cooperative agreement with another state or states to collect insurance
premium taxes imposed by Tennessee Code Annotated 56-14-113. HOUSE
GOVERNMENT OPERATIONS AMENDMENT 1 adds a 2-year sunrise provision.
Senate Status: Senate Commerce, Labor & Agriculture
recommended 04/19/2011 with amendments 1 and 2. Sent to Senate Finance,
Ways & Means.
House Status: House Government Operations 04/27/2011 recommended
with amendment 1, which adds a 2-year sunrise provision. Sent to House
Finance, Ways & Means.
|
SB 1027
Ketron
HB 1267
Sargent
|
Insurance for portable electronics. Requires a vendor to hold a
limited lines license to sell or offer coverage under a policy of
portable electronics insurance. Specifies that a limited lines license
issued to a vendor authorizes any employee of the vendor to sell or
offer coverage under a policy of portable electronics insurance to a
customer at each location at which the vendor engages in portable
electronics transactions. Requires brochures or written materials to be
provided at each location disclosing that the portable electronics
insurance may provide a duplication of coverage already provided by a
customer's homeowner's insurance policy, renter's insurance policy, or
other source of coverage. Specifies other requirements for the brochure.
Allows portable electronics insurance to be offered on a month-to-month
or other periodic basis. Specifies training requirements for employees
of vendor. (16 pp.) (S: Ketron; H: Sargent)
Amendment: Senate Commerce, Labor and Agriculture amendment
1, House Commerce amendment 1 rewrites the bill. Makes several technical
corrections. Changes "covered customer" to "enrolled customer" and
"supervising agency" to "supervising entity." Removes language that
appointed the commissioner as an applicant's attorney for service of
process. The original bill rewrote the code sections on limited lines
producers and exceptions to the licensing statute. Instead, the
amendment adds portable electronics insurance and those selling such
insurance to those code sections. Authorizes the commissioner to
promulgate rules and regulations. Replaces "fines" with "civil
penalties" in Section 6(a). Changes the effective date to January 1,
2012.
Senate Status: Senate Commerce, Labor & Agriculture recommended 04/19/2011 with amendment 1. Sent to Senate Finance, Ways & Means.
House Status: House General Subcommittee of Finance 04/27/2011 recommended with amendment. Sent to House Finance.
|
SB 1540
Norris
HB 2007
Carr
|
The Amended and Restated Tennessee Captive Insurance Act. Authorizes
any captive insurance company to apply to the Commissioner of the
Tennessee Department of Commerce and Insurance (TDCI) for an insurance
license. Creates specifications regarding the risks a captive may
insure. Requires the captive, prior to becoming licensed, to file
specified documents, information, and disclosures with TDCI. Creates
criteria under which such information is discoverable by a party in a
civil action. Requires specified minimum capital and surplus for
licensure as a captive insurance company. Classifies the types of
corporations captives may form, and in what manner they must form those
corporations. Requires TDCI to audit each captive insurance company at
least once every three years. Defines authorized investments for
captives. Authorizes such companies to provide reinsurance on risks
ceded by another insurer. Defines "branch captive," "protected cell" and
"sponsored captive insurance
company" for purposes of the Amended and Restated Tennessee Captive
Insurance Company Act (Act). Requires applicant-sponsored captives to
file specified supplemental license application materials with TDCI.
Authorizes formation of protected cells. Creates requirements for
sponsors of captives. Authorizes the combining of assets of two or more
protected cells for investment purposes. Codifies the means by which a
branch captive may be formed and the security required to become
licensed. Requires branch captives to file annual reports with TDCI.
Defines "special purpose financial captive (SPFC)" for the purposes of
the Act. Creates fees and procedures for SPFC licensure. Creates
organizational requirements for a SPFC. Requires a SPFC to maintain
minimum capitalization of $250,000. Defines the risks a SPFC may insure.
Authorizes and establishes the criteria by which a SPFC may create and
use protected cells. Defines the manner for creating, naming, and
managing the assets of a SPFC
protected cell. Authorizes a SPFC to issue securities and to enter into
asset management agreements and contracts. Creates requirements and
guidelines for SPFC asset management and trust agreements. Requires a
SPFC to maintain records and make them available to TDCI. (It appears
that the references in 56-13-403(B), 56-13-404, 56-13-415(E),
56-13-417(C), and 56-13-421 of Section 1 of the bill to "the director"
should instead be to "the commissioner." Also, Section 1,
56-13-107(b)(3), (i)(1), (i)(3), (i)(4), (j), and (n); 56-13-108(b);
56-13-116; 56-13-119; and 56-13-402(1), (12), and (14) have incomplete
TCA citations.) (73 pp.) (Part of Administration Package) (S: Norris; H:
Carr)
House Co-Sponsor: McCormick
Senate Status: Senate Commerce, Labor & Agriculture deferred to 05/03/2011.
House Status: House Commerce deferred to 05/03/2011.
|
SB 1546
Berke
HB 1915
Stewart M.
|
Commercial risk insurer filing time changes. Decreases the time
an insurer of commercial risk insurance has to file rates, supplementary
rate information, policy forms and endorsements with the commissioner
from 15 days to 14 days. (S: Berke; H: Stewart M.)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Referred to House General Subcommittee of Commerce.
|
SB 1765
Ketron
HB 1845
Sargent
Public Chapter (PDF)
|
Investigation of insurance agents. Restructures provisions
concerning confidentiality of documents regarding termination of an
insurance producer and clarifies that such documents are not subject to
public inspection. Requires that investigations by the commissioner
regarding licensed insurance producers be reasonable in scope, relevant,
and conducted in the least obtrusive manner. Grants a person under
investigation by the commissioner various rights of access to records
and required notice regarding statements made and complaints filed.
Limits investigations to two years, requires proceedings be brought
within five years of the cause of action accruing, allows a person to
challenge the validity of a commissioners request for documents through
an administrative judge, and grants the commissioner the right to take
testimony of any person in the insurance business. Allows persons under
investigation for unfair trade or claims practices to obtain copies of
any complaints or
inquisitorial orders and any recorded statements made by that person
from the commissioner. Creates a penalty scheme for persons in violation
of laws applicable to insurance producers, which authorizes the
commissioner to prohibit specified acts and practices, suspend or revoke
licenses, or order monetary penalties of up to $1,000 per violation and
$100,000 in the aggregate to be determined through the consideration of
a list of specified factors. (S: Ketron; H: Sargent)
Amendment: House amendment 1 clarifies investigation
information provided by the department is required to be included in the
commissioner's annual report submitted to governor as required under
the statutory duties of the commissioner. Changes the statute of
limitations for the commencement of actions resulting from
investigations regarding insurance producer licensing to five years from
the date the commissioner knew or reasonably should have known of the
action instead of within five years of the accruing cause of action.
Extends the qualifying date and deadline for the completion of initiated
investigations and for filing contested actions by one year. Deletes a
provision requiring the commissioner to consider enumerated factors in
determining whether a violation was committed knowingly.
Senate Status: Senate 03/31/2011 passed.
House Status: House 03/28/2011 passed with amendment 1.
Other Status: Enacted as Public Chapter 0090 (effective 07/01/2011).
|
SB 1912
Woodson
HB 1189
Marsh
|
Statutory remedies and sanctions limited. Specifies the statutory
remedies and sanctions applicable to specified acts by an insurer,
person, or entity required to be licensed, permitted, or authorized by
the division of insurance under title 56, related to breach of contract
or alleged unfair or deceptive practices. (S: Woodson; H: Marsh)
Senate Co-Sponsors: Finney L.; Gresham
House Co-Sponsors: Brooks, Kevin; Fitzhugh
Amendment: House amendment 1 clarifies that the limitation
on statutory remedies and sanctions to the unfair trades and practices
act proposed applies only to alleged unfair deceptive acts or practices
in connection with insurance contracts. Title 50 (Employer and Employee)
and Title 56 (Insurance) are the sole statutory remedies for breach of
insurance contract or for unfair/deceptive acts. Adds clarifying
language that such restriction is not to be construed as to eliminate or
affect remedies, actions or rights to relief under common law,
Tennessee Rules of Civil Procedure, or Title 29 (Remedies and Special
Proceedings).
Senate Status: Senate 04/11/2011 passed.
House Status: House 03/28/2011 passed with amendment 1.
Other Status: Sent to governor 04/19/2011.
|
SB 2018
Stewart E.
HB 1047
Matheny
|
Licensure of independent insurance adjusters. Requires independent insurance adjusters to be licensed. (S: Stewart E.; H: Matheny)
Senate Status: Senate Commerce, Labor & Agriculture deferred to 04/12/2011.
House Status: Referred to House General Subcommittee of Commerce.
|
SB 2046
Ford O.
HB 1942
Towns
|
Adverse action against consumer based on credit report. Prohibits
an insurer from taking an adverse action against a consumer based
primarily on the consumer's insurance score, if such score is based in
whole or in part on the consumer's credit report. Also prohibits an
insurer from taking an adverse action against a consumer based primarily
on the fact that the consumer does not have a credit account. (S: Ford
O.; H: Towns)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture 04/19/2011.
House Status: House General Subcommittee of Commerce deferred to summer study.
|
INSURANCE HEALTH |
SB 0079
Beavers
HB 0115
Weaver
Public Chapter (PDF)
|
Tennessee Health Care Freedom Act. Declares that the public
policy of this state is that every person within this state is free to
choose or to decline to choose any mode of securing health care services
without penalty or threat of penalty. Also declares that the public
policy of this state is that every person within this state has the
right to purchase health insurance or to refuse to purchase health
insurance. Specifies that the government may not interfere with a
citizen's right to purchase health insurance or with a citizen's right
to refuse to purchase health insurance. Also specifies that the
government may not enact a law that would restrict these rights or that
would impose a form of punishment for exercising either of these rights.
States that any law to the contrary is to be void ab initio. (S:
Beavers; H: Weaver)
Amendment: Senate amendment 1 specifies that the legislation
should not interfere with child support cases in which purchasing an
insurance policy is required of one party by the court. Senate amendment
2 specifies that employers are authorized to require the purchase of
insurance as a condition of employment.
Senate Status: Senate 02/23/2011 passed with amendments 1 and 2.
House Status: House passed 03/07/2011.
Other Status: Enacted as Public Chapter 0009 (effective 03/18/2011).
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SB 0481
Southerland
HB 0951
Marsh
|
Health insurance carriers cannot make certain changes. Prohibits a
health insurance carrier and any subcontractor of the carrier from
changing policies, procedures, payment methodologies, or claims
processing edits that lower the negotiated rates, unless the hospital
agrees. (S: Southerland; H: Marsh)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Referred to House General Subcommittee of Commerce.
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SB 0510
Faulk
HB 0568
Dennis
Public Chapter (PDF)
|
Reporting on medical malpractice claims. Requires entities
reporting to the commissioner of commerce and insurance on medical
malpractice claims to include information as to whether the health care
provider received TennCare payment for the incident that is the subject
of the claim. Requires the commissioner to include such information in
the annual report on medical malpractice claims. Broadly captioned. (S:
Faulk; H: Dennis)
Amendment: Senate amendment 1 requires that the counsel for
the claimants asserting medical malpractice claims shall provide the
information rather than the entities reporting to the department of
commerce and insurance. Specifies such information shall be provided for
claims closed or open and pending on or after January 1, 2012.
Senate Status: Senate 04/07/2011 passed with amendment 1.
House Status: House passed 04/11/2011.
Other Status: Enacted as Public Chapter 0112 (effective 01/01/2012).
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SB 1061
Marrero
HB 1162
Favors
|
Unreasonable denial of coverage for a medical procedure. Prohibits
a health insurance entity from unreasonably denying coverage for a
medical procedure or test that the entity decides is not medically
necessary. Specifies if an insured individual seeks medical care at the
individual's own expense after a denial of such coverage, and the
procedure or test is proven to be medically necessary based upon the
results of the procedure or test or upon the medical condition found,
then it shall be presumed that such denial is unreasonable. Requires the
health insurance entity to reimburse the insured for all expenses
incurred and associated with the procedure or test at 100 percent if the
health insurance entity is found to have unreasonably denied the
coverage. (S: Marrero; H: Favors)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Taken off notice 04/20/2011 in House General Subcommittee of Commerce.
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SB 1119
Woodson
HB 0682
Marsh
Public Chapter (PDF)
|
Promotional incentives for health insurance policies. Authorizes
insurers to use incentives and rewards to encourage or reward
participation in a health promotion program such merchandise, gift
cards, debit cards, premium discounts, and incentives having to do
copayments, deductibles. (S: Woodson; H: Marsh)
Senate Status: Senate 03/28/2011 passed.
House Status: House passed 04/11/2011.
Other Status: Enacted as Public Chapter 0118 (effective 04/25/2011).
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SB 1724
Tate
HB 1109
Harmon
|
Written notice to state before pursuing certain claims. Requires
the recipient or beneficiary to provide written notice to the state
before beginning any legal proceeding to pursue recovery from a third
party. (S: Tate; H: Harmon)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture 04/19/2011.
House Status: Referred to House General Subcommittee of Commerce.
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JUDICIARY |
SB 0013
Southerland
HB 0059
Hawk
|
Transfer of probate court clerking responsibilities Transfers
probate court clerking responsibilities, within Greene County, from the
county clerk to the clerk and master. (S: Southerland; H: Hawk)
Senate Status: Referred to Senate Judiciary.
House Status: House Judiciary 03/01/2011 recommended. Sent to House Finance, Ways & Means.
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SB 0114
Campfield
HB 0285
Dennis
|
Creates office of solicitor general. Creates the office of
solicitor general and outlines various rules concerning qualifications
and appointment. Transfers to the solicitor general various duties
currently belonging to the attorney general, including: to defend the
constitutionality of public, private and administrative legislation
enacted by the general assembly, and to notify the fiscal review
committee and speakers of suits which raise the issue of insufficient
funding of the law. Grants the solicitor general powers currently given
to the attorney general concerning compelling witness testimonies and
designating an attorney general investigator. (S: Campfield; H: Dennis)
Senate Status: Set for Senate Judiciary Committee 04/27/2011.
House Status: House General Subcommittee of Judiciary deferred to 2012.
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SB 0121
Campfield
HB 0420
Hardaway
|
Allows one automatic recusal of judge in a divorce case. Authorizes
defendant in divorce case to request one automatic recusal of the judge
assigned to hear the case. Broadly Captioned. (S: Campfield; H:
Hardaway)
Senate Status: Referred to Senate Judiciary.
House Status: House General Subcommittee of Children & Family Affairs deferred to the first calendar of 2012.
|
SB 0124
Campfield
HB 0541
Hardaway
|
Petitioner pays fees if order of protection is dismissed. Requires
a petitioner for order of protection to pay court costs and attorney
fees if the petition is dismissed. (S: Campfield; H: Hardaway)
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice 04/20/2011 in House General Subcommittee of Judiciary.
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SB 0125
Campfield
HB 0417
Hardaway
|
Discovery to defend a petition for a protective order. Authorizes
a person to use discovery to aid the person's defense from a petition
for a protective order. Specifies that depositions related to such
defense must be conducted by an attorney licensed in this state and over
the telephone. (S: Campfield; H: Hardaway)
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice 04/20/2011 in House General Subcommittee of Judiciary.
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SB 0127
Campfield
HB 0173
Casada
|
Election of judges. Requires election of all judges. Requires
that each election term must be eight years. Provides process for
judicial vacancies. (S: Campfield; H: Casada)
Senate Status: Senate Judiciary recommended 03/29/2011. Sent to Senate Finance, Ways & Means.
House Status: House Judiciary Committee deferred to 05/03/2011.
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SB 0278
Berke
HB 1147
Coley
|
Costs for case removal to federal court paid by petitioner. Requires
persons petitioning for a case to be removed to federal court to pay
all costs associated with removal if the petition is granted. (S: Berke;
H: Coley)
Senate Status: Referred to Senate Judiciary.
House Status: Set for House Floor 04/28/2011.
|
SB 0281
Bell
HB 0231
Dunn
|
Nonpartisan elections of supreme court justices. Provides for
election of supreme court justices by districts in nonpartisan
elections. Requires general assembly to draw contiguous districts after
decennial congressional apportionment. Prohibits candidates from
personally soliciting campaign contributions. Prohibits campaign
treasurer from disclosing contributions to candidate. In case of
vacancies, election would be held at next August election more than 30
days after the vacancy, with the governor to appoint interim successor.
(S: Bell; H: Dunn)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House General Subcommittee of Judiciary.
|
SB 0282
Bell
|
Members and appointment of court of judiciary restructured. Changes
the appointment structure of the court of the judiciary to have the 16
members appointed as follows: six judges from the court of appeals and
criminal appeals to be appointed by the supreme court rather than three,
four public members to be appointed by the governor, three public
members by the speaker of the senate and three by the speaker of the
house. Abolishes the requirement that there be a member appointed by the
Tennessee bar association and that three of the members have the status
of trial judge, municipal court judge, and juvenile court judge. Orders
that the court of the judiciary shall be vacated entirely and replaced
under the above guidelines as of midnight on June 30, 2011. (S: Bell)
Senate Status: Withdrawn 03/14/2011 in Senate.
|
SB 0284
Bell
|
Appellate judges retained by 75 percent of persons voting. Requires
appellate judges to be retained by 75 percent of persons voting,
instead of a majority of voters. Creates a vacancy within the office
when more than 25 percent of the persons voting vote to replace the
particular judge. (S: Bell)
Senate Status: Withdrawn 02/07/2011 in Senate.
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SB 0341
Overbey
HB 0323
Montgomery
|
Background checks on nominees for appellate court judgeship. Requires
the TBI to complete background investigations on the panel of nominees
for a vacant appellate court judgeship within 90 days of being directed
to do so by the governor. (S: Overbey; H: Montgomery)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House General Subcommittee of Judiciary.
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SB 0360
Johnson J.
HB 0174
Casada
|
Medical malpractice resulting from emergency care. Establishes
new requirements for medical malpractice actions in an emergency
department of a hospital. Establishes the claimant has the burden of
proving, by a preponderance of the evidence, the gross negligence of the
defendant. Requires the jury to be further instructed that injury alone
does not raise a presumption of the defendant's gross negligence. (S:
Johnson J.; H: Casada)
Senate Status: Referred to Senate Judiciary.
House Status: House General Subcommittee of Judiciary deferred to 2012.
|
SB 0364
Beavers
|
Tennessee goods are not subject to federal commerce clause. Declares
produced or manufactured goods, whether commercial or private, that are
made in and stay in Tennessee are not subject to the commerce clause of
the federal constitution, if certain words are printed on the label.
(S: Beavers)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
|
SB 0391
Henry
HB 0533
Stewart M.
|
County litigation tax used for victim-offender mediation. Specifies
that any revenue generated by a county litigation tax for
victim-offender mediation shall be used for the purpose of handling
victim-offender mediation or other community mediation matters. (S:
Henry; H: Stewart M.)
Senate Co-Sponsor: McNally
Senate Status: Senate Judiciary deferred to 04/19/2011.
House Status: House passed 04/11/2011.
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SB 0395
Overbey
HB 0511
Lundberg
|
Transportation-related presumptions and immunity. Establishes a
presumption of proximate cause of injuries or damages for motor vehicle
accidents occurring within a construction zone when one of the vehicle
drivers was drunk, under the influence of certain drugs, or convicted of
reckless driving in relation to the accident. Provides immunity to road
and bridge contractors if at the time of the accident, the contractor
was in compliance with contract documents material to the condition that
was the proximate cause of the injury, but exceptions apply.
Establishes a presumption that engineers who provide engineering plans
to the department of transportation have exercised the care that other
similarly situated engineers have exercised. (S: Overbey; H: Lundberg)
Amendment: Senate Transportation amendment 1 rewrites the
bill. Establishes a presumption of proximate cause of a motor vehicle
accident occurring within a construction zone that results in death,
injury, or damage if the vehicle operator is found to be under the
influence. Establishes immunity from claims for personal injury,
property damage, or death arising from certain Department of
Transportation (TDOT) projects. Requires a contractor or an engineer to
provide TDOT with written notice of any apparent errors or omissions in
the contract document or TDOT's design standards.
Senate Status: Senate Transportation recommended 04/13/2011 with amendment 1. Sent to Senate Calendar Committee.
House Status: House General Subcommittee of Judiciary 04/27/2011 recommended with amendment 1. Sent to House Judiciary.
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SB 0412
Barnes
HB 1010
Stewart M.
|
Execution of foreign judgments. Extends the time period a
judgment creditor must wait to execute a foreign judgment from 30 to 40
days after the date of service of process on the judgment debtor. (S:
Barnes; H: Stewart M.)
Senate Status: Referred to Senate Judiciary.
House Status: Caption bill held on House clerk's desk.
|
SB 0493
Haynes J.
HB 0828
Sontany
|
Court's approval of structured settlement rights transfer. Specifies
that it is the court's discretion whether to approve a transfer of
structured settlement payment rights. (S: Haynes J.; H: Sontany)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary.
|
SB 0503
Finney L.
HB 0491
Eldridge
Public Chapter (PDF)
|
Notice of exemption change. Specifies that the notice of
exemption given by a judgment debtor must state "Tennessee law provides a
$10,000 exemption" instead of "Tennessee law provides a $4,000
exemption." (S: Finney L.; H: Eldridge)
Senate Status: Senate 03/28/2011 passed.
House Status: House passed 03/28/2011.
Other Status: Enacted as Public Chapter 0060 (effective 04/11/2011).
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SB 0520
Bell
HB 0789
Brooks, Kevin
|
Wrongful death on behalf of spouse requirements. Creates the
rebuttable presumption that prohibits surviving spouses from maintaining
wrongful death lawsuits on behalf of their deceased spouses when the
surviving spouse has abandoned the deceased spouse for at least two
years before the deceased spouse's death. (S: Bell; H: Brooks, Kevin)
Senate Status: Set for Senate Judiciary Committee 04/27/2011.
House Status: House Judiciary Committee deferred to 05/03/2011.
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SB 0574
Berke
HB 1370
Dennis
|
Chancery courts to handle certain claims against government. Extends jurisdiction to chancery courts for certain claims against governmental entities. (S: Berke; H: Dennis)
Senate Status: Referred to Senate Judiciary.
House Status: Held on House clerk's desk.
|
SB 0575
Berke
HB 1369
Dennis
|
Chancery courts to handle certain claims against government. Extends
jurisdiction over claims against governmental entities or governmental
entity employees to chancery courts. (S: Berke; H: Dennis)
Senate Status: Referred to Senate Judiciary.
House Status: Held on House clerk's desk.
|
SB 0576
Berke
HB 1355
Dennis
|
Jurisdiction of certain claims against the government. Provides
that circuit and chancery courts shall have exclusive jurisdiction over
claims filed against governmental entities, and provides that general
sessions courts have concurrent jurisdiction with those courts. (S:
Berke; H: Dennis)
Senate Status: Referred to Senate Judiciary.
House Status: House General Subcommittee of Judiciary 04/27/2011 recommended. Sent to House Judiciary.
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SB 0639
Johnson J.
HB 0384
Marsh
|
Successful parties in civil actions entitled to full costs. Clarifies
that successful parties to a civil action are entitled to full costs
unless the law states otherwise. Abolishes the use of judicial
discretion to adjudge costs or apportion the cost between litigants in a
civil action. (S: Johnson J.; H: Marsh)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House General Subcommittee of Judiciary.
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SB 0646
Bell
HB 1702
Hill
|
Appellate judge candidacy. Requires 75 percent of the vote
instead of a majority from the people voting to retain an appellate
judge for the remainder of an unexpired term or for re-election.
Requires 25 percent of those voting instead of 50 percent to replace a
candidate for appellate judge. (S: Bell; H: Hill)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House General Subcommittee of Judiciary.
|
SB 0651
Campfield
HB 1156
Dennis
|
Apportioning litigation costs in certain suits. Removes judicial
discretion to apportion costs based on equity and permits recovery of
certain litigation costs by the successful party to certain civil
actions. Broadly captioned. (S: Campfield; H: Dennis)
Senate Status: Referred to Senate Judiciary.
House Status: House General Subcommittee of Judiciary 04/27/2011 recommended with amendment 1 and 2. Sent to House Judiciary.
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SB 0683
Tracy
HB 0755
Carr
|
Enrollment & publication of supreme court opinions. Shortens
the deadline for enrolling supreme court opinions from ten to five days
after delivery of the court and decreases the time given to publish
opinions from 60 to 30 days from the time sufficient material is
furnished to the reporter to complete a volume. (S: Tracy; H: Carr)
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice 04/13/2011 in House General Subcommittee of Judiciary.
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SB 0699
Bell
HB 0958
Dunn
|
Popular election of state judges. Deletes the requirement that
judicial offices placed on the ballot as a yes/no retention question be
placed at the end of the ballot. Provides a voting system for electing
justices to the supreme court based on highest number of votes in the
state and each grand division. Changes judicial elections to require
that state trial courts be elected to full eight year terms by voters of
the applicable district and supreme court and appellate judges to be
elected to full eight year terms by the entire state. Allows each
political party to nominate a candidate for election to the supreme
court. Requires persons temporarily filling judicial vacancies until the
next election to be licensed to practice law in the state. (S: Bell; H:
Dunn)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House General Subcommittee of Judiciary.
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SB 0722
Bell
HB 0874
Brooks, Harry
|
Severe child abuse. Prohibits any severely abused child from
being returned to the custody or residence of any person who engaged in
or knowingly failed to protect the child from abuse unless the court
finds by clear and convincing evidence that the child will be provided a
safe home free from further abuse. (S: Bell; H: Brooks, Harry)
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice 04/13/2011 in House Children & Family Affairs.
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SB 0796
Overbey
HB 0487
Dennis
|
Hearings in certain contested cases. Allows the respondent in a
contested case to continue the date of the first scheduled hearing until
both parties certify that they are ready for the hearing. Allows either
party to make a motion to set the hearing, if an unreasonable time
passes. (S: Overbey; H: Dennis)
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice 03/16/2011 in House General Subcommittee of Judiciary.
