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TBA Bill Tracking Service — Watch List
(Updated February 9, 2012)

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 - 1

HB3678 Genetically Engineered Food Labeling Act.
CategoryAgriculture
SponsorsRep. Joe Towns Jr.
DescriptionEnacts the "Genetically Engineered Food Labeling Act." Requires food from defined categories that is sold, distributed in, or from this state to bear a plainly visible label created by the department of agriculture that contains the words "genetically engineered." Defines genetically engineered. Prohibits the sale of genetically engineered food with misleading labels.
Senate StatusNone
House Status02/01/2012 - Referred to House Agriculture. House Government Operations will review if recommended.
CaptionAN ACT to amend Tennessee Code Annotated, Title 47, Chapter 18 and Title 53, relative to food labeling requirements.
Citations53-00-0000, 47-18-0000, 47-18-0104, 53-01-0103, 53-01-0000

Banking & Credit - 9

SB2214 / HB2352 Investigation of mortgage lender, mortgage loan broker.
CategoryBanking & Credit
SponsorsSen. Mark S. Norris / Rep. Gerald McCormick
DescriptionAuthorizes commissioner of financial institutions to establish a fee for conducting off-site investigations of any mortgage lender, mortgage loan broker, mortgage loan servicer, or mortgage loan originator. (Part of Administration Package 2012)
Senate Status02/09/2012 - Set for Senate Finance, Ways & Means Committee 02/14/12.
House Status02/09/2012 - Set for House General Subcommittee of Commerce 02/15/12.
CaptionAN ACT to amend Tennessee Code Annotated, Title 45, Chapter 13, relative to the regulation of mortgage lenders, mortgage loan brokers, mortgage loan servicers and mortgage loan originators.
Citations45-13-0000, 45-13-0404
SB2215 / HB2353 Provisions governing deferred presentment services.
CategoryBanking & Credit
SponsorsSen. Mark S. Norris / Rep. Gerald McCormick
DescriptionRevises various provisions governing deferred presentment services. Changes the time frame which a license is effective through after issuance from fiscal year ending September 30 to year ending December 31. Requires licensee to notify department of financial institutions five days before any change in the licensee's principal place of business, branch office or name. Changes other provisions regarding qualifications for licensure. Authorizes commissioner of financial institutions to require persons subject to Deferred Presentment Services Act to be licensed through a multi-state automated licensing system. (Part of Administration Package 2012)
AmendmentSenate Commerce amendment 1 (01277963) makes technical corrections, including changing "duties" to "powers" where incorrectly referenced and adding "that is operated and participated in pursuant to this chapter" where the bill refers to amulti-state automated licensing system.
Senate Status02/09/2012 - Set for Senate Floor 02/13/12.
House Status02/09/2012 - Set for House General Subcommittee of Commerce 02/15/12.
CaptionAN ACT to amend Tennessee Code Annotated, Title 45, Chapter 17, relative to deferred presentment services.
Citations45-17-0000, 45-17-0108, 45-17-0119, 45-17-0100, 45-17-0104, 45-17-0107, 45-17-0110, 45-17-0111
SB2216 / HB2354 Limits on loans to any one borrower.
CategoryBanking & Credit
SponsorsSen. Mark S. Norris / Rep. Gerald McCormick
DescriptionSpecifies that the limits on loans to any one borrower must take into consideration credit exposure arising from derivative transactions between the state bank and the borrower. (Part of Administration Package 2012)
Senate Status02/09/2012 - Set for Senate Floor 02/13/12.
House Status02/09/2012 - Set for House Commerce Committee 02/14/12.
CaptionAN ACT to amend Tennessee Code Annotated, Title 45, Chapter 2, relative to the regulation of state banks.
Citations45-02-0000, 45-02-1102
SB2599 / HB2624 Redefines qualifying organization.
CategoryBanking & Credit
SponsorsSen. Bill Ketron / Rep. Charles M. Sargent
DescriptionRedefines a qualifying organization in regard to credit card state banks as employing 200 Tennessee residents rather than 100.
Senate Status01/23/2012 - Referred to Senate Commerce, Labor & Agriculture.
House Status01/25/2012 - Referred to House General Subcommittee of Commerce.
CaptionAN ACT to amend Tennessee Code Annotated, Title 45, Chapter 2, Part 19, relative to credit cards.
Citations45-02-1900, 45-02-1901
SB2993 / HB3189 Reports - licensure under Deferred Presentment Services Act.
CategoryBanking & Credit
SponsorsSen. Beverly Marrero / Rep. Mike Stewart
DescriptionRequires persons licensed pursuant to the Deferred Presentment Services Act to file an annual report containing specified information with the commissioner by October 1st of each year, instead of by September 1st.
Senate Status01/30/2012 - Referred to Senate Commerce, Labor & Agriculture.
House Status02/01/2012 - Referred to House General Subcommittee of Commerce.
CaptionAN ACT to amend Tennessee Code Annotated, relative to banks and financial institutions.
Citations45-17-0119
SB2994 / HB3188 Penalty for violations of Deferred Presentment Services Act.
CategoryBanking & Credit
SponsorsSen. Beverly Marrero / Rep. Mike Stewart
DescriptionIncreases the civil penalty a person must pay to the commissioner of financial institutions for violations of the Deferred Presentment Services Act from $1,000 to $2,000 per violation or per day a violation occurs and continues.
Senate Status01/30/2012 - Referred to Senate Commerce, Labor & Agriculture.
House Status02/01/2012 - Referred to House General Subcommittee of Commerce.
CaptionAN ACT to amend Tennessee Code Annotated, relative to banks and financial institutions.
Citations45-17-0115
SB3073 / HB3216 Financial institutions - enforcing consumer protection laws.
CategoryBanking & Credit
SponsorsSen. Jack Johnson / Rep. Jim Gotto
DescriptionGrants the commissioner of financial institutions the power to enforce any provision of title 47, regarding commercial instruments and transactions, against any entity regulated by the commissioner.
Senate Status01/30/2012 - Referred to Senate Commerce, Labor & Agriculture.
House Status02/01/2012 - Referred to House General Subcommittee of Commerce.
CaptionAN ACT to amend Tennessee Code Annotated, Title 45 and Title 47, relative to consumer protection.
Citations47-00-0000, 45-00-0000, 45-01-0107
SB3161 / HB3599 Assignment of rights to proceeds of legal actions banned.
CategoryBanking & Credit
SponsorsSen. Jim Tracy / Rep. Jon Lundberg
DescriptionProhibits lenders from entering into a legal funding transaction with another person. Specifies that legal funding transactions are transactions in which a person or entity provides funds to another person involved in a legal action and the person receiving the funds assigns to the person or entity the contingent right to receive a part of the proceeds or the legal action's settlement or award. Voids contracts resulting from such transactions. Specifies that a violation of this section constitutes a violation of the Consumer Protection Act of 1977.
Senate Status01/30/2012 - Referred to Senate Commerce, Labor & Agriculture.
House Status02/01/2012 - Referred to House Commerce.
CaptionAN ACT to amend Tennessee Code Annotated, Title 45 and Title 47, Chapter 18, relative to consumer protection.
Citations47-18-0000, 47-18-0104, 45-00-0000
SB3338 / HB2845 Fees for fund transfers.
CategoryBanking & Credit
SponsorsSen. Bill Ketron / Rep. Joe Carr
DescriptionEstablishes a $25 fee for a customer to complete a wire transfer to a foreign country. Requires the department of revenue to administer the collection process, which is due each month. Established a crime prevention fund for the money collected to be used by the TBI.
Senate Status02/01/2012 - Referred to Senate Commerce, Labor & Agriculture.
House Status01/25/2012 - Referred to House State & Local Government. House Government Operations will review if recommended.
CaptionAN ACT to amend Tennessee Code Annotated, Title 39, Chapter 14, Part 9; Title 40, Chapter 33, Part 2; Title 45, Chapter 7, Part 2 and Title 67, Chapter 4, relative to certain fund transfers.
Citations67-04-0000, 40-33-0200, 39-14-0900, 45-07-0200

Campaigns & Lobbying - 10

SB2160 / HB2460 Gifts to general assembly members.
CategoryCampaigns & Lobbying
SponsorsSen. Stacey Campfield / Rep. Julia Hurley
DescriptionProhibits gifts to a member of the general assembly, the value of which exceeds $50.00, and which is also made available to the general public. Provides that the $50.00 limitation will increase to the nearest $1.00 amount to reflect the percentage of change in the average consumer price index.
Fiscal NoteDated: January 14, 2012 Not significant.
Senate Status01/12/2012 - Referred to Senate State & Local Government.
House Status02/01/2012 - Taken off notice in House General Subcommittee of State & Local Government.
CaptionAN ACT to amend Tennessee Code Annotated, Title 3, Chapter 6, relative to governmental ethics.
Citations03-06-0000, 03-06-0305
SB2363 / HB2224 Main Street Recovery and Anti-Wall Street Corruption Act.
CategoryCampaigns & Lobbying
SponsorsSen. Beverly Marrero / Rep. Mike Stewart
DescriptionEstablishes the "Main Street Recovery and Wall Street Accountability Act of 2012". Prohibits "Too Big to Fail" financial institutions that received TARP bailout funds from making campaign contributions to members of the Tennessee General Assembly. Specifies that this prohibition applies to a "Too Big to Fail" financial institution until the fifth anniversary of the date that the "Too Big to Fail" financial institution has paid back all bail out funds to the government institutions that provided them or January 31, 2018, whichever is later. Provides that no political action committee that provides campaign contributions to any elected official in the state of Tennessee shall accept financial support, directly or indirectly, from a "Too Big to Fail" financial institution that received TARP bailout funds until the fifth anniversary of the date that the "Too Big to Fail" financial institution has paid back all bail out funds to the government institutions that provided them or January 31, 2018, whichever is later. Requires the comptroller to evaluate the ongoing risk posed by "Too Big to Fail" financial institutions so that steps can be taken to insure that Tennessee taxpayers, retirees, and other investors are not put at risk in the future.
Senate Status01/18/2012 - Referred to Senate Government Operations.
House Status01/24/2012 - Referred to House General Subcommittee of Commerce.
CaptionAN ACT to amend Tennessee Code Annotated, Title 2; Title 28; Title 38; Title 39; Title 40; Title 45 and Title 47 to enact the "Main Street Recovery and Wall Street Accountability Act of 2012".
Citations39-00-0000, 40-00-0000, 47-00-0000, 38-00-0000, 45-00-0000, 28-00-0000, 02-00-0000, 40-02-0101, 47-18-0110, 40-02-0102, 28-01-0100, 02-10-1000
SB2584 / HB2940 Limits amount candidate may personally loan campaign.
CategoryCampaigns & Lobbying
SponsorsSen. Stacey Campfield / Rep. Vance Dennis
DescriptionLimits amount a candidate for state or local office may personally loan campaign to $100,000 per election but does not limit amount candidate may contribute to campaign. Creates voluntary spending limits for certain state and local candidates.
Senate Status01/23/2012 - Referred to Senate State & Local Government.
House Status01/31/2012 - Referred to House General Subcommittee of State & Local Government.
CaptionAN ACT to amend Tennessee Code Annotated, Title 2, Chapter 10, relative to campaign finance.
Citations02-10-0000, 02-10-0304
SB2585 / HB2941 Limits amount candidate may personally loan campaign.
CategoryCampaigns & Lobbying
SponsorsSen. Stacey Campfield / Rep. Vance Dennis
DescriptionLimits amount a candidate to a state or local office may personally loan his or her campaign to $100,000 per election. Clarifies that this limitation does not apply to amount candidate may contribute to campaign. Creates voluntary spending limits for statewide candidates.
Senate Status01/23/2012 - Referred to Senate State & Local Government.
House Status01/31/2012 - Referred to House General Subcommittee of State & Local Government.
CaptionAN ACT to amend Tennessee Code Annotated, Title 2, Chapter 10, relative to campaign finance.
Citations02-10-0000, 02-10-0304
SB2721 / HB2885 Offense for PAC contributions by state funded businesses.
CategoryCampaigns & Lobbying
SponsorsSen. Lowe Finney / Rep. Craig Fitzhugh
DescriptionCreates Class C misdemeanor for any corporation or other business entity that receives state grants, bonds or tax credits that makes contributions to candidates for state or local public office or to PACs that contribute to state or local candidates during any two-year election cycle in which such grants, bonds or tax credits were received.
Senate Status01/26/2012 - Referred to Senate State & Local Government.
House Status02/09/2012 - Set for House General Subcommittee of State & Local Government 02/15/12.
CaptionAN ACT to amend Tennessee Code Annotated, Title 2, Chapter 10, relative to contributions by certain corporations and business entities.
Citations02-10-0000, 02-10-0100
SB3000 / HB2697 Contributions by persons bidding on state contracts.
CategoryCampaigns & Lobbying
SponsorsSen. Beverly Marrero / Rep. Mike Turner
DescriptionProhibits any person bidding on or awarded a state contracted from making contributions to a member of the general assembly or governor, or to a political campaign committee if such committee makes contributions to members of the general assembly or the governor. Requires those awarded contracts to wait six months following contract completion and those bidding to wait until receiving written confirmation their bid was rejected to contribute.
Senate Status01/30/2012 - Referred to Senate State & Local Government.
House Status01/25/2012 - Referred to House General Subcommittee of State & Local Government.
CaptionAN ACT to amend Tennessee Code Annotated, Title 2 and Title 12, relative to campaign contributions by persons bidding on or who have been awarded state contracts.
Citations12-00-0000, 02-00-0000, 02-10-0300
SB3274 / HB3663 PACs can use funds only for contributions and expenditures.
CategoryCampaigns & Lobbying
SponsorsSen. Lowe Finney / Rep. Craig Fitzhugh
DescriptionProhibits PACs from using any funds for anything other than a contribution or expenditure. Adds to definition of "contribution" monies received for defraying legal expenses an officeholder or candidate incurred in connection with an election or campaign.
Senate Status02/01/2012 - Referred to Senate State & Local Government.
House Status02/01/2012 - Referred to House State & Local Government.
CaptionAN ACT to amend Tennessee Code Annotated, Title 2, Chapter 10, Part 1, relative to campaign finance.
Citations02-10-0100, 02-10-0102
SB3440 / HB3759 Complaints to the election finance registry.
CategoryCampaigns & Lobbying
SponsorsSen. Mike Faulk / Rep. Art Swann
DescriptionAllows registry of election finance to receive complaints with regard to certain campaign finance Class C misdemeanor offenses.
Senate Status02/01/2012 - Referred to Senate State & Local Government.
House Status02/02/2012 - Referred to House State & Local Government.
CaptionAN ACT to amend Tennessee Code Annotated, Title 2, Chapter 19 and Title 2, Chapter 10, relative to administration and jurisdiction regarding certain election laws.
Citations02-10-0000, 02-19-0000, 02-10-0205
SB3645 / HB3281 Insurance companies making campaign contributions.
CategoryCampaigns & Lobbying
SponsorsSen. Bo Watson / Rep. Debra Young Maggart
DescriptionRemoves prohibition on insurance companies making campaign contributions, removes PAC aggregate limitation on candidates and deletes report requirement on contributions in excess of $5,000 for state office and in excess of $2,500 for local office made within 10 days of election.
Senate Status02/01/2012 - Referred to Senate State & Local Government.
House Status02/01/2012 - Referred to House General Subcommittee of State & Local Government.
CaptionAN ACT to amend Tennessee Code Annotated, Title 2, Chapter 10 and Title 56, Chapter 3, relative to campaign finance.
Citations02-10-0000, 02-10-0105, 02-10-0302, 56-03-0000
SB3685 / HB3819 Broadens notification authority of the registry.
CategoryCampaigns & Lobbying
SponsorsSen. James F. Kyle Jr. / Rep. Mike Turner
DescriptionAllows the registry of election finance to send notifications of requirements for filing disclosure statements to each member of the general assembly by email if that is the member's preferred means.
Senate Status02/01/2012 - Referred to Senate State & Local Government.
House Status02/06/2012 - Referred to House General Subcommittee of State & Local Government.
CaptionAN ACT to amend Tennessee Code Annotated, Title 2, relative to the registry of election finance.
Citations02-00-0000, 02-10-0206

Commercial Law - 6

SB2594 / HB2708 Equal Access to Intrastate Commerce Act - repealed.
CategoryCommercial Law
SponsorsSen. Thelma Harper / Rep. Mike Turner
DescriptionRepeals the "Equal Access to Intrastate Commerce Act (PC 0278)," which defines "sex," for the purposes of the Tennessee Human Rights Act (THRA), as the designation of an individual as male or female as indicated on the individual's birth certificate. Prohibits local governments from imposing an anti-discrimination policy that changes the definition of discriminatory practices contained in the THRA or other types of discrimination prohibited by state law.
Senate Status01/23/2012 - Referred to Senate State & Local Government.
House StatusNone
CaptionAN ACT to amend Tennessee Code Annotated, Section 4-21-102, Title 7, Chapter 51, and Chapter 278 of the Public Acts of 2011 relative to deleting the "Equal Access to Intrastate Commerce Act".
Citations07-51-0000, 04-21-0102, 07-51-1800
SB2705 / HB2982 Federal Reserve Weekly Average prime loan rate.
CategoryCommercial Law
SponsorsSen. Brian K. Kelsey / Rep. Vance Dennis
DescriptionRequires the Federal Reserve weekly average prime loan rate to be used as the standard interest rate on judgments so long as such rate does not exceed 10 percent.
Senate Status01/26/2012 - Referred to Senate Judiciary.
House Status01/31/2012 - Referred to House General Subcommittee of Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 47, relative to interest on judgments.
Citations47-00-0000, 47-14-0121
SB2931 / HB3150 Revisions of the Uniform Commercial Code.
CategoryCommercial Law
SponsorsSen. Doug Overbey / Rep. Jon Lundberg
DescriptionRevises numerous provisions of the Uniform Commercial Code.
Senate Status01/30/2012 - Referred to Senate Commerce, Labor & Agriculture.
House Status01/30/2012 - Referred to House Commerce.
CaptionAN ACT to amend Tennessee Code Annotated, Title 47, Chapter 1; Title 47, Chapter 2; Title 47, Chapter 2A and Title 47, Chapter 9, relative to the Uniform Commercial Code.
Citations47-02-0000, 47-01-0000, 47-01-0103, 47-09-0000, 47-09-0102, 47-09-0105, 47-09-0307, 47-09-0311, 47-09-0317, 47-09-0326, 47-09-0406, 47-09-0408, 47-09-0502, 47-09-0503, 47-09-0507, 47-09-0515, 47-09-0516, 47-09-0518, 47-09-0521, 47-09-0607
SB3258 / HB3180 Accrual of prejudgment interest.
CategoryCommercial Law
SponsorsSen. Ophelia Ford / Rep. Karen D. Camper
DescriptionSpecifies that prejudgment interest begins to accrue on the date which service of process occurred, unless a contract provides otherwise.
Senate Status02/01/2012 - Referred to Senate Judiciary.
House Status02/01/2012 - Referred to House General Subcommittee of Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 47, relative to prejudgment interest.
Citations47-00-0000, 47-14-0123
SB3722 / HB3771 Disclosure of agreements for automatic charge arrangements.
CategoryCommercial Law
SponsorsSen. Roy B. Herron / Rep. Craig Fitzhugh
DescriptionRequires a person making an automatic renewal or continuous service offer to a customer in this state to present offer terms before purchase, obtain a consumer's affirmative express consent to the offer, and provide cancellation information. Prohibits such persons from automatically charging a credit card, debit card, or third party account without express consent; all goods sent without express consent are deemed unconditional gifts to the consumer. Requires such persons to provide at least one specified cancellation mechanism.
Senate Status02/01/2012 - Referred to Senate Commerce, Labor & Agriculture.
House Status02/02/2012 - Referred to House Commerce.
CaptionAN ACT to amend Tennessee Code Annotated, Title 47, Chapter 18, relative to consumer protection.
Citations47-18-0000, 47-18-0104, 47-18-0100
SB3735 / HB3411 Auto dealers prohibited from certain sales practices.
CategoryCommercial Law
SponsorsSen. Roy B. Herron / Rep. David Shepard
DescriptionProhibits motor vehicle dealers from making statements or representations regarding a prize or travel service in the primary or emphasized portion of the text of a solicitation, promotion or advertisement that are contradicted in an obscure disclosure. Classifies a violation as a Class B misdemeanor under the Consumer Protection Act.
Senate Status02/01/2012 - Referred to Senate Commerce, Labor & Agriculture.
House Status02/01/2012 - Referred to House Commerce.
CaptionAN ACT to amend Tennessee Code Annotated, Title 47, Chapter 18 and Title 55, Chapter 17, relative to consumer protection.
Citations47-18-0000, 55-17-0000, 47-18-0120

