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 | Category | Agriculture | | Sponsors | Rep. Joe Towns Jr. | | Description | Enacts
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 Status | None | | House Status | 02/01/2012 - Referred to House Agriculture. House Government Operations will review if recommended. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 47, Chapter 18 and Title 53, relative to food labeling requirements. | | Citations | 53-00-0000, 47-18-0000, 47-18-0104, 53-01-0103, 53-01-0000 |
Banking & Credit - 9 | Category | Banking & Credit | | Sponsors | Sen. Mark S. Norris / Rep. Gerald McCormick | | Description | Authorizes
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 Status | 02/09/2012 - Set for Senate Finance, Ways & Means Committee 02/14/12. | | House Status | 02/09/2012 - Set for House General Subcommittee of Commerce 02/15/12. | | Caption | AN
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. | | Citations | 45-13-0000, 45-13-0404 |
| Category | Banking & Credit | | Sponsors | Sen. Mark S. Norris / Rep. Gerald McCormick | | Description | Revises
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) | | Amendment | Senate
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 Status | 02/09/2012 - Set for Senate Floor 02/13/12. | | House Status | 02/09/2012 - Set for House General Subcommittee of Commerce 02/15/12. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 45, Chapter 17, relative to deferred presentment services. | | Citations | 45-17-0000, 45-17-0108, 45-17-0119, 45-17-0100, 45-17-0104, 45-17-0107, 45-17-0110, 45-17-0111 |
| Category | Banking & Credit | | Sponsors | Sen. Mark S. Norris / Rep. Gerald McCormick | | Description | Specifies
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 Status | 02/09/2012 - Set for Senate Floor 02/13/12. | | House Status | 02/09/2012 - Set for House Commerce Committee 02/14/12. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 45, Chapter 2, relative to the regulation of state banks. | | Citations | 45-02-0000, 45-02-1102 |
| Category | Banking & Credit | | Sponsors | Sen. Bill Ketron / Rep. Charles M. Sargent | | Description | Redefines a qualifying organization in regard to credit card state banks as employing 200 Tennessee residents rather than 100. | | Senate Status | 01/23/2012 - Referred to Senate Commerce, Labor & Agriculture. | | House Status | 01/25/2012 - Referred to House General Subcommittee of Commerce. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 45, Chapter 2, Part 19, relative to credit cards. | | Citations | 45-02-1900, 45-02-1901 |
| Category | Banking & Credit | | Sponsors | Sen. Beverly Marrero / Rep. Mike Stewart | | Description | Requires
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 Status | 01/30/2012 - Referred to Senate Commerce, Labor & Agriculture. | | House Status | 02/01/2012 - Referred to House General Subcommittee of Commerce. | | Caption | AN ACT to amend Tennessee Code Annotated, relative to banks and financial institutions. | | Citations | 45-17-0119 |
| Category | Banking & Credit | | Sponsors | Sen. Beverly Marrero / Rep. Mike Stewart | | Description | Increases
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 Status | 01/30/2012 - Referred to Senate Commerce, Labor & Agriculture. | | House Status | 02/01/2012 - Referred to House General Subcommittee of Commerce. | | Caption | AN ACT to amend Tennessee Code Annotated, relative to banks and financial institutions. | | Citations | 45-17-0115 |
| Category | Banking & Credit | | Sponsors | Sen. Jack Johnson / Rep. Jim Gotto | | Description | Grants
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 Status | 01/30/2012 - Referred to Senate Commerce, Labor & Agriculture. | | House Status | 02/01/2012 - Referred to House General Subcommittee of Commerce. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 45 and Title 47, relative to consumer protection. | | Citations | 47-00-0000, 45-00-0000, 45-01-0107 |
| Category | Banking & Credit | | Sponsors | Sen. Jim Tracy / Rep. Jon Lundberg | | Description | Prohibits
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 Status | 01/30/2012 - Referred to Senate Commerce, Labor & Agriculture. | | House Status | 02/01/2012 - Referred to House Commerce. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 45 and Title 47, Chapter 18, relative to consumer protection. | | Citations | 47-18-0000, 47-18-0104, 45-00-0000 |
| Category | Banking & Credit | | Sponsors | Sen. Bill Ketron / Rep. Joe Carr | | Description | Establishes
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 Status | 02/01/2012 - Referred to Senate Commerce, Labor & Agriculture. | | House Status | 01/25/2012 - Referred to House State & Local Government. House Government Operations will review if recommended. | | Caption | AN
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. | | Citations | 67-04-0000, 40-33-0200, 39-14-0900, 45-07-0200 |
Campaigns & Lobbying - 10 | Category | Campaigns & Lobbying | | Sponsors | Sen. Stacey Campfield / Rep. Julia Hurley | | Description | Prohibits
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 Note | Dated: January 14, 2012
Not significant. | | Senate Status | 01/12/2012 - Referred to Senate State & Local Government. | | House Status | 02/01/2012 - Taken off notice in House General Subcommittee of State & Local Government. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 3, Chapter 6, relative to governmental ethics. | | Citations | 03-06-0000, 03-06-0305 |
| Category | Campaigns & Lobbying | | Sponsors | Sen. Beverly Marrero / Rep. Mike Stewart | | Description | Establishes
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 Status | 01/18/2012 - Referred to Senate Government Operations. | | House Status | 01/24/2012 - Referred to House General Subcommittee of Commerce. | | Caption | AN
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". | | Citations | 39-00-0000, 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 |
| Category | Campaigns & Lobbying | | Sponsors | Sen. Stacey Campfield / Rep. Vance Dennis | | Description | Limits
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 Status | 01/23/2012 - Referred to Senate State & Local Government. | | House Status | 01/31/2012 - Referred to House General Subcommittee of State & Local Government. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 2, Chapter 10, relative to campaign finance. | | Citations | 02-10-0000, 02-10-0304 |
| Category | Campaigns & Lobbying | | Sponsors | Sen. Stacey Campfield / Rep. Vance Dennis | | Description | Limits
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 Status | 01/23/2012 - Referred to Senate State & Local Government. | | House Status | 01/31/2012 - Referred to House General Subcommittee of State & Local Government. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 2, Chapter 10, relative to campaign finance. | | Citations | 02-10-0000, 02-10-0304 |
| Category | Campaigns & Lobbying | | Sponsors | Sen. Lowe Finney / Rep. Craig Fitzhugh | | Description | Creates
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 Status | 01/26/2012 - Referred to Senate State & Local Government. | | House Status | 02/09/2012 - Set for House General Subcommittee of State & Local Government 02/15/12. | | Caption | AN
ACT to amend Tennessee Code Annotated, Title 2, Chapter 10, relative to
contributions by certain corporations and business entities. | | Citations | 02-10-0000, 02-10-0100 |
| Category | Campaigns & Lobbying | | Sponsors | Sen. Beverly Marrero / Rep. Mike Turner | | Description | Prohibits
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 Status | 01/30/2012 - Referred to Senate State & Local Government. | | House Status | 01/25/2012 - Referred to House General Subcommittee of State & Local Government. | | Caption | AN
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. | | Citations | 12-00-0000, 02-00-0000, 02-10-0300 |
| Category | Campaigns & Lobbying | | Sponsors | Sen. Lowe Finney / Rep. Craig Fitzhugh | | Description | Prohibits
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 Status | 02/01/2012 - Referred to Senate State & Local Government. | | House Status | 02/01/2012 - Referred to House State & Local Government. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 2, Chapter 10, Part 1, relative to campaign finance. | | Citations | 02-10-0100, 02-10-0102 |
| Category | Campaigns & Lobbying | | Sponsors | Sen. Mike Faulk / Rep. Art Swann | | Description | Allows registry of election finance to receive complaints with regard to certain campaign finance Class C misdemeanor offenses. | | Senate Status | 02/01/2012 - Referred to Senate State & Local Government. | | House Status | 02/02/2012 - Referred to House State & Local Government. | | Caption | AN
ACT to amend Tennessee Code Annotated, Title 2, Chapter 19 and Title 2,
Chapter 10, relative to administration and jurisdiction regarding
certain election laws. | | Citations | 02-10-0000, 02-19-0000, 02-10-0205 |
| Category | Campaigns & Lobbying | | Sponsors | Sen. Bo Watson / Rep. Debra Young Maggart | | Description | Removes
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 Status | 02/01/2012 - Referred to Senate State & Local Government. | | House Status | 02/01/2012 - Referred to House General Subcommittee of State & Local Government. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 2, Chapter 10 and Title 56, Chapter 3, relative to campaign finance. | | Citations | 02-10-0000, 02-10-0105, 02-10-0302, 56-03-0000 |
| Category | Campaigns & Lobbying | | Sponsors | Sen. James F. Kyle Jr. / Rep. Mike Turner | | Description | Allows
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 Status | 02/01/2012 - Referred to Senate State & Local Government. | | House Status | 02/06/2012 - Referred to House General Subcommittee of State & Local Government. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 2, relative to the registry of election finance. | | Citations | 02-00-0000, 02-10-0206 |
Commercial Law - 6 | Category | Commercial Law | | Sponsors | Sen. Thelma Harper / Rep. Mike Turner | | Description | Repeals
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 Status | 01/23/2012 - Referred to Senate State & Local Government. | | House Status | None | | Caption | AN
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". | | Citations | 07-51-0000, 04-21-0102, 07-51-1800 |
| Category | Commercial Law | | Sponsors | Sen. Brian K. Kelsey / Rep. Vance Dennis | | Description | Requires
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 Status | 01/26/2012 - Referred to Senate Judiciary. | | House Status | 01/31/2012 - Referred to House General Subcommittee of Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 47, relative to interest on judgments. | | Citations | 47-00-0000, 47-14-0121 |
| Category | Commercial Law | | Sponsors | Sen. Doug Overbey / Rep. Jon Lundberg | | Description | Revises numerous provisions of the Uniform Commercial Code. | | Senate Status | 01/30/2012 - Referred to Senate Commerce, Labor & Agriculture. | | House Status | 01/30/2012 - Referred to House Commerce. | | Caption | AN
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. | | Citations | 47-02-0000, 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 |
| Category | Commercial Law | | Sponsors | Sen. Ophelia Ford / Rep. Karen D. Camper | | Description | Specifies
that prejudgment interest begins to accrue on the date which service of
process occurred, unless a contract provides otherwise. | | Senate Status | 02/01/2012 - Referred to Senate Judiciary. | | House Status | 02/01/2012 - Referred to House General Subcommittee of Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 47, relative to prejudgment interest. | | Citations | 47-00-0000, 47-14-0123 |
| Category | Commercial Law | | Sponsors | Sen. Roy B. Herron / Rep. Craig Fitzhugh | | Description | Requires
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 Status | 02/01/2012 - Referred to Senate Commerce, Labor & Agriculture. | | House Status | 02/02/2012 - Referred to House Commerce. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 47, Chapter 18, relative to consumer protection. | | Citations | 47-18-0000, 47-18-0104, 47-18-0100 |
| Category | Commercial Law | | Sponsors | Sen. Roy B. Herron / Rep. David Shepard | | Description | Prohibits
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 Status | 02/01/2012 - Referred to Senate Commerce, Labor & Agriculture. | | House Status | 02/01/2012 - Referred to House Commerce. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 47, Chapter 18 and Title 55, Chapter 17, relative to consumer protection. | | Citations | 47-18-0000, 55-17-0000, 47-18-0120 |
Criminal Law - 56 | Category | Criminal Law | | Sponsors | Sen. Mae Beavers / Rep. Tony Shipley | | Description | Creates
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. | | Amendment | House
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 Status | 01/12/2012 - Referred to Senate Judiciary. | | House Status | 02/07/2012 - Taken off notice in House Judiciary. | | Caption | AN
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. | | Citations | 39-00-0000, 40-00-0000, 41-00-0000, 38-00-0000, 50-00-0000, 39-11-0703, 39-11-0704, 39-17-0114 |
| Category | Criminal Law | | Sponsors | Sen. Bo Watson / Rep. Richard Floyd | | Description | Removes statues of limitation for persecution following sexual offenses committed against a child on or after July 1, 2012. | | Senate Status | 01/12/2012 - Referred to Senate Judiciary. | | House Status | 02/07/2012 - House Judiciary Committee deferred to 2/21/2012. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 40, Chapter 2, relative to certain crimes committed against children. | | Citations | 40-02-0101, 40-02-0000 |
| Category | Criminal Law | | Sponsors | Sen. Doug Overbey / Rep. Bob Ramsey | | Description | Creates
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 Status | 01/13/2012 - Referred to Senate Judiciary. | | House Status | 01/24/2012 - Referred to House General Subcommittee of Judiciary. | | Caption | AN
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. | | Citations | 37-00-0000, 38-00-0000, 39-15-0400 |
| Category | Criminal Law | | Sponsors | Sen. Mark S. Norris / Rep. Gerald McCormick | | Description | Removes
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 Status | 01/13/2012 - Referred to Senate Judiciary. | | House Status | 01/17/2012 - Referred to House General Subcommittee of State & Local Government. | | Caption | AN
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. | | Citations | 38-08-0000, 38-08-0106, 08-08-0000, 08-08-0102, 37-05-0000, 37-05-0117, 41-01-0000, 41-01-0116 |
| Category | Criminal Law | | Sponsors | Sen. Mark S. Norris / Rep. Gerald McCormick | | Description | Increases
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 Status | 02/07/2012 - Senate Judiciary recommended. Sent to Senate Finance, Ways & Means. | | House Status | 02/07/2012 - House Judiciary recommended. Sent to House Finance, Ways & Means. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 39 and Title 40, relative to criminal penalties. | | Citations | 39-00-0000, 40-00-0000, 39-17-1307 |
| Category | Criminal Law | | Sponsors | Sen. Beverly Marrero / Rep. Jim Coley | | Description | Permits
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 Note | Dated: January 29, 2012
Not significant. | | Senate Status | 02/09/2012 - Set for Senate Judiciary Committee 02/14/12. | | House Status | 02/09/2012 - Set for House Calendar & Rules Committee 02/14/12. | | Caption | AN
ACT to amend Tennessee Code Annotated, Title 39, Chapter 13, Part 3,
relative to providing civil relief for victims of human trafficking. | | Citations | 39-13-0300 |
| Category | Criminal Law | | Sponsors | Sen. Mike Bell / Rep. Eric Watson | | Description | Requires
law enforcement to obtain a subpoena before installing an electronic
tracking device in a motor vehicle to further a criminal investigation. | | Senate Status | 02/07/2012 - Senate Judiciary deferred to 2/14/2012. | | House Status | 02/01/2012 - House General Subcommittee of Judiciary deferred to 02/29/12. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 39 and Title 40, relative to tracking cars. | | Citations | 39-00-0000, 40-00-0000, 39-13-0606 |
| Category | Criminal Law | | Sponsors | Sen. Randy McNally / Rep. Cameron Sexton | | Description | Allows
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 Status | 01/18/2012 - Referred to Senate Judiciary. | | House Status | 02/08/2012 - Referred to House General Subcommittee of Health & Human Resources. | | Caption | AN
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. | | Citations | 40-33-0211, 39-17-0400, 53-11-0000, 40-33-0200 |
| Category | Criminal Law | | Sponsors | Sen. Randy McNally / Rep. Bill Dunn | | Description | Prohibits
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 Status | 01/18/2012 - Referred to Senate Judiciary. | | House Status | 01/24/2012 - Referred to House General Subcommittee of Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 39 and Title 40, relative to eligibility for pretrial and judicial diversion. | | Citations | 39-00-0000, 40-00-0000, 40-35-0313, 40-15-0105 |
| Category | Criminal Law | | Sponsors | Sen. Randy McNally / Rep. Eric Watson | | Description | Increases expunction fee following the successful completion of diversion programs. | | Senate Status | 01/18/2012 - Referred to Senate Judiciary. | | House Status | 02/02/2012 - Withdrawn in House. | | Caption | AN
ACT to amend Tennessee Code Annotated, Title 38, Chapter 6; Title 40,
Chapter 32 and Title 40, Chapter 35, relative to expunction fees. | | Citations | 38-06-0000, 40-32-0000, 40-32-0101, 40-35-0000, 40-35-0313, 38-06-0118 |
| Category | Criminal Law | | Sponsors | Sen. Lowe Finney / Rep. Joe Pitts | | Description | Increases
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 Status | 01/18/2012 - Referred to Senate Judiciary. | | House Status | 01/25/2012 - Referred to House General Subcommittee of Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 39 and Title 40, Chapter 35, relative to sentencing. | | Citations | 39-00-0000, 40-00-0000, 35-00-0000, 40-35-0304 |
| Category | Criminal Law | | Sponsors | Sen. Randy McNally / Rep. Julia Hurley | | Description | Imposes
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 Status | 01/19/2012 - Referred to Senate Commerce, Labor & Agriculture. | | House Status | 02/02/2012 - Withdrawn in House. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 55, relative to financial responsibility of certain drivers. | | Citations | 55-00-0000, 55-12-0000, 55-12-0105 |