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SB 0809
Kelsey
HB 0806
Dennis
|
Court clerk can transfer documents by e-mail. Permits clerk of
court in which the cause originated to transmit the transcript and
original documents to clerk of court to which venue was transferred
through e-mail in addition to physical transfer of records upon
agreement of both clerks. (S: Kelsey; H: Dennis)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House General Subcommittee of Judiciary.
|
SB 0810
Kelsey
HB 0807
Dennis
|
Extends statutes of limitations and statutes of repose. Extends statutes of limitations and statutes of repose if the governor declares a disaster. (S: Kelsey; H: Dennis)
Senate Status: Referred to Senate General Welfare.
House Status: Referred to House General Subcommittee of Judiciary.
|
SB 0859
Barnes
HB 0711
Brooks, Harry
|
Requirements for petitions in juvenile court. Requires petitions
in juvenile court to contain the name of the person who is alleged to be
the child's biological father if applicable. Also requires service of
summons on alleged biological father in proceedings where the child is
alleged to be a dependent and neglected or abused child. Permits service
of summons by electronic means. (S: Barnes; H: Brooks, Harry)
Senate Status: Taken off notice in Senate Judiciary 03/15/2011.
House Status: Taken off notice 03/29/2011 in House General Subcommittee of Children & Family Affairs.
|
SB 0895
Watson B.
HB 1666
Cobb J.
|
Judicial council. Recreates the judicial council. Establishes
council members. Sets terms of each member at four years. Limits members
to two full consecutive terms. Establishes duties of council. Allows
members to be compensated for their actual expenses but provides no
compensation. (S: Watson B.; H: Cobb J.)
Senate Status: Referred to Senate Government Operations.
House Status: Referred to House Government Operations.
|
SB 0960
Beavers
HB 1419
White M.
|
District attorney involvement in charitable gift actions. Removes
the authority of the attorney general and reporter to designate a
district attorney general to prosecute or defend any court action
concerning the amount, administration, or disposition of charitable
gifts or discretionary charitable gifts. (S: Beavers; H: White M.)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House General Subcommittee of Judiciary.
|
SB 0965
Beavers
HB 1425
White M.
|
Deadline for filing arbitration awards. Decreases the deadline
for filing an arbitration award when the filing deadline is not included
in the submission from eight months to six months. (S: Beavers; H:
White M.)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House General Subcommittee of Judiciary.
|
SB 0967
Beavers
HB 1469
McCormick
|
Municipal civil trial appeals. Changes the amount of time granted
a person to appeal the judgment of a municipal civil trial to a circuit
court from 10 days following the judgment excluding Sundays to ten
business days. (S: Beavers; H: McCormick)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House General Subcommittee of Judiciary.
|
SB 0968
Beavers
HB 1468
McCormick
|
Change to execution & enforcement for foreign judgments. Requires
execution or other processes for enforcement of a foreign judgment to
issue 45 days, instead of 30 days, after the date a summons has been
served upon the judgment debtor. (S: Beavers; H: McCormick)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House General Subcommittee of Judiciary.
|
SB 0969
Beavers
HB 1467
McCormick
|
Final judgment to include full name. Requires 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: McCormick)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House General Subcommittee of Judiciary.
|
SB 0970
Beavers
HB 1466
McCormick
|
Adds optometrist to deponents exempt from subpoena to trial. Adds optometrists to deponents exempt from subpoena to trial but subject to subpoena to a deposition. (S: Beavers; H: McCormick)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House General Subcommittee of Judiciary.
|
SB 0972
Beavers
HB 1464
McCormick
|
Increases compensation for a sequestered juror. Increases compensation for a sequestered juror from $30.00 to $35.00 or each day's attendance. (S: Beavers; H: McCormick)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House General Subcommittee of Judiciary.
|
SB 0973
Beavers
HB 1463
McCormick
|
Time period in which confession by default becomes absolute. Decreases
to two years from three the period of time in which a decree against a
defendant without personal service of process, who does not appear to
defend, becomes absolute. Broadly captioned. (S: Beavers; H: McCormick)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House General Subcommittee of Judiciary.
|
SB 0978
Beavers
HB 1460
McCormick
|
Filing of report in regard to removal of a judge. Changes time
period from ten days to ten business days from the date of the hearing
that the joint legislative committee appointed to review a
recommendation to remove a judge has to file its report. (S: Beavers; H:
McCormick)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House General Subcommittee of Judiciary.
|
SB 1004
McNally
HB 1033
Watson E.
|
Additional assistant district attorney general positions. Creates
12 additional assistant district attorney general positions. Requires
the district attorneys general conference to prepare a report with
recommendations regarding the specific judicial district in which the
additional positions will be created. Requires the executive director of
the district attorneys general conference to file the report with the
speakers of the senate and house judiciary committees. (S: McNally; H:
Watson E.)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House General Subcommittee of Judiciary.
|
SB 1088
Beavers
HB 1198
Rich
|
Investigative counsel for the court of the judiciary. Requires
the investigative counsel to recuse him or herself from investigating a
complaint filed against a sitting member of the court of the judiciary
or against a judge who was a member of the court of the judiciary at the
same time as the present investigative counsel served as counsel for
the court. Establishes that special counsel must have the same authority
and duties as the investigative counsel, with regards to such
complaint. Broadly captioned. (S: Beavers; H: Rich)
Senate Status: Referred to Senate Judiciary.
House Status: House General Subcommittee of Judiciary 04/27/2011 recommended. Sent to House Judiciary.
|
SB 1089
Beavers
HB 1197
Rich
|
Recusal motions filed with the court of the judiciary. Requires
another judge to hear a recusal motion by a party that has made a timely
motion requesting a judge recuse himself or herself due to
incompetency, disqualification, or under Rule 10, Canon 3E of the Rules
of the Supreme Court, if the judge requested to recuse denies the
motion. (S: Beavers; H: Rich)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House General Subcommittee of Judiciary.
|
SB 1090
Beavers
HB 1360
Dennis
|
Setting salary of administrative director of the courts. Requires
the executive committee of the judicial conference appoint and set the
salary of the administrative director of the courts instead of the
supreme court. (S: Beavers; H: Dennis)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House General Subcommittee of Judiciary.
|
SB 1092
Beavers
HB 1196
Rich
|
Annual budget for the state court system. Specifies that before
submitting the annual budget for the state court system to department of
finance and administration, the administrative director of the courts
must first submit it to the executive committee of the judicial
conference for review and recommendations. (S: Beavers; H: Rich)
Senate Status: Senate Judiciary deferred 03/22/2011.
House Status: Referred to House Judiciary.
|
SB 1094
Beavers
HB 1366
Dennis
|
Investigation of a judge for misconduct. Requires certain
judicial complaints to be investigated by disciplinary counsel if the
complaint establishes probable cause of judicial misconduct, instead of
meeting the burden that would cause a reasonable person to believe there
is a substantial probability of misconduct. Broadly captioned. (S:
Beavers; H: Dennis)
Senate Status: Referred to Senate Judiciary.
House Status: House General Subcommittee of Judiciary 04/27/2011 recommended. Sent to House Judiciary.
|
SB 1097
Beavers
HB 1361
Dennis
|
Maintenance of records and documents by court of judiciary. Requires
all records filed with, created by, or in the possession of the court
of the judiciary or the office of investigative counsel to be maintained
by the administrative office of the courts for at least eight years
from the date of creation or receipt. Requires such records to remain
public or confidential records. Changes provisions to allow documents
regarding certain charges against judges to be transferred to the
administrative office of the courts for storage, instead of destroyed.
(S: Beavers; H: Dennis)
Senate Status: Referred to Senate Judiciary.
House Status: House General Subcommittee of Judiciary 04/27/2011 recommended. Sent to House Judiciary.
|
SB 1098
Beavers
HB 1362
Dennis
|
Complaints filed with court of the judiciary made public. Requires
courts to release complaints filed against judges to the public, if the
judge leaves the office for any reason other than death before the
complaint's dismissal or final disposition. (S: Beavers; H: Dennis)
Senate Status: Referred to Senate Judiciary.
House Status: House General Subcommittee of Judiciary 04/27/2011 recommended. Sent to House Judiciary.
|
SB 1099
Beavers
HB 1363
Dennis
|
Rules of the court of the judiciary. Provides that rules adopted
by the court of the judiciary may not be inconsistent or in conflict
with the statutory provisions establishing the court. (S: Beavers; H:
Dennis)
Senate Status: Set for Senate Judiciary Committee 04/27/2011.
House Status: House General Subcommittee of Judiciary 04/27/2011 recommended. Sent to House Judiciary.
|
SB 1114
Kelsey
HB 1358
Dennis
|
Motions for summary judgment. Requires the moving party to
prevail in its motion for summary judgment if it submits evidence to
negate an essential element of the nonmoving party's claim or proves
that the nonmoving party's evidence fails to establish an essential
element of the nonmoving party's claim. (S: Kelsey; H: Dennis)
Senate Status: Set for Senate Judiciary Committee 04/27/2011.
House Status: House General Subcommittee of Judiciary 04/27/2011 recommended with amendment 1. Sent to House Judiciary.
|
SB 1164
Norris
HB 0178
Todd
|
Citizens' Right to Know: Pretrial Release Program. Creates a
Citizens' Right to Know: Pretrial Release Program as a three year pilot
project for all counties with a population over 300,000. Requires the
agencies operating under the pilot project to record and report to the
judiciary committee their findings regarding the number of defendants
recommended for release without bond, the number who failed to appear,
and the number who were rearrested. Requires agencies to report an
accounting of the amount of the agency's annual budget used to guide
defendants eligible for secured release to obtain release through a
non-government sponsored program. (S: Norris; H: Todd)
Senate Status: Referred to Senate Judiciary.
House Status: House Judiciary Committee deferred to 05/03/2011.
|
SB 1186
Burks
HB 1858
Windle
|
Judicial sales of real or personal property - fees. Revises
provisions for auctioneer's fee at judicial sales of real or personal
property. Changes the fee from not more than 10% of the sale price to an
amount at the court's discretion. (S: Burks; H: Windle)
Amendment: House amendment 1 rewrites the bill. Requires an
auctioneer's fee for a public sale not exceed eight percent of the sale
price on real property, instead of the current maximum of six percent.
Senate Status: Referred to Senate Judiciary.
House Status: House 04/18/2011 passed with amendment 1.
|
SB 1197
Yager
HB 0827
Windle
|
Court reporter licensure. Allows any person who provides
satisfactory proof of graduation from a court reporting program prior to
January 1, 2010, to be licensed to practice as a court reporter. (S:
Yager; H: Windle)
Senate Status: Set for Senate Judiciary Committee 04/27/2011.
House Status: House Judiciary Committee deferred to 2012.
|
SB 1279
Ketron
HB 1225
Bass
|
Ineffective attorneys will not receive state funds. Prohibits any
attorney who has admitted to or has been found by a court of competent
jurisdiction to have rendered ineffective assistance of counsel in a
criminal case from being paid or reimbursed any funds from the treasury
of this state for services or expenses. Requires the attorney to furnish
to the administrative office of the courts evidence that he or she has
successfully completed the necessary counseling before such attorney is
authorized to receive state funds for legal service again. (S: Ketron;
H: Bass)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House General Subcommittee of Judiciary.
|
SB 1454
Overbey
HB 1368
Dennis
|
Judicial council. Recreates the judicial council. Establishes
council members. Creates a sunset date of two years. Limits members to
two full consecutive terms. Establishes duties of council. Allows
members to be compensated for their actual expenses but provides no
compensation. Requires clerks of circuit courts and clerks and masters
of chancery courts to monthly report certain information to the council.
(10 pp.) (S: Overbey; H: Dennis)
Senate Status: Referred to Senate Government Operations.
House Status: Referred to House General Subcommittee of Judiciary.
|
SB 1455
Overbey
HB 1367
Dennis
|
Written response to complaint filed against judge. Allows
disciplinary counsel to request the judge to file a written response
within 20 days, instead of 30 days, after service of the complaint filed
against the judge. (S: Overbey; H: Dennis)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House General Subcommittee of Judiciary.
|
SB 1522
Norris
HB 2008
McCormick
|
Tennessee Civil Justice Act of 2011. Enacts the "Tennessee Civil
Justice Act of 2011." Specifies new venue requirements for any civil
suit against a company to no longer include any county in which the
business has an agency or office. Reduces from $75,000,000 to
$25,000,000 the maximum bond a civil litigant must post to appeal a
final order and stay execution of the order while on appeal. Establishes
a normal rule requiring bond equal to 125% of the judgment, excludes
punitive damages from the calculation of the bond amount and provides
for an appeal without the risk of bankruptcy. Clarifies that a civil
plaintiff may recover for economic losses incurred but not for charges
subject to discounts or forgiveness of such health care charges that
would be discounted under a health care plan. Limits non-economic
damages to $750,000 per injured plaintiff outside of the health care
liability action context and $750,000 per occurrence in the health care
liability action context.
Provides limits for punitive damages at two times compensatory damages
or $500,000 whichever is greater. Prevents punitive damages in products
liability actions when the defendant complied with state and federal
regulations. Limits liability of a seller of a product except in certain
specific circumstances. Enables interlocutory appeal of orders granting
or denying class certification and automatic stays. (Part of
Administration Package) (13 pp.) (S: Norris; H: McCormick)
Senate Co-Sponsor: Kelsey
House Co-Sponsors: Dennis; DeBerry J.
Amendment: House Judiciary amendment 1 rewrites the bill.
Removes venue from the county where the plaintiff resides in cases
involving a defendant who is not a natural person and the county where
the defendant is found in civil actions of a transitory nature. Allows
venue in the county where the defendant's statutorily designated agent
is located when the defendant does not have an agent for service of
process and is not a natural person. Deletes a provision requiring venue
in the court district the tort arose when parties are residents of the
same county but different court districts from applying to corporations.
Deletes a code section designating venue for cases involving foreign
corporations. Deletes a provision establishing what damages are
available in a healthcare liability action and what is considered
economic damages. Limits noneconomic damages to $750,000 per individual
in all civil actions including healthcare liability actions and applies
the limitation to all
occurrences that were or could have been asserted. Provides that the
$750,000 noneconomic limitation per plaintiff shall apply in cases of
comparative fault with multiple defendants. Raises the noneconomic
damages limitation to $1,000,000 in cases of catastrophic injury defined
to include spinal cord injuries resulting in paraplegia or
quadriplegia, amputation of hands or feet, third degree burns on over 40
percent or more of the body or face, and wrongful death of a parent
leaving a surviving minor child. Applies the limitation to all
noneconomic damages in the aggregate including pain and suffering, a
spouse or child's loss of consortium claim, and any other derivative
claim of noneconomic damages. Prohibits the noneconomic damages
limitation from being disclosed to the jury. Exempts from the
noneconomic damages limitation cases in which the defendant's acts or
omissions causing the injury resulted in conviction of a felony, the
defendant intentionally falsified, destroyed, or
concealed material evidence in an effort to evade liability, or the
defendant was under the influence and substantially impaired which
caused the injury. Prohibits noneconomic damage awards for harm or loss
of property unless otherwise provided by statute. Requires all
calculations for future damages awards be adjusted to reflect net
present value. Deletes language specifying economic damages shall not
include charges that have been or are subject to discount or forgiveness
for any reason. Requires the trier of fact to determine by special
verdict if a defendant's conduct was malicious, intentional, fraudulent,
or reckless when punitive damages are being sought and requires an
immediate evidentiary hearing to determine the amount of punitive
damages if such conduct is determined to exist. Rewrites exceptions to
the punitive damages limitation to include when the defendant's acts or
omissions resulted in conviction of a felony, the defendant was under
the influence and substantially
impaired, or the defendant intentionally falsified, destroyed, or
concealed records of material evidence to evade liability. Removes
language placing the burden of proof on the claimant to show a
manufacturer engaged in specified activities to be eligible for a
punitive damage award. Maintains current code language creating a
rebuttable presumption that a product is not unreasonably dangerous if
in compliance with applicable government regulations. Allows a seller to
be sued under a products liability claim when any manufacturer or
distributor are not subject to service of process in this state instead
of only permitting suit against U.S. manufacturers or distributors.
Requires the attorney general receive a copy of a notice of appeal to a
judgment on an unfair and deceptive act or practice claim and permits
the attorney general to intervene. Changes the acts effective date from
July 1, 2011 to October 1, 2011.
Senate Status: Senate Judiciary recommended 04/26/2011 with amendment 1 and 2. Sent to Senate Calendar Committee.
House Status: Set for House Calendar & Rules Committee 04/28/2011.
|
SB 1660
Tracy
HB 1782
McCormick
|
Attorney general may recover proceeds in civil action. Grants the
attorney general the power to recover in a civil action property or
proceeds obtained through unlawful conduct prohibited by state criminal
law, whether or not criminal charges have been brought for the related
offense. (S: Tracy; H: McCormick)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House General Subcommittee of Judiciary.
|
SB 1807
Johnson J.
HB 1861
Sargent
|
Frivolous appeals - awarding of fees. Authorizes the court, when
it appears to any reviewing court that the appeal from any court of
record was frivolous or taken solely for delay, to either award just
damages against the appellant and expenses incurred by the appellee as a
result of the appeal, including but not limited to, the appellee's
attorneys' fees and any related filing costs. (S: Johnson J.; H:
Sargent)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House General Subcommittee of Judiciary.
|
HB 1100
Montgomery
|
Judicial nomination restrictions. Prohibits members of the
judicial nominating commission from being eligible to be nominated by
the commission within the four-year period, instead of two-year period,
immediately following the ending of that member's service on the
commission. (H: Montgomery)
House Status: Referred to House General Subcommittee of Judiciary.
|
HB 1830
Hawk
|
Grand Jury Act of 2011. Creates a process by which a grand jury
is selected. Requires grand jury members' names to be selected from a
box after being impaneled. Requires the judge to appoint a foreperson of
the grand juries in the counties of their respective jurisdictions. (H:
Hawk)
House Status: Referred to House General Subcommittee of Judiciary.
|
HB 1831
Hawk
|
Fully Informed Jury Act of 2011. Requires trial judges in
criminal jury trials to inform the jury that the jury can decide the
facts and law throughout the trial, including whether a law is just,
moral, and constitutional. Requires the judge to make this statement
three times during the trial. Establishes that reversible error and
grounds for mistrial exist if the judge does not inform the jury of this
or if any other party discourages the jury from exercising this right.
(H: Hawk)
House Status: Referred to House General Subcommittee of Judiciary.
|
SJR 0032
Ketron
|
U.S. Constitution amendment - vote to increase federal debt. Makes
application for an amendments convention under Article V of the
Constitution of the United States to consider an amendment to the
federal constitution requiring at least two-thirds majority of the
legislatures of the separate states to approve an increase in the
federal debt. (S: Ketron)
Senate Status: Referred to Senate Finance, Ways & Means.
|
SJR 0045
Beavers
|
Constitutional amendment - compensation of judges. Proposes an
amendment to Article VI, Section 7 of the Tennessee Constitution, to
authorize diminishment of compensation as a sanction for judicial
misconduct in office. (S: Beavers)
Senate Status: Set for Senate Judiciary Committee 04/27/2011.
|
SJR 0054
Faulk
|
Constitutional amendment - February-May legislative session. Proposes
an amendment to the TN Constitution to set the annual regular
legislative session of the General Assembly to begin on the first
Tuesday in February and end no later than the fourth Thursday in May.
Abolishes the 90-day limit for which legislators may be compensated for
expenses and travel allowances for regular session. (S: Faulk)
Senate Co-Sponsor: Yager
Senate Status: Set for Senate Judiciary Committee 04/27/2011.
|
SJR 0142
Johnson J.
|
Constitutional amendment - restraining of judicial activism. Proposes
an amendment to Article VI, of the Constitution of Tennessee, to
restrain the judicial activism of state judges. (S: Johnson J.)
Senate Co-Sponsor: McNally
Senate Status: Introduced 3/21/2011
|
SJR 0183
Norris
|
Constitutional amendment - election of appellate judges. Proposes
an amendment to Section 3 of Article VI of the Tennessee Constitution
to unequivocally authorize the general assembly, by statute, to
establish a system of merit-based appointments with retention elections
for appellate court judges. (S: Norris)
Senate Status: Senate Judiciary recommended 04/26/2011 with amendment 1. Sent to Senate Calendar Committee.
|
HJR 0032
Casada
|
Tennessee Health Care Freedom Amendment to Constitution. Prohibits
public officials in Tennessee from taking any action that would violate
the public policy that every person is free to choose or decline to
choose any mode of securing health care services. (H: Casada)
House Co-Sponsors:
Eldridge; Womick; Cobb J.; Butt; Halford; Ragan; Shipley; Rich; Sexton;
Williams R.; Sargent; Hurley; Evans; Hensley; Floyd; Faison; Holt;
Marsh; Pody; Maggart; Niceley; Carr; Watson E.; Hill; Dean; Gotto; Elam;
Sparks; Alexander; Forgety
House Status: Referred to House General Subcommittee of Commerce.
|
HJR 0062
Pody
|
Constitutional amendment - term limits for general assembly. Proposes
a constitutional amendment to establish term limits of 12 consecutive
years for members of the general assembly. Specifies that service in one
house will not count toward the limit for the other house. Clarifies
that time served during less than a full term to fill a vacancy is not
included in the term limit. (H: Pody)
House Status: Failed 03/30/2011 in House General Subcommittee of State & Local Government.
|
HJR 0069
Turner M.
|
Constitutional amendment - statewide popular election. Proposes
amendments to the Tennessee Constitution to provide for the statewide
popular election of the lieutenant governor, attorney general and
reporter, secretary of state, state comptroller of the treasury, and
state treasurer. (H: Turner M.)
House Status: Referred to House General Subcommittee of Judiciary.
|
SR 0011>
Beavers
|
TN Rules of Evidence. Approves the amendments and revisions to
the Tennessee Rules of Evidence promulgated by the Supreme Court of
Tennessee. (S: Beavers)
Senate Status: Senate 04/04/2011 adopted.
Other Status: Sent 04/04/2011 to Senate speaker for signature.
|
SR 0012>
Beavers
|
TN Rules of Civil Procedure. Approves the amendments and
revisions to the Tennessee Rules of Civil Procedure promulgated by the
Supreme Court of Tennessee. (S: Beavers)
Senate Status: Senate 04/04/2011 adopted.
Other Status: Sent 04/04/2011 to Senate speaker for signature.
|
SR 0013>
Beavers
|
TN Rules of Appellate Procedure. Approves the amendments and
revisions to the Tennessee Rules of Appellate Procedure promulgated by
the Supreme Court of Tennessee. (S: Beavers)
Senate Status: Senate 04/04/2011 adopted.
Other Status: Sent 04/04/2011 to Senate speaker for signature.
|
SR 0014>
Beavers
|
TN Rules of Criminal Procedure. Approves the amendments and
revisions to the Tennessee Rules of Criminal Procedure promulgated by
the Supreme Court of Tennessee. (S: Beavers)
Senate Status: Senate 04/04/2011 adopted.
Other Status: Sent 04/04/2011 to Senate speaker for signature.
|
HR 0033
Dennis
|
Rules of Evidence. Approves the amendments and revisions to the
Tennessee Rules of Evidence promulgated by the Supreme Court of
Tennessee. (H: Dennis)
House Status: Set for House Calendar & Rules Committee 04/28/2011.
|
HR 0034
Dennis
|
Rules of Civil Procedure. Approves the amendments and revisions
to the Tennessee Rules of Civil Procedure promulgated by the Supreme
Court of Tennessee. (H: Dennis)
House Status: Set for House Calendar & Rules Committee 04/28/2011.
|
HR 0035
Dennis
|
Rules of Appellate Procedure. Approves the amendments and
revisions to the Tennessee Rules of Appellate Procedure promulgated by
the Supreme Court of Tennessee. (H: Dennis)
House Status: Set for House Calendar & Rules Committee 04/28/2011.
|
HR 0036
Dennis
|
Rules of Criminal Procedure. Approves the amendments and
revisions to the Tennessee Rules of Criminal Procedure promulgated by
the Supreme Court of Tennessee. (H: Dennis)
House Status: Set for House Calendar & Rules Committee 04/28/2011.
|
LABOR LAW |
SB 0040
Faulk
HB 0205
Harrison
|
Base period calculation excludes temporary total disability. Excludes
periods of temporary total disability under the workers compensation
law from calculation of the base period concerning unemployment
compensation. (S: Faulk; H: Harrison)
House Co-Sponsor: Matlock
Senate Status: Senate Commerce, Labor & Agriculture recommended 02/15/2011. Sent to Senate Finance, Ways and Means.
House Status: House General Subcommittee of Finance 04/27/2011 set behind budget.
Other Status: Set for Workers' Compensation Advisory Council 02/28/2011.
|
SB 0401
Campfield
HB 0599
Casada
|
Political donations by labor organizations. Establishes
requirements regarding labor organizations expending money for political
activities. Allows a labor organization to make expenditures for
political activities only if the organization establishes a segregated
fund. Requires a labor organization to ensure that: (1) In soliciting
contributions for the fund, the solicitor discloses that contributions
are voluntary and that the fund is a political fund and will be expended
for political activities; (2) Union dues are not used for political
activities, transferred to the fund, or intermingled with fund moneys;
(3) The cost of administering the fund is paid from fund contributions
and not from union dues; and (4) Each contribution is a voluntary
contribution from a member and not from or remitted by the employer of
the member. Requires the organization, when soliciting contributions to
the fund from an employee, to inform the employee of the fund's
political purpose and of the
employee's right to refuse to contribute without fear of reprisal or
loss of membership in the labor organization. Puts burden of proof on
the labor organization to establish that such requirements have been
met. Provides that a labor organization may use union dues to lobby or
communicate directly with its own members about political candidates,
ballot propositions, and other political issues. (S: Campfield; H:
Casada)
Senate Status: Senate Commerce, Labor & Agriculture deferred to January 2012.
