march 12, 2009

THE RESEARCH REVIEWpublished by the Research Division of the Tennessee House of Representatives

THE HOUSE RESEARCH DIVISION320 6th AVE N. • RACHEL JACKSON BUILDING, 7th FLOOR • NASHVILLE, TN 37243

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03 | AGRICULTURE

03 | CHILDREN & FAMILY AFFAIRS

04 | COMMERCE

06 | CONSERVATION & ENVIRONMENT

07 | CONSUMER & EMPLOYEE AFFAIRS

07 | EDUCATION

09 | FINANCE, WAYS & MEANS

10 | GOVERNMENT OPERATIONS

11 | HEALTH & HUMAN RESOURCES

13 | JUDICIARY

16 | STATE & LOCAL GOVERNMENT

18 | TRANSPORTATION

DIRECTORDenise Sims

AGRICULTUREJeremy Maxwell

CHILDREN & FAMILY AFFAIRSAmelia Mitchell

COMMERCETodd A. Staley, Esq.

CONSERVATION & ENVIRONMENTJeremy Maxwell

CONSUMER & EMPLOYEE AFFAIRSLucy Wilson

EDUCATIONstaff

FINANCE, WAYS & MEANSJulie Travis, lead analystPatrick Boggs

GOVERNMENT OPERATIONSAmber Rice

HEALTH & HUMAN RESOURCESJudy Narramore

JUDICIARYJeffrey T. Malotte, Esq.

STATE & LOCAL GOVERMENTLawrence Hall, Jr.

TRANSPORTATIONJeremy L. Elrod

PHOTOGRAPHYJed DeKalbAndrew McMurtrieTheresa Montgomery

GRAPHIC DESIGN & LAYOUTJohn Newman

PRINTING SERVICESCapitol Print Shop

HOUSE RESEARCH DIVISION320 6th Avenue NorthRachel Jackson Building, 7th FloorNashville, TN 37243615.741.3025 -or-615.741.1100, ext. 44982

HOUSE RESEARCH DIVISION STAFF

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The THP mascot visits the Transportation Committee.

agricultureJeremy Maxwell

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The Agriculture Committee had one bill on notice andalso heard two presentations.

The following bill was deferred two weeks:HB 537 (Bell) as introduced, requires posting of signsstating that smoking is permitted in establishments,instead of signs stating that smoking is prohibited.

The committee heard from Joe Gaines, Department ofAgriculture, who spoke on producer diversification in theTennessee’s Agricultural Enhancement Program(TAEP). For every dollar of TAEP investment, itgenerates $4.64 for rural economies. This translates into$173 million into rural communities.

Industries participating in the producer diversificationprogram (FY 05-06 through FY 08-09):

Agritourism – 86 projects - $575,081Aquaculture – 11 projects - $50,576Honey Bees – 63 projects - $109,420Fruits and Vegetables – 101 projects - $429,657Organics – 31 projects - $175,896Horticulture – 146 projects - $785,111Value-added products – 33 projects - $190,608Viticulture – 83 projects - $499,503

Adam Hill, Department of Agriculture, gave apresentation on the current situation of prohibiting horseslaughter facilities in Tennessee and other states. In July2008, USDA Appropriations continued the prohibition onusing appropriated funds to inspect horses prior toslaughter for human food and prohibited the collection ofuser fees. Tennessee is one of five states that areproposing amending state laws to promote privateinvestment in plant development. HB 1361 deletespackaging and labeling requirements for horsemeat. Allhorse slaughter plants were ordered to close down. Thisleft the owners of an estimated 100,000 horses annuallyin the U.S. who are estimated to have an over $200million increased cost of dealing with unwanted horses.The estimated costs to maintain an unwanted horse is$2,200 annually. Horses are slaughtered when theirvalue as riding or working animals is low. Tennesseeranks second in the nation in terms of the number ofhorses.

children & family affairsAmelia Mitchell

The Children & Family Affairs Committee met onWednesday, March 11th and heard the following bills:

The following bill was passed to Calendar & Rules:

HB 805 by Rep. Campfield provides that a manproved by genetic testing not to be the father of child isnot liable for child support after receipt of the paternitytest.

The following bills were deferred one week:HB 804 by Rep. Campfield as amended permitsparents called to active military service that requiresthem to be out of state for more than 90 days to petitionthe court to assign their visitation rights during theirabsence to another person approved by the court.

HB 66 by Rep. Fincher removes a provision thatallows a court to dismiss a divorce or legal separationcomplaint because the complaint lacks requiredinformation.

commerceTodd A. Staley, Esq.

The Commerce Committee met on Tuesday toconsider three bills.

HB 1438 (Sargent) allows the Commissioner ofCommerce & Insurance to “approve” the assigned riskplan instead of “establishing” such plan. The bill simplymatches the law with the current practice of thedepartment.[passed to Calendar & Rules]

HB 595 (Coleman) cleans up some typographicalerrors in the Tennessee Condominium Act of 2008. Italso clarifies that a homeowner’s association can makeassessments to cover government mandates even if thedevelopment was established before January 1, 2009.[rolled for one week]

HB 971 (McCord) expands the definition of “all-terrainvehicle” in the Motorcycle and Off-Road Vehicle Act.The bill increases the weight and engine size to betterreflect the changes in the market of the vehicles beingsold today. An amendment was adopted to keep thecurrent statutory language of “low pressure tires”instead of “non-highway tires” as used in the original bill.[rolled for one week]

Next week the full committee will hear a presentationfrom Laurie Lee, Executive Director of BenefitsAdministration, Cover Tennessee.

Utilities and Banking Subcommittee

The Utilities and Banking Subcommittee met onTuesday to consider two bills.

