Clarksville, TN Online » Telecommunications

New Tennessee laws are in effect

News Staff — Tue, 07 Jul 2009 14:00:34 +0000

Despite tight revenues, state finishes fiscal year on schedule, lawmakers save jobs, education programs. (See complete text below of newly published Public Chapters of the Tennessee Code Annotated.)

NASHVILLE – While several other states struggle to close out the fiscal year ending Wednesday, Tennessee has already published new laws passed during its recently completed legislative session.

“We didn’t have a $24 billion shortfall in revenue like the legislators in California are struggling with, but it was still a tight budget year in Tennessee,” Senator Lowe Finney of Jackson, incoming chairman of the Senate Democratic Caucus, said.

Still, we were able to protect our better schools program – pre-K in particular – and we can move ahead with projects that will put Tennesseans back to work.

That’s good for our families, our hometown economies and our state revenue. As more jobs begin to open up – thanks to projects like the West Tennessee industrial megasite – we can build a stable tomorrow for Tennesseans.

Among the laws now in effect:

Increased energy efficiency is now required in state buildings and vehicles.
Sex offenders are prohibited from being within 1,000 feet of certain places where children are likely to gather.
Tennessee driver’s licenses now print birthdates larger to make them easier for retailers to read.
Vending machines installed on state property after July 1 must use energy efficient lighting, and the new lighting must be installed on any that are repaired.