House Status: Referred to House General Subcommittee of Consumer & Employee Affairs.
|
SB 0435
Southerland
HB 0908
Hill
|
Allows reimbursement to employer from employee's last check. Permits
deduction of amounts owed to an employer from an employee given proper
steps are taken to notify employee. Applies to any amount due an
employer from an employee, including, but not limited to, loans, tuition
grants, corporate credit card accounts, cash advances, and the excess
of advances against company expenses. (S: Southerland; H: Hill)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Referred to House General Subcommittee of Consumer & Employee Affairs.
|
SB 0519
Bell
HB 0283
Dennis
Public Chapter (PDF)
|
Employer allowing gun on property not TOSHA violation. Specifies
that a corporation, business entity or governmental entity permitting a
person with a handgun carry permit to carry a handgun on such entity's
property does not constitute a TOSHA occupational safety and health
hazard. (S: Bell; H: Dennis)
Amendment: Senate amendment 1 specifies that as a matter of
law, rather than as a matter of legislative intent, an employer
permitting a person with a handgun carry permit to carry a handgun on
the employer's property by failing to post a prohibition against such
activity on the premises of the owner's business does not constitute an
occupational safety and health hazard to the employees.
Senate Status: Senate 02/28/2011 passed with amendment 1.
House Status: House passed 03/17/2011.
Other Status: Enacted as Public Chapter 0033 (effective 03/31/2011).
|
SB 0939
Kelsey
HB 1642
Dennis
|
Burden of proof in employment discrimination claims. Places
specific burdens of proof on persons bringing claims regarding
discrimination in employment or retaliatory discharge under specifically
listed causes of action such as employment related discrimination,
employment discrimination of the disabled, discharge for refusal to
participate in illegal activities or remain silent, or discharge for
the exercise of constitutional rights and allows the employer to prevail
in any such action if they can prove the challenged employment action
was based upon a legitimate business purpose. (S: Kelsey; H: Dennis)
Senate Status: Senate Judiciary deferred to 04/19/2011.
House Status: Referred to House General Subcommittee of Consumer & Employee Affairs.
|
SB 0940
Kelsey
HB 1641
Dennis
|
Employment discrimination and retaliatory discharge claims. Establishes
a framework for the consideration of evidence offered during all stages
of the proceedings in employment discrimination and retaliation cases.
(S: Kelsey; H: Dennis)
Senate Status: Senate Judiciary deferred to 04/26/2011.
House Status: House General Subcommittee of Judiciary 04/27/2011 recommended. Sent to House Judiciary.
|
SB 1032
Ketron
HB 1833
Miller D.
|
Work stoppage penalties & employee association changes. Requires
the commissioner of finance and administration to discontinue deducting
membership dues for certain members of an organization if the
commissioner finds that 10 percent or more of the organization's members
in a single work location have engaged in any kind of a work stoppage.
Adds a 1,000 dollar civil penalty for each day the violation occurs.
Requires all correspondence by state department or agency in relation to
labor negotiations to be public records. Requires labor negotiations
between public employee unions and representatives of the state to be
recorded and available on the state's website. Decreases the length of
the leave of absence from "two years" to "12 months" and specifies that
the department head must allow such leave only if the leave request does
not interfere with the operation of that department. Disallows the
receiving of benefits while on leave. Generally, under present law, an
officer or an
employee who belongs to any employee association that is qualified for
payroll deduction for association dues is entitled to use two days of
their accrued annual leave each year to attend a statewide meeting,
conference or convention of the association. The total number of
officers or employees entitled to such annual leave may not exceed 5
percent of the total number of employees who are members of the
association according to the latest certification of the chief
administrative officer made to the commissioner of finance and
administration. This bill decreases the length of such leave from "two
days" to "one day" and specifies that the officer or employee is
entitled to such leave only so long as the leave does not disrupt the
office's operation. This bill decreases the maximum number of officers
or employees that may take such leave from "5 percent" to "2 percent" of
the total number of employees who are members of the association
according to the latest certification of the chief
administrative officer made to the commissioner. (S: Ketron; H: Miller
D.)
Amendment: Senate amendment 1 deletes original bill's
"whereas" clauses. Requires the commissioner to cease deducting
membership dues, if the commissioner determines that "20 percent or
more," instead of original bill's "10 percent or more," of the members
in a single work location or facility have engaged in a work stoppage of
any kind. Deletes provision that added civil penalty of $1,000 per day
per violation. Deletes provision requiring all correspondence by state
department or agency in relation to labor negotiations to be public
records. Deletes provision requiring labor negotiations between public
employee unions and representatives of the state to be recorded and
available on the state's website. Generally, under present law, an
officer or an employee who belongs to any employee association that is
qualified for payroll deduction for association dues is entitled to use
two days of their accrued annual leave each year to attend a statewide
meeting, conference or
convention of the association. The total number of officers or employees
entitled to such annual leave may not exceed 5 percent of the total
number of employees who are members of the association according to the
latest certification of the chief administrative officer made to the
commissioner of finance and administration. This amendment changes the
length of such leave back to "two days". Removes original bill's
statement that the officer or employee is entitled to such leave only so
long as the leave does not disrupt the office's operation Makes the
maximum number of officers or employees that may take such leave to "2
percent" of the total number of employees who are members of the
association according to the latest certification of the chief
administrative officer made to the commissioner.
Senate Status: Senate 04/18/2011 passed with amendment 1.
House Status: Referred to House General Subcommittee of Consumer & Employee Affairs.
|
SB 1033
Ketron
HB 2019
Holt
|
Disruptive and illegal conduct by unions. Specifies that it is
not a defense to a charge of bribery of a public servant to claim the
bribe was made on behalf of a union or employee organization. Creates as
an offense of extortion or intimidation from the exercise of civil
rights any damages, harm, injuries or threats inflicted on or the
prevention of the exercise of state and federal rights of a business or
representative employee in order to meet the objectives of a union or
employee organization's corporate campaign. Includes within the offense
of disorderly conduct, picketing that involves threatening and violent
behavior. Adds an organized union event causing a disruption of the
peace to the definition of riot as it is used to determine criminal
liability. (S: Ketron; H: Holt)
Amendment: House Judiciary amendment 1 rewrites the bill.
Includes in the definition of "riot" persons engaging in specified
activities whether or not they are participating in any otherwise lawful
activity instead of listing the participation in a union or employee
organized event as a specified, otherwise lawful, activity that could
constitute a riot. Excludes from the definition of "disorderly conduct"
targeted picketing of a residential structure that is used as a place of
business. Adds to the definition of "civil rights intimidation" and
"abuse of a corpse" restricting a business or employees from exercising
their rights under the state and federal constitution and laws, instead
of state and federal laws alone.
Senate Status: Senate Judiciary recommended 04/26/2011 with amendment 1. Sent to Senate Calendar Committee.
House Status: House deferred to 05/02/2011.
|
SB 1034
Ketron
HB 1586
Ragan
|
Violence in the workplace. Broadens the definition of unlawful
violence as it applies to violence in the workplace to specifically
include intimidation and extortion. Authorizes employers and employees
to seek temporary restraining orders and injunctions against individuals
and/or any affiliated organization, such as unions, when the individual
or an organization engages in unlawful violence. (S: Ketron; H: Ragan)
Senate Status: Senate Commerce, Labor & Agriculture recommended 03/29/2011. Sent to Senate Calendar Committee.
House Status: House passed 04/21/2011.
|
SB 1036
Ketron
|
Fees of labor or employee organizations. Requires a labor or
employee organization to obtain annual written, voluntary consent for
the use of any dues or fees towards any activity other then collective
bargaining, contract administration, and grievance adjustment and be
capable of providing records that indicate the portion of funds expended
on specific types of activities upon employee request. Permits an
employee to submit notice at any time that they will only agree to pay
mandatory dues. (S: Ketron)
Senate Status: Withdrawn 03/04/2011 in Senate.
|
SB 1113
Kelsey
HB 1357
Dennis
|
Burden shifting in employment litigation. Requires courts to
allow burden shifting in employment litigation concerning all motions
for summary judgment. (S: Kelsey; H: Dennis)
Senate Status: Referred to Senate Judiciary.
House Status: House General Subcommittee of Judiciary 04/27/2011 recommended. Sent to House Judiciary.
|
SB 1351
Finney L.
HB 1520
Turner M.
|
Requires employers to use E-verify system. Requires all public
employers to be registered with the federal work authorization program
by January 1, 2012. Prohibits any employer from hiring an illegal alien.
Requires all employers to check the work authorization status of each
employee. Allows for private employers to either comply with the
Immigration and Reform and Control Act of 1986 or to use the federal
work authorization program. Sets forth procedures for employers to
follow if the federal work authorization program returns a tentative
nonconfirmation for an employee, prohibiting the employer from taking
any adverse action against the employee while the employee contests a
tentative nonconfirmation. Requires employer to terminate an employee
who receives a final nonconfirmation. Establishes penalties for
employers who violate these requirements. Establishes penalties for
employers found to have violated such provisions, including license
suspensions and publicly displaying
the company's name and violations. Requires contractors to submit to the
general contractor federal work authorization confirmation for any
employee hired on or after January 1, 2012 and copies of two of the
following documents for each contractor and independent contractor: TN
driver license or photo license, a social security card or U.S. birth
certificate. Broadly captioned. (11 pp.) (S: Finney L.; H: Turner M.)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: House General Subcommittee of State & Local Government deferred to 2012.
|
SB 1353
Finney L.
HB 1521
Turner M.
|
Requires private employers to use E-Verify. Requires all private
employers to be registered with the federal work authorization program,
E-Verify, by January 1, 2012. Prohibits any private employer from hiring
an illegal alien. Requires all private employers to check the work
authorization status of each employee hired on or after January 1, 2012.
Allows for public employers to either comply with the Immigration and
Reform and Control Act of 1986 or to use E-Verify. Sets forth procedures
for employers to follow if the federal work authorization program
returns a tentative nonconfirmation for an employee, prohibiting the
employer from taking any adverse action against the employee while the
employee contests a tentative nonconfirmation. Requires employer to
terminate an employee who receives a final nonconfirmation. Establishes
penalties for employers who violate these requirements, and requires the
commissioner of labor and workforce development to maintain on its web
site a
public database of private employers who violate these requirements and
to post notice of public employers with violations. Requires contractors
to submit to the general contractor E-Verify confirmation for any
employee hired on or after January 1, 2012 and copies of two of the
following documents for each contractor and independent contractor: TN
driver license or photo license, a social security card or U.S. birth
certificate. Broadly captioned. (11 pp.) (S: Finney L.; H: Turner M.)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: House General Subcommittee of State & Local Government deferred to 2012.
|
SB 1482
Marrero
HB 1514
Turner M.
|
Pay Equity in the Workplace Act of 2011. Prohibits discrimination
solely based on sex concerning differences in pay. Allows employees to
be paid differently based on other legitimate reasons, such as
seniority, merit, and a differential based on bona fide factors other
than sex that is job-related or furthers a legitimate business purpose.
Requires commissioner of labor and workforce development to establish a
program that recognizes employers that adjust their wage scales to
ensure that women are paid fairly compared to men. Requires commissioner
to develop guidelines to assist employers in evaluating job categories
based on objective criteria. Allows non-government employers to be
liable for punitive damages for actions based on sexual discrimination.
Creates an award system for employers who make substantial efforts to
eliminate pay disparities. Allows economic council on women to conduct
certain research and provide certain training aimed to eliminating such
pay disparities.
Allows economic council on women to create reports based on its findings
to be submitted to the commissioner, governor, and speakers of both
chambers. (10 pp.) (S: Marrero; H: Turner M.)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Referred to House General Subcommittee of Consumer & Employee Affairs.
|
SB 1611
Marrero
HB 1515
Turner M.
|
Unemployment benefits for victims of domestic violence. Prohibits
persons from being denied unemployment benefits due to the person
quitting or being discharged because the person was a victim of domestic
violence. Allows the person to prove such victim status by presenting a
restraining order, police record, evidence of domestic violence
aggressor, medical documentation, or other information. (S: Marrero; H:
Turner M.)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Referred to House General Subcommittee of Consumer & Employee Affairs.
|
SB 1669
Tracy
HB 1378
Carr
|
Tennessee Lawful Employment Act. Requires all employers to enroll
and maintain participation in the E-Verify program. Requires all
employers to check the work authorization status of each employee hired
on or after October 1, 2011. Creates office of employment verification
assistance within the department of labor and workforce development.
Requires employers to be penalized according to the "False Claims Act"
when submitting fraudulent documents. Requires a statewide auditing
program to inspect employer compliance. Establishes procedures to
investigate complaints. Prohibits employers from hiring unauthorized
aliens. Requires certain contractors to receive an affidavit from their
subcontractors stating full compliance with this section. Requires
notification to the United States immigration and customs enforcement of
any employer found in violation. Requires notification to the
immigration and customs enforcement and local law enforcement if an
unauthorized alien is found
working for an employer. Provides for suspension and revocation of
business licenses for violations. Requires the commissioner of labor and
workforce development to maintain on its web site a public database of
employers who violate these requirements. Broadly captioned. (21 pp.)
(S: Tracy; H: Carr)
Senate Co-Sponsor: Beavers
House Co-Sponsors:
Maggart; Matheny; Shipley; White M.; Watson E.; Sexton; Casada; Miller
D.; Floyd; Lollar; Weaver; Womick; Campbell S.; Sparks; Pody; Rich;
Hensley; Hill; Hurley; Wirgau; Ragan; Keisling; Gotto; Hall; Butt;
Coley; Todd; Faison; Williams R.; Forgety; Ford D.; Holt; Eldridge;
Brooks, Harry; Swann; Cobb J.; Dean; McManus; Hawk; Evans; Powers;
Sanderson; Matlock; Halford; Harrison; Elam; Alexander; Brooks, Kevin;
Dennis; Williams K.
Amendment: Senate Commerce, Labor and Agriculture amendment 1
no longer deletes the current code providing rules for complaints,
investigations, hearings, and penalties for the employment of illegal
aliens. Requires the commissioner to notify the department of homeland
security and the commissioner of finance and administration of a person
found in violation for employing an illegal alien. Narrows the
definition of private employer to include persons required to complete a
remuneration tax form instead of persons who have applied for a license
in the state in addition to various definition changes. Lengthens all
deadlines regarding compliance with E-verify enrollment, participation,
and work status verification requirements from October 1, 2011 to
January 1, 2012. Requires enrollment in the program prior to employing a
person instead of by a specific date. Requires employers to maintain a
copy of a valid Tennessee driver's license, photo identification, or
out-of-state
identification meeting specified standards for non-employees. Requires
an employer to maintain employee and non-employee records for three
years after the hiring date or one year after employment ends, whichever
is later. Deletes provisions regarding employers without internet
service and the filing of fraudulent affidavits. Requires the
commissioner to conduct inquiries of compliance instead of requiring a
statewide random auditing program. Requires complaints filed by state
residents to include satisfactory evidence of a violation. Requires the
commissioner conducting complaint inquiries to request and within 30
days the employer provide documentation of compliance. Allows the
commissioner to issue either a preliminary or final order if compliance
documentation is not submitted within 30 days. Deletes the imposition of
civil penalties for false and frivolous complaints. Increases the time
allowed to contest a preliminary order from 10 to 30 days and deletes
the requirement that such
hearings be completed within 60 days. Permits instead of requires
specified civil penalties or license suspension for first and subsequent
violations. Deletes violations for knowingly employing an unauthorized
alien or using a contract, subcontract, or independent contractor
agreement to obtain the labor of an unauthorized alien. Allows the
department to pursue sanctions against employers who knowingly
misclassify a person as a non-employee to avoid statutory requirements.
Deletes document requirements placed on general contractors and sub
contractors entering in to contracts with another contractor. Deletes
employer exemptions from civil liability for terminating an employee to
comply with this section. House State and Local Government amendment 1
deletes the original bill. Requires employers to enroll in the federal
E-verify program and verify the work authorization status of all
employees hired after January 1, 2012. Requires the Department of Labor
and Workforce Development (DLWD)
to establish an Office of Employment Verification Assistance to assist
employers without internet access to verify employees; authorizes DLWD
to hire no more than one person to staff the Office. Prohibits the
employment of unauthorized aliens. The penalty for a first violation is a
$1,000 civil penalty for each unauthorized employee; for a second
violation, a $2,500 civil penalty; for a third violation, a $5,000 civil
penalty. Authorizes the Commissioner of DLWD to issue a warning in lieu
of penalties if the employer remedies the violation within 30 days and
a determination is made that the violation was unintentional. Requires
DLWD to notify employers of alleged violations if there is satisfactory
evidence of a violation in a received complaint. Requires employers to
provide documentation showing compliance if a notification of violation
is received. Requires DLWD to make inquiries into employers' compliance
with requirements in conjunction with any pending investigations or
inquiries. Requires DLWD to list publicly on its website, a list of
employers in violation. Requires proof of E-verify enrollment prior to
any private employer receiving economic development incentives. Creates
the Lawful Employment Enforcement Fund, to which all penalties collected
pursuant to this bill will be deposited, and from which funds will be
used to administer the provisions of this bill.
Senate Status: Senate Commerce, Labor & Agriculture
recommended 04/05/2011 with amendment 1, as amended. Sent to Senate
Finance, Ways & Means.
House Status: House Government Operations 04/27/2011 recommended. Sent to House Finance, Ways & Means.
|
SB 1677
Tracy
HB 1289
Butt
|
Substance abuse screening program required for benefits. Requires
individuals applying for food stamp program benefits, unemployment
benefits, and families first assistance to submit to drug testing.
Stipulates individuals testing positive for unprescribed controlled
substances are ineligible to receive benefits for a specified time
period until the individual can tested and found to not test positive
for such substances. Prohibits felons of certain drug crimes from
receiving certain benefits. (S: Tracy; H: Butt)
Senate Status: Referred to Senate General Welfare.
House Status: Referred to House General Subcommittee of Health & Human Resources.
|
SB 1745
Ketron
HB 1747
McDaniel
|
Right to use secret ballot. Allows employees who have the
opportunity to select an exclusive bargaining representative to make
vote in a secret ballot election. Creates a Class C misdemeanor for any
person to interfere with another person's secret ballot vote, including
directly and indirectly by causing certain strikes to occur. Prohibits
employee representation organizations and employers from interfering
with such right. Establishes an unfair labor practice and a Class C
misdemeanor for the employer to interfere with the administration of a
labor organization or bargain collectively with such organization that
has not been selected by a majority of the employees in a secret ballot
election. Creates Class A misdemeanors for certain right to work
violations regarding denying work to person related to employee
organizations. (S: Ketron; H: McDaniel)
Senate Status: Senate Commerce, Labor & Agriculture recommended 04/19/2011. Sent to Senate Calendar Committee.
House Status: Set for House Calendar & Rules Committee 04/28/2011.
|
SB 1808
Johnson J.
HB 1819
Lundberg
|
Monies owed to an employer by an employee. Authorizes an employer
to offset amounts owed to the employer by an employee against the
employee's wages if the employee owes the employer money that the
employer loaned or advanced the employee or if the employer allowed the
employee to charge personal items on a company credit card. Requires
that there be a written agreement between the employer and employee
stating such arrangement. Requires the employer to notify the employee
by writing 14 days prior to offsetting the wages. Specifies that if the
employee sends an affidavit contesting the amount owed no later than
seven days after receiving notice from the employer, then the employer
is not entitled to offset the wages. (S: Johnson J.; H: Lundberg)
House Co-Sponsor: Hardaway
Amendment: Senate Commerce, Labor and Agriculture amendment 1
adds that if an employee contests an amount, then the employer shall be
required to commence an appropriate civil action to recover the amount
the employer alleges that the employee owes the employer.
Senate Status: Senate Commerce, Labor & Agriculture recommended 04/26/2011 with amendment. Sent to Senate Calendar Committee.
House Status: House passed 04/14/2011.
|
SB 1983
Stewart E.
HB 2105
Turner M.
|
Use of E-verify system by employers. Requires all employers to
register with the E-verify system and verify the employment eligibility
of all employees. Broadly captioned. (S: Stewart E.; H: Turner M.)
Senate Status: Senate Commerce, Labor & Agriculture deferred to 04/12/2011.
House Status: Referred to House General Subcommittee of State & Local Government.
|
LOCAL GOVERNMENT |
SB 0089
Ketron
HB 0127
Sargent
Public Chapter (PDF)
|
Planning commissions and initiation of certain projects. Deletes
provision allowing municipal and regional planning commissions to
tentatively approve plats prior to road improvements and utility
installations actually being made. (S: Ketron; H: Sargent)
House Co-Sponsor: Elam
Amendment: Senate amendment 1 rewrites this bill and changes
present law by authorizing the regulations or practice of planning
commissions to provide for the "preliminary", rather than "tentative",
approval of a plat prior to the developer making improvements.
Senate Status: Senate 03/10/2011 passed with amendment 1.
House Status: House passed 03/31/2011.
Other Status: Enacted as Public Chapter 0073 (effective 04/14/2011).
|
SB 0090
Ketron
HB 0124
Sargent
|
Local governments' zoning authority. Authorizes counties and
municipalities to establish zoning districts or provisions for planned
unit developments, overlay districts, mixed use developments,
condominiums, and other types of sustainable design and development of
property, and procedures for review and approval of such uses. (S:
Ketron; H: Sargent)
House Co-Sponsor: Elam
Senate Status: Senate State & Local Government deferred to 03/08/2011.
House Status: Taken off notice 03/16/2011 in House General Subcommittee of State & Local Government.
|
SB 0347
Haynes J.
HB 0125
Sargent
|
Municipalities' jurisdiction beyond corporate limits. Deletes
provision in the Comprehensive Growth Plan that allows a municipality in
a county without county zoning to provide extraterritorial zoning and
subdivision regulation beyond its corporate limits with the approval of
the county legislative body. (S: Haynes J.; H: Sargent)
House Co-Sponsor: Elam
Senate Status: Taken off notice in Senate State & Local Government 03/08/2011.
House Status: House General Subcommittee of State & Local Government referred to TACIR 03/09/2011.
|
SB 0547
McNally
HB 0953
Dunn
|
Majority approval required to exercise eminent domain. Requires
counties and municipalities to conduct public hearings on the necessity
of condemning property for a public purpose and obtain a majority vote
to approve the exercise of eminent domain. (S: McNally; H: Dunn)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House General Subcommittee of Judiciary.
|
SB 0548
McNally
HB 0952
Dunn
|
Right to repurchase property taken by eminent domain. Grants the
right of first purchase to the original owner or their ascertainable
heirs and assigns for property that was condemned by eminent domain
which was sold within ten years of being condemned or is no longer used
for the purpose for which it was condemned or any other authorized
public use. Allows 60 days for the property owner or heirs to make the
purchase for the same amount as the compensation given to them by the
condemning entity. Authorizes the property to be publicly sold if the
right to first purchase is not exercised within 60 days. (S: McNally; H:
Dunn)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House General Subcommittee of Judiciary.
|
SB 0630
Ketron
HB 0598
Casada
|
Equal Access to Intrastate Commerce Act. Prohibits any local
government from imposing on any person: (1) An employment practice,
standard, definition or provision that imposes or mandates health
insurance benefits, a minimum wage, or family leave requirements such as
those authorized by state law that varies in manner from state or
federal statutorily imposed or recognized requirements; or (2) An
anti-discrimination practice, standard, definition or provision that
varies in any manner from the definition of "discriminatory practices"
under present law, any term used in such definition, or other types of
discrimination recognized by state law but only to the extent recognized
by the state. Under this bill, any such anti-discrimination practice,
standard, definition, or provision imposed in violation of (2) on any
such person by a local government prior to the effective date of this
bill would be null and void. The above requirements of (1) and (2) would
not apply with respect to
employees of a local government. Additionally, this bill clarifies that
with regards to discriminatory practices and human rights, "sex" means
the designation of the person as male or female as indicated on the
person's birth certificate. Broadly captioned. (S: Ketron; H: Casada)
Senate Status: Taken off notice in Senate State & Local Government 03/29/2011.
House Status: House General Subcommittee of Commerce deferred to summer study.
|
SB 0631
Ketron
HB 0601
Casada
|
Equal Access to Intrastate Commerce Act. Enacts the "Equal Access
to Intrastate Commerce Act." Prohibits a local government from imposing
an anti-discrimination standard that deviates or supplements the
definition of "discriminatory practices" already existing in Tennessee
Code Annotated. Establishes that the only anti-discrimination employment
practices or standards that may be legally enacted by a local
government with respect to any person must be limited to race, creed,
color, religion, sex, age, or national origin. Prohibits any local
government from imposing on any person health insurance benefits,
minimum wage, or family leave requirements that deviates from state or
federal statutorily recognized requirements. (S: Ketron; H: Casada)
Senate Status: Referred to Senate State & Local Government.
House Status: Referred to House General Subcommittee of Commerce.
|
SB 0632
Ketron
HB 0600
Casada
|
Equal Access to Intrastate Commerce Act. Prohibits any local
government from imposing on any person an anti-discrimination practice,
standard, definition or provision that varies in any manner from the
definition of "discriminatory practices" under present law or other
types of discrimination recognized by state law but only to the extent
recognized by the state. Under present law, "discriminatory practices"
means any direct or indirect act or practice of exclusion, distinction,
restriction, segregation, limitation, refusal, denial, or any other act
or practice of differentiation or preference in the treatment of a
person or persons because of race, creed, color, religion, sex, age or
national origin. Under this bill, any such anti-discrimination practice,
standard, definition, or provision imposed on any such person by a
local government prior to the effective date of this bill would be null
and void. The above requirements would not apply with respect to
employees of a local
government. Additionally, this bill clarifies that with regards to
discriminatory practices and human rights, "sex" means the designation
of the person as male or female as indicated on the person's birth
certificate. Broadly captioned. (S: Ketron; H: Casada)
Senate Status: Senate State & Local Government deferred to 05/03/2011.
House Status: House passed 04/25/2011.
|
SB 0748
McNally
HB 0878
McDaniel
|
Local government debt management policies. Requires the
comptroller of the treasury to report the status of all local
governments' and local government entities' debt management policies. to
the state and local government committees of each house by the second
Tuesday in March. Specifies that report should include the total
outstanding debt for each local government and local government entity
for the most recent audited financial reporting period. (S: McNally; H:
McDaniel)
Senate Status: Referred to Senate State & Local Government.
