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TBA Bill Tracking Service — Watch List
(Updated April 27, 2011)

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

AGRICULTURE

SB 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.

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.

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.

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.

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.

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.

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.

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.

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).

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.

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).

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.

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).

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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).

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.

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.

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.

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.

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.

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.

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.

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.

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.

SB 0781
Ketron

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.

SB 0932
Norris
HB 1503
Eldridge
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.

SB 1304
Johnson J.
HB 1083
Eldridge
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.

SB 1307
Johnson J.
HB 1001
Eldridge
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.

SB 1481
Marrero
HB 1527
Turner M.
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.

SB 1550
Ketron
HB 2030
Curtiss
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.

SB 1785
Ketron
HB 2047
Brooks, Harry
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.

SB 1839
Herron
HB 0581
McDaniel
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.

SB 2019
Stewart E.
HB 1045
Matheny
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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