Public Chapters with 7/1/09 Effective Date

Topic	Chapter No	Doc Number	Description
Abuse	337	SB1776	As enacted, revises definitions of “adult” and “imminent danger” in the adult protection statute. – Amends TCA Title 71, Chapter 6.
Alcoholic Beverages	208	SB1947	As enacted, specifies that retailers are prohibited from selling intoxicating liquors to persons who are “visibly intoxicated” or accompanying a “visibly intoxicated” person rather than somone who is “drunk” or accompanying a “drunk” person. – Amends TCA Section 57-3-406 and Section 57-5-301.
Attorneys at Law	7	HB0416	As enacted, clarifies that certain government employees are not prohibited from providing pro bono legal services. – Amends TCA Title 8; Title 16 and Title 23.
Autopsies	276	SB1517	As enacted, creates Class A misdemeanor offense for unauthorized dissemination of autopsy materials. – Amends TCA Title 38 and Title 39.
Beer	314	HB0347	As enacted, authorizes a city or county to seek a criminal history background check or fingerprint check on an applicant for a beer permit and to enter into an agreement with the TBI to conduct a search on such information. – Amends TCA Title 57, Chapter 5, Part 1.
Boards and Commissions	497	SB2149	As introduced, establishes the “Tennessee state museum commission.” – Amends TCA Title 4.
Child Abuse	86	SB0810	As enacted, clarifies that the meaning of near fatality, for purposes of allowing public disclosure of confidential department of children’s services information relating to such, is a child having a serious or critical medical condition resulting from child abuse or child sexual abuse as reported by a physician who has examined the child subsequent to such abuse. – Amends TCA Title 37, Chapter 5.
Child Abuse	88	SB0866	As enacted, describes serious bodily injury in children to include second or third degree burns, bone fractures, concussion, and permanent or protracted disfigurement. – Amends TCA Title 39.
Child Abuse	89	SB0867	As enacted, describes dangerous instrumentality as any item in its manner of use or intended use as applied to a child that is capable of producing serious bodily injury. – Amends TCA Title 39.
Child Abuse	335	SB1530	As enacted, specifies that juvenile courts, general sessions courts, and circuit and criminal courts have concurrent jurisdiction to hear criminal prosecutions of child abuse and neglect. – Amends TCA Title 16, Chapter 15; Title 37, Chapter 1; Title 39, Chapter 15 and Title 40, Chapter 1, Part 1. -
Child Custody and Support	442	HB0804	As introduced, permits parents called to active military service that requires them to be out of state for more than 90 days to petition the court to assign their visitation rights during their absence to another person approved by the court. – Amends TCA Title 36, Chapter 6, Part 3.
Children’s Services, Dept. of	87	SB0853	As enacted, requires the department to consistently apply policies, rules, and regulations across the state; adds an annual legislative review of department policies and attached protocol and procedures; and requires the department to submit new policies for legislative review. – Amends TCA Title 37, Chapter 5, Part 1.
Children’s Services, Dept. of	358	SB0809	As enacted, clarifies that the department and any state or local agency records that contain information that identifies the person who made a report of child abuse or neglect are confidential; specifies limited exceptions. – Amends TCA Title 10, Chapter 7, Part 5; Title 36, Chapter 1, Part 1 and Title 37.
Consumer Protection	469	SB0812	As introduced, enacts the “Uniform Debt Management Services Act.” – Amends TCA Title 47.
Contractors	483	SB1417	As introduced, establishes as an unfair act under the Consumer Protection Act the practice of a general contractor requiring a subcontractor, as a condition of being awarded a job, to waive the subcontractor’s lien rights. – Amends TCA Title 47, Chapter 18; Title 47, Chapter 25; Title 62, Chapter 6 and Title 66, Chapter 34.
Correctional Programs	452	SB0104	As introduced, mandates the department of correction to develop and implement a society plan for every incarcerated prisoner for reentry into society. – Amends TCA Title 41.
Courts	427	SB0683	As introduced, prohibits any person who has, or has had in the past two years, a sexual relationship with a party or a party’s attorney from recording or transcribing for submission to any court or administrative tribunal any hearing in an action involving such party or such party’s attorney. – Amends TCA Title 24, Chapter 9, Part 1.
Courts, Juvenile	411	HB0327	As introduced, requires the juvenile court to work in coordination with any other court having jurisdiction over the child or the child’s family when requiring any parent or legal guardian of a child within the jurisdiction of the court to participate in any counseling or treatment program the court may deem appropriate and in the best interest of the child. – Amends TCA Title 16; Title 17; Title 18; Title 34; Title 36; Title 37; Title 39 and Title 40.
Criminal Offenses	83	SB0437	As enacted, creates Class A misdemeanor offense of possession of device, tool, or other item with the intent to use it, or allow it to be used, to unlawfully render inoperative a security device used or designed to prevent or deter the theft of retail merchandise. – Amends TCA Title 39, Chapter 14, Part 7.
Criminal Offenses	155	SB0294	As enacted, creates a Class A misdemeanor offense for a person to knowingly provide, transfer, or submit to any other person false identification for the purposes of obtaining or maintaining employment. – Amends TCA Title 39, Chapter 14; Title 39, Chapter 17 and Title 50.
Criminal Offenses	241	SB0388	As enacted, provides that escaping from the lawful custody of a law enforcement officer constitutes the offense of escape the same as escaping from a penal institution. – Amends TCA Title 39, Chapter 16, Part 6.
Criminal Offenses	274	SB1168	As enacted, creates offenses regarding improper wearing of military decorations or falsely representing that one has been awarded military decorations; offense is Class B misdemeanor, unless medal involved is a Congressional Medal of Honor, Distinguished Service Cross, Navy Cross, Air Force Cross, Silver Star, or Purple Heart, in which case it is a Class A misdemeanor. – Amends TCA Title 39, Chapter 14 and Title 58, Chapter 1.
Criminal Offenses	282	HB0218	As enacted, requires certain actions by buyers and dealers of scrap jewelry and metal and makes a violation of such requirements a Class A misdemeanor. – Amends TCA Title 38, Chapter 1, Part 2.
Criminal Offenses	307	SB1665	As enacted, redefines “serious bodily injury” to include a broken bone of a child who is eight years of age or younger. – Amends TCA Section 39-11-106. -
Criminal Offenses	325	HB0516	As enacted, creates offense of making false statement or concealment of material fact for purpose of obtaining accommodation in housing project of a housing authority or for paying less rent than required for such dwelling; offense is Class A misdemeanor punishable by fine only, with fine to be determined in accordance with value of the benefit, in accordance with theft provisions. – Amends TCA Title 39, Chapter 11, Part 1 and Title 39, Chapter 14, Part 1.
Criminal Offenses	342	HB0253	As enacted, adds certain violations of rules of road to present violations resulting in accident that are penalized as Class A misdemeanors when involving death or as Class B misdemeanors when involving serious bodily injury. – Amends TCA Title 55, Chapter 8.
Criminal Offenses	347	SB0113	As enacted, revises the Class A misdemeanor harassment to add offense committed by a person who intentionally communicates with another person without legitimate purpose: with the malicious intent to frighten, intimidate or cause emotional distress or in a manner the defendant knows or reasonably should know would frighten, intimidate or cause emotional distress to a similarly situated person of reasonable sensibilities; and as the result of the communication, the person is frightened, intimidated or emotionally distressed. – Amends TCA Title 39, Chapter 17, Part 3.
Criminal Offenses	386	HB0590	As enacted, defines “proceeds” for money laundering offenses to include gross profits from commission of any unlawful activity including real or personal property. – Amends TCA Title 39.
Criminal Offenses	408	SB1976	As introduced, modifies certain statutory provisions pertaining to certain types of theft. – Amends TCA Title 39, Chapter 14, Part 1.
Criminal Offenses	412	HB0351	As introduced, creates new Class E and D felony offenses of assault on law enforcement officer, and Class B felony offense of aggravated assault on law enforcement officer. – Amends TCA Title 39, Chapter 13, Part 1.
Criminal Offenses	439	HB0588	As introduced, establishes what crimes may be a lesser included offense generally and states that second degree murder is a lesser included offense of certain first degree murder charges. – Amends TCA Title 40.
Criminal Offenses	440	HB0591	As introduced, deletes offense of interception of cellular or wireless telephone transmissions; redefines “electronic communication” and “wire communication” for certain wiretapping and electronic surveillance offenses. – Amends TCA Title 39 and Title 40.
Criminal Procedure	115	SB0284	As enacted, establishes the venue for a violation of community supervision for life of a sexual offender as the county where the offender was being supervised at time of violation and permits probation officer to be affiant for purposes of obtaining affidavit of complaint against person. – Amends TCA Title 39, Chapter 13, Part 5.
Criminal Procedure	194	HB0070	As enacted, revises the prohibition against using deadly force in defense of property to specify that prohibition would not apply if a person is justified in using deadly force as otherwise provided by law for defense of oneself or defense of another person. – Amends TCA Title 39, Chapter 11, Part 6.
Criminal Procedure	379	SB1638	As enacted, requires district attorney general to complete and file uniform judgment document within 30 days after sentencing; requires that the document be signed by all parties, but if not signed by the parties, the clerk must make a copy of the document available to the parties before entry by the court. – Amends TCA Title 40, Chapter 35. -
Criminal Procedure	387	HB0815	As enacted, expands the offense of aiming a laser pointer or other device at a law enforcement officer to include aiming at firefighters, emergency medical technicians, or other emergency service personnel. – Amends TCA Section 39-16-515.
Criminal Procedure	390	HB1210	As enacted, prohibits parent from being issued arrest warrant or criminal summons against teacher without written approval of district attorney if the conduct alleged involved the teacher and a child of such parent. – Amends TCA Title 40.
Criminal Procedure	432	HB0583	As introduced, adds property received that is used as instrumentality in or in furtherance of violation of any criminal offense to criminal proceeds subject to forfeiture. – Amends TCA Title 39.
Divorce, Annulment and Alimony	280	HB0066	As enacted, removes a provision that allows a court to dismiss a divorce or legal separation complaint because the complaint lacks required information; allows, as an alternative to the specified information being included in the complaint, that the information be provided by the parties and be contained in the court’s records prior to the entry of the final decree of divorce; revises provisions governing when information does not have to be included. – Amends TCA Title 36, Chapter 4, Part 1.
Domestic Violence	455	SB0314	As introduced, requires person subject to order of protection to surrender all firearms the person owns or possesses to the sheriff of county of residence and creates Class A misdemeanor of person subject to an order of protection possessing a firearm. – Amends TCA Title 36, Chapter 3, Part 6; Title 39, Chapter 13, Part 1 and Title 39, Chapter 17, Part 13.
Drug and Alcohol Rehabilitation	459	SB0451	As introduced, adds assisting clients with applying for state and federal benefits to the statutory functions of licensed alcohol and drug abuse counselors. – Amends TCA Title 33; Title 68, Chapter 11 and Title 68, Chapter 24.
Economic and Community Development	424	HB1847	As introduced, revises the Neighborhood Preservation Act. – Amends TCA Title 13, Chapter 6.
Education	38	SB0073	As enacted, removes restriction on commercial advertising on school buses that requires such advertising to be composed of black lettering on a white background; prohibits advertisement of individual food items that, pursuant to law, cannot be sold via vending machines to students in pre-K through grade 8. – Amends TCA Section 49-6-2109(e).
Education	127	SB0850	As enacted, places restrictions on universal mental health testing, or psychiatric or socioemotional screening of juveniles; requires certain consent by a juvenile’s parent, guardian, legal custodian, or caregiver before such testing can occur. – Amends TCA Title 9, Chapter 4 and Title 49, Chapter 2, Part 1.
Education	160	SB0680	As enacted, authorizes courts to notify the school of a child who is adjudicated delinquent based on an offense for which school notification is not mandatory under law. – Amends TCA Title 37, Chapter 1 and Title 49, Chapter 6.
Education	262	SB2312	As enacted, removes requirement of passage of the Tennessee comprehensive assessment program tests in order to receive a full diploma; provides for end-of-course assessments; revises lottery scholarship day provisions. – Amends TCA Title 49.
Education	283	HB0324	As enacted, restates provisions governing reporting of suspected child abuse by personnel of educational institutions and release of related records. – Amends TCA Title 10; Title 37 and Title 49.
Education	315	HB0374	As enacted, requires written referrals for student’s behavior to be returned to faculty or staff member issuing the referral; referral to be kept in a student discipline file and not part of student’s permanent record. – Amends TCA Title 49, Chapter 6. -
Education, Higher	204	SB1073	As enacted, exempts from the American History course requirement for a baccalaureate degree persons who pursue baccalaureate degrees in areas of study exempted, either by regulation of the board of regents or by regulations or delegated authority of the board of trustees of the University of Tennessee, if they have successfully completed a course in American History in high school. – Amends TCA Section 49-7-110.
Education, Higher	352	SB0681	As enacted, renames or corrects the names of certain community colleges. – Amends TCA Title 49.
Election Laws	218	SB1420	As enacted, makes various revisions to the election laws including allowing a person to email a transfer of voter registration or email a request for an application to vote absentee. – Amends TCA Section 2-7-112(a)(3)(C)(i); Section 2-2-129(a)(1); Section 2-6-103(b)(1); Section 2-6-202(a)(3); Section 2-6-304(f); Section 2-7-133(i); Section 2-7-142; Section 2-8-108 and Section 2-8-113(c).
Evidence	332	SB0523	As enacted, creates privileged communication between critical incident stress management team members and persons participating in crisis intervention. – Amends TCA Title 24, Chapter 1, Part 2.
Evidence	413	HB0619	As introduced, admits into evidence a videotaped statement made by a child under the age of 13 years describing any act of sexual contact or physical abuse if child unavailable and statement reliable. – Amends TCA Title 24. -
Financial Responsibility Law	370	SB2150	As enacted, requires law enforcement officers to request proof of compliance with financial responsibility laws upon charging a person with any motor vehicle violation instead of only moving violations. – Amends TCA Section 55-12-139.
Firearms and Ammunition	102	HB0254	As enacted, deletes requirement that the purchaser of a firearm give a thumbprint as part of background check process and that the TBI furnish thumbprint cards and pads to firearm dealers; clarifies that dealer must request TBI to conduct background check by “means designated by the TBI” instead of “by telephone”. – Amends TCA Title 39, Chapter 17, Part 13.
Firearms and Ammunition	195	HB0411	As enacted, enacts the “Coach Willard Ross Act of 2009,” which creates a Class A misdemeanor offense of attempting to buy firearm when prohibited by law from possessing firearm and attempting or selling firearm to person known to be prohibited by law from possessing firearm. – Amends TCA Title 39, Chapter 17, Part 13.
Foster Care	270	SB0855	As enacted, establishes procedures for reviewing actions of department of children’s services when a foster parent believes that the department has failed to follow the foster parents bill of rights and such failure has harmed or could harm a child. – Amends TCA Section 37-2-415.
Game and Fish Laws	213	SB0235	As enacted, provides that the determination as to whether property, such as vehicles, seized for violations of certain game and fish laws is forfeited to state is determined by court hearing the violation rather than an administrative hearing officer. – Amends TCA Title 70, Chapter 6, Part 2.
Hospitals and Health Care Facilities	312	SB2234	As enacted, extends expiration date of the tax on the gross receipts of ICFMRs from July 15, 2009, to July 15, 2011. – Amends TCA Section 68-11-830.
Hospitals and Health Care Facilities	323	SB0443	As enacted, authorizes the board for licensing health care facilities to delegate to the department of health the authority to issue a new license to a successor owner of a health care facility when there has been a change of control if certain requirements met; increases the amount of major medical equipment, the acquisition of which requires a certificate of need from $1.5 million to $2 million. – Amends TCA Title 4 and Title 68. -