Criminal Law - 56

SB2176 / HB2191 Creates felony offenses for harboring illegal aliens.
CategoryCriminal Law
SponsorsSen. Mae Beavers / Rep. Tony Shipley
DescriptionCreates a Class E felony offense of concealing, harboring, shielding from detection, or transporting illegal aliens in this state. Specifies that the same offense is a Class D felony if illegal drugs are also being transported. Creates other felony offenses involving concealing or transporting illegal aliens. Provides that certain property utilized in committing such offenses be subject to forfeiture.
AmendmentHouse Judiciary Subcommittee amendment 1 (01267466) clarifies that this legislation does not apply to any person who provides first response services, emergency medical or mental health care, public health or adult or child protective services, while that person is in the performance of those services.
Senate Status01/12/2012 - Referred to Senate Judiciary.
House Status02/07/2012 - Taken off notice in House Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 38; Title 39; Title 40; Title 41 and Title 50, relative to unlawful presence in the United States.
Citations39-00-0000, 40-00-0000, 41-00-0000, 38-00-0000, 50-00-0000, 39-11-0703, 39-11-0704, 39-17-0114
SB2182 / HB2278 Removes statute of limitations for rape of a child.
CategoryCriminal Law
SponsorsSen. Bo Watson / Rep. Richard Floyd
DescriptionRemoves statues of limitation for persecution following sexual offenses committed against a child on or after July 1, 2012.
Senate Status01/12/2012 - Referred to Senate Judiciary.
House Status02/07/2012 - House Judiciary Committee deferred to 2/21/2012.
CaptionAN ACT to amend Tennessee Code Annotated, Title 40, Chapter 2, relative to certain crimes committed against children.
Citations40-02-0101, 40-02-0000
SB2188 / HB2502 Failure to report death of child by parent.
CategoryCriminal Law
SponsorsSen. Doug Overbey / Rep. Bob Ramsey
DescriptionCreates a Class E felony for parents' failure to notify authorities of their child's death within one hour of when the parent discovered, or should have discovered, the child's death or reasonably believed the child was dead. Parents have 24 hours to report a missing child.
Senate Status01/13/2012 - Referred to Senate Judiciary.
House Status01/24/2012 - Referred to House General Subcommittee of Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 37; Title 38 and Title 39, Chapter 15, Part 4, relative to the reporting of certain events involving children.
Citations37-00-0000, 38-00-0000, 39-15-0400
SB2223 / HB2361 Qualifications for youth services officers.
CategoryCriminal Law
SponsorsSen. Mark S. Norris / Rep. Gerald McCormick
DescriptionRemoves requirement that police officers, sheriffs, corrections officers, and youth services officers be free of all apparent mental disorders. Intended to comply with ADA. (Part of Administration Package 2012)
Senate Status01/13/2012 - Referred to Senate Judiciary.
House Status01/17/2012 - Referred to House General Subcommittee of State & Local Government.
CaptionAN ACT to amend Tennessee Code Annotated, Title 8, Chapter 8; Title 37, Chapter 5; Title 38, Chapter 8 and Title 41, Chapter 1 for the purpose of compliance with the Americans with Disabilities Act, 42 United states Code 12101, et seq.
Citations38-08-0000, 38-08-0106, 08-08-0000, 08-08-0102, 37-05-0000, 37-05-0117, 41-01-0000, 41-01-0116
SB2250 / HB2388 Unlawful possession of gun with previous felony conviction.
CategoryCriminal Law
SponsorsSen. Mark S. Norris / Rep. Gerald McCormick
DescriptionIncreases the punishment for unlawful possession of firearm by person with previous felony conviction from Class E to Class C if they have been convicted of a felony involving the use or attempted force, violence or a deathly weapon. Increases punishment from Class E to a Class D if they have been convicted of a felony drug offense. (Part of Administration Package 2012)
Senate Status02/07/2012 - Senate Judiciary recommended. Sent to Senate Finance, Ways & Means.
House Status02/07/2012 - House Judiciary recommended. Sent to House Finance, Ways & Means.
CaptionAN ACT to amend Tennessee Code Annotated, Title 39 and Title 40, relative to criminal penalties.
Citations39-00-0000, 40-00-0000, 39-17-1307
SB2369 / HB2489 Civil right of action for victims of human trafficking.
CategoryCriminal Law
SponsorsSen. Beverly Marrero / Rep. Jim Coley
DescriptionPermits victims of human trafficking to bring a civil action for actual damages, compensatory damages, punitive damages, injunctive relief, any combination of those or any other appropriate relief. Specifies that restitution to victims of human trafficking include those items covered by the criminal injuries compensation fund as well as costs of medical and psychological treatment, including physical and occupational therapy and rehabilitation, costs of necessary transportation, temporary housing, and child care, and attorney's fees and other court-related costs such as victim advocate fees.
Fiscal NoteDated: January 29, 2012 Not significant.
Senate Status02/09/2012 - Set for Senate Judiciary Committee 02/14/12.
House Status02/09/2012 - Set for House Calendar & Rules Committee 02/14/12.
CaptionAN ACT to amend Tennessee Code Annotated, Title 39, Chapter 13, Part 3, relative to providing civil relief for victims of human trafficking.
Citations39-13-0300
SB2392 / HB2417 Requires subpoena for electronic tracking device on vehicle.
CategoryCriminal Law
SponsorsSen. Mike Bell / Rep. Eric Watson
DescriptionRequires law enforcement to obtain a subpoena before installing an electronic tracking device in a motor vehicle to further a criminal investigation.
Senate Status02/07/2012 - Senate Judiciary deferred to 2/14/2012.
House Status02/01/2012 - House General Subcommittee of Judiciary deferred to 02/29/12.
CaptionAN ACT to amend Tennessee Code Annotated, Title 39 and Title 40, relative to tracking cars.
Citations39-00-0000, 40-00-0000, 39-13-0606
SB2402 / HB2290 Disposition of proceeds derived from drug seizures.
CategoryCriminal Law
SponsorsSen. Randy McNally / Rep. Cameron Sexton
DescriptionAllows proceeds from seizures and confiscations in drug cases to be used to provide emergency care for children removed from a home in which methamphetamine was being produced.
Senate Status01/18/2012 - Referred to Senate Judiciary.
House Status02/08/2012 - Referred to House General Subcommittee of Health & Human Resources.
CaptionAN ACT to amend Tennessee Code Annotated, Title 39, Chapter 17, Part 4; Title 40, Chapter 33, Part 2 and Title 53, Chapter 11, relative to the disposition of proceeds derived from drug seizures, confiscations and forfeitures.
Citations40-33-0211, 39-17-0400, 53-11-0000, 40-33-0200
SB2412 / HB2571 Pretrial diversion not for public official misconduct.
CategoryCriminal Law
SponsorsSen. Randy McNally / Rep. Bill Dunn
DescriptionProhibits pretrial diversion for any public servant charged with official misconduct or any elected or appointed official charged with a misdemeanor arising from his or her office.
Senate Status01/18/2012 - Referred to Senate Judiciary.
House Status01/24/2012 - Referred to House General Subcommittee of Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 39 and Title 40, relative to eligibility for pretrial and judicial diversion.
Citations39-00-0000, 40-00-0000, 40-35-0313, 40-15-0105
SB2425 / HB2420 Increased expunction fee after diversion programs.
CategoryCriminal Law
SponsorsSen. Randy McNally / Rep. Eric Watson
DescriptionIncreases expunction fee following the successful completion of diversion programs.
Senate Status01/18/2012 - Referred to Senate Judiciary.
House Status02/02/2012 - Withdrawn in House.
CaptionAN ACT to amend Tennessee Code Annotated, Title 38, Chapter 6; Title 40, Chapter 32 and Title 40, Chapter 35, relative to expunction fees.
Citations38-06-0000, 40-32-0000, 40-32-0101, 40-35-0000, 40-35-0313, 38-06-0118
SB2443 / HB2731 Civil judgment for restitution modification of time limit.
CategoryCriminal Law
SponsorsSen. Lowe Finney / Rep. Joe Pitts
DescriptionIncreases the time for a crime victim to collect unpaid restitution under a civil judgment for nonpayment. Increases the time a judgment remains in effect from 10 years to 20 years.
Senate Status01/18/2012 - Referred to Senate Judiciary.
House Status01/25/2012 - Referred to House General Subcommittee of Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 39 and Title 40, Chapter 35, relative to sentencing.
Citations39-00-0000, 40-00-0000, 35-00-0000, 40-35-0304
SB2467 / HB2498 Financial responsibility imposed for DUI, nonresidents.
CategoryCriminal Law
SponsorsSen. Randy McNally / Rep. Julia Hurley
DescriptionImposes certain financial responsibility requirements on drivers charged with DUI and on nonresidents. Creates an offense of leaving the scene of an accident so that financial responsibility requirements cannot be verified punishable by a fine only of up $50,000.
Senate Status01/19/2012 - Referred to Senate Commerce, Labor & Agriculture.
House Status02/02/2012 - Withdrawn in House.
CaptionAN ACT to amend Tennessee Code Annotated, Title 55, relative to financial responsibility of certain drivers.
Citations55-00-0000, 55-12-0000, 55-12-0105
SB2486 / HB2281 Theft by a home improvement contractor.
CategoryCriminal Law
SponsorsSen. Jack Johnson / Rep. Bill Dunn
DescriptionAdds an element to the offense of theft by a home improvement services provider. Requires contractor to provide residential owner or United States Postal Service a correct forwarding address. Includes as a consumer protection violation failure of a contractor to provide a current or forwarding address to the residential owner if the person changes the address initially provided to the owner.
Senate Status01/19/2012 - Referred to Senate Commerce, Labor & Agriculture.
House Status02/09/2012 - Set for House Calendar & Rules Committee 02/14/12.
CaptionAN ACT to amend Tennessee Code Annotated, Section 39-14-154 and Section 47-18-104, relative to home improvement services contractors and providers.
Citations47-18-0104, 39-14-0154
SB2508 / HB2638 Living on non-residential public property.
CategoryCriminal Law
SponsorsSen. Dolores R. Gresham / Rep. Eric Watson
DescriptionCreates Class C misdemeanor offenses for living on publicly-owned, non-residential property and for assembly on publicly-owned property that poses a health or safety hazard to others. Specifies that persons committing these offenses are subject to removal from the property and liable for damage or depletion in property value.
AmendmentSenate Judiciary amendment 1, House Judiciary amendment 1 (01281471) deletes all language after the enacting clause. Defines "camping" as the erection or use of temporary structures such as tents, tarps, and other temporary shelters for living accommodation activities such as sleeping, or making preparations to sleep. Camping shall include, but not be limited to, the laying down of bedding for the purpose of sleeping, storing personal belongings, making any fire, doing any digging or earth breaking or carrying on cooking activities, whether by fire or use of artificial means such as propane stove or other heat-producing portable cooking equipment. Creates a Class A misdemeanor offense for a person to engage in the activity of camping on property owned by the State knowing that the area on which the camping occurs is not specifically designated for use as a camping area by the department or agency responsible for such land. Any items associated with camping in violation of this section, including tents, portable toilets, sleeping bags, tarps, stakes, ropes, blankets, propane heaters, cooking equipment and generators, shall be subject to seizure and forfeiture by appropriate state officials. Senate Judiciary amendment 2 (01287171) is substantially identical to Senate Judiciary amendment 1 but makes 39-14-4__ (b) (1), (2), (3), (4), (5), and (6) of the amendment enacting language.
Senate Status02/07/2012 - Senate Judiciary recommended with amendment.
House Status02/09/2012 - Set for House Calendar & Rules Committee 02/14/12.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4; Title 12; Title 29; Title 39 and Title 40, relative to use of publically- owned property.
Citations39-00-0000, 40-00-0000, 04-00-0000, 12-00-0000, 29-00-0000, 39-17-0300
SB2510 / HB2812 Bond for persons who fail to appear in court.
CategoryCriminal Law
SponsorsSen. Mike Bell / Rep. Vince Dean
DescriptionRequires persons who have previously failed to appear in court to post money or real estate as bail.
Senate Status01/19/2012 - Referred to Senate Judiciary.
House Status01/25/2012 - Referred to House Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Section 40-11-104, relative to bail.
Citations40-11-0104
SB2555 / HB2640 Offense of harassment revised.
CategoryCriminal Law
SponsorsSen. Bill Ketron / Rep. Charles Curtiss
DescriptionDeletes provisions of harassment committed by communicating with, transmitting or displaying an image to another.
Senate Status01/23/2012 - Referred to Senate Judiciary.
House Status01/25/2012 - Referred to House General Subcommittee of Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 39, relative to the offense of harassment by means of communicating with or transmitting or displaying an image to another.
Citations39-00-0000, 39-17-0308
SB2556 / HB2641 Images used to harass and bully.
CategoryCriminal Law
SponsorsSen. Bill Ketron / Rep. Charles Curtiss
DescriptionLimits the offenses of harassment by communicate with or display of an image with the intent to intimidate a victim.
Senate Status01/23/2012 - Referred to Senate Judiciary.
House Status01/25/2012 - Referred to House General Subcommittee of Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 39 and Title 49, relative to harassment and bullying.
Citations39-00-0000, 49-00-0000, 39-17-0308
SB2592 / HB2243 Study on sentencing pursuant to the "Three Strikes Law."
CategoryCriminal Law
SponsorsSen. Thelma Harper / Rep. Mary J. Pruitt
DescriptionCreates a study on the number of inmates incarcerated for life without parole that should include the name of each inmate, the race of each inmate and the violent crimes the inmate is incarcerated for. Establishes that a copy of the study be provided to the speaker of the house, the speaker of the senate, and to all members of the General Assembly who request a copy.
Senate Status01/23/2012 - Referred to Senate State & Local Government.
House Status01/12/2012 - Referred to House State & Local Government.
CaptionAN ACT to amend Tennessee Code Annotated, Section 40-35-120, relative to repeat violent offenders.
Citations40-35-0120
SB2604 / HB2678 Defendants who are unlawfully present in U.S.
CategoryCriminal Law
SponsorsSen. Mae Beavers / Rep. Joe Carr
DescriptionRequires a defendant who is unlawfully in the US to be defined as a flight risk when arrest for causing a traffic accident causing a serious bodily injury or death, driving without a valid driver license, or having no evidence of financial responsibility. Allows clerks to set the amount of bail in excess of listed amount if the defendant is seen as a flight risk.
Senate Status01/23/2012 - Referred to Senate Judiciary.
House Status02/09/2012 - Set for House Judiciary Committee 02/14/12.
CaptionAN ACT to amend Tennessee Code Annotated, Title 39; Title 40 and Title 55, relative to the procedure following commission of certain traffic offenses.
Citations39-00-0000, 40-00-0000, 55-00-0000, 40-11-0105, 40-11-0118
SB2667 / HB2626 Collection of DNA samples upon conviction.
CategoryCriminal Law
SponsorsSen. Brian K. Kelsey / Rep. John J. Deberry Jr.
DescriptionAdds five homicide offenses to the list of violent offenses for which a DNA sample is taken and stored in the database upon arrest rather than conviction.
Senate Status01/25/2012 - Referred to Senate Judiciary.
House Status02/09/2012 - Set for House General Subcommittee of Judiciary 02/15/12.
CaptionAN ACT to amend Tennessee Code Annotated, Title 40, Chapter 35, Part 3, relative to the collection of DNA samples upon conviction of certain offenses.
Citations40-35-0300, 40-35-0321
SB2679 / HB2834 Immunity when reporting certain injuries in good faith.
CategoryCriminal Law
SponsorsSen. Mae Beavers / Rep. Barrett Rich
DescriptionRequires health care providers to notify law enforcement of injuries believed to be caused by exposure to a meth lab. Grants civil and criminal immunity to those making reports in good faith. Makes violations a Class A misdemeanor.
Senate Status02/09/2012 - Set for Senate Judiciary Committee 02/14/12.
House Status02/09/2012 - Set for House Judiciary Committee 02/14/12.
CaptionAN ACT to amend Tennessee Code Annotated, Title 38 and Title 39, relative to reporting certain injuries.
Citations39-00-0000, 38-00-0000, 38-01-0101, 38-01-0103
SB2688 / HB2654 Bondsman convicted of misdemeanor in another state.
CategoryCriminal Law
SponsorsSen. Rusty Crowe / Rep. Eric Watson
DescriptionAllows a bondman's license to be withheld, withdrawn, or suspended if they have been convicted of a felony or a class A misdemeanor in the past five years.
Senate Status01/25/2012 - Referred to Senate Judiciary.
House Status01/23/2012 - Referred to House Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Section 40-11-125, relative to bonding companies.
Citations40-11-0125
SB2700 Storage of firearm in employer's public access parking lot.
CategoryCriminal Law
SponsorsSen. Stacey Campfield
DescriptionPermits employees with valid handgun permit to store their gun in employer's parking lot provided the lot is a public access parking lot, firearm is stored in an enclosed compartment, and motor vehicle is locked. Allows employer to prohibit firearms on property if the employer implements reasonable security in parking lots. Allows employer who opts out to be held liable in civil action for any damages resulting from a criminal act in parking lot.
Senate Status01/26/2012 - Referred to Senate Judiciary.
House StatusNone
CaptionAN ACT to amend Tennessee Code Annotated, Title 39, Chapter 17, Part 13, relative to the storage of firearms in public access parking lots.
Citations39-17-1300
SB2737 / HB3121 October 1, 2014 statute for personal injury actions.
CategoryCriminal Law
SponsorsSen. Jack Johnson / Rep. Vance Dennis
DescriptionRequires that on October 1, 2014, all liability action for person injuries or death that accrued prior to October 1, 2011, will be governed by the Tennessee Civil Justice Act of 2011.
Senate Status01/26/2012 - Referred to Senate Judiciary.
House Status02/01/2012 - Referred to House General Subcommittee of Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 28, relative to liability actions for personal injuries or death.
Citations28-00-0000, 28-03-0104
SB2741 / HB2847 Child sexual abuse offenders - custody and visitation.
CategoryCriminal Law
SponsorsSen. Jack Johnson / Rep. Charles M. Sargent
DescriptionEstablishes a rebuttable presumption that awarding sole custody, joint legal or joint physical custody or unsupervised visitation to the perpetrator of child abuse or child sexual abuse is not in the best interest of the child.
Senate Status01/26/2012 - Referred to Senate Judiciary.
House Status01/25/2012 - Referred to House Children & Family Affairs.
CaptionAN ACT to amend Tennessee Code Annotated, Title 36; Title 37; Title 39, Chapter 13; Title 39, Chapter 15 and Title 39, Chapter 17, relative to child sexual abuse offenders.
Citations36-00-0000, 37-00-0000, 39-15-0000, 39-17-0000, 36-06-0101, 39-13-0000
SB2771 / HB2701 Prescription for immediate precursor of methamphetamine.
CategoryCriminal Law
SponsorsSen. Charlotte Burks / Rep. Mike Turner
DescriptionRequires a valid prescription issued by a licensed physician be presented for obtainment of products that contain immediate methamphetamine precursors from a pharmacy. Broadly captioned.
Senate Status01/26/2012 - Referred to Senate Health & Welfare.
House Status01/25/2012 - Referred to House General Subcommittee of Health & Human Resources.
CaptionAN ACT to amend Tennessee Code Annotated, Title 38; Title 39; Title 40 and Title 63, relative to immediate methamphetamine precursor.
Citations39-00-0000, 40-00-0000, 38-00-0000, 39-17-0431, 63-00-0000
SB2780 / HB2774 Increases expunction fee.
CategoryCriminal Law
SponsorsSen. Randy McNally / Rep. Eric Watson
DescriptionIncreases the expunction fee from $50.00 to $350.00 following the successful completion of diversion programs.
Senate Status01/26/2012 - Referred to Senate Judiciary.
House Status02/09/2012 - Set for House Judiciary Committee 02/14/12.
CaptionAN ACT to amend Tennessee Code Annotated, Title 38, Chapter 6; Title 40, Chapter 32 and Title 40, Chapter 35, relative to expunction fees.
Citations38-06-0000, 40-32-0000, 40-32-0101, 40-35-0000, 40-35-0313, 38-06-0118
SB2817 / HB2986 Report on missing child.
CategoryCriminal Law
SponsorsSen. Becky Duncan Massey / Rep. Ryan A. Haynes
DescriptionClarifies that a missing child report must be entered in the NCIC database, but does not have to be entered in the MCOT database. Broadly captioned.
Senate Status01/26/2012 - Referred to Senate Judiciary.
House Status01/31/2012 - Referred to House General Subcommittee of State & Local Government.
CaptionAN ACT to amend Tennessee Code Annotated, Title 37; Title 38 and Title 39, relative to missing children.
Citations37-00-0000, 39-00-0000, 38-00-0000, 37-10-0203
SB2823 / HB2882 Filing a lien without a reasonable basis or legal cause.
CategoryCriminal Law
SponsorsSen. Brian K. Kelsey / Rep. Jim Coley
DescriptionCriminalizes the act of signing or filing a lien or like document on any real or personal property without reasonable basis or legal cause; violations punishable as forgery. Authorizes courts to remove such liens and declare them void.
Senate Status01/26/2012 - Referred to Senate Judiciary.
House Status01/31/2012 - Referred to House General Subcommittee of Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 39, Chapter 17, relative to placing liens on real or personal property without reasonable basis or legal cause.
Citations39-17-0000, 39-17-0100
SB2890 / HB2888 Filing a lien without legal basis.
CategoryCriminal Law
SponsorsSen. Brian K. Kelsey / Rep. Eric Watson
DescriptionCreates Class E felony for the act of causing to be prepared, signing, or filing a lien or like document on any person or property when there is no reasonable basis for assuming the party has any legal cause to place such lien. Authorizes the court to remove from record such lien, declare it void upon final conviction of this offense, and remove any cloud on the title that may have arisen.
Senate Status01/26/2012 - Referred to Senate Judiciary.
House Status01/31/2012 - Referred to House General Subcommittee of Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 39, Chapter 17, Part 1, to create the offense of drawing a lien without legal basis.
Citations39-17-0100
SB2892 / HB2895 Evaluating best interest of child in juvenile court.
CategoryCriminal Law
SponsorsSen. Andy Berke / Rep. Sherry Jones
DescriptionDefines "best interest of child" to assist the evaluation process of what is best for the child in juvenile court and foster care proceeding.
Senate Status01/26/2012 - Referred to Senate Judiciary.
House Status01/31/2012 - Referred to House General Subcommittee of Children & Family Affairs.
CaptionAN ACT to amend Tennessee Code Annotated, Title 36; Title 37; Title 39 and Title 40, relative to the best interests of children.
Citations36-00-0000, 37-00-0000, 39-00-0000, 40-00-0000, 37-01-0102, 37-02-0402, 37-01-0602, 37-05-0103
SB2934 / HB3004 Photographing a person without consent.
CategoryCriminal Law
SponsorsSen. Mark S. Norris / Rep. Ryan Williams
DescriptionProhibits the use of an amplifying device to photograph a person for a commercial purpose when the person is in a private place. Makes violations a Class A misdemeanor.
Senate Status01/30/2012 - Referred to Senate Judiciary.
House Status01/31/2012 - Referred to House General Subcommittee of Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 20; Title 29; Title 39 and Title 40, relative to privacy.
Citations39-00-0000, 40-00-0000, 20-00-0000, 29-00-0000, 39-13-0600, 39-13-0101, 39-14-0405, 55-10-0205, 39-13-0302, 39-14-0407
SB2941 / HB3479 Storage of firearm in employer's public access parking lot.
CategoryCriminal Law
SponsorsSen. Stacey Campfield / Rep. Joshua G. Evans
DescriptionPermits employees with valid handgun permit to store their gun in employer's parking lot provided the lot is a public access parking lot, firearm is stored in an enclosed compartment, and motor vehicle is locked. Allows employer to prohibit firearms on property if the employer implements reasonable security in parking lots. Allows employer who opts out to be held liable in civil action for any damages resulting from a criminal act in parking lot.
Senate Status01/30/2012 - Referred to Senate Judiciary.
House Status02/01/2012 - Referred to House General Subcommittee of Consumer & Employee Affairs.
CaptionAN ACT to amend Tennessee Code Annotated, Title 39, Chapter 17, Part 13, relative to the storage of firearms in public access parking lots.
Citations39-17-1300
SB2965 / HB3821 Prohibits unauthorized use of governmental seals.
CategoryCriminal Law
SponsorsSen. Jim Tracy / Rep. Linda Elam
DescriptionCreates the "Titled Use of Tennessee's Governmental Seals, Emblems or Insignia Act," which requires the use of the state seal only for official purposes. Prohibits the use of the state seal on or in connection with any advertising, political campaigns, or deceptively to defraud someone. Creates a Class A misdemeanor for any person who violates this section. Creates a Class E felony who anyone who uses the state seal to defraud another person, and creates a Class D felony who anyone who uses a seal from firefighters, law enforcement officers, or any public safety official. Broadly captioned.
Senate Status01/30/2012 - Referred to Senate State & Local Government.
House Status02/09/2012 - Set for House General Subcommittee of State & Local Government 02/15/12.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4; Title 8; Title 12 and Title 39, Chapter 16, relative to the use of government seals, emblems or insignia.
Citations04-00-0000, 12-00-0000, 08-00-0000, 39-16-0500, 39-16-0000
SB2973 / HB3190 Extends time period to retain bill of sale.
CategoryCriminal Law
SponsorsSen. Tim Barnes / Rep. Mike Stewart
DescriptionExtends time period that a timber purchaser must retain the bill of sale from one year to 16 months.
Senate Status01/30/2012 - Referred to Senate Judiciary.
House Status02/01/2012 - Referred to House General Subcommittee of Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 39, relative to criminal offenses.
Citations39-00-0000, 39-14-0410
SB2981 / HB2898 Failure to protect child from severe child abuse.
CategoryCriminal Law
SponsorsSen. Charlotte Burks / Rep. Sherry Jones
DescriptionMakes knowing and not protecting a child from abuse the same as committing the abuse. Broadly captioned.
Senate Status01/30/2012 - Referred to Senate Judiciary.
House Status01/31/2012 - Referred to House General Subcommittee of Children & Family Affairs.
CaptionAN ACT to amend Tennessee Code Annotated, Title 37; Title 39 and Title 40, relative to severe child abuse.
Citations37-00-0000, 39-00-0000, 40-00-0000, 37-01-0102
SB3002 / HB3560 Storing guns in locked, personal vehicles.
CategoryCriminal Law
SponsorsSen. Mike Faulk / Rep. Eddie Bass
DescriptionProhibits any business entity, real property owner, or employer from prohibiting individuals licensed to carry firearms from keeping firearms or ammunition out of sight and securely locked in a privately owned personal vehicle where said vehicle is otherwise permitted to be; including school property. Allows civil action for injuries and damages caused by a violation of this. Broadly captioned.
Senate Status02/09/2012 - Set for Senate Judiciary Committee 02/14/12.
House Status02/01/2012 - Referred to House Consumer & Employee Affairs.
CaptionAN ACT to amend Tennessee Code Annotated, Title 39 and Title 40, relative to location restrictions on firearms.
Citations39-00-0000, 40-00-0000, 39-17-1300, 39-17-1311, 39-17-1309
SB3014 / HB2894 Definition of dependent and neglected child revised.
CategoryCriminal Law
SponsorsSen. Beverly Marrero / Rep. Sherry Jones
DescriptionExpands the definition of dependent and neglected child to include a child who has contracted a sexually transmitted disease.
Senate Status01/30/2012 - Referred to Senate Judiciary.
House Status01/31/2012 - Referred to House General Subcommittee of Children & Family Affairs.
CaptionAN ACT to amend Tennessee Code Annotated, Title 37, Chapter 1, Part 1, relative to expanding the definition of dependent and neglected child with respect to a child having a sexually transmitted disease.
Citations37-01-0100, 37-01-0102
SB3046 / HB3598 Unlawful installation of tracking device by law enforcement.
CategoryCriminal Law
SponsorsSen. Brian K. Kelsey / Rep. Jon Lundberg
DescriptionCreates Class C misdemeanor of a law enforcement officer unlawfully installing a tracking device on a person or object. Establishes a procedure whereby the district attorney can apply to a court for permission to install a tracking device for a specified period for specified offenses.
Senate Status01/30/2012 - Referred to Senate Judiciary.
House Status02/01/2012 - Referred to House General Subcommittee of Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 39, Chapter 13, Part 6 and Title 40, Chapter 6, relative to the tracking of certain motor vehicles.
Citations39-13-0600, 40-06-0000, 40-06-0400
SB3084 / HB3334 Vicarious liability for damages.
CategoryCriminal Law
SponsorsSen. Andy Berke / Rep. Craig Fitzhugh
DescriptionRelative to civil damage awards, noneconomic damages. Removes requirement of separately considering the vicarious liability for noneconomic damages of a defendant from the liability of an agent, employee or representative of the defendant.
Senate Status01/30/2012 - Referred to Senate Judiciary.
House Status02/01/2012 - Referred to House General Subcommittee of Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 29, Chapter 39, relative to remedies.
Citations29-39-0000, 29-39-0102
SB3097 / HB3713 Paying fees for back checks prior to criminal action.
CategoryCriminal Law
SponsorsSen. Mark S. Norris / Rep. Gerald McCormick
DescriptionEstablishes when a person is the victim of a bad check and applies for restitution under the bad check restitution program, the alleged violator must pay the bad check, the $10 application fee, and a new $10 handling fee within ten days, instead of 15 days, after receipt of a letter from the district attorney general requesting payment, or a criminal prosecution may commence.
Senate Status01/30/2012 - Referred to Senate Judiciary.
House Status02/01/2012 - Referred to House Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 40, relative to criminal procedure.
Citations40-00-0000, 40-03-0203
SB3145 / HB3579 Domestic violence reporting and consent provisions revised.
CategoryCriminal Law
SponsorsSen. Charlotte Burks / Rep. Sherry Jones
DescriptionProvides that reporting of injury, except in cases of those caused by deadly weapon upon a domestic violence victim or sexual assault on an adult who does not wish to give consent to give identifying information to law enforcement, may be done on forms that provide location and injury information but not name and address of victim.
Senate Status01/30/2012 - Referred to Senate Health & Welfare.
House Status02/01/2012 - Referred to House Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 36 and Title 38, relative to the reporting of medical treatment under certain circumstances.
Citations36-00-0000, 38-00-0000, 38-01-0101
SB3146 / HB3256 Inpatient psychiatric evaluation of child.
CategoryCriminal Law
SponsorsSen. Beverly Marrero / Rep. Sherry Jones
DescriptionRequires in-home health care provider contracting with department of children's services to petition a court for an inpatient psychiatric evaluation of a child in a situation where a school official has informed the contractor of a child's threat of suicide or intent to harm self or others. Petition should be made after three such threats in one school year. Petition must be made within 24 hours of third threat.
Senate Status01/30/2012 - Referred to Senate Judiciary.
House Status02/01/2012 - Referred to House General Subcommittee of Children & Family Affairs.
CaptionAN ACT to amend Tennessee Code Annotated, Title 33; Title 37 and Title 49, relative to psychiatric evaluations of certain children.
Citations37-00-0000, 49-00-0000, 33-00-0000, 37-05-0100
SB3154 / HB3283 Sexual offender registry revised to give judge options.
CategoryCriminal Law
SponsorsSen. Brian K. Kelsey / Rep. Debra Young Maggart
DescriptionPermits the trial judge, after consideration of facts and circumstances surrounding the case, to require a person convicted of statutory rape for the first time to register as a sexual offender on the sexual offender and violent sexual offender registry.
Senate Status01/30/2012 - Referred to Senate Judiciary.
House Status02/01/2012 - Referred to House General Subcommittee of Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 39, Chapter 13, Part 5 and Title 40, Chapter 39, Part 2, relative to the offense of statutory rape and the sexual offender and violent sexual offender registry.
Citations40-39-0200, 39-13-0506, 40-39-0202, 39-13-0500
SB3422 / HB3171 Expungement of records for felony over 20 years old.
CategoryCriminal Law
SponsorsSen. Beverly Marrero / Rep. Mike Kernell
DescriptionAllows person who is convicted of a nonviolent felony to petition the court for expungement of the public records of such felony after 20 years if the person has not committed any other felonies during that time period, has paid all fines, including restitution, and has met all conditions of supervised or unsupervised release.
Senate Status02/01/2012 - Referred to Senate Judiciary.
House Status02/01/2012 - Referred to House General Subcommittee of Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 40, Chapter 32, relative to the expunction of criminal records after a certain period of time.
Citations40-32-0000, 40-32-0101
SB3423 / HB3151 Misconduct by district attorney general.
CategoryCriminal Law
SponsorsSen. Beverly Marrero / Rep. Mike Kernell
DescriptionCreates a Class E felony offense of a district attorney general knowingly withholding or refusing to provide exculpatory information to a defendant and creates a Class D felony if the defendant is convicted as the result of the violation and would have been acquitted if the evidence had not been withheld.
Senate Status02/01/2012 - Referred to Senate Judiciary.
House Status02/01/2012 - Referred to House General Subcommittee of Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 39, Chapter 16, Part 4, relative to misconduct by certain public officials.
Citations39-16-0400
SB3460 / HB3620 Job applicants recording interviewing session.
CategoryCriminal Law
SponsorsSen. Dolores R. Gresham / Rep. Andy Holt
DescriptionCreates Class B misdemeanor offense for a person to apply for employment with the intent to cause economic damage to the employer by recording while on the premises of the employer and releasing such recordings to a third party. Elevates the offense to a Class A misdemeanor for a second or subsequent violation. Requires all such recordings to be confiscated and, after their use as evidence, destroyed.
Senate Status02/01/2012 - Referred to Senate Commerce, Labor & Agriculture.
House Status02/01/2012 - Referred to House General Subcommittee of Consumer & Employee Affairs.
CaptionAN ACT to amend Tennessee Code Annotated, Title 39; Title 40 and Title 50, relative to employment under false pretense.
Citations39-00-0000, 40-00-0000, 50-00-0000, 39-13-0600
SB3520 / HB2865 Expungement of records - nonviolent offenders.
CategoryCriminal Law
SponsorsSen. Reginald Tate / Rep. Karen D. Camper
DescriptionAllows nonviolent offenders who have fulfilled all requirements of their sentences to seek expungement of their records. Allows the district attorney to submit a recommendation no later than 60 days from the service of petition. Requires the petitioner, if the court denies the petition, to wait until at least two years from the date of denial to reapply. Requires that the court to grant the petition if an eligible petitioner has not had a petition granted after 10 years.
Senate Status02/01/2012 - Referred to Senate Judiciary.
House Status01/31/2012 - Referred to House General Subcommittee of Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 40, Chapter 32, relative to the expunction of certain criminal records.
Citations40-32-0000, 40-32-0101
SB3565 / HB2964 Reciprocal disclosure of witnesses for criminal trials.
CategoryCriminal Law
SponsorsSen. Mike Faulk / Rep. Jim Coley
DescriptionRequires reciprocal disclosure of witnesses for criminal trials, which would require the defendant's attorney, or the defendant if pro se, to disclose in writing to the DA the names of the witnesses that the defendant may summon in the cause. Permits the defendant to testify regardless of whether the defendant's name has been disclosed to the DA.
Senate Status02/01/2012 - Referred to Senate Judiciary.
House Status01/31/2012 - Referred to House General Subcommittee of Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 40, Chapter 17, relative to requiring reciprocal disclosure of witnesses prior to trial.
Citations40-17-0000, 40-17-0106
SB3566 / HB2836 Sentencing guidelines in identity theft cases.
CategoryCriminal Law
SponsorsSen. Mike Faulk / Rep. Bill Sanderson
DescriptionRequires a sentence for identity theft and identity theft tracking to be served consecutively to any other offense committed as a result of the identity thief.
Senate Status02/01/2012 - Referred to Senate Judiciary.
House Status01/25/2012 - Referred to House Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 39, Chapter 14, Part 1, relative to identity theft offenses.
Citations39-14-0100, 39-14-0150
SB3621 / HB2958 Wiretap order in marijuana cases.
CategoryCriminal Law
SponsorsSen. Ken Yager / Rep. Eddie Bass
DescriptionDeletes provision that prohibits wiretaps in an investigation of less than 700 pounds of marijuana.
Senate Status02/01/2012 - Referred to Senate Judiciary.
House Status01/31/2012 - Referred to House General Subcommittee of State & Local Government.
CaptionAN ACT to amend Tennessee Code Annotated, Title 39, Chapter 17, relative to the interception of wire, oral or electronic communications for certain offenses.
Citations39-17-0000, 39-17-0417
SB3625 / HB3038 Assistance of unauthorized access to a service account.
CategoryCriminal Law
SponsorsSen. Bo Watson / Rep. Gerald McCormick
DescriptionCriminalizes the assistance of unauthorized access to a service account and clarifies the criminal act of obtaining services without payment.
Senate Status02/01/2012 - Referred to Senate Judiciary.
House Status02/08/2012 - Taken off notice in House General Subcommittee of Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 39, Chapter 14, relative to theft of services.
Citations39-14-0000, 39-14-0104
SB3631 / HB3097 Illegal conduct involving unions.
CategoryCriminal Law
SponsorsSen. Kerry Roberts / Rep. Joe Carr
DescriptionProhibits the act of seeking to influence a public official on behalf of a public or private organization, corporation, union, agency or other entity's behalf for purposes of an organizing campaign. Also prohibits the act of damaging, harming, injuring or threatening to injure or coerce a business or employee of the business for purposes of intimidation related to a corporate campaign. Provides for treble damages upon proof of adverse affect on health and physical well-being of such person filing a civil action for violation of this section of the law.
Senate Status02/01/2012 - Referred to Senate Judiciary.
House Status02/01/2012 - Referred to House General Subcommittee of Consumer & Employee Affairs.
CaptionAN ACT to amend Tennessee Code Annotated, Title 39, Chapter 12; Title 39, Chapter 14; Title 39, Chapter 16 and Title 39, Chapter 17, relative to disruptive and illegal conduct.
Citations39-14-0000, 39-17-0000, 39-16-0000, 39-12-0000, 39-16-0102, 39-14-0112, 39-17-0309, 39-17-0301, 39-12-0204, 39-12-0206
SB3635 / HB3398 Forfeiture of personal property by sexual offender.
CategoryCriminal Law
SponsorsSen. Kerry Roberts / Rep. Debra Young Maggart
DescriptionStates that if a sexual offender uses real or personal property to violate a provision of the sex offender registry, and the victim was a minor, then the property is subject to forfeiture.
Senate Status02/01/2012 - Referred to Senate Judiciary.
House Status02/01/2012 - Referred to House Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 39, Chapter 13, Part 5, relative to forfeiture of certain property.
Citations39-13-0530, 39-13-0500
HB2214 Interstate Compact for Supervision of Adult Offenders.
CategoryCriminal Law
SponsorsRep. Julia Hurley
DescriptionRemoves Tennessee from the Interstate Compact for Supervision of Adult Offenders.
Senate StatusNone
House Status01/12/2012 - Withdrawn in House.
CaptionAN ACT to repeal Tennessee Code Annotated, Title 40, Chapter 28, Part 4 and Chapter 805 of the Public Acts of 2002, relative to the Interstate Compact for Supervision of Adult Offenders.
Citations40-28-0400
HB2852 Sexual offenders - forfeiture of property.
CategoryCriminal Law
SponsorsRep. Debra Young Maggart
DescriptionAllows any conveyance or real or personal property used while violating a provision of the sexual offender registry to be forfeited.
Senate StatusNone
House Status01/25/2012 - Referred to House Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 39, Chapter 13, Part 5, relative to the forfeiture of certain property.
Citations39-13-0530, 39-13-0500