House Status: Taken off notice 04/13/2011 in House General Subcommittee of State & Local Government.
|
SB 0995
McNally
HB 1248
Matlock
|
Litigation tax in Loudon County. Allows Loudon County to impose
an additional 5 dollars in litigation tax on all civil and criminal
cases to be used for grants to court appointed special advocates. (S:
McNally; H: Matlock)
Senate Status: Referred to Senate Judiciary.
House Status: House Finance, Ways & Means 04/26/2011 recommended. Sent to House Calendar & Rules.
|
SB 1889
Kyle
HB 1931
Towns
|
Disposition of assets of a publicly funded entity. Prohibits the
sale of or lease of a publicly funded entity in an municipality unless
approval is granted by referendum. Clarifies that "sale or lease" means
that more than 30 percent of the assets of the public funded entity are
subject to sale or lease. (S: Kyle; H: Towns)
Senate Status: Referred to Senate State & Local Government.
House Status: House State & Local Government deferred to 2012.
|
SB 1937
McNally
HB 1350
Hurley
|
Prohibits lease of property to unlawfully present persons. Allows
municipalities, counties, and metropolitan governments to prohibit
landlords from leasing real property to persons unlawfully present in
the United States by resolution or ordinance. Requires the attorney
general to draft and defend such resolutions and ordinances upon written
request by the government entity. (S: McNally; H: Hurley)
House Co-Sponsor: Campbell
Senate Status: Referred to Senate State & Local Government.
House Status: Taken off notice 03/23/2011 in House General Subcommittee of State & Local Government.
|
HB 0413
Casada
|
Constitutional county officer cannot hold other office. Prohibits
any county official, during the term of office to which such county
official was elected or appointed, from holding any other local or state
public office for profit. Prohibits any person serving as sheriff from
holding any local or state public office for profit. (H: Casada)
House Status: Withdrawn 03/10/2011 in House.
|
SJR 0021
Beavers
|
Constitutional amendment - election of county officers. Proposes
an amendment to Article VII of the Tennessee Constitution in order to
move the election of county officers from August to November. (S:
Beavers)
Senate Status: Taken off notice in Senate Judiciary 02/15/2011.
|
SJR 0044
Beavers
|
Constitutional amendment - election of county officers. Proposes
an amendment to the state constitution in order to move the election of
county officers and judges from August to November. (S: Beavers)
Senate Status: Referred to Senate Judiciary.
|
HJR 0067
Bass
|
Constitutional amendment - duties for office of sheriff. Proposes an amendment to the Tennessee Constitution to establish duties of the county sheriff for all counties. (H: Bass)
House Status: Referred to House General Subcommittee of State & Local Government.
|
MEDIA & PUBLISHING |
SB 0115
Campfield
HB 0284
Dennis
|
Electronic Publication of Legal Notices Act. Enacts the
Electronic Publication of Legal Notices Act which, creates a pilot
project in Knox county to allow legal notices to be posted on the
Internet rather than in a newspaper. Establishes the requirements and
conditions for publishing such notices on an official government
website. Requires the government agency to keep and make available for
public inspection all records of complaints and service accessibility
failures reported. (S: Campfield; H: Dennis)
Senate Status: Senate State & Local Government deferred to summer study.
House Status: House General Subcommittee of Judiciary deferred to 2012.
|
SB 0553
McNally
HB 0775
Ragan
|
Allows Anderson County to redact social security numbers. Includes
Anderson county on the list of counties whose register of deeds is
permitted to redact social security numbers found on recorded computer
documents and allows for persons in Anderson county to request redaction
of a social security number through a specified request form. (S:
McNally; H: Ragan)
House Co-Sponsor: Keisling
Senate Status: Referred to Senate State & Local Government.
House Status: House passed 04/04/2011.
|
SB 0750
Tracy
HB 0465
Watson E.
|
Internal audit confidential working papers clarification. Clarifies
the definition of confidential working papers created or obtained by
the internal audit staff includes auditee records, intra-agency and
interagency communications, draft reports, schedules, notes, memoranda
and other records relating to an audit or investigation. (S: Tracy; H:
Watson E.)
Senate Status: Senate 03/24/2011 passed.
House Status: House passed 04/21/2011.
Other Status: Sent to governor 04/27/2011.
|
SB 1219
Yager
HB 0996
Todd
|
Written denial of a public records request. Clarifies that any
legal authority may be cited in the written denial of a public records
request. Broadly captioned. (S: Yager; H: Todd)
Senate Status: Referred to Senate State & Local Government.
House Status: Referred to House General Subcommittee of State & Local Government.
|
SB 1247
Yager
HB 1454
McCormick
|
Policies regarding public records. Requires the chief
administrative officer of each office, agency, board, commission and
department to inform each employee responsible for public records and
each person appointed to serve on a board under the officer's authority
about the provisions of state law on public records, and such entity's
policies for administering the public records statutes. Broadly
captioned. (S: Yager; H: McCormick)
Senate Status: Referred to Senate State & Local Government.
House Status: Referred to House General Subcommittee of State & Local Government.
|
SB 1263
Watson B.
HB 1309
Dean
|
Electronic Publication of Legal Notices Act of 2011. Allows legal
notices to be published in Hamilton County on an official government
web site, instead of a newspaper, if the site is accessible at least 90
percent of the time and 24 hours a day, certain links are included on
the affected government entity's official web site, and certain email
links in case access to any legal notice fails. (S: Watson B.; H: Dean)
Senate Status: Senate State & Local Government deferred to summer study.
House Status: House Judiciary Committee deferred to 2012.
|
SB 1526
Tracy
HB 2066
Womick
|
Newspapers of general circulation. Authorizes the secretary of
state to make a determination regarding whether or not a publication is a
"newspaper of general circulation" for purposes of the publication of
notices relative to foreclosures, land sales, transactions involving
real property, or other legal notices required by statute. Broadly
captioned. (S: Tracy; H: Womick)
Amendment: House State and Local Subcommittee amendment 1
grandfathers in all newspapers which are currently considered "of
general circulation" for the purposes of the bill. Allows the secretary
of state to remove a publication from the list of publications which
carry such notices when the publication falls below the circulation
standards established by the secretary of state.
Senate Status: Referred to Senate State & Local Government.
House Status: House State & Local Government deferred to summer study.
|
SB 1604
Marrero
HB 1736
Kernell
|
Access to public records. Prohibits the nondisclosure of records
open to public inspection otherwise justified by common law, rule of
court, or rule promulgated pursuant to a statute allowing an agency to
prohibit access when the reason for nondisclosure is a party's
involvement in civil litigation or a criminal proceeding or
contemplation of such involvement and the records were in existence
prior to the initiation or contemplation of the proceeding. (S: Marrero;
H: Kernell)
Senate Status: Referred to Senate State & Local Government.
House Status: Taken off notice 04/26/2011 in House State & Local Government.
|
SB 1844
Finney L.
HB 1154
Dennis
|
Records of local government entities. Requires all records of any
local governmental entity to be open for inspection, provided that the
person requesting such records is not a party to pending litigation with
the local governmental entity named. Allows a local government entity
that is a party to civil litigation to file a motion with the court
having jurisdiction over the case to preclude the use of the public
records laws in obtaining any material that is discoverable under the TN
Rules of Civil Procedure. (S: Finney L.; H: Dennis)
Amendment: House amendment 1 adds the exception "unless
otherwise made confidential by law" to the provision requiring all
records of any local governmental entity be open for inspection provided
specified circumstances do not exist.
Senate Status: Senate Judiciary deferred to 04/19/2011.
House Status: House 04/11/2011 passed with amendment 1.
|
SB 1951
Overbey
HB 1875
Todd
|
Allows custodians of public records to charge labor costs. Deletes
language prohibiting a custodian from assessing a charge to view a
public record. Allows custodians of public records to charge for labor
costs associated with producing the records, if it requires one hour or
longer to produce the documents. Defines labor costs to mean hourly
wages of any employees. (S: Overbey; H: Todd)
Senate Status: Referred to Senate State & Local Government.
House Status: House State & Local Government 04/26/2011
recommended, after reconsidering their actions, withdrawing the previous
amendment, and adopting a new amendment. Sent to House Finance, Ways
& Means.
|
PROFESSIONS & LICENSURE |
SB 0110
Johnson J.
HB 0031
Casada
|
Covenant not-to-compete exemption: primary care physicians. Exempts
primary care physicians, in addition to emergency medicine physicians,
from covenants restricting rights to compete. (S: Johnson J.; H: Casada)
Senate Status: Referred to Senate General Welfare.
House Status: Referred to House General Subcommittee of Health & Human Resources.
|
SB 0424
Crowe
HB 0438
Hill
|
Health related board's compliance with procedural rules. Requires
the division of health related boards to comply with the uniform
administrative procedures act and all rules governing the professions of
the healing arts when the General Assembly engages in continuing,
restructuring, or reestablishing a board, commission, committee, agency
or other governmental entity. (S: Crowe; H: Hill)
Senate Status: Senate Government Operations deferred to 04/20/2011.
House Status: House Health & Human Resources 04/27/2011 recommended with amendment 1. Sent to House Calendar & Rules.
|
SB 0551
McNally
HB 0740
Sargent
|
Revocation of license for failure to pay student loan. Requires
each licensing authority to suspend, deny, or revoke the license of any
person who has defaulted on a repayment or service obligation under any
state or federal educational loan or service-conditional scholarship
program (guaranteed student loan), upon receiving a copy of a final
order from TSAC or the guarantee agency. Under this bill, unless a
debtor has made satisfactory arrangements according to the lender, TSAC
or the guarantee agency, which may include administrative wage
garnishment, voluntary payment arrangements, or deferment or
forbearance, then the debtor would be regarded as delinquent or in
default. If a debtor is delinquent or in default on a repayment or
service obligation under a guaranteed student loan, or the debtor has
failed to enter into a payment plan, agree to a service obligation, or
comply with a payment plan previously approved by TSAC or the guarantee
agency, then TSAC or the guarantee
agency must issue to the debtor a notice of intent to file an order with
the appropriate licensing authority to seek to suspend, deny or revoke
the debtor's license. The notice must be served upon the debtor
personally or by certified mail with return receipt requested and state
that the debtor's license will be suspended, denied or revoked 90 days
after service unless within that time the debtor: (1) Pays the entire
debt stated in the notice; (2) Enters into a payment plan or service
obligation or complies with a payment plan previously entered into and
approved by TSAC or the guarantee agency; (3) Requests and qualifies
for deferment, forbearance or other satisfactory compliance; or (4)
Requests a hearing before TSAC or the guarantee agency. The request must
be received by TSAC or the guarantee agency within 20 days of the date
the notice is served. This bill details the manner in which such an
administrative hearing will be held. If a debtor, without good cause,
fails to respond to
the notice of intent, fails to timely request a hearing, or fails to
appear at a regularly scheduled hearing, then TSAC or the guarantee
agency will enter a final decision and order, requesting suspension,
denial or revocation of the debtor's license, and further requesting the
licensing authority to order the debtor to refrain from engaging in the
licensed activity. TSAC or the guarantee agency must send a copy of the
order to the licensing authority and the debtor. When TSAC or the
guarantee agency determines that the debt is paid in full or the debtor
has entered into a payment plan, entered into a service obligation, is
otherwise in satisfactory compliance, or has complied with a payment
plan previously approved by TSAC or the guarantee agency, TSAC or the
guarantee agency would enter an order requesting that the licensing
authority terminate the order suspending, denying or revoking the
license. TSAC or the guarantee agency must send a copy of the order to
the licensing authority
and the debtor. When the license is reinstated, the licensing authority
may not impose a reinstatement fee that exceeds $50.00. The above
provisions would also apply to persons who register as an athlete agent
or lobbyist or who apply for registration as an athlete agent. The
"licensing authority" is the secretary of state with regard to an
athlete agent, and the Tennessee ethics commission or other governmental
body authorized by statute to register lobbyists with regard to a
lobbyist. Adds that an application for registration as an athlete agent
must include a list of all student loans or service-conditional
scholarships that require a service obligation for forgiveness or
repayment of all or part of the loan or service-conditional scholarship
for which there is an outstanding balance owed by the applicant or for
which the service obligation has not been completed by the applicant at
the time of application. Requires the state board of education to
establish guidelines, through the
promulgation of rules and regulations, to suspend, deny or revoke the
license or certificate of a teacher who is delinquent or in default on a
repayment or service obligation under a guaranteed student loan or if
such teacher has failed to enter into a payment plan or comply with a
payment plan previously approved by TSAC or a guarantee agency.
Authorizes TSAC to promulgate necessary rules and regulations to
determine whether any lawyer who is licensed by the Tennessee Supreme
Court, or any person who is licensed in any other profession, trade,
occupation, business or industry licensed by any agency in Tennessee, is
delinquent or in default on any service obligation or repayment under
any federal family education loan program, the Federal Higher Education
Act, a student loan guaranteed or administered by TSAC or any other
state or federal educational loan or service-conditional scholarship
program. This bill would take effect upon becoming a law for purposes of
promulgating rules and
regulations and on January 1, 2012, for all other purposes. Broadly
Captioned. (16 pp.) (S: McNally; H: Sargent)
Amendment: House Commerce General Subcommittee amendment 1,
Senate Commerce, Labor and Agriculture amendment 1 adds that an
application for registration as a lobbyist or an athlete agent shall
include the person's name and birthdate and last four digits of the
person's social security number, provided that the social security
number is not a public record.
Senate Status: Senate Commerce, Labor & Agriculture
recommended 04/26/2011 with previously adopted amendment 1. Sent to
Senate Calendar Committee.
House Status: House Commerce deferred to last calendar.
|
SB 0971
Beavers
HB 1465
McCormick
|
Revocation of attorney's license procured by fraud. Increases
time period from two years to five years in which the supreme court may
revoke an attorney's license that was procured by fraud. (S: Beavers; H:
McCormick)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House General Subcommittee of Judiciary.
|
SB 1145
Henry
HB 1591
Gilmore
|
Fair market value of a medical practice. Provides that any market
comparisons used by an independent appraiser in determining the fair
market value of a medical practice subject to repurchase shall be
commercially reasonable. (S: Henry; H: Gilmore)
Amendment: Senate General Welfare amendment 1, House Health
and Human Resources amendment 1 prohibits employing entities from
restricting the employed physician's right to practice medicine upon
termination or conclusion of the employment relationship, for physicians
employed independently of a bona fide practice purchase, except as
allowed under TCA 63-1-148 or any other successor section.
Senate Status: Set for Senate Floor 04/28/2011.
House Status: House deferred to 05/02/2011.
|
SB 1158
Norris
HB 0758
Todd
|
License requirements, brokers, lenders, and loan servicers. Removes
present law prohibition against contractors and persons engaged in the
home remodeling business engaging in the business of making residential
mortgage loans or of being a mortgage loan servicer or mortgage loan
broker. Adds the following exemptions to the licensure requirement for
acting as a mortgage lender, mortgage loan broker or mortgage loan
servicer; provided, however that the following exemptions will not apply
if doing so would conflict with the requirements of the federal Fair
Enforcement for Mortgage Licensing Act of 2008: (1) Any individual who,
as seller of the individual's own real property, receives or makes in
any consecutive twelve-month period five or fewer residential mortgage
loans and who does not hold out to the public as being in the mortgage
lending business; (2) An individual engaged solely in commercial real
estate lending or an individual who provides financing on property that
is not
intended to be, and is not in fact, owner occupied by the person
receiving the financing; (3) Any person who makes a mortgage loan to an
employee of such person as an employment benefit, employment incentive,
or relocation package; and (4) Any individual doing any act related to
mortgage loans pursuant to an order of any court of competent
jurisdiction. Exempts from the licensure requirement any individual who
performs only real estate brokerage activities and is licensed pursuant
to the Tennessee Real Estate Broker License Act of 1993, unless the
individual is compensated by a mortgage lender, a mortgage loan broker, a
mortgage loan originator or by any agent of the mortgage lender,
mortgage loan broker or mortgage loan originator. (S: Norris; H: Todd)
Amendment: House amendment 1 prohibits contractors, home
improvement contractors, or other persons who supply materials and
render services in the improvement of real property from engaging in the
business of making residential mortgage loans, or from being a mortgage
loan servicer for a mortgage loan broker in this state. Exempts from
mortgage lending licensure requirements attorneys compensated by a
mortgage lender, mortgage loan broker, or a mortgage loan originator or
by the lender's, broker's or originator's agents and persons performing
land title insurance services in connection with a closing of a sale
transaction. Specifies that no person shall be exempt from the licensure
requirements if such person makes more than five residential mortgage
loans in a consecutive twelve-month period. Authorizes the exemption if
an individual subdivides a vacant tract of property as long as financing
does not include the cost of constructing a dwelling.
Senate Status: Senate Commerce, Labor & Agriculture recommended 04/26/2011 with amendment 1. Sent to Senate Calendar Committee.
House Status: House 04/25/2011 passed with amendment 1. House
amendment 1 prohibits contractors, home improvement contractors, or
other persons who supply materials and render services in the
improvement of real property from engaging in the business of making
residential mortgage loans, or from being a mortgage loan servicer for a
mortgage loan broker in this state. Exempts from mortgage lending
licensure requirements attorneys compensated by a mortgage lender,
mortgage loan broker, or a mortgage loan originator or by the lender's,
broker's or originator's agents and persons performing land title
insurance services in connection with a closing of a sale transaction.
Specifies that no person shall be exempt from the licensure requirements
if such person makes more than five residential mortgage loans in a
consecutive twelve-month period. Authorizes the e
|
SB 1671
Tracy
HB 1947
Carr
|
Athlete Agent Reform Act of 2011. Allows the secretary of state
to conduct investigations, require testimony, and publish certain
records concerning violations by athlete agents. Allows a person to act
as an athlete agent for certain purposes before receiving a certificate
of registration. Requires athlete agents to notify the secretary of
state within 30 days when material changes occur that make the
application for registration information inaccurate or incomplete in any
way. Requires athlete agent to provide written notice to the athletic
director of the education institution where the student-athlete is
enrolled 48 hours before such agent contacts the student-athlete or the
student-athlete's family or representative. Requires athlete agent to
provide written notice to such athletic director and the athletic
director of the new school that the student-athlete intends to enroll in
within 48 hours of entering into any type of contract regarding the
student-athlete or before the
next scheduled event where the student-athlete may participate,
whichever occurs first. Increases the penalty for improper actions by
athlete-agents from a Class E felony to a Class D felony. Increases
civil penalties that the secretary of state may assess against athlete
agents. Allows the secretary of state to order an athlete agent to stop
practicing under certain conditions. (10 pp.) (S: Tracy; H: Carr)
Amendment: Senate Education amendment 1 deletes the original
bill. Adds to the definition of athlete agent and states that athlete
agents are persons who work for compensation or for anything of value
and who attempt to negotiate, procure, offer, or promise on behalf of a
student athlete employment with any professional team or organization or
a college or university athletic scholarship. States that an agent
athlete does not include a parent or legal guardian unless the parent or
legal guardian of an athlete accepts some form of financial benefit or
gift on behalf of the student athlete that is not authorized by the
regulations or bylaws of the National Collegiate Athletic Association as
these regulations and bylaws existed as of January 1, 2011. An athlete
agent does not include an individual who operates solely on behalf of a
professional sports team, organization, or educational institution
unless the individual violates these same bylaws and regulations.
Requires
individuals doing business as athlete agents to consent to the
jurisdiction of Tennessee courts and be subject to suit in Tennessee.
Authorizes the Secretary of State to conduct public or private
investigations into whether athlete agents have violated rules and
regulations governing their actions. Authorizes athlete agents to work
as an agent for all purposes except signing a contract without
registering with the Secretary of State if within seven days of
initially acting as an agent, the individual submits a registration
form. Requires athlete agents to notify the Secretary of State within 30
days of the date the information contained in their registration
application changes or becomes inaccurate or incomplete. Requires the
Secretary of State to give notice and conduct hearings before any
suspension, revocation, or refusal to renew a registration application.
Sets forth notification requirements for athlete agents before having
initial contact with student athletes and for student
athletes after entering into a contract with an athlete agent.
Authorizes the Secretary of State to assess a $250,000 civil penalty for
violations by athlete agents. Authorizes the Secretary of State to
issue cease and desist orders against individuals violating laws, rules,
or regulations relating to actions of athlete agents.
Senate Status: Senate Education recommended 04/20/2011 with amendment. Sent to Senate Finance, Ways & Means.
House Status: House General Subcommittee of Education 04/27/2011 recommended with amendment. Sent to full committee.
|
SB 1719
Tate
HB 0079
Hardaway
|
Nursing - student loan repayment. Requires TSAC to develop,
implement, and administer a student loan repayment program for any TN
nurse who performs community service or accepts nursing employment with
the state. (S: Tate; H: Hardaway)
Senate Status: Referred to Senate Education.
House Status: Taken off notice 04/20/2011 in House General Subcommittee of Education.
|
SB 1876
Kyle
HB 0809
Turner M.
|
Committee to review which professions can be deregulated. Creates
a special committee to study licensure and certification of certain
professions and occupations, looking for evidence of duplication,
redundancy, inefficiency and obsoleteness. Requires the committee to
consist of six members. Requires the governor to appoint three members,
one from each grand division of the state. Requires the speakers of the
house and senate to jointly appoint three members, one from each grand
division of the state. Requires all members of the committee to be
consumers who are neither employed in nor have any direct or indirect
affiliation with any business or profession licensed by the state of TN.
(S: Kyle; H: Turner M.)
Senate Status: Senate Government Operations deferred to 04/20/2011.
House Status: Taken off notice 04/20/2011 in House General Subcommittee of Commerce.
|
SB 1999
Stewart E.
HB 1532
Stewart M.
|
Ticket Broker Licensing Act. Enacts the "Ticket Broker Licensing
Act." Requires the department of commerce and insurance to do the
following: design and adopt an official seal for licensed ticket
brokers, set the amount of all fees required, identify and approve
continuing education programs, and receive and account for all money
derived and transfer these funds to the state treasurer who must keep
the money in a fund known as the ticket brokers fund. Requires the
department to keep a public record of its proceedings and register of
all applicants for licensure. Requires that applications and all other
personal information be confidential. Requires the department to publish
a roster semi-annually showing the names and places of business of all
ticket brokers licensed in TN and copies of such roster must be placed
on file with the secretary of state. Allows any person to file a
complaint with the commissioner against a licensee alleging fraud,
deceit, gross neglect, or
incompetence and misconduct. Requires that the department have the
powers to suspend, revoke or refuse to renew the certificate of
licensure in cases where the person has been convicted of fraud or
deceit in obtaining a certificate of licensure or a felony. Requires
division of regulatory boards to provide legal counsel. Authorizes a
service charge of no more than $3.00 to tickets sold by an authorized
ticket agent. Authorizes the owner, operator, or tenant of the property
on which the entertainment event is to be held to charge a service
charge for the sale of such tickets in addition to the face value of the
ticket. Requires a person to do the following in order to engage in the
business of a ticket broker: maintain a permanent office or place of
business in TN, apply to the department for a ticket brokers license and
pay fees associated with such license, pay any local tax required, and
register for sales and use tax. Requires a ticket broker to post the
terms of the purchaser's
right to cancel at the place of business, disclose the refund policy,
disclose to the purchaser in writing the difference between the face
value of the ticket and the amount the broker is charging, and sell
tickets only at the permanent office or through the Internet. Prohibits
each ticket broker from acquiring and reselling in excess of 1 percent
of the total tickets allocated for any event. Requires a ticket broker
to refund within 36 hours a person's request for cancellation of sale if
such request was maid 72 hours preceding the entertainment event.
Requires a ticket broker to refund payment for events that have been
cancelled and not rescheduled. Establishes that if a ticket broker
guarantees in writing deliver of a ticket and fails to complete such
deliver, the ticket broker must fully refund the purchaser within 15
days and must also pay the purchaser three times the amount of the
ticket. Prohibits a ticket broker from reselling any ticket within 1,500
feet from all venues that
seat or admit less than 15, 000 people and 2,700 feet from all venues
that seat 15,000 people or more. Allows any person who is the original
purchaser for personal use of one or more tickets to an entertainment
event to resell any ticket for any price, provided such person does not
sell tickets within 2,700 feet of a venue that seats 15,000 or more
people. Exempts charitable organizations from the provisions of this
bill when offering tickets in a raffle or auction. Creates Class A
misdemeanor punishable by fine for offenses. Allows the department to
issue a cease and desist order, impose civil penalty up to $1,000 per
violation, or issue an order suspending or revoking the ticket broker's
license for violations. Establishes that a court, upon a showing by the
department that a person has violated provisions of this act, can grant
any or all of the following: a temporary restraining order, a civil
penalty up to a maximum of $2,500, a declaration of judgment, or
restitution to any
person adversely affect by the defendants actions. (19 pp). (S: Stewart
E.; H: Stewart M.)
Senate Status: Senate Commerce, Labor & Agriculture deferred to 04/26/2011.
House Status: Referred to House General Subcommittee of Commerce.
|
PROPERTY & HOUSING |
SB 0017
Norris
HB 1564
Sargent
|
Mortgage-related licensure exemptions Exempts individuals who
make five or less mortgages within a twelve month period and individuals
who receive one or more mortgages, deeds of trust, or other security
instruments on real estate as security for a purchase money obligation
from certain mortgage-related licensure. (S: Norris; H: Sargent)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Referred to House General Subcommittee of Commerce.
|
SB 0055
Campfield
HB 1214
Hall
|
Eminent domain: notice by mail, not newspaper. Requires the
municipality to notify property owners affected by the proposed
annexation by first class mail and posting it in various public places,
instead of posting it in the newspaper. Requires the mail to be sent
more than 14 days from the scheduled proposed annexation. Requires the
person mailing the notice to file an affidavit to certain municipality
officials concerning the mailed documents. (S: Campfield; H: Hall)
Amendment: House amendment 1 adds notification via newspaper
back into the bill so that notification is met by public posting, first
class mail and publication in certain newspapers.
Senate Status: Senate State & Local Government deferred to 05/03/2011.
