ALCOHOLIC BEVERAGES |
SB 2959*
HB 3516
(Full Text) |
Direct shipper license for wine shipments to TN residents. Creates
direct shipper license to be issued through the alcoholic beverage
commission. The license will 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. Sets out specific requirements for licensing
including a $300 licensing fee. Limits the amount of wine that can be
shipped annually to each purchaser. (S: Ketron; H: Jones U.) Senate Status: Taken off notice in Senate State & Local Government 03/11/2008.
House Status: Referred to House Local Government Subcommittee.
|
SB 2996*
HB 4161
(Full Text) |
Furnishing of alcoholic beverages to persons under 21. Extends
coverage of the dram shop act where alcoholic beverages or beer were
furnished to a person known to be under the age of 21 or furnished to
an obviously intoxicated person. Current law only applies to the
selling of alcoholic beverages or beer to such persons. (S: Herron; H:
Fincher) Senate Status: Referred to Senate State & Local Government.
House Status: Introduced 1/31/2008
|
BANKING & CREDIT |
SB 1562*
HB 2133
(Full Text) |
Sanctions against deferred presentment services. Specifies that
deferred presentment establishments have 30 days to appeal sanctions
imposed against them by commissioner of financial institutions. Also
specifies that no civil penalties are due until the 30-day period has
expired and no appeal has been filed. Permits commissioner to suspend
the operation of a licensee until the civil penalty is satisfied in
full. (S: Herron; H: Fitzhugh) Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Taken off notice in House Utilities, Banking & Small Business Subcommittee 04/24/2007.
|
SB 1583*
HB 2149
(Full Text) |
Title pledge fees and payments. Lowers the maximum amount a
title pledge lender may charge from 20 to 15 percent of the original
principal amount of the title pledge agreement or property pledge
agreement. Requires pledgor to begin making principal reduction
payments at the first rather than the third renewal. Prohibits act of
deferring the principal payment three times or more to reduce the
amount of required principal reduction payments. (S: Herron; H:
Curtiss) Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture 04/24/2007.
House Status: Taken off notice in House Utilities, Banking & Small Business Subcommittee 04/08/2008.
|
SB 1712*
HB 2131
(Full Text) |
Mortgage lending practices - prepayment penalties. Requires all
loans for residential real property to be closed only in the office of
the lender or the agent of the lender. Prohibits prepayment penalties
included in a loan of $100,000 or less for home improvement to an
owner-occupied residence where such residence is the collateral for the
loan from extending beyond the first 24 months. (S: Herron; H:
Fitzhugh) Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Taken off notice in House Utilities, Banking & Small Business Subcommittee 04/24/2007.
|
SB 1854*
HB 1673
(Full Text) |
Bills in equity. Increases to from 30 to 45 days the time period
in which a bill in equity must be filed to execute lien from the return
of execution unsatisfied. (S: Black; H: Brooks, Harry) Senate Status: Referred to Senate Judiciary.
House Status: Caption bill held on House clerk's desk.
|
SB 2674*
HB 3041
(Full Text) |
Credit card penalty fee limit. Limits to no more than seven
percentage points above account's interest rate the penalty rate that a
credit card state bank may charge a cardholder. Specifies an interest
rate increase is applicable only to transactions made on or after date
of rate increase. (S: Jackson; H: Sontany) Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Referred to House Utilities, Banking & Small Business Subcommittee.
|
SB 2943*
HB 3460
(Full Text) |
Epidemic - demand, notice and protest on negotiable paper. Decreases
the time period for entering demand, notice, and protest on negotiable
paper following a declared epidemic from within 15 days of cessation of
epidemic to within 10 days of cessation of epidemic. Broadly captioned.
(S: Haynes; H: West) Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture 03/11/2008.
House Status: Caption bill held on House clerk's desk.
|
SB 3251
HB 3133*
(Full Text) |
Foreclosure consultants. Defines "foreclosure consultants" and
requires them to provide homeowners with certain contracts. Attempts to
limit fraudulent acts by unscrupulous persons upon homeowners in
financial crisis. (S: Bunch; H: Matheny) Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Caption bill held on House clerk's desk.
|
SB 3337*
HB 3748
(Full Text)
Public Chapter (PDF)
|
Notice of foreclosure. Permits notice of foreclosure to be sent
to debtor at address designated by debtor in any loan document,
correspondence, or information from the creditor, and if none, then
last known address. Also allows notice of foreclosure to be sent to
debtor at location of the property unless property is vacant,
commercial or debtor has designated different address. (S: Southerland;
H: Curtiss)
House Co-Sponsors: Pinion; Harmon; McCormick;
Fincher House amendment 1 states that notice of foreclosure be sent to
debtor at the mailing address of the property, the last known mailing
address or any mailing address specifically designated by the debtor.
Requires such designation be made in writing. Senate Status: Senate passed 03/27/2008.
House Status: House 03/13/2008 passed with amendment 1.
Other Status: Enacted as Public Chapter 0743 (effective 04/10/2008).
|
SB 3413*
HB 3613
(Full Text)
Public Chapter (PDF)
|
Sale of abandoned property in safe deposit box. Authorizes sale
of abandoned property in safe deposit box by method approved by
commissioner of financial institutions or state treasurer or under UCC.
Updates statutory citation concerning sales under UCC. (S: Johnson J.;
H: Cobb C.)
House Co-Sponsors: Hackworth; Gilmore; Hawk;
Sargent Senate amendment 1 deletes reference to state treasurer, thus
removing original bill's authorization to sell abandoned property in a
safe deposit box by a method approved by the state treasurer. Under
this amendment, abandoned property in a safe deposit box may be sold in
a manner authorized by the commissioner of financial institutions or
pursuant to the Uniform Commercial Code. Senate Status: Senate 02/11/2008 passed with amendment 1.
House Status: House passed 03/17/2008.
Other Status: Enacted as Public Chapter 0677 (effective 04/01/2008).
|
SB 3546
HB 3258*
(Full Text) |
Cashing of fraudulent checks or bank drafts. Prohibits a
financial institution from recovering funds paid to a customer who
cashed a fraudulent check or bank draft drawn against a non-existent
bank account. (S: Finney L.; H: Shaw) Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Taken off notice in House Utilities, Banking & Small Business Subcommittee 04/08/2008.
|
SB 3676*
(Full Text) |
Secured transactions - broad safe harbor. Revises law to require
proof of identification of the debtor in a financing statement.
Identification may be in the form of a state-issued driver's license or
identification card issued in lieu of a driver's license; birth
certificate; passport; social security card or government-issued
military identification card. Adds requirement of identification of
debtor's name in case of record filed or recorded in the filing office.
(S: Bunch) Senate Status: Withdrawn in Senate 03/17/2008.
|
SB 3732*
HB 3734
(Full Text)
Public Chapter (PDF)
|
Modifications to secured transactions under UCC. Revises law to
require proof of identification of the debtor in a financing statement.
Identification may be in the form of a state-issued driver's license or
identification card issued in lieu of a driver's license; birth
certificate; passport; social security card or government-issued
military identification card. Adds requirement of identification of
debtor's name in case of record filed or recorded in the filing office.
(S: Bunch; H: Fincher)
House Co-Sponsors: Sontany; Fitzhugh; Eldridge; Matlock
Senate Status: Senate passed 03/10/2008.
House Status: House passed 03/13/2008.
Other Status: Enacted as Public Chapter 0648 (effective 05/01/2008).
|
SB 4160
HB 4116*
(Full Text)
Public Chapter (PDF)
|
Requirements for mortgage lenders, mortgage loan brokers. Requires
applicants for a license as a mortgage lender, mortgage loan broker,
mortgage loan servicer, or mortgage loan originator to complete an
educational training course. Also requires such applicants to consent
to a criminal background check and to provide a set of fingerprints
with the application. Authorizes commissioner of financial institutions
to deny licensure to an applicant who refuses to consent to the
criminal background check. Revises other licensure requirements.
Authorizes participation in multi-state automated licensing system.
(Part of Administration Package.) (S: Kyle; H: Cobb C.)
Senate Co-Sponsors: Berke; Haynes
House Co-Sponsors:
Odom; Curtiss; Hardaway; Shepard; Fitzhugh; Pitts Senate amendment 1
corrects two typographical errors and clarifies that the commissioner
will be authorized, not required, to determine annual continuing
education requirements for registrants and
licensees. Senate Status: Senate 03/17/2008 passed with amendment 1.
House Status: House passed 04/14/2008.
Other Status: Enacted as Public Chapter 0821 (effective 04/29/2008).
|
SB 4231
HB 3457*
(Full Text) |
Identification used for opening a bank account. Limits
identification acceptable for opening an account with a financial
institution within the jurisdiction of the department. The only
acceptable forms of ID are drivers license, passport, an ID issued by
U.S. Department of Homeland Security, or a combination of social
security card and a federal or state photo identification card. (S:
Finney L.; H: Litz) Senate Status: Held in Senate Delayed Bills Committee 03/24/2008.
House Status: Referred to House Utilities, Banking & Small Business Subcommittee.
|
HB 2062*
(Full Text) |
Crediting of electronic presentments. Requires payor bank to
credit any electronic presentments to a customer's account before
processing a debit against that account on the same business day. (H:
Kernell) House Status: Referred to House Commerce Utilities & Banking Subcommittee.
|
CAMPAIGNS & LOBBYING |
SB 0227*
HB 0938
(Full Text) |
Photo ID required to vote. Requires a voter to present
photographic identification before voting. Specifies identification
that is acceptable including driver license and passport. Allows voters
without proper identification to cast provisional ballots. (S: Ketron;
H: Maggart)
House Co-Sponsors: Lynn; Swafford; DuBois;
Watson; Gresham; Eldridge; Brooks, Kevin; Cobb J.; Floyd; Johnson P.;
Coley Senate amendment 1 corrects a drafting error. Senate Status: Senate 04/16/2007 passed with amendment 1.
House Status: House Elections Subcommittee referred to TACIR.
|
SB 0346*
HB 1780
(Full Text) |
Multicandidate political campaign committee contributions. Prohibits
contributions between multicandidate political campaign committees.
Exempts from this prohibition any political campaign committees
controlled by a political party or by a caucus of such political party
established by members of the general assembly. (S: Kyle; H: Jones U.) Senate Status: Referred to Senate State & Local Government.
House Status: Referred to House Elections Subcommittee.
|
SB 0476*
HB 1511
(Full Text) |
Filing of employer disclosure report. Requires each employer of
a lobbyist to file an employer disclosure report with the Tennessee
ethics commission within 45 days following the conclusion of the
six-month periods ending June 30 and December 31. Current law specifies
the conclusion of the six-month periods ending March 31 and September
30. (S: Tracy; H: Tindell) Senate Status: Referred to Senate State & Local Government.