Economic Development - 1

SB2636 / HB2474 Confidential documents - disclosure.
CategoryEconomic Development
SponsorsSen. Jack Johnson / Rep. Joe Carr
DescriptionRequires the commissioner of ECD to release certain confidential documents within two years instead of five years.
Senate Status01/23/2012 - Referred to Senate Commerce, Labor & Agriculture.
House Status01/24/2012 - Referred to House General Subcommittee of Commerce.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4 and Title 67, Chapter 1, Part 17, relative to transparency in government.
Citations04-00-0000, 67-01-1700, 04-03-0730

Education - 8

SB2135 / HB2748 Equal Opportunity Scholarship Act.
CategoryEducation
SponsorsSen. Brian K. Kelsey / Rep. Bill Dunn
DescriptionRequires all eligible students, as specifically defined, to qualify for an annual education scholarship to attend participating nonpublic schools, and public schools within the school district the child resides. Defines students who are eligible to receive scholarships to include low income students, as specifically defined, who reside in Shelby, Davidson, Hamilton, or Knox County or who are currently enrolled in the achievement school district and who have either attended public school or received a scholarship the preceding semester, or are starting school in Tennessee for the first time. Limits the scholarship amount per student to the lesser of the participating school's annual cost for attendance or the amount received per pupil from state and local sources. Requires public schools with more eligible student applications than spaces to use a random selection process in filling available seats. Vests the state board of education with the power to promulgate rules and procedures regarding the transfer and allocation of scholarship funds, application and approval procedures for eligible students, and the eligibility of nonpublic schools. Requires participating nonpublic schools to meet specified requirements regarding health and safety, financial accountability, student progress reports to parents, and the administration of specified end-of-course or end-of-year examinations. Provides circumstances by which the department of education may bar schools from participating, such as routine failure to comply with the above requirements or the intentional misrepresentation of information. 10 Pgs.
Senate Status01/12/2012 - Referred to Senate Education.
House Status01/25/2012 - Referred to House General Subcommittee of Education.
CaptionAN ACT to amend Tennessee Code Annotated, Title 49, Chapter 6, relative to the Equal Opportunity Scholarship Act.
Citations49-06-0000
SB2483 / HB2234 Final teacher summative evaluation conferences by LEAs.
CategoryEducation
SponsorsSen. Jack Johnson / Rep. Glen Casada
DescriptionRequires LEAs to complete final teacher summative evaluation conferences no later than the last teacher work day of the school year using all data and information available by such time.
Senate Status01/19/2012 - Referred to Senate Education.
House Status01/24/2012 - Referred to House General Subcommittee of Education.
CaptionAN ACT to amend Tennessee Code Annotated, Title 49, Chapter 1, Part 3, relative to teacher evaluation conferences.
Citations49-01-0300, 49-01-0302
SB2639 / HB2303 Tenure for teachers.
CategoryEducation
SponsorsSen. Andy Berke / Rep. Craig Fitzhugh
DescriptionAllows tenure for teachers who are evaluated as "meets expectations," in addition to current requirements of "above expectations" or "significantly above expectations."
Senate Status01/23/2012 - Referred to Senate Education.
House Status01/24/2012 - Referred to House General Subcommittee of Education.
CaptionAN ACT to amend Tennessee Code Annotated, Title 49, Chapter 5, Part 5, relative to teacher eligibility for tenure.
Citations49-05-0503, 49-05-0504, 49-05-0500
SB2689 / HB2704 Use of state funds to pay professional organization dues.
CategoryEducation
SponsorsSen. Joe M. Haynes / Rep. Mike Turner
DescriptionProhibits state funds from being used by an LEA to pay professional organization membership fees or dues.
Senate Status01/25/2012 - Referred to Senate Education.
House Status01/25/2012 - Referred to House General Subcommittee of Education.
CaptionAN ACT to amend Tennessee Code Annotated, Title 49, Chapter 1; Title 49, Chapter 2 and Title 49, Chapter 3, relative to funding of education.
Citations49-02-0000, 49-01-0000, 49-03-0000
SB2694 / HB2299 Inefficiency defined in Teacher Tenure Act.
CategoryEducation
SponsorsSen. Joe M. Haynes / Rep. Craig Fitzhugh
DescriptionDefines "inefficiency," with respect to teacher evaluations, to mean below standards maintained by others who do similar work, or habitually tardy, inaccurate or wanting in effective performance of duties. Includes attaining a performance level below "at expectations" on evaluations for two or more consecutive years, but only after proof of attempts to improve the teacher's quality of instruction, attendance, or other performance problems through assistance or intervention.
Senate Status01/26/2012 - Referred to Senate Education.
House Status01/24/2012 - Referred to House General Subcommittee of Education.
CaptionAN ACT to amend Tennessee Code Annotated, Title 49, Chapter 5, Part 5, relative to the definition of "inefficiency" in the Teachers' Tenure Act.
Citations49-05-0501, 49-05-0500
SB3012 / HB2304 Collaborative conferencing on certain payroll deductions.
CategoryEducation
SponsorsSen. Beverly Marrero / Rep. Craig Fitzhugh
DescriptionRemoves prohibition on collaborative conferencing concerning political activity payroll deductions for an LEA and its employees.
Fiscal NoteDated: January 17, 2012 Not significant.
Senate Status01/30/2012 - Referred to Senate Education.
House Status01/24/2012 - Referred to House General Subcommittee of Education.
CaptionAN ACT to amend Tennessee Code Annotated, Title 49, Chapter 5, Part 6, relative to the Professional Educators Collaborative Conferencing Act of 2011.
Citations49-05-0602, 49-05-0600, 49-05-0608
SB3060 / HB3266 Protection of first amendment rights in schools.
CategoryEducation
SponsorsSen. Jim Summerville / Rep. Phillip Johnson
DescriptionProhibits local education agencies, administrative personnel, and instructional personnel from taking affirmative action, including entering into an agreement that infringes upon or waives the rights or freedoms afforded to school personnel and students under the First Amendment to the Constitution of the United States, without the written consent of the impacted individuals.
Senate Status01/30/2012 - Referred to Senate Education.
House Status02/09/2012 - Set for House General Subcommittee of Education 02/15/12.
CaptionAN ACT to amend Tennessee Code Annotated, Title 49, relative to protection of first amendment rights in schools.
Citations49-00-0000, 49-06-2900
SB3640 / HB2789 Student conduct on school buses.
CategoryEducation
SponsorsSen. Kerry Roberts / Rep. Michael Ray McDonald
DescriptionExpands those who are allowed to suspend children for assaulting them with language to include a school bus driver or other school personnel. Authorizes school bus drivers to hold students accountable for disorderly conduct on the bus and report it to the principal. Authorizes a teacher, principal, school employee, or bus driver to use reasonable force when necessary to correct or restrain a student or prevent bodily harm or death. Allows such force to be a defense against a civil action for damages. Broadly captioned.
Senate Status02/01/2012 - Referred to Senate Education.
House Status02/09/2012 - Set for House General Subcommittee of Education 02/15/12.
CaptionAN ACT to amend Tennessee Code Annotated, Title 37; Title 39 and Title 49, relative to student discipline.
Citations37-00-0000, 39-00-0000, 49-00-0000, 49-06-4100, 49-06-3401, 49-06-4016, 49-06-4013, 49-06-4102

Energy & Mining - 1

SB3453 / HB3199 Responsible Coal Operators Act of 2012.
CategoryEnergy & Mining
SponsorsSen. Steve Southerland / Rep. David B. Hawk
DescriptionEnacts the "Responsible Coal Operators Act of 2012." Authorizes the commissioner of environment and conservation to refuse to issue or renew a permit issued for activities related to the surface mining of coal under the Water Quality Control Act for, including, but not limited to, patterns of violation of such act, conviction of a felony environmental criminal offense within three years prior to application, and conviction of violation of RICO statutes.
Senate Status02/01/2012 - Referred to Senate Energy & Environment.
House Status02/01/2012 - Referred to House General Subcommittee of Conservation & Environment.
CaptionAN ACT to amend Tennessee Code Annotated, Title 59 and Title 69, relative to coal mining.
Citations69-00-0000, 59-00-0000, 69-03-0108

Environment & Nature - 4

SB2211 / HB2349 Alteration of aquatic resources in waters - permits.
CategoryEnvironment & Nature
SponsorsSen. Mark S. Norris / Rep. Gerald McCormick
DescriptionSpecifies that, in issuing an individual or a general permit for an activity that will cause alteration of aquatic resources in waters of Tennessee, the commissioner of environment and conservation must impose conditions to avoid or minimize the impacts to waters and to provide mitigation for those impacts that cannot be avoided. Specifies that such mitigation may be accomplished through mitigation banks and in lieu fee programs as well as on-site or off-site mitigation by the permittee. Defines an "in lieu fee program" as a program through which mitigation is accomplished for a permittee's impacts to waters through payments to a governmental or non-profit organization who uses the funds to restore or enhance wetlands or streams at one or more locations off the site of permitted impacts in accordance with a plan approved by an interagency review team. A "mitigation bank" is a specific location approved by an interagency review team to restore or enhance a wetland or a stream in which some or all of the funds for it are obtained as a result of conditions in an aquatic resource alteration permit; in appropriate circumstances a mitigation bank may also include some areas of preservation or creation of a stream or wetland. In authorizing mitigation to offset impacts, the commissioner will consider factors relevant to the goal of no net loss, including but not limited to likelihood of success and proximity to the watershed in which the permitted impacts occur. (Part of Administration Package 2012)
AmendmentHouse General Subcommittee of Conservation & Environment amendment 1 (01255532) defines "In lieu fee" in section 1 , deletes the definition of "Mitigation bank" in section 1, adds "language immediately preceding" to section 2 after the words "following new" at the beginning of the section and changes the word "may" to "shall" after the words "the commissioner" in the first sentence of section 2.
Senate Status02/09/2012 - Set for Senate Energy and Environment Committee 02/15/12.
House Status02/09/2012 - Set for House Conservation & Environment Committee 02/15/12.
CaptionAN ACT to amend Tennessee Code Annotated, Title 69, Chapter 3, Part 1, relative to water quality.
Citations69-03-0108, 69-03-0100, 69-03-0103
SB2249 / HB2387 Reorganization of governmental agencies and other entities.
CategoryEnvironment & Nature
SponsorsSen. Mark S. Norris / Rep. Gerald McCormick
DescriptionRevises various provisions governing the structure of certain state agencies, committees, boards and commissions. Decreases from 17 to 12 the size of the board of directors for the Duck River Development Agency. Authorizes the commissioner of environment and conservation to appoint an executive director to carry out the purposes of the Tennessee Heritage Conservation Trust Fund Act of 2005. (Part of Administration Package 2012)
Senate Status01/13/2012 - Referred to Senate Government Operations.
House Status01/13/2012 - Referred to House Government Operations.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4; Title 11; Title 16; Title 37; Title 38; Title 41; Title 49; Title 60; Title 62; Title 63; Title 64; Title 68; Title 69 and Title 71, relative to the restructuring of state agencies, committees, and boards and commissions.
Citations37-00-0000, 68-00-0000, 49-00-0000, 04-00-0000, 41-00-0000, 38-00-0000, 71-00-0000, 69-00-0000, 68-211-0111, 69-03-0104, 04-24-0000, 63-00-0000, 62-00-0000, 60-00-0000, 11-00-0000, 64-00-0000, 16-00-0000, 62-11-0106, 04-24-0104, 71-02-0105, 71-02-0104, 11-07-0000, 49-07-0205, 68-215-0103, 68-215-0112, 60-01-0201, 37-05-0305, 71-02-0107, 38-08-0102, 60-01-0103, 64-01-0602, 41-07-0102, 41-07-0106, 41-07-0105, 62-45-0103, 63-18-0000, 37-03-0104, 62-01-0105, 04-20-0103, 49-11-0000, 49-11-0203, 11-02-0000, 11-07-0105, 60-01-0101, 60-01-0202, 68-211-0841, 69-07-0309, 04-24-0107, 62-35-0137, 38-08-0203, 41-11-0100, 16-03-0908, 60-01-0104
SB2403 / HB2294 Hunting licenses for persons intellectually disabled.
CategoryEnvironment & Nature
SponsorsSen. Randy McNally / Rep. Cameron Sexton
DescriptionAuthorizes the issuance of hunting licenses to persons who are ten years old or older and who are intellectually disabled, subject to their attending a hunter education course. Also requires such person to hunt in the presence of persons who are 25 years old or older and who are hunter-education-certified and licensed to hunt.
AmendmentHouse Conservation & Environment amendment 1, (01292432) changes wording in subdivision 3 of section 1 to say "persons with intellectual disabilities who reside in this state and who are over the age of ten years" and rewrites section 2 to say "person issued the license is a person of intellectual disabilities" instead of " person is intellectually disabled".
Senate Status02/09/2012 - Set for Senate Energy and Environment Committee 02/15/12.
House Status02/09/2012 - Set for House Government Operations Committee 02/15/12.
CaptionAN ACT to amend Tennessee Code Annotated, Title 70, Chapter 2, Part 1, relative to hunting licenses for intellectually disabled persons.
Citations70-02-0100, 70-02-0104
SB2753 / HB3029 Solid Waste Planning Act of 2012.
CategoryEnvironment & Nature
SponsorsSen. Steve Southerland / Rep. David B. Hawk
DescriptionCreates the "Solid Waste Planning Act of 2012," which would divert waste from landfills in order to manage waste and create jobs. Requires a board, when considering any proposed rule or regulation concerning solid waste, to evaluate how to manage solid waste as a raw material to create jobs through compositing, recycling, and re-use. Requires the board to evaluate recycling for different classes of waste. Allows universities to provide information and research to the board and the general assembly on diversion of solid waste.
Senate Status02/08/2012 - Senate Environment, Conservation & Tourism deferred to 02/15/12.
House Status01/31/2012 - Referred to House General Subcommittee of Conservation & Environment.
CaptionAN ACT to amend Tennessee Code Annotated, Title 68, Chapter 211, relative to solid waste disposal.
Citations68-211-0111, 68-211-0803, 68-211-0000, 68-211-0102, 68-211-0806

Estates & Trusts - 3

SB2519 / HB2648 Right of respondent to petition for conservator appointment.
CategoryEstates & Trusts
SponsorsSen. Mae Beavers / Rep. Gary Odom
DescriptionSpecifies rights of respondent in petition for appointment of a conservator.
Senate Status02/07/2012 - Senate Judiciary deferred to 2/14/2012.
House Status01/25/2012 - Referred to House General Subcommittee of Children & Family Affairs.
CaptionAN ACT to amend Tennessee Code Annotated, Title 30, Chapter 3; Title 33; Title 34 and Title 71, relative to conservatorships.
Citations71-00-0000, 34-00-0000, 33-00-0000, 30-03-0000, 34-01-0107, 34-01-0108, 34-01-0114, 34-01-0126, 34-03-0108, 34-03-0100
SB2702 / HB2937 Securities - payable on death to designated beneficiary.
CategoryEstates & Trusts
SponsorsSen. Mike Bell / Rep. Cameron Sexton
DescriptionAllows securities or investment accounts held by bank trust departments to have a payable on death designated beneficiary.
Senate Status02/09/2012 - Set for Senate Floor 02/13/12.
House Status02/09/2012 - Set for House Commerce Committee 02/14/12.
CaptionAN ACT to amend Tennessee Code Annotated, Title 35, Chapter 12, relative to the Uniform Transfer on Death Security Registration Act.
Citations35-12-0000, 35-12-0102
SB3639 / HB2791 Amount of surviving spouse's elective share.
CategoryEstates & Trusts
SponsorsSen. Kerry Roberts / Rep. Michael Ray McDonald
DescriptionReduces a surviving spouse's elective share by the value of assets that the decedent transferred to the spouse within six months before death.
Senate Status02/01/2012 - Referred to Senate Judiciary.
House Status01/25/2012 - Referred to House General Subcommittee of Finance.
CaptionAN ACT to amend Tennessee Code Annotated, Title 30; Title 31; Title 32; Title 35 and Title 36, relative to elective share.
Citations36-00-0000, 35-00-0000, 31-00-0000, 30-00-0000, 32-00-0000, 31-04-0101

Family Law - 13

SB2163 / HB2451 Modification of child custody decree of parent in military.
CategoryFamily Law
SponsorsSen. Stacey Campfield / Rep. G.A. Hardaway
DescriptionDeletes language in current law stating that a court may modify a decree of child custody or visitation in the event that a parent volunteers for permanent military duty as a career choice.
Fiscal NoteDated: January 24, 2012 Not significant.
Senate Status01/12/2012 - Referred to Senate Judiciary.
House Status01/24/2012 - Referred to House General Subcommittee of Children & Family Affairs.
CaptionAN ACT to amend Tennessee Code Annotated, Section 36-6-113, relative to custody of children by parents in the armed forces.
Citations36-06-0113
SB2200 / HB2338 Rules revised for placement of child outside of parent.
CategoryFamily Law
SponsorsSen. Mark S. Norris / Rep. Gerald McCormick
DescriptionSpecifies that it would be grounds to initiate the termination of parental or guardianship rights if the child has been placed outside of the care, custody, or control of the child's parent or guardian by a court order for six months and the parent or guardian knows or should know of the court-ordered placement, yet fails to resolve the existing conditions that prevent the child's safe placement with the parent or guardian.(Part of Administration Package 2012)
Senate Status01/13/2012 - Referred to Senate Judiciary.
House Status01/18/2012 - Referred to House General Subcommittee of Children & Family Affairs.
CaptionAN ACT to amend Tennessee Code Annotated, Section 36-1-113, relative to termination of parental rights.
Citations36-01-0113
SB2489 / HB2620 Considerations in making custody determinations.
CategoryFamily Law
SponsorsSen. Mike Bell / Rep. John Forgety
DescriptionEnacts "Luke's Law." Adds that the court is required to consider two more factors when deciding a custody arrangement: the likelihood of each parent to honor and facilitate court-approved parenting rights and whether a parent has a history of willfully denying the other parent's right to parenting time in accordance with a court order.
Amendment House General Subcommittee of Children & Family Affairs amendment 1 (012473865) rewrites the bill by deleting sections 1 and 2 entirely and substituting instead the language : in determining the willingness of each parent and caregivers to facilitate and encourage a close and continuing parent-child relationship, court shall consider past history to honor and facilitate court order parenting arrangements and rights, and the court shall further consider any history of either parent or caregivers denying parenting time to either parent in violation of a court order.
Senate Status01/19/2012 - Referred to Senate Judiciary.
House Status02/09/2012 - Set for House Children & Family Affairs Committee 02/15/12.
CaptionAN ACT to amend Tennessee Code Annotated, Title 24, Chapter 7 and Title 36, Chapter 6, relative to child custody.
Citations36-06-0000, 24-07-0000, 36-06-0106
SB2512 / HB2667 Parenting plans to incorporate a residential schedule.
CategoryFamily Law
SponsorsSen. Mike Bell / Rep. Jeremy Faison
DescriptionRequires a parenting plan to list the percentage of residential time the child spends with each parent.
Senate Status01/19/2012 - Referred to Senate Judiciary.
House Status02/09/2012 - Set for House General Subcommittee of Children & Family Affairs 02/14/12.
CaptionAN ACT to amend Tennessee Code Annotated, Title 36 and Title 71, relative to parenting plans.
Citations36-00-0000, 36-06-0400, 71-00-0000, 36-06-0404
SB2569 / HB2744 Child support arrearages.
CategoryFamily Law
SponsorsSen. Tim Barnes / Rep. Joe Pitts
DescriptionRequires the department of human services to attach a lien to any award of criminal injuries compensation of a recipient who is arrears with regards to child support payments in order to satisfy such arrearage.
Senate Status02/09/2012 - Set for Senate Judiciary Committee 02/14/12.
House Status02/09/2012 - Set for House Children & Family Affairs Committee 02/15/12.
CaptionAN ACT to amend Tennessee Code Annotated, Title 29, Chapter 13, relative to a lien attached to the criminal injuries compensation funds for child support arrearage.
Citations29-13-0000, 29-13-0111
SB2844 / HB2188 New active duty term to be used in child visitation statute.
CategoryFamily Law
SponsorsSen. Tim Barnes / Rep. Curtis G. Johnson
DescriptionSubstitutes the term "active duty military service" for "active duty service in the armed forces" to be used in statutes regarding visitation rights of biological or legal relatives with a child whose parent is out of state and on active duty. Defines "armed forces" as it is to be used in the relevant statute.
Fiscal NoteDated: January 10, 2012 Not significant.
Senate Status01/26/2012 - Referred to Senate Judiciary.
House Status01/24/2012 - Referred to House General Subcommittee of Children & Family Affairs.
CaptionAN ACT to amend Tennessee Code Annotated, Title 36, relative to parents in the armed forces.
Citations36-00-0000, 36-06-0308
SB2957 / HB3071 Training for guardians ad litem.
CategoryFamily Law
SponsorsSen. Tim Barnes / Rep. John J. Deberry Jr.
DescriptionSpecifies that training for guardians ad litem include training in early childhood, child and adolescent development
Senate Status02/09/2012 - Set for Senate Judiciary Committee 02/14/12.
House Status02/09/2012 - Set for House General Subcommittee of Children & Family Affairs 02/14/12.
CaptionAN ACT to amend Tennessee Code Annotated, Section 37-1-149; Section 37-2-409 and Section 37-1-129, relative to proceedings in juvenile courts.
Citations37-02-0409, 37-01-0129, 37-01-0149
SB3033 / HB2897 Adoption - preference to relative over foster parent.
CategoryFamily Law
SponsorsSen. Beverly Marrero / Rep. Sherry Jones
DescriptionGrants a relative of a child first preference in the adoption process, provided they have a substantial relationship. Broadly captioned.
Senate Status01/30/2012 - Referred to Senate Judiciary.
House Status01/31/2012 - Referred to House General Subcommittee of Children & Family Affairs.
CaptionAN ACT to amend Tennessee Code Annotated, Title 36, Chapter 1 and Title 37, relative to adoption preferences.
Citations37-00-0000, 36-01-0000, 36-01-0115
SB3035 / HB2901 Enhancing financial penalty violating order of protection.
CategoryFamily Law
SponsorsSen. Beverly Marrero / Rep. Sherry Jones
DescriptionIncreases financial penalty for violations of an order of protection from $50 to not less than $150 and not more than $500. Requires the judge to asses a civil penalty of not less than $500 and not more than $1,000 for any persons violating an order of protection for a second or subsequent time. Broadly captioned.
Senate Status01/30/2012 - Referred to Senate Judiciary.
House Status01/31/2012 - Referred to House General Subcommittee of Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 36; Title 39 and Title 40, relative to violation of orders of protection.
Citations36-00-0000, 39-00-0000, 40-00-0000, 36-03-0610
SB3402 / HB3577 Reports of physical child abuse.
CategoryFamily Law
SponsorsSen. Dolores R. Gresham / Rep. Sherry Jones
DescriptionRequires reports of physical child abuse be investigated by a child protective services investigator who is trained in investigating physical abuse or be referred to a child advocacy center. Prohibits such investigation from being performed by a probation officer previously assigned to the child.
Senate Status02/01/2012 - Referred to Senate Judiciary.
House Status02/01/2012 - Referred to House Children & Family Affairs.
CaptionAN ACT to amend Tennessee Code Annotated, Title 37, relative to reports of abuse.
Citations37-00-0000, 37-01-0406
SB3466 / HB3511 Biological father to recover child support.
CategoryFamily Law
SponsorsSen. Reginald Tate / Rep. G.A. Hardaway
DescriptionClarifies that a person who is proven not to be the biological father of a minor child by genetic testing and is relieved by a court the duty to pay child support for such child has a civil cause of action against a biological father who has a legally imposed duty of support for the same child for recovery of the sums paid.
Senate Status02/01/2012 - Referred to Senate Judiciary.
House Status02/01/2012 - Referred to House Children & Family Affairs.
CaptionAN ACT to amend Tennessee Code Annotated, Section 36-2-309, relative to child support.
Citations36-02-0309
SB3493 / HB2251 Recovery of child support when man is not biological father.
CategoryFamily Law
SponsorsSen. Reginald Tate / Rep. G.A. Hardaway
DescriptionGives a person who has been proven not to be the biological father of a minor child a civil cause of action against the child's biological father in order to recover child support actually paid, including court costs and any discretionary costs that may be allowed by the court.
Fiscal NoteDated: January 14, 2012 Not significant.
Senate Status02/01/2012 - Referred to Senate Judiciary.
House Status01/24/2012 - Referred to House General Subcommittee of Children & Family Affairs.
CaptionAN ACT to amend Tennessee Code Annotated, Section 24-7-112; Title 36, Chapter 2 and Title 36, Chapter 5, relative to recovery of child support.
Citations36-05-0000, 24-07-0112, 36-02-0309, 36-02-0000
SB3638 / HB2790 Grandparent may file petition opposing relocation of child.
CategoryFamily Law
SponsorsSen. Kerry Roberts / Rep. Michael Ray McDonald
DescriptionGives grandparents with visitation rights, who have filed a petition in opposition of child relocation, standing to petition the court for custody. Allows the court to award custody to the grandparent after consideration of various defined factors. Broadly captioned.
Senate Status02/01/2012 - Referred to Senate Judiciary.
House Status01/25/2012 - Referred to House Children & Family Affairs.
CaptionAN ACT to amend Tennessee Code Annotated, Title 16 and Title 36, relative to grandparent rights.
Citations36-00-0000, 16-00-0000, 36-06-0108