Hospitals and Health Care Facilities	384	HB0093	As enacted, requires criminal background checks to be conducted for nursing direct care employees “prior to employment” instead of “prior to employment or within seven days of employment”. – Amends TCA Section 68-11-256.
Hospitals and Health Care Facilities	405	SB0485	As introduced, increases maximum civil penalty for operating a facility without a valid certificate of need from $500 to $1,000 per day of continued operation. – Amends TCA Title 63 and Title 68.
Hospitals and Health Care Facilities	460	SB0453	As introduced, extends nursing home bed privilege tax for two years until June 30, 2011; revises provisions governing delinquent tax. – Amends TCA Title 68, Chapter 11, Part 2.
Hospitals and Health Care Facilities	461	SB0454	As introduced, extends prohibition on new nursing home bed certificates of need to June 30, 2011, except for 125 Medicare SNF beds. – Amends TCA Title 68, Chapter 11, Part 16.
Human Rights Commission	437	HB0129	As introduced, directs human rights commission to develop a Title VI compliance plan applicable to certain state governmental entities; sets out duties of human rights commission in regards to Title VI provisions. – Amends TCA Title 4, Chapter 3.
Insurance Companies, Agents, Brokers, Policies	178	HB0981	As enacted, revises provisions governing maximum liability under the Tennessee Life and Health Insurance Guaranty Act in regard to annuity benefits to increase liability amount from $100,000 to $250,000. – Amends TCA Title 56, Chapter 12.
Judges and Chancellors	172	HB0083	As enacted, adds retired general sessions judges to present officials, including general sessions judges and retired judges and chancellors of courts of record, who may administer oaths of office to elected or appointed public official. – Amends TCA Title 8, Chapter 18, Part 1.
Law Enforcement	190	SB2161	As enacted, clarifies that the POST commission will issue a certificate to any campus police officer or public safety officer upon the officer’s completing a training program. – Amends TCA Title 38 and Title 49.
Law Enforcement	284	HB0417	As enacted, authorizes independent contractors who provide on-site security and law enforcement capability at certain government property that is an air force base and flight simulation test center to employ persons to act as private special deputies for such purposes. – Amends TCA Title 38, Chapter 8, Part 1.
Limitation of Actions	498	SB2164	As introduced, limits tort liability of agritourism professionals under certain circumstances. – Amends TCA Title 43 and Title 70, Chapter 7.
Litter Control	382	SB2184	As enacted, requires county mayors to administer certain funds for litter control programs. – Amends TCA Section 39-14-510.
Local Education Agency	153	SB0283	As enacted, requires, rather than encourages, school districts to include certain criteria in policies prohibiting harassment, intimidation, or bullying. – Amends TCA Section 49-6-1016.
Local Education Agency	291	SB0251	As enacted, enacts the “Archival Protection Act of 2009″ to urge preservation of historically significant personal property located in public schools that have been closed. – Amends TCA Title 49.
Mental Illness	95	SB1538	As enacted, establishes legislative intent concerning priority of services to behavioral health safety net; establishes 19 years of age as the minimum age at which a person qualifies as an adult for purposes of determining which persons qualify as seriously and persistently mentally ill adults for purposes of this bill. – Amends TCA Title 33, Chapter 6 and Title 71, Chapter 5, Part 1.
Mental Illness	419	HB1348	As introduced, authorizes court to order outpatient evaluation of criminal defendant pending a post-trial proceeding under certain circumstances. – Amends TCA Title 33, Chapter 7, Part 3.
Mental Illness	468	SB0772	As introduced, provides for prescreening agents, physicians, and psychologists to be considered state employees when assessing persons for admission and transportation to involuntary inpatient treatment; establishes a task force to study issues related to transportation of persons to such treatment. – Amends TCA Title 8, Chapter 42, Part 1 and Title 33, Chapter 6, Part 9.
Mental Retardation	458	SB0416	As introduced, specifies that new ICF/MR beds must be filled by persons from the developmental centers or from the wait list; requires that the division of mental retardation services approve the persons to fill the new beds. – Amends TCA Title 33; Title 68, Chapter 11 and Section 71-5-105.
Mobile Homes and Manufactured Buildings	132	SB0883	As enacted, revises provisions concerning manufactured homes affixed to real property including cancellation of certificate of title. – Amends TCA Section 55-3-138.
Motor Vehicles	201	SB0393	As enacted, prohibits sending or reading text messages while operating a motor vehicle; provides certain exceptions. – Amends TCA Title 55.
Motor Vehicles	286	HB1187	As enacted, broadens prohibitions on window tinting to any motor vehicle operated on a public highway, rather than only to those registered in Tennessee; and creates exemption for motor vehicles registered in another state that comply with requirements of such state. – Amends TCA Title 55, Chapter 9, Part 1. -
Motor Vehicles	324	HB0355	As enacted, requires law enforcement officer to conduct test to determine blood alcohol of driver involved in accident resulting in injury or death if officer has probable cause to believe driver committed DUI, vehicular homicide, or aggravated vehicular homicide; provides that test results may be offered as evidence in court or administrative hearing relating to accident or offense, subject to rules of evidence. – Amends TCA Title 55, Chapter 10, Part 4.
Motor Vehicles	441	HB0669	As introduced, requires liability insurance be maintained on all motor vehicles operated in Tennessee; insurance companies shall notify division of financial responsibility when coverage is terminated; owner of motor vehicle has 60 days to obtain insurance coverage again. – Amends TCA Title 55 and Title 56. -
Motor Vehicles, Titling and Registration	265	HB0985	As enacted, specifies that an “antique motor vehicle” additionally includes a motor vehicle at least 25 years old with a non-modified engine and body that is used on the highways for the purpose of selling, testing the operation of, or obtaining repairs to or maintenance on the motor vehicle. – Amends TCA Title 55, Chapter 4.
Narcotics	67	SB0408	As enacted, makes concealing that one has received a controlled substance in an effort to obtain more of that substance a Class A misdemeanor and requires certain health care professionals to report suspicion of such to local law enforcement without civil liability. – Amends TCA Title 53, Chapter 11.
Nurses, Nursing	403	SB0009	As introduced, certifies medication technicians who can administer certain medications in nursing homes under the supervision of licensed nurses. – Amends TCA Title 63, Chapter 7, Part 1.
Parks, Natural Areas Preservation	207	SB1793	As enacted, requires the commissioner of the department of environment and conservation to offer discounted rates to veterans who are Tennessee residents for activities at Tennessee state parks during the off season. – Amends TCA Title 11, Chapter 3.
Pensions and Retirement Benefits	438	HB0352	As introduced, authorizes retired members of TCRS to work for a city or county government without their retirement benefits being suspended or lost; provides that retirement benefits are not increased by employment in a local government entity. – Amends TCA Title 8, Chapter 36, Part 8. -
Pest Control	363	SB1548	As enacted, provides terms for the engagement of services for certain termite inspection and prevention plans without initial chemical treatment. – Amends TCA Title 62, Chapter 21, Part 1.
Physicians and Surgeons	416	HB0722	As introduced, removes the Class B misdemeanor offense of practicing naturopathy. – Amends TCA Section 63-6-205.
Probation and Parole	313	SB2271	As enacted, requires offenders under the jurisdiction of the board of probation and parole who transfer residence to another state pursuant to the interstate compact for the supervision of adult offenders to pay to the board an application fee for the transfer; requires board to set the amount of the fee by rule. – Amends TCA Title 40, Chapter 28, Part 2.
Professions and Occupations	279	SB2310	As enacted, makes various changes concerning pre-need funeral contracts, home inspectors, collection services, and real estate appraisers. – Amends TCA Sections 62-5-403, 62-5-409, 62-6-307, 62-20-102, 62-20-108, 62-39-102, and 62-39-105..
Professions and Occupations	421	HB1495	As introduced, revises various provisions involving the practice of polysomnography. – Amends TCA Title 63, Chapter 31, Part 1.
Public Contracts	251	SB1213	As enacted, requires the department of health to reimburse residential homes for the aged for each resident whose income does not exceed $800 per month and whose income is limited to SSI benefits. – Amends TCA Title 12, Chapter 4, Part 3.
Public Records	176	HB0604	As enacted, extends confidential status to certain identifying information compiled and maintained by the department of correction or board of probation and parole concerning a person who has requested that notification be provided regarding the status of criminal proceedings or of a sentenced felon. – Amends TCA Title 4, Chapter 3; Title 10, Chapter 7, Part 5; Title 40, Chapter 28; Title 40, Chapter 38 and Title 41, Chapter 21.
Railroads	372	SB2224	As enacted, requires any person commissioned as a railroad police officer to receive POST certification prior to such commission; requires the POST commission to issue a certificate of compliance to any person seeking to be commissioned as a railroad police officer, if the person meets the qualifications for employment as a police officer and satisfactorily completes the approved recruit training program. – Amends TCA Title 38, Chapter 8 and Title 65, Chapter 6.
Real Property	112	HB0380	As enacted, requires seller of real property to disclose if property is located in planned unit developments prior to entering a contract with buyer. – Amends TCA Title 66, Chapter 27 and Title 66, Chapter 5, Part 2.
Real Property	156	SB0429	As enacted, authorizes right of redemption within one year from the date of the order of confirmation of sale, rather than from date property was sold. – Amends TCA Title 67, Chapter 5.
Remedies and Special Proceedings	385	HB0527	As enacted, allows court to deny name change petition if court believes it is to defraud, not made in good faith, will cause injury, or compromises public safety. – Amends TCA Title 29, Chapter 8, Part 1.
School Transportation	436	HB0092	As introduced, allows school buses to be used up to 20 years of service, subject to annual safety inspections, by extending permissible, yearly waiver limit for their service life after initial 12 years of service from current three years to eight years. – Amends TCA Section 49-6-2109.
Sentencing	203	SB0946	As enacted, grants trial judge the option to resentence a defendant whose probation has been revoked to a sentence of community correction, if the probation violation was a technical violation, as well as ordering the original sentence reinstated and the incarceration of the defendant. – Amends TCA Title 40, Chapter 35.
Sexual Offenses	414	HB0620	As introduced, redefines “indecent exposure” to include knowingly engaging in the person’s own residence certain conduct in the presence of a child for the purpose of sexual arousal or gratification. – Amends TCA Title 39 and Title 40. -
Solid Waste Disposal	73	SB2066	As enacted, amends the Landfill Methane Development Act to identify certain circumstances and purposes for which refined, landfill methane shall be deemed to be natural gas. – Amends TCA Title 65, Chapter 28, Part 2.
Taxes, Exemption and Credits	380	SB2090	As enacted, authorizes conveyance of certain property purchased at tax sale by Shelby County, or included municipality, to adjoining property owners upon actual or in-kind payments of property’s fair market value. – Amends TCA Section 67-5-2509(d).
Taxes, Litigation	488	SB1684	As introduced, adds $1 privilege tax on criminal cases to fund grants for a 24-hour a day victim information and notification system to be operated by the Tennessee sheriff’s association. – Amends TCA Title 40, Chapter 38 and Title 67, Chapter 4, Part 6.
Taxes, Real Property	478	SB1166	As introduced, specifies procedures for sale of property purchased at a delinquent tax sale for municipal taxes only. – Amends TCA Title 6, Chapter 55, Part 2 and Title 67, Chapter 5. -
Taxes, Severance	138	SB1086	As enacted, increases the tax on coal products severed from the ground in this state and increases the amount of tax revenue collected that is allocated to the county from which the coal products were severed; allows department of revenue to retain certain amounts in two fiscal years to recover expenses. – Amends TCA Section 67-7-104 and Section 67-7-110.
Teachers, Principals and School Personnel	353	SB0718	As enacted, extends provisions regarding dismissal of tenured teacher in Davidson County to also apply in Shelby County. – Amends TCA Title 49, Chapter 5.
Telecommunications	275	SB1210	As enacted, creates a 2-1-1 advisory council. – Amends TCA Section 65-4-117(b).
TennCare	471	SB0851	As introduced, requires that home health care services be provided in the recipient’s home and for service delivery purposes follows the recipient into the community. – Amends TCA Title 71, Chapter 5.
Tobacco Master Settlement Agreement	340	HB1676	As enacted, imposes penalty for failure of a tobacco distributor or manufacturer to provide certain information to commissioner of revenue. – Amends TCA Section 67-4-2604.
Tobacco, Tobacco Products	343	HB0530	As enacted, requires that at least 15 days prior to removal of a tobacco product manufacturer or brand family from the tobacco product manufacturer directory, the commissioner of revenue must post notification of such removal in the directory and transmit notice to any person who provides an email address to the commissioner for the purposes of receiving notifications of directory updates via email. – Amends TCA Title 67, Chapter 4, Part 26. -
Tort Liability and Reform	425	HB2233	As introduced, adds the necessity of showing by clear and convincing evidence to the extraordinary good cause needed for a court to excuse noncompliance with certain requirements for medical malpractice filings. – Amends TCA Section 29-26-121.
Traffic Safety	397	HB1605	As enacted, revises requirements governing bicycle use at nighttime to require that a bicycle be equipped with a lamp on the front that emits a white light visible from a distance of at least 500 feet to the front and either a red reflector or a lamp emitting a red light that is visible from a distance of 500 feet to the rear when directly in front of lawful upper beams of head lamps on a motor vehicle. – Amends TCA Title 55, Chapter 8. -
Transportation, Dept. of	197	HB1311	As enacted, removes department of finance and administration’s authority to transfer funds from the highway fund. – Amends TCA Section 4-3-1016 and Title 54, Chapter 2, Part 1.
Vending Machines	350	SB0395	As enacted, requires vending machines located on state property to either use energy efficient lights for advertising or have the lights used solely for advertising removed. – Amends TCA Title 12, Chapter 2, Part 1 and Title 53, Chapter 12, Part 1.
Veterans	219	SB1659	As enacted, authorizes veterans to request removal of their social security numbers from war records. – Amends TCA Title 4; Title 10 and Title 58.
Victims’ Rights	50	SB1208	As enacted, confers immunity from civil action upon victim of crime for testimony given at offender’s parole hearing unless testimony is intentionally and maliciously false and defamatory. – Amends TCA Title 40.
Wine, Wineries	348	SB0166	As enacted, creates direct shipper license to be issued through the alcoholic beverage commission that would allow an in-state or out-of-state entity to ship wine directly to consumers age 21 years or older in this state for personal use. – Amends TCA Title 57, Chapter 3.
Workers Compensation	364	SB1567	As enacted, provides that any employee who retains the right to reconsideration of an award of permanent partial disability benefits for a workers’ compensation injury that occurs on or after July 1, 2009, and whose pre-injury employer is sold or acquired after such award is made, may seek reconsideration from the successor employer if either the employee’s employment with the successor employer is involuntarily terminated through no fault of the employee or the employee’s rate of pay is reduced to a level below the rate of pay that the employee had at the time of the injury. – Amends TCA Title 50 and Title 56. -
Workers Compensation	373	SB2299	As enacted, authorizes the commissioner of commerce and insurance to establish by rule requirements for securities posted by self-insured employers; requires that the employer’s losses and adequacy of reserves be certified annually, instead of biennially. – Amends TCA Title 50, Chapter 6, Section 405, and Title 56, Chapter 4. -
Workers Compensation	486	SB1574	As introduced, decreases amount of civil penalty commissioner of commerce and insurance may assess to insurance companies for failure to submit modification factors or rates from $2,000 per incident to $1,000 per incident. – Amends TCA Title 50 and Title 56.