HB 1698 (McCormick) would allow any incumbenttelephone service provider to operate under marketregulation instead of price regulation through theTennesseeRegulatory Authority.Current regulationsrequire AT&T to usea statutory formulaenacted in 1995 whiletheir competitors arenot bound by thesame regulations.TRA Director EddieRoberson estimatedthat this bill wouldallow AT&T to havestatewide flat ratesand offer morebundled servicessimilar to what theircompetitors currentlyoffer. Greg Mortonof AT&T testifiedthat AT&T’s competitors can now offer bundled serviceswithout regulation while AT&T is still bound by the 1995

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The Family JusticeSubcommittee meton Tuesday, March10th and deferred thefollowing bill oneweek:

HB 677 by Rep.Cooper authorizesindividuals whoprovide courtordered supervisedvisitation to seekmonetary relief fromthe court if a parentis unable to pay forthe specified visit. It

Rep. Cooper

requires both parents to share the cost of the supervisedvisit, unless one parent is found to be at fault by creatingthe need for the supervised visits.

The Domestic Relations Subcommittee did not meetthis week.

Rep. McCormick

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formula. The subcommittee also heard from CarolineRidley of TW Telecom. The bill was rolled for twoweeks to allow all parties to work on an amendment.[rolled for two weeks]

HB 738 (Mumpower)[rolled for two weeks]

Small Business Subcommittee

The Small Business Subcommittee met on Tuesdayto consider one bill.

HB 1375 (Johnson P) requires persons appointed toTennessee Home Inspection Advisory Committee to belicensed home inspectors and also to be from one of thefive associations of home inspectors. The bill was rolledfor one week while an amendment is being drafted.[rolled for one week]

Industrial ImpactSubcommittee

The IndustrialImpactSubcommittee meton Wednesday toconsider three bills.

HB 978 (McCord)would allow theBoard ofAccountancy toextend the time forcompleting theeducationrequirements morethan 200 days afterthe CPA exam if the

applicant shows good cause. Additionally, a student whotakes the CPA exam would be able to learn the resultsbefore graduation. This allows a student to takeadditional courses before retaking the exam. Anamendment was adopted that fixes a typographical errorin the current statute.[passed to full committee]

HB 475 (Fraley) would prohibit an insurance companyfrom using a person’s credit score to cancel, deny, orincrease premiums on homeowners and renters policies.Scott White of State Farm testified before thesubcommittee. Currently, a person’s credit may not bethe sole factor for approval or determining the premium,

but it can be among the15-20 other factors usedby the industry. If aperson has no credithistory, then it is treatedas a neutral factor. Theindustry believes thecredit score is animportant factor since ithas been shown thatcredit scores canindicate risk. Therewas some discussionfrom the committee onpossibly amending thebill to set a dollaramount on the creditinfraction before thecredit score can beused. The bill was rolled for three weeks to allow moreinformation to be collected.[rolled for three weeks]

HB 1553 (Montgomery)[taken off notice]

Rep. Johnson

Rep. Fraley

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conservation & environmentJeremy Maxwell

The Conservationand EnvironmentCommittee had nobills on notice, but itdid meet to hearpresentations by theDepartment ofEnvironment andConservation. Thedepartment hadreports required bystatute to present tothe committee.

T.C.A. 69-3-107(24)requires thecommissioner toprepare a report forthe protection of

watersheds and the control of pollution to assure futurequality of potable drinking water supplies throughout thestate.

Pursuant to T.C.A. 69-3-109, the department’s reportstated that 231 enforcement orders were issued includingcommissioner’s and the director’s orders in 2008. Onehundred, seventy-eight enforcement orders were notcontested and became final. The average civil penalty(including damages) associated with these orders is$6,359. The board approved and finalized 27 orders thathad previously been contested. The average civilpenalty (including damages) associated with these ordersis $32,500. Fifteen water quality cases were filed ineither chancery or general sessions court including 3complaints, 1 appeal and 11 collection cases.

The department received 734 individual permitapplications for activities authorized under T.C.A. 69-3-108. During 2008, the average length of time betweenthe date of individual permit application and the date thedepartment deems the application complete was 20 days.The length of time between the date of individual permitapplication and the date the department grants or deniesthe application was 87 days.

Public Chapter 1045 of 2008 required the commissionerto submit a report that includes a feasibility studyconcerning the development of an online subsurfacesewage disposal system permitting process. This study

also addressed the prospective application funding forthe establishment of the permitting process and otherrelevant issues.

Wildlife Subcommittee

The Wildlife Subcommittee met Tuesday to consider twobills.

HB 569 (Shepard) passed to full committee. This billauthorizes the Tennessee Wildlife Resources Agency toissue free sport hunting and fishing licenses toTennesseans who are100 percent disabledand receive socialsecurity benefits.

HB 958 (McCord)was deferred oneweek. Asintroduced, this billincreases from 30 to45 days the time inwhich person citedfor not wearingflotation device mustprovide proof of legalage; extends from 30to 45 days time forproving age may beextended atdiscretion of officer.The committee also heard from Ed Carter, the newTWRA Executive Director.

Parks Subcommittee

The Parks Subcommittee met Wednesday to considertwo bills.

The following bills were deferred two weeks:HB 1308 (Harmon)HB 2111 (Borchert)

Environment Subcommittee

The Environment Subcommittee did not meet this week.

Chairman McCord

Rep. Shepard

consumer & employee affairsLucy Wilson

House Consumer & Employee Affairs Committee didnot meet this week, nor did the two subcommittees,House Consumer Affairs Subcommittee, and HouseEmployee Affairs Subcommittee.

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educationstaff

The House Education Committee met Wednesday,March 11th with eight items on the agenda.

Sent to Calendar and Rules:HJR 0060 (Winningham) directs Education Oversightto review and make any necessary recommendations onthe current policy for allocating and distributing BEPteacher supply funds.Reports are to be made to both House and SenateEducation Committees in December.

HJR 0051 (Cooper) urges the Department ofEducation to promote the teaching of the history of thelabor movement in this country.

HJR 0015 (H. Brooks) directs Education Oversight tostudy the state’s system of funding publiceducation on the local level and consider providing localboards with fiscal independence.