Government Contracts - 1

SB2381 / HB2499 Violations of Fair Labor Standards Act.
CategoryGovernment Contracts
SponsorsSen. Andy Berke / Rep. Gary W. Moore Sr.
DescriptionProhibits persons who violate the Fair Labor Standards Act from contracting with the state for the provision of good or services.
Senate Status01/18/2012 - Referred to Senate State & Local Government.
House Status01/24/2012 - Referred to House General Subcommittee of State & Local Government.
CaptionAN ACT to amend Tennessee Code Annotated, Title 12, Chapter 4, relative to public contracts.
Citations12-04-0000, 12-04-0100

Government Organization - 17

SB2318 / HB2527 Advisory council on workers compensation - sunset.
CategoryGovernment Organization
SponsorsSen. Mike Bell / Rep. Jim Cobb
DescriptionExtends the advisory council on workers' compensation on June 30, 2014.
Fiscal NoteDated: January 23, 2012 Not significant.
Senate Status01/13/2012 - Referred to Senate Government Operations.
House Status02/09/2012 - Set for House Consent 02/13/12.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4, Chapter 29 and Title 50, Chapter 6, Part 1, relative to the advisory council on workers' compensation.
Citations50-06-0100, 04-29-0235, 04-29-0000, 04-29-0233
SB2346 / HB2536 Judicial nominating commission - sunset.
CategoryGovernment Organization
SponsorsSen. Mike Bell / Rep. Jim Cobb
DescriptionSunsets the judicial nominating commission on June 30, 2013 Chapter 29 and Title 17, Chapter 4.
Fiscal NoteDated: January 30, 2012 Not significant.
Senate Status01/13/2012 - Referred to Senate Government Operations.
House Status01/18/2012 - Referred to House Government Operations.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4, Chapter 29 and Title 17, Chapter 4, relative to the judicial nominating commission.
Citations04-29-0000, 17-04-0000, 04-29-0233, 05-29-0234
SB2473 / HB2480 Office of legislative affairs repealed.
CategoryGovernment Organization
SponsorsSen. Stacey Campfield / Rep. Ryan A. Haynes
DescriptionRepeals the office of legislative affairs in Knox County.
Senate Status01/19/2012 - Local bill held on Senate clerk's desk.
House Status02/09/2012 - Set for House Consent 02/13/12.
CaptionAN ACT to repeal Chapter 64 of the Private Acts of 1971, relative to Office of Legislative Affairs for Knox County.
Citations
SB2474 / HB2611 Notice - government operations sunset hearings.
CategoryGovernment Organization
SponsorsSen. Mike Bell / Rep. Jim Cobb
DescriptionReduces public notice period for government operations committee sunset hearings published in newspaper of general circulation from ten days to six days.
Fiscal NoteDated: January 17, 2012 Not significant.
Senate Status01/19/2012 - Referred to Senate State & Local Government.
House Status02/08/2012 - Taken off notice in House General Subcommittee of State & Local Government.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4, Chapter 29, relative to the Tennessee Governmental Entity Review Law.
Citations04-29-0000, 04-29-0104
SB2475 / HB2610 Notice of government operations committee sunset hearings.
CategoryGovernment Organization
SponsorsSen. Mike Bell / Rep. Jim Cobb
DescriptionRequires notice of government operations committee sunset hearings to be posted on the division of state audit's website rather than such notice being published in newspapers of general circulation, which is the current law requirement. Requires notice on website to be listed at least once every 90 days.
Senate Status01/19/2012 - Referred to Senate State & Local Government.
House Status02/01/2012 - Withdrawn in House.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4, Chapter 29, relative to the Tennessee Governmental Entity Review Law.
Citations04-29-0000, 04-29-0104
SB2631 / HB2623 Compliance with open meetings laws.
CategoryGovernment Organization
SponsorsSen. Jack Johnson / Rep. Charles M. Sargent
DescriptionDecreases the amount of time from 30 to 20 days after receipt that the office of open records counsel must report a decision back to a governing body on whether its plan to begin using a forum to allow electronic communication by its members complies with open meeting laws.
Senate Status01/23/2012 - Referred to Senate State & Local Government.
House Status01/24/2012 - Referred to House General Subcommittee of State & Local Government.
CaptionAN ACT to amend Tennessee Code Annotated, Title 8, Chapter 44, relative to open meetings.
Citations08-44-0000, 08-44-0109
SB2677 / HB3735 Open meetings requirements.
CategoryGovernment Organization
SponsorsSen. Mae Beavers / Rep. Mark Pody
DescriptionClarifies that a governing body shall not hold a series of gatherings with less than the required number of members present where the purpose of the gatherings is to avoid compliance with the law.
Senate Status01/26/2012 - Referred to Senate State & Local Government.
House Status02/02/2012 - Referred to House State & Local Government.
CaptionAN ACT to amend Tennessee Code Annotated, Title 8, Chapter 44, relative to open meetings.
Citations08-44-0000, 08-44-0102
SB2947 / HB2298 Term limits for general assembly members.
CategoryGovernment Organization
SponsorsSen. Mike Faulk / Rep. Bill W. Harmon
DescriptionLimits terms for members of the house of representatives to 12 years and limits terms for members of the senate to 12 years.
Senate Status01/30/2012 - Referred to Senate State & Local Government.
House Status01/24/2012 - Referred to House General Subcommittee of State & Local Government.
CaptionAN ACT to amend Tennessee Code Annotated, Title 3, Chapter 1, Part 1, relative to term limits for members of the general assembly.
Citations03-01-0100
SB3096 / HB3712 Appointments to the criminal justice coordinating council.
CategoryGovernment Organization
SponsorsSen. Mark S. Norris / Rep. Gerald McCormick
DescriptionRequires the appointments made by the speaker of the house and the speaker of the senate to the Tennessee criminal justice coordinating council to be from the respective state and local government committee of each house. Broadly captioned.
Senate Status01/30/2012 - Referred to Senate State & Local Government.
House Status02/01/2012 - Referred to House State & Local Government.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4 and Title 41.
Citations04-00-0000, 41-00-0000, 41-52-0102
SB3181 / HB3450 Uniform Administrative Procedures Act - hearings procedure.
CategoryGovernment Organization
SponsorsSen. Mike Bell / Rep. Eric Watson
DescriptionExpands notice requirement for contested case hearings, from reasonable notice to 30 days notice. Prohibits appeal of order of continuance in hearings until order permitting appeal is issued. Authorizes petition for attorney's fees and costs by persons in contested case hearings.
Senate Status01/30/2012 - Referred to Senate Government Operations.
House Status02/01/2012 - Referred to House Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4, Chapter 5, relative to the Uniform Administrative Procedures Act.
Citations04-05-0000, 04-05-0307, 04-05-0300, 04-05-0306, 04-05-0325
SB3304 / HB3692 Annual joint meeting of judiciary committees.
CategoryGovernment Organization
SponsorsSen. Lowe Finney / Rep. Mike Stewart
DescriptionState Summary: As introduced, requires that the executive director of the district attorneys general conference and the director of the TBI appear annually before a joint committee meeting of the house and senate judiciary committees to report on the quality and quantity of the respective prosecutorial and investigative resources and any recommendations for improvement; requires the house and senate judiciary committees to invite the chief justice of the Tennessee supreme court to annually deliver a state of the judiciary address to a joint meeting of those committees. - Amends TCA Title 8; Title 38; Title 39; Title 40; Title 53 and Title 67.
Senate Status02/01/2012 - Referred to Senate Judiciary.
House Status02/01/2012 - Referred to House Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 8; Title 38; Title 39; Title 40; Title 53 and Title 67, relative to law enforcement.
Citations67-00-0000, 39-00-0000, 40-00-0000, 53-00-0000, 38-00-0000, 08-00-0000, 08-07-0309, 38-06-0101
SB3307 / HB3726 Annual joint meeting of Judiciary committee.
CategoryGovernment Organization
SponsorsSen. Lowe Finney / Rep. Mike Stewart
DescriptionState Summary: As introduced, requires that the executive director of the district attorneys general conference and the director of the TBI appear annually before a joint committee meeting of the house and senate judiciary committees to report on the quality and quantity of the respective prosecutorial and investigative resources and any recommendations for improvement; requires the house and senate judiciary committees to invite the chief justice of the Tennessee supreme court to annually deliver a state of the judiciary address to a joint meeting of those committees. - Amends TCA Title 8; Title 38; Title 39; Title 40; Title 53 and Title 67.
Senate Status02/01/2012 - Referred to Senate Judiciary.
House Status02/01/2012 - Referred to House Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 8; Title 38; Title 39; Title 40; Title 53 and Title 67, relative to law enforcement of drug laws.
Citations67-00-0000, 39-00-0000, 40-00-0000, 53-00-0000, 38-00-0000, 08-00-0000, 08-07-0309, 38-06-0101
SB3384 / HB3543 Sunsets Tennessee board of court reporting.
CategoryGovernment Organization
SponsorsSen. Mike Bell / Rep. Jim Cobb
DescriptionState Summary: As introduced, extends the Tennessee board of court reporting, June 30, 2014. - Amends TCA Title 4, Chapter 29 and Title 20, Chapter 9, Part 6.
Senate Status02/01/2012 - Referred to Senate Government Operations.
House Status02/01/2012 - Referred to House Government Operations.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4, Chapter 29 and Title 20, Chapter 9, Part 6, relative to the Tennessee board of court reporting.
Citations04-29-0232, 04-29-0235, 04-29-0000, 20-09-0600
SB3435 / HB3493 Joint committee to study administrative process in state.
CategoryGovernment Organization
SponsorsSen. Mike Bell / Rep. Vance Dennis
DescriptionCreates a special joint committee to conduct a comprehensive study of the administrative process in Tennessee, including the Uniform Administrative Procedures Act. Requires the committee to report its recommendations to the 108th general assembly no later than December 1, 2012, at which time the committee shall cease to exist.
Senate Status02/01/2012 - Referred to Senate Delayed Bills Committee.
House Status02/01/2012 - Referred to House State & Local Government.
CaptionAN ACT to create a special joint committee for the purpose of conducting a comprehensive study of the administrative process in this state.
Citations
SB3436 / HB3492 Reviews of initial orders in contested case hearings.
CategoryGovernment Organization
SponsorsSen. Mike Bell / Rep. Vance Dennis
DescriptionState Summary: As introduced, requires all reviews of initial orders in contested case hearings be conducted by administrative judges within the administrative procedures division of the office of the secretary of state. - Amends TCA Title 4.
Senate Status02/01/2012 - Referred to Senate Government Operations.
House Status02/01/2012 - Referred to House Judiciary. House Government Operations will review if recommended.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4, relative to the Uniform Administrative Procedures Act.
Citations04-00-0000, 04-05-0315, 04-05-0300, 04-05-0316, 04-05-0318
SB3516 / HB3025 Gift prohibitions for legislators.
CategoryGovernment Organization
SponsorsSen. Reginald Tate / Rep. Phillip Johnson
DescriptionAllows entertainment, food, refreshments, meals, or beverages, that are provided with an in-state event to which invitations were extended to an entire standing committee, are exempt from the prohibit gifts provision. Requires the invitation to be sent out seven days in advance and sent to the ethics commission, and that the lobbyist or employer, within 30 days following the event, report to the commission the total cost paid for the event and the per person cost. Requires the per person cost not to exceed the $50 limit required by law.
Senate Status02/01/2012 - Referred to Senate State & Local Government.
House Status01/31/2012 - Referred to House General Subcommittee of State & Local Government.
CaptionAN ACT to amend Tennessee Code Annotated, Title 3, Chapter 6, relative to gifts.
Citations03-06-0000, 03-06-0305
SB3667 / HB2301 Influence Disclosure Act.
CategoryGovernment Organization
SponsorsSen. James F. Kyle Jr. / Rep. Craig Fitzhugh
DescriptionCreates the "Influence Disclosure Act," which requires model bills filed by members to be accompanied by a form created by the chief clerk that states the bill is a model bill and identifying the organization that bill originated from. Requires completed forms to be available on the general assembly's web site.
Fiscal NoteDated: January 25, 2012 Not significant.
Senate Status02/01/2012 - Referred to Senate State & Local Government.
House Status01/24/2012 - Referred to House General Subcommittee of State & Local Government.
CaptionAN ACT to amend Tennessee Code Annotated, Title 3, Chapter 2, relative to the "Influence Disclosure Act".
Citations03-02-0000, 03-02-0100

Government Regulation - 8

SB2272 / HB3099 Drug testing for TANF applicants and recipients.
CategoryGovernment Regulation
SponsorsSen. Jim Tracy / Rep. Joey Hensley
DescriptionRequires suspicion-based urine drug tests of TANF applicants and recipients. Notice of tests provided at time of application. Individuals who test positive for controlled substances are ineligible for TANF benefits for one year. Those who fail a second test are ineligible for three years after the second test. Those testing positive receive a list of substance abuse treatment providers and may reapply after six months upon successful completion of a program. Dependent child's eligibility for benefits not affected. Broadly captioned.
Senate Status01/13/2012 - Referred to Senate Health & Welfare.
House Status02/01/2012 - Referred to House General Subcommittee of Health & Human Resources.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4; Title 50 and Title 71, relative to drug screenings of recipients of certain assistance.
Citations04-00-0000, 71-00-0000, 50-00-0000, 71-03-0154, 71-03-0100
SB2442 / HB2585 Notification requirement for registry of election finance.
CategoryGovernment Regulation
SponsorsSen. Lowe Finney / Rep. Craig Fitzhugh
DescriptionRequires the registry of election finance to notify each member of the general assembly by sending notices to the member's email addresses, in addition to their home and legislative address.
Fiscal NoteDated: January 18, 2012 Not significant.
Senate Status01/18/2012 - Referred to Senate State & Local Government.
House Status01/25/2012 - Referred to House General Subcommittee of State & Local Government.
CaptionAN ACT to amend Tennessee Code Annotated, Title 2, Chapter 10, relative to campaign finance.
Citations02-10-0000, 02-10-0206
SB2725 / HB3065 Tennessee Civil Rights Initiative Act.
CategoryGovernment Regulation
SponsorsSen. Jim Summerville / Rep. John Ragan
DescriptionEnacts "Tennessee Civil Rights Initiative Act." Prohibits the state, including all entities of the state that derive authority from the state, from discriminating or granting preferential treatment to any individual or group based on sex, race, color, ethnicity, or national origin in the operation of all aspects of public employment, education, or contracting.
Senate Status01/26/2012 - Referred to Senate State & Local Government.
House Status01/31/2012 - Referred to House State & Local Government.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4, Chapter 21, to enact the "Tennessee Civil Rights Initiative Act" relative to discrimination and preferences in government.
Citations04-21-0100, 04-21-0000
SB3015 / HB3147 Waiver from photo on EBT cards.
CategoryGovernment Regulation
SponsorsSen. Mae Beavers / Rep. Mark Pody
DescriptionRequires DHS commissioner to seek a waiver from the United States Department of Agriculture to allow this state to include cardholder's photos on every EBT card issued pursuant to the food stamp program, by September 1, 2012. Requires DHS to provide cost estimates and implementation suggestions by January 1, 2013 to house and senate committees.
Senate Status01/30/2012 - Referred to Senate Health & Welfare.
House Status02/01/2012 - Referred to House General Subcommittee of Health & Human Resources.
CaptionAN ACT to amend Tennessee Code Annotated, Title 71, Chapter 5, Part 3, relative to food stamps.
Citations71-05-0300
SB3042 / HB3315 Confidentiality of public records clarified.
CategoryGovernment Regulation
SponsorsSen. Randy McNally / Rep. Charles M. Sargent
DescriptionClarifies that all state, county and municipal records shall be open for personal inspection by any citizen of this state during business hours, unless otherwise provided by state law, defined as the statutes, rules, and case law of this state.
Senate Status01/30/2012 - Referred to Senate State & Local Government.
House Status02/01/2012 - Referred to House General Subcommittee of State & Local Government.
CaptionAN ACT to amend Tennessee Code Annotated, Title 10, Chapter 7, Part 5, relative to public records.
Citations10-07-0500, 10-07-0503
SB3509 / HB3252 Recipients of federal assistance must show photo ID.
CategoryGovernment Regulation
SponsorsSen. Reginald Tate / Rep. Brenda Gilmore
DescriptionRequires recipients of federal assistance or benefits administered by DHS, department of finance and administration, or any other state or local government agency to present a specified photo ID in order to receive or access such benefits.
Senate Status02/01/2012 - Referred to Senate Health & Welfare.
House Status02/01/2012 - Referred to House General Subcommittee of Health & Human Resources.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4 and Title 71, relative to requiring the presenting of a photographic identification by any individual seeking to receive or access any federal assistance benefit in this state.
Citations04-00-0000, 71-00-0000, 71-01-0100
SB3607 / HB3331 The Tennessee Land Use Review Act.
CategoryGovernment Regulation
SponsorsSen. Joe M. Haynes / Rep. Phillip Johnson
DescriptionState Summary: As introduced, enacts the "Tennessee Land Use Review Act." - Amends TCA Title 5; Title 6; Title 7; Title 8; Title 13; Title 27; Title 29 and Title 68.
Senate Status02/01/2012 - Referred to Senate Judiciary.
House Status02/01/2012 - Referred to House General Subcommittee of Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 5; Title 6; Title 7; Title 8; Title 13; Title 27; Title 29 and Title 68, relative to land use.
Citations07-00-0000, 68-00-0000, 05-00-0000, 06-00-0000, 13-00-0000, 27-00-0000, 08-00-0000, 29-00-0000, 13-07-0409
HB3433 General Assembly Ethics Course.
CategoryGovernment Regulation
SponsorsRep. Harry J. Tindell
DescriptionState Summary: As introduced, requires members of the general assembly to attend ethics course in every odd-numbered year; allows lobbyists to attend ethics course every other year; allows ethics manuals and guides to be distributed electronically. - Amends TCA Title 3, Chapter 6, Part 1.
Senate StatusNone
House Status02/01/2012 - Referred to House State & Local Government.
CaptionAN ACT to amend Tennessee Code Annotated, Title 3, Chapter 6, Part 1, relative to ethics courses and training.
Citations03-06-0100, 03-06-0114, 03-06-0113

Health Care - 11

SB2191 / HB2745 Prescribing of drugs by pain management clinics.
CategoryHealth Care
SponsorsSen. Steve Southerland / Rep. David B. Hawk
DescriptionLimits pain management clinics and their providers in giving or prescribing opioids, benzodiazepine, barbiturates, or carisoprodol, but not including suboxone. Dosage cannot exceed the manufacturer's recommended dosage over a 30-day period.
Fiscal NoteDated: January 29, 2012 Not significant.
Senate Status01/13/2012 - Referred to Senate Health & Welfare Committee.
House Status01/25/2012 - Referred to House General Subcommittee of Health & Human Resources.
CaptionAN ACT to amend Tennessee Code Annotated, Title 39; Title 53; Title 63 and Title 68, relative to pain management clinics.
Citations68-00-0000, 39-00-0000, 53-00-0000, 63-00-0000, 63-01-0300
SB2203 / HB2341 Adopts 2010 ADA Standards for Accessible Design.
CategoryHealth Care
SponsorsSen. Mark S. Norris / Rep. Gerald McCormick
DescriptionRequires that minimum specifications for public buildings constructed, enlarged, or substantially altered or repaired be in compliance with the 2010 Americans with Disabilities Act (ADA) Standards for Accessible Design, rather than the Uniform Federal Accessibility Standards or the ADA Accessibility Guidelines. (Part of Administration Package 2012.)
Senate Status02/06/2012 - Senate passed.
House Status02/09/2012 - House passed.
Executive Status02/09/2012 - Sent to the speakers for signatures.
CaptionAN ACT to amend Tennessee Code Annotated, Section 68-120-204(a)(1), relative to adoption of 2010 ADA Standards for Accessible Design.
Citations68-120-0204
SB2226 / HB2364 State admissions review committee - developmental centers.
CategoryHealth Care
SponsorsSen. Mark S. Norris / Rep. Gerald McCormick
DescriptionRevises various provisions of present law regarding admission to developmental centers. Replaces the admission committees and admission review boards of each developmental center with a single statewide admission review committee. Clarifies that admission to the center may include eligible persons with intellectual or developmental disabilities, instead of just developmental disabilities. Present law regarding admission to developmental centers details various powers and duties of the chief officer of a developmental center. This bill specifies that such powers and duties would instead apply to "the chief officer or director of the developmental center, or the appointed designee of the developmental center". Under present law, if the chief officer determines that a person no longer meets the standards under which the person was admitted to the center, then the chief officer must discharge the person. This bill revises this provision to instead specify that a person would be discharged from the center if the chief officer, director or designee and the statewide admission review committee determine that the person no longer meets the standards under which the person was admitted. (Part of Administration Package 2012)
AmendmentHouse Health & Human Resources amendment 1 (01183003) changes the effective date to "upon becoming law". House Health & Human Resources amendment 2 (01203118) makes technical changes to sections 3, 4 and 7 of the original bill, changing the format of the sections but preserving the language in the original bill.
Senate Status02/09/2012 - Set for Senate Government Operations Committee 02/15/12.
House Status02/09/2012 - Set for House Government Operations Committee 02/15/12.
CaptionAN ACT to amend Tennessee Code Annotated, Title 33, relative to a statewide admissions review committee for admissions to developmental centers for persons with intellectual or developmental disabilities.
Citations33-00-0000, 33-05-0301, 33-05-0302, 33-05-0304, 33-05-0303
SB2227 / HB2365 Do not resuscitate orders.
CategoryHealth Care
SponsorsSen. Mark S. Norris / Rep. Gerald McCormick
DescriptionAuthorizes the department of intellectual and developmental disabilities to allow certain unlicensed individuals to follow universal do not resuscitate orders that are made available to them in a form approved by the board for licensing health care facilities. This bill would apply to those unlicensed individuals who provide direct support and care to persons supported and who are employed by agencies that are licensed under state law and under contract to provide residential or adult day programs and personal assistance or who provide direct support and care to persons supported within the ICF/ID homes and department facilities. Defines "unlicensed individuals who provide direct care and support to persons supported" as the unlicensed individuals, including their unlicensed direct care and support supervisors, who are employed to provide direct care and support to persons supported within the department of intellectual and developmental disabilities ICF/ID homes and facilities or by agencies that are licensed under state law and under contract with the department. (Part of Administration Package 2012)
AmendmentHouse amendment 1 (01183603) changes the effective date to "upon becoming law". House amendment 2 (01200918) corrects typographical errors, changing the alignment of sections.
Senate Status01/13/2012 - Referred to Senate Health & Welfare.
House Status02/09/2012 - House passed with amendments 1 and 2. House amendment 1 (01183603) changes the effective date to "upon becoming law". House amendment 2 (01200918) corrects typographical errors, changing the alignment of sections.
CaptionAN ACT to amend Tennessee Code Annotated, Title 68, relative to unlicensed individuals of the department of intellectual and developmental disabilities following universal do not resuscitate orders.
Citations68-00-0000, 68-11-0224
SB2240 / HB2378 Medicaid false claims revisions.
CategoryHealth Care
SponsorsSen. Mark S. Norris / Rep. Gerald McCormick
DescriptionRevises various provisions of the Medicaid False Claims Act. Specifies that an action for medicaid fraud may be brought against any person who: (1) Knowingly presents, or causes to be presented, a false or fraudulent claim for payment or approval under the medicaid program; (2) Knowingly makes, uses, or causes to be made or used, a false record or statement material to a false or fraudulent claim to get a false or fraudulent claim under the medicaid program paid for or approved; (3) Conspires to commit a violation of (1), (2), or (4); or (4) Knowingly makes, uses, or causes to be made or used, a false record or statement material to an obligation to pay or transmit money, or property to the state, or knowingly conceals, or knowingly and improperly, avoids, or decreases an obligation to pay or transmit money or property to the state, relative to the medicaid program. Also specifies that the amount of the civil penalty described above for a violation of medicaid fraud would be adjusted by the Federal Civil Penalties Inflation Adjustment Act. Requires that the court dismiss an action or claim for medicaid fraud, unless opposed by the state, if substantially the same allegations or transactions as alleged in the action or claim were publicly disclosed in a criminal, civil, or administrative hearing in which the state or its agent is a party; in a state legislative, state comptroller, or other state report, hearing, audit, or investigation; or from the news media, unless the action is brought by the attorney general or district attorney general or the person bringing the action is an original source of the information. Defines "original source" as a person who either prior to such a public disclosure has voluntarily disclosed to the state the information on which allegations or transactions in a claim are based or who has knowledge that is independent of and materially adds to the publicly disclosed allegations or transactions, and who has voluntarily provided the information to the state before filing the action. Specifies that if the state elects to intervene and proceed with an action for medicaid fraud brought by a person other than the attorney general, then the state may file its own complaint, or amend the complaint of the person who had brought the action, to clarify or add detail to the claims in which the state is intervening and to add any additional claims with respect to which the state contends it is entitled to relief. (Part of Administration Package 2012)
AmendmentHouse Health & Human Resources amendment 1 (01173218) increases, from $10,000 to $25,000, the amount of actual damages that the Bureau of TennCare may seek through an administrative proceeding. House Health & Human Resources amendment 2 (01201318) makes technical corrections to the directory language of section 4.
Senate Status01/13/2012 - Referred to Senate Health & Welfare.
House Status02/09/2012 - Set for House Finance, Ways & Means Committee 02/14/12.
CaptionAN ACT to amend Tennessee Code Annotated, Title 71, Chapter 5, relative to the Medicaid False Claims Act.
Citations71-05-0000, 71-05-0182, 71-05-0183, 71-05-0184
SB2414 / HB2574 Requires suspension of doctor with federal drug indictment.
CategoryHealth Care
SponsorsSen. Randy McNally / Rep. Bill Dunn
DescriptionAuthorizes the commissioner of health or the practitioner's licensing board to suspend on an emergency basis the license of a practitioner who is under state or federal indictment involving sale or dispensing controlled substances.
Senate Status01/18/2012 - Referred to Senate Health & Welfare Committee.
House Status02/08/2012 - Referred to House General Subcommittee of Health & Human Resources.
CaptionAN ACT to amend Tennessee Code Annotated, Title 63, relative to suspension of certain licenses.
Citations63-00-0000, 63-01-0100
SB2480 / HB2215 Jaclyn's Law.
CategoryHealth Care
SponsorsSen. Jack Johnson / Rep. Glen Casada
DescriptionProvides immunity from civil or criminal liability for first responders who use forcible entry to enter premises to render emergency medical assistance. Specifies that first responder to a 911 call must make reasonable efforts to summon occupant and have a good faith belief that it is necessary to make a forcible entry for purposes of rendering medical assistance or preventing bodily harm. Enacts "Jaclyn's Law."
AmendmentHouse Judiciary amendment 1 (01285466) removes references to providing immunity for criminal liability to first responders.
Senate Status01/19/2012 - Referred to Senate Judiciary.
House Status02/09/2012 - Set for House Calendar & Rules Committee 02/14/12.
CaptionAN ACT to amend Tennessee Code Annotated, Title 7, Chapter 86; Title 29; Title 63, Chapter 6 and Title 68, Chapter 140, relative to immunity in responding to emergency calls.
Citations07-86-0000, 29-00-0000, 29-34-0200, 68-140-0000, 63-06-0000
SB2750 / HB3317 Nursing homes - independent dispute resolution program.
CategoryHealth Care
SponsorsSen. Mike Bell / Rep. Vance Dennis
DescriptionEstablishes an Independent Formal Dispute Resolution Program for nursing homes, as required by the federal Patient Protection and Affordable Care Act. Directs the program to have three independent members, and explains the qualifications required of each member.
Senate Status01/26/2012 - Referred to Senate Government Operations.
House Status02/01/2012 - Referred to House General Subcommittee of Health & Human Resources.
CaptionAN ACT to amend Tennessee Code Annotated, Title 68, Chapter 11, Part 2, relative to independent informal dispute resolution for nursing homes.
Citations68-11-0200
SB2775 / HB3149 Prohibits forcing a hospital to violate religious beliefs.
CategoryHealth Care
SponsorsSen. Randy McNally / Rep. Bill Dunn
DescriptionProhibits an individual from coercing, compelling, or forcing a hospital to violate any individual's religious beliefs or religious freedom. Creates Class A misdemeanor for violations of this. Asserts individuals have the right to abstain from medical treatment for religious reasons.
Senate Status01/26/2012 - Referred to Senate Health & Welfare.
House Status02/01/2012 - Referred to House General Subcommittee of Health & Human Resources.
CaptionAN ACT to amend Tennessee Code Annotated, Title 68, Chapter 11, relative to religious liberty rights of hospital patients.
Citations68-11-0000, 68-11-0200
SB3182 / HB2563 Medically acceptable contraception deleted in state policy.
CategoryHealth Care
SponsorsSen. Mike Bell / Rep. Cameron Sexton
DescriptionEliminates state policy requirements to provide all medically acceptable contraception measures and replaces it with requirement to provide all appropriate contraceptive measures. Eliminates language prohibiting the state and its agencies to place restrictions on contraceptive procedures, supplies, and information. Broadly captioned.
Senate Status01/30/2012 - Referred to Senate Health & Welfare.
House Status01/24/2012 - Referred to House General Subcommittee of Health & Human Resources.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4; Title 68 and Title 71, relative to contraceptive procedures.
Citations68-00-0000, 04-00-0000, 71-00-0000, 68-34-0103, 68-34-0104
SB3546 / HB3764 Threats of suicide create duty to warn and report.
CategoryHealth Care
SponsorsSen. Rusty Crowe / Rep. Matthew Hill
DescriptionCreates a duty for any person who has knowledge of another individual's threat to commit suicide to inform such threat to at least one of the following entities: law enforcement authorities, adult protective services staff or children's protective services staff, the individual's licensed mental health or health care provider, or the individual's parent, guardian or adult family member if the individual is a minor. Such duty is subject to confidentiality.
Senate Status02/01/2012 - Referred to Senate Health & Welfare.
House Status02/02/2012 - Referred to House Health & Human Resources.
CaptionAN ACT to amend Tennessee Code Annotated, Title 33 and Title 39, relative to a duty to warn in instances of threats of suicide.
Citations39-00-0000, 33-00-0000