| Category | Criminal Law | | Sponsors | Sen. Jack Johnson / Rep. Bill Dunn | | Description | Adds
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 Status | 01/19/2012 - Referred to Senate Commerce, Labor & Agriculture. | | House Status | 02/09/2012 - Set for House Calendar & Rules Committee 02/14/12. | | Caption | AN
ACT to amend Tennessee Code Annotated, Section 39-14-154 and Section
47-18-104, relative to home improvement services contractors and
providers. | | Citations | 47-18-0104, 39-14-0154 |
| Category | Criminal Law | | Sponsors | Sen. Dolores R. Gresham / Rep. Eric Watson | | Description | Creates
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. | | Amendment | Senate
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 Status | 02/07/2012 - Senate Judiciary recommended with amendment. | | House Status | 02/09/2012 - Set for House Calendar & Rules Committee 02/14/12. | | Caption | AN
ACT to amend Tennessee Code Annotated, Title 4; Title 12; Title 29;
Title 39 and Title 40, relative to use of publically- owned property. | | Citations | 39-00-0000, 40-00-0000, 04-00-0000, 12-00-0000, 29-00-0000, 39-17-0300 |
| Category | Criminal Law | | Sponsors | Sen. Mike Bell / Rep. Vince Dean | | Description | Requires persons who have previously failed to appear in court to post money or real estate as bail. | | Senate Status | 01/19/2012 - Referred to Senate Judiciary. | | House Status | 01/25/2012 - Referred to House Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Section 40-11-104, relative to bail. | | Citations | 40-11-0104 |
| Category | Criminal Law | | Sponsors | Sen. Bill Ketron / Rep. Charles Curtiss | | Description | Deletes provisions of harassment committed by communicating with, transmitting or displaying an image to another. | | Senate Status | 01/23/2012 - Referred to Senate Judiciary. | | House Status | 01/25/2012 - Referred to House General Subcommittee of Judiciary. | | Caption | AN
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. | | Citations | 39-00-0000, 39-17-0308 |
| Category | Criminal Law | | Sponsors | Sen. Bill Ketron / Rep. Charles Curtiss | | Description | Limits the offenses of harassment by communicate with or display of an image with the intent to intimidate a victim. | | Senate Status | 01/23/2012 - Referred to Senate Judiciary. | | House Status | 01/25/2012 - Referred to House General Subcommittee of Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 39 and Title 49, relative to harassment and bullying. | | Citations | 39-00-0000, 49-00-0000, 39-17-0308 |
| Category | Criminal Law | | Sponsors | Sen. Thelma Harper / Rep. Mary J. Pruitt | | Description | Creates
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 Status | 01/23/2012 - Referred to Senate State & Local Government. | | House Status | 01/12/2012 - Referred to House State & Local Government. | | Caption | AN ACT to amend Tennessee Code Annotated, Section 40-35-120, relative to repeat violent offenders. | | Citations | 40-35-0120 |
| Category | Criminal Law | | Sponsors | Sen. Mae Beavers / Rep. Joe Carr | | Description | Requires
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 Status | 01/23/2012 - Referred to Senate Judiciary. | | House Status | 02/09/2012 - Set for House Judiciary Committee 02/14/12. | | Caption | AN
ACT to amend Tennessee Code Annotated, Title 39; Title 40 and Title 55,
relative to the procedure following commission of certain traffic
offenses. | | Citations | 39-00-0000, 40-00-0000, 55-00-0000, 40-11-0105, 40-11-0118 |
| Category | Criminal Law | | Sponsors | Sen. Brian K. Kelsey / Rep. John J. Deberry Jr. | | Description | Adds
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 Status | 01/25/2012 - Referred to Senate Judiciary. | | House Status | 02/09/2012 - Set for House General Subcommittee of Judiciary 02/15/12. | | Caption | AN
ACT to amend Tennessee Code Annotated, Title 40, Chapter 35, Part 3,
relative to the collection of DNA samples upon conviction of certain
offenses. | | Citations | 40-35-0300, 40-35-0321 |
| Category | Criminal Law | | Sponsors | Sen. Mae Beavers / Rep. Barrett Rich | | Description | Requires
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 Status | 02/09/2012 - Set for Senate Judiciary Committee 02/14/12. | | House Status | 02/09/2012 - Set for House Judiciary Committee 02/14/12. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 38 and Title 39, relative to reporting certain injuries. | | Citations | 39-00-0000, 38-00-0000, 38-01-0101, 38-01-0103 |
| Category | Criminal Law | | Sponsors | Sen. Rusty Crowe / Rep. Eric Watson | | Description | Allows
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 Status | 01/25/2012 - Referred to Senate Judiciary. | | House Status | 01/23/2012 - Referred to House Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Section 40-11-125, relative to bonding companies. | | Citations | 40-11-0125 |
| Category | Criminal Law | | Sponsors | Sen. Stacey Campfield | | Description | Permits
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 Status | 01/26/2012 - Referred to Senate Judiciary. | | House Status | None | | Caption | AN
ACT to amend Tennessee Code Annotated, Title 39, Chapter 17, Part 13,
relative to the storage of firearms in public access parking lots. | | Citations | 39-17-1300 |
| Category | Criminal Law | | Sponsors | Sen. Jack Johnson / Rep. Vance Dennis | | Description | Requires
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 Status | 01/26/2012 - Referred to Senate Judiciary. | | House Status | 02/01/2012 - Referred to House General Subcommittee of Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 28, relative to liability actions for personal injuries or death. | | Citations | 28-00-0000, 28-03-0104 |
| Category | Criminal Law | | Sponsors | Sen. Jack Johnson / Rep. Charles M. Sargent | | Description | Establishes
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 Status | 01/26/2012 - Referred to Senate Judiciary. | | House Status | 01/25/2012 - Referred to House Children & Family Affairs. | | Caption | AN
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. | | Citations | 36-00-0000, 37-00-0000, 39-15-0000, 39-17-0000, 36-06-0101, 39-13-0000 |
| Category | Criminal Law | | Sponsors | Sen. Charlotte Burks / Rep. Mike Turner | | Description | Requires
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 Status | 01/26/2012 - Referred to Senate Health & Welfare. | | House Status | 01/25/2012 - Referred to House General Subcommittee of Health & Human Resources. | | Caption | AN
ACT to amend Tennessee Code Annotated, Title 38; Title 39; Title 40 and
Title 63, relative to immediate methamphetamine precursor. | | Citations | 39-00-0000, 40-00-0000, 38-00-0000, 39-17-0431, 63-00-0000 |
| Category | Criminal Law | | Sponsors | Sen. Randy McNally / Rep. Eric Watson | | Description | Increases the expunction fee from $50.00 to $350.00 following the successful completion of diversion programs. | | Senate Status | 01/26/2012 - Referred to Senate Judiciary. | | House Status | 02/09/2012 - Set for House Judiciary Committee 02/14/12. | | Caption | AN
ACT to amend Tennessee Code Annotated, Title 38, Chapter 6; Title 40,
Chapter 32 and Title 40, Chapter 35, relative to expunction fees. | | Citations | 38-06-0000, 40-32-0000, 40-32-0101, 40-35-0000, 40-35-0313, 38-06-0118 |
| Category | Criminal Law | | Sponsors | Sen. Becky Duncan Massey / Rep. Ryan A. Haynes | | Description | Clarifies
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 Status | 01/26/2012 - Referred to Senate Judiciary. | | House Status | 01/31/2012 - Referred to House General Subcommittee of State & Local Government. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 37; Title 38 and Title 39, relative to missing children. | | Citations | 37-00-0000, 39-00-0000, 38-00-0000, 37-10-0203 |
| Category | Criminal Law | | Sponsors | Sen. Brian K. Kelsey / Rep. Jim Coley | | Description | Criminalizes
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 Status | 01/26/2012 - Referred to Senate Judiciary. | | House Status | 01/31/2012 - Referred to House General Subcommittee of Judiciary. | | Caption | AN
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. | | Citations | 39-17-0000, 39-17-0100 |
| Category | Criminal Law | | Sponsors | Sen. Brian K. Kelsey / Rep. Eric Watson | | Description | Creates
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 Status | 01/26/2012 - Referred to Senate Judiciary. | | House Status | 01/31/2012 - Referred to House General Subcommittee of Judiciary. | | Caption | AN
ACT to amend Tennessee Code Annotated, Title 39, Chapter 17, Part 1, to
create the offense of drawing a lien without legal basis. | | Citations | 39-17-0100 |
| Category | Criminal Law | | Sponsors | Sen. Andy Berke / Rep. Sherry Jones | | Description | Defines
"best interest of child" to assist the evaluation process of what is
best for the child in juvenile court and foster care proceeding. | | Senate Status | 01/26/2012 - Referred to Senate Judiciary. | | House Status | 01/31/2012 - Referred to House General Subcommittee of Children & Family Affairs. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 36; Title 37; Title 39 and Title 40, relative to the best interests of children. | | Citations | 36-00-0000, 37-00-0000, 39-00-0000, 40-00-0000, 37-01-0102, 37-02-0402, 37-01-0602, 37-05-0103 |
| Category | Criminal Law | | Sponsors | Sen. Mark S. Norris / Rep. Ryan Williams | | Description | Prohibits
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 Status | 01/30/2012 - Referred to Senate Judiciary. | | House Status | 01/31/2012 - Referred to House General Subcommittee of Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 20; Title 29; Title 39 and Title 40, relative to privacy. | | Citations | 39-00-0000, 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 |
| Category | Criminal Law | | Sponsors | Sen. Stacey Campfield / Rep. Joshua G. Evans | | Description | Permits
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 Status | 01/30/2012 - Referred to Senate Judiciary. | | House Status | 02/01/2012 - Referred to House General Subcommittee of Consumer & Employee Affairs. | | Caption | AN
ACT to amend Tennessee Code Annotated, Title 39, Chapter 17, Part 13,
relative to the storage of firearms in public access parking lots. | | Citations | 39-17-1300 |
| Category | Criminal Law | | Sponsors | Sen. Jim Tracy / Rep. Linda Elam | | Description | Creates
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 Status | 01/30/2012 - Referred to Senate State & Local Government. | | House Status | 02/09/2012 - Set for House General Subcommittee of State & Local Government 02/15/12. | | Caption | AN
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. | | Citations | 04-00-0000, 12-00-0000, 08-00-0000, 39-16-0500, 39-16-0000 |
| Category | Criminal Law | | Sponsors | Sen. Tim Barnes / Rep. Mike Stewart | | Description | Extends time period that a timber purchaser must retain the bill of sale from one year to 16 months. | | Senate Status | 01/30/2012 - Referred to Senate Judiciary. | | House Status | 02/01/2012 - Referred to House General Subcommittee of Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 39, relative to criminal offenses. | | Citations | 39-00-0000, 39-14-0410 |
| Category | Criminal Law | | Sponsors | Sen. Charlotte Burks / Rep. Sherry Jones | | Description | Makes knowing and not protecting a child from abuse the same as committing the abuse. Broadly captioned. | | Senate Status | 01/30/2012 - Referred to Senate Judiciary. | | House Status | 01/31/2012 - Referred to House General Subcommittee of Children & Family Affairs. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 37; Title 39 and Title 40, relative to severe child abuse. | | Citations | 37-00-0000, 39-00-0000, 40-00-0000, 37-01-0102 |
| Category | Criminal Law | | Sponsors | Sen. Mike Faulk / Rep. Eddie Bass | | Description | Prohibits
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 Status | 02/09/2012 - Set for Senate Judiciary Committee 02/14/12. | | House Status | 02/01/2012 - Referred to House Consumer & Employee Affairs. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 39 and Title 40, relative to location restrictions on firearms. | | Citations | 39-00-0000, 40-00-0000, 39-17-1300, 39-17-1311, 39-17-1309 |
| Category | Criminal Law | | Sponsors | Sen. Beverly Marrero / Rep. Sherry Jones | | Description | Expands the definition of dependent and neglected child to include a child who has contracted a sexually transmitted disease. | | Senate Status | 01/30/2012 - Referred to Senate Judiciary. | | House Status | 01/31/2012 - Referred to House General Subcommittee of Children & Family Affairs. | | Caption | AN
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. | | Citations | 37-01-0100, 37-01-0102 |
| Category | Criminal Law | | Sponsors | Sen. Brian K. Kelsey / Rep. Jon Lundberg | | Description | Creates
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 Status | 01/30/2012 - Referred to Senate Judiciary. | | House Status | 02/01/2012 - Referred to House General Subcommittee of Judiciary. | | Caption | AN
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. | | Citations | 39-13-0600, 40-06-0000, 40-06-0400 |
| Category | Criminal Law | | Sponsors | Sen. Andy Berke / Rep. Craig Fitzhugh | | Description | Relative
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 Status | 01/30/2012 - Referred to Senate Judiciary. | | House Status | 02/01/2012 - Referred to House General Subcommittee of Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 29, Chapter 39, relative to remedies. | | Citations | 29-39-0000, 29-39-0102 |
| Category | Criminal Law | | Sponsors | Sen. Mark S. Norris / Rep. Gerald McCormick | | Description | Establishes
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 Status | 01/30/2012 - Referred to Senate Judiciary. | | House Status | 02/01/2012 - Referred to House Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 40, relative to criminal procedure. | | Citations | 40-00-0000, 40-03-0203 |
| Category | Criminal Law | | Sponsors | Sen. Charlotte Burks / Rep. Sherry Jones | | Description | Provides
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 Status | 01/30/2012 - Referred to Senate Health & Welfare. | | House Status | 02/01/2012 - Referred to House Judiciary. | | Caption | AN
ACT to amend Tennessee Code Annotated, Title 36 and Title 38, relative
to the reporting of medical treatment under certain circumstances. | | Citations | 36-00-0000, 38-00-0000, 38-01-0101 |
| Category | Criminal Law | | Sponsors | Sen. Beverly Marrero / Rep. Sherry Jones | | Description | Requires
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 Status | 01/30/2012 - Referred to Senate Judiciary. | | House Status | 02/01/2012 - Referred to House General Subcommittee of Children & Family Affairs. | | Caption | AN
ACT to amend Tennessee Code Annotated, Title 33; Title 37 and Title 49,
relative to psychiatric evaluations of certain children. | | Citations | 37-00-0000, 49-00-0000, 33-00-0000, 37-05-0100 |
| Category | Criminal Law | | Sponsors | Sen. Brian K. Kelsey / Rep. Debra Young Maggart | | Description | Permits
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 Status | 01/30/2012 - Referred to Senate Judiciary. | | House Status | 02/01/2012 - Referred to House General Subcommittee of Judiciary. | | Caption | AN
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. | | Citations | 40-39-0200, 39-13-0506, 40-39-0202, 39-13-0500 |
| Category | Criminal Law | | Sponsors | Sen. Beverly Marrero / Rep. Mike Kernell | | Description | Allows
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 Status | 02/01/2012 - Referred to Senate Judiciary. | | House Status | 02/01/2012 - Referred to House General Subcommittee of Judiciary. | | Caption | AN
ACT to amend Tennessee Code Annotated, Title 40, Chapter 32, relative
to the expunction of criminal records after a certain period of time. | | Citations | 40-32-0000, 40-32-0101 |
| Category | Criminal Law | | Sponsors | Sen. Beverly Marrero / Rep. Mike Kernell | | Description | Creates
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 Status | 02/01/2012 - Referred to Senate Judiciary. | | House Status | 02/01/2012 - Referred to House General Subcommittee of Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 16, Part 4, relative to misconduct by certain public officials. | | Citations | 39-16-0400 |
| Category | Criminal Law | | Sponsors | Sen. Dolores R. Gresham / Rep. Andy Holt | | Description | Creates
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 Status | 02/01/2012 - Referred to Senate Commerce, Labor & Agriculture. | | House Status | 02/01/2012 - Referred to House General Subcommittee of Consumer & Employee Affairs. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 39; Title 40 and Title 50, relative to employment under false pretense. | | Citations | 39-00-0000, 40-00-0000, 50-00-0000, 39-13-0600 |
| Category | Criminal Law | | Sponsors | Sen. Reginald Tate / Rep. Karen D. Camper | | Description | Allows
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 Status | 02/01/2012 - Referred to Senate Judiciary. | | House Status | 01/31/2012 - Referred to House General Subcommittee of Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 40, Chapter 32, relative to the expunction of certain criminal records. | | Citations | 40-32-0000, 40-32-0101 |
| Category | Criminal Law | | Sponsors | Sen. Mike Faulk / Rep. Jim Coley | | Description | Requires
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 Status | 02/01/2012 - Referred to Senate Judiciary. | | House Status | 01/31/2012 - Referred to House General Subcommittee of Judiciary. | | Caption | AN
ACT to amend Tennessee Code Annotated, Title 40, Chapter 17, relative
to requiring reciprocal disclosure of witnesses prior to trial. | | Citations | 40-17-0000, 40-17-0106 |
| Category | Criminal Law | | Sponsors | Sen. Mike Faulk / Rep. Bill Sanderson | | Description | Requires
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 Status | 02/01/2012 - Referred to Senate Judiciary. | | House Status | 01/25/2012 - Referred to House Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 14, Part 1, relative to identity theft offenses. | | Citations | 39-14-0100, 39-14-0150 |