Rolled to futuremeetings:HJR 0033 (Lollar)requires the stateboard to devise andimplement ways forLEAs to encouragehigh school studentsto complete at leastone application to aninstitution of highereducation.(one week)

HB 0248 (H.Brooks) permitscareer and technicalclasses to exceedclass size limits,provided that physical safety precautions are notrequired, that such classes do not impair instruction, andthat limits do not exceed that of academic classes ingrades 7-12. (two weeks)

HB 1107 (Maddox) requires public and private highereducation institutions to accept, in lieu of the MMRvaccination, the results derived from an antibody titertest as proof of immunization from measles, mumps andrubella. (six weeks)

HB 0921 (Eldridge) removes the restriction thatcommercial ads on school buses be in black and white.Two amendments were presented – the first makes thebill and allows ads to be in color, the second stipulatesthat ads cannot contain those products that childrencannot buy in school, such as certain foods or drinks.The amendments were not adopted; they will beaddressed at the next meeting. (one week)

Chairman Brooks, Vice Chair Winningham Rep. Lollar

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HB 0849 (Mumpower) authorizes human resourceagencies to apply for grants and implement statewide the“Mortal Kombat” intervention program. (one week)

Speakers:The full committee also heard from Finance andAdministration Commissioner Dave Goetz whopresented a brief update on stimulus funds as they willrelate to education.

K-12 Subcommittee

The K-12 Subcommittee met with 23 items on theagenda.

Heard and rolled 2 weeks:HB 0092 (Cobb J, Matheny) As introduced, allowsschool buses to be used up to 20 years of service,subject to annual safety inspections, by extendingpermissible, yearly waiver limit for their service life afterinitial 12 years of service from current three years to

eight years. Anamendment followsthe bill.

Heard and rolled 1week:HB 975 (McCord)As introduced,requires that TCAPtests be administeredby LEAs during five-day period betweenlast week of Marchand first three weeksof April each year.This bill will be firston the next K-12calendar.

Rolled 1 week:(The following rolled bills, as introduced, deal withcurriculum.)HB 0557 KelseyHB 0562 KelseyHB 0812 CampfieldHB 0821 CampfieldHB 0947 LynnHB 1213 ColeyHB 1371 KernellHB 1647 Jones UHB 0285 Coley

HB 0376 Coley

Rolled 2 weeks:HB 0967 FincherHB 1208 WinninghamHB 1388 HalfordHB 1493 Brooks HHB 1530 Sargent

Rolled 2 weeks:(The following bills, as introduced, deal with curriculum.)HB 0836 MooreHB0868 Brooks KHB 1364 Miller L

(The following bill, rolled 3 weeks, as introduced, dealswith curriculum.)HB 1441 Harwell

Moved to the heel of the last calendar:HB 0967 McCord

Taken off notice:HB 1866 Brown

Higher Education Subcommittee

The Higher Education Subcommittee met on Tuesday,March 10th and again on Wednesday, March 11th.

On Tuesday, the subcommittee had two bills on theagenda. HB 0678 (Cooper) was rolled until thesubcommittee considers its calendar of lottery bills. Thebill requires THEC’s annual report on lottery programsbe made to Education Oversight and adds the lotteryimplementation law to the authorizing laws for dispositionof lottery proceeds. HB 0401 (Fraley), a tuitiondiscount bill for children of retired teachers, was takenoff notice.

On both Tuesday and Wednesday, the Higher EducationSubcommittee heard presentations from the TennesseeLottery, and from officials from higher education. DavidWright, Chief Policy Officer with the Tennessee HigherEducation Commission (THEC), and Andy Davis, ChiefFinancial Officer with the Lottery Corporation spoke onTuesday on current and projected lottery disbursements.On Wednesday, Dr. Richard Rhoda, Executive Directorof THEC, Dr. Katie High, Chief of Staff for acting UTPresident Jan Simek, and David Gregory, ViceChancellor for Administration and Facilities with theTennessee Board of Regents spoke on the status ofhigher education.

Rep. Cobb

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finance, ways & meansJulie Travis & Patrick Boggs

The House Finance, Ways & Means Committee did nothave any bills on calendar, but still met on Tuesday,March 10, 2009 to hear a brief presentation by theDeputy to the Governor, John Morgan. DeputyGovernor Morgan spoke on the framework for theallocation of federal dollars to the state from the U.S.Economic Recovery Act and the administrative oversight

of those funds asrequired by thefederal government.

Mr. Morgan will beworking closely withMr. CharlesHarrison, who hasbeen designated asthe Special Assistantto the Governor forRecovery ActAdministration. Mr.Harrison will have amulti-agency teamincluding planningand policy staff in theDepartment ofFinance andAdministration, one

person from Finance & Administration’s Division ofAccounts, one person from the Office of InformationResources, and one person working fulltime on the teamfrom the Division of Budget, also from within Finance &Administration. This team will pair the specific budgetanalyst for each agency receiving stimulus dollars with aspecific point person within the agency. This is done sothat budget language may be written correctly tooptimize direction of the dollars when they start to floodin. Also, special, more discreet attention must be givento the tracking of these specific funds to ensureaccuracy and accountability in the disbursement of thesedollars. The Office of Information Resources isinvolved due to strict requirements for transparencyestablished by the federal government. The federalgovernment wants real time information about states’spending of these monies directly feeding into and postedon the federal recovery website: www.recovery.gov.

All Recovery Act funds are non-recurring funds; somefunds will come in two waves, but are still only one-timefunds. Some dollars expand existing programs, an

example of which would be Community DevelopmentBlock Grants. Of these existing programs, some alreadyhave formulas designed for their allotment; while otherprograms will require innovative ways to be designed forthe disbursement of funds. Other categories within theact enact completely new programs, where the state willhave the opportunity to design specific programs aroundthe availability of dollars, thus ensuring that these fundsare properly allocated within Tennessee and are notreverted back to the federal government forredistribution to other states. Most funds are earmarked,i.e., having specific directions as to where and how theymay be spent, while other funds do not. Mr. Morgantried to dispel any misconceptions of the final version ofthe legislation by stating that there is no funding categoryavailable for general projects for local or stategovernments.