House Status: House 04/18/2011 passed with amendment 1.
|
SB 0088
Ketron
HB 0126
Sargent
|
Zoning boards of appeals: records requirements. Requires zoning
boards of appeals to make findings of fact, statements of material
evidence, and statements of reasons for their actions as part of each
motion or action and keep a public record of their resolutions,
transactions, motions, actions, and determinations. (S: Ketron; H:
Sargent)
House Co-Sponsor: Elam
Amendment: House State and Local amendment 1, Senate State
and Local amendment 1 deletes the original bill. Authorizes the
supplemental rules of procedure for county or municipal zoning appeals
to include maintenance of a record of the zoning board's actions, the
election from its membership of a chair and other officers, and findings
of fact and statements of material evidence on each motion or action
before the board.
Senate Status: Senate State & Local Government recommended 04/25/2011 with amendment. Sent to Senate Calendar Committee.
House Status: House Government Operations 04/27/2011 recommended. Sent to House Calendar & Rules.
|
SB 1009
Campfield
HB 1760
Curtiss
|
Revisions to Uniform Landlord and Tenant Act. Requires inspection
for tenant liability following the end of a rental agreement to occur
within three instead of ten business days from the day occupancy has
ended. Grants tenants the right to be present during the landlord's
inspection and requires written notice of that right. Lists specific
circumstances, instead of inaccessibility alone, that allow a landlord
to inspect and compile a list of damages without a tenant's
participation. Permits a landlord to enter the premises upon 24 hour
written notice to inspect and repair any damages when the utilities have
been turned off for three days without landlord fault and permits
termination of the rental agreement under specified circumstances.
Allows the landlord to enter and show premises during the final 30 days
of a lease upon giving 24 hour notice. Requires a tenant to obtain
landlord authorization for repairs to the premise necessary to regain
compliance with general maintenance
requirements or remedy a breach of the rental agreement. Decreases the
time allotted to a tenant to place the utility services under their name
pursuant to a rental agreement from ten to three days at which time the
landlord can have the services terminated and requires the landlord
exercise this right within 45 days of the tenant's occupancy. Clarifies
that the date rent became due is included in the five day grace period
required before a late fee may be charged including Saturdays and
changes the maximum penalty from ten to two percent of the amount due.
Requires that payments are actually received by the landlord to be
considered timely made if the office where the tenant is to pay rent is
located in the same county where the tenant resides. Permits a landlord
to file a detainer warrant immediately upon a tenant's failure to pay
rent if notice requirements have been waived by the tenant. Exposes
persons deemed trespassers who takes possession of premises without
entering a written
or oral rental agreement to potential liability for damages and rent for
the term of the trespass. Provides a definition for "substantially
impaired" to be understood as uninhabitable or rendered useless. (28
pp.) (S: Campfield; H: Curtiss)
Amendment: SENATE COMMERCE AMENDMENT 1 changes the maximum
penalty that a landlord may charge for late rent back to the current law
of ten percent of the amount of rent due, instead of the bill's
proposed two percent. SENATE COMMERCE AMENDMENT 2 rewrites the bill.
Exempts certain housing units from the Uniform Residential Landlord and
Tenant Act. Allows notices to be sent to the tenant's email address if
the tenant voluntarily provides one and no other law prohibits this.
Allows persons taking possession of property without paying rent or
without an oral agreement from the landlord to be evicted and held
liable for civil damages. Alters provisions regarding inspection of the
premises to determine damages by the tenant, including waiving the
tenant's right to contest the damages found by the landlord and removing
the tenant's right to inspect under certain circumstances. Removes
notice requirements to the tenant concerning the separate accounts for
security deposits. Allows
landlords to collect costs for damages to the premises discovered after
the inspection if the landlord discovered the damage at the earlier of
30 days after tenant left the premises or seven days after a new tenant
takes possession of the premises. Allows the landlord to enter the
premises after utilities have been shut off, if the landlord did not
cause the utilities to be shut off. Allows the landlord to enter the
premises within the last 30 days of the rental agreement to show the
property to prospective tenants under certain circumstances. Allows
tenant to waive certain notices to allow landlord to proceed to file a
detainer warrant under certain circumstances. Allows landlord to recover
certain damages to the premises caused by persons with the tenant's
consent. Changes the number of days to 3 from 10, and allows the
landlord to cancel utilities under certain circumstances if the tenant
has not changed the utilities over to the tenant's name as required by
the rental agreement.
HOUSE COMMERCE AMENDMENT 1 rewrites the bill. Exempts application of
these provisions to public housing that is subject to federal
regulation. Specifies that the provisions will apply to public housing
to the extent that federal regulations defer to state law. Allows
landlord to send notifications to the tenant through email if the tenant
provides an email address in the rental agreement. Clarifies that the
five-day grace period before a fee can be assessed for late payment
includes the date rent was due and Saturdays. Provides that if a person
takes possession of a unit without agreement and payment, they are
trespassing and may be evicted and held liable for damages, rent and
attorneys fees. Sets out the process for inspection of the premises and
determination of charges against a security deposit upon termination of
occupancy. Deletes the requirement that a landlord inform a prospective
tenant of the location of the separate account used for security
deposits. Allows a landlord to
recover costs for damages to the premises discovered after inspection
only if the discovery was prior to the earlier of 30 days after the
tenant vacated or abandoned the premises or seven days after new tenant
take possession. Adds that a landlord has a right to access the unit if
utilities to the unit have been turned off to assess damages and make
necessary repairs. Adds exception to right of access that if within 30
days of termination of the agreement then the landlord may enter to show
it to prospective tenants if the current tenant is given 24-hour
notice. Provides a distinction for notice requirements under breach of
the rental agreement where it can be remedied by payment of rent, cost
of repairs, damages or other amount due to the landlord. If the tenant
has waived notice, then the landlord may immediately file for a detainer
warrant for failure to pay rent without notice to the tenant. The
waiver of notice must be at least 12-point bold font or larger in the
rental agreement.
Adds that a landlord may bring action for back rent and attorneys fees
if the tenant remains in the unit without the landlord's consent after
the rental agreement has expired/terminated. Adds that a landlord may
terminate a rental agreement if the tenant creates a
hazardous/unsanitary condition that affects the health, safety, welfare
or the life or the property of other tenants. Changes from 10 days to 3
days that the tenant has to place utility services in their name before
the landlord may terminate those services. HOUSE COMMERCE AMENDMENT 2
changes the effective date to October 1, 2011, and specifies that the
act shall apply to rental agreements entered into on or after that
effective date.
Senate Status: Set for Senate Floor 04/28/2011.
House Status: Set for House Calendar & Rules Committee 04/28/2011.
|
SB 1066
Barnes
HB 1155
Dennis
|
Changes to foreclosure procedures. Requires the secretary of
state to file all foreclosure notices, maintain a free to the public
foreclosure searchable system, maintain a web site page for posting
notices of foreclosure, and maintain a certified list of newspaper
publications. Requires the trustee or other person selling the interest
in the property to file a notice of foreclosure with the secretary of
state and advertise the sale in a certified newspaper of general
circulation in the county where the sale is going to occur. Establishes
that notice requirements detailed in a mortgage, deed of trust, or other
legal instruments regarding newspaper publications are satisfied if the
newspaper is on the referenced list and distributed in the county where
the property is located. Specifies what foreclosure notices and notices
of foreclosures must contain. Allows judicial or trust sales to be
adjourned and rescheduled one or more times, if certain conditions are
satisfied. Allows the
party conducting the sale to dispose of the property in additional ways.
Makes other changes related to foreclosure. (13 pp.) (S: Barnes; H:
Dennis)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House General Subcommittee of Judiciary.
|
SB 1067
Haynes J.
HB 1534
Stewart M.
|
Disclosures regarding timeshares. Revises certain disclosures
relative to timeshares. Prohibits advertising of any timeshare with
respect to its investment merit or profit potential. (S: Haynes J.; H:
Stewart M.)
Senate Status: Senate Commerce, Labor & Agriculture deferred to 05/03/2011.
House Status: Referred to House General Subcommittee of Commerce.
|
SB 1479
Watson B.
HB 1744
McCormick
|
Mechanics' and materialmen's liens - owner redefined. Redefines
owner for purposes of mechanics' and materialmen's liens to specify that
an owner is an owner of real property that a lien claimant seeks to
attach in addition to sell under process. (S: Watson B.; H: McCormick)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House General Subcommittee of Judiciary.
|
SB 1731
Tate
HB 0067
Hardaway
|
Deeds of trust. Requires an assignment of a deed of trust to be
properly recorded with the register of deeds within 10 days of the date
of assignment. Broadly captioned. (S: Tate; H: Hardaway)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Caption bill held on House clerk's desk.
|
SB 1845
Finney L.
HB 1644
Dennis
|
Prohibition of Covenants Providing for Transfer Fees Act. Creates
the Prohibition of Covenants Providing for Transfer Fees Act of 2011
which renders ineffective any transfer fee covenant recorded after
passage of this bill, against effected real property or subsequent
owners, purchasers or mortgagees with interest in the property. Defines
transfer fee covenant as a covenant attached to the land binding current
and successive owners to pay a fee to a third party for any transfers
of interest in the property and provides for detailed exclusions to the
definition. (S: Finney L.; H: Dennis)
Amendment: House amendment 1 specifies that "transfer fee
covenant" does not include a document's provision requiring a payment of
a fee or charge to an association, in addition to, the association's
managing agent. House amendment 2 specifies that "transfer fee covenant"
does not include agreements where certain fees are charged by an
association or the association's agent for a service rendered
contemporaneously with the fee.
Senate Status: Set for Senate Judiciary Committee 04/27/2011.
House Status: House 04/11/2011 passed with amendments 1 and 2.
|
SB 1885
Kyle
HB 1777
Miller L.
|
Land Bank Authority Act. Creates the land bank authority
(authority), defined as a foreclosing government unit, to serve as a
public body acting independently of government for the purpose of
assembling and disposing of public property in a coordinated manner.
Empowers the authority to acquire through specified means real or
personal property or an interest therein and to do all things necessary
in effectuating property transactions such as reform bylaws, contract,
borrow money and issue bonds, solicit or accept any financial aid or
loans, participate in government programs, procure insurance, make
investments, employ experts and agents, develop plans and reports,
approve of all documents facilitating a property transfer, grant or
acquire licenses or easements, rent out or charge for the use of
property, pay taxes or assessments owed, act to quiet title or initiate
foreclosures, determine the value of property conveyed, and remediate
environmental contamination problems, among
any other necessary actions. Exempts the authority from all taxes and
special assessments, liability under environmental protection laws
unless the cause of violations, and all restrictions later imposed
through local legislation and makes clear the discretion of the
authority is the equivalent of a private property owner. Prohibits an
authority from funding casinos or sexually oriented businesses, imposing
taxes or special assessments, exercising the power of eminent domain,
condemning property, or conveying property without a determination by
the department of environmental quality that property does not threaten
public health or safety. Requires an authority to adopt a code of
ethics, disclose conflicts of interest, defend against and initiate
civil actions under specified circumstances, obtain local approval to
accept deeds in lieu of foreclosure under a tax lien, inventory and
classify all property held, return to the local unit all funds collected
associated with owed property
taxes, and grant necessary access to the department of environmental
quality. Creates the authority board consisting of seven members,
serving four year terms and provides rules regarding qualifications and
appointment. Sets out rules governing the authority board regarding
vacancies, election of chairpersons, voting, execution of duties,
appointment and duties of the executive director, required legislative
reports, content and scope of intergovernmental agreements, issuance of
bonds and notes, and dissolution. Sets requirements and guidelines
regarding the relationship and transactions between the authority and
qualified cities such as the transfer of property to the authority,
providing aid to the authority, contribution of funds, advancement and
reimbursement, and collection of property taxes and tax liens but does
not require the authority to gain approval of the governing body in
fulfilling its duties. Creates the land bank fund under the jurisdiction
of the authority and
provides various regulations regarding the funds functions, transfer of
funds upon dissolution, and permissible deposits and withdrawals. (pp
22.) (S: Kyle; H: Miller L.)
Senate Status: Referred to Senate State & Local Government.
House Status: Taken off notice 04/26/2011 in House State & Local Government.
|
SB 1922
Woodson
HB 0826
Maggart
|
Termination of lease for victims of domestic abuse. Authorizes
tenants who have entered a lease agreement on or after July 1, 2011 and
who themselves or a household member have become a victim of domestic
abuse, sexual assault, or stalking to terminate the residential rental
agreement or lease. Requires termination of the lease without penalty or
fees if the landlord is provided with written notice, an agreed release
date 30 days from notice, and either a copy of a valid protection order
or a written report from an abuse organization all of which shall not
be dated later than 60 days following the date of notice. Prohibits the
landlord from releasing information regarding the tenants whereabouts.
Holds the tenant responsible for rent for the month the tenancy was
terminated and an additional months rent. (S: Woodson; H: Maggart)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House General Subcommittee of Commerce.
|
SB 2051
Ford O.
HB 0022
Hardaway
|
Writs of possession: changes and requirements. Requires 24-hour
written notice of approximate time of removal pursuant to writ of
possession related to a forcible entry and detainer or ejectment.
Requires the removal of such property according to the writ of
possession to occur between 8 am and 5 pm. Requires plaintiff to create
an inventory list, explain existing damage to defendant's property, and
sign the document with the sheriff executing the such writ of
possession. Holds plaintiff liable for damages to defendant's removed
personal property if notice requirements are not followed. Requires
writs of possession related to ejectment to be issued 10 or more days
after the court order. (S: Ford O.; H: Hardaway)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture 04/19/2011.
House Status: House General Subcommittee of Judiciary deferred to 2012.
|
SB 2080
Ford O.
HB 0023
Hardaway
|
Addition to a residential property disclosure form. Establishes
that a residential property disclosure form should include information
on the average utility cost for the property over the previous calendar
year. (S: Ford O.; H: Hardaway)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Failed 03/16/2011 in House General Subcommittee of Commerce.
|
HB 0068
Hardaway
|
Real estate closings required to be attorney supervised. Requires
all real estate closings under the Tennessee Home Loan Protection Act
to be attorney supervised closings. Specifies that only attorneys with
sufficient errors and omission insurance, as set annually by the
commissioner of financial institutions, shall be authorized to act as
supervising attorneys. (H: Hardaway)
House Status: Caption bill held on House clerk's desk.
|
PUBLIC EMPLOYEES |
SB 0076
Overbey
HB 0534
Stewart M.
|
Revised Uniform Law on Notarial Acts. Specifies duties of a
notarial officer and method by which a person becomes a notary public.
Requires the governor to maintain an electronic database of notaries
public. Establishes that a notarial act performed in another state, in
the jurisdiction of a federally recognized Indian tribe, under federal
law, in the jurisdiction of a foreign state or constituent unit of the
foreign state or is performed under the authority of a multinational or
international governmental organization, has the same effect as if
performed by a TN notary. Clarifies that a commission as a notary
public does not authorize an individual to practice law or give legal
advice, act as an immigration consultant, represent a person in
citizenship matters or receive compensation for notarial duties. (19
pp.) (S: Overbey; H: Stewart M.)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House General Subcommittee of Judiciary.
|
SB 0136
Ketron
HB 0159
Casada
|
Prohibits payroll deductions to PACs. Prohibits public employees,
including city and county employees, from having a payroll deduction to
a political action committee or for dues for membership organizations
that use funds for political activities. (S: Ketron; H: Casada)
Senate Status: Referred to Senate State & Local Government.
House Status: Referred to House General Subcommittee of State & Local Government.
|
SB 0555
McNally
HB 1489
Haynes R.
|
Civil leave for employees required to testify at trial. Requires
state employees be provided civil leave and compensation when they are
subpoenaed to testify at trial, unless the employee is a defendant or a
witness appearing on the employee's own behalf. Requires state employees
to not get such compensation when the employee is testifying in a trial
in the employee's official capacity. (S: McNally; H: Haynes R.)
Senate Status: Referred to Senate State & Local Government.
House Status: Referred to House General Subcommittee of State & Local Government.
|
SB 0584
Haynes J.
HB 0017
Moore
|
Consolidated retirement system: divorce-related changes. Allows
members of the Tennessee consolidated retirement system to change from
the optional form to the regular form of retirement in favor of a
different beneficiary in the event of divorce, if the member files a
written request, the change does not conflict with the divorce decree or
divorce agreement, and the increase in the monthly retirement allowance
would only become effective the next month after the filing. (S: Haynes
J.; H: Moore)
Senate Status: Referred to Senate State & Local Government.
House Status: Withdrawn 03/03/2011 in House.
Other Status: Council on Pensions & Insurance deferred to next meeting.
|
SB 0647
Bell
HB 0790
Brooks, Kevin
|
Process servers cannot have felony conviction. Requires a person appointed to serve process to not have been convicted of a felony. (S: Bell; H: Brooks, Kevin)
Senate Status: Taken off notice in Senate Judiciary 03/29/2011.
House Status: House passed 04/18/2011.
|
SB 0720
Berke
HB 1854
Campbell S.
|
Emergency rescue workers disabled by infectious disease. Creates a
presumption that an emergency rescue worker who is impaired by an
infectious disease, as specifically defined to include numerous
illnesses, resulting in partial disability or death has a disability
suffered in the line of duty unless proven otherwise. Requires the
worker to verify that specifically listed alternative exposures have not
taken place through written declaration and submit to medical exams for
evidence of the infectious disease. Exempts workers failing to undergo
required immunizations from the presumption. Requires a worker to file
an incident or accident report for instances of known exposure and
requires the employer maintain records of known or suspected exposures.
May subject a worker to pre-employment physical examinations to be
entitled to the presumption. Excludes former employees terminated for a
maximum of 60 months. (S: Berke; H: Campbell S.)
House Co-Sponsors: Turner M.; Moore;
Miller L.; Jones S.; Matheny; Richardson; Todd; Shipley; Hurley; Evans; Dean; Watson E.; Coley; Parkinson; Stewart M.; Maggart
Amendment: Senate amendment 2, House State and Local
amendment 1 rewrites the bill. Specifies that any emergency responder
that has a negative HIV test on file and later tests positive for HIV
can be presumed to have acquired HIV on the job. Senate amendment 3,
House State and Local amendment 2 specifies that the presumption does
not apply to the Tennessee Consolidated Retirement System (TCRS) or the
state death benefit.
Council on Pensions and Insurance comment: Council on
Pensions and Insurance recommended against passage of this bill with
additional remark that enactment of this bill will increase the lump sum
pension liability by approximately $173,300. The annual cost to
amortize the additional liability over 20 years under this proposal is
estimated to be $17,000. Local governments will experience a similar
cost depending on employees affected.
Senate Status: Senate 04/25/2011 passed with amendments 2 and
3. Senate amendment 2 rewrites the bill. Specifies that any emergency
responder that has a negative HIV test on file and later tests positive
for HIV can be presumed to have acquired HIV on the job. Senate
amendment 3 specifies that the presumption does not apply to the
Tennessee Consolidated Retirement System (TCRS) or the state death
benefit.
House Status: House General Subcommittee of Finance 04/27/2011 set behind budget after adopting amendment 1.
Other Status: Council on Pensions & Insurance returned with
unfavorable recommendation after adopting amendment 1, which removes
TCRS from consideration of the bill.
|
SB 0828
Ketron
HB 1724
Dennis
|
Employment of legal counsel by the governor. Allows governor to
employ additional counsel to the attorney general or in lieu of the
attorney general if the governor determines it is in the interest of the
state following consultation with the attorney general. (S: Ketron; H:
Dennis)
Senate Co-Sponsor: Ramsey R.
Senate Status: Re-referred 04/14/2011 to Senate Calendar Committee.
House Status: Referred to House General Subcommittee of State & Local Government.
|
SB 1007
McNally
HB 0706
Sargent
|
Obsolete provision regarding unpaid judges benefits removed. Deletes obsolete provision regarding unpaid benefits from the superseded judges' retirement system. (S: McNally; H: Sargent)
Senate Status: Referred to Senate State & Local Government.
House Status: Referred to House General Subcommittee of Finance.
|
SB 1211
Yager
HB 1073
Rich
|
Creates office of solicitor general. Creates the office of
solicitor general of Tennessee. Requires that the solicitor general be
elected by popular vote beginning in the November 2012 election, serve a
four year term for a maximum of two consecutive terms, and meet
specified qualifications. Requires the solicitor general to perform
enumerated duties currently placed on the attorney general and reporter
concerning representation of state agencies and investigative authority.
Provides rules governing the solicitor's compensation and filling
office vacancies. Requires personnel, equipment and resources associated
with the duties assigned to the solicitor general to be transferred
from the office of the attorney general. Directs the Tennessee Code
Commission to reorganize the location of provisions regarding the
attorney general and reporter. (S: Yager; H: Rich)
Senate Status: Referred to Senate Government Operations.
House Status: House General Subcommittee of Judiciary deferred to 2012.
|
SB 1212
Yager
HB 1074
Rich
|
Creates office of solicitor general. Creates the office of
solicitor general. Requires the solicitor general to be appointed
jointly by the general assembly for a term of four years. Establishes
procedure to replace the solicitor general whenever the office becomes
vacant. Transfers most duties that are currently the attorney general's
duties to the solicitor general. (S: Yager; H: Rich)
Senate Status: Referred to Senate Government Operations.
House Status: Referred to House General Subcommittee of Judiciary.
|
SB 1390
Finney L.
HB 1711
Turner M.
|
Health insurance benefits - legislators, department heads. Reduces
the required amount of health insurance benefits to be paid on behalf
of current members of the general assembly (GA) beginning with the 108th
GA, former members of the GA, and executive branch officials
participating in the state employee's health group insurance plan for
the 2011-2012 fiscal year from 80 percent of the cost of an individual's
participation with plans not to exceed $50,000 to instead set a cap of
$100,000,000 in the aggregate. (S: Finney L.; H: Turner M.)
Council on Pensions and Insurance comment: The Council on
Pensions and Insurance recommended against passage of this bill with the
additional comment that enactment of this bill will result in a
$269,000 reduction in state expenditures. SB 1390/HB 1711 directs that
the amount of financial support by state government to the health
insurance premiums for state employees be reduced by $100 Million. The
reduction is to be accomplished through the following steps: (1)
elimination, after the 2012 elections, of the employer contribution made
to members of the General Assembly who participate in the State Plan;
(2) the elimination of any subsidy resulting from the authority of
former members of the General Assembly to continue coverage; and (3)
elimination of the employer contribution for health insurance for each
commissioner, deputy commissioner, assistant commissioner or their
equivalents, the chief executive officer of each board, commission,
agency or authority of the
Executive
Branch and the staff directors in the Governor's Office. SB 1390/HB 1711
was amended as follows: "for retirements occurring on and after July 1,
2011, on attaining eligibility for medicare under federal law, a
representative, senator, former governor, surviving spouse or dependent
children, who is eligible for benefits under this section, shall only be
eligible for the medicare supplement program available to retired state
employees on the same basis as retired state employees."
Senate Status: Senate State & Local Government deferred to 04/19/2011.
House Status: House General Subcommittee of State & Local Government deferred to 2012.
Other Status: Council on Pensions & Insurance 04/04/2011 recommended against passage of this bill.
|
SB 1498
Southerland
HB 1622
Watson E.
|
Retirement provisions for general sessions judges. Allows any
general sessions judge, who, prior to July 1, 2011, participated in
Group 1 or 3, to transfer membership into Group 4 of the retirement
system from and after July 1, 2011. Specifies that all credits by such
judge shall be Group 4. (S: Southerland; H: Watson E.)
Council on Pensions and Insurance comment: Council on
Pensions and Insurance recommended against passage of the bill with the
additional comment that the practical effect of this bill would be to
increase the monthly retirement benefits payable to former, current and
future general sessions and to reduce the retirement eligibility
conditions these individuals must meet in order to draw full service
retirement benefits. A Group 4 benefit is approximately 44% greater than
a Group 1 benefit. Enactment of this bill will increase the lump sum
pension liability by approximately $24,664,100. The annual cost to
amortize the additional liability over 20 years under this proposal is
estimated to be $2,736,300. Currently, the cost is paid by local
governments.
Senate Status: Taken off notice in Senate State & Local Government 03/15/2011.
House Status: Referred to House State & Local Government.
Other Status: Council on Pensions & Insurance 03/28/2011 returned without recommendation due to no motion.
|
SB 1574
Beavers
HB 1623
Watson E.
|
Executive director of district public defenders conference. Removes
the following responsibilities of the executive director of the
District Public Defenders Conference (DPDC): administer the accounts of
the judicial branch of government relating to the DPDC; prepare,
approve, and submit budget estimates and appropriations necessary for
the maintenance and operation of the offices of district public
defenders; approve all requisitions for the payment of public moneys
appropriated for the maintenance and operation of the judicial branch of
government; audit claims, and prepare vouchers for payment; and provide
the district public defenders with minimum law libraries. (S: Beavers;
H: Watson E.)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House General Subcommittee of Judiciary.
|
SB 1804
Marrero
HB 0991
Todd
|
Fees for actions of sheriffs and constables. Requires sheriffs
and constables to receive more for serving process, seizing property,
collecting money, executing bail bonds, and executing various other
court-related orders. (S: Marrero; H: Todd)
Senate Status: Referred to Senate Judiciary.
House Status: House Finance, Ways & Means deferred to last calendar.
|
SB 1907
Kyle
HB 0319
Fitzhugh
|
Administration of group insurance for state officials. Assigns
the state employee staff responsible for the administration of group
insurance for state officials and employees to the department of finance
and administration. Requires that grant payments under the grant
assistance program for nursing home care be made monthly or quarterly
instead of monthly. Deletes outdated language regarding the 2008 spring
sales tax holiday. Broadly captioned. (S: Kyle; H: Fitzhugh)
Senate Status: Referred to Senate Finance, Ways & Means.
House Status: Referred to House General Subcommittee of Finance.
|
SB 2062
Norris
HB 0156
Carr
|
Allows governor to employ special counsel. Allows the governor to
employ special counsel for the following: to defend the state in any
action, to prosecute any action on behalf of the state, or to initiate
any action or otherwise represent the interest of the state. Requires
the attorney general and reporter who chooses not to defend the state to
send a written report to the governor certifying the reasons for such
decision within 30 days of receiving the governor's written request.
Broadly captioned. (S: Norris; H: Carr)
House Co-Sponsor: Campbell S.
Senate Status: Referred to Senate State & Local Government.