House Status: Referred to House Local Government Subcommittee.
|
SB 0539*
HB 0566
(Full Text) |
Popular election of judges. Establishes methods for popular
election of TN Supreme Court justices, TN Court of Appeals judges, TN
Court of Criminal Appeals judges, chancellors, circuit judges, and
judges of special courts. Enacts "TN Judicial Public Campaign Financing
Act," which establishes TN judicial election fund to fund candidates
with a sufficient number of qualifying contributions from registered
voters who accept fundraising and spending limits (16 pp.). (S:
Jackson; H: Harwell)
Judicial Council comment: legislation
would negate the goal of the Tennessee plan to lessen the impact of
partisan politics on the judicial selection process. Further, holding
elections by grand division causes several concerns including: federal
constitutional Baker v. Carr equal protection issue relating to the
population differences between grand divisions being represented by the
same number of judges on the appellate courts; and, a federal voting
rights act issue relating to electing
judges who exercise state wide jurisdiction in an election that is not
open to state wide election. The bill would also eliminate the merit
selection and retention processes for judicial office. The Judicial
Council noted that thirty states have adopted judicial merit selection
and/or retention processes and that no state that has adopted such
process has ever reverted back to a general popular election process of
judicial selection. In addition, the merit selection/retention process
has statistically allowed for greater selection and retention of
minority candidates to the judiciary. While this legislation provides
for the public financing of elections of appellate court judges,
judicial candidates can opt out of the public financing process. The
Council noted a free speech issue which would require candidates to be
able to opt out of the public financing process.
Senate Status: Senate Judiciary deferred to January 2008.
House Status: Referred to House Government Operations.
Other Status: Tennessee Judicial Council reviewed 03/22/2007 with comment.
|
SB 0892*
HB 0962
(Full Text) |
Election finance complaints - hearing postponements. Prohibits
any action being taken on a complaint filed against a candidate within
the 30 days prior to the election. Requires registry of election
finance to postpone hearing until after the election with candidate
having the option of waiving the postponement. (S: Ketron; H: Casada) Senate Status: Re-referred to Senate Calendar Committee 04/19/2007.
House Status: Referred to House Elections Subcommittee.
|
SB 0908*
HB 0963
(Full Text) |
Commission of ethics and election finance. Combines the registry
of election finance and the Tennessee ethics commission into the
commission of ethics and election finance. (S: Ketron; H: Casada) Senate Status: Taken off notice in Senate State & Local Government 03/04/2008.
House Status: Referred to House Government Operations.
|
SB 0913*
HB 1393
(Full Text) |
Campaign contributions. Amends law to permit family members of
registry of election finance and ethics commission staff members to
make campaign contributions. Clarifies that registry of election
finance has jurisdiction over campaign contributions made by employers
of lobbyists. (S: Ketron; H: Jones U.) Senate Status: Referred to Senate State & Local Government.
House Status: Referred to House State Government Subcommittee.
|
SB 0914*
HB 1394
(Full Text) |
Campaign contributions. Allows families of deceased candidates
to donate unexpended election funds to any institution of public or
private education in the state, for the purpose of supplementing the
funds of an existing scholarship trust or program. Also allows a staff
member of the registry of election finance and such person's family to
make campaign contributions. (S: Ketron; H: Jones U.) Senate Status: Referred to Senate State & Local Government.
House Status: Referred to House State Government Subcommittee.
|
SB 0951
HB 0480*
(Full Text) |
Expands definition of lobbyist. Designates that any person
communicating on behalf of a school board, municipal utility, utility
district, or any department, agency or entity of state, county or
municipal government is a lobbyist. (S: Harper; H: Moore) Senate Status: Referred to Senate State & Local Government.
House Status: Taken off notice in House State Government Subcommittee 02/27/2007.
|
SB 1261*
HB 1880
(Full Text) |
Voter registration, judicial retention questions on ballot. Requires
applications for voter registration to be accepted and processed
through the 29th day before election if the 30th day falls on Sunday.
Specifies that this provision extends the deadline for applications for
registration completed at the county election commission office as well
as the deadline for having a by-mail registration form postmarked.
Requires pollwatchers to be 17 years of age by election day. Places
retention question for judicial offices at the end of the ballot. (S:
Burchett; H: Overbey) Senate Status: Taken off notice in Senate State & Local Government 03/20/2007.
House Status: Referred to House Elections Subcommittee.
|
SB 1282
HB 0274*
(Full Text) |
Campaign contributions by employees of TN Ethics Commission. Limits
prohibition on employees of the Tennessee ethics commission, including
the executive director, from making campaign contributions to
candidates for local and public office. Also limits prohibition on
members of the Tennessee ethics commission from allowing the member's
name to be used in the campaign of or making campaign contributions to
candidates for state and local office. (S: Burchett; H: Sargent)
House Co-Sponsor: Williams K.
Senate Status: Senate State & Local Government 04/03/2007 recommended. Sent to Calendar Committee.
House Status: Taken off notice in House State & Local Government 05/22/2007.
|
SB 1639
HB 1131*
(Full Text) |
Lobbyist and employer of lobbyist annual registration fees. Requires lobbyist and employer of lobbyist annual registration fees to be no less than $50.00. (S: Jackson; H: Buck)
Senate Status: Referred to Senate State & Local Government.
House Status: Caption bill held on House clerk's desk.
|
SB 2039
HB 1939*
(Full Text) |
Financial disclosure - elections. Requires any candidate,
political campaign committee or political party that discovers a
contribution was made from fund illegally obtained by the contributor
to refund such contribution to the rightful owner. Creates Class B
misdemeanor for payment of funds to a person in exchange for
endorsement. (S: McNally; H: Dunn) Senate Status: Senate State & Local Government deferred to 04/17/2007.
House Status: Taken off notice in House Elections Subcommittee 03/13/2007.
|
SB 2148
HB 2140*
(Full Text) |
Requires certain persons to register as lobbyists. Requires
persons who receive more than $3,000 for reimbursement for actual
out-of-pocket expenses to register as a lobbyist. (S: Kilby; H: DeBerry
L.) Senate Status: Referred to Senate State & Local Government.
House Status: Referred to House State Government Subcommittee.
|
SB 2149
HB 1891*
(Full Text) |
Ethics requirements. Requires ethics commission to employ at
least two attorneys at all times. Permits family members of staff
persons of the registry of election finance and ethics commission to
make campaign contributions. Clarifies that registry of election
finance has jurisdiction over campaign contributions made by employers
of lobbyists. (S: Kilby; H: Tindell) Senate Status: Referred to Senate State & Local Government.
House Status: Referred to House State Government Subcommittee.
|
SB 2905*
HB 2946
(Full Text) |
Testimony in court admitting campaign violations. Requires the
registry of campaign finance or the ethics commission to conduct an
investigation if testimony is presented in a court of law to the effect
that certain violations occurred that are within the enforcement
jurisdiction of the registry or the commission. (S: Stanley; H: Lynn) Senate Status: Taken off notice in Senate State & Local Government 03/04/2008.
House Status: Taken off notice in House Local Government Subcommittee 02/27/2008.
|
SB 3163*
HB 3061
(Full Text) |
Voter rights for persons convicted of a felony. Clarifies the
length of time a conviction of a felony is effective that renders a
person infamous and unable to exercise suffrage. (S: Stanley; H: Watson
E.) Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Criminal Practice Subcommittee.
|
SB 3595*
HB 3753
(Full Text) |
Waiving of registration fee for certain lobbyists. Waives
registration fee for certain lobbyists who receive as compensation for
lobbying only reimbursement for actual out-of-pocket personal expenses
who receive such reimbursement for more than ten days per year. (S:
Burchett; H: Todd)
House Co-Sponsors: Rinks; Favors House
State & Local Government amendment 1, as amended, adds language to
prohibit anyone other than ethics commission members or an ethics
commission staff attorney from giving an advisory opinion, informal or
otherwise. Allows a staff attorney to give an informal opinion over the
phone but specifies that the informal oral opinion must be confirmed by
written statement sent to the person seeking the opinion. Requires that
commission members only issue formal advisory opinions, and specifies
that if an informal opinion is overturned by a formal opinion, the
person who sought the opinion cannot be penalized. Senate Status: Senate passed 03/03/2008.
House Status: Set for House Finance, Ways & Means Budget Subcommittee 05/13/2008.
|
SB 3596*
HB 3752
(Full Text) |
Providing of meals by employers of lobbyists. Creates provisions
and conditions that would permit employers of lobbyists and lobbyists
to provide food, refreshments, meals, or beverages to an official in
the legislative or executive branch. (S: Burchett; H: Todd) Senate Status: Referred to Senate State & Local Government.
House Status: Taken off notice in House State & Local Government 04/29/2008.
|
SB 3597*
HB 3376
(Full Text) |
Creates ethics and campaign finance registry. Merges the
registry of election finance and the ethics commission into one entity
to be known as the ethics and campaign finance registry. (S: Burchett;
H: Odom) Senate Status: Taken off notice in Senate State & Local Government 03/04/2008.
House Status: Referred to House Elections Subcommittee.
|
SB 3683
HB 3026*
(Full Text) |
Transfer of campaign funds for personal use. Declares the
transfer of campaign funds of a candidate or public officeholder to a
personal account or the personal use of campaign funds a criminal
offense, punishable as a Class A misdemeanor. (S: Bunch; H: Campfield) Senate Status: Taken off notice in Senate State & Local Government 03/04/2008.
House Status: Referred to House Elections Subcommittee.
|
SB 3684
HB 3027*
(Full Text) |
Transfer of campaign funds for personal use prohibited. Prohibits
the transferring of campaign funds to personal funds and specifies that
a violation is a Class three offense and is punishable by a maximum
fine of $10,000 or 15 percent of the amount in question. Outlines how
the registry of election finance can impose civil penalties on Class
three offenses. (S: Bunch; H: Campfield) Senate Status: Taken off notice in Senate State & Local Government 03/04/2008.
House Status: Referred to House Elections Subcommittee.
|
SB 3685
HB 3028*
(Full Text) |
Filing of copies of campaign bank account statements. Requires a copy of campaign bank account statement to be filed with campaign statement. (S: Bunch; H: Campfield)
Senate Status: Taken off notice in Senate State & Local Government 03/04/2008.
House Status: Referred to House Elections Subcommittee.
|
SB 3691*
HB 3381
(Full Text)
Public Chapter (PDF)
|
Lobbying - ethics training changes, financial disclosure. Revises
frequency and manner of ethics training for lobbyists and employers of
lobbyists; limits disclosure of personal financial records and
redefines random audit and investigatory information. (S: Haynes; H:
Odom)
Senate Co-Sponsor: Woodson Senate amendment 1 amends
TCA 3-6-308(c) by deleting the language "audit and investigatory
information" and substituting instead the language "random audit
information and investigatory audit information". Senate Status: Senate 03/06/2008 passed with amendment 1.
House Status: House passed 03/24/2008.