Insurance General - 6

SB2554 / HB2283 Unclaimed Life Insurance Benefits Act.
CategoryInsurance General
SponsorsSen. Bill Ketron / Rep. Charles Curtiss
DescriptionEnacts the "Unclaimed Life Insurance Benefits Act." Requires an insurer to perform a comparison of its insureds' in-force life insurance policies and retained asset accounts against a death master file, on at least a quarterly basis, using criteria reasonably designed to identify potential matches of its insureds. For potential matches identified as a result of the comparison, requires insurers to complete a good faith effort to confirm the death of the insured against other available information and determine whether benefits are due. Permits the insurer to disclose minimum necessary personal information about the insured or beneficiary to a person who the insurer reasonably believes may be able to assist the insurer locate the beneficiary or a person entitled to payment of the claims proceeds. Prohibits an insurer from charging insureds, account holders, or beneficiaries for any fees or costs associated with a search or verification conducted pursuant to this bill.
Senate Status01/23/2012 - Referred to Senate Commerce, Labor & Agriculture.
House Status02/01/2012 - Taken off notice in House General Subcommittee of Commerce.
CaptionAN ACT to amend Tennessee Code Annotated, Title 56 and Title 66, Chapter 29, to enact the "Unclaimed Life Insurance Benefits Act".
Citations56-00-0000, 66-29-0000, 56-03-0900
SB2596 / HB3112 Filings by commercial risk insurers.
CategoryInsurance General
SponsorsSen. Bill Ketron / Rep. Charles Curtiss
DescriptionExempts certain insurers of commercial risk insurance from filing with the commissioner of commerce and insurance all rates, supplementary rate information, policy forms and endorsements. Requires such insurers to place a written disclaimer of such exemption in the policy or application.
Senate Status01/23/2012 - Referred to Senate Commerce, Labor & Agriculture.
House Status02/01/2012 - Referred to House General Subcommittee of Commerce.
CaptionAN ACT to amend Tennessee Code Annotated, Title 56, Chapter 5, relative to insurance rates and rating organizations.
Citations56-05-0000, 56-05-0306
SB2597 / HB3113 Permitting preference or distinction in certain policies.
CategoryInsurance General
SponsorsSen. Bill Ketron / Rep. Charles Curtiss
DescriptionAuthorizes an insurer to make, offer, or permit a preference or distinction in certain insurance policies based on membership in certain groups that are actuarially justified and not excessive, inadequate or unfairly discriminatory. Authorizes the commissioner of commerce and insurance to examine such insurers for compliance.
Fiscal NoteDated: January 27, 2012 Not significant.
Senate Status01/23/2012 - Referred to Senate Commerce, Labor & Agriculture.
House Status02/01/2012 - Referred to House General Subcommittee of Commerce.
CaptionAN ACT to amend Tennessee Code Annotated, Section 56-5-315 and Title 56, Chapter 8, relative to unfair trade practices in the business of insurance.
Citations56-08-0000, 56-08-0104, 56-05-0315
SB2940 / HB3588 Preferences for certain insurance policy holders.
CategoryInsurance General
SponsorsSen. Mark S. Norris / Rep. Linda Elam
DescriptionDeletes provisions in current law that prohibits insurance companies from making or offering to make a preference or distinction in property, marine, casualty, or surety insurance as to form or policy, certificate, premium, rate, benefits, or conditions of insurance, based upon membership, nonmembership, or employment of any person by or in certain groups.
Senate Status01/30/2012 - Referred to Senate Commerce, Labor & Agriculture.
House Status02/09/2012 - Set for House General Subcommittee of Commerce 02/15/12.
CaptionAN ACT to amend Tennessee Code Annotated, Title 56, Chapter 8, Part 1, relative to insurance.
Citations56-08-0104, 56-08-0100
SB3352 / HB3278 Schedule of rates for title insurance.
CategoryInsurance General
SponsorsSen. Bill Ketron / Rep. Charles M. Sargent
DescriptionProvides that commissioner of commerce and insurance does not supervise title insurance fees for searches in counties with populations less than 175,000 instead of the current 275,000.
Senate Status02/01/2012 - Referred to Senate Commerce, Labor & Agriculture.
House Status02/01/2012 - Referred to House General Subcommittee of Commerce.
CaptionAN ACT to amend Tennessee Code Annotated, Section 56-35-129, relative to title search and examination.
Citations56-35-0129
SB3589 / HB3781 Charitable gift annuities.
CategoryInsurance General
SponsorsSen. Reginald Tate / Rep. James O. Naifeh
DescriptionAllows a charitable organization to calculate reserves using the Annuity 2000 Mortality Table and other interest assumption, or other mortality table. Allows organization to maintain a separate Tennessee account. Allows the commissioner to designate a later time for the organization to submit an audited report.
Senate Status02/01/2012 - Referred to Senate Commerce, Labor & Agriculture.
House Status02/09/2012 - Set for House General Subcommittee of Commerce 02/15/12.
CaptionAN ACT to amend Tennessee Code Annotated, Title 56, Chapter 52, relative to charitable gift annuities.
Citations56-52-0000, 56-52-0104, 56-52-0106

Insurance Health - 4

SB2634 / HB2497 Health insurance offered in other states permitted in TN.
CategoryInsurance Health
SponsorsSen. Jack Johnson / Rep. Glen Casada
DescriptionAllows insurers authorized to sell insurance in Tennessee to issue individual accident and sickness policies in Tennessee that are currently approved for issuance in another state. Specifies that "individual accident and sickness policy" includes comprehensive major medical coverage for medical and surgical benefits, and also includes "high deductible health plans" sold or maintained under Section 223 of the Internal Revenue Code.
Senate Status01/23/2012 - Referred to Senate Commerce, Labor & Agriculture.
House Status01/13/2012 - Introduced in the House
CaptionAN ACT to amend Tennessee Code Annotated, Title 56, relative to individual health insurance coverage.
Citations56-00-0000, 56-07-0000
SB3668 / HB2320 Termination of health insurance for dependent children.
CategoryInsurance Health
SponsorsSen. James F. Kyle Jr. / Rep. Craig Fitzhugh
DescriptionRevises limiting age for termination of health insurance coverage for dependents from 24 years of age to 26 years of age.
Senate Status02/01/2012 - Referred to Senate Commerce, Labor & Agriculture.
House Status01/24/2012 - Referred to House General Subcommittee of Commerce.
CaptionAN ACT to amend Tennessee Code Annotated, Title 56, Chapter 7, relative to dependent children.
Citations56-07-0000, 56-07-2302
SB3669 / HB2300 Preexisting condition exclusions.
CategoryInsurance Health
SponsorsSen. James F. Kyle Jr. / Rep. Craig Fitzhugh
DescriptionRevises various state statutes concerning preexisting condition exclusions to be consistent with federal law.
Senate Status02/01/2012 - Referred to Senate Commerce, Labor & Agriculture.
House Status01/22/2012 - Referred to House General Subcommittee of Commerce.
CaptionAN ACT to amend Tennessee Code Annotated, Title 56, relative to preexisting condition exclusions.
Citations56-00-0000, 56-07-1453, 56-07-2203, 56-07-2209, 56-07-2317, 56-07-2802, 56-07-2803, 56-07-2809, 56-07-2910, 56-07-3007, 56-42-0105, 56-07-2908
HB2839 State operation of health care insurance exchange.
CategoryInsurance Health
SponsorsRep. Charles M. Sargent
DescriptionDesignates the department of finance and administration as the state agency for the implementation of Public Law 111-148, the federal Patient Protection and Affordable Care Act.
Senate StatusNone
House Status02/01/2012 - Withdrawn in House.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4; Title 56 and Title 71, relative to the administration of state activities and policies relating to certain federal laws.
Citations04-00-0000, 56-00-0000, 71-00-0000, 04-03-1000

Judiciary - 40

SB2140 / HB2809 Express language required to create statutory duty or action
CategoryJudiciary
SponsorsSen. Brian K. Kelsey / Rep. Vance Dennis
DescriptionProvides that no statutory private right of action or affirmative duty of care is created unless a statute contains express language creating the right or duty. Prohibits state courts, licensing boards and administrative agencies from interpreting actions or affirmative duties to exist without such express language unless based in common law and no other controlling statute exists.
AmendmentSenate Judiciary amendment 1 (01265166) clarifies in section (c) that nothing in this section shall be construed in any way to impair the ability of a court to (1) Create or confer a private right of action or impose an affirmative duty in the absence of a controlling statute "on each cause of action contained in the complaint" if such action or duty is based on the common law or (2) Impute negligence or unlawful conduct to a party based upon the party's violation of a statute.
Senate Status02/09/2012 - Set for Senate Judiciary Committee 02/14/12.
House Status01/25/2012 - Referred to House Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 1, Chapter 3, Part 1, relative to the construction of certain statutes.
Citations01-03-0100
SB2186 / HB2504 Competency of a criminal defendant.
CategoryJudiciary
SponsorsSen. Doug Overbey / Rep. Vance Dennis
DescriptionCreates new procedure to determine whether a criminal defendant is competent to stand trial or to determine the defendant's mental capacity at the time of the crime. Before ordering outpatient evaluation, the court must hear testimony on whether the defendant poses a substantial likelihood of serious harm in an outpatient situation. If likelihood exists, court shall order the defendant hospitalized for evaluation.
Senate Status01/13/2012 - Referred to Senate Judiciary.
House Status01/24/2012 - Referred to House General Subcommittee of Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 33, Chapter 7, Part 3, relative to criminal defendants believed to be incompetent to stand trial.
Citations33-07-0301, 33-07-0300
SB2344 / HB2528 Tennessee court of the judiciary - sunset.
CategoryJudiciary
SponsorsSen. Mike Bell / Rep. Jim Cobb
DescriptionExtends the Tennessee court of the judiciary on June 30, 2013.
Fiscal NoteDated: January 30, 2012 Not significant.
Senate Status01/13/2012 - Referred to Senate Government Operations.
House Status01/18/2012 - Referred to House Government Operations.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4, Chapter 29 and Title 17, Chapter 5, Part 2, relative to the Tennessee court of the judiciary.
Citations04-29-0000, 04-29-0234, 04-29-0233, 17-05-0200
SB2345 / HB2537 Judicial performance evaluation commission - sunset.
CategoryJudiciary
SponsorsSen. Mike Bell / Rep. Jim Cobb
DescriptionExtends the judicial performance evaluation commission until June 30, 2013.
Fiscal NoteDated: January 30, 2012 Not significant.
Senate Status01/13/2012 - Referred to Senate Government Operations.
House Status01/18/2012 - Referred to House Government Operations.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4, Chapter 29 and Title 17, Chapter 4, Part 2, relative to the judicial performance evaluation commission.
Citations04-29-0000, 04-29-0234, 04-29-0233, 17-04-0200
SB2348 Jurisdiction of the courts.
CategoryJudiciary
SponsorsSen. Mae Beavers
DescriptionRemoves the supreme court, circuit, criminal, and chancery court from jurisdiction to determine the constitutionality of a statue properly enacted by the general assembly.
Senate Status01/23/2012 - Withdrawn in Senate.
House StatusNone
CaptionAN ACT to amend Tennessee Code Annotated, Title 4, Chapter 5 and Title 16, relative to the jurisdiction of the courts.
Citations04-05-0000, 16-00-0000, 16-03-0201, 16-10-0101, 04-05-0225
SB2389 / HB2419 Recording of grand jury proceedings.
CategoryJudiciary
SponsorsSen. Mike Bell / Rep. Eric Watson
DescriptionRequires all grand jury proceedings, except when investigative grand juries are deliberating or voting, to be recorded by tape, wire, or stenograph. Records will be sealed.
Senate Status01/18/2012 - Referred to Senate Judiciary.
House Status02/09/2012 - Set for House General Subcommittee of Judiciary 02/15/12.
CaptionAN ACT to amend Tennessee Code Annotated, Title 16; Title 39 and Title 40, relative to grand jury proceedings.
Citations39-00-0000, 40-00-0000, 16-00-0000, 40-12-0100, 40-12-0208, 40-12-0209
SB2398 / HB2456 Senior psychological examiner added to conservatorship exam.
CategoryJudiciary
SponsorsSen. Joe M. Haynes / Rep. Jim Gotto
DescriptionAuthorizes a senior psychological examiner to provide an examination and sworn report to a court concerning conservatorship. Each report must contain the respondent's medical history, provided it does not go beyond the examiner's scope of practice. Broadly captioned.
Senate Status01/18/2012 - Referred to Senate Judiciary.
House Status02/09/2012 - Set for House Children & Family Affairs Committee 02/15/12.
CaptionAN ACT to amend Tennessee Code Annotated, Title 34 and Title 63, relative to conservatorship.
Citations63-00-0000, 34-00-0000, 34-03-0104, 34-03-0105
SB2428 / HB3672 Creates 13 assistant district attorney positions.
CategoryJudiciary
SponsorsSen. Randy McNally / Rep. Gerald McCormick
DescriptionCreates 13 additional assistant district attorney positions across the state and requires that the district attorneys general conference prepare a report for the speakers and the chairs of the judiciary committees recommending districts in which positions should be designated.
Senate Status01/18/2012 - Referred to Senate Judiciary.
House Status02/01/2012 - Referred to House General Subcommittee of Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 8 and Title 16, Chapter 2, relative to public employees.
Citations08-00-0000, 16-02-0500, 16-02-0000
SB2528 / HB2813 Physician assistants - exempt from subpoena in civil action.
CategoryJudiciary
SponsorsSen. Tim Barnes / Rep. Janis Baird Sontany
DescriptionAdds physician assistants to list of medical professionals who are exempt from subpoena to trial in a civil action but who are subject to subpoena to a deposition.
Senate Status02/09/2012 - Set for Senate Judiciary Committee 02/14/12.
House Status01/25/2012 - Referred to House Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Section 24-9-101, relative to physician assistants.
Citations24-09-0101
SB2567 / HB2820 Disagreement with jury about the weight of the evidence.
CategoryJudiciary
SponsorsSen. Randy McNally / Rep. Bill Dunn
DescriptionSpecifies if the jury returns a verdict of guilty in a criminal case, the trial court does not have the authority to set aside the guilty verdict or grant a new trial because it disagrees with the jury about the weight of the evidence.
Senate Status01/23/2012 - Referred to Senate Judiciary.
House Status01/25/2012 - Referred to House General Subcommittee of Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 40, Chapter 18, relative to verdicts in criminal cases.
Citations40-18-0000, 40-18-0100
SB2586 / HB2942 Liability for litigation costs.
CategoryJudiciary
SponsorsSen. Stacey Campfield / Rep. Vance Dennis
DescriptionRequires a plaintiff receiving in a judgment less than 80 percent of the settlement amount offered in a lawsuit or a defendant owing a judgment more than 80 percent of the settlement amount offered in a lawsuit prior to trial to pay certain litigation expenses of the opposing party. Urges the state supreme court to expedite the hearing of appeals under $100,000.
Senate Status01/23/2012 - Referred to Senate Judiciary.
House Status01/31/2012 - Referred to House General Subcommittee of Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 25, relative to offers of judgment.
Citations25-00-0000
SB2619 / HB2441 Final judgments of forfeiture issued by the court.
CategoryJudiciary
SponsorsSen. Mike Faulk / Rep. Vince Dean
DescriptionEliminates the 72-hour time period restriction to determine whether or not the surrender of a defendant was for good cause in cases where a surrender is based on a condition or final judgment of forfeiture issued by the court having jurisdiction over the defendant.
Senate Status02/09/2012 - Set for Senate Judiciary Committee 02/14/12.
House Status01/24/2012 - Referred to House General Subcommittee of Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Section 40-11-137, relative to surrendering defendants.
Citations40-11-0137
SB2624 / HB2773 Continuing education for court reporters.
CategoryJudiciary
SponsorsSen. Rusty Crowe / Rep. Dale Ford
DescriptionExempts court reporters aged 55 years or older who have been licensed for at least five years from continuing education credit requirements as a condition for license renewal.
Senate Status01/23/2012 - Referred to Senate Commerce, Labor & Agriculture.
House Status01/23/2012 - Referred to House Commerce.
CaptionAN ACT to amend Tennessee Code Annotated, Title 20, Chapter 9, Part 6, relative to continuing education for court reporters.
Citations20-09-0612, 20-09-0600
SB2637 / HB3125 Punitive damages in a civil action.
CategoryJudiciary
SponsorsSen. Jack Johnson / Rep. Vance Dennis
DescriptionAuthorizes the award of punitive damages in a civil action against a defendant based on vicarious liability under certain circumstances.
Senate Status01/23/2012 - Referred to Senate Judiciary.
House Status02/01/2012 - Referred to House General Subcommittee of Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 29, relative to punitive damages.
Citations29-00-0000, 29-39-0104
SB2638 / HB3124 Motions to dismiss.
CategoryJudiciary
SponsorsSen. Jack Johnson / Rep. Vance Dennis
DescriptionRemoves judicial discretion to apportion costs and permits recovery of certain litigation costs by the successful party on motions to dismiss.
Senate Status01/23/2012 - Referred to Senate Judiciary.
House Status02/01/2012 - Referred to House General Subcommittee of Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 20; Title 25; Title 27 and Title 29, relative to motions to dismiss.
Citations27-00-0000, 20-00-0000, 29-00-0000, 25-00-0000, 20-12-0119
SB2664 / HB2781 Suit for trespass.
CategoryJudiciary
SponsorsSen. Joe M. Haynes / Rep. Mike Stewart
DescriptionAuthorizes an action for trespass to be brought in any court of general jurisdiction in county where trespass occurred or where the trespasser resides. Broadly captioned.
Senate Status01/25/2012 - Referred to Senate Judiciary.
House Status01/25/2012 - Referred to House Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 29 and Title 66, relative to trespass.
Citations66-00-0000, 29-00-0000, 29-36-0000
SB2666 / HB2821 Hearing regarding abatement of nuisance.
CategoryJudiciary
SponsorsSen. Rusty Crowe / Rep. Jon Lundberg
DescriptionIncreases from five to seven days the notice required to a defendant prior to a hearing regarding abatement of a nuisance.
Fiscal NoteDated: January 25, 2012 Not significant.
Senate Status01/25/2012 - Referred to Senate Judiciary.
House Status01/25/2012 - Referred to House Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 23 and Title 29, relative to maintaining certain causes of action.
Citations23-00-0000, 29-00-0000, 29-03-0106
SB2671 / HB2935 Terminates court of judiciary.
CategoryJudiciary
SponsorsSen. Mike Faulk / Rep. Vance Dennis
DescriptionTerminates the court of the judiciary on July 1, 2012 and replaces it with a 16-person board of judicial conduct and changes the burden of proof to investigate a judge to probable cause that misconduct occurred from significant likelihood that it did.
Fiscal NoteDated: January 28, 2012 Not significant.
Senate Status02/09/2012 - Set for Senate Judiciary Committee 02/14/12.
House Status02/09/2012 - Set for House General Subcommittee of Judiciary 02/15/12.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4, Chapter 29 and Title 17, Chapter 5, relative to the court of the judiciary.
Citations04-29-0236, 04-29-0000, 17-05-0000, 17-05-0200, 17-05-0304, 17-05-0201
SB2686 / HB3051 Court clerks' fees.
CategoryJudiciary
SponsorsSen. Brian K. Kelsey / Rep. Barrett Rich
DescriptionAllows a court clerk to charge a one time subscription fee of $120 for a registered user of the electronic filing system. Allows a court clerk to charge up to $.08 a copy but not total more than $2.10.
Senate Status01/25/2012 - Referred to Senate State & Local Government.
House Status01/31/2012 - Referred to House General Subcommittee of State & Local Government.
CaptionAN ACT to amend Tennessee Code Annotated, Section 8-21-401, relative to court clerks' fees.
Citations08-21-0401
SB2706 / HB2980 Offer of Settlement Act.
CategoryJudiciary
SponsorsSen. Brian K. Kelsey / Rep. Vance Dennis
DescriptionRequires a party to a lawsuit to pay the opposing side's attorneys' fees and costs if he or she rejects a settlement offer that later turns out to be better than the verdict. Applies to a plaintiff who rejects a defendant's offer when the subsequent judgment is worth less than 75 percent of the offer. Applies to a defendant who rejects a plaintiff's offer when the subsequent judgment for the plaintiff is worth more than 125 percent of the offer. Establishes standards and deadlines for making, accepting, and withdrawing offers.
Senate Status01/26/2012 - Referred to Senate Judiciary.
House Status01/31/2012 - Referred to House General Subcommittee of Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 20, relative to settlement offers.
Citations20-00-0000
SB2769 / HB3055 Collection of criminal court fines, costs.
CategoryJudiciary
SponsorsSen. Tim Barnes / Rep. Curtis G. Johnson
DescriptionAllows the collection of criminal court fines, costs, and litigation taxes in same manner as civil debt. Broadly captioned.
Senate Status01/26/2012 - Referred to Senate Judiciary.
House Status01/31/2012 - Referred to House General Subcommittee of Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 20 and Title 40, relative to monies owed to courts.
Citations40-00-0000, 20-00-0000, 40-24-0105
SB2794 / HB3452 Applicants to fill an appellate court vacancy.
CategoryJudiciary
SponsorsSen. Mike Faulk / Rep. Eric Watson
DescriptionEstablishes judicial selection commission as the successor to the judicial nominating commission. Requires commission to rate all candidates for a vacancy and submit all names to governor, rather than choosing the three best qualified. Requires legislative confirmation for some appointees.
Senate Status01/26/2012 - Referred to Senate Judiciary.
House Status02/01/2012 - Referred to House Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 17, Chapter 4, Part 1, relative to judicial selection.
Citations17-04-0100, 17-04-0109, 17-04-0112, 17-04-0110, 17-04-0111, 17-04-0113, 17-04-0119
SB2795 / HB2978 Provisions governing judges.
CategoryJudiciary
SponsorsSen. Mike Faulk / Rep. Vance Dennis
DescriptionClarifies which judges are affected by campaign finance disclosure laws. Allows newly elected judges and chancellors to practice law only to wind down their practice. Changes procedures when a chancellor is incompetent to try a case.
Senate Status01/26/2012 - Referred to Senate Judiciary.
House Status01/26/2012 - Referred to House Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Section 2-10-102; Section 17-2-112; Section 17-2-202; Section 17-1-105 and Section 23-3-102, relative to judges.
Citations23-03-0102, 02-10-0102, 17-01-0105, 17-02-0112, 17-02-0202
SB2822 / HB2966 Authority of referees.
CategoryJudiciary
SponsorsSen. Brian K. Kelsey / Rep. Jim Coley
DescriptionAuthorizes judge of Division XIV to appoint one or more suitable person or persons to act as referee or referees at the pleasure of the judge subject to approval by a majority vote of the legislative body of the county. Clarifies that the referee has the powers of a trial judge and the same authority as the judge directing the case to the referee.
Senate Status01/26/2012 - Referred to Senate Judiciary.
House Status02/09/2012 - Set for House General Subcommittee of Judiciary 02/15/12.
CaptionAN ACT to amend Chapter 772 of the Public Acts of 1982, as amended by Chapter 426 of the Public Acts of 1991, as amended by Chapter 182 of the Public Acts of 2003, and Chapter 550 of the Public Acts of 2007, and any other acts amendatory thereto, relative to referees in certain environmental courts.
Citations
SB2826 / HB2962 Court ordered evaluation of defendant.
CategoryJudiciary
SponsorsSen. Bill Ketron / Rep. Rick Womick
DescriptionRequires that when a court orders a defendant charged with a misdemeanor to be evaluated for insanity, the court will order the evaluation to be completed within 15 days.
Senate Status02/07/2012 - Senate Judiciary deferred to 2/21/2012.
House Status01/31/2012 - Referred to House General Subcommittee of Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 33, Chapter 7, Part 3, relative to mental health of defendants.
Citations33-07-0304, 33-07-0300
SB2956 / HB3069 Expunction of court files and juvenile records.
CategoryJudiciary
SponsorsSen. Tim Barnes / Rep. John J. Deberry Jr.
DescriptionMakes various changes to expunction of court files and records in juvenile court cases. Allows unruly juveniles to petition for expunction of court files and records. Extends expunction to other scientific methods of establishing identity, such as DNA testing or retinal scans.
Senate Status02/09/2012 - Set for Senate Judiciary Committee 02/14/12.
House Status02/09/2012 - Set for House General Subcommittee of Judiciary 02/15/12.
CaptionAN ACT to amend Tennessee Code Annotated, Section 37-1-155; Section 37-1-153 and Section 40-32-101, relative to juvenile court records.
Citations40-32-0101, 37-01-0153, 37-01-0155
SB2958 / HB3070 Listing parents names in juvenile court petitions.
CategoryJudiciary
SponsorsSen. Tim Barnes / Rep. John J. Deberry Jr.
DescriptionRequires petitions in juvenile court cases to list the legal parents and any persons alleged to be the biological father of the child. Requires a copy of the summons in such cases be sent to the legal parents and any persons alleged to be the biological father of the child.
Senate Status02/09/2012 - Set for Senate Judiciary Committee 02/14/12.
House Status02/09/2012 - Set for House General Subcommittee of Judiciary 02/15/12.
CaptionAN ACT to amend Tennessee Code Annotated, Section 37-1-121 and Section 37-1-120, relative to a petition and summons in juvenile court.
Citations37-01-0120, 37-01-0121
SB3047 / HB3321 Search warrant required for overhead surveillance.
CategoryJudiciary
SponsorsSen. Brian K. Kelsey / Rep. Vance Dennis
DescriptionProhibits law enforcement agencies from using unnamed aircraft unless they have a warrant, searching for a missing child, or authorized by federal law. Broadly captioned.
Senate Status01/30/2012 - Referred to Senate Judiciary.
House Status02/01/2012 - Referred to House General Subcommittee of Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 38; Title 39 and Title 40, relative to surveillance by unmanned mechanisms.
Citations39-00-0000, 40-00-0000, 38-00-0000, 40-06-0300
SB3053 / HB3034 Barring litigants who owe fees from further filings.
CategoryJudiciary
SponsorsSen. Jim Tracy / Rep. Joe Carr
DescriptionProhibits a court clerk from accepting the filing of another claim by a litigant who owes fees, taxes, costs and other expenses unless the litigant seeks injunctive relief to prevent irreparable injury or serious physical harm to the litigant.
Senate Status01/30/2012 - Referred to Senate Judiciary.
House Status02/08/2012 - House General Subcommittee of Judiciary deferred to 2/22/2012.
CaptionAN ACT to amend Tennessee Code Annotated, Title 16; Title 18; Title 20 and Title 28, relative to fees, taxes, costs and expenses owing to the courts.
Citations28-00-0000, 20-00-0000, 18-00-0000, 16-00-0000, 20-01-0000
SB3222 / HB3394 Creation of veterans' courts.
CategoryJudiciary
SponsorsSen. Randy McNally / Rep. John Ragan
DescriptionAuthorizes creation of specialized veterans' courts with the flexibility necessary to meet the specialized problems faced by veteran and servicemember defendants (11 pp.).
Senate Status02/01/2012 - Referred to Senate Judiciary.
House Status02/01/2012 - Referred to House General Subcommittee of Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 16, relative to the Veterans Court Treatment Act.
Citations16-00-0000
SB3308 / HB3728 Jury may consider a defendant's ability to pay fine.
CategoryJudiciary
SponsorsSen. Lowe Finney / Rep. Mike Stewart
DescriptionRequires the court to instruct the jury that it may consider the defendant's personal income and ability to pay when determining the amount of a fine to impose. Broadly captioned.
Senate Status02/01/2012 - Referred to Senate Judiciary.
House Status02/01/2012 - Referred to House Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 8; Title 38; Title 39; Title 40 and Title 53, relative to criminal law.
Citations39-00-0000, 40-00-0000, 53-00-0000, 38-00-0000, 08-00-0000, 40-35-0301
SB3652 / HB3691 Speaker appointments to the Judicial Evaluation Commission.
CategoryJudiciary
SponsorsSen. Mike Bell / Rep. Vance Dennis
DescriptionRequires the speakers of the house and senate appoint the nine members of the judicial evaluation commission since the judicial council no longer exists.
Senate Status02/01/2012 - Referred to Senate Judiciary.
House Status02/01/2012 - Referred to House Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 17, Chapter 4, Part 2, relative to the judicial performance evaluation commission.
Citations17-04-0201, 17-04-0200
SB3743 / HB3826 Allows certain counties to levy $1 litigation tax.
CategoryJudiciary
SponsorsSen. Randy McNally / Rep. Mike Stewart
DescriptionAuthorizes counties to levy a $1.00 litigation tax on each petition, warrant and citation to fund victim-offender mediation centers and initiatives. Requires a two-thirds majority vote of the counties' legislative body.
Senate Status02/01/2012 - Referred to Senate Judiciary.
House Status02/06/2012 - Referred to House Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 16, Chapter 20, Part 1, relative to litigation taxes.
Citations16-20-0106, 16-20-0100
SJR475 Constitutional amendment to appoint higher court Judges.
CategoryJudiciary
SponsorsSen. Brian K. Kelsey
DescriptionProposes a constitutional amendment to rewrite Article 5 Section 3 of the Tennessee Constitution to require that each Justice of the Supreme Court be appointed by the Governor and confirmed by a majority of the Senate instead of elected by the qualified voters of the state. Provides that each Judge of the Court of Appeals and Criminal Court of Appeals also be appointed by the governor and confirmed by the Senate. Sets a 60 day deadline for Senate confirmation of any Governor appointment, and requires each Judge to be licensed to practice law in the state. Sets a deadline for Senate confirmation of judicial appointments, limits appointments to fill vacancies to the current unexpired term, and provides a scheme for appointment of Supreme Court Justices to begin September 1, 2016 for staggered terms. Corrects language in Article 6 and 7 to reflect the above changes.
Fiscal NoteDated: January 4, 2012 Increase state expenditures - $18,000/one-time.
Senate Status01/12/2012 - Referred to Senate Judiciary.
House StatusNone
CaptionA RESOLUTION to propose an amendment to Sections 3 and 7 of Article VI and Section 5 of Article VII of the Constitution of Tennessee, to provide for appointment and confirmation of certain judges.
Citations
SR78 TN rules of civil procedure.
CategoryJudiciary
SponsorsSen. Mae Beavers
DescriptionApproves amendments and revisions to Tennessee rules of civil procedure.
Senate Status02/09/2012 - Introduced in the Senate.
House StatusNone
CaptionA RESOLUTION approving the amendments and revisions to the Tennessee Rules of Civil Procedure, promulgated by the Supreme Court of Tennessee pursuant to the provisions of Tennessee Code Annotated, Section 16402, et seq.
Citations
SR79 TN rules of criminal procedure.
CategoryJudiciary
SponsorsSen. Mae Beavers
DescriptionApproves amendments and revisions to Tennessee rules of criminal procedure.
Senate Status02/09/2012 - Introduced in the Senate.
House StatusNone
CaptionA RESOLUTION approving the amendments and revisions to the Tennessee Rules of Criminal Procedure, promulgated by the Supreme Court of Tennessee pursuant to the provisions of Tennessee Code Annotated, Section 16402, et seq.
Citations
SR80 TN rules of appellate procedure.
CategoryJudiciary
SponsorsSen. Mae Beavers
DescriptionApproves amendments and revisions to Tennessee rules of appellate procedure.
Senate Status02/09/2012 - Introduced in the Senate.
House StatusNone
CaptionA RESOLUTION approving the amendments and revisions to the Tennessee Rules of Appellate Procedure, promulgated by the Supreme Court of Tennessee pursuant to the provisions of Tennessee Code Annotated, Section 16402, et. seq.
Citations
SR81 TN rules of evidence.
CategoryJudiciary
SponsorsSen. Mae Beavers
DescriptionApproves amendments and revisions to Tennessee rules of evidence.
Senate Status02/09/2012 - Introduced in the Senate.
House StatusNone
CaptionA RESOLUTION approving the amendments and revisions to the Tennessee Rules of Evidence, promulgated by the Supreme Court of Tennessee pursuant to the provisions of Tennessee Code Annotated, Section 16402, et seq.
Citations
SR82 TN rules of juvenile procedure.
CategoryJudiciary
SponsorsSen. Mae Beavers
DescriptionApproves amendments and revisions to Tennessee rules of juvenile procedure.
Senate Status02/09/2012 - Introduced in the Senate.
House StatusNone
CaptionA RESOLUTION approving the amendments and revisions to the Tennessee Rules of Juvenile Procedure, promulgated by the Supreme Court of Tennessee pursuant to the provisions of Tennessee Code Annotated, Section 16402, et seq.
Citations
HB2711 Creates new 16-member court of judicial conduct.
CategoryJudiciary
SponsorsRep. Mike Turner
DescriptionAbolishes the court of judiciary on October 1, 2012. Creates court of judicial conduct consisting of 16 members with appointments to be made by supreme court, governor, bar association and each caucus of general assembly.
Senate StatusNone
House Status02/09/2012 - Withdrawn in House.
CaptionAN ACT to amend Tennessee Code Annotated, Title 17, Chapter 5, Part 2, relative to the composition of the court of the judiciary.
Citations17-05-0200, 17-05-0201