House Status: House General Subcommittee of Judiciary deferred to 04/20/2011.
|
SJR 0145
Norris
|
Gubernatorial appointment of attorney general. Proposes a
constitutional amendment to provide for gubernatorial appointment of the
attorney general with senatorial confirmation. (S: Norris)
Senate Status: Introduced 3/24/2011
|
PUBLIC FINANCE |
SB 0554
McNally
HB 0192
Sargent
|
Bond issuance. Authorizes the state of Tennessee, acting by
resolution of its funding board, to issue and sell its interest-bearing
bonds and bond anticipation notes for certain purposes. (S: McNally; H:
Sargent)
Senate Status: Referred to Senate Finance, Ways & Means.
House Status: Referred to House General Subcommittee of Finance.
|
SB 0927
Norris
HB 1400
McCormick
|
Appropriations for legislative enactments of 2011. Makes
appropriations for the purpose of defraying the expenses of certain
legislative enactments passed during the 2011 session of the 107th
General Assembly. (S: Norris; H: McCormick)
Senate Status: Referred to Senate Finance, Ways & Means.
House Status: Referred to House General Subcommittee of Finance.
|
SB 1516
Norris
HB 1987
McCormick
|
Appropriations - FY beginning July 1, 2010 to July 1, 2011. Makes
appropriations to defray the costs of certain enactments of the 2011
annual session of the 107th General Assembly. (S: Norris; H: McCormick)
Senate Status: Referred to Senate Finance, Ways & Means.
House Status: Referred to House General Subcommittee of Finance.
|
SB 1517
Norris
HB 1988
McCormick
|
Bond issuance. Authorizes the state of Tennessee, acting by
resolution of its funding board, to issue and sell its interest-bearing
bonds and bond anticipation notes for certain purposes. (S: Norris; H:
McCormick)
Senate Status: Referred to Senate Finance, Ways & Means.
House Status: Referred to House General Subcommittee of Finance.
|
SB 1721
Tate
HB 1483
Kernell
|
Submission of fiscal note by fiscal review committee. Changes
time frame within which fiscal review committee must submit a fiscal
note on general bills or resolutions from within seven days of
introduction or request from member to within ten days of introduction
or request from member. (S: Tate; H: Kernell)
Senate Status: Senate State & Local Government deferred to 05/03/2011.
House Status: House State & Local Government 04/26/2011 recommended. Sent to House Calendar & Rules.
|
SB 1995
Stewart E.
HB 2106
Turner M.
|
Public funds cannot be used to fund trade associations. Prohibits
a county from appropriating public funds to any professional trade
association or associated public interest group, including the TN county
services association, TN county highway officials association, county
officials association of TN, association of TN valley governments, TN
county commissioners association or TN sheriffs' association. Prohibits a
municipality from appropriating any public funds for any professional
trade association or associated public interest group, including the TN
municipal league. Also prohibits a local school board from appropriating
any public funds generated from taxpayers for any professional trade
association or associated public interest group, including the TN school
board association or the TN secondary school athletic association. (S:
Stewart E.; H: Turner M.)
Senate Status: Withdrawn 03/14/2011 in Senate.
House Status: Withdrawn 03/14/2011 in House.
|
HJR 0072
Dennis
|
Constitutional amendment - rate of growth. Proposes an amendment
to Article II, Section 24 of the state constitution to establish a
constitutional spending limitation to restrict the rate of growth of
state tax revenue expenditures and provide certain procedures for
creating exceptions thereto. Imposes certain requirements for enactments
of the general assembly that mandate increased expenditures by cities
or counties. (H: Dennis)
House Status: Referred to House General Subcommittee of Finance.
|
RETAIL TRADE |
SB 0251
Marrero
HB 0294
Richardson
|
Safe Access to Medical Cannabis Act. Establishes the "Safe Access
to Medical Cannabis Act." Provides a form of registration for a patient
who has been diagnosed by a practitioner with a qualifying medical
condition to receive medical marijuana. Specifies 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. Requires
qualifying patients 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: Referred to House General Subcommittee of Health & Human Resources.
|
TAXES BUSINESS |
SB 0942
Overbey
HB 1717
Swann
|
Income tax credit for amount paid on dividends from stocks. Authorizes
a credit against Hall income taxes for any taxpayer in the amount of
Hall income tax paid on dividends from stock in businesses that is
headquartered or has its principal business operations in this state and
has at least 60 percent of its employees located in this state. (S:
Overbey; H: Swann)
Senate Co-Sponsor: Faulk
House Co-Sponsors:
Fitzhugh; Forgety; Matheny; Maggart; Ragan; Casada; Powers; White;
Matlock; Ramsey B.; Brooks, Harry; Lollar; Brooks, Kevin; Holt; Sargent;
Dean; Montgomery; McCormick
Senate Status: Senate Finance Tax Subcommittee deferred to last calendar.
House Status: Referred to House General Subcommittee of Finance.
|
SB 1281
Southerland
HB 1166
Hawk
|
Collection of business tax by counties and cities. Declares all
business taxes owed to state and local governments to become due on the
same dates. Grants local governments acting as tax collectors the same
authority held by the commissioner in numerous activities regarding tax
collection such as granting extensions, waiver of penalty payments,
inspection of records, issuance of distress warrants, tax credits for
paid property taxes, the charging of fees for collection and record
maintenance, and the allowance of relief or collection of taxes from
purchasers and sellers of a business or persons transferring the
business location. Allows the commissioner to collect taxes six months
past due when a local official has failed to collect. Replaces
provisions requiring the commissioner to pay local governments for each
return collected with provisions requiring local governments to pay a
percentage of the taxes collected to the commissioner and requires
records of collections are
maintained and reported to the commissioner. Permits local governments
levying business taxes to authorize the department of revenue to act as
an agent and collect all taxes due or to contract with attorneys or
private agents to collect taxes subject to specified notice
requirements. Creates specific rules and procedures regarding
confidentiality of records, failure to file tax returns, and claims
disputing the amount of taxes owed. Removes requirements concerning
electronic filing, exemptions from renewal fees for business licenses,
tax refunds for bad debt, and the distribution of fees collected for the
operation of markets, malls, and shows to the commissioner. Directs the
money collected by bonds insuring tax liability of foreign businesses
to be used for the benefit of the taxing unit instead of to the state.
Broadens the authority of the commissioner to implement rules and
regulations regarding business taxes. (13 pp.) (S: Southerland; H: Hawk)
Senate Status: Referred to Senate Finance, Ways & Means.
House Status: Referred to House General Subcommittee of State & Local Government.
|
SB 1335
Watson B.
HB 1883
McCormick
|
Collection of business privilege tax by county clerks. Requires
the county clerk or a designated local official to act as tax
administrator and collector for state and local imposed business taxes
for Davidson, Hamilton, Knox, and Shelby county, with several exceptions
requiring collection by the commissioner. Provides tax credit
guidelines for the county clerk or designated official and allows for
intervention by the commissioner under specified refund circumstances.
Extends general business tax provisions to authorize the county clerk or
designated official to grant extensions, waive penalty payments, charge
collection fees, assess tax liability for persons failing to file, hire
an attorney or agent to collect delinquent taxes, designate the
department of revenue as a tax collection agent, inspect personal
records related to tax liability, and to issue and renew business
licenses. Amends various business tax provisions to include the county
clerk or designated official the
authority granted the commissioner. Places the duty of tax collection on
the commissioner if the county clerk or other official fails to collect
delinquent taxes and requires all taxes and penalties collected go to
the state treasury. Specifies persons and circumstances in which access
to a person's tax information contained in statements or reports is
permitted. Require the county clerk or designated official to pay the
commissioner 15 percent of the total amount of business taxes collected,
providing for several exceptions, and submit a report of all
collections to the commissioner for examination and collection of any
amount owed. Permits a taxpayer subject to collection of tax by the
county clerk or designated official to file a payment of tax under
protest claim when a taxpayer's bad debt exceeds the amount of the
taxpayer's gross receipts. (14 pp.) (S: Watson B.; H: McCormick)
Senate Status: Referred to Senate Finance, Ways & Means.
House Status: Referred to House Finance, Ways & Means. House Government Operations will review if recommended.
|
SB 1337
Watson B.
HB 1502
Gotto
|
Collection of business privilege tax by county clerks. Requires
the county clerk or a designated local official to act as tax
administrator and collector for state and local imposed business taxes
for Davidson, Hamilton, Knox, and Shelby county, with several exceptions
requiring collection by the commissioner. Provides tax credit
guidelines for the county clerk or designated official and allows for
intervention by the commissioner under specified refund circumstances.
Extends general business tax provisions to authorize the county clerk or
designated official to grant extensions, waive penalty payments, charge
collection fees, assess tax liability for persons failing to file, hire
an attorney or agent to collect delinquent taxes, designate the
department of revenue as a tax collection agent, inspect personal
records related to tax liability, and to issue and renew business
licenses. Amends various business tax provisions to include the county
clerk or designated official in the
authority granted the commissioner. Places the duty of tax collection on
the commissioner if the county clerk or other official fails to collect
delinquent taxes and requires all taxes and penalties collected go to
the state treasury. Specifies persons and circumstances in which access
to a person's tax information contained in statements or reports is
permitted. Requires the county clerk or designated official to pay the
commissioner 15% of the total amount of business taxes collected,
providing for several exceptions, and submit a report of all collections
to the commissioner for examination and collection of any amount owed.
Permits a taxpayer subject to collection of tax by the county clerk or
designated official to file a payment of tax under protest claim when a
taxpayer's bad debt exceeds the amount of the taxpayer's gross receipts.
(13 pp.) (S: Watson B.; H: Gotto)
Senate Status: Referred to Senate Finance Tax Subcommittee.
House Status: Taken off notice 04/26/2011 in House State & Local Government.
|
SB 2013
Stewart E.
HB 1765
Curtiss
|
Tennessee Reemployment Act of 2011. Creates certain tax credits
for employers totaling 50 percent of the gross wages paid to certain
full-time employees hired on or after the effective date who were
receiving unemployment benefits or whose unemployment benefits had
expired. Requires the employer to provide employment for at least 12
consecutive months, employ the person for at least 37.5 hours per week,
pay a wage rate of at least $10 per hour, and receive written
certification from the department concerning the person's unemployment
status. Allows such credit to offset up to 100% of the employer's
franchise and excise tax liability for only one year. (S: Stewart E.; H:
Curtiss)
Senate Status: Taken off notice in Senate Finance Tax Subcommittee.
House Status: Taken off notice 04/20/2011 in House Government Operations.
|
SB 2014
Stewart E.
HB 1764
Curtiss
|
Tennessee Reemployment Act of 2011. Creates tax credits for
employers totaling $5,000 for each full-time employee hired on or after
the effective date who was receiving unemployment benefits or whose
unemployment benefits had expired. Requires the employer to provide
employment for at least 12 consecutive months, employ the person for at
least 37.5 hours per week, pay a wage rate of at least $10 per hour, and
receive written certification from the department concerning the
person's unemployment status. Allows such credit to offset up to 100% of
the employer's franchise and excise tax liability for only one year.
(S: Stewart E.; H: Curtiss)
Senate Status: Senate Finance Tax Subcommittee returned to Senate Finance with unfavorable recommendation.
House Status: House Government Operations 04/20/2011 recommended. Sent to House Finance, Ways & Means.
|
HB 0104
Hardaway
|
Occupational privilege tax on professional athletes. Imposes a
$400 annual occupational privilege tax on professional athletes and
professional entertainers. Establishes juvenile court-related programs
fund and allocates revenues received from occupational privilege tax on
professional athletes and entertainers to this fund. (H: Hardaway)
House Status: House General Subcommittee of Finance deferred to 05/04/2011.
|
HB 1660
Tindell
|
Remitting of professional privilege tax by employer. Clarifies
that an employer may remit the professional privilege tax on behalf of
an employee but the employee shall remain liable for the tax. (H:
Tindell)
House Status: Referred to House General Subcommittee of Finance.
|
TAXES GENERAL |
SB 0261
Ramsey R.
HB 1141
Sexton
|
Increases Hall income tax exemptions. Increases the Hall income
tax exemption for taxpayers 65 years of age or older beginning January
1, 2012. For single filers exemption increases to $26,200, instead of
$16,200; for persons filing jointly, exemption increases to $37,000,
instead of $27,000. (S: Ramsey R.; H: Sexton)
Senate Co-Sponsor: Yager
House Co-Sponsors: Lundberg; Casada; Brooks, Kevin
Senate Status: Senate Finance Tax Subcommittee recommended. Sent to Senate Finance.
House Status: House General Subcommittee of Finance 03/30/2011 set behind budget.
|
SB 0263
Tracy
HB 0210
Weaver
|
Increases amount of inheritance tax exemption. Increases amount
of inheritance tax exemption to $2 million from current $1 million for
decedents dying in 2011 or later. (S: Tracy; H: Weaver)
Senate Status: Senate Finance Tax Subcommittee deferred to next calendar.
House Status: House General Subcommittee of Finance 04/20/2011 set behind budget.
|
SB 0342
Overbey
HB 0336
Brooks, Kevin
|
Changes to taxes on gifts. Eliminates distinction between Class A
and Class B donees for gift tax purposes. Increases gift tax exemption
by linking Tennessee to federal exemption level. Alters tax rates to
range of four brackets, 5.5% for net taxable gifts up to $40,000, 6.5%
for the next $200,000, 7.5 for the next $200,000, and 9.5% for amounts
over $440,000. (S: Overbey; H: Brooks, Kevin)
Senate Status: Senate Finance Tax Subcommittee deferred to 2012.
House Status: Referred to House General Subcommittee of Finance.
|
SB 0431
Southerland
HB 0519
Hawk
|
Phase-out of inheritance tax. Reduces the inheritance tax by 50
percent for decedents dying in 2012 and abolishes the inheritance tax
for decedents dying in 2013 or any subsequent year. Renders all code
sections concerning the inheritance tax inapplicable to decedents who
have died in 2013 or any subsequent year. (S: Southerland; H: Hawk)
Senate Status: Taken off notice in Senate Finance Tax Subcommittee.
House Status: Referred to House General Subcommittee of Finance.
|
SB 0535
McNally
HB 0514
Hill
|
Not-for-profit organizations, pending litigation. Delays
collection efforts for any taxpayer with not-for-profit status pending
final outcome of litigation challenging tax assessment on ground that
taxpayer was tax-exempt. (S: McNally; H: Hill)
Senate Status: Referred to Senate Finance Tax Subcommittee.
House Status: Referred to House General Subcommittee of Finance.
|
SB 0583
Haynes J.
HB 0382
Moore
|
Inheritance tax exemption increased to $1,750,000 for 2012. Increases
the inheritance tax exemption from $1,000,000 to $1,750,000 effective
in 2012. Requires that after 2012 the exemption amount be adjusted for
inflation every three years and that the department of revenue notify
the public of any changes made. Clarifies that the maximum inheritance
tax exemption for 2006 through 2011 is set at $1,000,000. (S: Haynes J.;
H: Moore)
Senate Status: Senate Finance Tax Subcommittee deferred to last calendar.
House Status: House General Subcommittee of Finance 03/09/2011 set behind budget.
|
SB 0612
Watson B.
HB 0469
Hawk
|
Attachment of court's order to tax books. Authorizes courts that
deal with the proceedings concerning the collection of taxes to attach a
copy of the court's order to the tax books under certain circumstances.
Broadly captioned. (S: Watson B.; H: Hawk)
Senate Status: Referred to Senate Judiciary.
House Status: Caption bill held on House clerk's desk.
|
SB 0637
McNally
HB 0462
McDaniel
|
Taxpayer Bill of Rights, challenges and refunds. Clarifies that
actions under the Declaratory Judgments Act are not available to
challenge taxes administered by the department of revenue. Clarifies
that payment under protest is not required in order to challenge a state
tax assessment. Adds certain rights regarding challenges and refunds to
the Taxpayer Bill of Rights. (S: McNally; H: McDaniel)
Senate Status: Referred to Senate Finance, Ways & Means.
House Status: Taken off notice 04/13/2011 in House General Subcommittee of State & Local Government.
|
SB 0752
Gresham
HB 0580
McDaniel
|
Exempts certain assets from inheritance taxes. Requires the value
of "qualified farmland," as specifically defined and resulting from the
election to use special valuation, to be excluded from the value of the
gross estate for the purpose of inheritance tax valuation. Excludes
from the inheritance tax any disposition or severance of standing timber
on qualified woodlands made under a forest stewardship plan under the
Cooperative Forestry Assistance Act or a state approved equivalent.
Permits land subject to a qualified conservation easement which
therefore qualifies for an exclusion from the gross estate in regards to
estate taxes under the Internal Revenue Code to also be excluded from
the state inheritance tax. Includes a formula for calculating the amount
of the inheritance tax exclusion permitted and sets a maximum exclusion
of $5,000,000. Excludes the sale of qualified conservation easements to
a qualified organization from the definition of disposition under the
Internal
Revenue Code, as it is applies to determining the state inheritance tax.
(S: Gresham; H: McDaniel)
Senate Status: Senate Finance Tax Subcommittee deferred to next calendar.
House Status: Referred to House Conservation & Environment.
|
SB 0902
Watson B.
HB 1044
Matheny
|
Letter rulings and revenue rulings to be open to public. Requires
any revenue or letter ruling issued by the commissioner of revenue to
be made available for public inspection on the web site of the
department within 15 days of the date the ruling is signed. Requires the
commissioner to redact from the text any identifying information of the
taxpayer. (S: Watson B.; H: Matheny)
Senate Status: Senate Finance, Ways & Means deferred to 05/03/2011.
House Status: House General Subcommittee of Finance deferred to 05/04/2011.
|
SB 1264
Watson B.
HB 1540
McManus
|
Jurisdiction for contested case hearings. Transfers contested
case hearings currently under jurisdiction of the department of revenue
to the office of the secretary of state. (S: Watson B.; H: McManus)
Senate Status: Referred to Senate State & Local Government.
House Status: Referred to House General Subcommittee of State & Local Government.
|
SB 1393
McNally
HB 1596
McDaniel
|
Remedies for disputed taxes. Prohibits courts from delaying the
collection of taxes administered by the commissioner of revenue, except
as provided in present law regarding taxpayer remedies for disputed
taxes if the court finds that such taxpayer has complied with all
requirements. (S: McNally; H: McDaniel)
Senate Status: Referred to Senate Finance, Ways & Means.
House Status: Referred to House Finance, Ways & Means.
|
SB 1448
Overbey
HB 1009
Stewart M.
|
Procedures for challenging denied refund claims. Allows taxpayers
and the commissioner or the commissioner's delegate to enter into
agreements extending the one-year statute of limitations period for
filing suits in chancery court challenging denied claims for refund. (S:
Overbey; H: Stewart M.)
Senate Status: Senate 04/25/2011 passed.
House Status: House deferred to 05/05/2011.
|
SB 1449
Overbey
HB 1008
Stewart M.
|
Issuance of revenue rulings on expedited basis. Permits the
commissioner of the department of revenue to issue revenue or letter
rulings on an expedited basis. Authorizes the commissioner to determine a
reasonable fee for such service. (S: Overbey; H: Stewart M.)
Senate Status: Senate Finance, Ways & Means deferred to 05/03/2011.
House Status: House deferred to 05/05/2011.
|
SB 1518
Norris
HB 1995
McCormick
|
Process for filing gift tax returns. Present law requires that
gift tax returns be filed by April 15 following the close of the
calendar year in which the gift was made. Present law authorizes the
commissioner of revenue, upon written application by the taxpayer
showing good cause, to grant additional time within which the return may
be filed. If an extension is granted, then interest accrues from the
regular statutory due date until the date paid, but no penalty may be
assessed when the return is made and the full amount of tax is paid on
or before the extended due date. Any return and payment that is made
subsequent to the extended due date is subject to penalty and any other
late charges without regard to the period allowed by the extension.
Removes the commissioner's discretion when deciding whether to grant an
extension for filing a gift tax return and instead requires that a
six-month extension be granted if the taxpayer makes a request in
writing on a form prescribed by
the commissioner, or the taxpayer submits a copy of the taxpayer's
request for an automatic extension of time to file the federal gift tax
return. Specifies that a request made pursuant to this bill must not be
filed on the original due date of the return but, instead, must be
attached to the return filed on or before the extended due date.
Specifies that interest and penalties will attach for late payments in
the same manner as provided by present law. Broadly captioned. (Part of
Administration Package) (S: Norris; H: McCormick)
Senate Co-Sponsor: McNally
House Co-Sponsor: Sexton
Senate Status: Referred to Senate Finance, Ways & Means.
House Status: Taken off notice 03/16/2011 in House General Subcommittee of Finance.
|
SB 1519
Norris
HB 1994
McCormick
|
Technical corrections. Revises various tax provisions. Excludes
from receipt factor in franchise-excise apportionment formula any gain
on sale of asset designated as goodwill and required to be included as
Class VII assets. Eliminates language imposing reduced local option
sales tax on industrial machinery. Includes software and software
maintenance contracts within provision governing sales tax on items on
which sales tax has been paid in another state. Extends electronic
payment requirement for business tax. Eliminates limit on assistants to
whom commissioner can delegate review of applications for waiver of
penalty. Broadly captioned. (Part of Administration Package) (S: Norris;
H: McCormick)
Senate Co-Sponsor: McNally
Senate Status: Referred to Senate Finance, Ways & Means.
House Status: Referred to House General Subcommittee of Finance.
|
SB 1738
Johnson J.
HB 1054
Harrison
|
Enforcement of the Tobacco Manufacturers' Escrow Fund Act. Deletes
the requirement that the commissioner of revenue disclose information
to the attorney general relevant to enforcement of the Tobacco
Manufacturers' Escrow Fund Act of 1999. Removes the attorney general's
authority to disclose such information in the course of litigation,
arbitration, or other related proceeding. (S: Johnson J.; H: Harrison)
Senate Status: Referred to Senate Finance, Ways & Means.
House Status: Referred to House General Subcommittee of Finance.
|
SJR 0018
Kelsey
|
Constitutional amendment - income tax. Proposes an amendment to
clarify the constitutional language that currently prohibits the tax on
any class of income, other than income derived from stocks and bonds,
and to prohibit any tax levied on or measured by employer payroll. (S:
Kelsey)
Senate Co-Sponsors: Berke; Beavers; McNally; Ramsey
R.; Tracy; Southerland; Watson B.; Crowe; Johnson J.; Yager; Gresham;
Ketron; Bell; Haile; Campfield; Summerville; Faulk; Norris; Stewart E.;
Woodson; Overbey
Amendment: Senate amendment 1 clarifies that the
constitutional amendment will prohibit the general assembly from levying
any tax upon personal income or payroll or any tax measured by personal
income or payroll, except that the general assembly will be authorized
to levy a tax upon incomes derived from stocks and bonds that are not
taxed ad valorem. Senate amendment 2 removes the requirement that the
proposed constitutional amendment be published by posting the amendment
on the web site of the secretary of state or the general assembly. This
amendment clarifies that the amendment must be published in conformity
with Article XI, Section 3 of the Constitution of Tennessee, which
requires that, if the amendment is agreed to by a majority of all the
members elected to each house of the general assembly, the amendment
must be entered on their journals with the yeas and nays thereon, and
referred to the general assembly then next to be chosen; and published
six months previous
to the time of making such choice. House General Subcommittee of Finance
amendment 1 freezes the combined rate of local and state sales tax,
beginning July 1, 2015, at the rate that was in effect on November 4,
2014.
Senate Status: Senate 03/09/2011 adopted with previously adopted amendments 1 and 2.
House Status: Taken off notice 04/13/2011 in House General Subcommittee of Finance.
|
HJR 0010
Casada
|
Constitutional amendment - income tax. Amends Article II, Section
28, and Article XI, Section 9 of the Constitution of Tennessee,
relative to taxation, to clarify that the legislature shall not levy any
tax upon personal income, other than income derived from stocks and
bonds, and to prohibit the legislature from levying any tax upon or
measured by employer payroll. Clarifies that the General Assembly shall
not authorize any county, municipality or other political subdivision of
the state to tax incomes, payrolls, estates, or inheritances. (H:
Casada)
House Co-Sponsors: McDaniel; Brooks, Kevin; Alexander;
White M.; Rich; McCormick; Halford; Miller D.; Powers; Eldridge;
Womick; Wirgau; Campbell S.; Butt; Hall; Sanderson; Holt; Weaver; Bass;
Forgety; Haynes R.; Niceley; Evans; Matlock; Cobb J.; Ragan; Johnson P.;
Harwell; Sargent; Hurley; Shipley; Hensley; Floyd; Sexton; Williams R.;
Faison; Marsh; Maggart; Lollar; Coley; Carr; Watson E.; Hill; Gotto;
Pody; Dean; Elam;
Sparks; Swann
House Status: Taken off notice 04/13/2011 in House General Subcommittee of Finance.
|
HJR 0041
Campbell S.
|
Requires 2/3 majority to create or raise a tax. Proposes an
amendment to the Constitution of Tennessee that requires a two-thirds
majority vote in the affirmative of members of both houses of the
General Assembly in order to create a new tax or raise an existing tax.
(H: Campbell S.)
House Status: Referred to House General Subcommittee of State & Local Government.
|
HJR 0227
Casada
|
Constitutional amendment - income tax. Proposes a constitutional
amendment to prohibit the levying of a tax on any class of income, other
than income derived from stocks and bonds, and to prohibit any tax
levied on or measured by employer payrolls. (H: Casada)
House Status: Introduced 4/11/2011
|
HJR 0231
Casada
|
Constitutional amendment - income tax. Proposes an amendment to
Article II, Section 28 to prohibit any state or local tax upon payroll
or earned personal income or any state or local tax measured by payroll
or earned personal income. (H: Casada)
House Status: House General Subcommittee of Finance 04/27/2011 recommended. Sent to House Finance.
|
TAXES PROPERTY |
SB 0388
Kelsey
HB 0333
Coley
|
Damages cap for parties without notice of tax sale - Shelby. Sets
a maximum value on damages awarded to parties in Shelby county with an
equitable interest in property sold for delinquent taxes that did not
receive mandatory notice of the sale as not to exceed an amount
determined by a specified formula based on property value and the amount
of taxes owed. Exempts cases involving fraud, collusion, and
misrepresentation from the damages cap. (S: Kelsey; H: Coley)
Senate Status: Referred to Senate State & Local Government.