Other Status: Enacted as Public Chapter 697 (effective 04/07/2008).
|
SB 3721
HB 3025*
(Full Text) |
Penalty for transfer of campaign funds for personal use. Classifies
transferring campaign funds to personal funds a Class three offense,
which carries a penalty of up to $10,000 or 15 percent of the amount
transferred. Specifies that if the 15 percent is greater that $10,000,
then each transfer shall be considered a separate offense. (S: Bunch;
H: Campfield) Senate Status: Taken off notice in Senate State & Local Government 03/04/2008.
House Status: Referred to House Elections Subcommittee.
|
SB 3918
HB 3771*
(Full Text) |
Reporting deadline for study committee on ethics. Extends
reporting deadline of special joint study committee on ethics from
March 1, 2008, to April 15, 2008. (S: Tate; H: Odom) Senate Status: Taken off notice in Senate State & Local Government 02/26/2008.
House Status: Taken off notice in House State Government Subcommittee 02/20/2008.
|
SB 4062
HB 3914*
(Full Text) |
Revises certain campaign contribution limits. Removes all
contribution caps for a campaign in which a candidate contributes more
than $1,000,000 of his own money on the condition that he notifies all
other candidates of the race that he has done so and the caps are, in
turn, void. (S: Finney L.; H: Maddox) Senate Status: Taken off notice in Senate State & Local Government 04/15/2008.
House Status: Referred to House Elections Subcommittee.
|
SJR 0063
(Full Text) |
Constitutional amendment - election of state AG. Proposes an
amendment to Article VI, Section 5 of the Constitution of Tennessee, to
provide for popular election of the state attorney general and
reporter. (S: Kurita)
Judicial Council comment: the Judicial Council noted that the existing appointment procedure ensures the selection of a highly-qualified candidate.
Senate Status: Referred to Senate Judiciary.
Other Status: Tennessee Judicial Council reviewed 03/22/2007 with comment.
|
HJR 0101
(Full Text) |
Constitutional amendment - election of state AG. Proposes an
amendment to Article VI, Section 5 of the Constitution of the State of
Tennessee, to provide for the popular election of the Attorney General
and Reporter for the State. (H: Kelsey)
House Co-Sponsors: Favors; Dean; Brown
House Status: Failed in House Civil Practice Subcommittee 04/17/2007.
|
HJR 0747
(Full Text) |
Constitutional amendment - terms for house members. Proposes an
amendment to Article II, Section 3, Article IV, and Article VII,
Section 5 of the Constitution of Tennessee to provide for four-year
terms for members of the house of representatives. Also revises the
timing of primary and general elections for judicial and civil officers
to coincide with those of members of the general assembly. (H: Turner
M.) House Status: Referred to House State Government Subcommittee.
|
CEMETERY & FUNERAL SERVICES |
SB 2242
HB 2323*
(Full Text) |
Improvement care trust funds. Removes ability of cemetery
companies to change the membership of the board overseeing the trust
fund at any time and requires changes of trustees to be reported to the
commissioner within 30 days before the change will occur. Deletes
Chapter 1012 of the Public Acts of 2006, Section 7 and requires the
commissioner of commerce and insurance to study the issue and present a
report and recommendations, together with any recommended legislation,
to the general assembly prior to March 15, 2007. This date is a one
month extension of the report. (S: Kyle; H: Odom) Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture 05/08/2007.
House Status: Taken off notice in House Utilities, Banking & Small Business Subcommittee 05/08/2007.
|
SB 3410
HB 3150*
(Full Text) |
Licensed accountants as trustees. Authorizes licensed accountants to act as trustees for improvement care trusts. (S: Tate; H: Turner L.)
House Co-Sponsor: Richardson
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture 03/05/2008.
House Status: Taken off notice in House Commerce 03/18/2008.
|
COMMERCIAL LAW |
SB 0034*
HB 0024
(Full Text) |
Security freeze on consumer credit report information. Allows
consumers to place a security freeze on their consumer credit reports
by making a request in writing by certified mail to the consumer
reporting agency. (S: Jackson; H: Shepard)
Senate Co-Sponsor: Burks
House Co-Sponsor: West
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture 03/02/2007.
House Status: Taken off notice in House Consumer Affairs Subcommittee 03/18/2008.
|
SB 0103*
HB 0818
(Full Text) |
Security freezes on credit reports to deter identity theft. Allows
consumers to place a security freeze on their consumer credit reports
by making a request in writing by certified mail to a consumer
reporting agency. Requires that the agency place security freeze within
five days of receiving request. (S: Burchett; H: McCord)
Senate Co-Sponsors: Kilby; Ketron
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Taken off notice in House Consumer Affairs Subcommittee 03/18/2008.
|
SB 0161*
HB 0200
(Full Text)
Public Chapter (PDF)
|
Credit Security Act of 2007. Allows a consumer to place a
security freeze on such person's credit report by making a request in
writing or through electronic means to the consumer reporting agency.
Requires the consumer reporting agency to place the security freeze on
the consumer's report no later than three business days after receiving
the request from the consumer. Also requires the consumer reporting
agency to send a written confirmation to the consumer regarding the
security freeze within ten business days. (S: Finney R.; H: Odom)
Senate Co-Sponsors:
Ketron; Norris; Woodson; Black; Johnson J.; Tracy; Haynes; Kilby; Tate;
Finney L.; Harper; Burks; Crowe; Crutchfield; McNally; Herron; Marrero
House Co-Sponsors:
Jones U.; Miller L.; Sontany; Borchert; Ferguson; Fraley; Kernell;
Marrero; Moore; Hood; Rowe; McDonald; Yokley; Hackworth; Curtiss; Litz;
Favors; Gilmore; Bibb; Pitts; Brown; Cooper B.; Shaw; Turner L.; Turner
M.; Armstrong; Fitzhugh; Rinks;
Towns; Fincher; Cobb C.; Sargent; Hawk; DuBois; Harrison; Williams K.;
Eldridge; Baird; Harwell; Hensley; Mumpower; Shepard; Ford D.; Matheny;
Casada; Jones S.; West; Maggart; Watson E.; Matlock; Todd; Winningham;
Buck; Harmon; Tidwell; Bass; Johnson P.; Brooks, Kevin; Naifeh;
Overbey; McDaniel; DeBerry L.; DeBerry J.; Crider; Maddox; Pinion;
Rowland; Hardaway; Cobb J.; Tindell; Niceley; Strader; Brooks, Harry;
Dunn; Hill; Bell; Bone; Johnson C.; Dean; Lundberg; Lynn; Montgomery;
Coleman; Pruitt; Lollar; McManus; Coley; Campfield; Swafford; Floyd;
Gresham; McCormick House amendment 1 removes rulemaking authority by
attorney general's office. House amendment 2 rewrites the bill.
Clarifies that credit freezes requested in writing must be submitted by
certified mail and extends provisions regarding requests made via the
Internet or over the telephone. Expands identity theft statutes to
include any victim regarded as such under Tennessee law or federal law
rather than just those specified
in the code. Exempts court settlements from the provisions of the act,
and specifies "Tennessee consumer" where previously only "consumer" was
named. Extends exemption to attorneys representing entities to which
the provisions of the section do not apply. Exempts "a consumer
reporting agency's database or file" consisting of information used for
one or more of the following: criminal record information, fraud
prevention or detection, personal loss history information, and
employment, tenant, or individual background screening. Specifies that
damages awarded under this provision must come from a private right of
action or other non-governmental action. Provides that "ascertainable
losses" sustained by the consumer are applicable rather than "actual
damages." Revises some language in the summary of rights. Removes
specification stating that the state and any political subdivision of
the state must make reasonable efforts to protect social security
numbers from disclosure to the public.
Allows social security numbers to be printed or written on
identification cards and used as an identifier in electronic
information systems. Retains the Class B misdemeanor for a violation as
well as a civil violation. Requires the comptroller of the treasury to
review current state and local government policies and practices as
they relate to protecting social security numbers and report to the
general assembly before February 1, 2008. Removes all provisions
regarding the identity theft passport and thereby removes the fiscal
note. Senate amendment 2, as amended, makes the bill. Clarifies that a
consumer reporting agencies must comply with a request to temporarily
lift a freeze within 15 minutes of receiving such request so long as
that request is received between the hours of 6:00 a.m. and 9:30 p.m..
Specifies circumstances under which a consumer reporting agency is not
required to temporarily lift a security freeze within the time
provided. Increases from within 15 minutes to within
two days the time in which a consumer reporting agency must permanently
remove a security freeze after receiving such a request. Increases
maximum amount of fee to place security freeze from $5.00 to $7.50;
permits agencies to charge up to $5.00 for the permanent removal of a
freeze; allows for annual adjustment of fees based on CPI. Extends
exemption to attorneys representing entities to which the provisions of
the section do not apply. Provides that "ascertainable losses"
sustained by the consumer are applicable rather than "actual damages."
Deletes language prohibiting persons or businesses from printing social
security numbers obtained for legitimate business or governmental
purpose on identification cards or using such numbers as identifiers in
electronic identification systems. States that restrictions on social
security number disclosure do not apply to such disclosures for
legitimate business or governmental purposes. Makes violations of
disclosure restrictions civil violations
in addition to criminal offenses. Requires the comptroller of the
treasury to review current state and local government policies and
practices as they relate to protecting social security numbers and
report to the general assembly before February 1, 2008. Deletes
identity theft passport provisions. Senate amendment 3 removes the
state and its political subdivisions from those entities required to
make reasonable effort to protect from disclosure any social security
number that the entity has obtained. Senate Status: Senate recalled bill from House 04/26/2007, adopted amendment 3 and repassed bill.
House Status: House 04/30/2007 concurred in Senate amendments 2 and 3.
Other Status: Enacted as Public Chapter 0170 (effective 01/01/2008).
|
SB 0256*
HB 0381
(Full Text) |
Clean Credit and Identity Theft Protection Act of 2007. Permits
consumers to put a security freeze on their account at the consumer
reporting agencies. Specifies that the security freeze prohibits the
consumer reporting agencies from releasing all or part of the credit
report without the express authorization of the consumer. Prohibits the
agency from releasing any information to a third party without prior
authorization from the consumer, except they may report that a security
freeze is in effect. Outlines procedures for consumer to request
security freeze and to lift security freeze with reporting agencies.
(S: Haynes; H: Briley) Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture 04/24/2007.
House Status: Taken off notice in House Consumer Affairs Subcommittee 03/18/2008.
|
SB 0372*
HB 2086
(Full Text) |
Notification duties of creditors clarified. Clarifies and
reaffirms the duties of creditors relative to compliance with notice
provisions prior to sale of repossessed collateral. (S: Bunch; H:
Maddox)
House Co-Sponsors: Sargent; Pinion; Fitzhugh;
Curtiss; DuBois; Maggart House Judiciary amendment 1 makes the bill.