Labor Law - 9

SB2228 / HB2366 Recovering benefit overpayments.
CategoryLabor Law
SponsorsSen. Mark S. Norris / Rep. Gerald McCormick
DescriptionGives the state three more years to collect unintentional overpayment of unemployment benefits. Allows state to set off unemployment compensation debt against federal income tax refund. Imposes monetary penalties for overpaid benefits. (Part of Administration Package 2012)
Senate Status02/09/2012 - Set for Senate Commerce, Labor & Agriculture Committee 02/14/12.
House Status02/08/2012 - House General Subcommittee of Consumer & Employee Affairs deferred to 02/22/12.
CaptionAN ACT to amend Tennessee Code Annotated, Section 50-7-303(d)(3)(B); Section 50-7-304(b)(2); Section 50-7-501 and Section 50-7-715, relative to recovering benefit overpayments through the Internal Revenue Service's Treasury Offset Program.
Citations50-07-0303, 50-07-0304, 50-07-0501, 50-07-0715
SB2365 / HB2896 Prohibits discrimination on basis of sexual orientation.
CategoryLabor Law
SponsorsSen. Beverly Marrero
Descriptionntate Summary: As introduced, prohibits entities from discriminating on the basis of sexual orientation in practices and contracts. - Amends TCA Title 4, Chapter 21; Title 4, Chapter 3; Title 4, Chapter 36; Section 8-20-326; Section 8-30-333; Section 11-3-202; Section 12-4-122; Section 37-5-116; Title 39; Title 40; Title 49; Section 56-51-117; Section 57-4-102; Section 62-27-123; Section 65-37-102; Section 68-14-605; Section 68-1-113; Section 68-11-702 and Title 71, Chapter 5.
Senate Status01/18/2012 - Referred to Senate State & Local Government.
House Status01/31/2012 - Referred to House General Subcommittee of State & Local Government.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4; Title 8; Title 11; Title 12; Title 37; Title 39; Title 40; Title 49; Title 56; Title 57; Title 62; Title 65; Title 68 and Title 71, relative to discriminatory practices.
Citations37-00-0000, 57-00-0000, 68-00-0000, 39-00-0000, 40-00-0000, 49-00-0000, 04-00-0000, 56-00-0000, 12-00-0000, 71-00-0000, 65-00-0000, 62-00-0000, 11-00-0000, 08-00-0000, 57-04-0102, 04-21-0401, 49-05-1003, 04-21-0102, 08-30-0326, 11-03-0202, 56-51-0117, 04-21-0101, 04-21-0402, 04-21-0403, 04-21-0404, 04-21-0406, 04-21-0501, 04-21-0502, 04-21-0601, 04-21-0604, 04-21-0606, 39-17-0309, 04-03-1412, 04-03-1417, 04-21-0804, 04-36-0309, 08-30-0333, 12-04-0122, 37-05-0116, 40-35-0102, 49-04-0301, 49-06-3109, 49-11-0105, 62-27-0123, 65-37-0102, 68-11-0702, 71-05-0119, 04-21-0803, 68-14-0605
SB2522 / HB2784 Lifelong Learning Accounts Act of 2012.
CategoryLabor Law
SponsorsSen. Andy Berke / Rep. Craig Fitzhugh
DescriptionEnacts the "Lifelong Learning Accounts Act of 2012." Creates an incentive for eligible individuals and their employers to voluntarily participate in a program to establish a savings account to pay for qualified education expenses and skill training. Intended to increase the eligible individual's earning potential over their lifetime.
Senate Status01/23/2012 - Referred to Senate Commerce, Labor & Agriculture.
House Status01/25/2012 - Referred to House Consumer & Employee Affairs.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4, to enact the "Lifelong Learning Accounts Act of 2012".
Citations04-00-0000
SB2565 / HB2669 Employment of children in an agricultural setting.
CategoryLabor Law
SponsorsSen. Bill Ketron / Rep. Jeremy Faison
DescriptionSpecifies that no public funds of this state or any political subdivision thereof shall be allocated to the regulation or enforcement of any change to the U.S department of labor's Hazardous Occupations Orders for Agricultural Employment relating to children.
Senate Status01/23/2012 - Referred to Senate Commerce, Labor & Agriculture.
House Status01/25/2012 - Referred to House General Subcommittee of Consumer & Employee Affairs.
CaptionAN ACT to amend Tennessee Code Annotated, Title 43; Title 50, Chapter 3 and Title 50, Chapter 5, relative to child labor performed in agricultural settings.
Citations43-00-0000, 50-03-0000, 50-03-0900, 50-05-0000
SB2704 / HB2981 Process to obtain punitive damages against an employer.
CategoryLabor Law
SponsorsSen. Brian K. Kelsey / Rep. Vance Dennis
DescriptionRestricts punitive damages for vicarious liability of an employer for an employee or agent. Allows punitive damages only when the act or omission was committed by a manager; when the employer was reckless in hiring or retaining an employee; or when the employer approved the act or omission.
Senate Status01/26/2012 - Referred to Senate Judiciary.
House Status01/31/2012 - Referred to House General Subcommittee of Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Section 29-39-104, relative to punitive damages awards based on vicarious liability.
Citations29-39-0104
SB2742 / HB2212 Access to evidence from administrative inspections.
CategoryLabor Law
SponsorsSen. Jack Johnson / Rep. Debra Young Maggart
DescriptionProvides that only authorized persons have access to evidence or information resulting from administrative inspections.
Senate Status02/09/2012 - Set for Senate Commerce, Labor & Agriculture Committee 02/14/12.
House Status01/24/2012 - Referred to House General Subcommittee of Consumer & Employee Affairs.
CaptionAN ACT to amend Tennessee Code Annotated, Title 50, relative to employers and employees.
Citations50-00-0000, 50-04-0100
SB2821 / HB2924 Public policies for right to work employees.
CategoryLabor Law
SponsorsSen. Brian K. Kelsey / Rep. Mike Sparks
DescriptionRequires the commissioner of labor and workforce development to display a notice on their web site with employee's rights in a right to work state. Requires private employers to post adequate notice of employee's rights in a right to work state. Allows private employers to be exempted if the requirement causes a hardship. Requires the commissioner of labor and workforce development to enforce the policies.
Senate Status01/26/2012 - Referred to Senate Commerce, Labor & Agriculture.
House Status01/31/2012 - Referred to House General Subcommittee of Consumer & Employee Affairs.
CaptionAN ACT to amend Tennessee Code Annotated, Title 50, Chapter 1, Part 2, relative to right to work.
Citations50-01-0200
SB2857 / HB2806 Study on more work-friendly assistance eligibility.
CategoryLabor Law
SponsorsSen. Ken Yager / Rep. Dennis Powers
DescriptionRequires the commissioner of the department of human services to conduct a summer study that will assess the feasibility of more work friendly assistance eligibility and benefits requirements in order to increase workforce participation. Requires the department to report the results of the study to the health committees of the house and senate.
Senate Status01/26/2012 - Referred to Senate Health & Welfare.
House Status01/25/2012 - Referred to House Health & Human Resources.
CaptionAN ACT to amend Tennessee Code Annotated, Title 71, relative to the reform of various public assistance programs .
Citations71-00-0000
SB2992 / HB3559 Employment discrimination - handgun ownership by applicant.
CategoryLabor Law
SponsorsSen. Mike Faulk / Rep. Eddie Bass
DescriptionProhibits public and private employers from requiring an employee or applicant for employment to disclose information about owning, possessing, using, or transporting a firearm, unless it is used in fulfilling the duties of employment. Prohibits employers from conditioning employment, rights, benefits, privileges, or opportunities on such information. Allows victims of such discrimination to bring civil action against employers in violation. Broadly captioned.
Senate Status02/09/2012 - Set for Senate Commerce, Labor & Agriculture Committee 02/14/12.
House Status02/01/2012 - Referred to House Consumer & Employee Affairs.
CaptionAN ACT to amend Tennessee Code Annotated, Title 39; Title 40 and Title 50, relative to employment practices.
Citations39-00-0000, 40-00-0000, 50-00-0000, 50-01-0300

Local Government - 8

SB2121 / HB2186 Repeal of Senate Bill 632 / House Bill 600.
CategoryLocal Government
SponsorsSen. James F. Kyle Jr. / Rep. Brenda Gilmore
DescriptionRepeals Chapter 278 of the Public Acts of 2011 (Senate Bill 632 / House Bill 600). Senate Bill 632 / House Bill 600 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.
Fiscal NoteDated: August 16, 2011 Not significant.
Senate Status01/24/2012 - Taken off notice in Senate State & Local Government.
House Status01/24/2012 - Referred to House General Subcommittee of State & Local Government.
CaptionAN ACT to repeal Chapter __ of the Public Acts of 2011 (Senate Bill 632 / House Bill 600), relative to local government authority in the area of civil rights.
Citations
SB2149 / HB2238 Local law on health benefits & wages cannot vary from state.
CategoryLocal Government
SponsorsSen. Brian K. Kelsey / Rep. Glen Casada
DescriptionProhibits local government from imposing or mandating, through any form of regulation, the provision of health insurance benefits, minimum wage, or family leave requirements that vary from state imposed requirements. Exempts employees of local governments from this provision. Renders null and void any current regulation in violation of this provision, but preserves any violating contracts entered into prior to the effective date of this act.
Fiscal NoteDated: January 10, 2012 Not significant.
Senate Status01/12/2012 - Referred to Senate State & Local Government.
House Status01/12/2012 - Referred to House State & Local Government.
CaptionAN ACT to amend Tennessee Code Annotated, Section 7-51-1802, relative to limitations on actions of local governments related to certain business practices.
Citations07-51-1802
SB2384 / HB2495 Conflict of interest in contractual services.
CategoryLocal Government
SponsorsSen. Mike Faulk / Rep. Dennis Powers
DescriptionProhibits conflicts of interest in contractual services in regard to county officers in same manner as conflicts of interests in material or equipment are prohibited.
Fiscal NoteDated: January 30, 2012 Not significant.
Senate Status02/06/2012 - Senate passed.
House Status01/24/2012 - Referred to House General Subcommittee of State & Local Government.
CaptionAN ACT to amend Tennessee Code Annotated, Section 5-21-121 and Section 54-7-203, relative to local government purchasing and conflicts of interest.
Citations05-21-0121, 54-07-0203
SB2456 / HB2481 Fees for court clerks to be set by county legislative body.
CategoryLocal Government
SponsorsSen. Becky Duncan Massey / Rep. Ryan A. Haynes
DescriptionAuthorizes the county legislative body of any county having a charter form of government to establish and set fees for court clerks in such manner and amounts as deemed appropriate by the county legislative body.
AmendmentHouse State and Local amendment 1 (01256731) Deletes all language after the enacting clause. Requires the fee schedule for court clerks set out in Tenn. Code Ann. 8-21-401 apply to criminal court, fourth circuit, and the general sessions court-criminal division in Knox County.
Senate Status02/09/2012 - Set for Senate Judiciary Committee 02/14/12.
House Status02/09/2012 - Set for House Finance, Ways & Means Committee 02/14/12.
CaptionAN ACT to amend Tennessee Code Annotated, Section 8-21-401, relative to fees of court clerks in counties having a charter form of government.
Citations08-21-0401
SB2745 / HB2877 Eminent domain - housing authorities.
CategoryLocal Government
SponsorsSen. Jack Johnson / Rep. Jim Gotto
DescriptionEliminates the power of eminent domain for housing authorities and permits governing bodies to institute eminent domain proceedings on behalf of housing authorities.
Senate Status01/26/2012 - Referred to Senate Judiciary.
House Status01/31/2012 - Referred to House General Subcommittee of State & Local Government.
CaptionAN ACT to amend Tennessee Code Annotated, Title 12; Title 13 and Title 29, relative to relative to eminent domain.
Citations13-00-0000, 12-00-0000, 29-00-0000, 13-20-0108, 13-20-0000, 13-20-0104, 13-20-0106, 13-20-0109, 13-20-0203, 13-20-0212, 29-17-0102, 29-17-0501
SB3059 / HB3309 Fees for special services by county officers repealed.
CategoryLocal Government
SponsorsSen. Charlotte Burks / Rep. Kelly Keisling
DescriptionRepeals provision allowing county clerks, court clerks, registers of deeds, and sheriffs to keep payments for special services.
Senate Status02/09/2012 - Withdrawn in Senate.
House Status02/01/2012 - Referred to House General Subcommittee of State & Local Government.
CaptionAN ACT to amend Tennessee Code Annotated, Title 8, Chapter 22, Part 1, relative to the compensation of certain local officials.
Citations08-22-0100, 08-22-0101, 08-22-0103
SB3164 / HB3597 Privilege tax - civil and criminal cases in Sullivan County.
CategoryLocal Government
SponsorsSen. Mike Faulk / Rep. Jon Lundberg
DescriptionAuthorizes the legislative body of Sullivan County by two-thirds majority vote, to levy a privilege tax of $25.00 in all civil and criminal cases. Specifies that the revenue generated from the privilege tax is to be used exclusively to provide representation and support services for indigent criminal defendants.
Senate Status01/30/2012 - Referred to Senate Judiciary.
House Status02/01/2012 - Referred to House Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Section 67-4-601, relative to county litigation taxes.
Citations67-04-0601
SB3623 / HB3304 Chronic Nuisance Property Act.
CategoryLocal Government
SponsorsSen. Bo Watson / Rep. Richard Floyd
DescriptionEnacts the "Chronic Nuisance Property Act." Requires the chief of police or building inspector to send a written warning to persons responsible for nuisance properties if said authorities receive documentation confirming the occurrence of three or more nuisance activities, as defined, within a 60 day period on any property. Persons responsible for such properties will be offered an opportunity to abate the nuisance activities; if such activities are not abated and legal action is sought, the property shall be secured and assessed up to a $50 per day fine. Further action shall be taken by the city attorney if necessary.
Senate Status02/01/2012 - Referred to Senate Judiciary.
House Status02/01/2012 - Referred to House General Subcommittee of Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 7, Chapter 51, relative to nuisance activities.
Citations07-51-0000

Media & Publishing - 5

SB2582 / HB2670 Public records - handgun carry permit records.
CategoryMedia & Publishing
SponsorsSen. Stacey Campfield / Rep. Jeremy Faison
DescriptionLimits reproduction of handgun carry permit records to not more than 15 records or other such information copied or reproduced by one person in one day.
Senate Status01/23/2012 - Referred to Senate Judiciary.
House Status01/23/2012 - Withdrawn in House.
CaptionAN ACT to amend Tennessee Code Annotated, Section 10-7-504, relative to handgun carry permits.
Citations10-07-0504
SB2676 / HB3480 Electronic requests for copies of records.
CategoryMedia & Publishing
SponsorsSen. Mae Beavers / Rep. Eric Watson
DescriptionClarifies that written requests for copies of pubic records to record custodians may be sent electronically.
Senate Status01/25/2012 - Referred to Senate State & Local Government.
House Status02/01/2012 - Referred to House State & Local Government.
CaptionAN ACT to amend Tennessee Code Annotated, Title 10, Chapter 7, relative to open records.
Citations10-07-0000, 10-07-0503
SB2894 / HB3656 Uniform Electronic Legal Material Act.
CategoryMedia & Publishing
SponsorsSen. Brian K. Kelsey / Rep. Mike Stewart
DescriptionEnacts the "Uniform Electronic Legal Material Act." Permits an official publisher that publishes legal material in an electronic record and also publishes the material in a record other than an electronic record to designate the electronic record as official if the publisher complies with other sections of this law. To authenticate an electronic record, the publisher shall provide a method for a user to determine that the record received by the user from the publisher is unaltered from the official record published by the publisher.
Senate Status01/26/2012 - Referred to Senate Judiciary.
House Status02/01/2012 - Referred to House Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 1; Title 8 and Title 10, relative to the Uniform Electronic Legal Material Act.
Citations10-00-0000, 08-00-0000, 01-00-0000
SB2937 / HB2206 Notice regarding destruction of records.
CategoryMedia & Publishing
SponsorsSen. Mark S. Norris / Rep. Debra Young Maggart
DescriptionIncreases from 90 days to 100 days the notice period that clerks must provide to the state librarian and archivist before destroying books or records, in order that such documents may be examined for historical value.
Fiscal NoteDated: January 14, 2012 Not significant.
Senate Status01/30/2012 - Referred to Senate Judiciary.
House Status01/24/2012 - Referred to House General Subcommittee of State & Local Government.
CaptionAN ACT to amend Tennessee Code Annotated, Title 18.
Citations18-00-0000, 18-01-0204
SB3355 / HB2835 Publishing certain notices online and in newspapers.
CategoryMedia & Publishing
SponsorsSen. Bill Ketron / Rep. Rick Womick
DescriptionRequires that notices for foreclosures, land sales, transactions involving real property or other legal notices to be published online and in a local newspaper.
Senate Status02/01/2012 - Referred to Senate State & Local Government.
House Status01/25/2012 - Referred to House State & Local Government.
CaptionAN ACT to amend Tennessee Code Annotated, relative to acceptable forms of public notice.
Citations01-03-0000

Miscellaneous - 2

SB3632 / HB3616 The Religious Viewpoints Antidiscrimination Act.
CategoryMiscellaneous
SponsorsSen. Kerry Roberts / Rep. Andy Holt
DescriptionEnacts the "Religious Viewpoints Antidiscrimination Act." Requires LEAs to adopt a policy that includes the establishment of a limited public forum for student speakers at all school events at which a student is to publicly speak. Specifies that students are allowed to express their beliefs about religion in homework, artwork, and other written and oral assignments free from discrimination based on the religious content of their submissions. Specifies that students may organize prayer groups, religious clubs, or other religious gatherings before during and after school to the same extent that students are permitted to organize other noncurricular student activites and groups.
Senate Status02/01/2012 - Referred to Senate Education.
House Status02/01/2012 - Referred to House Education.
CaptionAN ACT to amend Tennessee Code Annotated, Title 49, Chapter 6, relative to voluntary student expression of religious viewpoints in public schools.
Citations49-06-0000, 49-06-1800
HJR576 Supporting legal representation to unemployment recipients.
CategoryMiscellaneous
SponsorsRep. Barbara W. Cooper
DescriptionExpresses support for free legal representation for Tennessee citizens in matters regarding denial of unemployment compensation by the department of labor and workforce development.
Fiscal NoteDated: January 26, 2012 Other Fiscal Impact - The fiscal impact of an expression of support will be not significant. Should the Department of Labor and Workforce Development provide legal representation for indigent claimants, there will be an increase in recurring state expenditures of $448,700 and an increase in federal expenditures from the Unemployment Insurance Trust Fund of $23,300.
Senate StatusNone
House Status02/09/2012 - Set for House Consumer & Employee Affairs Committee 02/14/12.
CaptionA RESOLUTION to express support for free legal representation for Tennessee citizens in matters regarding denial of unemployment benefits.
Citations

Professions & Licensure - 2

SB3291 / HB2276 Regulation of repo agencies and collateral recovery agents.
CategoryProfessions & Licensure
SponsorsSen. Reginald Tate / Rep. G.A. Hardaway
DescriptionEnacts the "Collateral Recovery Act," which implements a system for regulating repossession agencies and collateral recovery agents. Gives the authority for such regulation to the department of commerce and insurance. Specifies powers of department but clarifies that the department shall not set pricing fees for repossessions, personal property storage, skip tracing, or other related services provided by repossession agencies to their clients. (32 pp.)
Senate Status02/01/2012 - Referred to Senate Commerce, Labor & Agriculture.
House Status01/24/2012 - Referred to House General Subcommittee of Commerce.
CaptionAN ACT to amend Tennessee Code Annotated, Title 26; Title 45; Title 47; Title 55; Title 56; Title 62, Chapter 11 and Title 66, relative to collateral recovery.
Citations47-00-0000, 56-00-0000, 66-00-0000, 45-00-0000, 26-00-0000, 55-00-0000, 62-11-0000, 62-11-0105, 66-19-0100, 55-05-0128
SB3441 / HB3437 Unlawful to claim to be licensed to perform services.
CategoryProfessions & Licensure
SponsorsSen. Mike Faulk / Rep. Ryan A. Haynes
DescriptionState Summary: As introduced, makes it unlawful for a partnership to advertise or claim to be licensed or bonded to perform services unless required by law. - Amends TCA Title 62.
Senate Status02/01/2012 - Referred to Senate Commerce, Labor & Agriculture.
House Status02/01/2012 - Referred to House Commerce.
CaptionAN ACT to amend Tennessee Code Annotated, Title 62, relative to fair trade practices in the entertainment industry.
Citations62-00-0000, 62-51-0101