The GOP Review

News Staff — Mon, 20 Apr 2009 22:08:46 +0000

Election Laws, economic development and the budget are among wide variety of issues debated on Capitol Hill this week

(NASHVILLE, TN), April 16, 2009 – Election laws, economic development, the budget, telecommunications, and violent crime were among a wide variety of issues headlining debate on Capitol Hill this week. However, State Senators also took time on Monday to remember the victims of last week’s tornadoes in Rutherford, Sumner, and Benton Counties and commended emergency personnel for their handling of the disaster.

The worst damage was in Rutherford County where a deadly EF-4 tornado hit Murfreesboro packing winds of 166 mph to 200 mph, killing a mother and her baby. The tornado, which was a half-mile wide and ran a 28-mile path, set a record for the longest EF-4 tornado in history. Seven people were critically injured and about 818 homes were damaged, with 111 of those homes completely destroyed. The cost to businesses and residents has preliminarily been estimated at $40.2 million.

A Murfreesboro Gas station suffered significant damage (Chris Jackson)

“Our prayers go out to those who lost loved ones in this devastating storm,” said Senator Bill Ketron (R-Murfreesboro), whose home came within 150 yards of the tornado’s path. “This is a situation that we never want to face, but I must commend the Tennessee Emergency Management Agency (TEMA), the Department of Transportation (TDOT), the Department of Safety and especially all of our police and highway patrol who have worked overtime to help our citizens. Many citizens have come out to help, and the response from churches in our area has been unbelievable. I will do everything in my power to make sure the residents and responders have enough resources and supplies to continue their recovery efforts.”