Clarifies the legislative intent is to provide that an individual's
name, as shown on the driver's license or state-issued identification
license, will always be a sufficient name of the individual debtor for
financing statement purposes; but not the exclusive means of
establishing that the debtor's name is sufficient for financing
statement purposes. Senate Status: Senate passed 04/30/2007.
House Status: House Judiciary 05/12/2008 recommended with
amendment 1, which makes the bill. Clarifies the legislative intent is
to provide that an individual's name, as shown on the driver's license
or state-issued identification license, will always be a sufficient
name of the individual debtor for financing statement purposes; but not
the exclusive means of establishing that the debtor's name is
sufficient for financing statement purposes. Sent to House Calendar
& Rules.
|
SB 1186
HB 1064*
(Full Text) |
Security freeze on credit report. Permits consumer, in an effort
to prevent identity theft, to place a security freeze on his or her
consumer report by making a request in writing by certified mail to a
consumer reporting agency. A security freeze shall prohibit the
consumer reporting agency from releasing the requesting party's
consumer report or credit score relating to the extension of credit
without the express authorization of the consumer. However, reporting
agency may advise a third party that a security freeze is in effect
with respect to a particular consumer report. (S: Black; H: Maggart) Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture 03/02/2007.
House Status: Taken off notice in House Consumer Affairs Subcommittee 03/18/2008.
|
SB 1316
HB 0561*
(Full Text) |
Security freeze on consumer credit reports. Allows consumer to
place a security freeze on his or her consumer credit report by making
a request in writing by certified mail to a consumer credit reporting
agency. (S: Stanley; H: Todd) Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Taken off notice in House Consumer Affairs Subcommittee 03/18/2008.
|
SB 1567*
HB 1948
(Full Text) |
Tennessee Children's Product Safety Act. Prohibits manufacture
and sale of products designed for children twelve and under that are
deemed unsafe because of failure to meet federal guidelines, being
recalled, or manufacturer issuing a warning. Requires the department of
health to maintain a list of all products deemed unsafe that is updated
within 24 hours of report, posted on the internet, and distributed in
certain publications. Outlines crib safety requirements and implements
system by which recalled products will be controlled. A commercial
dealer, importer, distributor, wholesaler, or retailer who violates
this act by failing to exercise reasonable care is subject to a civil
penalty in an amount not to exceed $500 for each day that the violation
continues. Civil penalties will be deposited into the "Attorney General
Court Ordered and Voluntary Compliance Payment Projects Fund." (S:
Herron; H: Jones S.) House Commerce Industrial Impact Subcommittee
amendment 1 prohibits
retailers from "knowingly" selling products designed for children 12
and under that have been recalled. House Commerce Industrial Impact
Subcommittee amendment 2 assigns responsibility for enforcement of this
bill to the Department of Consumer Affairs. Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: House Commerce deferred to 2008.
|
SB 1829*
HB 1706
(Full Text) |
Bad check restitution program. Increases from $10.00 to $15.00 the fee for participation in the bad check restitution program. (S: Bunch; H: Casada)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture 02/27/2007.
House Status: Caption bill held on House clerk's desk.
|
SB 1861*
HB 1651
(Full Text) |
Proxy appointment for shareholder voting purposes. Increases
length of validity for proxy appointment for corporate shareholder
voting purposes from 11 months to one year. (S: Black; H: Mumpower) Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture 02/26/2007.
House Status: Caption bill held on House clerk's desk.
|
SB 1897*
HB 1662
(Full Text) |
Filing of claim against dissolved limited partnership. Increases
time period for claimant to file claim against dissolved limited
partnership from three months to four months. (S: Norris; H: Mumpower) Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture 03/27/2007.
House Status: Caption bill held on House clerk's desk.
|
SB 2237
HB 2337*
(Full Text) |
Violations of Consumer Protection Act. Requires alleged violator
of Consumer Protection Act to file a report with the division of
consumer affairs in the department of commerce and insurance within ten
days from the date of the request for information from the division
regarding the alleged violation. Clarifies that a violation of any part
of the Consumer Protection Act will be construed to constitute an
unfair or deceptive act or practice and subject to the penalties and
remedies under such act. (S: Kyle; H: Odom) Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture 03/27/2007.
House Status: Caption bill, held on House clerk's desk.
|
SB 2304
HB 2189*
(Full Text) |
Residential Closing Funds Distribution Act revised. Prohibits
enforcement of contractual provision mandating the selection or use of
a real estate settlement agent or attorney by one party to a real
estate contract. Prohibits any part to a real estate contract from
trading a benefit for a any provision specifying the use of any
particular title settlement agent, attorney, issuing title agent or
underwriter. Violation of aforementioned is subject to $1,000 fine in
addition to other costs. (S: Bunch; H: Kernell) Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture 04/24/2007.
House Status: Referred to House Commerce Utilities & Banking Subcommittee.
|
SB 2852
HB 2762*
(Full Text)
Public Chapter (PDF)
|
Security freezes on credit reports. Requires consumer credit
reporting agencies to send written confirmation of an address change to
both the new and former addresses of consumers with a security freeze
in place. Clarifies that consumer credit reports can be used by someone
other than the consumer for prescreening as provided by the federal
Fair Credit Reporting Act. (S: Johnson J.; H: Jones S.) Senate Status: Senate passed 02/06/2008.
House Status: House passed 02/28/2008.
Other Status: Enacted as Public Chapter 0633 (effective 03/18/2008).
|
SB 2963*
HB 3412
(Full Text) |
Tracking devices used on consumer products. Regulates the use of
tracking devices on consumer products or identification documents by
requiring labels that inform consumers of their presence. Makes
violation of the act a Class B misdemeanor punishable by fine only.
Also makes violation an unfair or deceptive trade practice. (S: Ketron;
H: Lynn) Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture 02/26/2008.
House Status: Taken off notice in House Consumer Affairs Subcommittee 03/18/2008.
|
SB 2970*
HB 3135
(Full Text)
Public Chapter (PDF)
|
Voiding of certain motor carrier contracts. Specifies that a
covenant, promise, agreement or understanding in or in connection with
or collateral to a motor carrier transportation contract purporting to
indemnify the promisee against liability for damages resulting from the
negligence of the promisee is against public policy and is void and
unenforceable. (S: Finney L.; H: Fincher)
Senate Co-Sponsors:
Tracy; Burks; Marrero; Tate Senate amendment 1 exempts agreements
involving intermodal equipment, including the railroad industry, from
compliance with the bill. Senate Status: Senate 02/11/2008 passed with amendment 1.
House Status: House passed 03/10/2008.
Other Status: Enacted as Public Chapter 0636 (effective 03/18/2008).
|
SB 2991*
HB 4094
(Full Text) |
Deceptive trade practices by motor vehicle dealer. Specifies
that a motor vehicle dealer who fails to retain possession of a
trade-in vehicle until the dealer has received funding from the
financial institution or a dealer who fails to pay off the agreed upon
indebtedness on the trade-in vehicle within 30 days after the dealer
has received funding from the financial institution on the financing
contract for a new purchase constitutes an unfair or deceptive trade
practice under the Consumer Protection Act. (S: Herron; H: Pinion) Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Taken off notice in House Consumer Affairs Subcommittee 03/18/2008.
|
SB 3107*
HB 3647
(Full Text) |
Child Product Safety Act. Prohibits a commercial user from
knowingly retrofitting, selling or leasing a children's product deemed
unsafe by a recall or warning from a federal agency. Allows a
children's product deemed unsafe to be retrofitted by the manufacturer
if the retrofit has been approved by the federal agency issuing the
recall or warning or another federal agency with the authority to
approve the retrofit. Prohibits licensed child care centers from using
or having on its premises a children's product deemed unsafe. (S:
Haynes; H: Turner M.) Senate Status: Senate Commerce, Labor & Agriculture 03/11/2008 recommended. Sent to Senate Finance, Ways & Means.
House Status: Re-referred to House Finance, Ways & Means.
|
SB 3237*
HB 4051
(Full Text) |
Additions to the Consumer Protection Act. Adds to the Consumer
Protection act by prohibiting the practice of engaging in a private
parking service and using a device to immobilize a vehicle for
unauthorized parking and charging a fee to remove such device which is
more than twice the fee charged for otherwise authorized parking. (S:
Berke; H: Towns) Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture 01/29/2008.
House Status: Taken off notice in House Consumer Affairs Subcommittee 03/18/2008.
|
SB 3238*
HB 4044
(Full Text) |
Consumer Protection Act- private parking services. Adds the
practice of operating private parking service using a device to
immobilize vehicles for unauthorized parking, charging a fee for such
device's removal, and refusing to allow choice of payment options as
violation of Consumer Protection Act. (S: Berke; H: Towns) Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture 01/29/2008.
House Status: Held on House clerk's desk.
|
SB 3239*
HB 4045
(Full Text) |
Consumer Protection Act - private parking service. Under this
bill, it would be a violation of the Consumer Protection Act to engage
in the business of private parking service, using a device to
immobilize a vehicle for unauthorized parking, and failing to provide
conspicuous signage stating that a vehicle immobilizing device may be
used for unauthorized parking on the property. (S: Berke; H: Towns) Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture 01/29/2008.
House Status: Taken off notice in House Consumer Affairs Subcommittee 03/18/2008.
|
SB 3241
HB 3082*
(Full Text) |
Child Toxic Substance Protection Act of 2008. Creates class A
misdemeanor offense for a person to sell, offer for sale, or otherwise
transfer a toy, child care article or any other item used by children
or intended to be chewed by children if the item contains a toxic
substance, specifically lead. Exempts collectible toys not meant for
children. (S: Bunch; H: Harwell) Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Consumer Affairs Subcommittee 03/18/2008.
|
SB 3418*
HB 3834
(Full Text)
Public Chapter (PDF)
|
Consumer protection - misrepresentation in phone directory. Prohibits
misrepresentation of geographic location in telephone directory or
directory assistance database. Establishes civil penalty of $5,000 to
$25,000 for violation. (S: Johnson J.; H: Johnson P.)
Senate Co-Sponsors:
Marrero; Burks; Kurita House amendment 1 makes the bill. Prohibits
misrepresentation of geographic location, with intent to mislead, in
local telephone directory. Adds to the definition of "local telephone
directory" to include a directory assistance database or similar
service. Clarifies that these provisions do not apply to call centers.
Defines a "call center" as a location that utilizes telecommunication
services for activities related to an existing customer relationship.
Changes civil penalty for violation to a non-remedial civil penalty of
a minimum of $1,000 to a maximum of $5,000 per violation. Clarifies
that this section applies only to information supplied to a telephone
directory
published after July 1, 2008 and information that is published on the
Internet after July 1, 2008. Senate Status: Senate passed 04/21/2008.
House Status: House 04/21/2008 passed with amendment 1.