| Category | Criminal Law | | Sponsors | Sen. Ken Yager / Rep. Eddie Bass | | Description | Deletes provision that prohibits wiretaps in an investigation of less than 700 pounds of marijuana. | | Senate Status | 02/01/2012 - Referred to Senate Judiciary. | | House Status | 01/31/2012 - Referred to House General Subcommittee of State & Local Government. | | Caption | AN
ACT to amend Tennessee Code Annotated, Title 39, Chapter 17, relative
to the interception of wire, oral or electronic communications for
certain offenses. | | Citations | 39-17-0000, 39-17-0417 |
| Category | Criminal Law | | Sponsors | Sen. Bo Watson / Rep. Gerald McCormick | | Description | Criminalizes
the assistance of unauthorized access to a service account and
clarifies the criminal act of obtaining services without payment. | | Senate Status | 02/01/2012 - Referred to Senate Judiciary. | | House Status | 02/08/2012 - Taken off notice in House General Subcommittee of Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 14, relative to theft of services. | | Citations | 39-14-0000, 39-14-0104 |
| Category | Criminal Law | | Sponsors | Sen. Kerry Roberts / Rep. Joe Carr | | Description | Prohibits
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 Status | 02/01/2012 - Referred to Senate Judiciary. | | House Status | 02/01/2012 - Referred to House General Subcommittee of Consumer & Employee Affairs. | | Caption | AN
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. | | Citations | 39-14-0000, 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 |
| Category | Criminal Law | | Sponsors | Sen. Kerry Roberts / Rep. Debra Young Maggart | | Description | States
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 Status | 02/01/2012 - Referred to Senate Judiciary. | | House Status | 02/01/2012 - Referred to House Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 13, Part 5, relative to forfeiture of certain property. | | Citations | 39-13-0530, 39-13-0500 |
| Category | Criminal Law | | Sponsors | Rep. Julia Hurley | | Description | Removes Tennessee from the Interstate Compact for Supervision of Adult Offenders. | | Senate Status | None | | House Status | 01/12/2012 - Withdrawn in House. | | Caption | AN
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. | | Citations | 40-28-0400 |
| Category | Criminal Law | | Sponsors | Rep. Debra Young Maggart | | Description | Allows
any conveyance or real or personal property used while violating a
provision of the sexual offender registry to be forfeited. | | Senate Status | None | | House Status | 01/25/2012 - Referred to House Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 13, Part 5, relative to the forfeiture of certain property. | | Citations | 39-13-0530, 39-13-0500 |
Economic Development - 1 | Category | Economic Development | | Sponsors | Sen. Jack Johnson / Rep. Joe Carr | | Description | Requires the commissioner of ECD to release certain confidential documents within two years instead of five years. | | Senate Status | 01/23/2012 - Referred to Senate Commerce, Labor & Agriculture. | | House Status | 01/24/2012 - Referred to House General Subcommittee of Commerce. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 4 and Title 67, Chapter 1, Part 17, relative to transparency in government. | | Citations | 04-00-0000, 67-01-1700, 04-03-0730 |
Education - 8 | Category | Education | | Sponsors | Sen. Brian K. Kelsey / Rep. Bill Dunn | | Description | Requires
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 Status | 01/12/2012 - Referred to Senate Education. | | House Status | 01/25/2012 - Referred to House General Subcommittee of Education. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 49, Chapter 6, relative to the Equal Opportunity Scholarship Act. | | Citations | 49-06-0000 |
| Category | Education | | Sponsors | Sen. Jack Johnson / Rep. Glen Casada | | Description | Requires
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 Status | 01/19/2012 - Referred to Senate Education. | | House Status | 01/24/2012 - Referred to House General Subcommittee of Education. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 49, Chapter 1, Part 3, relative to teacher evaluation conferences. | | Citations | 49-01-0300, 49-01-0302 |
| Category | Education | | Sponsors | Sen. Andy Berke / Rep. Craig Fitzhugh | | Description | Allows
tenure for teachers who are evaluated as "meets expectations," in
addition to current requirements of "above expectations" or
"significantly above expectations." | | Senate Status | 01/23/2012 - Referred to Senate Education. | | House Status | 01/24/2012 - Referred to House General Subcommittee of Education. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 49, Chapter 5, Part 5, relative to teacher eligibility for tenure. | | Citations | 49-05-0503, 49-05-0504, 49-05-0500 |
| Category | Education | | Sponsors | Sen. Joe M. Haynes / Rep. Mike Turner | | Description | Prohibits state funds from being used by an LEA to pay professional organization membership fees or dues. | | Senate Status | 01/25/2012 - Referred to Senate Education. | | House Status | 01/25/2012 - Referred to House General Subcommittee of Education. | | Caption | AN
ACT to amend Tennessee Code Annotated, Title 49, Chapter 1; Title 49,
Chapter 2 and Title 49, Chapter 3, relative to funding of education. | | Citations | 49-02-0000, 49-01-0000, 49-03-0000 |
| Category | Education | | Sponsors | Sen. Joe M. Haynes / Rep. Craig Fitzhugh | | Description | Defines
"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 Status | 01/26/2012 - Referred to Senate Education. | | House Status | 01/24/2012 - Referred to House General Subcommittee of Education. | | Caption | AN
ACT to amend Tennessee Code Annotated, Title 49, Chapter 5, Part 5,
relative to the definition of "inefficiency" in the Teachers' Tenure
Act. | | Citations | 49-05-0501, 49-05-0500 |
| Category | Education | | Sponsors | Sen. Beverly Marrero / Rep. Craig Fitzhugh | | Description | Removes prohibition on collaborative conferencing concerning political activity payroll deductions for an LEA and its employees. | | Fiscal Note | Dated: January 17, 2012
Not significant. | | Senate Status | 01/30/2012 - Referred to Senate Education. | | House Status | 01/24/2012 - Referred to House General Subcommittee of Education. | | Caption | AN
ACT to amend Tennessee Code Annotated, Title 49, Chapter 5, Part 6,
relative to the Professional Educators Collaborative Conferencing Act of
2011. | | Citations | 49-05-0602, 49-05-0600, 49-05-0608 |
| Category | Education | | Sponsors | Sen. Jim Summerville / Rep. Phillip Johnson | | Description | Prohibits
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 Status | 01/30/2012 - Referred to Senate Education. | | House Status | 02/09/2012 - Set for House General Subcommittee of Education 02/15/12. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 49, relative to protection of first amendment rights in schools. | | Citations | 49-00-0000, 49-06-2900 |
| Category | Education | | Sponsors | Sen. Kerry Roberts / Rep. Michael Ray McDonald | | Description | Expands
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 Status | 02/01/2012 - Referred to Senate Education. | | House Status | 02/09/2012 - Set for House General Subcommittee of Education 02/15/12. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 37; Title 39 and Title 49, relative to student discipline. | | Citations | 37-00-0000, 39-00-0000, 49-00-0000, 49-06-4100, 49-06-3401, 49-06-4016, 49-06-4013, 49-06-4102 |
Energy & Mining - 1 | Category | Energy & Mining | | Sponsors | Sen. Steve Southerland / Rep. David B. Hawk | | Description | Enacts
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 Status | 02/01/2012 - Referred to Senate Energy & Environment. | | House Status | 02/01/2012 - Referred to House General Subcommittee of Conservation & Environment. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 59 and Title 69, relative to coal mining. | | Citations | 69-00-0000, 59-00-0000, 69-03-0108 |
Environment & Nature - 4 | Category | Environment & Nature | | Sponsors | Sen. Mark S. Norris / Rep. Gerald McCormick | | Description | Specifies
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) | | Amendment | House
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 Status | 02/09/2012 - Set for Senate Energy and Environment Committee 02/15/12. | | House Status | 02/09/2012 - Set for House Conservation & Environment Committee 02/15/12. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 69, Chapter 3, Part 1, relative to water quality. | | Citations | 69-03-0108, 69-03-0100, 69-03-0103 |
| Category | Environment & Nature | | Sponsors | Sen. Mark S. Norris / Rep. Gerald McCormick | | Description | Revises
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 Status | 01/13/2012 - Referred to Senate Government Operations. | | House Status | 01/13/2012 - Referred to House Government Operations. | | Caption | AN
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. | | Citations | 37-00-0000, 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 |
| Category | Environment & Nature | | Sponsors | Sen. Randy McNally / Rep. Cameron Sexton | | Description | Authorizes
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. | | Amendment | House
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 Status | 02/09/2012 - Set for Senate Energy and Environment Committee 02/15/12. | | House Status | 02/09/2012 - Set for House Government Operations Committee 02/15/12. | | Caption | AN
ACT to amend Tennessee Code Annotated, Title 70, Chapter 2, Part 1,
relative to hunting licenses for intellectually disabled persons. | | Citations | 70-02-0100, 70-02-0104 |
| Category | Environment & Nature | | Sponsors | Sen. Steve Southerland / Rep. David B. Hawk | | Description | Creates
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 Status | 02/08/2012 - Senate Environment, Conservation & Tourism deferred to 02/15/12. | | House Status | 01/31/2012 - Referred to House General Subcommittee of Conservation & Environment. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 68, Chapter 211, relative to solid waste disposal. | | Citations | 68-211-0111, 68-211-0803, 68-211-0000, 68-211-0102, 68-211-0806 |
Estates & Trusts - 3 | Category | Estates & Trusts | | Sponsors | Sen. Mae Beavers / Rep. Gary Odom | | Description | Specifies rights of respondent in petition for appointment of a conservator. | | Senate Status | 02/07/2012 - Senate Judiciary deferred to 2/14/2012. | | House Status | 01/25/2012 - Referred to House General Subcommittee of Children & Family Affairs. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 30, Chapter 3; Title 33; Title 34 and Title 71, relative to conservatorships. | | Citations | 71-00-0000, 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 |
| Category | Estates & Trusts | | Sponsors | Sen. Mike Bell / Rep. Cameron Sexton | | Description | Allows securities or investment accounts held by bank trust departments to have a payable on death designated beneficiary. | | Senate Status | 02/09/2012 - Set for Senate Floor 02/13/12. | | House Status | 02/09/2012 - Set for House Commerce Committee 02/14/12. | | Caption | AN
ACT to amend Tennessee Code Annotated, Title 35, Chapter 12, relative
to the Uniform Transfer on Death Security Registration Act. | | Citations | 35-12-0000, 35-12-0102 |
| Category | Estates & Trusts | | Sponsors | Sen. Kerry Roberts / Rep. Michael Ray McDonald | | Description | Reduces
a surviving spouse's elective share by the value of assets that the
decedent transferred to the spouse within six months before death. | | Senate Status | 02/01/2012 - Referred to Senate Judiciary. | | House Status | 01/25/2012 - Referred to House General Subcommittee of Finance. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 30; Title 31; Title 32; Title 35 and Title 36, relative to elective share. | | Citations | 36-00-0000, 35-00-0000, 31-00-0000, 30-00-0000, 32-00-0000, 31-04-0101 |
Family Law - 13 | Category | Family Law | | Sponsors | Sen. Stacey Campfield / Rep. G.A. Hardaway | | Description | Deletes
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 Note | Dated: January 24, 2012
Not significant. | | Senate Status | 01/12/2012 - Referred to Senate Judiciary. | | House Status | 01/24/2012 - Referred to House General Subcommittee of Children & Family Affairs. | | Caption | AN ACT to amend Tennessee Code Annotated, Section 36-6-113, relative to custody of children by parents in the armed forces. | | Citations | 36-06-0113 |
| Category | Family Law | | Sponsors | Sen. Mark S. Norris / Rep. Gerald McCormick | | Description | Specifies
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 Status | 01/13/2012 - Referred to Senate Judiciary. | | House Status | 01/18/2012 - Referred to House General Subcommittee of Children & Family Affairs. | | Caption | AN ACT to amend Tennessee Code Annotated, Section 36-1-113, relative to termination of parental rights. | | Citations | 36-01-0113 |
| Category | Family Law | | Sponsors | Sen. Mike Bell / Rep. John Forgety | | Description | Enacts
"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 Status | 01/19/2012 - Referred to Senate Judiciary. | | House Status | 02/09/2012 - Set for House Children & Family Affairs Committee 02/15/12. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 24, Chapter 7 and Title 36, Chapter 6, relative to child custody. | | Citations | 36-06-0000, 24-07-0000, 36-06-0106 |
| Category | Family Law | | Sponsors | Sen. Mike Bell / Rep. Jeremy Faison | | Description | Requires a parenting plan to list the percentage of residential time the child spends with each parent. | | Senate Status | 01/19/2012 - Referred to Senate Judiciary. | | House Status | 02/09/2012 - Set for House General Subcommittee of Children & Family Affairs 02/14/12. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 36 and Title 71, relative to parenting plans. | | Citations | 36-00-0000, 36-06-0400, 71-00-0000, 36-06-0404 |
| Category | Family Law | | Sponsors | Sen. Tim Barnes / Rep. Joe Pitts | | Description | Requires
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 Status | 02/09/2012 - Set for Senate Judiciary Committee 02/14/12. | | House Status | 02/09/2012 - Set for House Children & Family Affairs Committee 02/15/12. | | Caption | AN
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. | | Citations | 29-13-0000, 29-13-0111 |
| Category | Family Law | | Sponsors | Sen. Tim Barnes / Rep. Curtis G. Johnson | | Description | Substitutes
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 Note | Dated: January 10, 2012
Not significant. | | Senate Status | 01/26/2012 - Referred to Senate Judiciary. | | House Status | 01/24/2012 - Referred to House General Subcommittee of Children & Family Affairs. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 36, relative to parents in the armed forces. | | Citations | 36-00-0000, 36-06-0308 |
| Category | Family Law | | Sponsors | Sen. Tim Barnes / Rep. John J. Deberry Jr. | | Description | Specifies that training for guardians ad litem include training in early childhood, child and adolescent development | | Senate Status | 02/09/2012 - Set for Senate Judiciary Committee 02/14/12. | | House Status | 02/09/2012 - Set for House General Subcommittee of Children & Family Affairs 02/14/12. | | Caption | AN
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. | | Citations | 37-02-0409, 37-01-0129, 37-01-0149 |
| Category | Family Law | | Sponsors | Sen. Beverly Marrero / Rep. Sherry Jones | | Description | Grants
a relative of a child first preference in the adoption process,
provided they have a substantial relationship. Broadly captioned. | | Senate Status | 01/30/2012 - Referred to Senate Judiciary. | | House Status | 01/31/2012 - Referred to House General Subcommittee of Children & Family Affairs. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 36, Chapter 1 and Title 37, relative to adoption preferences. | | Citations | 37-00-0000, 36-01-0000, 36-01-0115 |
| Category | Family Law | | Sponsors | Sen. Beverly Marrero / Rep. Sherry Jones | | Description | Increases
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 Status | 01/30/2012 - Referred to Senate Judiciary. | | House Status | 01/31/2012 - Referred to House General Subcommittee of Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 36; Title 39 and Title 40, relative to violation of orders of protection. | | Citations | 36-00-0000, 39-00-0000, 40-00-0000, 36-03-0610 |
| Category | Family Law | | Sponsors | Sen. Dolores R. Gresham / Rep. Sherry Jones | | Description | Requires
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 Status | 02/01/2012 - Referred to Senate Judiciary. | | House Status | 02/01/2012 - Referred to House Children & Family Affairs. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 37, relative to reports of abuse. | | Citations | 37-00-0000, 37-01-0406 |
| Category | Family Law | | Sponsors | Sen. Reginald Tate / Rep. G.A. Hardaway | | Description | Clarifies
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 Status | 02/01/2012 - Referred to Senate Judiciary. | | House Status | 02/01/2012 - Referred to House Children & Family Affairs. | | Caption | AN ACT to amend Tennessee Code Annotated, Section 36-2-309, relative to child support. | | Citations | 36-02-0309 |
| Category | Family Law | | Sponsors | Sen. Reginald Tate / Rep. G.A. Hardaway | | Description | Gives
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 Note | Dated: January 14, 2012
Not significant. | | Senate Status | 02/01/2012 - Referred to Senate Judiciary. | | House Status | 01/24/2012 - Referred to House General Subcommittee of Children & Family Affairs. | | Caption | AN
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. | | Citations | 36-05-0000, 24-07-0112, 36-02-0309, 36-02-0000 |
| Category | Family Law | | Sponsors | Sen. Kerry Roberts / Rep. Michael Ray McDonald | | Description | Gives
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 Status | 02/01/2012 - Referred to Senate Judiciary. | | House Status | 01/25/2012 - Referred to House Children & Family Affairs. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 16 and Title 36, relative to grandparent rights. | | Citations | 36-00-0000, 16-00-0000, 36-06-0108 |
Government Contracts - 1 | Category | Government Contracts | | Sponsors | Sen. Andy Berke / Rep. Gary W. Moore Sr. | | Description | Prohibits
persons who violate the Fair Labor Standards Act from contracting with
the state for the provision of good or services. | | Senate Status | 01/18/2012 - Referred to Senate State & Local Government. | | House Status | 01/24/2012 - Referred to House General Subcommittee of State & Local Government. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 12, Chapter 4, relative to public contracts. | | Citations | 12-04-0000, 12-04-0100 |