The administration plans on using what discretionaryfunds are available to minimize immediate layoffs ofstate employees. The largest category where RecoveryAct dollars will arrive is the increase in the federalmatch rate for Medicaid. Education funds make up thesecond largest category of fiscal stabilization funding.The administration is also looking at innovative ways togo beyond current spending formulas in order to spendsome of the dollars, such as pairing with other states forinterstate transportation corridor development.

Budget SubcommitteeOn Wednesday, March 11, 2009, the BudgetSubcommittee of the House Finance, Ways, and MeansCommittee met with seven bills on its calendar.Subcommittee action on these bills are as follows:

Deferred for One Week:HB 509 (Coleman) – per sponsor’s request

Deferred for Two Weeks:HB 85 (Fraley) – per sponsor’s requestHB 111 (Bell) – committee roll (to keep both HB 85and 111 together)

Off Notice:HB 1290 (Casada) – per sponsor’s request

Referred to Full Committee:HB 213 (Harmon) – Highway sign bill: Designates thesegment of State Route 2 located in the Battle Creek

Dep. Gov. Morgan

The Government Operations Committee met onMarch 11th to consider fourteen bills.

HB 581 by Rep. Fincher was deferred for two weeks.HB 1095 by Rep. Lynn was deferred for one week.HB 1273 by Rep. Kernell was taken off notice.

The following Sunset bills were moved to a consentcalendar and passed out to Calendar and Rules. Thesebills are as follows.

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HB 1008 by Rep. Lynn- extends Advisory Council forEducation of Students with Disabilities to June 30, 2015.HB 1009 by Rep. Lynn- extends Advisory Council onTeacher Education and Certification to June 30, 2015.HB 1024 by Rep. Lynn- extends Department ofTourist Development to June 30, 2013.HB 1033 by Rep. Lynn- extends State TextbookCommission to June 30, 2014.HB 1041 by Rep. Lynn- extends Tennessee PublicTelevision Council to June 30, 2014.HB 1049 by Rep. Lynn- extends Film, Entertainment,and Music Commission to June 30, 2014.HB 1074 by Rep. Lynn- extends Cemetery AdvisoryBoard to June 30, 2011.HB 1088 by Rep. Lynn- extends Southern GrowthPolicies Board to June 30, 2015.HB 1101 by Rep. Lynn- extends James K. PolkMemorial Association to June 30, 2015.

The House committee also met in Joint Committee withthe Senate Government Operations committee toconclude the hearing of HB 1084 by Rep. Lynn (SB378 by Sen. Johnson) extending the Department ofSafety to June 30, 2010. After a brief discussion, amotion was made to amend the bill to extend the

government operationsAmber Rice

community of Marion County from the westerncorporate limits of the Town of Kimball to its intersectionwith I-24 at the Martin Springs exit as the Sheriff ErnestHaskew Memorial Highway and directs the Departmentof Transportation to manufacture and erect suitablesigns. The Transportation committee previouslyamended the bill to have a non-state funding source forthe bill. The Budget Subcommittee instead amended thebill to specify which local entity would pay for thesignage. In this case, it will be Marion County that willoversee the funding of this expenditure.

HB 216 (Harmon) – KIA Highway sign bill:Designates the segment of State Route 56 from thesouthern corporate limits of the City of Altamont to thenorthern corporate limits of the City of BeershebaSprings as the Deputy Anthony Shane Tate MemorialHighway and directs the Department of Transportationto manufacture and erect suitable signs. The

Transportation Committee previously amended the billrequiring funding in accordance with TCA §54-1-133, asDeputy Tate was killed in the line of duty while servingin Grundy County. The Budget Subcommittee amendedthe bill to correct a typographical error found within thebill.

HB 298 (Pitts) – Highway sign bill: Designates theroad known as “Dover Crossing” in the City ofClarksville in Montgomery County as the Charles‘Chuck’ Duncheskie Memorial Parkway and directs theDepartment of Transportation to erect suitable signs.The resulting appellation of the parkway being named forMr. Duncheskie is one for honorary purposes only andwill not require any addresses to be altered. The bill willtake effect only if the City of Clarksville remits theestimated cost of such signs to TDOT within one year ofthe effective date of the act.

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health & human resourcesJudy Narramore

The Health & Human Resources Committee metTuesday, March 10, 2009, with three bills on calendar.HB 0340 (Hensley) that changes from quarterly toannually the minimum number of times the Committeefor Clinical Perfusionists must meet was referred toFW&M. HB 1109 (Shepard) that grants the Directorof the Board of Pharmacy authority to issue subpoenasfor witnesses and records and to administer oaths towitnesses was referred to C&R. Rep. Moore renewedhis motion on HB 0093 as amended that revisesexisting statute to require nursing homes to have criminalbackground checks completed on direct careemployees prior to employment. After an extendeddiscussion of the proposed committee amendment thatwould define “direct care,” the committee rolled HB0093 two weeks for further review.

After completing the calendar, Commissioner DaveGoetz, Finance & Administration, gave a power pointpresentation on Tennessee’s eHealth Network.Commissioner Goetz concluded his remarks by stating

the reason for theeHealth Network isto improve thequality of care forTennesseans.

In other business,ChairmanArmstrongreminded committeemembers about thepublic hearing onlegislation related toreproductive healthscheduled forWednesday, March11th at 3:00 PM. Alllegislation on the

public hearing calendar will be on notice for therespective subcommittee meeting next week. Any time

remaining after the full committee meeting next Tuesday,March 17th, will be committed to a Public Health &Family Assistance Subcommittee meeting.