Other Status: Enacted as Public Chapter 0873 (effective 07/01/2008).
|
SB 3460
HB 3180*
(Full Text) |
Consumer protection - warranty on good or household item. States
that the failure of a person to honor the full value of a warranty on
goods or household items within a reasonable period constitutes an
unfair and deceptive act. Authorizes the consumer in such case to bring
action under the Consumer Protection Act. (S: Marrero; H: DeBerry J.) Senate Status: Failed in Senate Commerce, Labor & Agriculture 04/08/2008 for lack of a motion.
House Status: Taken off notice in House Consumer & Employee Affairs 04/15/2008.
|
SB 3658
HB 3105*
(Full Text)
Public Chapter (PDF)
|
Contractor retainage funds requirements revised. Revises
requirements related to contractor retainage funds for projects
exceeding $500,000. (S: Ketron; H: Curtiss) Senate amendment 1
classifies the failure to comply with the bill's required retainage or
escrow requirements as a Class A misdemeanor instead of a Class E
felony, punishable only by a fine of up to $3,000. Each day of
noncompliance would be considered a separate violation. Until the
violation is remedied by compliance, the punishment for each violation
would be consecutive to all other such violations. Adds a cross
reference to clarify that it will be an offense under this bill for any
person to fail to release and pay all retainages for work completed
pursuant to the terms of any contract within the applicable time
period. House amendment 1 classifies the failure to comply with the
bill's required retainage or escrow requirements as a Class E felony,
punishable only by a fine of up to $3,000. Each day of
noncompliance would be considered a separate violation. Until the
violation is remedied by compliance, the punishment for each violation
would be consecutive to all other such violations. House amendment 2
makes the failure to comply with the requirements of this bill a Class
A misdemeanor, instead of a Class E felony, punishable only by a fine
of up to $3,000. Senate Status: Senate 04/03/2008 passed with amendment 1.
House Status: House 04/10/2008 concurred in Senate amendment 1.
Other Status: Enacted as Public Chapter 0804 (effective 07/01/2008).
|
SB 3751*
HB 3632
(Full Text) |
Consumer protection violations - obscene material. Allows the
court to award liquidated damages in amount of $5,000 per exposure
violation if consumer protection violation of selling used merchandise
as new results in exposure to a minor material that is obscene or
harmful to minors and the exposure was foreseeable. (S: Burks; H:
Fincher) Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture 04/15/2008.
House Status: Referred to House Judiciary Civil Practice Subcommittee.
|
SB 3834
HB 3345*
(Full Text) |
Consultation with mortgage counselor required for ARMs. Requires
mortgage counselor be consulted before an adjustable rate mortgage can
be completed. Declares that any adjustable rate mortgage loan that does
contain a certification form from a counselor may be invalidated. (S:
Marrero; H: Turner L.) Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture 03/25/2008.
House Status: Set for House Utilities, Banking & Small Business Subcommittee 03/25/2008.
|
SB 3854*
(Full Text) |
Consumer debt - credit reporting agency to identify rights. Requires
a credit reporting agency to clearly identify to a consumer their
rights to file a brief statement regarding disputed items on the credit
report. Specifically refers to amounts discharged in bankruptcy but
still reported as owed on the credit report. (S: Bunch) Senate Status: Withdrawn in Senate 03/17/2008.
|
SB 3906*
HB 3884
(Full Text) |
Requirement of proof added in consumer protection cases. Requires
evidence that the transaction resulted from the use of a deceptive act
in lawsuits alleging unfair or deceptive practices. Limits damages to
out-of-pocket losses. (S: Bunch; H: Watson E.) Senate Status: Taken off notice in Senate Judiciary 04/29/2008.
House Status: Referred to House Judiciary Civil Practice Subcommittee.
|
SB 3993*
HB 3949
(Full Text) |
Revises Article 1 of UCC - general provisions, definitions. Revises
Article 1 of the Uniform Commercial Code regarding general provisions.
(17 pp.) (S: Finney L.; H: Overbey) House amendment 1 corrects internal
cross-references in other UCC-related provisions in present law to
correspond to the changes made in this bill. This amendment also: (1)
Removes the course of performance/practical construction provisions
found in present law in regard to sales; (2) Removes the course of
performance/practical construction provisions found in present law in
regard to leases; and (3) Authorizes the Tennessee Code Commission to
include comments from the Nation Conference of Commissioners on Uniform
State Laws concerning Article 1 in codifying this bill, as it deems
appropriate. Senate Status: Senate 04/24/2008 concurred in House amendment 1.
House Status: House 04/07/2008 passed with amendment 1.
Other Status: Sent to the speakers for signatures 04/24/2008.
|
SB 3994*
HB 3950
(Full Text)
Public Chapter (PDF)
|
UCC - documents of title. Revises Article 7 of the Uniform
Commercial Code concerning documents of title. (30 pp.) (S: Finney L.;
H: Overbey) House amendment 1 revises present law definitions and
provisions concerning sales, leases, bank deposits and collections,
investment securities, and secured transactions to distinguish between
tangible and electronic documents of title and documents. For example,
this amendment: (1) Requires a secured party having control of an
electronic document, within 10 days after receiving an authenticated
demand by the debtor, to: give control of the electronic document to
the debtor or its custodian; communicate to the custodian, if
designated, an authenticated record releasing the custodian from any
further obligation to comply with instructions originated by the
secured party and instructing the custodian to comply with instruction
originated by the debtor; and take appropriate action to enable the
debtor or custodian to make copies of or
revisions to the authoritative copy which add or change an identified
assignee of the authoritative copy without the consent of the secured
party; (2) Specifies that delivery of an electronic document of title
is by a voluntary transfer of control whereas delivery of a tangible
document of title is by a voluntary transfer of possession; (3)
Specifies that if goods are in the possession of a bailee and are to be
delivered without being moved, then tender by a "record" (an electronic
or written statement) instead of a "written direction" that directs the
bailee to deliver is sufficient unless the buyer seasonably objects and
except as otherwise provided by present law; and (4) Specifies that a
security interest is enforceable if the collateral is electronic
documents and the secured party has control pursuant to the debtor's
security agreement. Specifies that a bill of lading does not include a
warehouse receipt which this amendment defines as a "document of title"
instead of a "receipt"
issued by a person engaged in the business of storing goods for hire.
Specifies that a document of title is not a financial asset unless the
document is held by a securities intermediary for another person in a
securities account if the securities intermediary has expressly agreed
with the other person that the document is to be treated as a financial
asset under present law regarding investment securities. Senate Status: Senate passed 04/10/2008.
House Status: House 04/07/2008 passed with amendment 1.
Other Status: Enacted as Public Chapter 0814 (effective 07/01/2008).
|
CORRECTIONS |
SB 1208
HB 0942*
(Full Text) |
Interstate Compact for Juveniles. Amends the Interstate Compact
for Juveniles to provide for mutual assistance and cooperation between
states for the prevention of crime involving juvenile delinquents who
have escaped from supervision and control in their state of residence.
Holds each state responsible for the safe return of juveniles to their
home state, and for the protection of victims in both the sending state
and the receiving state. Provides for the effective tracking and
supervision of juveniles in both states. Urges cooperation between
states to adequately meet the needs of juveniles requiring special
services. Establishes the Interstate Commission for Juveniles to
provide for dispute resolution among compacting states and to supervise
the interstate movement of juveniles subject to the terms of the
compact. (21 pp.) (S: Southerland; H: Dean)
House Co-Sponsors: Todd; Williams K.; Lundberg; Matlock; Watson E.; DuBois; Campfield; Swafford; Casada; Bass
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Children & Family Affairs 04/25/2007.
|
SB 3036*
HB 3037
(Full Text) |
Enforcement of federal immigration laws. Requires the
commissioner of correction to negotiate the terms of a memorandum of
understanding between the state of Tennessee and the U.S. Department of
Homeland Security concerning the enforcement of federal immigration
laws. Requires at least one employee of the department of correction in
each correctional facility to be trained pursuant to such memorandum of
understanding. (S: Beavers; H: Watson E.)
House Co-Sponsors:
Brooks, Harry; Maggart; Brooks, Kevin; Hawk; Johnson P.; Coley; Casada;
Harwell; Baird; Harrison; Floyd; Eldridge; Campfield; Hensley; Hill;
Lynn; Sargent; McManus; DuBois; Cobb J.; Todd Senate State & Local
Government Committee amendment 1 requires one officer at each of the
four reception centers to be trained pursuant to the memorandum of
understanding in regards to enforcement of illegal immigration laws.
Current bill requires one officer to be trained at each correctional
facility.
Oversight
Corrections Committee comment: The Department will begin to
identify criminal aliens' immigration status at the
classification/reception centers within the next few months. Since the
majority of the investigation and verification of the criminal aliens'
immigration status would take place at intake it would seem more
prudent to place one trained officer at each of the four reception
centers (WTSP, CBCX, MCCC & TPW) instead of one officer at each of
TDOC's sixteen facilities.
Senate Status: Senate State & Local Government 04/08/2008 recommended with amendment. Sent to Senate Finance, Ways & Means.
House Status: House State Government Subcommittee referred bill to summer study 04/09/2008.
Other Status: Oversight Corrections Committee 03/03/2008 reviewed, comment adopted and released to full committee.
|
CRIMINAL LAW |
SB 0047*
HB 0833
(Full Text) |
Duty to render aid to certain persons. Establishes a Class C
misdemeanor offense of failing to render aid to a person suffering from
a medical emergency if the person has knowledge that the emergency is
the result of such person consuming, ingesting or taking alcohol or
drugs. Specifies that a violation is punishable by a fine of $2,500 to
$5,000. (S: Finney R.; H: DuBois) Senate Status: Taken off notice in Senate Judiciary 02/20/2007.
House Status: Referred to House Judiciary. Referred to House Judiciary Criminal Practice Subcommittee.
|
SB 0091*
HB 1107
(Full Text) |
Murder committed by defendant in U.S. illegally. Adds murder
committed by defendant in this country illegally to the list of
aggravating circumstances for the death penalty or life imprisonment
without possibility of parole. (S: Jackson; H: Buck)
Senate Co-Sponsor: Ketron
Senate Status: Senate Judiciary deferred to 2008.
House Status: Referred to House Judiciary Criminal Practice Subcommittee.
|
SB 0106*
(Full Text) |
Redefines aggravated assault. Redefines "aggravated assault" to
include a person who causes or intends to cause serious bodily injury
to a disabled, pregnant, or elderly person by strangulation, regardless
of whether actual injury to the victim occurs. (S: Burchett) Senate Status: Referred to Senate Judiciary.
|
SB 0142*
HB 0110
(Full Text) |
Dog-owner's responsibility to terminate a dog attack. Creates a
Class E felony for the owner of a dog that is biting, attacking,
injuring or attempting to injure to knowingly fail to make every
attempt to terminate such actions. Creates a Class A misdemeanor for
the owner of a dog that is biting, attacking, injuring or attempting to
injure another in defense of such owner to knowingly fail to make every
attempt to terminate such actions once the threat no longer exists. (S:
Jackson; H: Shepard)
Senate Co-Sponsors: Ketron; Kyle; Marrero
House Co-Sponsor: Fraley
Senate Status: Taken off notice in Senate Judiciary 03/20/2007.