Government Organization - 17 | Category | Government Organization | | Sponsors | Sen. Mike Bell / Rep. Jim Cobb | | Description | Extends the advisory council on workers' compensation on June 30, 2014. | | Fiscal Note | Dated: January 23, 2012
Not significant. | | Senate Status | 01/13/2012 - Referred to Senate Government Operations. | | House Status | 02/09/2012 - Set for House Consent 02/13/12. | | Caption | AN
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. | | Citations | 50-06-0100, 04-29-0235, 04-29-0000, 04-29-0233 |
| Category | Government Organization | | Sponsors | Sen. Mike Bell / Rep. Jim Cobb | | Description | Sunsets the judicial nominating commission on June 30, 2013 Chapter 29 and Title 17, Chapter 4. | | Fiscal Note | Dated: January 30, 2012
Not significant. | | Senate Status | 01/13/2012 - Referred to Senate Government Operations. | | House Status | 01/18/2012 - Referred to House Government Operations. | | Caption | AN
ACT to amend Tennessee Code Annotated, Title 4, Chapter 29 and Title
17, Chapter 4, relative to the judicial nominating commission. | | Citations | 04-29-0000, 17-04-0000, 04-29-0233, 05-29-0234 |
| Category | Government Organization | | Sponsors | Sen. Stacey Campfield / Rep. Ryan A. Haynes | | Description | Repeals the office of legislative affairs in Knox County. | | Senate Status | 01/19/2012 - Local bill held on Senate clerk's desk. | | House Status | 02/09/2012 - Set for House Consent 02/13/12. | | Caption | AN ACT to repeal Chapter 64 of the Private Acts of 1971, relative to Office of Legislative Affairs for Knox County. | | Citations | |
| Category | Government Organization | | Sponsors | Sen. Mike Bell / Rep. Jim Cobb | | Description | Reduces
public notice period for government operations committee sunset
hearings published in newspaper of general circulation from ten days to
six days. | | Fiscal Note | Dated: January 17, 2012
Not significant. | | Senate Status | 01/19/2012 - Referred to Senate State & Local Government. | | House Status | 02/08/2012 - Taken off notice in House General Subcommittee of State & Local Government. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 4, Chapter 29, relative to the Tennessee Governmental Entity Review Law. | | Citations | 04-29-0000, 04-29-0104 |
| Category | Government Organization | | Sponsors | Sen. Mike Bell / Rep. Jim Cobb | | Description | Requires
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 Status | 01/19/2012 - Referred to Senate State & Local Government. | | House Status | 02/01/2012 - Withdrawn in House. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 4, Chapter 29, relative to the Tennessee Governmental Entity Review Law. | | Citations | 04-29-0000, 04-29-0104 |
| Category | Government Organization | | Sponsors | Sen. Jack Johnson / Rep. Charles M. Sargent | | Description | Decreases
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 Status | 01/23/2012 - Referred to Senate State & Local Government. | | House Status | 01/24/2012 - Referred to House General Subcommittee of State & Local Government. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 8, Chapter 44, relative to open meetings. | | Citations | 08-44-0000, 08-44-0109 |
| Category | Government Organization | | Sponsors | Sen. Mae Beavers / Rep. Mark Pody | | Description | Clarifies
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 Status | 01/26/2012 - Referred to Senate State & Local Government. | | House Status | 02/02/2012 - Referred to House State & Local Government. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 8, Chapter 44, relative to open meetings. | | Citations | 08-44-0000, 08-44-0102 |
| Category | Government Organization | | Sponsors | Sen. Mike Faulk / Rep. Bill W. Harmon | | Description | Limits terms for members of the house of representatives to 12 years and limits terms for members of the senate to 12 years. | | Senate Status | 01/30/2012 - Referred to Senate State & Local Government. | | House Status | 01/24/2012 - Referred to House General Subcommittee of State & Local Government. | | Caption | AN
ACT to amend Tennessee Code Annotated, Title 3, Chapter 1, Part 1,
relative to term limits for members of the general assembly. | | Citations | 03-01-0100 |
| Category | Government Organization | | Sponsors | Sen. Mark S. Norris / Rep. Gerald McCormick | | Description | Requires
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 Status | 01/30/2012 - Referred to Senate State & Local Government. | | House Status | 02/01/2012 - Referred to House State & Local Government. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 4 and Title 41. | | Citations | 04-00-0000, 41-00-0000, 41-52-0102 |
| Category | Government Organization | | Sponsors | Sen. Mike Bell / Rep. Eric Watson | | Description | Expands
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 Status | 01/30/2012 - Referred to Senate Government Operations. | | House Status | 02/01/2012 - Referred to House Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 4, Chapter 5, relative to the Uniform Administrative Procedures Act. | | Citations | 04-05-0000, 04-05-0307, 04-05-0300, 04-05-0306, 04-05-0325 |
| Category | Government Organization | | Sponsors | Sen. Lowe Finney / Rep. Mike Stewart | | Description | State
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 Status | 02/01/2012 - Referred to Senate Judiciary. | | House Status | 02/01/2012 - Referred to House Judiciary. | | Caption | AN
ACT to amend Tennessee Code Annotated, Title 8; Title 38; Title 39;
Title 40; Title 53 and Title 67, relative to law enforcement. | | Citations | 67-00-0000, 39-00-0000, 40-00-0000, 53-00-0000, 38-00-0000, 08-00-0000, 08-07-0309, 38-06-0101 |
| Category | Government Organization | | Sponsors | Sen. Lowe Finney / Rep. Mike Stewart | | Description | State
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 Status | 02/01/2012 - Referred to Senate Judiciary. | | House Status | 02/01/2012 - Referred to House Judiciary. | | Caption | AN
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. | | Citations | 67-00-0000, 39-00-0000, 40-00-0000, 53-00-0000, 38-00-0000, 08-00-0000, 08-07-0309, 38-06-0101 |
| Category | Government Organization | | Sponsors | Sen. Mike Bell / Rep. Jim Cobb | | Description | State
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 Status | 02/01/2012 - Referred to Senate Government Operations. | | House Status | 02/01/2012 - Referred to House Government Operations. | | Caption | AN
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. | | Citations | 04-29-0232, 04-29-0235, 04-29-0000, 20-09-0600 |
| Category | Government Organization | | Sponsors | Sen. Mike Bell / Rep. Vance Dennis | | Description | Creates
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 Status | 02/01/2012 - Referred to Senate Delayed Bills Committee. | | House Status | 02/01/2012 - Referred to House State & Local Government. | | Caption | AN
ACT to create a special joint committee for the purpose of conducting a
comprehensive study of the administrative process in this state. | | Citations | |
| Category | Government Organization | | Sponsors | Sen. Mike Bell / Rep. Vance Dennis | | Description | State
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 Status | 02/01/2012 - Referred to Senate Government Operations. | | House Status | 02/01/2012 - Referred to House Judiciary. House Government Operations will review if recommended. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 4, relative to the Uniform Administrative Procedures Act. | | Citations | 04-00-0000, 04-05-0315, 04-05-0300, 04-05-0316, 04-05-0318 |
| Category | Government Organization | | Sponsors | Sen. Reginald Tate / Rep. Phillip Johnson | | Description | Allows
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 Status | 02/01/2012 - Referred to Senate State & Local Government. | | House Status | 01/31/2012 - Referred to House General Subcommittee of State & Local Government. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 3, Chapter 6, relative to gifts. | | Citations | 03-06-0000, 03-06-0305 |
| Category | Government Organization | | Sponsors | Sen. James F. Kyle Jr. / Rep. Craig Fitzhugh | | Description | Creates
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 Note | Dated: January 25, 2012
Not significant. | | Senate Status | 02/01/2012 - Referred to Senate State & Local Government. | | House Status | 01/24/2012 - Referred to House General Subcommittee of State & Local Government. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 3, Chapter 2, relative to the "Influence Disclosure Act". | | Citations | 03-02-0000, 03-02-0100 |
Government Regulation - 8 | Category | Government Regulation | | Sponsors | Sen. Jim Tracy / Rep. Joey Hensley | | Description | Requires
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 Status | 01/13/2012 - Referred to Senate Health & Welfare. | | House Status | 02/01/2012 - Referred to House General Subcommittee of Health & Human Resources. | | Caption | AN
ACT to amend Tennessee Code Annotated, Title 4; Title 50 and Title 71,
relative to drug screenings of recipients of certain assistance. | | Citations | 04-00-0000, 71-00-0000, 50-00-0000, 71-03-0154, 71-03-0100 |
| Category | Government Regulation | | Sponsors | Sen. Lowe Finney / Rep. Craig Fitzhugh | | Description | Requires
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 Note | Dated: January 18, 2012
Not significant. | | Senate Status | 01/18/2012 - Referred to Senate State & Local Government. | | House Status | 01/25/2012 - Referred to House General Subcommittee of State & Local Government. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 2, Chapter 10, relative to campaign finance. | | Citations | 02-10-0000, 02-10-0206 |
| Category | Government Regulation | | Sponsors | Sen. Jim Summerville / Rep. John Ragan | | Description | Enacts
"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 Status | 01/26/2012 - Referred to Senate State & Local Government. | | House Status | 01/31/2012 - Referred to House State & Local Government. | | Caption | AN
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. | | Citations | 04-21-0100, 04-21-0000 |
| Category | Government Regulation | | Sponsors | Sen. Mae Beavers / Rep. Mark Pody | | Description | Requires
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 Status | 01/30/2012 - Referred to Senate Health & Welfare. | | House Status | 02/01/2012 - Referred to House General Subcommittee of Health & Human Resources. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 71, Chapter 5, Part 3, relative to food stamps. | | Citations | 71-05-0300 |
| Category | Government Regulation | | Sponsors | Sen. Randy McNally / Rep. Charles M. Sargent | | Description | Clarifies
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 Status | 01/30/2012 - Referred to Senate State & Local Government. | | House Status | 02/01/2012 - Referred to House General Subcommittee of State & Local Government. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 10, Chapter 7, Part 5, relative to public records. | | Citations | 10-07-0500, 10-07-0503 |
| Category | Government Regulation | | Sponsors | Sen. Reginald Tate / Rep. Brenda Gilmore | | Description | Requires
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 Status | 02/01/2012 - Referred to Senate Health & Welfare. | | House Status | 02/01/2012 - Referred to House General Subcommittee of Health & Human Resources. | | Caption | AN
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. | | Citations | 04-00-0000, 71-00-0000, 71-01-0100 |
| Category | Government Regulation | | Sponsors | Sen. Joe M. Haynes / Rep. Phillip Johnson | | Description | State
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 Status | 02/01/2012 - Referred to Senate Judiciary. | | House Status | 02/01/2012 - Referred to House General Subcommittee of Judiciary. | | Caption | AN
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. | | Citations | 07-00-0000, 68-00-0000, 05-00-0000, 06-00-0000, 13-00-0000, 27-00-0000, 08-00-0000, 29-00-0000, 13-07-0409 |
| Category | Government Regulation | | Sponsors | Rep. Harry J. Tindell | | Description | State
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 Status | None | | House Status | 02/01/2012 - Referred to House State & Local Government. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 3, Chapter 6, Part 1, relative to ethics courses and training. | | Citations | 03-06-0100, 03-06-0114, 03-06-0113 |
Health Care - 11 | Category | Health Care | | Sponsors | Sen. Steve Southerland / Rep. David B. Hawk | | Description | Limits
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 Note | Dated: January 29, 2012
Not significant. | | Senate Status | 01/13/2012 - Referred to Senate Health & Welfare Committee. | | House Status | 01/25/2012 - Referred to House General Subcommittee of Health & Human Resources. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 39; Title 53; Title 63 and Title 68, relative to pain management clinics. | | Citations | 68-00-0000, 39-00-0000, 53-00-0000, 63-00-0000, 63-01-0300 |
| Category | Health Care | | Sponsors | Sen. Mark S. Norris / Rep. Gerald McCormick | | Description | Requires
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 Status | 02/06/2012 - Senate passed. | | House Status | 02/09/2012 - House passed. | | Executive Status | 02/09/2012 - Sent to the speakers for signatures. | | Caption | AN
ACT to amend Tennessee Code Annotated, Section 68-120-204(a)(1),
relative to adoption of 2010 ADA Standards for Accessible Design. | | Citations | 68-120-0204 |
| Category | Health Care | | Sponsors | Sen. Mark S. Norris / Rep. Gerald McCormick | | Description | Revises
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) | | Amendment | House
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 Status | 02/09/2012 - Set for Senate Government Operations Committee 02/15/12. | | House Status | 02/09/2012 - Set for House Government Operations Committee 02/15/12. | | Caption | AN
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. | | Citations | 33-00-0000, 33-05-0301, 33-05-0302, 33-05-0304, 33-05-0303 |
| Category | Health Care | | Sponsors | Sen. Mark S. Norris / Rep. Gerald McCormick | | Description | Authorizes
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) | | Amendment | House
amendment 1 (01183603) changes the effective date to "upon becoming
law". House amendment 2 (01200918) corrects typographical errors,
changing the alignment of sections. | | Senate Status | 01/13/2012 - Referred to Senate Health & Welfare. | | House Status | 02/09/2012
- 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. | | Caption | AN
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. | | Citations | 68-00-0000, 68-11-0224 |
| Category | Health Care | | Sponsors | Sen. Mark S. Norris / Rep. Gerald McCormick | | Description | Revises
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) | | Amendment | House
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 Status | 01/13/2012 - Referred to Senate Health & Welfare. | | House Status | 02/09/2012 - Set for House Finance, Ways & Means Committee 02/14/12. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 71, Chapter 5, relative to the Medicaid False Claims Act. | | Citations | 71-05-0000, 71-05-0182, 71-05-0183, 71-05-0184 |
| Category | Health Care | | Sponsors | Sen. Randy McNally / Rep. Bill Dunn | | Description | Authorizes
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 Status | 01/18/2012 - Referred to Senate Health & Welfare Committee. | | House Status | 02/08/2012 - Referred to House General Subcommittee of Health & Human Resources. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 63, relative to suspension of certain licenses. | | Citations | 63-00-0000, 63-01-0100 |
| Category | Health Care | | Sponsors | Sen. Jack Johnson / Rep. Glen Casada | | Description | Provides
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." | | Amendment | House Judiciary amendment 1 (01285466) removes references to providing immunity for criminal liability to first responders. | | Senate Status | 01/19/2012 - Referred to Senate Judiciary. | | House Status | 02/09/2012 - Set for House Calendar & Rules Committee 02/14/12. | | Caption | AN
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. | | Citations | 07-86-0000, 29-00-0000, 29-34-0200, 68-140-0000, 63-06-0000 |
| Category | Health Care | | Sponsors | Sen. Mike Bell / Rep. Vance Dennis | | Description | Establishes
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 Status | 01/26/2012 - Referred to Senate Government Operations. | | House Status | 02/01/2012 - Referred to House General Subcommittee of Health & Human Resources. | | Caption | AN
ACT to amend Tennessee Code Annotated, Title 68, Chapter 11, Part 2,
relative to independent informal dispute resolution for nursing homes. | | Citations | 68-11-0200 |
| Category | Health Care | | Sponsors | Sen. Randy McNally / Rep. Bill Dunn | | Description | Prohibits
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 Status | 01/26/2012 - Referred to Senate Health & Welfare. | | House Status | 02/01/2012 - Referred to House General Subcommittee of Health & Human Resources. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 68, Chapter 11, relative to religious liberty rights of hospital patients. | | Citations | 68-11-0000, 68-11-0200 |
| Category | Health Care | | Sponsors | Sen. Mike Bell / Rep. Cameron Sexton | | Description | Eliminates
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 Status | 01/30/2012 - Referred to Senate Health & Welfare. | | House Status | 01/24/2012 - Referred to House General Subcommittee of Health & Human Resources. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 4; Title 68 and Title 71, relative to contraceptive procedures. | | Citations | 68-00-0000, 04-00-0000, 71-00-0000, 68-34-0103, 68-34-0104 |
| Category | Health Care | | Sponsors | Sen. Rusty Crowe / Rep. Matthew Hill | | Description | Creates
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 Status | 02/01/2012 - Referred to Senate Health & Welfare. | | House Status | 02/02/2012 - Referred to House Health & Human Resources. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 33 and Title 39, relative to a duty to warn in instances of threats of suicide. | | Citations | 39-00-0000, 33-00-0000 |
Insurance General - 6 | Category | Insurance General | | Sponsors | Sen. Bill Ketron / Rep. Charles Curtiss | | Description | Enacts