Professional Occupations Subcommittee

The Professional Occupations Subcommittee metTuesday morning, March 10, 2009, with four bills oncalendar, referring two to full committee. HB 0319(Jones S) states that the Department of Health willaccept information updating a physician or osteopathicphysician providerprofile if theinformation isreceived from eitherthe provider or theprovider’s medicalmalpractice carrier.The carrier mustattest in writing that itis the provider’smalpractice carrierthat has made thepayment and that thecarrier has confirmedin writing to theprovider that theinformation has beenreported to theDepartment to update the provider’s profile. HB 0462(Odom) creates a Class A misdemeanor offense for aperson (non-TennCare enrollee) who deceives or failsto disclose to a health care provider from whom theperson obtains a controlled substance or prescriptionfor a controlled substance the fact that the person hasreceived the same or similar controlled substance orprescription for the controlled substance from anotherprovider within the past 30 days; requires providerswho have good reason to believe a person has obtainedor attempts to obtain controlled substances in violationof this legislation to report such activity within three

Department of Safety an additional year to June 30,2011. This would give the Department a reasonableamount of time to correct the audit findings. The bill wasthen passed as amended to Calendar and Rules.

Chairman Armstrong

Rep. Jones

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business days to the local law enforcement agency; and,states providers acting in good faith to contact local lawenforcement would be immune from civil liability.Several subcommittee members asked Rep. Odom toconsider adding pharmacists to this bill. HB 0394(Fincher) was rolled 2 weeks at the request of thesponsor. HB 1495 (Maggart) was rolled one week atthe request of the sponsor.

Public Health & Family Assistance Subcommittee

The Public Health& FamilyAssistanceSubcommitteemeeting scheduledfor Tuesdayafternoon, March10th was canceled.Rep. Hensley tookHB 0547 off noticeand rolled HB 1828one week.

Health CareFacilitiesSubcommittee

The Health CareFacilities Subcommittee met Wednesday afternoon,March 11, 2009, with four bills on calendar, referring

two to fullcommittee. HB0702 (Brooks K) asamended exemptsfrom licensure by theDepartment ofMental Health &DevelopmentalDisabilities and theDepartment ofHuman Servicesfacilities operated bynonprofit entities thatprovide educationalservices to personsover 18 with mentalretardation and thatdo not receive state

or federal funds for providing such services. The verbalamendment adopted by the subcommittee willspecifically address that the state will assume no liabilityfor such facilities. HB 1877 (Richardson) as amendedclarifies that both current residents and new admissionsqualify for hospice care in an assisted-care living facilityand requires that hospice care be available 24/7pursuant to the patient’s hospice plan of care. HB0684 (Cooper) was rolled one week at the request ofthe sponsor. Rep. Fincher offered HB 1737, requesteda recess to hear from a representative of AARP, anddistributed an AARP report concerning Quality ofCare and Litigation in Tennessee Nursing Homes;the subcommittee then rolled HB 1737 two weeks.

Public Hearing before the Health & HumanResources Committee

The Health & Human Resources Committee held apublic hearing on legislation related toreproductive health on Wednesday afternoon, March11, 2009. Five House Joint Resolutions and 10 billswere on the hearing calendar: HJRs 0061 (Fincher),0066 (Maggart), 0088 (Curtiss), 0127 (Kelsey), 0132(Camper) and HBs 0025 (Hardaway), 0436 (Shipley),0445 (Maddox), 0638 (Maggart), 0807 (Campfield),0819 (Campfield), 0862 (Mumpower), 1586 (Curtiss),2106 (Fincher), 2204 (Maddox). Bill sponsors weregiven an opportunity to present their legislation andrespond to committee questions. In addition,proponents and opponents of the abortion legislation oncalendar were given an opportunity to address thecommittee. Lastly, as previously announced byChairman Armstrong, legislation on the public hearingcalendar will be on notice for the respectivesubcommittee meeting on March 17th or 18th.

Pub. Health Chair Hensley

Rep. Richardson

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The House Judiciary Committee (ChairmanColeman) met on Wednesday, March 11, 2009, with 20bills on calendar.

Presentations:Metro Nashville Police Chief Ronal Serpas and KnoxCounty District Attorney General Randy Nicholsaddressed the committee concerning their reasons forsupporting legislation which would move aggravatedrobbery from a Class B felony to a Class A felony.

Moved to Calendar & Rules:HB 0962 (Todd), as amended, allows a person with ahandgun carry permit to carry a firearm in restaurantsthat serve alcoholic beverages, except when therestaurant is age-restricted or between the hours of 11pm and 5 am. Amendment #1 rewrites the bill.

HB 0046 (Evans) prohibits the department of safety(or any department-approved handgun safety courseemployee) from requiring an applicant for a handguncarry permit to furnish any identifying informationconcerning any handgun the applicant owns orpossesses.

HB 0082 (Shaw), as amended, authorizes current andretired judges who possess a handgun carry permit tocarry a firearm under the same circumstances andconditions as law enforcement officers and correctionalofficers. Amendment #1 rewrites the bill.

HB 0815(Campfield) expandsthe offense of aiminga laser pointer orother device at a lawenforcement officerto include aiming atfirefighters,emergency medicaltechnicians, or otheremergency servicepersonnel.

HB 0390 (Fincher)permits handguncarry permit holdersto possess or carry aloaded rifle, loaded

judiciaryJeffrey T. Malotte, Esq.

shotgun, or loaded magazine or clip therefore while in amotor vehicle.

HB 0070 (Fincher), as amended, deletes thesubsection in the self-defense law providing that aperson is not justified in using deadly force to prevent orterminate the other’s trespass on real estate or unlawfulinterference with personal property. Amendment #1clarifies the language with respect to real estate andpersonal property.

HR 0018 (Coleman) approves the amendments andrevisions to the Rules of Civil Procedure concerning thediscovery of electronically stored information,promulgated by the Tennessee Supreme Court.

