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As enacted, enlarges optional projects as pilot programs permissible under Tennessee Tollway Act to include: (1) presently permissible single highway project and single major bridge project, (2) two highway projects or (3) two major bridge projects. - Amends TCA Section 54-3-113.
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AN ACT to amend Tennessee Code Annotated, Section 54-3-113, relative to the Tennessee Tollway Act pilot programs. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: SECTION 1. Tennessee Code Annotated, Section 54-3-113, is amended by deleting subsection (b) in its entirety and by substituting instead the following: (b) The pilot program created by this chapter shall be limited to the following: (1) (A) One (1) new highway project, including any bridges and other structures that may be necessary to complete the project; and (B) One (1) major bridge project crossing a major river, together with any related highway facilities and structures needed to complete the project and give it logical termini; or (2) Two (2) new highway projects, including any bridges and other structures that may be necessary to complete each project; or (3) Two (2) major bridge projects crossing a major river, together with any related highway facilities and structures needed to complete each project and give it logical termini. SECTION 2. This act shall take effect upon becoming a law, the public welfare requiring it.
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As enacted, enlarges optional projects as pilot programs permissible under Tennessee Tollway Act to include: (1) presently permissible single highway project and single major bridge project, (2) two highway projects or (3) two major bridge projects. - Amends TCA Section 54-3-113.
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As introduced, enacts the "Equal and Fair Parenting Act" to create a rebuttable presumption that equally shared parenting is the custody arrangement in the best interest of a child. - Amends TCA Title 36, Chapter 6, Part 1.
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AN ACT to amend Tennessee Code Annotated, Title 36, Chapter 6, Part 1, to enact the Equal and Fair Parenting Act . BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: SECTION 1. This act shall be known, and may be cited, as the Equal and Fair Parenting Act . SECTION 2. Tennessee Code Annotated, Section 36-6-101(a)(2)(A)(i), is amended by deleting the current language in its entirety and by substituting instead the following: (i) Except as provided in this subdivision (a)(2)(A), the court shall have the widest discretion to order a custody arrangement that is in the best interest of the child. Unless the court finds by a preponderance of evidence to the contrary, or where the parents have agreed to a different custody arrangement, at a hearing for the purpose of determining the custody of the minor child, there shall be a rebuttable presumption that equally shared parenting is in the best interest of the child. For the purpose of assisting the court in making a determination whether an award of equitably-shared parenting is inappropriate, the court may direct that an investigation be conducted. The burden of proof necessary to modify an order of shared parenting at a subsequent proceeding shall be by a preponderance of the evidence. SECTION 3. This act shall take effect upon becoming a law, the public welfare requiring it.
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As introduced, enacts the "Equal and Fair Parenting Act" to create a rebuttable presumption that equally shared parenting is the custody arrangement in the best interest of a child. - Amends TCA Title 36, Chapter 6, Part 1.
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Subject to local approval, repeals the ban on partisan elections for county executive and county legislative body of Rhea County.
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AN ACT to repeal Chapter 322 of the Private Acts of 1978; and any other acts amendatory thereto, relative to Rhea County elections of the county executive and county legislative body. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: SECTION 1. Chapter 322 of the Private Acts of 1978 is hereby repealed. SECTION 2. This act shall have no effect unless it is approved by a two-thirds (2/3) vote of the legislative body of Rhea County. Its approval or nonapproval shall be proclaimed by the presiding officer of Rhea County and certified to the secretary of state. SECTION 3. For the purpose of approving or rejecting the provisions of this act, it shall be effective upon becoming a law, the public welfare requiring it. For all other purposes, it shall become effective as provided in Section 2.
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Subject to local approval, repeals the ban on partisan elections for county executive and county legislative body of Rhea County.
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As introduced, provides that person exempt from classroom and firing range training requirement by reason of prior military experience is also exempt from payment of $115 application and processing fee. - Amends TCA Title 39, Chapter 17, Part 13.
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AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 17, Part 13, relative to handgun carry permits. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: SECTION 1. Tennessee Code Annotated, Section 39-17-1351, is amended by adding the following new subdivision (4) to subsection (p): (4) If a person s application contains proof sufficient for the department to determine that the person is exempt from the firing range and classroom hours requirement under subsection (e)(4), such person shall not be required to pay the one hundred fifteen dollar ($115) application and processing fee required by this subsection. SECTION 2. This act shall take effect July 1, 2009, the public welfare requiring it.
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As introduced, provides that person exempt from classroom and firing range training requirement by reason of prior military experience is also exempt from payment of $115 application and processing fee. - Amends TCA Title 39, Chapter 17, Part 13.
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As introduced, requires that a court in making a decree or order for child support set a presumptive date for the termination of the current child support obligation. - Amends TCA Section 36-5-101.