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 Status | 01/23/2012 - Referred to Senate Commerce, Labor & Agriculture. | | House Status | 02/01/2012 - Taken off notice in House General Subcommittee of Commerce. | | Caption | AN
ACT to amend Tennessee Code Annotated, Title 56 and Title 66, Chapter
29, to enact the "Unclaimed Life Insurance Benefits Act". | | Citations | 56-00-0000, 66-29-0000, 56-03-0900 |
| Category | Insurance General | | Sponsors | Sen. Bill Ketron / Rep. Charles Curtiss | | Description | Exempts
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 Status | 01/23/2012 - Referred to Senate Commerce, Labor & Agriculture. | | House Status | 02/01/2012 - Referred to House General Subcommittee of Commerce. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 56, Chapter 5, relative to insurance rates and rating organizations. | | Citations | 56-05-0000, 56-05-0306 |
| Category | Insurance General | | Sponsors | Sen. Bill Ketron / Rep. Charles Curtiss | | Description | Authorizes
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 Note | Dated: January 27, 2012
Not significant. | | Senate Status | 01/23/2012 - Referred to Senate Commerce, Labor & Agriculture. | | House Status | 02/01/2012 - Referred to House General Subcommittee of Commerce. | | Caption | AN
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. | | Citations | 56-08-0000, 56-08-0104, 56-05-0315 |
| Category | Insurance General | | Sponsors | Sen. Mark S. Norris / Rep. Linda Elam | | Description | Deletes
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 Status | 01/30/2012 - Referred to Senate Commerce, Labor & Agriculture. | | House Status | 02/09/2012 - Set for House General Subcommittee of Commerce 02/15/12. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 56, Chapter 8, Part 1, relative to insurance. | | Citations | 56-08-0104, 56-08-0100 |
| Category | Insurance General | | Sponsors | Sen. Bill Ketron / Rep. Charles M. Sargent | | Description | Provides
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 Status | 02/01/2012 - Referred to Senate Commerce, Labor & Agriculture. | | House Status | 02/01/2012 - Referred to House General Subcommittee of Commerce. | | Caption | AN ACT to amend Tennessee Code Annotated, Section 56-35-129, relative to title search and examination. | | Citations | 56-35-0129 |
| Category | Insurance General | | Sponsors | Sen. Reginald Tate / Rep. James O. Naifeh | | Description | Allows
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 Status | 02/01/2012 - Referred to Senate Commerce, Labor & Agriculture. | | House Status | 02/09/2012 - Set for House General Subcommittee of Commerce 02/15/12. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 56, Chapter 52, relative to charitable gift annuities. | | Citations | 56-52-0000, 56-52-0104, 56-52-0106 |
Insurance Health - 4 | Category | Insurance Health | | Sponsors | Sen. Jack Johnson / Rep. Glen Casada | | Description | Allows
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 Status | 01/23/2012 - Referred to Senate Commerce, Labor & Agriculture. | | House Status | 01/13/2012 - Introduced in the House | | Caption | AN ACT to amend Tennessee Code Annotated, Title 56, relative to individual health insurance coverage. | | Citations | 56-00-0000, 56-07-0000 |
| Category | Insurance Health | | Sponsors | Sen. James F. Kyle Jr. / Rep. Craig Fitzhugh | | Description | Revises limiting age for termination of health insurance coverage for dependents from 24 years of age to 26 years of age. | | Senate Status | 02/01/2012 - Referred to Senate Commerce, Labor & Agriculture. | | House Status | 01/24/2012 - Referred to House General Subcommittee of Commerce. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 56, Chapter 7, relative to dependent children. | | Citations | 56-07-0000, 56-07-2302 |
| Category | Insurance Health | | Sponsors | Sen. James F. Kyle Jr. / Rep. Craig Fitzhugh | | Description | Revises various state statutes concerning preexisting condition exclusions to be consistent with federal law. | | Senate Status | 02/01/2012 - Referred to Senate Commerce, Labor & Agriculture. | | House Status | 01/22/2012 - Referred to House General Subcommittee of Commerce. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 56, relative to preexisting condition exclusions. | | Citations | 56-00-0000, 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 |
| Category | Insurance Health | | Sponsors | Rep. Charles M. Sargent | | Description | Designates
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 Status | None | | House Status | 02/01/2012 - Withdrawn in House. | | Caption | AN
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. | | Citations | 04-00-0000, 56-00-0000, 71-00-0000, 04-03-1000 |
Judiciary - 40 | Category | Judiciary | | Sponsors | Sen. Brian K. Kelsey / Rep. Vance Dennis | | Description | Provides
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. | | Amendment | Senate
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 Status | 02/09/2012 - Set for Senate Judiciary Committee 02/14/12. | | House Status | 01/25/2012 - Referred to House Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 1, Chapter 3, Part 1, relative to the construction of certain statutes. | | Citations | 01-03-0100 |
| Category | Judiciary | | Sponsors | Sen. Doug Overbey / Rep. Vance Dennis | | Description | Creates
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 Status | 01/13/2012 - Referred to Senate Judiciary. | | House Status | 01/24/2012 - Referred to House General Subcommittee of Judiciary. | | Caption | AN
ACT to amend Tennessee Code Annotated, Title 33, Chapter 7, Part 3,
relative to criminal defendants believed to be incompetent to stand
trial. | | Citations | 33-07-0301, 33-07-0300 |
| Category | Judiciary | | Sponsors | Sen. Mike Bell / Rep. Jim Cobb | | Description | Extends the Tennessee court of the judiciary on June 30, 2013. | | Fiscal Note | Dated: January 30, 2012
Not significant. | | Senate Status | 01/13/2012 - Referred to Senate Government Operations. | | House Status | 01/18/2012 - Referred to House Government Operations. | | Caption | AN
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. | | Citations | 04-29-0000, 04-29-0234, 04-29-0233, 17-05-0200 |
| Category | Judiciary | | Sponsors | Sen. Mike Bell / Rep. Jim Cobb | | Description | Extends the judicial performance evaluation commission until June 30, 2013. | | Fiscal Note | Dated: January 30, 2012
Not significant. | | Senate Status | 01/13/2012 - Referred to Senate Government Operations. | | House Status | 01/18/2012 - Referred to House Government Operations. | | Caption | AN
ACT to amend Tennessee Code Annotated, Title 4, Chapter 29 and Title
17, Chapter 4, Part 2, relative to the judicial performance evaluation
commission. | | Citations | 04-29-0000, 04-29-0234, 04-29-0233, 17-04-0200 |
| Category | Judiciary | | Sponsors | Sen. Mae Beavers | | Description | Removes
the supreme court, circuit, criminal, and chancery court from
jurisdiction to determine the constitutionality of a statue properly
enacted by the general assembly. | | Senate Status | 01/23/2012 - Withdrawn in Senate. | | House Status | None | | Caption | AN ACT to amend Tennessee Code Annotated, Title 4, Chapter 5 and Title 16, relative to the jurisdiction of the courts. | | Citations | 04-05-0000, 16-00-0000, 16-03-0201, 16-10-0101, 04-05-0225 |
| Category | Judiciary | | Sponsors | Sen. Mike Bell / Rep. Eric Watson | | Description | Requires
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 Status | 01/18/2012 - Referred to Senate Judiciary. | | House Status | 02/09/2012 - Set for House General Subcommittee of Judiciary 02/15/12. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 16; Title 39 and Title 40, relative to grand jury proceedings. | | Citations | 39-00-0000, 40-00-0000, 16-00-0000, 40-12-0100, 40-12-0208, 40-12-0209 |
| Category | Judiciary | | Sponsors | Sen. Joe M. Haynes / Rep. Jim Gotto | | Description | Authorizes
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 Status | 01/18/2012 - Referred to Senate Judiciary. | | House Status | 02/09/2012 - Set for House Children & Family Affairs Committee 02/15/12. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 34 and Title 63, relative to conservatorship. | | Citations | 63-00-0000, 34-00-0000, 34-03-0104, 34-03-0105 |
| Category | Judiciary | | Sponsors | Sen. Randy McNally / Rep. Gerald McCormick | | Description | Creates
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 Status | 01/18/2012 - Referred to Senate Judiciary. | | House Status | 02/01/2012 - Referred to House General Subcommittee of Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 8 and Title 16, Chapter 2, relative to public employees. | | Citations | 08-00-0000, 16-02-0500, 16-02-0000 |
| Category | Judiciary | | Sponsors | Sen. Tim Barnes / Rep. Janis Baird Sontany | | Description | Adds
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 Status | 02/09/2012 - Set for Senate Judiciary Committee 02/14/12. | | House Status | 01/25/2012 - Referred to House Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Section 24-9-101, relative to physician assistants. | | Citations | 24-09-0101 |
| Category | Judiciary | | Sponsors | Sen. Randy McNally / Rep. Bill Dunn | | Description | Specifies
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 Status | 01/23/2012 - Referred to Senate Judiciary. | | House Status | 01/25/2012 - Referred to House General Subcommittee of Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 40, Chapter 18, relative to verdicts in criminal cases. | | Citations | 40-18-0000, 40-18-0100 |
| Category | Judiciary | | Sponsors | Sen. Stacey Campfield / Rep. Vance Dennis | | Description | Requires
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 Status | 01/23/2012 - Referred to Senate Judiciary. | | House Status | 01/31/2012 - Referred to House General Subcommittee of Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 25, relative to offers of judgment. | | Citations | 25-00-0000 |
| Category | Judiciary | | Sponsors | Sen. Mike Faulk / Rep. Vince Dean | | Description | Eliminates
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 Status | 02/09/2012 - Set for Senate Judiciary Committee 02/14/12. | | House Status | 01/24/2012 - Referred to House General Subcommittee of Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Section 40-11-137, relative to surrendering defendants. | | Citations | 40-11-0137 |
| Category | Judiciary | | Sponsors | Sen. Rusty Crowe / Rep. Dale Ford | | Description | Exempts
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 Status | 01/23/2012 - Referred to Senate Commerce, Labor & Agriculture. | | House Status | 01/23/2012 - Referred to House Commerce. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 20, Chapter 9, Part 6, relative to continuing education for court reporters. | | Citations | 20-09-0612, 20-09-0600 |
| Category | Judiciary | | Sponsors | Sen. Jack Johnson / Rep. Vance Dennis | | Description | Authorizes
the award of punitive damages in a civil action against a defendant
based on vicarious liability under certain circumstances. | | Senate Status | 01/23/2012 - Referred to Senate Judiciary. | | House Status | 02/01/2012 - Referred to House General Subcommittee of Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 29, relative to punitive damages. | | Citations | 29-00-0000, 29-39-0104 |
| Category | Judiciary | | Sponsors | Sen. Jack Johnson / Rep. Vance Dennis | | Description | Removes
judicial discretion to apportion costs and permits recovery of certain
litigation costs by the successful party on motions to dismiss. | | Senate Status | 01/23/2012 - Referred to Senate Judiciary. | | House Status | 02/01/2012 - Referred to House General Subcommittee of Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 20; Title 25; Title 27 and Title 29, relative to motions to dismiss. | | Citations | 27-00-0000, 20-00-0000, 29-00-0000, 25-00-0000, 20-12-0119 |
| Category | Judiciary | | Sponsors | Sen. Joe M. Haynes / Rep. Mike Stewart | | Description | Authorizes
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 Status | 01/25/2012 - Referred to Senate Judiciary. | | House Status | 01/25/2012 - Referred to House Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 29 and Title 66, relative to trespass. | | Citations | 66-00-0000, 29-00-0000, 29-36-0000 |
| Category | Judiciary | | Sponsors | Sen. Rusty Crowe / Rep. Jon Lundberg | | Description | Increases from five to seven days the notice required to a defendant prior to a hearing regarding abatement of a nuisance. | | Fiscal Note | Dated: January 25, 2012
Not significant. | | Senate Status | 01/25/2012 - Referred to Senate Judiciary. | | House Status | 01/25/2012 - Referred to House Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 23 and Title 29, relative to maintaining certain causes of action. | | Citations | 23-00-0000, 29-00-0000, 29-03-0106 |
| Category | Judiciary | | Sponsors | Sen. Mike Faulk / Rep. Vance Dennis | | Description | Terminates
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 Note | Dated: January 28, 2012
Not significant. | | Senate Status | 02/09/2012 - Set for Senate Judiciary Committee 02/14/12. | | House Status | 02/09/2012 - Set for House General Subcommittee of Judiciary 02/15/12. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 4, Chapter 29 and Title 17, Chapter 5, relative to the court of the judiciary. | | Citations | 04-29-0236, 04-29-0000, 17-05-0000, 17-05-0200, 17-05-0304, 17-05-0201 |
| Category | Judiciary | | Sponsors | Sen. Brian K. Kelsey / Rep. Barrett Rich | | Description | Allows
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 Status | 01/25/2012 - Referred to Senate State & Local Government. | | House Status | 01/31/2012 - Referred to House General Subcommittee of State & Local Government. | | Caption | AN ACT to amend Tennessee Code Annotated, Section 8-21-401, relative to court clerks' fees. | | Citations | 08-21-0401 |
| Category | Judiciary | | Sponsors | Sen. Brian K. Kelsey / Rep. Vance Dennis | | Description | Requires
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 Status | 01/26/2012 - Referred to Senate Judiciary. | | House Status | 01/31/2012 - Referred to House General Subcommittee of Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 20, relative to settlement offers. | | Citations | 20-00-0000 |
| Category | Judiciary | | Sponsors | Sen. Tim Barnes / Rep. Curtis G. Johnson | | Description | Allows the collection of criminal court fines, costs, and litigation taxes in same manner as civil debt. Broadly captioned. | | Senate Status | 01/26/2012 - Referred to Senate Judiciary. | | House Status | 01/31/2012 - Referred to House General Subcommittee of Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 20 and Title 40, relative to monies owed to courts. | | Citations | 40-00-0000, 20-00-0000, 40-24-0105 |
| Category | Judiciary | | Sponsors | Sen. Mike Faulk / Rep. Eric Watson | | Description | Establishes
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 Status | 01/26/2012 - Referred to Senate Judiciary. | | House Status | 02/01/2012 - Referred to House Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 17, Chapter 4, Part 1, relative to judicial selection. | | Citations | 17-04-0100, 17-04-0109, 17-04-0112, 17-04-0110, 17-04-0111, 17-04-0113, 17-04-0119 |
| Category | Judiciary | | Sponsors | Sen. Mike Faulk / Rep. Vance Dennis | | Description | Clarifies
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 Status | 01/26/2012 - Referred to Senate Judiciary. | | House Status | 01/26/2012 - Referred to House Judiciary. | | Caption | AN
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. | | Citations | 23-03-0102, 02-10-0102, 17-01-0105, 17-02-0112, 17-02-0202 |
| Category | Judiciary | | Sponsors | Sen. Brian K. Kelsey / Rep. Jim Coley | | Description | Authorizes
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 Status | 01/26/2012 - Referred to Senate Judiciary. | | House Status | 02/09/2012 - Set for House General Subcommittee of Judiciary 02/15/12. | | Caption | AN
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 | |
| Category | Judiciary | | Sponsors | Sen. Bill Ketron / Rep. Rick Womick | | Description | Requires
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 Status | 02/07/2012 - Senate Judiciary deferred to 2/21/2012. | | House Status | 01/31/2012 - Referred to House General Subcommittee of Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 33, Chapter 7, Part 3, relative to mental health of defendants. | | Citations | 33-07-0304, 33-07-0300 |
| Category | Judiciary | | Sponsors | Sen. Tim Barnes / Rep. John J. Deberry Jr. | | Description | Makes
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 Status | 02/09/2012 - Set for Senate Judiciary Committee 02/14/12. | | House Status | 02/09/2012 - Set for House General Subcommittee of Judiciary 02/15/12. | | Caption | AN
ACT to amend Tennessee Code Annotated, Section 37-1-155; Section
37-1-153 and Section 40-32-101, relative to juvenile court records. | | Citations | 40-32-0101, 37-01-0153, 37-01-0155 |
| Category | Judiciary | | Sponsors | Sen. Tim Barnes / Rep. John J. Deberry Jr. | | Description | Requires
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 Status | 02/09/2012 - Set for Senate Judiciary Committee 02/14/12. | | House Status | 02/09/2012 - Set for House General Subcommittee of Judiciary 02/15/12. | | Caption | AN
ACT to amend Tennessee Code Annotated, Section 37-1-121 and Section
37-1-120, relative to a petition and summons in juvenile court. | | Citations | 37-01-0120, 37-01-0121 |
| Category | Judiciary | | Sponsors | Sen. Brian K. Kelsey / Rep. Vance Dennis | | Description | Prohibits
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 Status | 01/30/2012 - Referred to Senate Judiciary. | | House Status | 02/01/2012 - Referred to House General Subcommittee of Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 38; Title 39 and Title 40, relative to surveillance by unmanned mechanisms. | | Citations | 39-00-0000, 40-00-0000, 38-00-0000, 40-06-0300 |
| Category | Judiciary | | Sponsors | Sen. Jim Tracy / Rep. Joe Carr | | Description | Prohibits
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 Status | 01/30/2012 - Referred to Senate Judiciary. | | House Status | 02/08/2012 - House General Subcommittee of Judiciary deferred to 2/22/2012. | | Caption | AN
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. | | Citations | 28-00-0000, 20-00-0000, 18-00-0000, 16-00-0000, 20-01-0000 |