HB 1452 (Coleman), as amended, confers immunityfrom civil action upon a victim of a crime for thetestimony given at the offender’s parole hearing, unlesssuch testimony is intentionally false or defamatory.Amendment #1 makes grammatical changes only.

Moved to Finance, Ways & Means:HB 0351 (Hackworth) creates new Class D and Efelony offenses of assault on a law enforcement officer,and it creates a Class B felony offense of aggravatedassault on a lawenforcement officer.

HB 0582 (Fincher)broadens the offenseof second degreemurder to includeknowingly orintentionally throwingany object (including,but not limited to, arock) at, on, or intoany motor vehiclethat results in thedeath of another.

HB 0392 (Fincher)establishes a criminaloffense punishable astheft for intentionallymishandling pension funds. It also establishes a civilcause of action against the violator for reimbursement offunds and profits associated with such activity.Rep. Fincher

Rep. Hackworth

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HB 0063 (Fincher) enacts the “Tennessee Taxpayerand Citizen Protection Act.”

Moved to Government Operations:HB 0062 (Fincher), as amended, enacts the“Tennessee Immigration Compliance Act.” Amendment#1 states that if a jailer cannot determine the lawfulcitizenship status of an arrestee, then the jailer mustnotify (via fax or other appropriate means) the U.S.Department of Homeland Security

Rolled 1 week:HB 1665 (Todd).HB 0960 (Tindell).HB 0620 (Maggart).HJR 0032 (West).HB 0703 (Watson).HB 0959 (Bass).HB 0218 (Fincher).

The Civil Practice & Procedure Subcommittee(Chairman Kelsey) met on Tuesday, March 10, 2009with 12 bills on calendar.

Sent to the Judicial Council & Rolled to March 31,2009:HB 0676 (Cooper B) requires the AdministrativeOffice of the Courts to post signs in each courtroom inthe state that details a “Litigant’s Bill of Rights.”

HB 0680 (Cooper B) permits a person to video recordany public proceeding in a court of record. It alsorequires juvenile courts to video and audio record courtproceedings and to make those recordings available tothe parties for public proceedings or with the permissionof the court.

HB 0682 (Cooper B) requires the Court of theJudiciary to appoint a liaison to the General Assembly toreport on certain matters.

HB 1379 (Johnson P) allows a criminal court or clerkto convert a defendant’s unpaid fines, costs, and litigationtaxes at the time of the sentence expiration to a civiljudgment, and it allows the court to enter into anagreement with the defendant to perform communityservice work in lieu of payment of such fines, costs, andtaxes.

To the full Committee:HJR0004 (Hardaway), as amended, establishes aspecial joint legislative study committee to study issuesrelating to unsolved civil rights crimes. Amendment #1

removes the fiscalimpact by requiringthe special jointcommittee to meetonly on days whenthe GeneralAssembly hasscheduled a floorsession or on daysstanding committeesare scheduled tomeet.

HB 1451(Coleman) adds thecommittee of amedical grouppractice to thedefinition of amedical reviewcommittee.

HB 0069 (Fincher) prohibits a party in a divorceproceeding from testifying against the party’sincapacitated or mentally incompetent spouse.

Rolled:HB 0645 (Montgomery): 1 week.HB 1384 (Maggart): 1 week.HB 1576 (Johnson P): March 31st

Taken Off Notice:HB 1855 (Montgomery).HB 0012 (Kelsey)

The Criminal Practice & Procedure Subcommittee(Chairman Watson) met on Wednesday, March 11, 2009with 27 bills on calendar.

Moved to the full Committee:HB 0814 (Campfield), as amended, imposes criminalpenalties upon persons who have hepatitis B or C, andwho do not tell persons to whom it could be transmitted.Amendment #1 includes the language concerninghepatitis C.

HB 0748 (Montgomery) creates the Class Amisdemeanor offense of possessing a tool or devicedesigned to thwart a retail merchandise security device.

HB 0483 (Harwell), as amended, requires lawenforcement agencies to report a missing child to theNational Crime Information Center (NCIC) within twohours of receiving a missing child report. Senate

Rep. Hardaway

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Amendment #1 makes the bill: law enforcementagencies are to enter the information, or cause theinformation to be entered, into the database.

HB 0054 (Swafford) creates the Class A misdemeanoroffense of the act of an owner of intellectual propertyseizing property alleged to be counterfeit or imitation. Itpermits seizures by law enforcement officers ascurrently provided by law.

HB 0621(Maggart) providesthat a personconvicted of“indecent exposure”is required to registerwith the SexualOffender Registry(SOR) (regardless ofthe number ofconvictions) when thevictim of the offenseis less than 13 yearsof age.

HB 0626(Maggart), asamended, providesthat, in animal cruelty

prosecutions, if the defendant does not post a securitybond to pay for the expense of caring for the animal,then the animal is forfeited and the defendant loses allownership rights. Amendment #1 clarifies that thegovernmental agency to be involved is a certified animalcontrol agency.

HB 1820 (Maggart) permits the Tennessee Bureau ofInvestigation to digitize sex offender files and providesthat a digitized copy of the original is the same as theoriginal for all purposes, including its introduction intoevidence in a judicial or administrative proceeding.

HB 0623 (Maggart), as amended, establishes thevenue for a sex offender’s violation of supervision as thecounty where the offender was being supervised at thetime of the violation and permits the probation office tobe the affiant for purposes of obtaining an affidavit ofcomplaint. Senate Amendment #1 states that the venueto determine the violation may be at the discretion of thesupervising agency.

HB 0268 (Watson), as amended, clarifies that“victims” (rather than “petitioners”) are not required to

pay court costs andfees in theirapplication for ordersof protection.Amendment #1makes the bill.

HB 0284 (Watson),as amended, providesthat possession ofmore than 20 gramsof an immediatemethamphetamineprecursor within a30-day period isprima facie evidenceof the intent topromotemethamphetaminemanufacture.Amendment #1 makes the bill.