“We truly live in a great state,” added Senator Jim Tracy (R-Shelbyville), whose district makes up most of the area damaged by the tornado. “I certainly understand why we are called the Volunteer state as we had hundreds of volunteers that helped us go yard to yard to clean up debris. TEMA, TDOT and our state troopers did an outstanding job in assisting our local authorities. This is the worst disaster in Rutherford County’s history and we need to keep all of the folks who suffered losses in our prayers.” Senator Tracy is Chairman of the Senate Transportation Committee which oversees state operations of roads and the highway patrol.

Both Ketron and Tracy are working with state and federal officials to request aid from the Federal Emergency Management Agency for storm victims.

The Good Friday tornadoes have renewed debate on increasing the number of sirens in densely populated areas to warn citizens of a tornado. Legislation has been introduced to phase in additional sirens to ensure that citizens are warned of a developing emergency like a tornado. The bill, SB 88 sponsored by Senator Paul Stanley (R-Germantown), calls on the Tennessee Emergency Management Agency (TEMA) to coordinate with each county to plan to add a certain number of civil defense sirens per year beginning in 2012. The proposal is pending action in the Finance Committees in both the House and Senate.

There have been 120 deaths in Tennessee since 1999 as a result of tornadoes.

State Senators debate bills to protect the integrity of voting process

Several bills to protect Tennessee’s election process were acted on this week by State Senators, including legislation requiring voters to provide photo identification before voting. The bill, SB 150 by Senator Bill Ketron (R-Murfreesboro), provides for various forms of photo identification to be used, including a driver’s license, military identification, a valid passport, government employee identification cards, and any federal, state-issued identification card that contains a photograph of the voter. The legislation does not apply to citizens 65 years old or older and those in nursing homes. It also allows for those who are indigent to sign an affidavit swearing their status as an eligible voter. In addition, the bill provides for a “provisional ballot” which would only be counted if the election counting board is able to verify identification of the voter within three days.

Seven states require a photograph be shown to prove identification, including neighboring states Georgia, Florida, and Louisiana.

Legislation that would give election officials the tools to prove citizenship before registering to vote was deferred upon final consideration in the State Senate on Thursday. Senate Majority Leader Mark Norris (R-Collierville), sponsor of the bill is working with House sponsors to revive the measure in the House of Representatives where it received a tie vote in the Elections Subcommittee of the State and Local Government Committee this week.

The proposal, SB 1999, sets forth the criteria that local election officials can use to establish citizenship upon registration to vote if they are in doubt. The U.S. Constitution already requires citizenship. In addition, federal law makes it a crime knowingly to make a false statement or claim regarding citizenship upon registering to vote. However, local election officials are reluctant to ask due to lack of guidance on what criteria can be used in determining citizenship.

“The dilemma is that election officials in the field have questions about what they can ask for to substantiate that assertion when one checks the box that they are a U.S. citizen,” said Leader Norris. “These officials don’t want to bring it up if they are not authorized to ask for certain identification. What this legislation does is gives them guidance and clarifies what they can ask for if an election official chooses to put that person to the test.”

Another bill regarding elections approved by the full Senate this week, SB 1420, honors the service of those in the military by making it easier for those overseas to access and return the necessary documents to vote absentee. In the last election, many Tennesseans in military serving overseas requested that they be allowed to send their scanned documents by email because they did not have access to a fax in Iraq and Afghanistan.

This legislation, sponsored by Ketron, would allow Tennesseans serving in the military overseas to scan an absentee request or change of address form and attach the document to an email to be sent to the their county election office to make it easier for them to vote. Currently, only a fax is allowed. The local election office would still compare the signature of the voter before mailing the ballot.

Finally, the State Senate gave final approval to legislation, SB 440 sponsored by Senator Doug Overbey (R-Maryville), requiring that convicted felons must pay all court costs imposed before being eligible to have their voting rights restored. Currently, a person convicted of a felony must be pardoned, discharged from custody or supervision, and have paid all restitution to the victim of the offense to have his or her rights of suffrage restored. This legislation would add the payment of court costs as well.

Senate approves Megasite bill to enhance prospects of bringing new industry and jobs to West Tennessee

Legislation that enhances the prospects of bringing new industry to West Tennessee met approval in the State Senate this week and is ready for final action in the House of Representatives. The bill, which could come up for a final vote in the House as early as next week, is the result of a team effort of West Tennessee legislators to bring new jobs to the area.

“The stage is set for success in West Tennessee after passage of this bill,” said Senator Dolores Gresham, a co-sponsor of the bill. Gresham represents Haywood County where the site is located. “This has truly been a team effort. All of our West Tennessee delegation has been pushing for passage of this measure and will continue our efforts until it is signed into law.”

The bill, SB 653, makes numerous changes to the Tennessee Regional Megasite Authority Act of 2007, including the ability for authorities to purchase nearby property to be included in the megasite zone. This provision means a Megasite authority could purchase land for critical infrastructure needs, like a highway ramp or rail spurs in non-contiguous acreage. Currently, additional property within the megasite zone must be contiguous. The legislation also deals with the make-up of the megasite authority, making it much like a local industrial development board to enhance success of the project

Hemlock Semiconductor Corporation

The legislation is in addition to the proposed allocation of more than $27 million in bonds slated for the project in the 2009-10 budget to allow authorities to buy land for the Haywood County megasite. Legislators are hopeful that the measure will have the same impact on the area as the megasites in Clarksville and Chattanooga, where similar projects have landed more than $3 billion dollars in new investments from Volkswagen Group of America, Hemlock Semiconductor and Wacker Chemical, creating more than 3,000 new jobs.

“The West Tennessee megasite is the No. 1 major industrial development site in the state,” said Senate Majority Leader Mark Norris (R-Collierville). “It will have a great deal of impact on the future of our region.”

Senate Committees continue to study budgets of various departments and agencies of state government

Committees in the State Senate continued to review budgets of the various departments and agencies of state government. One such agency is the Department of Tourism, where members of the Senate Environment Committee members took an in depth look at financial challenges facing that industry. A major challenge to the Department of Tourism’s ability to expand the economic benefits for travel and tourism is ever-increasing competition from other states.

In order to compete and create new opportunities, Tennessee must take advantage of advancements in technology, especially in the area of web-based travel planning, and find ways to partner with other state agencies and the tourism industry to capitalize on special markets and creative promotions to maximize available financial and human resources.

In the Education Committee, members heard testimony on the budget of the Tennessee Lottery Corporation. CEO Rebecca Paul Hargrove told members that the lottery program currently has a $6 million shortfall in estimated revenues for the current fiscal year. Revenue forecasters had predicted a growth in revenues, but Paul said the revenue growth has been flat.

Thirty out of forty-two states that use lotteries have seen a decline in sales. Tennessee has seen growth in Instant ticket sales, but Powerball sales have lagged by $8 million. The budget for the next fiscal year assumes an increase of $6 million in revenue growth. Hargrove said the last quarter has been promising and that the lottery will continue to develop products to boost funds.

The Tennessee Education Lottery operates entirely from revenue generated through the sale of its products. Net proceeds from sales of Lottery tickets fund specific education programs, including college scholarships, pre-kindergarten and after-school programs. Since the Tennessee Lottery began selling tickets on Jan. 20, 2004, it has raised more than $1.3 billion for these programs.

Crooks with Guns legislation targets repeat violent offenders

Legislation strengthening penalties against repeat violent offenders who use a gun in commission of a robbery was approved in the Senate Judiciary Committee this week. The bill, SB 673 by Senate Majority Leader Mark Norris (R-Collierville), is one of three bills proposed this year by the Public Safety Coalition.

Tennessee ranks second in the nation in the number of violent crimes. These criminals are often repeat offenders. Sixty-seven percent of those convicted of violent crimes are re-arrested within three years of being released from prison. The recidivism rate increases to 80 percent when you move past that three-year marker.

The bill now goes to the Senate Finance Committee for approval.

Legislation helps children in state custody with post-adoption services

Legislation that aims to improve Tennessee’s success rate in adopting children who were previously in state custody has received the unanimous vote of the State Senate. The bill clarifies state law to provide post-adoption services for child welfare adoptions.

The bill, SB 1702, applies to adoptions when children have been taken into state custody for being unruly or delinquent and parental rights from the biological parents have been terminated. These are some of the most difficult adoption placements for the Department of Children’s Services. However, the rate of success improves if post-adoption services are offered. A few of the services include crisis intervention, family and individual counseling, support groups for parents and children, case management services, and networking of families and community providers.