House Status: Referred to House Judiciary Criminal Practice Subcommittee.
|
SB 0187*
HB 0668
(Full Text) |
Castle Doctrine - self-defense and justified use of force. Expands
concept of using reasonable force to protect self or others to
dwellings other than residence and vehicles. Specifies that person is
immune from criminal prosecution or civil liability for justified use
of self-defense. (S: Stanley; H: Swafford)
Senate Co-Sponsor: Norris
House Co-Sponsors:
Coley; McManus; Lollar; Gresham; McCormick; Hill; Baird; Bell; Crider;
Lundberg; Rowland; Dunn; Eldridge Senate Judiciary, House Judiciary
amendment 1 rewrites the bill defining vehicle as any motorized vehicle
that is self-propelled and designed for use on highways to transport
people or property; and, specifies that a person does not have immunity
for the use of force if the force resulted in property damage to or the
death or injury of an innocent bystander or other person against whom
the force used was not justified. Senate Status: Re-referred to Senate Calendar Committee 05/03/2007.
House Status: Taken off notice in House Finance Budget Subcommittee 05/09/2007.
|
SB 0203*
HB 0728
(Full Text) |
Enforcement of immigration laws by THP. Allows commissioner of
safety to enter into a memorandum of understanding with federal
department of justice or the federal department of homeland security to
provide appropriate training for certain highway patrol officers to
enforce federal immigration laws in Tennessee during the normal course
of their duties. (S: Ketron; H: Hood)
House Co-Sponsor: Coleman
Senate Status: Taken off notice in Senate Transportation 04/18/2007.
House Status: Taken off notice in House Transportation Public Safety & Rural Roads Subcommittee 04/03/2007.
|
SB 0284*
HB 0912
(Full Text) |
Witnesses allowed in child rape cases. Allows state to call
forensic interviewer as witness before the defense has challenged the
victim's character in certain criminal cases involving victims under 13
years of age, including rape of a child, aggravated rape of a child,
and aggravated child abuse. (S: Burchett; H: Tindell)
House Co-Sponsor: Overbey
Senate Status: Senate Judiciary deferred to 03/25/2008.
House Status: Taken off notice in House Criminal Practice Subcommittee 03/12/2008.
|
SB 0289*
HB 0908
(Full Text) |
Consolidation of criminal cases - victims of same family. Requires
certain criminal cases involving multiple victims from the same family
or household to be tried jointly when offenses occurred within the same
time period, including cases involving rape of a child or aggravated
child abuse. (S: Burchett; H: Tindell) Senate Status: Taken off notice in Senate Judiciary 05/16/2007.
House Status: Taken off notice in House Criminal Practice Subcommittee 03/21/2007.
|
SB 0303*
HB 0380
(Full Text) |
Violation of ex parte protective order. Establishes Class C
misdemeanor offense for a person who violates an ex parte protective
order prior to a court hearing and findings on such order. (S: Jackson;
H: Briley) Senate Status: Senate Judiciary deferred to 05/22/2007.
House Status: Taken off notice in House Criminal Practice Subcommittee 04/11/2007.
|
SB 0361*
HB 1222
(Full Text) |
Expungement of criminal records. Provides for the expungement of
criminal record of petitioner if 15 years or more have elapsed since
the date of conviction for the offense being expunged and the
petitioner has not been convicted of any other offense, excluding minor
traffic violations, during such period of time. (S: Harper; H: Gilmore)
House Civil Practice Subcommittee amendment 1 requires fees to be
handled in a uniform manner.
Judicial Council comment: it
would be more appropriate for the 15-year period to be calculated from
the date of release from incarceration as opposed to the date of
conviction. Given the sponsor's assertions regarding the purpose for
the bill, the Council encouraged the sponsor to amend the bill to
reflect one effect for future employment purposes and another for
sentence enhancement purposes. The Council also encouraged the sponsor
to add a notice provision similar to the provision in SB0797/HB0373 so
the district attorney general will have an
opportunity to determine whether the individual was convicted of a
disqualifying offense during the 15-year period. Finally, the Council
stated that the sponsor may wish to delete the provision which requires
the Administrative Office of the Courts to set the expungement fee, and
add a reference to Tennessee Code Annotated section 8-21-401, which
provides for a $100.00 fee.
Senate Status: Referred to Senate Judiciary.
House Status: House Civil Practice Subcommittee deferred to the summer study calendar.
Other Status: Tennessee Judicial Council reviewed 03/22/2007 with comment.
|
SB 0438
HB 0354*
(Full Text) |
Criminal Justice Infrastructure Improvement Fund Act. Establishes
a special account in the state treasury to be used exclusively to fund
court ordered or statutorily mandated new construction or renovation of
jails and workhouses. Grants from the account may be available to
cities, counties or any combination of city and county governments
applying jointly. State building commission will establish criteria for
the program and award grants. (S: Kilby; H: Winningham)
Oversight Corrections Committee comment:
Oversight Corrections Committee adopted and released to full committee
with additional remark that currently, many counties are unable to
afford renovation, construction or expansion of local jails. Assistance
from a Criminal Justice Improvement Fund would be very beneficial.
Statutory permission to accept outside private funds or grants could
increase the availability of funds; however, there should be a careful
examination of any conflicts of interest or undue benefits
to a donor gifting to the fund. An amendment is recommended that
mandates that no gift be accepted if a donor has a conflict of interest
or unduly benefits personally. The impact of this bill will be solely
dependent upon the amount of funding public or private that is
deposited in the fund.
Senate Status: Referred to Senate State & Local Government.
House Status: Referred to House Finance Budget Subcommittee.
Other Status: Oversight Corrections Committee 03/12/2007 reviewed, comment adopted and released to full committee.
|
SB 0511
HB 0182*
(Full Text) |
Convicted felons can be bail bondsmen. Allows convicted felons who have had their rights of citizenship restored to be bail bondsmen. (S: Ford O.; H: Cooper B.)
Senate Co-Sponsor: Tate
House Co-Sponsors: Neal; Miller L.; DeBerry J.; Turner L.
Senate Status: Referred to Senate Judiciary.
House Status: Failed in House Judiciary 04/11/2007.
|
SB 0536*
HB 0756
(Full Text) |
Use of force in self-defense of home clarified. Extends
presumption that use of force to protect self or others is justified
self-defense to dwellings other than residence and vehicles. Expressly
provides that person is immune from criminal prosecution or civil
liability for lawful exercise of self-defense. (S: Jackson; H: McDonald)
House Co-Sponsor: Maggart
Senate Status: Taken off notice in Senate Judiciary 05/16/2007.
House Status: Referred to House Judiciary Criminal Practice Subcommittee.
|
SB 0538*
HB 1333
(Full Text) |
TN Innocence Commission Act of 2007. Creates the Tennessee
Innocence Commission to investigate cases where an innocent person was
wrongly convicted, to identify errors in the criminal justice process
and recommend solutions to correct these errors. Specifies the
commission will be administratively attached to the administrative
office of the courts. Specifies membership of commission and requires
commission to submit annual report to governor, lieutenant governor and
speaker of the house. (S: Jackson; H: Briley)
Judicial Council comment:
it might be more appropriate to administratively attach the Tennessee
Innocence Commission to an entity other than the Administrative Office
of the Courts. The Council also noted that the bill is very narrowly
drafted, and expressed concern when the sponsor indicated an intention
to broaden the scope to include reversals, remands, or pardons which do
not involve actual innocence. The Council indicated that it might be
more appropriate for
the judicial system to address the concerns at issue in this bill.
Senate Status: Senate re-referred 06/04/2007 to Senate Calendar Committee after being bumped from consent.
House Status: Taken off notice in House Government Operations 04/04/2007.
Other Status: Tennessee Judicial Council reviewed 03/22/2007 with comment.
|
SB 0544
HB 0440*
(Full Text) |
TN Immigration Compliance Act. Prohibits public employer from
entering into a contract for services unless the contractor registers
and participates in the federal work authorization program to verify
information of all new employees. Creates a Class E felony for offense
of human trafficking for labor servitude. Creates a Class B felony for
offense of human trafficking for sexual servitude. Authorizes the
governor to negotiate the terms of a memorandum of understanding
between the state and the U.S. department of justice or department of
homeland security concerning the enforcement of federal immigration and
customs laws, detention and removals, and investigations in this state.
Requires governor to designate appropriate peace officers to be trained
for this purpose. Eliminates excise tax deduction for wages paid to
illegal aliens in excess of $600. (S: Watson B.; H: Floyd)
Senate Co-Sponsor: Ketron
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Government Operations.
|
SB 0546*
HB 1409
(Full Text) |
Desecration of U.S. flag. Specifies that failing to place the
official flag of the United States on top when such flag is flown on
the same pole with other flags constitutes offense of desecration of
the flag. (S: Bunch; H: Watson E.)
Senate Co-Sponsors: Ketron; Black; Johnson J.; Finney R.
House Co-Sponsors:
Dean; Maggart; Brooks, Kevin; Brooks, Harry; Borchert; Lollar; Coleman;
Harmon; Bone; Fraley; Floyd; Eldridge; Coley; Matheny; Rowland; Cobb
J.; Baird; Todd; Matlock; Lundberg; Dunn; Hill; Swafford; Windle;
McCord; Niceley; Johnson C.; Roach; Gresham; Bass; Campfield; DuBois;
Ferguson; Hensley; McDonald House amendment 1 clarifies this bill
applies to properties that are owner-controlled by State and/or local
governmental entities. Senate amendment 1 changes penalty to a Class C
misdemeanor from a Class A misdemeanor. Senate amendment 2 provides
that flying the Tennessee flag above the U.S. flag constitutes a crime
only when done knowingly in violation
of the law. Senate Status: Re-referred to Senate Calendar Committee 06/04/2007.
House Status: House 04/23/2007 passed with amendment 1.
|
SB 0576*
HB 1216
(Full Text) |
TN Immigration Compliance Act. Prohibits public employer from
entering into a contract for services unless the contractor registers
and participates in the federal work authorization program to verify
information of all new employees. Creates a Class E felony for offense
of human trafficking for labor servitude. Creates a Class B felony for
offense of human trafficking for sexual servitude. Authorizes the
governor to negotiate the terms of a memorandum of understanding
between the state and the U.S. department of justice or department of
homeland security concerning the enforcement of federal immigration and
customs laws, detention and removals, and investigations in this state.