House Status: Taken off notice 04/26/2011 in House State & Local Government.
|
SB 0394
Johnson J.
HB 0483
Sargent
|
Intangibles tax for loan companies and cemetery companies. Removes
loan companies and cemetery companies from requirements of intangible
personal property taxes. (S: Johnson J.; H: Sargent)
House Co-Sponsors: Eldridge; Lundberg; Stewart M.; Tindell; Marsh
Senate Status: Taken off notice in Senate State & Local Government 03/01/2011.
House Status: Referred to House General Subcommittee of Finance.
|
SB 0459
Ketron
HB 0461
McCormick
Public Chapter (PDF)
|
Electronic filing and storage of property tax records. Requires
complaints and appeals to the state board of equalization to be filed in
such format as the board may require by rule and permits the board to
use electronic filing, including electronic verification and signatures.
(S: Ketron; H: McCormick)
Senate Status: Senate 03/03/2011 passed.
House Status: House passed 03/21/2011.
Other Status: Enacted as Public Chapter 0032 (effective 03/31/2011).
|
SB 0638
McNally
HB 0464
Haynes R.
Public Chapter (PDF)
|
Paying of property taxes during an assessment appeal. Cleans up
and clarifies statutory language regarding the collection of disputed
property taxes pending an assessment appeal. Removes the requirement
that taxpayers prevailing in appeal be refunded within 60 days.
Eliminates the ability of Shelby County residents owning multiple
properties from receiving payment in one check following a successful
appeal. Removes a provision prohibiting any proceeding to collect taxes
from taking place when the property has been appraised and the state has
publicly agreed to consider the new appraisal value. (S: McNally; H:
Haynes R.)
Senate Status: Senate 03/21/2011 passed.
House Status: House passed 03/31/2011.
Other Status: Enacted as Public Chapter 0077 (effective 04/14/2011).
|
TAXES SALES |
SB 2050
Ford O.
HB 0100
Hardaway
|
Sunset of sales tax exemptions. Requires the commissioner of
revenue to report to the general assembly on the feasibility of
assigning expiration dates for sales tax exemptions on a staggered
schedule. If the commissioner determines the expiration dates to be
feasible, the commissioner is required to recommend to the general
assembly schedule of expiration dates for each exemption so that when
fully implemented each exemption would be reauthorized every ten years.
(S: Ford O.; H: Hardaway)
Senate Status: Senate Finance, Ways & Means deferred to 04/26/2011.
House Status: Referred to House Finance Study Committee Subcommittee.
|
TAXES UNEMPLOYMENT |
SB 1306
Johnson J.
HB 0884
White M.
|
Unemployment hearings - procedure clarified. Directs the
department of labor and workforce development, when conducting
unemployment hearings, to allow personnel records and other business
records that are in the possession of a claimant's employer and that are
relevant to a claim to be admissible. Regardless of whether such
evidence is hearsay or whether corroborated by direct witness testimony,
if such evidence is accompanied by an affidavit of its custodian or
other qualified person certifying the evidence as a business record, it
should be allowed as evidence. (S: Johnson J.; H: White M.)
Amendment: Senate amendment 1, House amendment 2 establishes
that proof of misconduct may include personnel records and other
business records that are in the possession of a claimant's employer and
that are relevant to a claim. Requires such records to be admissible
and may constitute evidence of misconduct, regardless of whether such
evidence is hearsay or whether corroborated by direct witness testimony,
if such evidence is accompanied by an affidavit of its custodian or
other qualified person certifying the evidence as a business record.
Senate Status: Senate 04/07/2011 passed with amendment 1.
House Status: House 04/11/2011 concurred in Senate amendment 1.
Other Status: Sent to governor 04/19/2011.
|
TENNCARE |
SB 0423
Crowe
HB 0439
Hill
|
Support for Long-Term Care Community Choices Act of 2008. Requires
the executive director of the commission on aging and disability to
provide appropriate advice and support to the bureau of TennCare
concerning the Long-Term Care Community Choices Act of 2008. (S: Crowe;
H: Hill)
Senate Status: Referred to Senate General Welfare.
House Status: Referred to House General Subcommittee of Health & Human Resources.
|
SB 1725
Tate
HB 1219
Camper
|
Hospital provider reimbursement information - public record. Creates
an exception to the confidentiality requirements concerning a person's
proprietary information provided for the purpose of administering the
TennCare program to require all hospital provider reimbursement
information provided to state operated entities in the administration of
the TennCare program be subject to disclosure under the Tennessee
public records law. (S: Tate; H: Camper)
Senate Status: Referred to Senate General Welfare.
House Status: Taken off notice 04/19/2011 in House General Subcommittee of Health & Human Resources.
|
TORT LIABILITY |
SB 0109
Johnson J.
HB 0030
Alexander
|
Apiarists' tort liability limited. Limits liability of apiarists,
unless the apiarist committed an intentional tort or gross negligence.
(S: Johnson J.; H: Alexander)
Senate Co-Sponsor: Tracy
House Co-Sponsor: Casada
Senate Status: Referred to Senate Judiciary.
House Status: Set for House Floor 04/28/2011.
|
SB 0138
Ketron
HB 0176
Marsh
|
Landowner's duty to person on land for recreational purpose. Clarifies
that a landowner does not owe a duty to keep their premises safe or
give warning of dangerous conditions for persons entering the property,
with or without the owner's permission, for the purpose of various
recreational activities unless failure to do so would constitute gross
negligence. Continues to provide immunity from liability for failing to
guard or warn of conditions caused by forces of nature. (S: Ketron; H:
Marsh)
Senate Status: Senate Judiciary deferred to the first committee calendar of next year.
House Status: Taken off notice 03/30/2011 in House General Subcommittee of Judiciary.
|
SB 0238
Kelsey
HB 0286
Dennis
|
Jobs Creation Lawsuit Reform Act. Defines "health care provider"
and "health care liability action". Requires that compensation for
reasonable attorney's fees, in the event an employment contract exists
between the claimant and claimant's attorney, be awarded to the
claimant's attorney in a health care liability action in an amount to be
determined by the court with consideration to established limitations.
Broadly captioned. (S: Kelsey; H: Dennis)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House General Subcommittee of Judiciary.
|
SB 0249
Johnson J.
HB 0183
Sargent
|
Tort Reform- Medical Malpractice & Products Liability. Creates
the Private Attorney Retention Sunshine Act which requires state
agencies obtaining legal services to conduct an open bidding process for
services, seek general assembly approval for contracts over $1,000,000,
and prohibits legal fees exceeding $1,000 per hour. Creates the
Asbestos Claims Priority Act which prohibits the filing of specific
asbestosis related claims including nonmalignant conditions, asbestos
related cancer, mesothelioma, and wrongful death unless specific and
enumerated prima facie evidence is shown by medical report and filed
within 120 days of filing the complaint. Restricts premises owner
liability for asbestos exposure on their property, and limits
jurisdiction of Tennessee courts over asbestos claims. Creates the
Innocent Successor Asbestos-Related Liability Fairness Act. Sets a
maximum amount of liability placed on corporations that have incurred or
assumed asbestos related liability as a
result of a merger or consolidation prior to January 1, 1972. Redefines
and expands the definition and requirements of a products liability
claim including what constitutes defective and unreasonably dangerous,
the burden of proof, requisite knowledge of both the plaintiff and the
defendant, actions or knowledge by the plaintiff that absolve a
defendant of liability, seller versus manufacturer liability, and seller
indemnity. Creates a rebuttable presumption that when a seller or
manufacturer is in compliance with applicable federal law a product is
not considered to be defective. Replaces the term "Medical malpractice"
with "Health care liability action" which clarifies the cause of action
as limited to any civil action against a health care provider alleging
injury related to the provision or failure to provide health care.
Requires, rather than permits, a plaintiff in a health care liability
action to include a demand for a specific sum in their complaint and
limits suits against
attorneys for failure to collect the demanded amount. Requires that a
plaintiff file a HIPPA- complaint medical authorization form with their
petition in a health care liability action. Allows an award of $75,000
or more in a health care liability action be made in periodic payments
per court order and by party request. Restricts the amount of fees an
attorney can collect in a health care liability action when employment
contract was based on a contingent fee from a maximum of thirty three
and one third percent of the damage award to various percentages based
on the recovery amount, starting with forty percent of the first
$50,000. Requires, subject to judicial waiver, an expert witness to have
been practicing in the same specialty as the defendant to testify to
duty and breach in a health care liability action. Prohibits specific
expressive conduct and offers to correct from being used as evidence of
an admission of fault against health care providers in suits and other
disciplinary
proceedings concerning unexpected results from medical treatment. Limits
the amount of bond or other security a health care provider must post
when an appeal is pending to no more than $1,000,000. Clarifies that
groups qualifying as medical or peer review committees that provide
review for the professional conduct and competency of peers are not
limited to those listed in the code. Places the maximum amount of
noneconomic damages recoverable under a civil action at $250,000 per
person, $500,000 per occurrence, or a specified number based on the
amount of full-time employees the defendant employs and restricts the
award of punitive damages for claims involving drugs and devices.
Redefines economic damages to include provisions regarding expenses
forgiven, discounted, or covered by private insurance. Requires the
plaintiff to show an actual out- of -pocket loss to recover any damages
and prove causation in a suit for unfair or deceptive acts or practices.
(pp 40.) (S: Johnson J.; H:
Sargent)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House General Subcommittee of Judiciary.
|
SB 0250
Johnson J.
HB 0182
Sargent
|
Changes to venue, damages, and certain civil actions. Specifies
that venue in transitory civil actions may be in a county where a
substantial act, omission, or event allegedly occurred, instead of where
the action arose. Specifies that venue for corporations in transitory
civil actions may be in a county where the principal place of business
is located. Removes venue for corporations within counties where the
corporation has an office or agency located. Requires that each joined
plaintiff must independently establish venue. Requires courts to dismiss
certain claims, instead of adjudicating under forum non conveniens.
Requires courts to consider certain factors when considering to dismiss
an action or transfer venue under forum non conveniens. Specifies that
it is a Class A misdemeanor to prevent a juror from serving jury duty or
to require a juror to use annual, vacation, or sick leave to respond to
a summons. Alters joint and several liability on multiple tortfeasors.
Caps
noneconomic damages at 500,000 dollars in medical malpractice lawsuits.
Alters product liability actions to require the plaintiff to prove
certain additional evidence, allow the product seller to be indemnified
by the manufacturer in certain situations. Caps noneconomic damages at
1,000,000 dollars on all civil actions. Prohibits property owners or
occupants from liability regarding certain injuries to independent
contractors occurring on the property. Specifies how and when punitive
damages can be awarded in certain actions. Caps punitive damages in
certain actions at an amount depending on the defendant's net worth. (15
pp.) (S: Johnson J.; H: Sargent)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House General Subcommittee of Judiciary.
|
SB 0339
Tracy
HB 0567
Dennis
Public Chapter (PDF)
|
Tort liability limits for bovine owners. Limits a bovine owner's
liability for injuries, loss, damage or death of another resulting from
bovine activities if the bovine owner maintains proper warning notice on
signs, maintains proper fences and enclosures, or does not commit a
willful or wanton act. (S: Tracy; H: Dennis)
Senate Co-Sponsors: Haile; Overbey; Gresham; Burks
Amendment: Senate amendment 1 changes the standard of
conduct that, when applied to an act or omission committed by a bovine
owner that causes injury, loss, damage, or death, will not be eligible
for prevention or limitation of liability under this bill from "willful
or wanton disregard for the safety of the person" to "negligent
disregard for the safety of the person". House amendment 1 restores the
bill's original language, changing the standard of conduct that, when
applied to an act or omission committed by a bovine owner that causes
injury, loss, damage, or death, will not be eligible for prevention or
limitation of liability under this bill back to "willful or wanton
disregard for the safety of the person".
Senate Status: Senate 03/31/2011 concurred in House amendment 1.
House Status: House 03/17/2011 passed with amendment 1.
Other Status: Enacted as Public Chapter 0074 (effective 04/14/2011).
|
SB 0386
Kelsey
HB 0363
Dennis
|
Jobs Creation Lawsuit Reform Act. Enacts the "Jobs Creation
Lawsuit Reform Act." Caps the reasonable attorney fees in medical
liability/malpractice actions to 40 percent of the first 50,000 dollars
in damages recovered, 33 and one-third percent of the next $50,000 in
damages recovered, 25 percent of the next $500,000 in damages recovered,
and 15 percent of any amount by which the recovery exceeds $600,000.
(Broadly captioned.) (S: Kelsey; H: Dennis)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House General Subcommittee of Judiciary.
|
SB 0648
Southerland
HB 1165
Hawk
|
Governmental immunity for injuries caused by county roads. Grants
governmental immunity from tort liability for injuries caused by unsafe
conditions on unpaved county roads on which the use of off-highway
vehicles is permitted. (S: Southerland; H: Hawk)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House General Subcommittee of Judiciary.
|
SB 0696
Faulk
HB 1018
Dennis
|
Punitive damages in civil actions. Declares as reasonable
attorney's fees of up to one-third the amount of a punitive damages
award. Requires that any award of punitive damages in a civil action be
divided equally between the plaintiff and the state. Specifies that the
state's portion may be applied as an offset against the amount of fees
charged the state and that moneys beyond that will be deposited in a
civil reparations trust fund, to provide grants to indigent civil
litigation programs. Defers collection of punitive damages until all
other judgments in a civil action are fully paid. Broadly captioned. (S:
Faulk; H: Dennis)
Amendment: House Judiciary amendment 1 rewrites the bill.
Creates the Tennessee Legal Funding Act setting restrictions and
requirements on nonrecourse consumer legal funding transactions
(transaction) defined as transactions in which a consumer legal funding
provider (provider) purchases and is assigned the right to receive an
amount of a consumer's potential proceeds from a judgment, award, or
settlement. Requires all transaction contracts to be completely filled
in when signed by the consumer, include the right of rescission under
specified conditions, and contain the initials of the consumer on each
page. Requires the contract contain a written acknowledgement by the
primary attorney that includes various statements regarding fees and
requires a trust or settlement fund be set up for any proceeds received.
Prohibits a provider from paying or accepting commissions from
specified individuals for referrals, falsely advertising services,
referring clients to specified
services, attempting to effect waiver of a consumer's right to jury
trial or potential remedies, funding a consumer without purchasing the
prior provider's claim, charging based on percentage of the recovery
amount, using transaction funding for litigation costs or attorneys
fees, or making any decisions regarding the conduct of a consumer's
underlying legal claim. Requires a provider to make available all
principal terms of the contract in the same language oral negotiations
took place upon the consumer's request. Specifies all material terms
that must be included in a legal funding contract clearly and
conspicuously on the front page and within the body of the contract.
Declares a violation of the act an unfair, false, misleading, deceptive
act or practice and allows civil penalties of up to $10,000 per willful
violation. Grants priority to all liens against the consumer's legal
claim held by attorneys, Medicare, TennCare, health care providers, and
tort claims over any lien of the
provider. Sets the amount that can be charged by a provider based on the
time between the funding date and resolution date and requires good
faith negotiations between the consumer and provider when a claim does
not provide sufficient funds to pay the whole of the provider's fees.
Senate Status: Set for Senate Judiciary Committee 04/27/2011.
House Status: Re-referred 04/21/2011 to House Finance from House Calendar & Rules.
|
SB 0706
Harper
HB 1755
Pruitt
|
Governmental Tort Liability - Davidson County. Includes any
nonprofit public benefit corporation or charitable entity in Davidson
County operating as part of the metropolitan hospital authority as a
"governmental entity" for purposes of the Governmental Tort Liability
Act. (S: Harper; H: Pruitt)
House Co-Sponsors: Gilmore; Odom
Senate Status: Referred to Senate Judiciary.
House Status: House passed 04/11/2011.
|
SB 0764
Ketron
HB 1151
Lundberg
|
Governmental Tort Liability Act - notice provisions. Removes a
statutory reference to certain notice provisions of the Governmental
Tort Liability Act that are no longer in existence. (S: Ketron; H:
Lundberg)
Amendment: House Judiciary amendment 1 adds provisions
exempting school officials and local boards of education from a duty of
care to keep the premises safe or warn of unknown dangerous conditions
to those entering or using the premises outside of regularly scheduled
school activities or pursuant to a recreational joint use agreement.
Provides that school officials or local school boards entering into a
recreational joint use agreement shall not be construed to have waived
or extended immunity, conferred a duty of care upon any person, extended
any assurances, assumed or incurred any liability, limited obligations
of due care, or guaranteed unlimited access. Specifies that liability
for gross negligence, willful, wanton, and malicious conduct is not
limited. Encourages school boards and officials entering such agreements
obtain proof of insurance from the entity and address specified issues
involving the use of the premises.
Senate Status: Senate Judiciary recommended 04/26/2011 with amendment 1. Sent to Senate Calendar Committee.
House Status: Set for House Floor 04/28/2011.
|
SB 0938
Kelsey
HB 1152
Dennis
|
Tort reform regarding punitives, noneconomic losses. Caps
noneconomic losses at 250,000 dollars against each defendant or maximum
of 500,000 dollars for each occurrence. Specifies that noneconomic
losses do not include medical expenses, lost past or future wages or
earnings capacity, other loss of income, funeral and burial expenses,
economic value of services performed, or other similar actual monetary
losses. Caps punitive damages at the greater of 250,000 dollars or twice
the amount of compensatory damages, if the defendant employs more than
100 full-time employees. Caps punitive damages at the lesser of 250,000
dollars or twice the amount of compensatory damages, if the defendant
employs 100 full-time employees or less. Specifies that such caps on
punitive damages does not apply to certain actions. Specifies that each
monetary figure will be adjusted at three-year intervals according to
the Consumer Price Index rate. Specifies that such punitive damages caps
do not apply to
certain tort actions involving intentional or knowing mental states and
when the defendant has been convicted of a felony that has one of the
intentional or knowing mental states. Prohibits punitive damages in
cases where the injury was caused by a drug or device that was approved
by the Federal Food, Drug, and Cosmetic Act or the Federal Public Health
Service Act or was an over-the-counter drug marketed according to
federal regulation and the drug meets other conditions. Places the
burden on plaintiffs seeking to prove discrimination in employment or
retaliatory discharge at various levels regarding certain issues
throughout the trial process. (S: Kelsey; H: Dennis)
Senate Status: Referred to Senate Judiciary.
House Status: House Judiciary Committee deferred to the last calendar meeting.
|
SB 1054
Barnes
HB 1639
Dennis
|
Personal injury action - medical expenses and evidence. Prohibits
from evidence in a personal injury or wrongful death action amounts
charged by a health care provider when a defendant or defendant's
insurer has paid a plaintiff's medical bills within 30 days of receiving
a copy of the medical bill or a written demand for payment relieving
the plaintiff, guarantor, or decedent's estate of all medical
obligations and only permits as evidence the amount actually paid by the
defendant or defendant's insurer. Allows a plaintiff to recover
prejudgment interest for medical expenses a defendant or insurer refused
to pay but were later recovered. (S: Barnes; H: Dennis)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary.
|
SB 1277
Ketron
HB 0912
Lundberg
|
Written liability waivers regarding recreational activities. Allows
any person, including minors, to waive, in writing, the landowner's
duty of care for injuries that arise from the recreational use of the
land, with the exception of gross negligence, willful or wanton conduct,
or failure to warn against a dangerous condition. (S: Ketron; H:
Lundberg)
Senate Status: Referred to Senate Judiciary.
House Status: Withdrawn 03/07/2011 in House.
|
SB 1322
Johnson J.
HB 1848
Sexton
|
Study - impact of tort reform on anticompetitive activities. Creates
an advisory council to study the potential impact of tort reform
measures on anticompetitive activities engaged in by hospitals,
insurance companies and health care professionals and whether or not
such impact, if any, would increase or decrease the overall cost of
healthcare in this state. (S: Johnson J.; H: Sexton)
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice 04/20/2011 in House General Subcommittee of Commerce.
|
SB 1323
Johnson J.
HB 1976
Lundberg
|
Liability of skilled nursing facilities. Requires that causes of
action against skilled nursing facilities be brought solely and
exclusively as medical malpractice suits for the purposes of
requirements for all medical malpractice suits, including requirements
for the claimant's burden of proof. Requires all injuries and
occurrences brought by such a claimant be counted as one occurrence.
Specifies there is no limit on the amount of economic damages that may
be recovered in such an action. Limits the amount of non-economic
damages recoverable in such an action at $250,000. Specifies that
punitive damages be permitted only if the claimant proves by clear and
convincing evidence that the defendant's conduct demonstrated actual
malice toward the claimant. Limits the maximum amount of punitive
damages at $500,000. (S: Johnson J.; H: Lundberg)
Senate Co-Sponsor: Kelsey
House Co-Sponsor: Dennis
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House General Subcommittee of Judiciary.
|
SB 1942
McNally
HB 1172
Ramsey B.
|
Health care provider liability for indwelling catheters. Prohibits
health care institutions and health care providers from being liable
for claims related to the misuse of an indwelling catheter if the misuse
occurs after the patient is discharged and the entity provides a
certain written notice of immunity to the patient. Defines "misuse" as
the introduction of foreign drugs or substances into the indwelling
catheter. (S: McNally; H: Ramsey B.)
Senate Status: Referred to Senate Judiciary.
House Status: House passed 03/28/2011.
|
TRANSPORTATION VEHICLES |
SB 0010
Ketron
HB 0454
Butt
|
Driver license exams must be in English Requires that all driver
license or intermediate driver license written examinations be in
English beginning July 1, 2011. (S: Ketron; H: Butt)
Senate Status: Senate Transportation deferred to the first calendar meeting of 2012.
House Status: House General Subcommittee of Transportation deferred to first calendar of 2012.
|
SB 0266
Tracy
HB 0339
Carr
|
Notice to department of revenue and removal of liability. Requires
the owner, seller, or person in possession of a motor vehicle to
provide notice to the department of revenue when such motor vehicle's
title is transferred. Relieves a motor vehicle seller from liability
related to the vehicle when the seller has delivered the title and
provided such notice or paid the appropriate fees related to the
vehicle's registration. (S: Tracy; H: Carr)
Amendment: Senate Transportation amendment 1 deletes the
original bill. Makes the definitions codified in Tenn. Code Ann. ?
55-3-211, which are related to the titling of wrecked, damaged,
dismantled, and rebuilt motor vehicles, apply to Title 55, Chapter 3,
Part 2, instead of to Tenn. Code Ann. ?? 55-3-207 - 209 and Tenn. Code
Ann. $$ 55-3-211 - 212. Defines "methamphetamine vehicle" as any
passenger motor vehicle that has been impounded by law enforcement based
on a charge of manufacturing methamphetamine on or within the vehicle
and for which the Department of Revenue (DOR) receives a notice of motor
vehicle impoundment from law enforcement for the manufacture of
methamphetamine. Requires law enforcement agencies that impound
methamphetamine vehicles to provide notice of such impoundment to DOR.
Requires the issuance of new titles by DOR for methamphetamine vehicles
which conspicuously identify such vehicles as methamphetamine vehicles.
Senate Status: Senate Transportation recommended 04/20/2011 with amendment. Sent to Senate Finance, Ways & Means.
House Status: House Transportation deferred to 05/03/2011.
|
SB 0451
Burks
HB 0475
Curtiss
|
Adjusted standards for DUI. Broadens certain standards of
impairment regarding driving under the influence from depriving the
driver of clearness of mind and control of the driver's body to
impairment to the slightest degree. Establishes that a DUI occurs when
any amount of Schedule I chemical is found in the driver's bodily
fluids. Establishes that a DUI occurs when any amount of a Schedule II,
III, or IV chemical is found in the driver's bodily fluids, unless the
driver has a valid prescription for such chemical. (S: Burks; H:
Curtiss)
Amendment: Senate Judiciary amendment 1 substitutes the
language "physical control" for "actual physical control" in subsection
(a) of section 1 of the bill.
Senate Status: Senate Judiciary deferred to 04/12/2011.
House Status: House General Subcommittee of Judiciary deferred to summer study.
|
SB 0479
Beavers
HB 0484
Shipley
|
Ignition interlock device adjustments. Requires that certain
first-time DUI offenders will have to receive ignition interlock devices
if their alcohol concentration was .08 percent, instead of .15 percent,
at the time of the offense. Removes the requirement that certain
first-time DUI offenders receive ignition interlock devices when in
violation of the implied consent law. (S: Beavers; H: Shipley)
Senate Status: Referred to Senate Judiciary.
House Status: House General Subcommittee of Judiciary deferred to summer study.
|
SB 0540
McNally
HB 1251
Matlock
|
TN Administrative License Revocation Act. Authorizes a law
enforcement officer charging an individual with driving under the
influence and various other crimes involving driving while intoxicated
to take possession of the individual's driver's license issued by this
state if they test positive for specified alcohol levels, refuse to
submit to testing or have submitted to a chemical blood test. Requires a
person submitting to a chemical blood test to be issued an interim
permit valid for 90 days and requires officers to issue a notice of
proposed revocation and request for a hearing to those who tested
positive or refused a blood alcohol exam. Requires officers to report
specified information to the department within a specified time to be
used as prima facie evidence in an administrative hearing. Authorizes
the department to conduct hearings to determine if a person's license
shall be revoked and provides numerous guidelines regarding evidence,
court dates, appeal, written
opinions, waiver of right to a hearing, judicial review, notice, and
appearance of parties that must be complied with during the
administrative process. Grants the person charged the right to petition
for stay or reconsideration of the order as well as petition for
judicial review in the Davidson county chancery court. Limits revocation
periods from three months to one year and requires they run
concurrently with any other revocations based on the same occurrence.
Provides for procedures to facilitate the return of a persons revoked
license who has been acquitted during criminal trial, has had the case
dismissed or has entered into a plea agreement, as well as requiring the
revocation be removed from the persons driving record. Allows an
officer anywhere from 90 to 120 days, dependent on the charge, to file
the charges related to the revocation or the driver may request the
administrative process cease and their driver's license returned.