Rolled:HB 0314 (Matheny): 1 week.HB 0517 (Shaw): 2 weeks.HB 0520 (Shaw): 2 weeks.HB 1663 (Todd): 4 weeks.HB 0250 (Carr): 1 week.HB 0798 (Campfield): April 1st.HB 0823 (Campfield): April 1st.HB 0525 (Coley): 2 weeks.HB 0526 (Coley): 2 weeks.HB 1120 (Haynes): 1 week.HB 0584 (Fincher): 2 weeks.HB 1395 (Evans): April 1st.HB 1209 (Watson): 2 weeks.HB 0263 (Watson): 2 weeks.HB 0264 (Watson): 2 weeks.HB 0266 (Watson): 2 weeks.

Taken Off Notice:HB 1675 (Windle).

Rep. Maggart

Rep. Watson

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state & local governmentLawrence Hall, Jr.

This week in State and Local’s full committee, themembers considered 12 bills. Of those bills, 7 werepassed to Calendar and Rules and 2 were passed toFinance, Ways and Means.

Calendar andRules:

HB 278 by Fincher- designates “agate”as the official statemineral.

HB 580 by Fincher- designates “milk”as the official statebeverage.

HB 274 by Dean –This bill revisesarchaic languageprohibiting membersof the generalassembly and

practicing attorneys from being nominated,commissioned or serving as, sheriff and instead prohibitsa person from engaging in the practice of law or servingas a member of the general assembly while serving assheriff.

HB 402 byBorchert – AllowsHenry County toabolish the office ofconstable or removelaw enforcementpowers of constablesupon two-thirds voteof the local governingbody.

HB 533 by Rep.Dunn – This bill, asamended, deletes thesunset provisionestablished for thecomputerconferencing pilotproject in Knox

County. The bill also makes the provisions permissiblestatewide.

HB 643 by Rep. Montgomery – This bill expands theproperty tax exemption for low-cost housing to includecurrent tax-exempt property refinanced undercomparable federal grant programs, provided theproperty continues to meet specific criteria for suchprograms.

HB 1168 by Ramsey – This bill clarifies that a memberof the county legislative body does not have to resignmembership as a commissioner to be nominated forcertain offices or vacancies that are required to be filledby the county legislative body.

Finance, Ways and Means:

HB 1211 by Eldridge – This bill clarifies the definitionof the term “project” as it relates to central businessimprovement districts.

HB 1477 by Montgomery – Designates the TBIheadquarters in Nashville as the “Arzo Carson TBI StateOffice Building.”

Rolled Bills:HB 443 by Borchert – 2 weeksHB 563 by Kelsey – 2 weeksHB 1391 by Tindell – 1 week

State Government Subcommittee

This week in State Government Subcommittee, therewere 11 bills on the calendar and three were passed tofull committee. All other bills were deferred to a latercalendar.

Full Committee:

HB 1653 by Armstrong - Authorizes former membersof the general assembly to retain their legislativeelectronic mail accounts for up to one year from the lastofficial day of service.

HB 305 by Sargent – This bill revises exemptions fromobtaining continuing education and filing requirements forprofessional planners whose duties include advisingplanning commission or boards of zoning appeals if such

Chairman Todd

Rep. Borchert

planners are members of the American Institute ofCertified Planners.

HR 30 by Tindell - Approves 2009-2010 501(c)(3)annual events by the house of representatives.

Rolled Bills:HB 38 by Hardaway – 2 weeksHB 129 by Hardaway – 2 weeksHB 204 by Matheny – 1 weekHB 813 by Campfield – 1 weekHB 23 by Hardaway – Off NoticeHB 1850 by Dunn – 1 weekHJR 5 by Hardaway – 2 weeksHB 395 by Fincher – 2 weeks

Local Government Subcommittee

This week in Local Government Subcommittee, therewere 17 bills on the calendar. The following 11 bills werepassed to full committee:

HB 273 by Dean – This bill clarifies that any provisionof law or charter provision that requires a county ormunicipality to sell surplus property by public auction willalso includes sale by Internet auction.

HB 347 by Hackworth - Authorizes a city or county toconduct a criminal background check on an applicant for

a beer permit.

HB 225 by Casada- This bill modifiescertain public noticerequirementspertaining to regionalplanning andmunicipal planning.

HB 956 byMcCord - Specifiesthat a localgovernment entity isauthorized to conductpublic works projectsin the territory ofanother localgovernment in orderto perform

maintenance or make improvements to its existing publicworks system.

HB 2043 by McCord – This adds East Fork Stables inFentress County to the definition of premier type touristresort.

HB 1357 by Carr - Allows municipalities to take aspecial census at their own expense any time betweenthe regular decennial federal censuses.

HB 291 by Sargent – This bill expands the powers ofthe Greater Nashville regional council to include owningor leasing real and personal property as necessary tofulfill the duties and responsibilities of the regionalcouncil.

HB 304 by Sargent – This bill deletes the currentexemption for compliance with platting regulations forthe division and plats of land partitioned by the ownersamong themselves either in court or by deeds.

HB 1177 by Sargent - Specifies that if spouses file ajoint federal income tax return the income of a propertyowner’s spouse is attributable to the property owner forpurposes of determining whether the property is eligiblefor property tax relief for elderly or disabledhomeowners.

HB 306 by Sargent - Revises the time frame for theapproval or disapproval of a plat by the municipalplanning commission.

HB 307 by Sargent - Allows platting regulations toprovide for an assessment or other method for certainimprovements to be provided by the appropriategovernmental entity at cost to owners of the property ina subdivision, instead of completion of work prior to finalapproval of a plat.

Rolled Bills:HB 1549 by Casada – 1 weekHB 1160 by Fraley – 1 weekHB 1609 by Litz – 1 weekHB 108 by Lundberg – 2 weeksHB 309 by Sargent – Annexation Special CalendarHB 310 by Sargent – 3 weeks

Elections Subcommittee did not meet this week.