| Category | Judiciary | | Sponsors | Sen. Randy McNally / Rep. John Ragan | | Description | Authorizes
creation of specialized veterans' courts with the flexibility necessary
to meet the specialized problems faced by veteran and servicemember
defendants (11 pp.). | | Senate Status | 02/01/2012 - Referred to Senate Judiciary. | | House Status | 02/01/2012 - Referred to House General Subcommittee of Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 16, relative to the Veterans Court Treatment Act. | | Citations | 16-00-0000 |
| Category | Judiciary | | Sponsors | Sen. Lowe Finney / Rep. Mike Stewart | | Description | Requires
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 Status | 02/01/2012 - Referred to Senate Judiciary. | | House Status | 02/01/2012 - Referred to House Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 8; Title 38; Title 39; Title 40 and Title 53, relative to criminal law. | | Citations | 39-00-0000, 40-00-0000, 53-00-0000, 38-00-0000, 08-00-0000, 40-35-0301 |
| Category | Judiciary | | Sponsors | Sen. Mike Bell / Rep. Vance Dennis | | Description | Requires
the speakers of the house and senate appoint the nine members of the
judicial evaluation commission since the judicial council no longer
exists. | | Senate Status | 02/01/2012 - Referred to Senate Judiciary. | | House Status | 02/01/2012 - Referred to House Judiciary. | | Caption | AN
ACT to amend Tennessee Code Annotated, Title 17, Chapter 4, Part 2,
relative to the judicial performance evaluation commission. | | Citations | 17-04-0201, 17-04-0200 |
| Category | Judiciary | | Sponsors | Sen. Randy McNally / Rep. Mike Stewart | | Description | Authorizes
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 Status | 02/01/2012 - Referred to Senate Judiciary. | | House Status | 02/06/2012 - Referred to House Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 16, Chapter 20, Part 1, relative to litigation taxes. | | Citations | 16-20-0106, 16-20-0100 |
| Category | Judiciary | | Sponsors | Sen. Brian K. Kelsey | | Description | Proposes
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 Note | Dated: January 4, 2012
Increase state expenditures - $18,000/one-time. | | Senate Status | 01/12/2012 - Referred to Senate Judiciary. | | House Status | None | | Caption | A
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 | |
| Category | Judiciary | | Sponsors | Sen. Mae Beavers | | Description | Approves amendments and revisions to Tennessee rules of civil procedure. | | Senate Status | 02/09/2012 - Introduced in the Senate. | | House Status | None | | Caption | A
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 | |
| Category | Judiciary | | Sponsors | Sen. Mae Beavers | | Description | Approves amendments and revisions to Tennessee rules of criminal procedure. | | Senate Status | 02/09/2012 - Introduced in the Senate. | | House Status | None | | Caption | A
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 | |
| Category | Judiciary | | Sponsors | Sen. Mae Beavers | | Description | Approves amendments and revisions to Tennessee rules of appellate procedure. | | Senate Status | 02/09/2012 - Introduced in the Senate. | | House Status | None | | Caption | A
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 | |
| Category | Judiciary | | Sponsors | Sen. Mae Beavers | | Description | Approves amendments and revisions to Tennessee rules of evidence. | | Senate Status | 02/09/2012 - Introduced in the Senate. | | House Status | None | | Caption | A
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 | |
| Category | Judiciary | | Sponsors | Sen. Mae Beavers | | Description | Approves amendments and revisions to Tennessee rules of juvenile procedure. | | Senate Status | 02/09/2012 - Introduced in the Senate. | | House Status | None | | Caption | A
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 | |
| Category | Judiciary | | Sponsors | Rep. Mike Turner | | Description | Abolishes
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 Status | None | | House Status | 02/09/2012 - Withdrawn in House. | | Caption | AN
ACT to amend Tennessee Code Annotated, Title 17, Chapter 5, Part 2,
relative to the composition of the court of the judiciary. | | Citations | 17-05-0200, 17-05-0201 |
Labor Law - 9 | Category | Labor Law | | Sponsors | Sen. Mark S. Norris / Rep. Gerald McCormick | | Description | Gives
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 Status | 02/09/2012 - Set for Senate Commerce, Labor & Agriculture Committee 02/14/12. | | House Status | 02/08/2012 - House General Subcommittee of Consumer & Employee Affairs deferred to 02/22/12. | | Caption | AN
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. | | Citations | 50-07-0303, 50-07-0304, 50-07-0501, 50-07-0715 |
| Category | Labor Law | | Sponsors | Sen. Beverly Marrero | | Description | ntate
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 Status | 01/18/2012 - Referred to Senate State & Local Government. | | House Status | 01/31/2012 - Referred to House General Subcommittee of State & Local Government. | | Caption | AN
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. | | Citations | 37-00-0000, 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 |
| Category | Labor Law | | Sponsors | Sen. Andy Berke / Rep. Craig Fitzhugh | | Description | Enacts
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 Status | 01/23/2012 - Referred to Senate Commerce, Labor & Agriculture. | | House Status | 01/25/2012 - Referred to House Consumer & Employee Affairs. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 4, to enact the "Lifelong Learning Accounts Act of 2012". | | Citations | 04-00-0000 |
| Category | Labor Law | | Sponsors | Sen. Bill Ketron / Rep. Jeremy Faison | | Description | Specifies
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 Status | 01/23/2012 - Referred to Senate Commerce, Labor & Agriculture. | | House Status | 01/25/2012 - Referred to House General Subcommittee of Consumer & Employee Affairs. | | Caption | AN
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. | | Citations | 43-00-0000, 50-03-0000, 50-03-0900, 50-05-0000 |
| Category | Labor Law | | Sponsors | Sen. Brian K. Kelsey / Rep. Vance Dennis | | Description | Restricts
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 Status | 01/26/2012 - Referred to Senate Judiciary. | | House Status | 01/31/2012 - Referred to House General Subcommittee of Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Section 29-39-104, relative to punitive damages awards based on vicarious liability. | | Citations | 29-39-0104 |
| Category | Labor Law | | Sponsors | Sen. Jack Johnson / Rep. Debra Young Maggart | | Description | Provides that only authorized persons have access to evidence or information resulting from administrative inspections. | | Senate Status | 02/09/2012 - Set for Senate Commerce, Labor & Agriculture Committee 02/14/12. | | House Status | 01/24/2012 - Referred to House General Subcommittee of Consumer & Employee Affairs. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 50, relative to employers and employees. | | Citations | 50-00-0000, 50-04-0100 |
| Category | Labor Law | | Sponsors | Sen. Brian K. Kelsey / Rep. Mike Sparks | | Description | Requires
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 Status | 01/26/2012 - Referred to Senate Commerce, Labor & Agriculture. | | House Status | 01/31/2012 - Referred to House General Subcommittee of Consumer & Employee Affairs. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 50, Chapter 1, Part 2, relative to right to work. | | Citations | 50-01-0200 |
| Category | Labor Law | | Sponsors | Sen. Ken Yager / Rep. Dennis Powers | | Description | Requires
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 Status | 01/26/2012 - Referred to Senate Health & Welfare. | | House Status | 01/25/2012 - Referred to House Health & Human Resources. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 71, relative to the reform of various public assistance programs . | | Citations | 71-00-0000 |
| Category | Labor Law | | Sponsors | Sen. Mike Faulk / Rep. Eddie Bass | | Description | Prohibits
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 Status | 02/09/2012 - Set for Senate Commerce, Labor & Agriculture Committee 02/14/12. | | House Status | 02/01/2012 - Referred to House Consumer & Employee Affairs. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 39; Title 40 and Title 50, relative to employment practices. | | Citations | 39-00-0000, 40-00-0000, 50-00-0000, 50-01-0300 |
Local Government - 8 | Category | Local Government | | Sponsors | Sen. James F. Kyle Jr. / Rep. Brenda Gilmore | | Description | Repeals
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 Note | Dated: August 16, 2011
Not significant. | | Senate Status | 01/24/2012 - Taken off notice in Senate State & Local Government. | | House Status | 01/24/2012 - Referred to House General Subcommittee of State & Local Government. | | Caption | AN
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 | |
| Category | Local Government | | Sponsors | Sen. Brian K. Kelsey / Rep. Glen Casada | | Description | Prohibits
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 Note | Dated: January 10, 2012
Not significant. | | Senate Status | 01/12/2012 - Referred to Senate State & Local Government. | | House Status | 01/12/2012 - Referred to House State & Local Government. | | Caption | AN
ACT to amend Tennessee Code Annotated, Section 7-51-1802, relative to
limitations on actions of local governments related to certain business
practices. | | Citations | 07-51-1802 |
| Category | Local Government | | Sponsors | Sen. Mike Faulk / Rep. Dennis Powers | | Description | Prohibits
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 Note | Dated: January 30, 2012
Not significant. | | Senate Status | 02/06/2012 - Senate passed. | | House Status | 01/24/2012 - Referred to House General Subcommittee of State & Local Government. | | Caption | AN
ACT to amend Tennessee Code Annotated, Section 5-21-121 and Section
54-7-203, relative to local government purchasing and conflicts of
interest. | | Citations | 05-21-0121, 54-07-0203 |
| Category | Local Government | | Sponsors | Sen. Becky Duncan Massey / Rep. Ryan A. Haynes | | Description | Authorizes
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. | | Amendment | House
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 Status | 02/09/2012 - Set for Senate Judiciary Committee 02/14/12. | | House Status | 02/09/2012 - Set for House Finance, Ways & Means Committee 02/14/12. | | Caption | AN
ACT to amend Tennessee Code Annotated, Section 8-21-401, relative to
fees of court clerks in counties having a charter form of government. | | Citations | 08-21-0401 |
| Category | Local Government | | Sponsors | Sen. Jack Johnson / Rep. Jim Gotto | | Description | Eliminates
the power of eminent domain for housing authorities and permits
governing bodies to institute eminent domain proceedings on behalf of
housing authorities. | | Senate Status | 01/26/2012 - Referred to Senate Judiciary. | | House Status | 01/31/2012 - Referred to House General Subcommittee of State & Local Government. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 12; Title 13 and Title 29, relative to relative to eminent domain. | | Citations | 13-00-0000, 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 |
| Category | Local Government | | Sponsors | Sen. Charlotte Burks / Rep. Kelly Keisling | | Description | Repeals provision allowing county clerks, court clerks, registers of deeds, and sheriffs to keep payments for special services. | | Senate Status | 02/09/2012 - Withdrawn in Senate. | | House Status | 02/01/2012 - Referred to House General Subcommittee of State & Local Government. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 8, Chapter 22, Part 1, relative to the compensation of certain local officials. | | Citations | 08-22-0100, 08-22-0101, 08-22-0103 |
| Category | Local Government | | Sponsors | Sen. Mike Faulk / Rep. Jon Lundberg | | Description | Authorizes
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 Status | 01/30/2012 - Referred to Senate Judiciary. | | House Status | 02/01/2012 - Referred to House Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Section 67-4-601, relative to county litigation taxes. | | Citations | 67-04-0601 |
| Category | Local Government | | Sponsors | Sen. Bo Watson / Rep. Richard Floyd | | Description | Enacts
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 Status | 02/01/2012 - Referred to Senate Judiciary. | | House Status | 02/01/2012 - Referred to House General Subcommittee of Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 7, Chapter 51, relative to nuisance activities. | | Citations | 07-51-0000 |
Media & Publishing - 5 | Category | Media & Publishing | | Sponsors | Sen. Stacey Campfield / Rep. Jeremy Faison | | Description | Limits
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 Status | 01/23/2012 - Referred to Senate Judiciary. | | House Status | 01/23/2012 - Withdrawn in House. | | Caption | AN ACT to amend Tennessee Code Annotated, Section 10-7-504, relative to handgun carry permits. | | Citations | 10-07-0504 |
| Category | Media & Publishing | | Sponsors | Sen. Mae Beavers / Rep. Eric Watson | | Description | Clarifies that written requests for copies of pubic records to record custodians may be sent electronically. | | Senate Status | 01/25/2012 - Referred to Senate State & Local Government. | | House Status | 02/01/2012 - Referred to House State & Local Government. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 10, Chapter 7, relative to open records. | | Citations | 10-07-0000, 10-07-0503 |
| Category | Media & Publishing | | Sponsors | Sen. Brian K. Kelsey / Rep. Mike Stewart | | Description | Enacts
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 Status | 01/26/2012 - Referred to Senate Judiciary. | | House Status | 02/01/2012 - Referred to House Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 1; Title 8 and Title 10, relative to the Uniform Electronic Legal Material Act. | | Citations | 10-00-0000, 08-00-0000, 01-00-0000 |
| Category | Media & Publishing | | Sponsors | Sen. Mark S. Norris / Rep. Debra Young Maggart | | Description | Increases
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 Note | Dated: January 14, 2012
Not significant. | | Senate Status | 01/30/2012 - Referred to Senate Judiciary. | | House Status | 01/24/2012 - Referred to House General Subcommittee of State & Local Government. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 18. | | Citations | 18-00-0000, 18-01-0204 |
| Category | Media & Publishing | | Sponsors | Sen. Bill Ketron / Rep. Rick Womick | | Description | Requires
that notices for foreclosures, land sales, transactions involving real
property or other legal notices to be published online and in a local
newspaper. | | Senate Status | 02/01/2012 - Referred to Senate State & Local Government. | | House Status | 01/25/2012 - Referred to House State & Local Government. | | Caption | AN ACT to amend Tennessee Code Annotated, relative to acceptable forms of public notice. | | Citations | 01-03-0000 |
Miscellaneous - 2 | Category | Miscellaneous | | Sponsors | Sen. Kerry Roberts / Rep. Andy Holt | | Description | Enacts
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 Status | 02/01/2012 - Referred to Senate Education. | | House Status | 02/01/2012 - Referred to House Education. | | Caption | AN
ACT to amend Tennessee Code Annotated, Title 49, Chapter 6, relative to
voluntary student expression of religious viewpoints in public schools. | | Citations | 49-06-0000, 49-06-1800 |
| Category | Miscellaneous | | Sponsors | Rep. Barbara W. Cooper | | Description | Expresses
support for free legal representation for Tennessee citizens in matters
regarding denial of unemployment compensation by the department of
labor and workforce development. | | Fiscal Note | Dated: 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 Status | None | | House Status | 02/09/2012 - Set for House Consumer & Employee Affairs Committee 02/14/12. | | Caption | A
RESOLUTION to express support for free legal representation for
Tennessee citizens in matters regarding denial of unemployment benefits. | | Citations | |
Professions & Licensure - 2 | Category | Professions & Licensure | | Sponsors | Sen. Reginald Tate / Rep. G.A. Hardaway | | Description | Enacts
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 Status | 02/01/2012 - Referred to Senate Commerce, Labor & Agriculture. | | House Status | 01/24/2012 - Referred to House General Subcommittee of Commerce. | | Caption | AN
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. | | Citations | 47-00-0000, 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 |
| Category | Professions & Licensure | | Sponsors | Sen. Mike Faulk / Rep. Ryan A. Haynes | | Description | State
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 Status | 02/01/2012 - Referred to Senate Commerce, Labor & Agriculture. | | House Status | 02/01/2012 - Referred to House Commerce. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 62, relative to fair trade practices in the entertainment industry. | | Citations | 62-00-0000, 62-51-0101 |
Property & Housing - 9 | Category | Property & Housing | | Sponsors | Sen. Randy McNally / Rep. Julia Hurley | | Description | Mandates
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 Status | 01/19/2012 - Referred to Senate Commerce, Labor & Agriculture. | | House Status | 01/24/2012 - Referred to House General Subcommittee of Commerce. | | Caption | AN
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. | | Citations | 67-00-0000, 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 |
| Category | Property & Housing | | Sponsors | Sen. Charlotte Burks / Rep. Ryan Williams | | Description | Limits
application of the Uniform Residential Landlord and Tenant Act to
counties having a population of more than 75,000 instead of 68,000. | | Senate Status | 01/23/2012 - Referred to Senate Commerce, Labor & Agriculture. | | House Status | 02/09/2012 - Set for House Commerce Committee 02/14/12. | | Caption | AN ACT to amend Tennessee Code Annotated, Section 66-28-102, relative to application of the "Uniform Landlord and Tenant Act". | | Citations | 66-28-0102 |
| Category | Property & Housing | | Sponsors | Sen. Stacey Campfield / Rep. Charles Curtiss | | Description | Permits