“Tennessee beats the national average on child adoption placements and we want to see that our success rate improves,” said Senator Doug Overbey (R-Maryville), sponsor of the bill. “These services are proven to help in providing a healthier atmosphere for both the child and adoptive parents.”

Legislation providing more opportunities for Tennessee products to be used in gasoline is approved on Senate Floor

Legislation that allows more Tennessee products to be used in the blending process of gasoline products was approved Thursday in the State Senate. The bill, SB 1931, requires suppliers of gasoline products to make gasoline available to wholesalers in a condition that allows the wholesaler to blend it with ethanol.

The federal government has adopted policies which have encouraged the blending of ethanol and other agriculturally produced products with petroleum-based fuels. Tennessee has also encouraged the agricultural production of crops for conversion into ethanol and biodiesel additives to expand the use of these products.

In 2008, major oil company suppliers began to cut off wholesalers’ access to unblended product. Availability was limited at gasoline terminals to only blended products which resulted in an increase in the price from what local wholesalers could produce. This practice has prevented wholesalers from visiting ethanol terminals within the state and blending the product which has decreased the consumption of Tennessee ethanol.

“This bill is in response to far reaching and swift changes from major suppliers regarding the ability of wholesalers to access unblended fuels,” said Speaker Pro-Tempore Jamie Woodson (R-Knoxville). “Wholesalers in Tennessee have been successfully blending for 20 years. This bill ensures competition in the market and it is a big win for Tennessee consumers and farmers.”

Market Regulation Act of 2009 would modernize state’s telecommunications law

Legislation to modernize state telecommunications policy and promote more competition and choice for Tennessee consumers has been approved on final consideration in the Senate. The legislation, SB 1965 sponsored by Senator Paul Stanley (R-Germantown), allows existing traditional telephone providers to opt into “Market Regulation” so they will be treated on the same terms as their competitors in the cable, wireless and Internet telephone companies.

When Tennessee lawmakers rewrote the state’s telecommunications law in 1995, they retained regulations on existing telephone providers. Since then, new telecommunications companies have emerged using technologies that did not exist when the law was written and that are not under the same regulations as traditional phone companies.

Under this legislation, called the “Market Regulation Act of 2009,” the TRA will continue to regulate wholesale telecommunications in Tennessee for market regulated companies. It also keeps in place government support programs such as the Lifeline to assist seniors and low income consumers. Consumers would continue to have a variety of alternatives for resolving complaints regarding phone rates. However, sponsors feel that the increased competition will keep companies from raising rates as they vie to attract and retain customers. In addition, the legislation includes language to assure there will be no rate hikes in rural areas for at least one year.

Similar market regulation legislation has passed in other states, including Alabama, Mississippi, Indiana, Nevada and Missouri; and is currently pending in South Carolina, North Carolina, Georgia and Florida.

State budget

Various state departments will see a 12 percent decrease in size by the end of his term in 2010, Bredesen said.

Those cuts will be needed because of lower revenues caused by the recession, he said. He expects to see a decrease of about $1 billion in state revenue this year.

Bredesen unveiled his budget plan last week, which predicts the state budget for four years instead of the normal two.

The education budget remains fully funded, but some other departments may see cuts greater than 12 percent, he said.

The federal stimulus money will mean the state will not have to cut the 2,300 jobs that had been forecast.

However, Bredesen warned the reprieve will be temporary.

“It lets us go on a glide path, instead of diving down there this spring,” he said.

Bredesen predicts state revenues will be flat in 2010, and grow 3 percent in 2011 and 5 percent in 2012.

While overall state unemployment is not significantly higher than national levels, Bredesen said the state will look at how it can help counties that have been hit worst by the recession.

The increase in unemployment has put a strain on the state unemployment fund, he said. At the current rate, the fund will be depleted by this winter.

That will mean increasing the unemployment taxes for businesses, he said.

Visit jacksonsun.com and share your thoughts.

- Mariann Martin, (731) 425-9782

Legislation to ban “texting while driving” headed towards Senate floor after approval of Finance Committee

Legislation that would ban “texting while driving” is headed towards the Senate floor for final consideration after being approved by the Senate Finance Committee. The bill, SB 393 sponsored by Senator Jim Tracy (R-Murfreesboro), prohibits sending or reading text messages or emails on a hand-held mobile phone or personal digital assistant while a driver is operating a motor vehicle in motion.

Over two-thirds of those under the age of 24 who were polled have admitted to sending text messages while driving. Studies show that drivers of any age who text behind the wheel swerve out of their lane, with many running into head-on traffic.

Under the bill, a violation would be a Class C misdemeanor, punishable by a fine of no more than $50.00. The legislation would take effect on July 1 if approved by the full Senate and House of Representatives.

Legislation allowing legal gun permit holders to “carry” in restaurants that serve alcohol approved in Senate

The Senate voted 26 to 7 on Thursday to allow law-abiding handgun permit holders to “carry” into restaurants or other establishments serving alcohol as long as the owners of the premises have not posted notification that they are banned. The bill is one of several proposals in the General Assembly this year to allow citizens to exercise their second amendment rights.

Those who are in possession of a handgun are already prohibited from consuming alcohol or face a Class A misdemeanor, which carries a $2,000 fine and up to 11 months and 29 days in jail.

The Senate stripped a restrictive amendment placed on the bill in the House to ban permit holders from carrying in restaurants that serve alcohol between the hours of 11 p.m. and 5 a.m. Also removed from the House version of the bill was a provision to restrict the right of a permit holder to “carry” in age-restricted establishments.

The bill, SB 1127, now goes back to the House for a vote on the Senate’s action to remove these provisions. If the two bodies cannot agree, the measure will go to a Conference Committee to work out the details.

Bills in Brief

Tea Time – Thousands of citizens came to Legislative Plaza in Nashville this week to take part in one of the 24 Tax Day Tea Parties across Tennessee. Citizens participated by holding signs and reading speeches to protest the tax-and-spend policies in Washington. The events in Tennessee are part of a larger grassroots movement against government spending called Taxed Enough Already, or TEA, reminiscent of the Boston Tea Party revolt against taxes 235 years ago.

Tennessee’s bond rating — Tennessee Finance Commissioner Dave Goetz appeared before the Senate Finance, Ways and Means Committee this week where he told members that all three bond rating agencies have confirmed their confidence in Tennessee’s financial standing by maintaining the state’s bond rating and giving Tennessee a ’stable’ credit outlook. Both Fitch Ratings and Standard & Poor’s held firm their rating of AA+ with a credit outlook of stable. Moody’s Investor Service also maintained its rating at Aa1 with an outlook of stable. In February, Moody’s expressed a negative outlook for the broad sector of all U.S. states.

Farmers – The full Senate voted 29 to 3 to approve legislation this week that gives limited immunity to farmers who participate in “agritourism.” The legislation, SB 2164 sponsored by Senator Jim Tracy (R-Shelbyville), applies to events like a “pumpkin patch” or “corn mazing” that farmers may want to have on their property. The measure requires the farmer to post and maintain a sign that warns persons of this bill’s limitation on liability

Wine / Shipping – The full Senate has approved legislation, SB 166 sponsored by Senator Paul Stanley (R-Germantown), to allow consumers to ship wine from wineries to their homes. Currently, it is a felony under Tennessee law to transport wine across state lines. This legislation allows wineries to ship up to three cases of wine per year to Tennessee consumers provided they have license.

“2-1-1″ – State Senators approved a bill putting into place a “2-1-1″ advisory council to advise and assist the Tennessee Regulatory Authority (TRA) in establishing statewide standards that will ensure that the citizens of Tennessee are served by an efficient and effective 2-1-1 service. The “2-1-1 service” is a statewide phone number that connects Tennesseans with community services and volunteer opportunities. The legislation to create an Advisory Council, SB 1210 sponsored by Senator Jamie Woodson (R-Knoxville), will ensure that the quality of service is raised to an even higher level.

“Just say no” to domestic spying

Chris Lugo — Sat, 28 Jun 2008 13:00:04 +0000

Big brother is watching you and his name is AT&T. Sometimes he goes by the name of BellSouth and at other times he is known as AOL-Time-Warner. Big brother goes by a lot of names. He is listening to you while you talk and watching you while you type and everything you say could be recorded so he can look at it somewhere down the line.

Now everyone knows that it is not polite to intrude on people in their private moments. The problem is that big brother doesn’t seem to know that peeking into people’s private communication is wrong and it should be illegal. Unfortunately President Bush wants to continue to grant immunity to telecommunications companies in the name of the so called ‘war on terror’ which in actuality is a war on the American people and the telecommunications infrastructure is the front line in the gradual diminishment of civil rights that Congress has permitted in recent years.

