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
As enacted, revises definitions of “adult” and “imminent danger” in the adult protection statute. – Amends TCA Title 71, Chapter 6.
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
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.
As enacted, creates Class A misdemeanor offense for unauthorized dissemination of autopsy materials. – Amends TCA Title 38 and Title 39.
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
As introduced, establishes the “Tennessee state museum commission.” – Amends TCA Title 4.
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.
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.
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.
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
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
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
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.
As introduced, enacts the “Uniform Debt Management Services Act.” – Amends TCA Title 47.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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. –
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.
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.
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.
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.
As introduced, modifies certain statutory provisions pertaining to certain types of theft. – Amends TCA Title 39, Chapter 14, Part 1.
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.
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.
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.
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.
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.
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. –
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.
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.
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
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.
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
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
As introduced, revises the Neighborhood Preservation Act. – Amends TCA Title 13, Chapter 6.
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).
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.
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.
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.
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.
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. –
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.
As enacted, renames or corrects the names of certain community colleges. – Amends TCA Title 49.
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).
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.
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
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
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
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.
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
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
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
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
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
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
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
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
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
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
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.
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.
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
As introduced, limits tort liability of agritourism professionals under certain circumstances. – Amends TCA Title 43 and Title 70, Chapter 7.
As enacted, requires county mayors to administer certain funds for litter control programs. – Amends TCA Section 39-14-510.
Local Education Agency
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
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.
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.
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.
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.
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
As enacted, revises provisions concerning manufactured homes affixed to real property including cancellation of certificate of title. – Amends TCA Section 55-3-138.
As enacted, prohibits sending or reading text messages while operating a motor vehicle; provides certain exceptions. – Amends TCA Title 55.
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. –
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.
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
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.
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.
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
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
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. –
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
As introduced, removes the Class B misdemeanor offense of practicing naturopathy. – Amends TCA Section 63-6-205.
Probation and Parole
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
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
As introduced, revises various provisions involving the practice of polysomnography. – Amends TCA Title 63, Chapter 31, Part 1.
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.
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.
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.
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.
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
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.
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.
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.
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
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
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).
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
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. –
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
As enacted, extends provisions regarding dismissal of tenured teacher in Davidson County to also apply in Shelby County. – Amends TCA Title 49, Chapter 5.
As enacted, creates a 2-1-1 advisory council. – Amends TCA Section 65-4-117(b).
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
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
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
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.
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
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.
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.
As enacted, authorizes veterans to request removal of their social security numbers from war records. – Amends TCA Title 4; Title 10 and Title 58.
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.
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.
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. –
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. –
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.