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 Status | 02/09/2012 - Set for Senate Commerce, Labor & Agriculture Committee 02/14/12. | | House Status | 02/09/2012 - Set for House General Subcommittee of Commerce 02/15/12. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 66, Chapter 28, relative to the Uniform Landlord and Tenant Act. | | Citations | 66-28-0000, 66-28-0301, 66-28-0517 |
| Category | Property & Housing | | Sponsors | Sen. Mike Bell / Rep. Glen Casada | | Description | Revises
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 Status | 01/26/2012 - Referred to Senate Judiciary. | | House Status | 01/26/2012 - Referred to House Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 26, Chapter 2, Part 3, relative to the homestead. | | Citations | 26-02-0300, 26-02-0301 |
| Category | Property & Housing | | Sponsors | Sen. Joe M. Haynes / Rep. Mike Stewart | | Description | Requires
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 Note | Dated: January 28, 2012
Not significant. | | Senate Status | 01/26/2012 - Referred to Senate Commerce, Labor & Agriculture. | | House Status | 02/01/2012 - Referred to House General Subcommittee of Commerce. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 66, Chapter 32, relative to consumer protection. | | Citations | 66-32-0000, 66-32-0112, 66-32-0132, 66-32-0114 |
| Category | Property & Housing | | Sponsors | Sen. Reginald Tate / Rep. G.A. Hardaway | | Description | Gives
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 Note | Dated: January 21, 2012
Not significant. | | Senate Status | 02/01/2012 - Referred to Senate Judiciary. | | House Status | 01/24/2012 - Referred to House General Subcommittee of Commerce. | | Caption | AN
ACT to amend Tennessee Code Annotated, Title 66, relative to the
termination of residential lease or rental agreements under certain
circumstances. | | Citations | 66-00-0000, 66-07-0000, 66-28-0200 |
| Category | Property & Housing | | Sponsors | Sen. Mae Beavers / Rep. Rick Womick | | Description | Defines
"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 Status | 02/01/2012 - Referred to Senate Judiciary. | | House Status | 02/09/2012 - Set for House General Subcommittee of Judiciary 02/15/12. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 12, Chapter 1, Part 2, relative to private property rights. | | Citations | 12-01-0200, 12-01-0202 |
| Category | Property & Housing | | Sponsors | Sen. Eric Stewart / Rep. David Alexander | | Description | Prohibits
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 Status | 02/01/2012 - Referred to Senate Commerce, Labor & Agriculture. | | House Status | 02/02/2012 - Referred to House Commerce. | | Caption | AN
ACT to amend Tennessee Code Annotated, Title 29; Title 35, Chapter 5;
Title 45, Chapter 20; Title 47 and Title 66, relative to foreclosures. | | Citations | 47-00-0000, 66-00-0000, 29-00-0000, 35-05-0000, 45-20-0000 |
| Category | Property & Housing | | Sponsors | Sen. Bill Ketron / Rep. Jim Gotto | | Description | Enacts
"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 Status | 02/01/2012 - Referred to Senate State & Local Government. | | House Status | 02/01/2012 - Referred to House State & Local Government. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 13, Chapter 7, relative to nonconforming property. | | Citations | 13-07-0208, 13-07-0000, 13-07-0500 |
Public Employees - 8 | Category | Public Employees | | Sponsors | Sen. Mae Beavers / Rep. Mark Pody | | Description | Requires
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 Status | 01/23/2012 - Referred to Senate Judiciary. | | House Status | 02/01/2012 - Referred to House Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 8; Title 17; Title 39 and Title 40, relative to conflicts of interest. | | Citations | 39-00-0000, 40-00-0000, 08-00-0000, 08-07-0100 |
| Category | Public Employees | | Sponsors | Sen. Ken Yager / Rep. Jon Lundberg | | Description | Requires the court clerk to increase filing and data entry fee by $2.00 except in certain cases brought by the state. | | Senate Status | 01/26/2012 - Referred to Senate Judiciary. | | House Status | 01/25/2012 - Referred to House General Subcommittee of Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Section 8-21-401 and Section 8-21-409, relative to fees collected by court clerks. | | Citations | 08-21-0401, 08-21-0409 |
| Category | Public Employees | | Sponsors | Sen. Randy McNally / Rep. Bill Dunn | | Description | Prohibits
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 Status | 01/26/2012 - Referred to Senate Judiciary. | | House Status | 02/01/2012 - Referred to House Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 8, Chapter 23; Title 16 and Title 17, relative to judicial compensation. | | Citations | 17-00-0000, 16-00-0000, 08-23-0000, 08-23-0103 |
| Category | Public Employees | | Sponsors | Sen. Mike Faulk / Rep. Jim Gotto | | Description | Allows
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 Status | 01/30/2012 - Referred to Senate State & Local Government. | | House Status | 02/02/2012 - Referred to House State & Local Government. | | Caption | AN
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. | | Citations | 08-00-0000, 29-00-0000, 08-19-0101, 29-20-0406 |
| Category | Public Employees | | Sponsors | Sen. Doug Overbey / Rep. Vance Dennis | | Description | State
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 Status | 01/30/2012 - Referred to Senate Judiciary. | | House Status | 02/01/2012 - Referred to House General Subcommittee of Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 8, Chapter 14 and Title 9, Chapter 4, relative to district public defenders. | | Citations | 09-04-0000, 08-14-0000, 08-14-0403 |
| Category | Public Employees | | Sponsors | Sen. Dolores R. Gresham / Rep. John Ragan | | Description | Adds
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 Status | 02/01/2012 - Referred to Senate Commerce, Labor & Agriculture. | | House Status | 02/01/2012 - House General Subcommittee of Commerce deferred to 02/22/12. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 8, Chapter 33, Part 1, relative to employees in military service. | | Citations | 08-33-0100, 08-33-0110 |
| Category | Public Employees | | Sponsors | Sen. Roy B. Herron / Rep. Craig Fitzhugh | | Description | Creates
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 Status | 02/01/2012 - Referred to Senate State & Local Government. | | House Status | 02/02/2012 - Referred to House General Subcommittee of State & Local Government. | | Caption | AN
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. | | Citations | 03-06-0000, 08-50-0500, 12-04-0100, 02-10-0100, 12-03-0100 |
| Category | Public Employees | | Sponsors | Rep. Vance Dennis | | Description | State
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 Status | None | | House Status | 02/01/2012 - Referred to House Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 8, Chapter 14 and Title 9, Chapter 4, relative to district public defenders. | | Citations | 09-04-0000, 08-14-0000, 08-14-0403 |
Public Finance - 5 | Category | Public Finance | | Sponsors | Sen. Beverly Marrero / Rep. Jim Coley | | Description | Requires
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 Status | 01/23/2012 - Referred to Senate State & Local Government. | | House Status | 02/08/2012 - House General Subcommittee of State & Local Government deferred to summer study. | | Caption | AN
ACT to amend Tennessee Code Annotated, Title 3, Chapter 2, Part 1,
relative to fiscal notes for certain bills affecting public health and
safety. | | Citations | 03-02-0107, 03-02-0100 |
| Category | Public Finance | | Sponsors | Sen. Bill Ketron / Rep. Joe Carr | | Description | Requires
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 Status | 01/26/2012 - Referred to Senate Finance, Ways & Means. | | House Status | 02/01/2012 - Referred to House General Subcommittee of Finance. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 9, Chapter 4, Part 51, to enact the "Taxpayer Transparency Act". | | Citations | 09-04-5100 |
| Category | Public Finance | | Sponsors | Sen. Becky Duncan Massey / Rep. Scotty Campbell | | Description | Changes
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 Status | 01/30/2012 - Referred to Senate Health & Welfare. | | House Status | 02/01/2012 - Referred to House General Subcommittee of Health & Human Resources. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 68, Chapter 1, relative to the department of health. | | Citations | 68-01-0000, 68-01-0109 |
| Category | Public Finance | | Sponsors | Sen. Randy McNally / Rep. Charles M. Sargent | | Description | Authorizes
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 Note | Dated: January 29, 2012
Not significant. | | Senate Status | 01/30/2012 - Referred to Senate Finance, Ways & Means. | | House Status | 02/01/2012 - Referred to House General Subcommittee of Finance. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 4; Title 9 and Title 66, Chapter 29, relative to disbursement of state funds. | | Citations | 04-00-0000, 09-00-0000, 66-29-0000, 09-04-0601 |
| Category | Public Finance | | Sponsors | Sen. Mark S. Norris / Rep. Gerald McCormick | | Description | Makes appropriations for fiscal years beginning July 1, 2011, and July 1, 2012. | | Senate Status | 02/09/2012 - Introduced in the Senate. | | House Status | 02/09/2012 - Introduced in the House. | | Caption | AN
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 | Category | Taxes Business | | Sponsors | Sen. Bill Ketron / Rep. Judd Matheny | | Description | Increases
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 Status | 01/26/2012 - Referred to Senate Judiciary. | | House Status | 02/01/2012 - Referred to House Judiciary. | | Caption | AN
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. | | Citations | 40-38-0000, 67-04-0602, 67-04-0600 |
| Category | Taxes Business | | Sponsors | Sen. Jim Summerville / Rep. John Ragan | | Description | Abolishes
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 Status | 01/31/2012 - Referred to Senate Finance Tax Subcommittee. | | House Status | 01/26/2012 - Referred to House Conservation & Environment. | | Caption | AN ACT to amend Tennessee Code Annotated, Section 67-4-409, relative to the recordation tax. | | Citations | 67-04-0409 |
| Category | Taxes Business | | Sponsors | Sen. Randy McNally / Rep. Charles M. Sargent | | Description | Requires
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 Status | 01/30/2012 - Referred to Senate State & Local Government. | | House Status | 02/02/2012 - Referred to House General Subcommittee of State & Local Government. | | Caption | AN
ACT to amend Tennessee Code Annotated, Title 67, Chapter 4, Part 17,
relative to the privilege of engaging in certain occupations. | | Citations | 67-04-1700, 67-04-1709 |
Taxes General - 10 | Category | Taxes General | | Sponsors | Sen. Doug Overbey / Rep. Judd Matheny | | Description | Authorizes
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. | | Amendment | Senate
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 Note | Dated: 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 Status | 02/01/2012 - Referred to Senate Finance Tax Subcommittee. | | House Status | 02/09/2012 - Set for House General Subcommittee of Finance 02/15/12. | | Caption | AN
ACT to amend Tennessee Code Annotated, Title 67, Chapter 4, Part 6,
relative to revenue for certain computer related expenses of law
enforcement agencies. | | Citations | 67-04-0600, 67-04-0601 |
| Category | Taxes General | | Sponsors | Sen. Jim Tracy / Rep. Terri Lynn Weaver | | Description | Eliminates gift tax on transfers made on or after January 1, 2013. | | Senate Status | 01/24/2012 - Referred to Senate Finance Tax Subcommittee. | | House Status | 01/25/2012 - Referred to House General Subcommittee of Finance. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 67, Chapter 8, relative to transfer taxes. | | Citations | 67-08-0000, 67-08-0100, 67-08-0409, 67-08-0605 |
| Category | Taxes General | | Sponsors | Sen. Ken Yager / Rep. Steve McDaniel | | Description | Increases,
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 Status | 01/31/2012 - Referred to Senate Finance Tax Subcommittee. | | House Status | 01/31/2012 - Referred to House General Subcommittee of Finance. | | Caption | AN
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. | | Citations | 67-08-0316, 67-08-0300, 67-08-0400, 67-08-0100, 67-08-0102, 67-08-0104, 67-08-0106 |
| Category | Taxes General | | Sponsors | Sen. Randy McNally / Rep. Charles M. Sargent | | Description | Eliminates the gift tax in 2013 and thereafter. | | Senate Status | 01/31/2012 - Referred to Senate Finance Tax Subcommittee. | | House Status | 01/25/2012 - Referred to House Finance, Ways & Means. | | Caption | AN
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. | | Citations | 67-08-0400, 67-08-0100, 67-08-0409, 67-08-0605, 67-08-0600, 67-08-0101 |
| Category | Taxes General | | Sponsors | Sen. Stacey Campfield / Rep. Joe Carr | | Description | Enacts
"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 Status | 01/31/2012 - Referred to Senate Finance Tax Subcommittee. | | House Status | 01/26/2012 - Referred to House Government Operations. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 67, relative to enact the Food Tax - Adult Materials Tax Swap Act. | | Citations | 67-00-0000, 67-04-1702, 67-06-0102, 67-06-0212 |
| Category | Taxes General | | Sponsors | Sen. Douglas Henry Jr. / Rep. Steve McDaniel | | Description | Requires
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 Status | 02/01/2012 - Referred to Senate Judiciary. | | House Status | 02/06/2012 - Referred to House Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 67, Chapter 4. | | Citations | 67-04-0000, 67-04-0802 |
| Category | Taxes General | | Sponsors | Sen. Bill Ketron / Rep. Joe Carr | | Description | Exempts sole proprietorships from the Hall income tax. | | Senate Status | 02/01/2012 - Referred to Senate Finance, Ways & Means. | | House Status | 02/01/2012 - Referred to House General Subcommittee of Finance. | | Caption | AN
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. | | Citations | 67-02-0104, 67-02-0100 |
| Category | Taxes General | | Sponsors | Sen. Reginald Tate / Rep. Johnnie Turner | | Description | Enacts
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 Status | 02/01/2012 - Referred to Senate Finance, Ways & Means. | | House Status | 02/01/2012 - Referred to House Government Operations. | | Caption | AN
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". | | Citations | 67-00-0000, 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 |
| Category | Taxes General | | Sponsors | Sen. Rusty Crowe / Rep. Kent Williams | | Description | Makes
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 Status | 02/01/2012 - Referred to Senate Finance, Ways & Means. | | House Status | 02/09/2012 - Set for House Commerce Committee 02/14/12. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 67, relative to trust funds for cemeteries. | | Citations | 67-00-0000, 67-02-0104 |
| Category | Taxes General | | Sponsors | Rep. Cameron Sexton | | Description | Allows
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 Status | None | | House Status | 01/24/2012 - Referred to House General Subcommittee of Finance. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 67, Chapter 8, relative to transfer taxes. | | Citations | 67-08-0000, 67-08-0316 |
Taxes Property - 5 | Category | Taxes Property | | Sponsors | Sen. Mark S. Norris / Rep. Michael Harrison | | Description | Adds that the Class C misdemeanor offense for failure to attend when summoned by the comptroller is punishable by fine only. | | Senate Status | 01/30/2012 - Referred to Senate State & Local Government. | | House Status | 01/31/2012 - Referred to House General Subcommittee of State & Local Government. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 67, relative to property taxes. | | Citations | 67-00-0000, 67-05-1321 |
| Category | Taxes Property | | Sponsors | Sen. Mark S. Norris / Rep. Gerald McCormick | | Description | States
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 Status | 01/30/2012 - Referred to Senate Commerce, Labor & Agriculture. | | House Status | 01/26/2012 - Referred to House Commerce. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 67, relative to affordable housing rental property. | | Citations | 67-00-0000, 67-05-0207 |
| Category | Taxes Property | | Sponsors | Sen. Jack Johnson / Rep. Charles M. Sargent | | Description | Increases
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 Status | 01/30/2012 - Referred to Senate State & Local Government. | | House Status | 02/01/2012 - Referred to House General Subcommittee of Finance. | | Caption | AN
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. | | Citations | 67-05-1000, 67-05-1008, 66-09-0300 |
| Category | Taxes Property | | Sponsors | Sen. Bo Watson / Rep. Ryan A. Haynes | | Description | State
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 Status | 02/01/2012 - Referred to Senate State & Local Government. | | House Status | 02/01/2012 - Referred to House State & Local Government. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 67, Chapter 5, relative to delinquent property taxes. | | Citations | 67-05-0000, 67-05-2415 |
| Category | Taxes Property | | Sponsors | Sen. Mark S. Norris / Rep. Gerald McCormick | | Description | Increases the maximum allowable inheritance tax exemption from $1 million to $1.25 million. | | Senate Status | 02/02/2012 - Referred to Senate Finance, Ways & Means. | | House Status | 02/02/2012 - Referred to House Finance, Ways & Means. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 67, Chapter 8, relative to inheritance tax. | | Citations | 67-08-0000, 67-08-0316 |
Taxes Sales - 5 | Category | Taxes Sales | | Sponsors | Sen. Mark S. Norris / Rep. Gerald McCormick | | Description | Establishes
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 Status | 02/07/2012 - Senate Finance Tax Subcommittee deferred to 02/14/12. | | House Status | 02/09/2012 - Set for House Calendar & Rules Committee 02/14/12. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 67, Chapter 6, relative to the collection of sales and use tax. | | Citations | 67-06-0000, 67-06-0500 |
| Category | Taxes Sales | | Sponsors | Sen. Tim Barnes / Rep. Joe Pitts | | Description | Exempts solar panels bought exclusively for businesses from sales tax. | | Fiscal Note | Dated: January 28, 2012
Decrease state revenue - net impact - $526,900.