Requires governor to designate appropriate peace officers to be trained
for this purpose. Eliminates excise tax deduction for wages paid to
illegal aliens in excess of $600. (S: Burks; H: Fincher)
Senate Co-Sponsor: Ketron
House Co-Sponsors:
Jones S.; Turner M.; Moore; Ferguson; Hood;
Coleman; Pitts; Bass; Fitzhugh; Vaughn; Watson E. House amendment 1
deletes Section 3, the first enumerated Section 4, which amends Title
39, and the second enumerated Section 4, which amends Title 38, from
the printed bill in their entireties and renumbers the subsequent
sections as appropriate. Senate Status: Failed in Senate Finance, Ways & Means 06/12/2007.
House Status: House 06/12/2007 passed with amendment 1.
|
SB 0635*
HB 1357
(Full Text) |
Moratorium on death penalty. Directs house and senate judiciary
committees to study defendants' access to justice and other
implications of death penalty trials in Tennessee. Places moratorium on
death penalty until study results are presented to the general
assembly. (S: Marrero; H: Turner L.)
House Co-Sponsors: Briley; Turner M.
Oversight Corrections Committee comment:
Oversight Corrections Committee adopted and released to full committee
with additional remark that a moratorium on executions will temporarily
relieve the department of correction of all of its duties and
responsibilities associated with carrying out executions and will
relieve the board of probation and parole from its duties of conducting
hearings related to death penalty cases.
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Criminal Practice Subcommittee.
Other Status: Oversight Corrections Committee 03/12/2007 reviewed, comment adopted and released to full committee.
|
SB 0714
HB 0410*
(Full Text) |
Handgun permit holders allowed to carry gun in restaurant. Allows
person with a handgun permit who is not consuming alcohol to carry
handgun in restaurant where beer or alcoholic beverages are being
served subject to provisions regarding the posting of notices on
property. (S: Stanley; H: Todd) Senate Status: Withdrawn in Senate 02/06/2008.
House Status: Failed in House Criminal Practice Subcommittee 03/19/2008.
|
SB 0777*
HB 1782
(Full Text) |
Use of deadly force to protect business property. Permits
business owner or person employed to protect or guard a business to use
deadly force against a person who unlawfully enters or attempts to
enter a place of business. (S: Bunch; H: Jones U.)
House Co-Sponsor: Moore
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Criminal Practice Subcommittee.
|
SB 0797
HB 0373*
(Full Text) |
Expungement of certain criminal records. Allows for the
expungement of criminal records for persons convicted of certain
misdemeanors and felonies. Specifies exceptions to this rule. States
that those persons having their records expunged under this new
provision shall be required to pay a uniform fee for the expungement of
these records. (S: Burchett; H: Briley)
Judicial Council comment:
it would be more appropriate for the 15-year period to be calculated
from the date of release from incarceration as opposed to the date of
conviction. Given the sponsor's assertions regarding the purpose for
the bill, the Council encouraged the sponsor to amend the bill to
reflect one effect for future employment purposes and another for
sentence enhancement purposes. The Council also acknowledged the
benefit of the notice provision, which will provide the district
attorney general with an opportunity to determine whether the
individual was convicted of a disqualifying offense during the
15-year period. Finally, the Council stated that the sponsor may wish
to delete the provision which requires the Administrative Office of the
Courts to set the expungement fee, and add a reference to Tennessee
Code Annotated section 8-21-401, which provides for a $100.00 fee.
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Criminal Practice Subcommittee.
Other Status: Tennessee Judicial Council reviewed 03/22/2007 with comment.
|
SB 1057
HB 0880*
(Full Text) |
Tennessee Immigration Compliance Act. Creates act to conform to
federal immigration law concerning illegal immigration in Tennessee.
Requires persons confined for a felony or DUI to be checked for
authorization to be in the United States. Restricts public benefits
given to persons who are not authorized to be in the United States. (S:
Johnson J.; H: Johnson P.) Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary.
|
SB 1065
HB 0862*
(Full Text) |
Use of force in self-defense. Specifies when use of deadly force
in self defense is justified. Expands the circumstances under which a
person using deadly force for self-defense is considered immune from
civil liability. Permits the use of deadly force for self-defense when
there is reasonable belief of death in not only a person's residence
(current law) but also in such person's dwelling or vehicle. Defines
residence to include any dwelling or building within the curtilage of
one's residence. (S: Tracy; H: Johnson C.) Senate Status: Taken off notice in Senate Judiciary 04/10/2007.
House Status: Referred to House Judiciary Civil Practice Subcommittee.
|
SB 1084*
HB 1783
(Full Text) |
Use of deadly force for self-defense - in vehicles. Authorizes
an owner or invited passenger lawfully in a vehicle to use deadly force
to prevent being a victim of homicide, rape, kidnapping, robbery, or
carjacking. Creates presumption that person using force was in fear or
imminent peril of death or serious injury, whether inside or outside of
the occupied vehicle when force was applied. (S: Tate; H: Jones U.) Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Judiciary 04/25/2007.
|
SB 1121
HB 1030*
(Full Text) |
Citizens Right to Know: Pretrial Release Act. Directs the
pretrial release agency in each county of Tennessee to prepare a
register displaying information regarding the cases and defendants who
are recommended for release by such agency. The register shall be
located in the clerk's office of the court in which the pretrial
release agency is located, be readily available to the public and
updated on a weekly basis. (S: Bunch; H: Todd)
Oversight Corrections Committee comment:
Oversight Corrections Committee adopted and released to full committee
with additional remark that this basic information should already be
maintained in the records of pre-trial release programs. Converting
this public information into a registry format and making it more
accessible to the public by having it available in the clerk's office
will require additional work for pre-trial agencies. The amount of
additional work will depend upon the level of automation of their
current systems and the
compatibility of their computer system, if any, with their clerk's
office. Improving the availability of this basic information for the
public will assist in ensuring that pre-trial release programs are
accountable for the effectiveness and safety of their programs.
Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Criminal Practice Subcommittee 04/02/2008.
Other Status: Oversight Corrections Committee 03/12/2007 reviewed, comment adopted and released to full committee.
|
SB 1184
HB 0799*
(Full Text) |
Study on capital punishment. Requires attorney general and
reporter to conduct a study of state's readiness to meet constitutional
requirements for imposing capital punishment. Report will be submitted
to the speakers by October 1, 2007. (S: Black; H: Casada)
Oversight Corrections Committee comment:
Oversight Corrections Committee adopted and released to full committee
with additional remark that the governor has recently requested that a
similar study be conducted by the department of correction with the
assistance of other appropriate agencies. Prior to passage of this
bill, there needs to be an examination of the issues being addressed in
the governor's requested study to avoid duplication of efforts and to
ensure coordination of efforts related to imposing capital punishment.
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Criminal Practice Subcommittee.
Other Status: Oversight Corrections Committee 03/12/2007 reviewed, comment adopted and released to full committee.
|
SB 1251
HB 0863*
(Full Text) |
Service of process at business location. Requires civil process
server attempting to serve lawful process at a business address to call
business first and attempt to arrange convenient time and place at the
business for service of process. Prohibits business from refusing the
civil process server access to the employee if no agreement is reached.
(S: Burchett; H: Brooks, Harry)
Judicial Council comment:
The Judicial Council acknowledged the safety concerns addressed by this
bill, but also noted that persons may evade process if the process
server complies with the bill's notice requirement.
Senate Status: Referred to Senate Judiciary.
House Status: Failed in House Civil Practice Subcommittee 04/17/2007.
Other Status: Tennessee Judicial Council reviewed 03/08/2007 with comment.
|
SB 1499*
HB 1477
(Full Text) |
Admissible evidence in certain cases involving children. Declares
that a videotaped statement made by a child under 13 years old
describing sexual contact or physical abuse is admissible as evidence
if the court determines its reliability and the child is able to be
called as a witness for either party or the child is unavailable as a
witness. (S: Black; H: Sontany)
House Co-Sponsor: Todd
Senate Status: Taken off notice in Senate Judiciary 05/09/2007.
House Status: House Judiciary Committee deferred to the summer study calendar.
|
SB 1609
HB 0411*
(Full Text) |
Use of force in self defense. Specifies when use of deadly force
in self defense is justified. Expands the circumstances under which a
person using deadly force for self-defense is considered immune from
civil liability. Permits the use of deadly force for self-defense when
there is reasonable belief of death in not only a person's residence
(current law) but also in such person's dwelling or vehicle. Defines
residence to include any dwelling or building within the curtilage of
one's residence. (S: Norris; H: Todd) Senate Status: Taken off notice in Senate Judiciary 04/24/2007.
House Status: Taken off notice in House Criminal Practice Subcommittee 04/02/2008.
|
SB 1636
HB 1134*
(Full Text) |
Sunshine in Litigation Act. Prohibits a court from entering an
order or judgement that conceals a public hazard or any information
concerning a public hazard. Declares void any part of an agreement that
conceals a public hazard or information the public may use to protect
itself from injury resulting from public hazard. Provides exception for
protected trade secrets. (S: Jackson; H: Buck)
Judicial Council comment:
the Judicial Council advised to use the comment previously issued for
this recurring legislation. The Judicial Council last commented on this
legislation in 2001. We are attempting to locate the comment.
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Civil Practice Subcommittee.
Other Status: Tennessee Judicial Council reviewed the bill with no comment 03/22/2007.
|
SB 1684*
HB 2297
(Full Text) |
Use of force in self-defense. Specifies when use of deadly force
in self defense is justified. Expands the circumstances under which a
person using deadly force for self-defense is considered immune from
civil liability. Permits the use of deadly force for self-defense when
there is reasonable belief of death in not only a person's residence
(current law) but also in such person's dwelling. Defines residence to
include any dwelling or building within the curtilage of one's
residence. (S: Herron; H: Maddox) Senate Status: Taken off notice in Senate Judiciary 05/16/2007.
House Status: Taken off notice in House Criminal Practice Subcommittee 04/11/2007.
|
SB 1864
HB 0171*
(Full Text) |
Civil immunity for persons using force in self defense. Specifies
when use of deadly force in self defense is justified. Expands the
circumstances under which a person using deadly force for self-defense
is considered immune from civil liability. Permits the use of deadly
force for self-defense when there is reasonable belief of death in not
only a person's residence (current law) but also in such person's
dwelling or vehicle. Defines residence to include any dwelling or
building within the curtilage of one's residence. (S: Johnson J.; H:
Casada)
Senate Co-Sponsors: Tracy; Stanley
Senate Status: Taken off notice in Senate Judiciary 04/17/2007.
House Status: Referred to House Judiciary Criminal Practice Subcommittee.
|
SB 1869
HB 0878*
(Full Text) |
Proof of lawful permanent residency requirements. Requires proof
of lawful permanent residency supported by U.S. government documents to
obtain driver license in Tennessee and to receive public benefits.
Certificates for driving issued to immigrants without proper U.S.
government documentation prior to this act will not be renewed after
expiration. (S: Johnson J.; H: Johnson P.)
Senate Co-Sponsors: Tracy; Stanley
Senate Status: Taken off notice in Senate Transportation 04/18/2007.