Allows persons charged to apply for a
restricted license based on specified circumstances and driver history.
Sets requirements for a person to have their license reinstated
following revocation including fees, proof of insurance, and evidence of
financial responsibility. (19 pp.) (S: McNally; H: Matlock)
Senate Status: Taken off notice in Senate Judiciary 04/26/2011.
House Status: House General Subcommittee of Judiciary deferred to 04/20/2011.
|
SB 0545
McNally
HB 1250
Matlock
|
Open container. Prohibits both the driver and passenger of a
motor vehicle from consuming an alcoholic beverage or possessing an open
alcoholic beverage container within the passenger area, except in cases
where the passenger is in the following circumstances: a motor vehicle
being used primarily for transportation of persons for compensation, in
the living quarters of a motor home or house trailer, or in a vehicle
operated by a chauffeur for-hire capacity. Maintains the Class C
misdemeanor, punishable by a fine of $50. (S: McNally; H: Matlock)
Senate Status: Taken off notice in Senate Judiciary 03/15/2011.
House Status: Referred to House General Subcommittee of State & Local Government.
|
SB 0776
Ketron
HB 0606
Floyd
|
Tennessee Protection from Secondhand Smoke for Children Act. Enacts
the "Tennessee Protection from Secondhand Smoke for Children Act."
Establishes that it is an offense for the driver or any passenger to
smoke cigarettes, pipes or cigars in a motor vehicle when a child
restrained or required to be restrained is present, regardless of
whether the windows are down. Creates a class C misdemeanor, punishable
by a fine of no more than $25 for first offense and no more than $50 for
any subsequent offense. Allows officers to issue only verbal warning
for the first 90 days following the effective date. (S: Ketron; H:
Floyd)
Senate Status: Referred to Senate Transportation.
House Status: Taken off notice 04/05/2011 in House Agriculture Committee.
|
SB 0821
Gresham
HB 1071
Rich
|
Proof of insurance to register vehicle & keep registration. Requires
proof of vehicle insurance to register vehicle, as part of the
financial responsibility law. Creates procedure for the commissioner of
revenue to revoke vehicle registration if the vehicle no longer meets
the requirements of the financial responsibility law, including if the
vehicle insurance is no longer valid. Establishes registration
reinstatement fees to reinstate the vehicle's registration after the
registration has been revoked. Increases fines for operating a vehicle
without proper insurance proof. Creates a Class C felony for
fraudulently alters or counterfeits an insurance card to make it look
valid or provides an invalid or counterfeit insurance card available as
evidence of proper insurance proof. (S: Gresham; H: Rich)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: House General Subcommittee of Transportation deferred to next year.
|
SB 0914
Overbey
HB 1236
Montgomery
|
Allows dismissal of case regarding financial responsibility. Allows,
instead of requires, the court to dismiss a charge of failure to
provide proof of financial responsibility if the person did not have
such proof at the time of the charge but submitted satisfactory proof at
time of court date that financial responsibility was obtained. (S:
Overbey; H: Montgomery)
Senate Status: Senate Judiciary deferred to 04/12/2011.
House Status: Taken off notice 04/05/2011 in House General Subcommittee of Transportation.
|
SB 0989
McNally
HB 1275
Matheny
|
DUI - repeat or multiple offender. Requires a court, prior to
accepting a guilty plea or a verdict or finding of guilty for a
violation of driving under the influence, to review the defendant's
official driver record maintained by the department to determine the
factual basis for determining whether a defendant is a repeat or
multiple offender. (S: McNally; H: Matheny)
Senate Status: Set for Senate Judiciary Committee 04/27/2011.
House Status: Referred to House General Subcommittee of Judiciary.
|
SB 1050
Tracy
HB 1314
Johnson P.
Public Chapter (PDF)
|
Exempt commercial drivers from medical card requirement. Exempts
commercial drivers from the requirement that all Tennessee commercial
driver license holders must maintain a valid medical card, if the
drivers are employees of a state or federal government agency. (S:
Tracy; H: Johnson P.)
Amendment: Senate amendment 1 specifies that drivers of
school buses and hazardous materials trucks are not exempted from the
medical card requirement.
Senate Status: Senate 03/21/2011 passed with amendment 1.
House Status: House passed 03/24/2011.
Other Status: Enacted as Public Chapter 0050 (effective 04/06/2011).
|
SB 1269
Beavers
HB 0718
Shipley
|
Conditions on bond for prior DUI convictions. Requires the judge
or magistrate to set conditions on bond to attempt to eliminate any
danger to the community by a defendant who has one or more prior
convictions for DUI and is determined by the judge or magistrate to be a
danger to the community. (S: Beavers; H: Shipley)
Amendment: House Judiciary amendment 1 allows courts to
consider the use of specified devices such as ignition interlocks, drug
testing, alcohol monitoring devices, or in-patient rehabilitation as
conditions of bail for persons charged with vehicular assault or
homicide, or driving under the influence instead of allowing such
consideration for persons with one or more of the following convictions
and adds charges for aggravated vehicular homicide to the above list.
Allows use of such devices to be considered as conditions to bail for
the above offenses if committed while the defendant was currently
released on bail for the same charges. Allows sheriffs, magistrates and
other authorities permitted to admit bail to also consider the use of
such devices in setting bail. House Judiciary amendment 2 corrects a
typographical error in a cross reference by changing (d)(2) to (b)(2) in
section three of the bill.
Senate Status: Referred to Senate Judiciary.
House Status: House Judiciary 04/12/2011 recommended with amendment 1 and 2. Sent to House Calendar & Rules.
|
SB 1342
Summerville
HB 1296
Hensley
|
Proof of insurance required for any traffic violation. Requires
officer to request proof of insurance from the driver of a motor vehicle
for any traffic violation, moving or otherwise. (S: Summerville; H:
Hensley)
Amendment: House Transportation amendment 1 deletes the
original bill. Requires law enforcement officers to ask motorists for
proof of insurance when charged with any traffic violation, moving or
otherwise. Exempts parking citations and citations based solely on
evidence obtained from a traffic enforcement camera.
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: House General Subcommittee of Finance deferred to 05/04/2011.
|
SB 1638
Campfield
HB 1874
Niceley
|
Participation in Real ID Act prohibited. Prohibits TN from
participating in the implementation of the REAL ID Act of 2005. Directs
the department of safety to not implement. Requires the commissioner to
report to the governor any attempt by the United States department of
homeland security to secure the implementation of such act through the
operations of the department. (S: Campfield; H: Niceley)
Senate Status: Taken off notice in Senate Transportation 04/20/2011.
House Status: House Transportation deferred to 05/03/2011.
|
SB 1698
Burks
HB 0352
McDonald
|
Penalty for failure to provide proof of insurance. Authorizes
county or municipal law enforcement officers to impound motor vehicles
upon driver's failure to provide evidence of financial responsibility.
Requires police department to notify owner of motor vehicle and all
lienholders of record within two business days that the vehicle has been
impounded. Allows owner or lienholder to reclaim vehicle within ten
days of the notice upon payment of all towing, preservation and storage
charges. Specifies that failure of owner or lienholder to reclaim the
vehicle within the time provided shall be deemed a waiver by the owner
and all lienholders of all right, title and interest in the vehicle and
consent to sale of the vehicle at public auction. (S: Burks; H:
McDonald)
House Co-Sponsor: Bass
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House General Subcommittee of Transportation.
|
SB 1714
Beavers
HB 1014
Pody
|
Car seizure from person unlawfully present in the U.S. Requires
an officer making a lawful stop or detaining a person who violates
certain traffic offenses to seize a person's vehicle if the person is
unlawfully present in the United States, but specifies that such seizure
must occur only after the person cannot provide a valid driver license,
the officer has reasonable suspicion to believe that the person is
unlawfully present in the United States, and the officer has received
verification of the person's immigration status from the federal
immigration authorities. (S: Beavers; H: Pody)
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House General Subcommittee of State & Local Government.
|
SB 1769
Tracy
HB 2025
Womick
|
Adjudication of financial responsibility citations. Removes the
mandatory Class C misdemeanor, punishable by fine only, for violations
of the financial responsibility law. (S: Tracy; H: Womick)
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice 04/05/2011 in House Judiciary.
|
SB 1798
Johnson J.
HB 1877
Gotto
|
License revocation for non-payment of court costs & fines. Revokes
a person's license if that person has not paid litigation taxes, court
costs, or fines related to a criminal case within one year. Creates a
one-time exception valid for a 180 day stay for those with employment or
family hardships if they apply to the court in a sworn affidavit. (S:
Johnson J.; H: Gotto)
Amendment: House Judiciary amendment 1 requires the
commissioner of safety to not revoke any license under this section,
instead of any license under title 55, while the stay is in effect.
Senate Status: Referred to Senate Judiciary.
House Status: House General Subcommittee of Finance deferred to 05/11/2011.
|
HB 0061
Haynes R.
|
Speeding tickets based on evidence from traffic camera. Prohibits the issuance of speeding tickets based solely on evidence from traffic surveillance cameras. (H: Haynes R.)
House Status: Referred to House General Subcommittee of Transportation.
|
HB 0062
Haynes R.
|
Payment of traffic citations based on surveillance cameras. Specifies
that traffic citation from traffic enforcement camera may be paid by
mail or in person within the jurisdiction of the surveillance camera's
governing body within 30 days of the mailing of the notice. (H: Haynes
R.)
House Status: Referred to House General Subcommittee of State & Local Government.
|
HB 0063
Haynes R.
|
Review of video evidence from traffic enforcement camera. Requires
police officer, instead of law enforcement office employee, to review
video evidence from traffic enforcement surveillance camera and to make
determination as to whether or not a violation has occurred. (H: Haynes
R.)
House Status: Referred to House General Subcommittee of Transportation.
|
HB 0064
Haynes R.
|
Stopping of vehicle making right turn on red. Removes requirement
that vehicle making right turn on red signal come to full and complete
stop prior to making such turn. Instead, requires vehicle making right
turn on red signal to yield the right-of-way to pedestrians and cross
traffic and to make sure that turn will not endanger other traffic
lawfully using the intersection. (H: Haynes R.)
House Status: Referred to House General Subcommittee of Transportation.
|
HB 0065
Haynes R.
|
Revenue generated from traffic enforcement cameras. Prohibits a
municipality or county from using any revenue generated from traffic
enforcement cameras for operational expenses of the traffic enforcement
camera program. Requires the governing body of the municipality or
county to designate eligible nonprofit organizations to receive all such
revenue. (H: Haynes R.)
House Status: Referred to House General Subcommittee of State & Local Government.
|
UTILITIES |
SB 0598
Norris
HB 0574
McCormick
Public Chapter (PDF)
|
Uniform Access, Competition, and Consumer Fairness Act. Prohibits
any public utility or telephone cooperative that provides switched
access service for intrastate toll telecommunications services from
imposing intrastate switched access charges that exceed its interstate
switched access charges. Requires such entity to utilize the same rate
structure for intrastate switched access service that it uses for
interstate switched access service. Until rules governing the funding of
the state relay service take effect, allows such entity to include in
its intrastate switched access charges as a separate intrastate switched
access rate element an additur established by the TRA to maintain the
TN relay service consistent with present law regarding the assistive
telecommunications device distribution program; specifies that such
amount may not exceed the additur established as of the effective date
of this bill. Requires any entity that is already imposing intrastate
switched access
charges that, on an average per minute basis, are higher than its
average per minute interstate switched access charges imposed by the
entity to do the following: (A) Establish an intrastate switched access
rate structure that is the same as its interstate switched access rate
structure; and (B) Implement revised intrastate switched access charges
to effectuate a reduction of at least 20 percent in the difference
between the average per minute intrastate switched access rate in effect
for the entity on the effective date of this bill and the average per
minute interstate switched access rate in effect for the entity on the
effective date of this bill. Requires that any entity required to reduce
its intrastate switched access rates to implement the following
reductions in intrastate switched access charges: (A) Within one year of
the effective date of this bill, a reduction of at least 40 percent in
the difference between the average per minute intrastate switched access
rate in effect
for the entity on the effective date of this bill and the average per
minute interstate switched access rate in effect for the entity on the
effective date of this bill; (B) Within two years of the effective date
of this bill, a reduction of at least 60 percent in the difference
between the average per minute intrastate switched access rate in effect
for the entity on this bill's effective date and the average per minute
interstate switched access rate in effect for the entity on this bill's
effective date; (C) Within three years of the effective date of this
bill, a reduction of at least 80 percent in the difference between the
average per minute intrastate switched access rate in effect for the
entity on the effective date of this bill and the average per minute
interstate switched access rate in effect for the entity on the
effective date of this act; and (D) Within four years of the effective
date of this bill, the entity must implement revised intrastate switched
access charges
that do not exceed the interstate switched access charges imposed by the
entity. Requires any entity that implements an increase in an
intrastate switched access rate element between February 1, 2011, and 60
days after the effective date of this bill, and that is transitioning
its intrastate access rates as required, to reduce such intrastate
switched access rate element to the rate in effect on January 31, 2011,
within 60 days after the effective date of this bill. Such reductions
must be effectuated using the average per minute intrastate switched
access rate in effect for the entity on January 31, 2011, instead of the
average per minute intrastate switched access rate in effect for the
entity on the effective date of this bill. Allows a competing
telecommunications service provider to provide by tariff that its
intrastate switched access charges are the same as those of the
incumbent local exchange telephone company for whose service area the
competing provider is offering
intrastate switched access service, and be deemed thereby to comply with
the requirements of this bill. Authorizes an entity that transitions
its intrastate access rates as required to adjust its retail rates each
year to recover any revenue losses resulting from its revision of
intrastate switched access rates and rate structure. Prohibits the TRA
from reviewing or regulating such retail rate adjustments. To the extent
the interstate switched access rates or rate structure of an entity
change consistent with applicable federal law, then the entity would
have 30 days to implement the same changes for its provision of
intrastate switched access services. Within 60 days of the effective
date of this bill, any entity that is providing switched access service
must file and thereafter maintain a tariff or price list with the TRA
setting forth its intrastate switched access rates and rate structure.
(S: Norris; H: McCormick)
Senate Co-Sponsors: Southerland; Tate; Gresham; Harper;
Ketron
House Co-Sponsors: Turner M.; McDaniel; Maggart; Carr;
White M.; Todd; Johnson C.; Johnson P.; Sargent; Rich; Pitts; Eldridge;
Camper; Lollar; Casada; Sontany; Dean; Roach; Harrison; Dennis; Williams
K.; Armstrong; Gilmore; Shipley; Montgomery; Moore; Jones S.; Favors;
Coley
Amendment: Senate amendment 1 changes the date by which the
first 20 percent rate reduction must be implemented to "no later than
April 1, 2012", rather than "no later than 60 days after the bill's
effective date". Changes all references to "60 days after the effective
date of this bill" to "April 1, 2012". Requires further rate reductions
of 20 percent per year by April 1 of each year until complete parity is
reached on or before April 1, 2016.
Senate Status: Senate 03/24/2011 passed with amendment 1.
House Status: House passed 03/28/2011.
Other Status: Enacted as Public Chapter 0068 (effective 04/12/2011).
|
SB 1673
Tracy
HB 1200
Marsh
|
Providing of services by electric cooperatives. Removes
restrictions placed on existing electric cooperatives from providing
services in areas where services are already being provided by a
wireless cable (microwave) system licensed by the federal communications
commission as a multi-channel or multipoint distribution system without
express consent from the operator of the system. (S: Tracy; H: Marsh)
Senate Status: Referred to Senate State & Local Government.
House Status: Referred to House General Subcommittee of Commerce.
|
WORKERS COMPENSATION |
SB 0588
Finney L.
HB 1870
Pitts
|
Religious exemption from workers' compensation. Allows an
employee to apply for exemption from the workers' compensation
requirements if the employee is a member of a recognized religious sect
and follows the religious teachings of such sect which prevents the
employee from accepting benefits provided by the workers' compensation
laws. Provides the employee an opportunity to revoke the exemption.
Requires the exempted employee to sue under common law principles to
recover for personal injury or death by accident brought against the
employer. (S: Finney L.; H: Pitts)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Referred to House General Subcommittee of Consumer & Employee Affairs.
Other Status: Workers' Compensation Advisory Council deferred to next meeting.
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SB 0781
Ketron
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Corporate officer exemptions in construction industries. Allows
five instead of three corporate officers in a corporation engaged in the
construction industry to apply for exemptions from the workers'
compensation insurance requirements. Contains broad caption. (S: Ketron)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
Other Status: Set for Workers' Compensation Advisory Council 02/28/2011.
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SB 0932
Norris
HB 1503
Eldridge
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Workers' compensation modifications. (1) Excludes persons
providing services as a leased operator or an owner-operator of a
vehicle under contract to a common carrier performing certain interstate
commerce transactions from the wage regulations and employment
securities provisions. (2) Allows parties to immediately, instead of
having to three years, settle the issue of future medical benefits in
workers' compensation settlements (except permanent and total
disability). Allows the trial court or department of labor and workforce
development specialist approving settlement to terminate the right to
future medical benefits after finding that compensability is a contested
issue and is a potentially valid defense of the employer. (3) Specifies
that treating medical providers must communicate with the employer and
honor any employer request for medical information related to the
claimed workers' compensation injury. (4) Changes the definition of
"injury" and "personal injury" to not
include diseases, unless diseases result unavoidably from the
employment. Specifies that mental injuries are accidental only if they
are caused by specific incidents and is identifiable by the time and
place of occurrence. Creates a presumption that the treating physician's
opinion is correct concerning compensability. (5) Establishes that
hearing loss, carpal tunnel syndrome, and other repetitive motion
injuries are not occupational diseases and not compensable unless the
disease exists and arose primarily out of and in the course of
employment and it follows an incident of occupational disease, it is
infectious or contagious disease contracted in course of certain
employments, such as in a hospital or as emergency rescue personnel, or
it is caused by conditions peculiar to such employment. (S: Norris; H:
Eldridge)
House Co-Sponsors: Carr; Womick; Sanderson
Senate Status: Senate Commerce, Labor & Agriculture recommended 04/26/2011 with amendment 1. Sent to Senate Finance, Ways & Means.
House Status: Referred to House General Subcommittee of Finance.
Other Status: Workers' Compensation Advisory Council reviewed.
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SB 1304
Johnson J.
HB 1083
Eldridge
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Claims involving a drug-free workplace. In cases where the
employer has implemented drug-free workplace, disqualifies employee from
receiving workers' compensation benefits if employee refuses testing
for drugs or alcohol or test positive for specified blood alcohol
concentration levels or positive drug confirmations, instead of creating
rebuttable presumption that alcohol or drug was the proximate cause of
work injury. (S: Johnson J.; H: Eldridge)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Referred to House General Subcommittee of Consumer & Employee Affairs.
Other Status: Set for Workers' Compensation Advisory Council 02/28/2011.
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SB 1307
Johnson J.
HB 1001
Eldridge
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Increase of time to return certain exemptions. Increases the time
that the secretary of state has to return an application for a
construction services provider's workers' compensation exemption from 10
to 14 days. (S: Johnson J.; H: Eldridge)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Referred to House General Subcommittee of Consumer & Employee Affairs.
Other Status: This bill may be heard at the 04/08/2011 Workers' Compensation Advisory Council meeting.
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SB 1481
Marrero
HB 1527
Turner M.
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Employees with certain occupational diseases. Establishes a
conclusive presumption that a beryllium employee, employee with cancer
or silicosis, or other employee covered under the federal Energy
Employees Occupational Illness Compensation Act has an occupational
disease for the purposes of state workers' compensation claim. (S:
Marrero; H: Turner M.)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Referred to House General Subcommittee of Consumer & Employee Affairs.
Other Status: Set for Workers' Compensation Advisory Council 02/28/2011.
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SB 1550
Ketron
HB 2030
Curtiss
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Exemption from coverage - construction services providers. Clarifies
that the general contractor of a commercial construction project shall
select the three individual construction services providers who may be
exempt from workers' compensation coverage while working on the
commercial construction project. Allows five instead of three corporate
officers who are engaged in the construction industry to apply for an
exemption from the requirements that they be covered by workers'
compensation insurance. Contains broad caption. (S: Ketron; H: Curtiss)
House Co-Sponsor: Pitts
Amendment: House Consumer and Employee Affairs amendment 1
deletes the original bill. Defines employee not to include a
construction services provider who is listed on the workers'
compensation exemption registry. Decreases, from 30 to 20 percent, the
share of ownership required for partners in a partnership or members of
limited liability companies to be eligible for exemption. Authorizes an
individual, associated with multiple business entities, to be listed as
exempt for each entity in the Workers' Compensation Exemption Registry.
Requires revocation of all exemptions in a person or entity's name whose
license is revoked. Requires revocation of exemptions for failure to
pay any workers' compensation premiums. Establishes a fee of $20 for a
second or subsequent exemption, valid for a period of two years.
Requires any insurance policy canceled as a result of exemption to be
canceled with no penalty. Senate Commerce amendment 1 clarifies that the
exemption from workers'
compensation insurance for three construction services providers who are
performing direct labor on a commercial construction project applies to
three individuals and not three entities. Senate Commerce amendment 2
rewrites the bill. (1) States that a construction services provider who
is listed on the workers' compensation exemption registry is not an
"employee" if such provider is working in the service of the business
entity through which the provider obtained such an exemption. (2)
Clarifies that any person who has a workers' compensation exemption
shall not be within the scope of the workers' compensation chapter. (3)
Current law (Public Chapter 1149) defines "engaged in the construction
industry" as a person assigned to the contracting group as designated by
the department of commerce and insurance. This amendment clarifies that
if more than one classification applies, the classification that
produces the greatest amount of payroll shall be used to determine
whether the person or
entity is engaged in the construction industry. (4) Clarifies that a
construction services provider performing work directly for the owner of
the property is exempt from the requirements that he or she be covered
under a workers' compensation policy of insurance; provided, that such
an exemption shall not apply to any provider that subcontracts any of
the work. (5) Currently, only three officers of a corporation may be
eligible for a workers' compensation exemption. This amendment increases
that number to five. (6) Currently, only partners of a partnership or
members of an LLC may be eligible for an exemption if they own at least
30 percent of the partnership or company. This amendment decreases the
required ownership to 20 percent. (7) Currently, a construction services
provider who has an exemption but is associated with multiple business
entities may only obtain one exemption, regardless of the number of
business entities for which the provider may be associated. Removes such
restriction. (8) Clarifies that a construction services provider's
exemption revocation is mandatory instead of permissive if certain
circumstances exist, such as the provider failed to pay workers'
compensation premium. (9) States that if a construction services
provider's license is revoked or if the provider has failed to pay
workers' compensation premium, whether or not such violation is as the
individual or the business entity through which the provider obtained an
exemption, all exemptions in the provider's name shall be revoked. (10)
Clarifies that a construction services provider shall have the common
law right of action if the provider is listed on the registry and is
working in the service of the business entity through which the provider
obtained such an exemption. (11) Sets the fee for issuance and for
renewal of a second or subsequent workers' compensation exemption at
$20. (12) Currently, no more than three construction services providers
who are performing direct labor
on a commercial construction project may be exempt. This amendment
clarifies that the three construction services providers who may be
exempt shall be the three that are selected by the general contractor
and shall be individuals working in the service of a business entity
through which the construction services provider obtained such an
exemption. (13) Removes the requirement that the general contractor
provide notice to any provider who provides services to such general
contractor and who is listed on the registry that such provider is not
eligible for an exemption. (14) Clarifies that the section addressing
the implementation of Public Chapter 1149 applies prior to March 1,
2011. (15) Requires that any insurance policy that is canceled as a
result of a construction services provider obtaining an exemption
pursuant to this act shall be canceled as if the insured were retiring,
i.e. canceled with no penalty.
Senate Status: Senate Commerce, Labor & Agriculture recommended 03/29/2011 with amendment. Sent to Senate Finance, Ways & Means.
House Status: House General Subcommittee of Finance deferred to 05/04/2011.
Other Status: Workers' Compensation Advisory Council released with a favorable comment.
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SB 1785
Ketron
HB 2047
Brooks, Harry
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Claims involving a drug free workplace. Increases the evidentiary
standard for rebutting the presumption that a work injury was caused by
alcohol or drug abuse from a preponderance of the evidence to clear and
convincing evidence when an employer has a drug-free workplace. (S:
Ketron; H: Brooks, Harry)
Senate Status: Senate 04/21/2011 passed.
House Status: Set for House Floor 04/28/2011.
Other Status: Set for Workers' Compensation Advisory Council 02/28/2011.
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SB 1839
Herron
HB 0581
McDaniel
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Exemption from workers' compensation for religious beliefs. Allows
an employee to apply for exemption from the workers' compensation
requirements if the employee is a member of a recognized religious sect
and follows the religious teachings of such sect which prevents the
employee from accepting benefits provided by the workers' compensation
laws. Provides the employee an opportunity to revoke the exemption.
Requires the exempted employee to sue under common law principles to
recover for personal injury or death by accident brought against the
employer. Contains broad coverage. (S: Herron; H: McDaniel)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Taken off notice 04/06/2011 in House General Subcommittee of Consumer & Employee Affairs.
Other Status: Workers' Compensation Advisory Council recommended against.
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SB 2019
Stewart E.
HB 1045
Matheny
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Worker's compensation administrative review appeal. Grants the
aggrieved party the right to appeal the administrative review of a
specialist order determining whether an employee is entitled to medical
care or treatment covered by workers' compensation pursuant to approved
settlement. Grants de novo appellate review to the chancery court in the
county where the employee resides or where the alleged injury occurred,
or the county in which the employer maintains an office if the employee
is from out-of-state. Requires the aggrieved party appeal within 10
days of the final order. Prohibits assessment of penalty if aggrieved
party appeals final order. Contains broad caption. (S: Stewart E.; H:
Matheny)
Senate Status: Senate Commerce, Labor & Agriculture deferred to 04/26/2011.
House Status: House General Subcommittee of Consumer & Employee Affairs deferred to summer study.
Other Status: Workers' Compensation Advisory Council reviewed and
previously recommended against, but the council stated that its finding
may change with the proposed new amendment.
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