Decrease local revenue - $222,600. | | Senate Status | 02/07/2012 - Senate Finance Tax Subcommittee deferred to 02/21/12. | | House Status | 01/25/2012 - Referred to House General Subcommittee of Commerce. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 67, Chapter 6, Part 3, relative to solar panels. | | Citations | 67-06-0300, 67-06-0334 |
| Category | Taxes Sales | | Sponsors | Sen. Tim Barnes / Rep. Joe Pitts | | Description | Exempts solar panels bought exclusively for residential property from sales tax. | | Fiscal Note | Dated: January 29, 2012
Decrease state revenue - net impact - $351,300.
Decrease local revenue - $148,400. | | Senate Status | 02/07/2012 - Senate Finance Tax Subcommittee deferred to 02/21/12. | | House Status | 01/25/2012 - Referred to House General Subcommittee of Commerce. | | Caption | AN ACT to amend Tennessee Code Annotated, Section 67-6-334, relative to solar panels. | | Citations | 67-06-0334 |
| Category | Taxes Sales | | Sponsors | Sen. Lowe Finney / Rep. Craig Fitzhugh | | Description | Enacts
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 Status | 01/24/2012 - Referred to Senate Finance Tax Subcommittee. | | House Status | 01/25/2012 - Referred to House General Subcommittee of Commerce. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 67, Chapter 4, relative to credits against franchise and excise tax liability. | | Citations | 67-04-0000 |
| Category | Taxes Sales | | Sponsors | Rep. James O. Naifeh | | Description | Proposes an amendment to establish a cap on the combined rate of state and local sales and use tax. | | Fiscal Note | Dated: January 28, 2012
Increase state expenditures - $18,000/one-time. | | Senate Status | None | | House Status | 02/01/2012 - House General Subcommittee of Finance deferred to 02/22/12. | | Caption | A RESOLUTION to amend Article II, Section 28 of the Constitution of Tennessee, relative to taxation. | | Citations | |
Tenncare - 1 | Category | Tenncare | | Sponsors | Sen. Randy McNally / Rep. Julia Hurley | | Description | Directs
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 Status | 01/26/2012 - Referred to Senate Health & Welfare. | | House Status | 01/31/2012 - Referred to House General Subcommittee of Health & Human Resources. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 71, Chapter 5, Part 3, relative to food stamps. | | Citations | 71-05-0300 |
Tort Liability - 7 | Category | Tort Liability | | Sponsors | Sen. Brian K. Kelsey / Rep. Vance Dennis | | Description | Specifies
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. | | Amendment | House
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 Note | Dated: August 5, 2011
Not significant. | | Senate Status | 01/12/2012 - Referred to Senate Judiciary. | | House Status | 02/09/2012 - Set for House Calendar & Rules Committee 02/14/12. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 20; Title 27; Title 29 and Title 47, relative to the civil justice system. | | Citations | 47-00-0000, 27-00-0000, 20-00-0000, 29-00-0000, 29-39-0102, 29-39-0104 |
| Category | Tort Liability | | Sponsors | Sen. Brian K. Kelsey / Rep. Vance Dennis | | Description | Bars
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 Status | 02/09/2012 - Set for Senate Judiciary Committee 02/14/12. | | House Status | 01/25/2012 - Referred to House General Subcommittee of Judiciary. | | Caption | AN
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. | | Citations | 29-11-0100, 20-06-0100 |
| Category | Tort Liability | | Sponsors | Sen. Brian K. Kelsey / Rep. Vance Dennis | | Description | Provides
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 Status | 01/12/2012 - Referred to Senate Judiciary. | | House Status | 01/25/2012 - Referred to House General Subcommittee of Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 29, Chapter 34, relative to landowner liability. | | Citations | 29-34-0000 |
| Category | Tort Liability | | Sponsors | Sen. Bill Ketron / Rep. Pat Marsh | | Description | Rewrites
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 Note | Dated: January 5, 2012
Not significant. | | Senate Status | 01/31/2012 - Senate Judiciary deferred to 02/21/2012. | | House Status | 02/01/2012 - House General Subcommittee of Judiciary deferred to 02/22/12. | | Caption | AN
ACT to amend Tennessee Code Annotated, Title 20; Title 29; Title 49 and
Title 70, Chapter 7, relative to recreational land use. | | Citations | 49-00-0000, 20-00-0000, 29-00-0000, 70-07-0102, 70-07-0103, 70-07-0000, 70-07-0101, 70-07-0100 |
| Category | Tort Liability | | Sponsors | Sen. Doug Overbey / Rep. Richard Montgomery | | Description | Prohibits
ice skating rink operators liable for damages or injuries to an ice
skater or spectator if the operator complies with certain requirements. | | Senate Status | 01/26/2012 - Referred to Senate Judiciary. | | House Status | 01/25/2012 - Referred to House Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 29, relative to ice-skating. | | Citations | 29-00-0000, 29-34-0000 |
| Category | Tort Liability | | Sponsors | Sen. Mark S. Norris / Rep. Gerald McCormick | | Description | Provides
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 Status | 01/30/2012 - Referred to Senate Judiciary. | | House Status | 02/01/2012 - Referred to House General Subcommittee of Judiciary. | | Caption | AN
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. | | Citations | 29-26-0119, 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 |
| Category | Tort Liability | | Sponsors | Sen. Mike Bell / Rep. Jeremy Faison | | Description | Provides
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 Status | 02/09/2012 - Set for Senate Judiciary Committee 02/14/12. | | House Status | 01/30/2012 - Referred to House Judiciary. | | Caption | AN
ACT to amend Tennessee Code Annotated, Title 70, relative to limiting
the liability of persons engaging in whitewater activities. | | Citations | 70-00-0000, 70-07-0000 |
Transportation Vehicles - 13 | Category | Transportation Vehicles | | Sponsors | Sen. Mark S. Norris / Rep. Gerald McCormick | | Description | Changes
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 Status | 02/09/2012 - Set for Senate Consent 2 02/13/12. | | House Status | 02/09/2012 - Set for House Floor 02/13/12. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 55, Chapter 10, relative to motor vehicle accident reports. | | Citations | 55-10-0108, 55-10-0000, 55-10-0111 |
| Category | Transportation Vehicles | | Sponsors | Sen. Mark S. Norris / Rep. Gerald McCormick | | Description | Under
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 Status | 02/09/2012 - Set for Senate Transportation & Safety Committee 02/15/12. | | House Status | 01/31/2012 - House Transportation recommended. Sent to Calendar & Rules. | | Caption | AN ACT to amend Tennessee Code Annotated, Section 55-50-321(c), relative to reinstatement of driver license. | | Citations | 55-50-0321 |
| Category | Transportation Vehicles | | Sponsors | Sen. Bo Watson / Rep. Vince Dean | | Description | Prohibits
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 Status | 01/13/2012 - Referred to Senate Commerce, Labor & Agriculture. | | House Status | 01/24/2012 - Referred to House General Subcommittee of Commerce. | | Caption | AN
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. | | Citations | 56-00-0000, 55-04-0000, 55-12-0139, 55-03-0000, 55-12-0000, 55-04-0101, 55-12-0100, 55-03-0103 |
| Category | Transportation Vehicles | | Sponsors | Sen. Randy McNally / Rep. Julia Hurley | | Description | Requires
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 Status | 01/19/2012 - Referred to Senate Commerce, Labor & Agriculture. | | House Status | 01/12/2012 - Referred to House Commerce. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 55, relative to proof of financial responsibility. | | Citations | 55-00-0000, 55-12-0102 |
| Category | Transportation Vehicles | | Sponsors | Sen. Mae Beavers / Rep. Mark Pody | | Description | Requires
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 Status | 01/23/2012 - Referred to Senate Transportation & Safety Committee. | | House Status | 01/25/2012 - Referred to House General Subcommittee of Transportation. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 55, Chapter 50, Part 3, relative to the issuance of driver licenses. | | Citations | 55-50-0300, 55-50-0322 |
| Category | Transportation Vehicles | | Sponsors | Sen. Steve Southerland / Rep. David B. Hawk | | Description | Prohibits
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 Status | 02/09/2012 - Set for Senate Transportation & Safety Committee 02/15/12. | | House Status | 02/08/2012 - House General Subcommittee of Commerce deferred to 02/22/12. | | Caption | AN
ACT to amend Tennessee Code Annotated, Section 55-8-198, relative to
the disclosure of citations based on traffic surveillance cameras. | | Citations | 55-08-0198 |
| Category | Transportation Vehicles | | Sponsors | Sen. Jim Tracy / Rep. Phillip Johnson | | Description | Requires
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 Status | 01/26/2012 - Referred to Senate Judiciary. | | House Status | 02/01/2012 - Referred to House General Subcommittee of Judiciary. | | Caption | AN
ACT to amend Tennessee Code Annotated, Title 55, Chapter 3, Part 2,
relative to notification of the impoundment of methamphetamine vehicles. | | Citations | 55-03-0200, 55-03-0213 |
| Category | Transportation Vehicles | | Sponsors | Sen. Doug Overbey / Rep. Tony Shipley | | Description | Requires
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 Status | 01/30/2012 - Referred to Senate Judiciary. | | House Status | 02/09/2012 - Set for House General Subcommittee of Judiciary 02/15/12. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 55, Chapter 10, Part 4, relative to implied consent violations. | | Citations | 55-10-0400, 55-10-0406 |
| Category | Transportation Vehicles | | Sponsors | Sen. Doug Overbey / Rep. Tony Shipley | | Description | Clarifies
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 Status | 01/30/2012 - Referred to Senate Judiciary. | | House Status | 02/09/2012 - Set for House General Subcommittee of Judiciary 02/15/12. | | Caption | AN
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. | | Citations | 55-10-0400, 55-10-0406 |
| Category | Transportation Vehicles | | Sponsors | Sen. Doug Overbey / Rep. Tony Shipley | | Description | Expands
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 Status | 01/30/2012 - Referred to Senate Judiciary. | | House Status | 02/09/2012 - Set for House General Subcommittee of Judiciary 02/15/12. | | Caption | AN
ACT to amend Tennessee Code Annotated, Title 55, Chapter 10, Part 4,
relative to driving under the influence of an intoxicant. | | Citations | 55-10-0400, 55-10-0402 |
| Category | Transportation Vehicles | | Sponsors | Sen. Brian K. Kelsey / Rep. Linda Elam | | Description | Requires
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 Status | 01/30/2012 - Referred to Senate Judiciary. | | House Status | 01/30/2012 - Referred to House Judiciary. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 55, relative to loaner vehicles. | | Citations | 55-00-0000, 55-10-0311, 55-10-0312 |
| Category | Transportation Vehicles | | Sponsors | Sen. Joe M. Haynes / Rep. Brenda Gilmore | | Description | Deletes
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 Status | 01/30/2012 - Referred to Senate Transportation & Safety. | | House Status | 01/25/2012 - Referred to House General Subcommittee of Transportation. | | Caption | AN
ACT to amend Tennessee Code Annotated, Section 55-50-502, relative to
driver license recovery for certain persons with suspended driver
licenses. | | Citations | 55-50-0502 |
| Category | Transportation Vehicles | | Sponsors | Sen. Bill Ketron / Rep. Charles Curtiss | | Description | Prohibits
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 Status | 02/01/2012 - Referred to Senate Commerce, Labor & Agriculture. | | House Status | 02/01/2012 - Referred to House General Subcommittee of Commerce. | | Caption | AN
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. | | Citations | 68-00-0000, 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 | Category | Utilities | | Sponsors | Sen. Mark S. Norris / Rep. Gerald McCormick | | Description | Changes
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 Status | 01/13/2012 - Referred to Senate Government Operations. | | House Status | 01/17/2012 - Referred to House General Subcommittee of State & Local Government. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 65, relative to the Tennessee Regulatory Authority. | | Citations | 65-00-0000, 65-01-0101, 65-01-0104, 65-01-0105, 65-01-0111, 65-01-0103 |
Workers Compensation - 6 | Category | Workers Compensation | | Sponsors | Sen. Joe M. Haynes / Rep. Mike Turner | | Description | Exempts
sole proprietors from paying certain fees assessed by the secretary of
state's office in relation to workers compensation. | | Senate Status | 01/25/2012 - Referred to Senate Commerce, Labor & Agriculture. | | House Status | 01/25/2012 - Referred to House General Subcommittee of Consumer & Employee Affairs. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 50, Chapter 6, relative to workers compensation. | | Citations | 50-06-0000, 50-06-0912 |
| Category | Workers Compensation | | Sponsors | Sen. Bill Ketron / Rep. Mark White | | Description | Applies
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 Status | 01/26/2012 - Referred to Senate Commerce, Labor & Agriculture. | | House Status | 02/06/2012 - Referred to House General Subcommittee of Consumer & Employee Affairs. | | Caption | AN
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. | | Citations | 29-20-0000, 50-06-0000, 49-05-0000, 29-20-0106, 49-05-0714 |
| Category | Workers Compensation | | Sponsors | Sen. Jack Johnson / Rep. Mark White | | Description | Extends
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 Status | 02/01/2012 - Referred to Senate Commerce, Labor & Agriculture. | | House Status | 02/02/2012 - Referred to House General Subcommittee of Consumer & Employee Affairs. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 29; Title 50, Chapter 6 and Title 56, relative to workers' compensation. | | Citations | 56-00-0000, 29-00-0000, 50-06-0000, 50-06-0121 |
| Category | Workers Compensation | | Sponsors | Sen. Eric Stewart / Rep. Gary Odom | | Description | Authorizes
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 Status | 02/01/2012 - Referred to Senate Commerce, Labor & Agriculture. | | House Status | 02/01/2012 - Referred to House General Subcommittee of Consumer & Employee Affairs. | | Caption | AN ACT to amend Tennessee Code Annotated, Title 50, Chapter 6, relative to workers' compensation. | | Citations | 50-06-0000, 50-06-0204 |
| Category | Workers Compensation | | Sponsors | Sen. Reginald Tate / Rep. Antonio Parkinson | | Description | Provides indigent workers' comp claimant with an attorney from department if employer is represented by attorney. | | Senate Status | 02/01/2012 - Referred to Senate Commerce, Labor & Agriculture. | | House Status | 01/31/2012 - Referred to House General Subcommittee of Consumer & Employee Affairs. | | Caption | AN
ACT to amend Tennessee Code Annotated, Title 4; Title 23 and Title 50,
relative to legal representation for unemployment security claimants. | | Citations | 04-00-0000, 50-00-0000, 23-00-0000, 50-07-0304 |
| Category | Workers Compensation | | Sponsors | Rep. Antonio Parkinson | | Description | Requires
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 Note | Dated: January 14, 2012
Increase state revenue $88,500/General Fund.
Increase state expenditures $448,700/General Fund.
$23,300/Unemployment Insurance Trust Fund. | | Senate Status | None | | House Status | 02/09/2012 - Withdrawn in House. | | Caption | AN
ACT to amend Tennessee Code Annotated, Title 4; Title 23 and Title 50,
relative to legal representation for unemployment security claimants. | | Citations | 04-00-0000, 50-00-0000, 23-00-0000, 50-07-0304 |
Tennessee Legislation Service (c) 2012 M. Lee Smith Publishers
© Copyright 2012 Tennessee Bar Association
|