House Status: Referred to House Government Operations.
|
SB 2296
HB 1952*
(Full Text) |
Violations of ex parte orders of protection. Includes ex parte
order of protection in violations where arrest is allowed without a
warrant. Extends provision by which an ex parte order of protection can
be enforced by arrest to include respondents who have acquired
knowledge of the order rather than simply those who have been served.
Makes violation of an ex parte order of protection subject to Class C
misdemeanor. (S: Beavers; H: Lynn) Senate Status: Senate Judiciary deferred to 04/17/2007.
House Status: Failed in House Criminal Practice Subcommittee 04/18/2007.
|
SB 2595*
HB 3171
(Full Text) |
Criminal cases involving teachers. Prohibits a district attorney
general from entering into a plea agreement in criminal cases where the
defendant is a teacher and the victim is a student. Allows the district
attorney general to submit the proposed plea agreement to the attorney
general and reporter for review. Requires the attorney general to
review the proposed plea agreement and decide whether it is in the best
interest of the state and victim to enter into the agreement. (S:
Burchett; H: Buck) Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Criminal Practice Subcommittee.
|
SB 2623*
HB 2597
(Full Text) |
DUI - timetable for breath alcohol test. Changes how the
two-hour period within which breath alcohol test must be administered
to be used as evidence is calculated. It states that the two-hour limit
is measured at the time of the arrest or physical custody until the
breath test is conducted. Also provides that two-hour period does not
apply to test for drug content or where serious bodily injury or death
to another is involved. (S: Black; H: Coleman)
Senate Co-Sponsors:
Beavers; Finney R. Senate amendment 1 rewrites the bill. Deletes the
present law requirement that a blood alcohol test or drug test must be
administered within two hours of a person's arrest or initial detention
in order for the results of the test to be admissible in court. Senate Status: Senate passed 02/28/2008 with previously adopted amendment 1.
House Status: House passed 05/06/2008.
Other Status: Sent to the speakers for signatures 05/06/2008.
|
SB 2680*
HB 3333
(Full Text) |
TN Death Penalty Open File Discovery Act of 2008. Sets forth
requirements for prosecution of first degree murder trials in which the
attorney general intends to seek the death penalty or life imprisonment
without parole. Requires the AG to make all relevant documents,
tangible objects and statements available to the defendant once they
are discovered. Directs the AG to give the defendant notice of any
expert witnesses that the state reasonably expects to call as a witness
at trial, and requires the witness to provide a report of any
examinations or tests conducted by the expert as well as his/her
opinion on the trial. Character witnesses' identity must also be
disclosed to the defendant. Directs law enforcement to make available
to the AG any information acquired during investigations or after the
start of the trial relative to the defendant's crime. Exempts written
material prepared by the prosecution or legal staff. Authorizes the
court to facilitate and protect the provisions
under this part relative to discovery and inspection. Enumerates
punishments for AGs not complying with these requirements, including
prohibition of evidence and mistrial. (S: Jackson; H: Coleman)
Judicial Council Comment:
The Judicial Council concluded that it would be premature to comment
upon this legislation, which is not in its final form. The legislation
has not been considered by the General Assembly's Committee to Study
the Administration of Tennessee's Death Penalty System. Moreover,
although the sponsors have not filed an amendment, the Judicial Council
understands that the sponsors anticipate making substantial changes to
this legislation.
Senate Status: Referred to Senate Judiciary.
House Status: House Judiciary Criminal Practice Subcommittee 04/02/2008 deferred subject to call of chair.
Other Status: Tennessee Judicial Council reviewed the bill with no comment 04/03/2008.
|
SB 2682*
HB 3334
(Full Text) |
TN Death Penalty Representation Services Act of 2008. Creates
the Commission of Tennessee Death Penalty Representation Services and
the Office of Tennessee Death Penalty Representation Services, which
shall be administered by the director of Tennessee Death Penalty
Representation Services. Specifies the membership and powers of each.
Declares that the office, director, and commission shall exist within
the judicial department. States these shall have as their principal
purpose the development and improvement of programs by which the Office
of Tennessee Death Penalty Representation Services provides legal
representation and related services to indigent persons. Authorizes the
commission to establish the following: enhanced oversight of the
delivery of counsel and related services provided at state expense;
improved quality of representation and the ensured independence of
counsel; uniform policies and procedures for the delivery of services;
reliable statistical information in
order to evaluate the services provided and funds; and delivery of
services in the most efficient and cost effective manner without
sacrificing quality representation. Requires the commission to
determine the methods and standards for delivering legal representation
and to establish in each judicial district a system for the appointment
of counsel that best utilizes legal services provided by public
defenders and assigned private counsel. Provides that the Office of
Tennessee Death Penalty Representation Services shall be responsible
for establishing, supervising, and maintaining a system for providing
legal representation by public defenders, assigned private counsel, and
the office itself in any stage of a proceeding in any state court
involving a death eligible client or death case. Specifies that the
office shall also develop policies and procedures for determining
indigence in such cases, and that those policies shall be applied
uniformly throughout the state. Authorizes the
office to appoint legal counsel in all death eligible cases; to
determine the rate of compensation to be paid to appointed counsel; and
to develop a procedure for monitoring the performance of counsel
providing representation in capital proceedings. Requires the director
of the Office of Tennessee Death Penalty Representation Services to
prepare and submit to the commission a proposed budget for the office
as well as an annual report containing pertinent data on the
operations, costs, and needs of the office. Obligates the director to
assist the commission in developing rules and standards for the
delivery of services; administering and coordinating the operations of
the office; and supervising compliance with standards adopted by the
commission. Requires a party to any death eligible case who is seeking
court appointed counsel to complete and submit to the court an
affidavit of indigence form provided by the office. Requires the court,
upon inquiry, to make a finding as to the
indigence of the party pursuant to þ 40-14-202 and Tennessee Supreme
Court Rule 13, which finding shall be evidenced by a court order.
Requires the office to assume responsibility for the provision of
representation if the court finds the party in a death eligible case to
be indigent. (12 pp.) (S: Jackson; H: Coleman)
Judicial Council Comment:
The Judicial Council concluded that it would be premature to comment
upon this legislation, which may not be in its final form and has not
been considered by the General Assembly's Committee to Study the
Administration of Tennessee's Death Penalty System.
Senate Status: Taken off notice in Senate Government Operations 04/09/2008.
House Status: House Judiciary Criminal Practice Subcommittee deferred 04/02/2008 subject to call of chair.
Other Status: Tennessee Judicial Council reviewed the bill with no comment 04/03/2008.
|
SB 2718*
HB 2733
(Full Text) |
Study committee on administration of the death penalty. Extends
the date for the special committee to study the administration of the
death penalty to report its findings to the governor and general
assembly to October 1, 2009 from one year from the date of its members'
appointments. (S: Jackson; H: Coleman)
House Co-Sponsor: Dunn Senate amendment 1 changes reporting date from October 1, 2009 to January 1, 2009.
Senate Status: Senate 04/29/2008 passed with amendment 1.
House Status: House Finance Budget Subcommittee 05/07/2008 set behind budget.
|
SB 2772*
HB 3383
(Full Text) |
Notice to person employing bail bondsman. Requires notice given
to person employing the service of a bail bondsman to include a
statement that specifies if a person is able to make a cash deposit
with the court clerk in an amount equal to 100 percent of the bail set
then such person may execute his or her own bail bond without utilizing
the services of a bail bondsman. (S: Bunch; H: Bell) Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Civil Practice Subcommittee.
|
SB 2847*
HB 3653
(Full Text) |
Pretrial diversion and judicial diversion. Authorizes the
parties in a pretrial diversion memorandum to agree to and the judge in
a judicial diversion order to require that the defendant serve not more
than 30 days in a county jail or workhouse. (S: Johnson J.; H: DuBois)
Judicial Council Comment:
Authorizes the parties in a pretrial diversion memorandum to agree to
and the judge in a judicial diversion order to require that the
defendant serve not more than 30 days in a county jail or workhouse.
The Judicial Council noted that the Office of the Attorney General may
wish to issue an opinion regarding the implications of ordering the
incarceration of a defendant against whom a judgment has not been
entered. The Attorney General may wish to address the propriety of such
an incarceration as well as any liability issues which may arise as a
result of such a person's incarceration.
Senate Status: Re-referred to Senate Calendar Committee 04/10/2008.
House Status: Referred to House Judiciary Criminal Practice Subcommittee.
Other Status: Tennessee Judicial Council reviewed 02/21/2008 with comment.
|
SB 2960
HB 2844*
(Full Text) |
Expands definition of first-degree murder. Expands the
definition of first-degree murder to include killing of law enforcement
officer during perpetration of any felony if the officer was acting in
official capacity and defendant knew or should have known that the
victim was a law enforcement officer. (S: Ketron; H: DuBois) Senate Status: Senate Judiciary 04/15/2008 recommended. Sent to Senate Finance, Ways & Means.
House Status: Set for House Finance, Ways & Means Budget Subcommittee Addendum 05/13/2008.
|
SB 3088*
HB 3099
(Full Text) |
Selling tickets to public events. Makes it a criminal offense
for any person or entity to sell, barter, or exchange more than 10
tickets per individual for any single public event. Limits the amount
that any ticket to a public event can be resold for to the original
face value of the ticket. Makes violation of the law a Class C
misdemeanor. (S: McNally; H: Curtiss) Senate Status: Taken off notice in Senate Judiciary 04/29/2008.
House Status: House Judiciary Committee deferred to summer study.
|
SB 3101*
HB 3174
(Full Text) |
Immunity for reporting suspected child abuse extended. Adds
additional immunity for health care workers who make reports at the
request of law enforcement relative to suspected child abuse. (S:
Henry; H: Gilmore) Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Criminal Practice Subcommittee 02/27/2008.
|
SB 3148
HB 2918*
(Full Text) |
Sex offender registry. Adds offense of bestiality to list of
sexual offenses that require a person to be on the sexual offender
registry. Requires sexual offenders convicted prior to January 1, 1995,
to stay on sex offender registry for five years from August 1, 2007,
before petitioning for removal. Makes community correction advisory
board a registering agency. Requires TBI to verify notice of death of
person on the registry by obtaining a death certificate before removing
offender from registry. (S: Black; H: Maggart)
Oversight Corrections Committee comment:
Neither the Board nor Community Corrections programs at this time are
equipped or staffed to become a registry site for sex offenders as are
the local Sheriff or Police Departments. It should be noted that all
Community Corrections do not have access to NCIC (National Crime
Information Center) such as Privates and Human Resources programs. To
accomplish the above all programs would have to be NCIC certified to
make
entries.
Senate Status: Referred to Senate Calendar Committee 04/30/2008.
House Status: House Judiciary 04/16/2008 recommended with amendment. Sent to House Finance, Ways & Means.
Other Status: Oversight Corrections C |