We need representatives in Washington DC who support protecting Americans instead of distrusting us. As a candidate for federal office I support legislation to abolish the Department of Homeland Security, that Orwellian agency constructed in the days after 9-11, which has crafted the war on the American people and their rights since. I support the elimination of FISA loopholes and the closing of Guantanamo Bay and the return of all detainees to their countries of origin. I believe that the American people deserve full and open disclosure on all activities related to government spying conducted against her citizens. Finally, I support the elimination of discreet, undocumented funding of the Central Intelligence agency.

Our rights are not negotiable. Telecommunication companies have violated those rights and have broken the law in order to appease a corrupt and power hungry administration that is willing to throw out Habeus Corpus, the right to privacy and international law in a reckless drive down the road to never-never land. Corporations must be held accountable and the President and his cronies must be called to account for violating our basic constitutional rights. Unfortunately, Senator Obama has been a disappointment on this issue and has refused to honor his commitment to filibuster this legislation. As a result, we are once again adrift without a rudder, a captain, a ship or an engine, being dragged along by the tides of fear.

It is time to reject the efforts of George Bush and anyone else who wants to grant retroactive immunity to corporations that spy on Americans. Congress has proven itself to be too weak-kneed to stand up to the fear mongers, but there is a new line of candidates running for office who are not so willing to roll over and play dumb. Treason is not patriotic. We all know that the government spying on us is wrong, and that any agency or corporation that assists in breaking into our most intimate communications is not behaving in a democratic fashion. The new reality is that our privacy is being compromised until we roll back FISA protections and strip immunity for corporations that spy on Americans.

For more information on this issue please visit: http://www.usalone.com/no_following_orders.php

Verizon, AT&T and the manipulation of public opinion

A Guest Commentator — Wed, 11 Apr 2007 01:27:42 +0000

Needed: Blacks, Hispanics, disabled, deaf, low-income and the elderly to support the telecoms’ positions on anti-consumer FCC rulings and legislation.

DEFINITIONS:

Astroturf—An organization set up by a large corporation or corporations to put forward the corporate agenda but to look like an authentic ‘grass-roots’ group.
Co-opted—An authentic group that is given funding by a large corporation or corporations, where the group lobbies for corporate initiatives even if they are contrary to the needs of its members.
Skunkworks—A well coordinated campaign funded by large corporations (or industries) that incorporates Astroturf and co-opted groups, research think tanks, PR firms, lobbying firms, state and federal politicians to put forward the corporate agenda on a specific topic.

Over the last few weeks numerous groups have been lobbying and hyping the corporate position of AT&T and Verizon for relaxed cable franchise requirements or to stop any net neutrality legislation.

Some of these groups are working together to supply a message that blacks, Hispanics, seniors, low income, deaf or disabled persons care about these issues – and that they back the AT&T and Verizon positions.

A release from a group called Video Access Alliance in mid-March, for example, titled “Video Industry Organization Voices Support for Broadband Deployment and Consumer Choice,” outlines how numerous groups support what it refers to as the FCC’s “bold” cable television decision.

“Last week’s video franchising order by the FCC was a bold and necessary step in providing consumers and new content providers alike with a more competitive and fair marketplace for cable television and broadband services. The Video Access Alliance commends the FCC and Chairman Kevin Martin for this decision, and we are not alone. Below are the words of just a few of the organizations representing a broad spectrum of constituencies and interests that support this action.”

The press release goes on to quote Astroturf and co-opted groups representing the deaf, disabled, black, low income and others, all touting a plan to loosen cable franchise rules for the phone companies.

Some of the organizations quoted in the release are the American Association of People with Disabilities, the Internet Innovation Alliance, and the National Association of the Deaf, the Alliance for Public Technology, and the Video Access Alliance itself.

Other groups that sent out releases supporting the telecoms on this and related topics include the National Black Chamber of Commerce, Consumers for Cable Choice, Netcompetition, and the League of United Latin American Citizens (LULAC)

What do these groups have in common? They all receive funding from AT&T and/or Verizon, and then lobby for them.

[Click here for a description by my group, Teletruth, of the FCC decision in question and why it’s anti-consumer. Also for background: America is 15th in the world in broadband, in part because the phone companies failed to deliver on their promises to rewire America with fiber optics. Customers have already paid billions per state for that. On these issues, read our summary, written a year ago, for Nieman Watchdog.]

These “consumer” groups now are congratulating the FCC for doing a runaround of Congress (which did not pass legislation last session), by allowing the phone companies to pick and choose which communities, if any, will get new competition and without having to worry about commitments to the public, which is still paying for services not yet received.

Worse, AT&T and MCI (Verizon) are now raising local and long distance rates, especially harming low-income and low-volume customers, including seniors and the disabled.

You would think the consumer groups would be outraged and want an investigation of where all the money allocated for fiber optic broadband went or about the large increases to the price of service. Instead, the AT&T and Verizon-funded groups—some authentic but ‘co-opted’, others, such as Video Access Alliance, simply made up—are now attempting to confuse Congress, the FCC and the public into thinking that the phone companies have the support of blacks, Hispanics, seniors, the disabled and low-income families. (Click here to see what we’ve written on many these groups.)

This is all very sleazy. It is about deception. It is about playing on America’s caring about the public interest and about minorities getting a fair shake. Video Access Alliance claims that blacks and Hispanics care about Verizon and AT&T cable plans and it is important to help these ‘poor’ misunderstood companies deliver cable services.

“This issue is extremely important for minority businesses and minority consumers,” said VAA Chairman Julia Johnson. “Blacks and Hispanics spend more on telecommunications and media products and services than non-minorities. Studies indicate minorities have higher penetration rates for digital television. Minorities subscribe to more premium television channels like HBO and Showtime and minorities are the industry’s best pay per view customers. We are high value customers with enormous buying power.”

The conclusion one should draw is that these groups, while they themselves benefit from the phone companies’ funding, certainly harm their own constituents. Minorities typically live in areas that are not the rich neighborhoods that will be the first to be rewired. Seniors are not worrying about broadband issues and certainly spend less than most customers on telecom issues. And we doubt that the disabled are worried about ‘premium’ television programming.

Teletruth has no problem with large corporations donating money to non-profits. In fact, we encourage it. But the line should be drawn when a group starts lobbying for the phone companies, even if the money it received has nothing to do with the corporation’s business, or when a group takes the money in exchange for doing corporate favors – like lobbying.

The reason Astroturf, co-opted, and skunkworks groups should be ‘outed’ is simple – these organizations have very deep-pocketed funders with lobbying groups, PR firms, and others to get them the loudest “volume” in the media or access to regulators and legislators. They often overwhelm the message of independent consumer groups.

Teletruth suggests national legislation be created to stop deceptive practices. Imagine the removal of thousands of groups’ non-profit status for lobbying for their large corporate benefactors. IRS regulations state that for a citizens group “to be tax-exempt as an organization described in IRC Section 501(c)(3) of the Code … it may not attempt to influence legislation as a substantial part of its activities and it may not participate at all in campaign activity for or against political candidates”.

In our view, every organization should be required to identify all major contributors before taking part in public meetings, filing comments, and so on. This would clear up the deceptive practices issue.

In the movie Man of the Year, Robin Williams, playing a comedian running for president, recommended that all politicians and organizations be required to wear a ‘NASCAR’ jacket, showing all of the sponsors on their ’sleeve’, as it were.

When AT&T and MCI were separate long distance companies they had their own ‘Astroturf groups, research firms, etc., that gave balance to the political forces. Today, with the mergers and consolidations, AT&T and Verizon not only own the local phone companies and the long distance companies, but they are also the largest wireless companies. There is no longer a serious ‘other side’. The Cable companies are simply not going to defend customers’ rights against the abuse of other large corporations.

The public voice needs to be on equal footing with the deceptive organizations that are using ethnic diversity or disabilities as ‘marketing’, putting corporate initiatives over the public interest.

[Click here for additional Nieman Watchdog reports by Bruce Kushnick.] Re-published here with the author’s permission

The author of this article, Bruce Kushnick has been a telecom analyst for 24 years, and is currently the chairman of Teletruth, an independent customer advocacy group focusing on broadband and telecom issues, as well as executive director of New Networks Institute, a market research firm. Teletruth was a member of the FCC’s Consumer Advisory Committee in 2003-2004 and has worked with the Small Business Administration’s Office of Advocacy on competitive issues. It also helped to create the Broadband Bill of Rights, and research through Teletruth’s phone bill auditing services has led to class action suits and major refunds for phone bill overcharging. His new ebook, The $200 Billion Broadband Scandal, is available online. His email address is if you wish to contact him directly.