Rep. Casada

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transportationJeremy L. Elrod

The HouseTransportationCommitteeconvened March 10,2009. There wereeight bills on thecalendar.

HB1 (J. Cobb) waspassed by thecommittee andreferred to theCalendar andRules Committee.It changes thenumber and type ofpilot projectspermissible underTennessee TollwayAct to allow: (1) a

single highway project and single major bridge project,(2) two highway projects or (3) two major bridgeprojects.

The following bills were passed by the committee andreferred to the Finance, Ways and MeansCommittee:HB294 (Bone) – “1st Lt. Frank B. Walkup, IVMemorial Bridge,” SR 145 in Cannon County.HB343 (Bone) – “Howell Wayne Burns MemorialBridge” signs on a bridge over Goose Creek on StateRoute 141 in Metropolitan Hartsville and TrousdaleCounty.HB440 (McDaniel) – “Joe ‘Buddy’ Bailey MemorialBridge” signs on a bridge on State Route 227 in WayneCounty. An amendment was adopted to require thesigns be paid for by non-state funds.HB470 (Shepard) – “William Fiser Memorial Bridge”signs on a bridge over Big Barton’s Creek on StateRoute 48 in Dickson County.HB75 (Shepard) – “Lance Corporal Jeffrey AdamBishop Memorial Highway” highway signs on a segmentof U.S. 70 in Dickson County.HB1463 (Casada) – “Sam Cliff Smithson, Sr.Memorial Highway” highway signs on segment of U.S.Highway 431 in Williamson County.HB1272 (Maggart) – Names portion of road betweenTennessee fire service and codes enforcement academy

administration building and the academy’s fire station the“Helen J. Brown Boulevard.”

After the completion of the calendar, the committeeheard a presentation by the Department of SafetyCommissioner Dave Mitchell. He gave an overview ofand updates on many of the department’s programsinitiatives.

Rural Roads Subcommittee

The Rural Roads Subcommittee met March 10, 2009to consider 17 bills.

The following bills were passed by the committee andreferred to the full Transportation Committee:HB1494 (Hensley) – “Bobby James Killen MemorialBridge” signs for a bridge on State Route 227 inLawrence County.HB16 (Swafford) – “Vietnam War Memorial Highway”highway signs on a segment of I-40 in CumberlandCounty.HB453 (McDonald) – “Cora Cline MemorialHighway” highway signs on a segment of State Route174 in Sumner County.HB372 (Ford) – “James Lesley Isenberg MemorialBridge” signs for a bridge over Cedar Creek on StateRoute 75.HB1929 (Ford) – “Bob Good Memorial Bridge” signsfor a bridge at the Interstate 26 and State Route 381interchange in Washington County.HJR78 (Winningham) – “Richard Noe Bridge” signsfor a bridge on I-75 in Anderson County.HB336 (Carr) – “Thomas Hutchinson Bridge” signsfor a bridge on U.S. Highway 231 in Rutherford County.HB415 (Windle) – Directs TDOT to install flashingcaution traffic signals at the intersection of State Route111 and State Route 293 in Overton County. Thesponsor agreed with the committee to hold the bill in thefull Transportation Committee, pending the completion ofa study of this intersection.HB1581 (Matheny) – “Bob Couch Highway” highwaysigns on a segment of U.S. Highway 41A in CoffeeCounty.HB487 (Tidwell) – “Corporal David CarrollWestbrooks Memorial Highway” highway signs on asegment of S.R. 13 in Perry County.HB488 (Tidwell) – “Veterans Memorial Highway”highway signs on a segment of U.S. 412.

Chairman Harmon

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HB491 (Tidwell) – “Sheriff Elmer Garner MemorialBridge” signs for a bridge on S.R. 13 in Perry County.HB602 (Tidwell) – Designates a bridge on UnitedStates Highway 412 in Maury County the “Jack andFlorence Cecil Memorial Bridge.”HB1934 (Tidwell) – “Dr. Gordon Turner MemorialHighway” highway signs on a segment of State Route13 in Perry County.HB2375 (McCord) – Designates a portion of U.S.Highway 441 (Newfound Gap Road) in Sevier Countyas scenic highway.HB1128 (Matheny) was held on the desk.HB562 (Kelsey) failed by a vote of the committee.

Public Safety Subcommittee

The Public Safety & Rural Roads Subcommitteemet March 10, 2009 to consider 13 bills.

HB18 (Swafford), HB685 (Cooper) and HB886(Cooper) were rolled for one week.HB1511 (Todd) and HB107 (Lundberg) were rolledfor two weeks.

The following bills were passed by the committee andreferred to the full Transportation Committee:

HB366 (Matheny) – Authorizes issuance of newspecialty earmarked license plates for Tennessee Off-Highway Vehicle Association. The bill earmarksproceeds from such plates for such organization.HB576 (Eldridge) – Authorizes issuance of a newspecialty earmarked license plate for United Way. Thebill allocates revenue from sale of such plates to theUnited Way of Tennessee.HB1624 (McCord) – Exempts from the definition ofheliport in a tourist resort county, land on privateproperty used for landing a privately owned and operatedhelicopter for private purposes on a limited basis whichis never used by or for commercial helicopter touring.

HB1116 (Dean) – Creates new specialty earmarkedplate for national Fraternal Order of Police members.An amendment was adopted to allow for a motorcycleFOP plate.HB985 (McManus) – As amended, allows owners ofantique motor vehicles to drive their antiques vehicles onpublic highways for the purpose of selling, testing theoperation of, or obtaining repairs to or maintenance onthe vehicle.HB1187 (Matlock) – Broadens prohibitions on windowtinting to any motor vehicle operated on public highway,rather than only to those registered in Tennessee. Thebill has an exemption for motor vehicles registered inanother state that comply with requirements of suchstate.HB384 (Ford) – Extends application deadline forAppalachian Trail new specialty license plate until June30, 2010.HB2006 (McDonald) – Authorizes issuance of culturallicense plates for University of Illinois.

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