Property & Housing - 9

SB2471 / HB2227 Landlords to register with governmental entities.
CategoryProperty & Housing
SponsorsSen. Randy McNally / Rep. Julia Hurley
DescriptionMandates that all landlords must require a government ID from all new and renewing tenants, keep a copy of the ID on file, and provide a copy of the ID to local government entity that enforces building codes, or to the county trustee. Lists types of valid ID, including driver's license, passport, government-issued birth certificate, citizenship certificate, or immigration documentation.
Senate Status01/19/2012 - Referred to Senate Commerce, Labor & Agriculture.
House Status01/24/2012 - Referred to House General Subcommittee of Commerce.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4; Title 5; Title 6; Title 7; Title 39; Title 40; Title 66 and Title 67, relative to landlords.
Citations67-00-0000, 07-00-0000, 39-00-0000, 40-00-0000, 04-00-0000, 05-00-0000, 06-00-0000, 66-00-0000, 66-28-0100, 66-28-0102, 66-28-0107
SB2610 / HB2683 Uniform Landlord & Tenant Act - counties with 75,000 plus.
CategoryProperty & Housing
SponsorsSen. Charlotte Burks / Rep. Ryan Williams
DescriptionLimits application of the Uniform Residential Landlord and Tenant Act to counties having a population of more than 75,000 instead of 68,000.
Senate Status01/23/2012 - Referred to Senate Commerce, Labor & Agriculture.
House Status02/09/2012 - Set for House Commerce Committee 02/14/12.
CaptionAN ACT to amend Tennessee Code Annotated, Section 66-28-102, relative to application of the "Uniform Landlord and Tenant Act".
Citations66-28-0102
SB2791 / HB2913 Landlord terminating rentals agreements.
CategoryProperty & Housing
SponsorsSen. Stacey Campfield / Rep. Charles Curtiss
DescriptionPermits landlord to terminate rental agreement if tenant creates a hazardous or unsanitary, instead of hazardous and unsanitary, condition on the property. Deletes requirement that landlord notify tenant at time of lease signing of location of separate account for security deposits.
Senate Status02/09/2012 - Set for Senate Commerce, Labor & Agriculture Committee 02/14/12.
House Status02/09/2012 - Set for House General Subcommittee of Commerce 02/15/12.
CaptionAN ACT to amend Tennessee Code Annotated, Title 66, Chapter 28, relative to the Uniform Landlord and Tenant Act.
Citations66-28-0000, 66-28-0301, 66-28-0517
SB2797 / HB2887 Homestead exemption from execution for debts.
CategoryProperty & Housing
SponsorsSen. Mike Bell / Rep. Glen Casada
DescriptionRevises homestead exemption to be a residence with up to one-half acre of land. Exempts the property from liens and forced sale except to pay taxes or debt secured by the property.
Senate Status01/26/2012 - Referred to Senate Judiciary.
House Status01/26/2012 - Referred to House Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 26, Chapter 2, Part 3, relative to the homestead.
Citations26-02-0300, 26-02-0301
SB2884 / HB3194 Disclosure and cancellations provisions for time-shares.
CategoryProperty & Housing
SponsorsSen. Joe M. Haynes / Rep. Mike Stewart
DescriptionRequires the public offering statement for a time-share interval to include a specified statement regarding any restraints on alienation. Requires a statement regarding the value of a time-share interval being determined by the personal experience, not as an investment opportunity. Authorizes a purchaser who made an on-site inspection to void a contract up to 20, rather than 10, days after signing. Authorizes a purchaser who did not make an on-site inspection to void a contract up to 30, rather than 15, days after signing. Authorizes a person to void a contract via electronic mail. Requires the electronic mail address of the seller be included in the contract. Prohibits waiver of the rescission rights.
Fiscal NoteDated: January 28, 2012 Not significant.
Senate Status01/26/2012 - Referred to Senate Commerce, Labor & Agriculture.
House Status02/01/2012 - Referred to House General Subcommittee of Commerce.
CaptionAN ACT to amend Tennessee Code Annotated, Title 66, Chapter 32, relative to consumer protection.
Citations66-32-0000, 66-32-0112, 66-32-0132, 66-32-0114
SB3290 / HB2262 Termination of lease by victim of domestic abuse.
CategoryProperty & Housing
SponsorsSen. Reginald Tate / Rep. G.A. Hardaway
DescriptionGives a tenant who is the victim of domestic abuse, sexual assault, or stalking the right to terminate a lease or rental agreement if the tenant provides the landlord with written notice and documentation that tenant is a victim, including a copy of a valid order of protection.
Fiscal NoteDated: January 21, 2012 Not significant.
Senate Status02/01/2012 - Referred to Senate Judiciary.
House Status01/24/2012 - Referred to House General Subcommittee of Commerce.
CaptionAN ACT to amend Tennessee Code Annotated, Title 66, relative to the termination of residential lease or rental agreements under certain circumstances.
Citations66-00-0000, 66-07-0000, 66-28-0200
SB3408 / HB3572 Private property rights regarding government interference.
CategoryProperty & Housing
SponsorsSen. Mae Beavers / Rep. Rick Womick
DescriptionDefines "private property rights" to clarify meaning of unwarranted government interference with such rights. Provides private property owners do not have to accommodate to local "Sustainable Development" policies. Prohibits government from imposing certain zoning restrictions, ordinances or fines regarding aesthetic landscaping, and interfering with interior or exterior aspects of a home on private property. Limits eminent domain.
Senate Status02/01/2012 - Referred to Senate Judiciary.
House Status02/09/2012 - Set for House General Subcommittee of Judiciary 02/15/12.
CaptionAN ACT to amend Tennessee Code Annotated, Title 12, Chapter 1, Part 2, relative to private property rights.
Citations12-01-0200, 12-01-0202
SB3571 / HB3740 Possessory interest in a deed of trust or mortgage.
CategoryProperty & Housing
SponsorsSen. Eric Stewart / Rep. David Alexander
DescriptionProhibits the transfer of a possessory interest in a deed of trust, mortgage or other lien securing the payment of money or other thing of value on an owner-occupied residence while a foreclosure is pending.
Senate Status02/01/2012 - Referred to Senate Commerce, Labor & Agriculture.
House Status02/02/2012 - Referred to House Commerce.
CaptionAN ACT to amend Tennessee Code Annotated, Title 29; Title 35, Chapter 5; Title 45, Chapter 20; Title 47 and Title 66, relative to foreclosures.
Citations47-00-0000, 66-00-0000, 29-00-0000, 35-05-0000, 45-20-0000
SB3646 / HB3694 Tennessee Non-Conforming Property Act.
CategoryProperty & Housing
SponsorsSen. Bill Ketron / Rep. Jim Gotto
DescriptionEnacts "Tennessee Non-Conforming Property Act." Allows property used for certain operations which were operating legally and compliant with zoning regulations prior to the effective date of new zoning regulations to which the property would no longer conform or comply, to continue to operate normally under certain conditions.
Senate Status02/01/2012 - Referred to Senate State & Local Government.
House Status02/01/2012 - Referred to House State & Local Government.
CaptionAN ACT to amend Tennessee Code Annotated, Title 13, Chapter 7, relative to nonconforming property.
Citations13-07-0208, 13-07-0000, 13-07-0500

Public Employees - 8

SB2518 / HB3734 District attorneys - report potential conflicts of interest.
CategoryPublic Employees
SponsorsSen. Mae Beavers / Rep. Mark Pody
DescriptionRequires district attorneys (DAs) and assistant district attorneys (ADAs) serving as members or directors of public or private boards, commissions, or organizations to report their involvement to the office of the attorney general or the DA, respectively, within 30 days. Requires DAs to report investigations of said organizations if an ADA is a member, along with a plan to implement procedures to ensure that the Rules of Professional Conduct and the state laws are upheld. Broadly captioned.
Senate Status01/23/2012 - Referred to Senate Judiciary.
House Status02/01/2012 - Referred to House Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 8; Title 17; Title 39 and Title 40, relative to conflicts of interest.
Citations39-00-0000, 40-00-0000, 08-00-0000, 08-07-0100
SB2853 / HB2633 Filing fee charged by clerks.
CategoryPublic Employees
SponsorsSen. Ken Yager / Rep. Jon Lundberg
DescriptionRequires the court clerk to increase filing and data entry fee by $2.00 except in certain cases brought by the state.
Senate Status01/26/2012 - Referred to Senate Judiciary.
House Status01/25/2012 - Referred to House General Subcommittee of Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Section 8-21-401 and Section 8-21-409, relative to fees collected by court clerks.
Citations08-21-0401, 08-21-0409
SB2887 / HB3531 Terminates salary adjustments for judges with a felony.
CategoryPublic Employees
SponsorsSen. Randy McNally / Rep. Bill Dunn
DescriptionProhibits salary adjustments for any judge who is convicted, found guilty, pleads guilty, or nolo contendere to a felony constituting malfeasance in office. Broadly captioned.
Senate Status01/26/2012 - Referred to Senate Judiciary.
House Status02/01/2012 - Referred to House Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 8, Chapter 23; Title 16 and Title 17, relative to judicial compensation.
Citations17-00-0000, 16-00-0000, 08-23-0000, 08-23-0103
SB3166 / HB3796 Breach of fiduciary duty by public employees - insurance.
CategoryPublic Employees
SponsorsSen. Mike Faulk / Rep. Jim Gotto
DescriptionAllows a governmental entity to purchase an insurance policy that provides government crime coverage, employee dishonesty insurance coverage, or equivalent coverage that insures the faithful performance by officials and their employees of their fiduciary duties and responsibilities.
Senate Status01/30/2012 - Referred to Senate State & Local Government.
House Status02/02/2012 - Referred to House State & Local Government.
CaptionAN ACT to amend Tennessee Code Annotated, Title 8 and Title 29, relative to insurance to protect against certain acts and omissions by government officials and employees.
Citations08-00-0000, 29-00-0000, 08-19-0101, 29-20-0406
SB3188 / HB3490 Duties of executive director of the public defenders.
CategoryPublic Employees
SponsorsSen. Doug Overbey / Rep. Vance Dennis
DescriptionState Summary: As introduced, redefines the duties of the executive director of the public defenders conference. - Amends TCA Title 8, Chapter 14 and Title 9, Chapter 4.
Senate Status01/30/2012 - Referred to Senate Judiciary.
House Status02/01/2012 - Referred to House General Subcommittee of Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 8, Chapter 14 and Title 9, Chapter 4, relative to district public defenders.
Citations09-04-0000, 08-14-0000, 08-14-0403
SB3282 / HB2295 Public employees engaged in national guard duties.
CategoryPublic Employees
SponsorsSen. Dolores R. Gresham / Rep. John Ragan
DescriptionAdds that members of the Tennessee state guard and civil air patrol, while in engaged in performance of duty, should not lose supplemental pay or any other job related benefits.
Senate Status02/01/2012 - Referred to Senate Commerce, Labor & Agriculture.
House Status02/01/2012 - House General Subcommittee of Commerce deferred to 02/22/12.
CaptionAN ACT to amend Tennessee Code Annotated, Title 8, Chapter 33, Part 1, relative to employees in military service.
Citations08-33-0100, 08-33-0110
SB3721 / HB3774 Public employees' financial interest in certain entities.
CategoryPublic Employees
SponsorsSen. Roy B. Herron / Rep. Craig Fitzhugh
DescriptionCreates Class A misdemeanor for an official in the executive or legislative branch, or immediate family of such an official, to hold ownership or other financial interest in, or be employed by, a privatization enterprise.
Senate Status02/01/2012 - Referred to Senate State & Local Government.
House Status02/02/2012 - Referred to House General Subcommittee of State & Local Government.
CaptionAN ACT to amend Tennessee Code Annotated, Title 2, Chapter 10, Part 1; Title 3, Chapter 6; Title 8, Chapter 50, Part 5; Title 12, Chapter 4, Part 1 and Title 12, Chapter 3, Part 1, relative to governmental ethics.
Citations03-06-0000, 08-50-0500, 12-04-0100, 02-10-0100, 12-03-0100
HB3460 Responsibilities of public defenders conference.
CategoryPublic Employees
SponsorsRep. Vance Dennis
DescriptionState Summary: As introduced, removes certain responsibilities of the executive director of the district public defenders conference. - Amends TCA Title 8, Chapter 14 and Title 9, Chapter 4.
Senate StatusNone
House Status02/01/2012 - Referred to House Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 8, Chapter 14 and Title 9, Chapter 4, relative to district public defenders.
Citations09-04-0000, 08-14-0000, 08-14-0403

Public Finance - 5

SB2588 / HB2330 Impact statement on bills that enhance criminal penalties.
CategoryPublic Finance
SponsorsSen. Beverly Marrero / Rep. Jim Coley
DescriptionRequires fiscal notes for all bills that criminalize activities or increase existing criminal penalties that do not become law. These notes shall include a cost benefit analysis of the impact on the state of Tennessee and address the deleterious effects to persons and businesses if such bill does not become law.
Senate Status01/23/2012 - Referred to Senate State & Local Government.
House Status02/08/2012 - House General Subcommittee of State & Local Government deferred to summer study.
CaptionAN ACT to amend Tennessee Code Annotated, Title 3, Chapter 2, Part 1, relative to fiscal notes for certain bills affecting public health and safety.
Citations03-02-0107, 03-02-0100
SB2831 / HB3327 Taxpayer Transparency Act.
CategoryPublic Finance
SponsorsSen. Bill Ketron / Rep. Joe Carr
DescriptionRequires the department of finance and administration to create and maintain a single, searchable budget database web site by January 1, 2013 for the 2012-2013 fiscal year. Requires the database to be updated each fiscal year no later than 30 days following the close of the fiscal year, and all state agencies must provide the commissioner with all data that is required to be in the database.
Senate Status01/26/2012 - Referred to Senate Finance, Ways & Means.
House Status02/01/2012 - Referred to House General Subcommittee of Finance.
CaptionAN ACT to amend Tennessee Code Annotated, Title 9, Chapter 4, Part 51, to enact the "Taxpayer Transparency Act".
Citations09-04-5100
SB3011 / HB3265 Indigence income calculation revised.
CategoryPublic Finance
SponsorsSen. Becky Duncan Massey / Rep. Scotty Campbell
DescriptionChanges determination of indigence income, when evaluating statistics and reports submitted to the department of health on uncompensated care. The amount of indigence is revised to an amount not to exceed 133 percent instead of 100 percent of federal poverty guidelines.
Senate Status01/30/2012 - Referred to Senate Health & Welfare.
House Status02/01/2012 - Referred to House General Subcommittee of Health & Human Resources.
CaptionAN ACT to amend Tennessee Code Annotated, Title 68, Chapter 1, relative to the department of health.
Citations68-01-0000, 68-01-0109
SB3039 / HB3311 Funds not redeemed may be written off by state treasury.
CategoryPublic Finance
SponsorsSen. Randy McNally / Rep. Charles M. Sargent
DescriptionAuthorizes the commissioner of finance and administration to adopt policies for the canceling or writing off of any disbursement warrants that have not been redeemed within a maximum period of time as determined by the commissioner.
Fiscal NoteDated: January 29, 2012 Not significant.
Senate Status01/30/2012 - Referred to Senate Finance, Ways & Means.
House Status02/01/2012 - Referred to House General Subcommittee of Finance.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4; Title 9 and Title 66, Chapter 29, relative to disbursement of state funds.
Citations04-00-0000, 09-00-0000, 66-29-0000, 09-04-0601
SB3768 / HB3835 Appropriations - FY 2011-2012.
CategoryPublic Finance
SponsorsSen. Mark S. Norris / Rep. Gerald McCormick
DescriptionMakes appropriations for fiscal years beginning July 1, 2011, and July 1, 2012.
Senate Status02/09/2012 - Introduced in the Senate.
House Status02/09/2012 - Introduced in the House.
CaptionAN ACT to make appropriations for the purpose of defraying the expenses of the state government for the fiscal years beginning July 1, 2011, and July 1, 2012, in the administration, operation and maintenance of the legislative, executive and judicial branches of the various departments, institutions, offices and agencies of the state; for certain state aid and obligations; for capital outlay, for the service of the public debt, for emergency and contingency; to repeal certain appropriations and any acts inconsistent herewith; to provide provisional continuing appropriations; and to establish certain provisions, limitations and restrictions under which appropriations may be obligated and expended. This act makes appropriations for the purposes described above for the fiscal years beginning July 1, 2011, and July 1, 2012.
Citations

Taxes Business - 3

SB2711 / HB3673 Increases the litigation tax.
CategoryTaxes Business
SponsorsSen. Bill Ketron / Rep. Judd Matheny
DescriptionIncreases the privilege tax on litigation on all criminal charges from $1.00 to $4.00, effective July 1, 2012; moneys collected will be deposited to the statewide automated victim information and notification system. Broadly captioned.
Senate Status01/26/2012 - Referred to Senate Judiciary.
House Status02/01/2012 - Referred to House Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 40, Chapter 38 and Title 67, Chapter 4, Part 6, relative to the statewide automated victim information and notification system.
Citations40-38-0000, 67-04-0602, 67-04-0600
SB2726 / HB3064 Abolishes the recordation tax.
CategoryTaxes Business
SponsorsSen. Jim Summerville / Rep. John Ragan
DescriptionAbolishes the recordation tax and abolishes the wetland acquisition fund, the local parks land acquisition fund, the state land acquisition fund, and the agricultural resource conservation fund, which are all funded by the recordation tax.
Senate Status01/31/2012 - Referred to Senate Finance Tax Subcommittee.
House Status01/26/2012 - Referred to House Conservation & Environment.
CaptionAN ACT to amend Tennessee Code Annotated, Section 67-4-409, relative to the recordation tax.
Citations67-04-0409
SB3041 / HB3314 Payment of privilege tax for governmental employee.
CategoryTaxes Business
SponsorsSen. Randy McNally / Rep. Charles M. Sargent
DescriptionRequires that any governmental employee, on whose behalf the government chooses to pay the professional privilege tax, use their certification or licensure in connection with their government job.
Senate Status01/30/2012 - Referred to Senate State & Local Government.
House Status02/02/2012 - Referred to House General Subcommittee of State & Local Government.
CaptionAN ACT to amend Tennessee Code Annotated, Title 67, Chapter 4, Part 17, relative to the privilege of engaging in certain occupations.
Citations67-04-1700, 67-04-1709

Taxes General - 10

SB2189 / HB2428 Tax on new civil and criminal cases.
CategoryTaxes General
SponsorsSen. Doug Overbey / Rep. Judd Matheny
DescriptionAuthorizes local governments to impose a $25 litigation privilege tax on all civil and criminal cases. Funds shall be used on technology for sharing information among law enforcement agencies.
AmendmentSenate Judiciary amendment 1, House State and Local Government amendment 1(01253666) authorizes a local government, upon approval by a legislative body, an additional application for revenue through an existing privilege tax up to $25 on all civil and criminal cases to be used for the purpose of improving technologies associated with collecting, receiving, and maintaining records for local law enforcement agencies. Specifies that when expenses incurred for the project are recovered, the tax may no longer be levied.
Fiscal NoteDated: January 30, 2012 Increase local revenue - $1,929,800/FY12-13/permissive. $1,929,800/FY13-14/permissive. Exceeds $890,500/FY13-14/permissive. Increase local expenditures - exceeds $4,750,000/one-time/permissive.
Senate Status02/01/2012 - Referred to Senate Finance Tax Subcommittee.
House Status02/09/2012 - Set for House General Subcommittee of Finance 02/15/12.
CaptionAN ACT to amend Tennessee Code Annotated, Title 67, Chapter 4, Part 6, relative to revenue for certain computer related expenses of law enforcement agencies.
Citations67-04-0600, 67-04-0601
SB2495 / HB2635 Eliminates gift tax on transfers after January 1, 2013.
CategoryTaxes General
SponsorsSen. Jim Tracy / Rep. Terri Lynn Weaver
DescriptionEliminates gift tax on transfers made on or after January 1, 2013.
Senate Status01/24/2012 - Referred to Senate Finance Tax Subcommittee.
House Status01/25/2012 - Referred to House General Subcommittee of Finance.
CaptionAN ACT to amend Tennessee Code Annotated, Title 67, Chapter 8, relative to transfer taxes.
Citations67-08-0000, 67-08-0100, 67-08-0409, 67-08-0605
SB2649 / HB3052 Exemptions - inheritance taxes.
CategoryTaxes General
SponsorsSen. Ken Yager / Rep. Steve McDaniel
DescriptionIncreases, from $1,000,000 to $5,000,000, the single allowable exemption to be applied against net estate for state inheritance taxes. Requires exemption amount to match exemption for federal estate taxes. Requires state gift tax exemption to be the same as inflation adjusted exclusion amount for federal gift taxes.
Senate Status01/31/2012 - Referred to Senate Finance Tax Subcommittee.
House Status01/31/2012 - Referred to House General Subcommittee of Finance.
CaptionAN ACT to amend Tennessee Code Annotated, Title 67, Chapter 8, Part 1; Title 67, Chapter 8, Part 3 and Title 67, Chapter 8, Part 4, relative to transfer taxes.
Citations67-08-0316, 67-08-0300, 67-08-0400, 67-08-0100, 67-08-0102, 67-08-0104, 67-08-0106
SB2777 / HB2840 Eliminates inheritance gift tax.
CategoryTaxes General
SponsorsSen. Randy McNally / Rep. Charles M. Sargent
DescriptionEliminates the gift tax in 2013 and thereafter.
Senate Status01/31/2012 - Referred to Senate Finance Tax Subcommittee.
House Status01/25/2012 - Referred to House Finance, Ways & Means.
CaptionAN ACT to amend Tennessee Code Annotated, Title 67, Chapter 8, Part 6; Title 67, Chapter 8, Part 1 and Title 67, Chapter 8, Part 4, relative to the gift tax.
Citations67-08-0400, 67-08-0100, 67-08-0409, 67-08-0605, 67-08-0600, 67-08-0101
SB2860 / HB3081 Taxing adult entertainment industry, products.
CategoryTaxes General
SponsorsSen. Stacey Campfield / Rep. Joe Carr
DescriptionEnacts "Food Tax--Adult Materials Tax Swap Act." Imposes a 25 percent tax in addition to any other applicable tax on certain adult materials and services, such as adult magazines and movies, escort services, and advertising for a sexually-oriented business. Imposes occupational privilege tax on performers in adult cabarets. Creates the food tax reduction fund with moneys collected from this act; allows revenue to fund reductions in state sales taxes on food and food ingredients.
Senate Status01/31/2012 - Referred to Senate Finance Tax Subcommittee.
House Status01/26/2012 - Referred to House Government Operations.
CaptionAN ACT to amend Tennessee Code Annotated, Title 67, relative to enact the Food Tax - Adult Materials Tax Swap Act.
Citations67-00-0000, 67-04-1702, 67-06-0102, 67-06-0212
SB3214 / HB3807 Reports for bail bond tax.
CategoryTaxes General
SponsorsSen. Douglas Henry Jr. / Rep. Steve McDaniel
DescriptionRequires the department of revenue to provide, as it relates to the payment of the bail bond tax, relevant reports to the Administrative Office of the Courts and such other organizations as it deems appropriate.
Senate Status02/01/2012 - Referred to Senate Judiciary.
House Status02/06/2012 - Referred to House Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 67, Chapter 4.
Citations67-04-0000, 67-04-0802
SB3340 / HB3096 Exempts sole proprietorships from Hall income tax.
CategoryTaxes General
SponsorsSen. Bill Ketron / Rep. Joe Carr
DescriptionExempts sole proprietorships from the Hall income tax.
Senate Status02/01/2012 - Referred to Senate Finance, Ways & Means.
House Status02/01/2012 - Referred to House General Subcommittee of Finance.
CaptionAN ACT to amend Tennessee Code Annotated, Title 67, Chapter 2, Part 1, relative to the application of the income tax to certain forms of business.
Citations67-02-0104, 67-02-0100
SB3504 / HB3667 Millionaires' Tax Act.
CategoryTaxes General
SponsorsSen. Reginald Tate / Rep. Johnnie Turner
DescriptionEnacts the "Millionaires' Tax Act." Abolishes the Hall Income Tax. Eliminates sales tax on food items. Establishes an income tax wherein seven percent of personal income over $1 million is levied and collected annually. 81 pgs. Broadly captioned.
Senate Status02/01/2012 - Referred to Senate Finance, Ways & Means.
House Status02/01/2012 - Referred to House Government Operations.
CaptionAN ACT to amend Tennessee Code Annotated, Title 3; Title 4; Title 5; Title 6; Title 7; Title 8; Title 9; Title 12; Title 16; Title 30; Title 36; Title 39; Title 40; Title 45; Title 47; Title 48; Title 55; Title 56; Title 57; Title 61; Title 62; Title 67; Title 68; Title 69; Title 70 and Title 71, to enact the "Millionaires' Tax Act".
Citations67-00-0000, 36-00-0000, 07-00-0000, 57-00-0000, 68-00-0000, 39-00-0000, 40-00-0000, 03-00-0000, 04-00-0000, 05-00-0000, 06-00-0000, 47-00-0000, 56-00-0000, 12-00-0000, 71-00-0000, 69-00-0000, 70-00-0000, 62-00-0000, 45-00-0000, 09-00-0000, 08-00-0000, 67-06-0103, 55-00-0000, 67-02-0100, 67-06-0228, 16-00-0000, 48-00-0000, 30-00-0000, 61-00-0000, 67-02-0000, 67-02-0102, 67-06-0700
SB3539 / HB2947 Income from trust funds for perpetual care of cemetery.
CategoryTaxes General
SponsorsSen. Rusty Crowe / Rep. Kent Williams
DescriptionMakes the current Hall Income Tax exemption on income derived from a trust fund created for the perpetual care of a private cemetery, apply to trust funds in a trust created for the perpetual care of cemeteries, private or non-private. According to the department of revenue, this bill makes a technical correction concerning Public Acts 2011, Public Chapter 490, which made income from stocks and bonds of trusts for perpetual care or improvement of private cemeteries, graves, or burial grounds exempt from Hall Income Tax.
Senate Status02/01/2012 - Referred to Senate Finance, Ways & Means.
House Status02/09/2012 - Set for House Commerce Committee 02/14/12.
CaptionAN ACT to amend Tennessee Code Annotated, Title 67, relative to trust funds for cemeteries.
Citations67-00-0000, 67-02-0104
HB2293 Exemption against a net estate - inheritance taxes.
CategoryTaxes General
SponsorsRep. Cameron Sexton
DescriptionAllows an exemption against a net estate for inheritance tax purposes in an amount that includes basic exemption amount not applied against estate of last deceased spouse.
Senate StatusNone
House Status01/24/2012 - Referred to House General Subcommittee of Finance.
CaptionAN ACT to amend Tennessee Code Annotated, Title 67, Chapter 8, relative to transfer taxes.
Citations67-08-0000, 67-08-0316

Taxes Property - 5

SB2935 / HB2967 Failure to attend when summoned by comptroller.
CategoryTaxes Property
SponsorsSen. Mark S. Norris / Rep. Michael Harrison
DescriptionAdds that the Class C misdemeanor offense for failure to attend when summoned by the comptroller is punishable by fine only.
Senate Status01/30/2012 - Referred to Senate State & Local Government.
House Status01/31/2012 - Referred to House General Subcommittee of State & Local Government.
CaptionAN ACT to amend Tennessee Code Annotated, Title 67, relative to property taxes.
Citations67-00-0000, 67-05-1321
SB2944 / HB2974 Residential real estate held by LLCs.
CategoryTaxes Property
SponsorsSen. Mark S. Norris / Rep. Gerald McCormick
DescriptionStates that real estate owned by LLCs and used as low-income housing shall be treated as federally assisted housing for purposes of property taxes.
Senate Status01/30/2012 - Referred to Senate Commerce, Labor & Agriculture.
House Status01/26/2012 - Referred to House Commerce.
CaptionAN ACT to amend Tennessee Code Annotated, Title 67, relative to affordable housing rental property.
Citations67-00-0000, 67-05-0207
SB3072 / HB3090 Increases time for petition challenging.
CategoryTaxes Property
SponsorsSen. Jack Johnson / Rep. Charles M. Sargent
DescriptionIncreases from 20 to 30 days in which a petition challenging determination of capitalization rate, income estimates or land values must be filed with state board of equalization after publication of notice of the availability of the proposed use value schedule in a newspaper of general circulation within the county.
Senate Status01/30/2012 - Referred to Senate State & Local Government.
House Status02/01/2012 - Referred to House General Subcommittee of Finance.
CaptionAN ACT to amend Tennessee Code Annotated, Title 66, Chapter 9, Part 3 and Title 67, Chapter 5, Part 10, relative to the preservation of open space.
Citations67-05-1000, 67-05-1008, 66-09-0300
SB3596 / HB3527 Notice on delinquent property taxes.
CategoryTaxes Property
SponsorsSen. Bo Watson / Rep. Ryan A. Haynes
DescriptionState Summary: As introduced, allows notice by delivery service alternatives to certified or registered mail, return receipt requested as authorized by federal law in regard to notice to a taxpayer of a tax lien suit. - Amends TCA Title 67, Chapter 5.
Senate Status02/01/2012 - Referred to Senate State & Local Government.
House Status02/01/2012 - Referred to House State & Local Government.
CaptionAN ACT to amend Tennessee Code Annotated, Title 67, Chapter 5, relative to delinquent property taxes.
Citations67-05-0000, 67-05-2415
SB3762 / HB3760 Increasing inheritance tax exemption maximum.
CategoryTaxes Property
SponsorsSen. Mark S. Norris / Rep. Gerald McCormick
DescriptionIncreases the maximum allowable inheritance tax exemption from $1 million to $1.25 million.
Senate Status02/02/2012 - Referred to Senate Finance, Ways & Means.
House Status02/02/2012 - Referred to House Finance, Ways & Means.
CaptionAN ACT to amend Tennessee Code Annotated, Title 67, Chapter 8, relative to inheritance tax.
Citations67-08-0000, 67-08-0316