A guest commentary by Karl Bode of DSL Reports

Bill Larson — Wed, 01 Nov 2006 14:50:43 +0000

This commentary was not originally written for Clarksville Online. I want to thank Karl Bode of DSL Reports for giving me permission to republish this article here for you. I felt it was something that you should see. Thank you Karl!

If you wish to read the original version complete with user commentary please feel free!

Municipal Report: Bogus Experts, Bogus Concern
Faking interest in broadband deployment to maximize revenue
Posted 2006-10-31 20:31:09 by Karl

Editorial: Outfits such as the Reason Foundation, Competitive Enterprise Institute and the Heartland Foundation are free-market think tanks that proudly proclaim that eliminating government oversight in the broadband sector will result in broadband utopia. Their editorials and position papers insist they are concerned with “optimizing broadband deployment” in this country. However the real agenda, as always, is maximizing revenue for themselves and their constituents by eliminating all regulation, creating an utterly toothless regulatory authority, and letting the nation’s largest corporations run wild.

With that in mind, the groups have banded together to issue this compact under the Freedom Foundation flag. The piece attacks government oversight and municipal broadband, offering free-marketeers a guide to a better broadband tomorrow.

“As scholars and analysts specializing in broadband policy, we recently convened online to examine the issue,” the group notes. “Empirical research and economic rationale guided our deliberations,” the group insists. The only problem is that the crew of “scholars and analysts” assembled to tackle the nuanced debate over muni-broadband all share the same ideology, and all in one way or another are tied to incumbent telecom providers.

Signees for the free market manifesto include gentlemen such as the Heartland Institute’s Joseph Bast, whose organization rails against what it calls the “junk science” that health officials aim at the tobacco industry. Also signing off on the manifesto is Sonia Arrison, an employee of the telco-funded Pacific Research Institute, whose pro-incumbent editorials appear frequently in papers and websites across the nation without her ties to industry clearly illuminated.

While these financial ties obviously do not invalidate these groups’ positions, the suggestion that these outfits are concerned with broadband “deployment” should be insulting to those interested in honest debate over this nation’s telecom infrastructure. These groups and the compact’s signees are concerned with one thing: maximum possible revenue for their clients, and a toothless regulatory authority.

Their focus is not to increase broadband deployment. That would require offering broadband services to rural portions of America, where their employer’s ROI would be dubious and stock prices would suffer. Whether you can get DSL in the remotest regions of your Ohio suburb is the very last thing on the mind of individuals such as Joseph Bast and Sonia Arrison, or organizations such as the Heartland Institute.

The coalitions suggestions for “maximizing deployment”, include the elimination of all “unnecessary regulations”, telecom taxes or fees (though as discussed many of these are phony and imposed by the providers themselves), as well as ensuring that municipalities are “prohibited from investing in, managing or operating broadband infrastructure and services.”

But wait: wouldn’t banning towns and cities from offering broadband be regulation? And wouldn’t it be “un-necessary regulation” considering companies like AT&T have discovered they can simply compete in the muni-wireless sector? Strange how such rabid fans of a free-market aren’t interested in allowing market darwinism to play out.

The reality is that these groups only truly oppose regulation when it runs contrary to the interests of their corporate financiers and their own portfolios. Many of these groups would find regulations preventing the dumping of toxic chemicals into river water equally “unnecessary” if the price was right; supported by farmed statistics suggesting mutant frogs are a boon to the local ecosystem.

While there are certainly flaws with many municipal broadband models, these are decisions that should be made by the communities themselves, not subjective analysts on the payroll of major telecom providers. Fans of a free market should be eager to see the organic free-market at work. If these municipal broadband operations are such a flawed idea: let them fail.

While incumbent providers have every right to declare an area unprofitable, they should not have the right to then ban these communities from wiring themselves. These broadband black holes were created by the providers. They should either fill them or get out of the way, taking their cadre of subjective experts with them.

The country’s largest corporations currently control both sides of the debate over this nation’s broadband policies. They freely voice their opinions via press release (and now blogs) on one hand, then pose as objective experts and even fake consumer groups to support these policies on the other.

What should be a meaningful dialog over this nation’s broadband infrastructure has devolved into a dishonest stage-show where legitimate consumer concerns (such as rural broadband deployment) are increasingly marginalized.

Charter Sucks!

Tom Paine — Tue, 04 Jul 2006 18:08:06 +0000

It’s not often that I vent on a business — I know how hard it can be in this competitive world to satisfy ever more demanding customers. But I am about over Charter Communications. For over a month now, we have had missing channels and bad reception. We made an appointment and they never showed up, which doesn’t leave you feeling particularly good about having wasted a day to be there for them. Nor were they particularly apologetic about not showing up.

And every time you try to get a response from them, you are back to square one: you have to navigate a phone menu that resembles chinese water torture more than anything else. If and when you do get a human being, it’s a whole new world — you have to explain all over again what the problem is. And they will want you to make yet another appointment.We did finally have a tech show up when we were at home. After doing some checks he told us that the problem was in the line outside the house. Along the way, he told us he was not too happy with the service department at Charter, himself. He was a nice guy and seemed genuinely interested in helping us out. He placed a call and told us they should have a tech out the next day to check out the lines coming into the house.

When I came home the next day and saw a Charter truck heading up the street I foolishly thought that they had found and fixed the problem. No such luck. We did pick up some of the channels we were missing, but then others we had had turned up missing. And lately the broadcast stations like NBC, CBS, NBC, and NPR are getting really bad. Along with still missing channels we should have.

Which brings me to the moral of this whole rant. Charter is a monopoly here in Clarksville. They have no competition so, evidently, they don’t have to worry about whether we customers are satisfied with their service. The message I’m getting from all this is, “If you don’t like our service, put up a dish!”. Which, if it weren’t for my need of a broadband network connection (I telecommute a couple of days a week), I might just consider.

Perhaps Clarksville/Montgomery County should consider instituting it’s own cable service, as does a number of cities throughout the country. Could be a good source of revenue. And at the very least, maybe it would scare Charter into being more responsive to its subscribers.

Clarksville Department of Electricity requests to provide additional services

Bill Larson — Wed, 14 Jun 2006 05:01:54 +0000

Information has become the lifeblood of the 21st century. Much like Water, Electricity, and Natural gas. Inexpensive access to data, is something that our city needs to fuel it’s growth in the coming years. Without a modern and reliable data infrastructure we will not be able to attract new businesses to our city, and thus our citizens will miss out on the associated economic opportunities, which new businesses bring with them.

The current providers of these information services, Charter Communications and Bellsouth, have no natural incentives to make the expenditures which are necessary to modernize their systems, and to provide us with the quality and levels of service we require. They have made an uneasy truce with each other, neither wishing to rock the boat by actually competing.

Competition in this vital sector of our economy should be fierce with many different players all seeking to provide us with the most reliable and highest level of service possible. The reason that this is not happening is that FCC rulings have declared that Cable based Internet services are a information service and not a telecommunication service, and other rulings reclassified DSL Internet service as one as well. This removed requirements that they open their networks to competitors. This means that for broadband Internet access and high-end telecommunication services you are stuck with only two cost effective options, cable from Charter, and DSL from Bellsouth.

I have had dealings with these companies and their offerings and have been unhappy with both. The frequent outages, repair times are excessive, businesses are charged punitive rates (The same 3MBS connection that I get at home for 40$ per month would cost a business $200-300 per month), and the prices we pay continue to rise even as their associated costs decline.

The Clarksville Department of electricity wishes to form a telecommunications authority in order to offer these types of services. They propose that they build a city-wide fiber network, fiber optic connections would be extended to all homes and businesses in the city.

They want to do this primarily because they could then check meters, disconnect and reconnect service, and manage other electricity functions from their central office. However, being realistic they also understand that it would also allow them to provide telephone, cable television, on-demand video, video-conferencing, community access TV channels, high speed Internet, and a number of other services some of which are currently not available in Clarksville. This would also bring competition to the currently stagnant local Telephone and Cable TV markets.

The city council voted to allow the Clarksville Department of Electricity to proceed and it passed however, they did not have the percentage of votes in favor that the state requires before they will create the enabling legislation.

I believe that the city council has approved a voter referendum to be placed on the November ballot. Charter Communications, Bellsouth, and their front groups will oppose this, and they will probably attempt to prevent it from happening at all. It is not in their best interest to have real competition occur in our city, their markets. However it is in our best interests. I strongly encourage everyone to vote yes, on this question when the time comes. In the mean time, talk to your friends, neighbors, acquaintances, and your elected representatives, as you can be sure that Charter and Bellsouth will both be talking to theirs.

For some updated information see the Charter Sucks! article