Taxes Sales - 5

SB2232 / HB2370 Determination of physical presence in state - nexus.
CategoryTaxes Sales
SponsorsSen. Mark S. Norris / Rep. Gerald McCormick
DescriptionEstablishes requirements for determining whether certain affiliates have physical presence in this state sufficient to establish nexus for sales and use tax purposes. Specifies that the activities of a business's affiliates in this state, including the sale of tangible personal property for resale and other non-retail activities, may not be considered in determining whether the person has a physical presence in Tennessee sufficient to establish nexus for sales and use tax purposes. However, this provision would not apply to an affiliate that performs, within Tennessee, the following retail activities on behalf of a business: (1) The operation of a retail store or kiosk at which customers make purchases, return or exchange items or place orders of tangible personal property; or (2) The use of personnel to solicit sales of tangible personal property. Specifies that provisions are to be repealed January 1, 2014. (Part of Administration Package 2012)
Senate Status02/07/2012 - Senate Finance Tax Subcommittee deferred to 02/14/12.
House Status02/09/2012 - Set for House Calendar & Rules Committee 02/14/12.
CaptionAN ACT to amend Tennessee Code Annotated, Title 67, Chapter 6, relative to the collection of sales and use tax.
Citations67-06-0000, 67-06-0500
SB2354 / HB2735 Solar panels for business use exempted from sales tax.
CategoryTaxes Sales
SponsorsSen. Tim Barnes / Rep. Joe Pitts
DescriptionExempts solar panels bought exclusively for businesses from sales tax.
Fiscal NoteDated: January 28, 2012 Decrease state revenue - net impact - $526,900. Decrease local revenue - $222,600.
Senate Status02/07/2012 - Senate Finance Tax Subcommittee deferred to 02/21/12.
House Status01/25/2012 - Referred to House General Subcommittee of Commerce.
CaptionAN ACT to amend Tennessee Code Annotated, Title 67, Chapter 6, Part 3, relative to solar panels.
Citations67-06-0300, 67-06-0334
SB2355 / HB2736 Solar panels for residential use exempted from sales tax.
CategoryTaxes Sales
SponsorsSen. Tim Barnes / Rep. Joe Pitts
DescriptionExempts solar panels bought exclusively for residential property from sales tax.
Fiscal NoteDated: January 29, 2012 Decrease state revenue - net impact - $351,300. Decrease local revenue - $148,400.
Senate Status02/07/2012 - Senate Finance Tax Subcommittee deferred to 02/21/12.
House Status01/25/2012 - Referred to House General Subcommittee of Commerce.
CaptionAN ACT to amend Tennessee Code Annotated, Section 67-6-334, relative to solar panels.
Citations67-06-0334
SB2441 / HB2582 Tennessee New Entrepreneur Tax Credit Act.
CategoryTaxes Sales
SponsorsSen. Lowe Finney / Rep. Craig Fitzhugh
DescriptionEnacts the "Tennessee New Entrepreneur Tax Credit Act," which provides tax credits to applicants for creating or expanding microbusinesses that contribute to the state's economy through the creation of income or jobs. Microbusinesses must have five or fewer employees and be located in this state. Credits are based on demonstrated growth of applicant's business over two years. Microbusiness does not include a farm or livestock operation except in certain cases as defined. Describes application requirements and process. Authorizes department of revenue to approve applicants up to the adjusted limit each year, which is $2 million plus tentative tax credits not granted the proceeding year, beginning January 1, 2013 through December 31, 2022. Limits any one taxpayer and related person to $10,000 credit. Requires commissioner to submit an annual report, as described, to the finance, ways and means committees of each house.
Senate Status01/24/2012 - Referred to Senate Finance Tax Subcommittee.
House Status01/25/2012 - Referred to House General Subcommittee of Commerce.
CaptionAN ACT to amend Tennessee Code Annotated, Title 67, Chapter 4, relative to credits against franchise and excise tax liability.
Citations67-04-0000
HJR539 Constitutional amendment - cap on combined rate.
CategoryTaxes Sales
SponsorsRep. James O. Naifeh
DescriptionProposes an amendment to establish a cap on the combined rate of state and local sales and use tax.
Fiscal NoteDated: January 28, 2012 Increase state expenditures - $18,000/one-time.
Senate StatusNone
House Status02/01/2012 - House General Subcommittee of Finance deferred to 02/22/12.
CaptionA RESOLUTION to amend Article II, Section 28 of the Constitution of Tennessee, relative to taxation.
Citations

Tenncare - 1

SB2782 / HB2871 Summer study to examine distribution of benefits.
CategoryTenncare
SponsorsSen. Randy McNally / Rep. Julia Hurley
DescriptionDirects the department of human services to conduct a summer study to examine the efficiency of the department's sliding scale distribution of benefits to recipients whose income increased to the maximum amount to receive benefits. Requires department to report its findings to the health committees of the house and senate.
Senate Status01/26/2012 - Referred to Senate Health & Welfare.
House Status01/31/2012 - Referred to House General Subcommittee of Health & Human Resources.
CaptionAN ACT to amend Tennessee Code Annotated, Title 71, Chapter 5, Part 3, relative to food stamps.
Citations71-05-0300

Tort Liability - 7

SB2120 / HB2161 Change to the "Tennessee Civil Justice Act of 2011."
CategoryTort Liability
SponsorsSen. Brian K. Kelsey / Rep. Vance Dennis
DescriptionSpecifies that the limitations on the amount of noneconomic damages, and punitive damages imposed the "Tennessee Civil Justice Act of 2011" would not apply when the defendant's act or omission results in the defendant being convicted of a felony under the laws of any state or under federal law, and that act or omission caused the damages or injuries.
AmendmentHouse Judiciary amendment 1 (01118471) removes now outdated references to "created by HB 2008 / SB 1522 (Chapter ___ of the Public Acts of 2011)" and replaces with references to the current code.
Fiscal NoteDated: August 5, 2011 Not significant.
Senate Status01/12/2012 - Referred to Senate Judiciary.
House Status02/09/2012 - Set for House Calendar & Rules Committee 02/14/12.
CaptionAN ACT to amend Tennessee Code Annotated, Title 20; Title 27; Title 29 and Title 47, relative to the civil justice system.
Citations47-00-0000, 27-00-0000, 20-00-0000, 29-00-0000, 29-39-0102, 29-39-0104
SB2141 / HB2810 Limits joint & several liability in comparative fault cases.
CategoryTort Liability
SponsorsSen. Brian K. Kelsey / Rep. Vance Dennis
DescriptionBars the use of joint and several liability for allocating damages in cases where separate, independent acts of more than one tortfeasor cause an indivisible injury or cases in which the injury caused by the original tortfeasor is enhanced by a third party rendering aid. Provides that joint and several liability will remain in effect in cases involving the family purpose doctrine. Requires the trier of fact to consider all parties who contributed to the alleged injury or property damage when assessing percentages of fault, including non-parties and parties immune from suit. Provides that in cases governed by worker's compensation law a party immune from suit may not be considered by the trier of fact in allocating fault.
Senate Status02/09/2012 - Set for Senate Judiciary Committee 02/14/12.
House Status01/25/2012 - Referred to House General Subcommittee of Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 20, Chapter 6, Part 1 and Title 29, Chapter 11, Part 1, relative to the doctrine of joint and several liability.
Citations29-11-0100, 20-06-0100
SB2142 / HB2811 Landowner owes no duty of care to trespassers.
CategoryTort Liability
SponsorsSen. Brian K. Kelsey / Rep. Vance Dennis
DescriptionProvides that a landowner owes no duty of care to trespassers and is not subject to civil liability for any injury, property damage, or death suffered by a trespasser while on the landowner's land. Lists circumstances under which a landowner is subject to liability for any injury, death, or property damage suffered by a trespasser based off conditions such as age of the trespasser, intent or reasonable care of the landowner, the degree of danger of the landowner's activity, or a failure to warn. Provides a business owner will not be liable for injuries to a person on the business property caused by criminal conduct of a third party.
Senate Status01/12/2012 - Referred to Senate Judiciary.
House Status01/25/2012 - Referred to House General Subcommittee of Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 29, Chapter 34, relative to landowner liability.
Citations29-34-0000
SB2151 / HB2192 Landowner not liable for recreation land use without charge.
CategoryTort Liability
SponsorsSen. Bill Ketron / Rep. Pat Marsh
DescriptionRewrites the statute regarding a landowner's duty of care to persons on the land for recreational purposes. Provides that a landowner has no duty of care to keep the land safe for recreational activities or warn of hazardous conditions to those granted permission to use the land without charge. Lists exceptions under which a landowner owes a duty of care to persons invited on the land for recreational activities including circumstances of gross negligence by the owner, the landowner charges or extends the invitation for commercial benefit, or an attractive nuisance is present on the land. Provides that a landowner granting permission to use land for recreational purposes does not assure the land is safe or assume responsibility for damage or injury. Exempts a landowner from any liability for death or injury caused during recreational use of the land permitted by a lessee or occupant, unless the owner has reason to know of such use and fails to make a good faith attempt to prevent it.
Fiscal NoteDated: January 5, 2012 Not significant.
Senate Status01/31/2012 - Senate Judiciary deferred to 02/21/2012.
House Status02/01/2012 - House General Subcommittee of Judiciary deferred to 02/22/12.
CaptionAN ACT to amend Tennessee Code Annotated, Title 20; Title 29; Title 49 and Title 70, Chapter 7, relative to recreational land use.
Citations49-00-0000, 20-00-0000, 29-00-0000, 70-07-0102, 70-07-0103, 70-07-0000, 70-07-0101, 70-07-0100
SB2765 / HB2829 Immunity from civil liability - ice-skating rink operators.
CategoryTort Liability
SponsorsSen. Doug Overbey / Rep. Richard Montgomery
DescriptionProhibits ice skating rink operators liable for damages or injuries to an ice skater or spectator if the operator complies with certain requirements.
Senate Status01/26/2012 - Referred to Senate Judiciary.
House Status01/25/2012 - Referred to House Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 29, relative to ice-skating.
Citations29-00-0000, 29-34-0000
SB3101 / HB3717 Clarifications regarding TN Civil Justice Reform Act of '11.
CategoryTort Liability
SponsorsSen. Mark S. Norris / Rep. Gerald McCormick
DescriptionProvides that the damages that may be awarded in a health care libility action in which liability is admitted or established are subject to the "Tennessee Civil Justice Reform Act of 2011."
Senate Status01/30/2012 - Referred to Senate Judiciary.
House Status02/01/2012 - Referred to House General Subcommittee of Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Section 7-57-502; Section 8-42-101; Section 8-21-401; Section 9-8-307; Section 10-7-504; Section 28-3- 104; Section 29-26-118; Section 29-26-119; Section 29-26-120; Section 29-26-121; Section 29-26-122; Section 29-26-202; Section 29-20-310; Section 29-26-115; Section 29-26-116; Section 29-26-117; Section 37-5-314; Section 56-3-111; Section 56-30-115; Section 56-31-114; Section 56-32-110; Section 56-32-130; Section 56-54-101; Section 56-54-102; Section 56-54-103; Section 56-54-104; Section 56-54-105; Section 56-54-106; Section 56-7-1001; Section 56-7-101; Section 56- 7-115; Section 56-8-104; Section 56-13-104; Section 56-19-125; Section 56-2-201; Section 56- 27-115; Section 61-1-306; Section 62-3-121; Section 63-25-110; Section 63-27-112; Section 63-3-119; Section 63-30-111; Section 63-31-109; Section 63-4-114; Section 63-5-124; Section 63- 51-105; Section 63-51-111; Section 63-51-117; Section 63-6-214; Section 63-6-219; Section 63-6- 221; Section 63-6-234; Section 63-8-120; Section 63-9-111; Section 63-9-117; Section 63-11-215; Section 63-12-124; Section 63-13-209; Section 63-23-108; Section 68-140-311; Section 68-140- 511 and Section 68-11-223, relative to Tennessee Civil Justice Act of 2011.
Citations29-26-0119, 29-26-0120, 29-26-0115, 29-26-0117, 63-12-0124, 10-07-0504, 63-51-0117, 56-32-0130, 68-11-0223, 56-08-0104, 63-06-0219, 08-42-0101, 07-57-0502, 63-06-0214, 63-09-0111, 08-21-0401, 63-03-0119, 62-03-0121, 63-06-0221, 09-08-0307, 63-51-0105, 68-140-0511, 29-26-0116, 29-26-0118, 29-26-0121, 29-26-0122, 37-05-0314, 56-54-0106, 56-54-0104, 56-13-0104, 28-03-0104, 63-04-0114, 63-05-0124, 63-11-0215, 63-13-0209, 63-23-0108, 63-25-0110, 63-27-0112, 68-140-0311, 29-26-0202, 29-20-0310, 53-03-0111, 56-30-0115, 56-31-0114, 56-32-0111, 56-54-0101, 56-54-0102, 56-54-0103, 56-54-0105, 56-07-1001, 56-07-001, 56-07-0115, 56-19-0125, 56-02-0201, 56-27-0115, 61-01-0306, 63-30-0111, 63-31-0109, 63-51-0111, 63-06-0234, 63-08-0120, 63-09-0117
SB3179 / HB3294 Limits liability of whitewater rafting companies.
CategoryTort Liability
SponsorsSen. Mike Bell / Rep. Jeremy Faison
DescriptionProvides immunity from civil liability to persons who operate whitewater rafting operations for an injury to or the death of a participant resulting from the inherent risks of whitewater activities, such as water, rocks, cold and negligence on the part of the participant. In addition, this bill prohibits any person who participates in whitewater activity or any such participant's representative from making any claim against, maintaining an action against, or recovering from a whitewater professional, or any other participant for injury, loss, damages, or death of the participant resulting from any of the inherent risks of whitewater activities. Requires persons who operate whitewater rafting operations to post and maintain warning signs concerning the limitation of liability that this bill provides to operators or give the warning in writing to participants. In addition, the warning must be included in all whitewater rafting service contracts made between operators and participants.
Senate Status02/09/2012 - Set for Senate Judiciary Committee 02/14/12.
House Status01/30/2012 - Referred to House Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 70, relative to limiting the liability of persons engaging in whitewater activities.
Citations70-00-0000, 70-07-0000

Transportation Vehicles - 13

SB2236 / HB2374 Requirements for motor vehicle accident reports.
CategoryTransportation Vehicles
SponsorsSen. Mark S. Norris / Rep. Gerald McCormick
DescriptionChanges present law by requiring that accident reports submitted by law enforcement to the department of safety must be submitted in electronic, rather than written, format. An accident report submitted by a driver of a vehicle involved in an accident will be submitted in a manner approved by the department. This bill replaces the present law requirement that the department of safety develop and provide accident report forms with a requirement that the department advise suitable persons on the method of submitting accident reports. Authorizes payment of the $4.00 accident report fee to be paid by means in addition to cash or check. (Part of Administration Package 2012)
Senate Status02/09/2012 - Set for Senate Consent 2 02/13/12.
House Status02/09/2012 - Set for House Floor 02/13/12.
CaptionAN ACT to amend Tennessee Code Annotated, Title 55, Chapter 10, relative to motor vehicle accident reports.
Citations55-10-0108, 55-10-0000, 55-10-0111
SB2238 / HB2376 Documents needed for reinstatement of driver license.
CategoryTransportation Vehicles
SponsorsSen. Mark S. Norris / Rep. Gerald McCormick
DescriptionUnder current law, any applicant applying for a driver license, instruction permit, intermediate driver license or photo identification license, upon initial issuance or reinstatement, must provide either an original or certified copy of either documentation that the applicant is a U.S. citizen or documentation issued by the U.S. government establishing that the applicant is a lawful permanent resident. This bill specifies that any applicant applying for reinstatement of his or her driver's license on or after July 1, 2012, for which the department of safety already has such documents, would be deemed in compliance with the above requirement, unless otherwise required by law. (Part of Administration Package 2012)
Senate Status02/09/2012 - Set for Senate Transportation & Safety Committee 02/15/12.
House Status01/31/2012 - House Transportation recommended. Sent to Calendar & Rules.
CaptionAN ACT to amend Tennessee Code Annotated, Section 55-50-321(c), relative to reinstatement of driver license.
Citations55-50-0321
SB2292 / HB2439 Permits police, clerks to verify insurance electronically.
CategoryTransportation Vehicles
SponsorsSen. Bo Watson / Rep. Vince Dean
DescriptionProhibits issuance or renewal of title or registration unless insurance coverage is electronically verified. Allows law enforcement and county clerks to electronically verify insurance status of any vehicle. Provides that a valid insurance coverage indicator on the vehicle's electronic record shall be acceptable evidence of insurance in lieu of an officer requesting other types of evidence.
Senate Status01/13/2012 - Referred to Senate Commerce, Labor & Agriculture.
House Status01/24/2012 - Referred to House General Subcommittee of Commerce.
CaptionAN ACT to amend Tennessee Code Annotated, Title 55, Chapter 12; Title 55, Chapter 3; Title 55, Chapter 4 and Title 56, relative to verification of financial responsibility of motor vehicles.
Citations56-00-0000, 55-04-0000, 55-12-0139, 55-03-0000, 55-12-0000, 55-04-0101, 55-12-0100, 55-03-0103
SB2468 / HB2197 Liability insurance for persons with two or more DUI's.
CategoryTransportation Vehicles
SponsorsSen. Randy McNally / Rep. Julia Hurley
DescriptionRequires a person with two or more DUI convictions, after January 1, 2013, to maintain twice the amount of liability insurance, deposit of cash, or bond filed with the commissioner of safety in order to comply with financial responsibility laws. or bond filed with the commissioner of safety in order to comply with financial responsibility laws. - Amends TCA Title 55.
Senate Status01/19/2012 - Referred to Senate Commerce, Labor & Agriculture.
House Status01/12/2012 - Referred to House Commerce.
CaptionAN ACT to amend Tennessee Code Annotated, Title 55, relative to proof of financial responsibility.
Citations55-00-0000, 55-12-0102
SB2602 / HB2721 English only for driver license examinations.
CategoryTransportation Vehicles
SponsorsSen. Mae Beavers / Rep. Mark Pody
DescriptionRequires that all written and oral examinations administered by the department of safety for issuance of driver licenses, intermediate driver licenses, temporary driver licenses and temporary intermediate driver licenses be in English only.
Senate Status01/23/2012 - Referred to Senate Transportation & Safety Committee.
House Status01/25/2012 - Referred to House General Subcommittee of Transportation.
CaptionAN ACT to amend Tennessee Code Annotated, Title 55, Chapter 50, Part 3, relative to the issuance of driver licenses.
Citations55-50-0300, 55-50-0322
SB2872 / HB3031 Disclosure of traffic citations from red-light cameras.
CategoryTransportation Vehicles
SponsorsSen. Steve Southerland / Rep. David B. Hawk
DescriptionProhibits the disclosure of records or information regarding traffic citations from red-light cameras to consumer reporting agencies. Also prohibits such information from being identified in credit reports.
Senate Status02/09/2012 - Set for Senate Transportation & Safety Committee 02/15/12.
House Status02/08/2012 - House General Subcommittee of Commerce deferred to 02/22/12.
CaptionAN ACT to amend Tennessee Code Annotated, Section 55-8-198, relative to the disclosure of citations based on traffic surveillance cameras.
Citations55-08-0198
SB2899 / HB3136 Notice - impoundment of methamphetamine vehicles.
CategoryTransportation Vehicles
SponsorsSen. Jim Tracy / Rep. Phillip Johnson
DescriptionRequires any law enforcement agency that impounds a motor vehicle due to the manufacture of methamphetamine on or within it to notify, within 30 days of impoundment, the last known registered owner and all lienholders that the vehicle has been impounded; specifies information the notice must contain.
Senate Status01/26/2012 - Referred to Senate Judiciary.
House Status02/01/2012 - Referred to House General Subcommittee of Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 55, Chapter 3, Part 2, relative to notification of the impoundment of methamphetamine vehicles.
Citations55-03-0200, 55-03-0213
SB2913 / HB2749 Use of ignition interlock system.
CategoryTransportation Vehicles
SponsorsSen. Doug Overbey / Rep. Tony Shipley
DescriptionRequires judges, if granting a restricted license after a violation of implied consent, to equip the person's car with a functioning ignition interlock that will remain on the vehicle during the entire period of restricted license.
Senate Status01/30/2012 - Referred to Senate Judiciary.
House Status02/09/2012 - Set for House General Subcommittee of Judiciary 02/15/12.
CaptionAN ACT to amend Tennessee Code Annotated, Title 55, Chapter 10, Part 4, relative to implied consent violations.
Citations55-10-0400, 55-10-0406
SB2914 / HB2752 Implied consent.
CategoryTransportation Vehicles
SponsorsSen. Doug Overbey / Rep. Tony Shipley
DescriptionClarifies that a person may be compelled to submit to an alcohol test if they have been involved in a wreck resulting in injury or death, has a court order, or a search warrant.
Senate Status01/30/2012 - Referred to Senate Judiciary.
House Status02/09/2012 - Set for House General Subcommittee of Judiciary 02/15/12.
CaptionAN ACT to amend Tennessee Code Annotated, Title 55, Chapter 10, Part 4, relative to driving under the influence and implied consent to be tested for intoxicants.
Citations55-10-0400, 55-10-0406
SB2915 / HB2750 DUI violations - defense.
CategoryTransportation Vehicles
SponsorsSen. Doug Overbey / Rep. Tony Shipley
DescriptionExpands the list of substances that do not constitute a defense in cases of DUI, even if the driver is entitled to use them, from narcotic and barbital drugs to any intoxicant, marijuana, controlled substance, drug or substance affecting the central nervous system.
Senate Status01/30/2012 - Referred to Senate Judiciary.
House Status02/09/2012 - Set for House General Subcommittee of Judiciary 02/15/12.
CaptionAN ACT to amend Tennessee Code Annotated, Title 55, Chapter 10, Part 4, relative to driving under the influence of an intoxicant.
Citations55-10-0400, 55-10-0402
SB2950 / HB3274 Loaning of vehicle to customer by car dealership.
CategoryTransportation Vehicles
SponsorsSen. Brian K. Kelsey / Rep. Linda Elam
DescriptionRequires that car dealerships not be held vicariously liable when loaning a vehicle to a customer with proof of insurance, except in the case of gross negligence.
Senate Status01/30/2012 - Referred to Senate Judiciary.
House Status01/30/2012 - Referred to House Judiciary.
CaptionAN ACT to amend Tennessee Code Annotated, Title 55, relative to loaner vehicles.
Citations55-00-0000, 55-10-0311, 55-10-0312
SB3172 / HB2722 Davidson County suspended licenses.
CategoryTransportation Vehicles
SponsorsSen. Joe M. Haynes / Rep. Brenda Gilmore
DescriptionDeletes the June 30, 2012 repeal date for the reduced payment option available to persons in Davidson County whose licenses have been suspended for certain driving offenses and who have outstanding fines and costs.
Senate Status01/30/2012 - Referred to Senate Transportation & Safety.
House Status01/25/2012 - Referred to House General Subcommittee of Transportation.
CaptionAN ACT to amend Tennessee Code Annotated, Section 55-50-502, relative to driver license recovery for certain persons with suspended driver licenses.
Citations55-50-0502
SB3327 / HB3532 Failure to maintain liability insurance by repo agencies.
CategoryTransportation Vehicles
SponsorsSen. Bill Ketron / Rep. Charles Curtiss
DescriptionProhibits a person or business enterprise from contracting or engaging in the repossession or attempted repossession of any motor vehicle when such person or business does not maintain a policy of liability insurance having coverage limits in the amount of $1,000,000 or more. Specifies that a violation is a Class A misdemeanor.
Senate Status02/01/2012 - Referred to Senate Commerce, Labor & Agriculture.
House Status02/01/2012 - Referred to House General Subcommittee of Commerce.
CaptionAN ACT to amend Tennessee Code Annotated, Title 39; Title 40; Title 45; Title 54; Title 55; Title 56; Title 62 and Title 68, relative to the repossession of motor vehicles.
Citations68-00-0000, 39-00-0000, 40-00-0000, 56-00-0000, 62-00-0000, 54-00-0000, 45-00-0000, 55-00-0000, 55-05-000

Utilities - 1

SB2247 / HB2385 Membership of TRA revised.
CategoryUtilities
SponsorsSen. Mark S. Norris / Rep. Gerald McCormick
DescriptionChanges the membership of the TRA to five part-time directors instead of four full-time directors. Sets directors' salaries at $36,000. Adds educational and experiential requirement for directors. Sets distinct staggered terms. Requires monthly meetings that may be waived. Adds to duties of the chair. Requires governor to appoint an executive director of the authority. Outlines provisions and duties of executive director.(Part of Administration Package 2012)
Senate Status01/13/2012 - Referred to Senate Government Operations.
House Status01/17/2012 - Referred to House General Subcommittee of State & Local Government.
CaptionAN ACT to amend Tennessee Code Annotated, Title 65, relative to the Tennessee Regulatory Authority.
Citations65-00-0000, 65-01-0101, 65-01-0104, 65-01-0105, 65-01-0111, 65-01-0103

Workers Compensation - 6

SB2691 / HB2706 Sole proprietors exempted from certain fees.
CategoryWorkers Compensation
SponsorsSen. Joe M. Haynes / Rep. Mike Turner
DescriptionExempts sole proprietors from paying certain fees assessed by the secretary of state's office in relation to workers compensation.
Senate Status01/25/2012 - Referred to Senate Commerce, Labor & Agriculture.
House Status01/25/2012 - Referred to House General Subcommittee of Consumer & Employee Affairs.
CaptionAN ACT to amend Tennessee Code Annotated, Title 50, Chapter 6, relative to workers compensation.
Citations50-06-0000, 50-06-0912
SB2830 / HB3806 Governmental Tort Liability Act - government entities.
CategoryWorkers Compensation
SponsorsSen. Bill Ketron / Rep. Mark White
DescriptionApplies the Governmental Tort Liability Act to certain government entities for workers' compensation purposes. Excludes Knox, Davidson and Shelby counties, as well as municipalities of more than 100,000 residents.
Senate Status01/26/2012 - Referred to Senate Commerce, Labor & Agriculture.
House Status02/06/2012 - Referred to House General Subcommittee of Consumer & Employee Affairs.
CaptionAN ACT to amend Tennessee Code Annotated, Title 29, Chapter 20; Title 49, Chapter 5 and Title 50, Chapter 6, relative to application of the Workers' Compensation Law to government entities and officials.
Citations29-20-0000, 50-06-0000, 49-05-0000, 29-20-0106, 49-05-0714
SB3315 / HB3372 Advisory council on workers' compensation - broad caption.
CategoryWorkers Compensation
SponsorsSen. Jack Johnson / Rep. Mark White
DescriptionExtends to 14 days from 10 days the time period for the advisory council on workers' compensation to provide specified information to the general assembly. Broadly captioned.
Senate Status02/01/2012 - Referred to Senate Commerce, Labor & Agriculture.
House Status02/02/2012 - Referred to House General Subcommittee of Consumer & Employee Affairs.
CaptionAN ACT to amend Tennessee Code Annotated, Title 29; Title 50, Chapter 6 and Title 56, relative to workers' compensation.
Citations56-00-0000, 29-00-0000, 50-06-0000, 50-06-0121
SB3370 / HB3221 Impairment ratings for mental injuries.
CategoryWorkers Compensation
SponsorsSen. Eric Stewart / Rep. Gary Odom
DescriptionAuthorizes psychologists licensed in this state to provide impairment ratings for mental injuries in workers' compensation cases. Requires the psychologist, in providing the impairment rating, to use appropriate method that are accepted by the medical or psychological community.
Senate Status02/01/2012 - Referred to Senate Commerce, Labor & Agriculture.
House Status02/01/2012 - Referred to House General Subcommittee of Consumer & Employee Affairs.
CaptionAN ACT to amend Tennessee Code Annotated, Title 50, Chapter 6, relative to workers' compensation.
Citations50-06-0000, 50-06-0204
SB3515 / HB2997 Appointing of department attorney for indigent claimant.
CategoryWorkers Compensation
SponsorsSen. Reginald Tate / Rep. Antonio Parkinson
DescriptionProvides indigent workers' comp claimant with an attorney from department if employer is represented by attorney.
Senate Status02/01/2012 - Referred to Senate Commerce, Labor & Agriculture.
House Status01/31/2012 - Referred to House General Subcommittee of Consumer & Employee Affairs.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4; Title 23 and Title 50, relative to legal representation for unemployment security claimants.
Citations04-00-0000, 50-00-0000, 23-00-0000, 50-07-0304
HB2202 Representation of indigent claimants.
CategoryWorkers Compensation
SponsorsRep. Antonio Parkinson
DescriptionRequires the commissioner of labor and workforce development to appoint a department attorney to any indigent claimant in an unemployment benefit appeal upon request when an employer is represented by counsel at appeal. Provides that the employer will pay the costs of a claimant's legal representation if the claimant prevails, otherwise cost comes from the department's existing resources. Broadly captioned.
Fiscal NoteDated: January 14, 2012 Increase state revenue $88,500/General Fund. Increase state expenditures $448,700/General Fund. $23,300/Unemployment Insurance Trust Fund.
Senate StatusNone
House Status02/09/2012 - Withdrawn in House.
CaptionAN ACT to amend Tennessee Code Annotated, Title 4; Title 23 and Title 50, relative to legal representation for unemployment security claimants.
Citations04-00-0000, 50-00-0000, 23-00-0000, 50-07-0304

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