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AN ACT to amend Tennessee Code Annotated, Section 36-5-101, relative to child support. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: SECTION 1. Tennessee Code Annotated, Section 36-5-101(c)(1), is amended by deleting the subdivision in its entirety and by substituting instead the following: (c) (1) (A) The court shall set a specific amount of support that is due each month, to be paid in one (1) or more payments as the court directs; (B) (i) In entering any judicial decree or order of support pursuant to this chapter, the court shall consider the provisions of 34-1-102(b) and shall establish a presumptive date for termination of the current child support obligation. The presumptive date for termination of current child support shall not end the obligation to pay any child support arrears, genetic testing fees, or other fees or court costs which may have accrued or be due as of the presumptive termination date; (ii) The presumptive termination date shall be included in the order and shall be the eighteenth (18th) birthday of the youngest child included in the order unless the court determines that the youngest child is or may still be in high school on the youngest child s eighteenth (18th) birthday, in which case the court shall set the presumptive date of termination of the support obligation as the latter of: (a) The last day of the month of the anticipated date the youngest child included in the order graduates from high school after reaching eighteen (18) years of age; (b) The last day of the month of the anticipated date that the class of which such child is a member when the child will attain eighteen (18) years of age graduates, whichever occurs first; (iii) The presumptive termination date may be modified upon motion of the obligee, the obligor, or the department of human services or its contractors at any time any of them determine that changed circumstances may warrant a modification. The motion may be filed prior to or within six (6) months of the last established presumptive termination date. The court shall expedite any hearings concerning extension of the presumptive support termination date; (iv) The filing of a motion to modify the presumptive termination date, when filed prior to the date previously set by the court as the presumptive termination date, shall stay the termination of support payments based upon such date until such time as the court makes a determination concerning modification of the presumptive date. The person legally obligated to pay support shall continue to pay support in the amount directed in the order in existence at the time such motion is filed until the decision concerning the date of termination of support is entered by the court or pending further orders of the court concerning the continuation of support payments pending a final hearing on the motion; (v) If the court grants any motion for the extension of the presumptive termination date, and a person legally obligated to pay support ceases payment while the motion is pending or has previously ceased payment based upon any assumption as to the termination date of support, such person shall be ordered by the court to pay all amounts found by the court to be owing as a result of such cessation. Notwithstanding any other law to the contrary, the court shall order such payments be paid either in a lump sum to the obligee or, in Title IV-D cases, to the department of human services, and to the clerk of court for any fees and costs due in the case or, for good cause, in such amounts as will eliminate the balance owing over a period not to exceed six (6) months from the date of the order; (vi) Absent a court order to the contrary, and notwithstanding any other provisions of this subsection (c) to the contrary, if an arrearage for child support, genetic testing fees or fees due as court costs exists at the time an order for child support would otherwise presumptively terminate, the order of support, or any then existing income withholding arrangement, and all amounts ordered for payment of current support or arrears, including any arrears due for court costs or genetic tests or fees due as court costs, shall continue in effect in an amount equal to the then existing support order or income withholding arrangement until the arrearage, fees and costs due are satisfied. The court may enforce all orders for such arrearages, fees and costs by contempt; and (vii) Each order entered under this section shall contain the current address of the parties. SECTION 2. This act shall take effect July 1, 2009, the public welfare requiring it and shall apply to any new or modified child support order entered on or after the effective date of this act.
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As introduced, requires that a court in making a decree or order for child support set a presumptive date for the termination of the current child support obligation. - Amends TCA Section 36-5-101.
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As introduced, creates the Tennessee Education Lottery financial assistance grant for certain students who are financially needy. - Amends TCA Title 49, Chapter 4, Part 9.
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AN ACT to amend Tennessee Code Annotated, Title 49, Chapter 4, Part 9, relative to postsecondary financial assistance from net lottery proceeds. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: SECTION 1. Tennessee Code Annotated, Section 49-4-902, is amended by adding the following language as a new, appropriately designated subdivision: ( ) "TEL financial assistance grant" means a Tennessee education lottery financial assistance grant awarded pursuant to 49-4-941; SECTION 2. Tennessee Code Annotated, Title 49, Chapter 4, Part 9, is amended by adding the following language as a new section to be designated as follows: 49-4-941. (a) To be eligible for a TEL financial assistance grant a student shall: (1) Not be ineligible for a grant under 49-4-904; (2) (A) Meet all nonacademic requirements for a Tennessee HOPE scholarship or Tennessee HOPE access grant as an entering freshman or as a transfer student under 49-4-929 in the 2009-2010 academic year or an academic year thereafter; or (B) Be a first-time recipient of a Tennessee HOPE scholarship for nontraditional students during the 2009-2010 academic year or an academic year thereafter; (3) Qualify for an award under the federal Pell grant program; (4) Make application for the TEL financial assistance grant; and (5) Be admitted to and enroll in an eligible postsecondary institution. (b) Subject to the amounts appropriated by the general assembly and any provision of law relating to a shortfall in funds available for postsecondary financial assistance from the net proceeds of the state lottery, a TEL financial assistance grant shall be one thousand dollars ($1,000) for full-time attendance for the 2009-2010 academic year. For academic years subsequent to the 2009-2010 academic year, the amount of such scholarship shall be determined in accordance with 4-51-111 and shall be set in the general appropriations act. (c) To continue to receive a TEL financial assistance grant, a student shall continue to meet all applicable nonacademic requirements for the Tennessee HOPE scholarship, shall maintain satisfactory progress at the institution in which the student is enrolled as required by the federal Pell grant program and shall reapply for the grant when reapplying for the Pell grant. (d) Receipt of a TEL financial assistance grant shall be subject to the limitations of 49-4-913. Section 49-4-919 shall apply to students receiving a TEL financial assistance grant. (e) A student who does not qualify for a Pell grant shall be ineligible for a TEL financial assistance grant. If a student receiving a TEL financial assistance grant ceases to be eligible for the TEL financial assistance grant at any time for any reason, then the student shall not be able to regain the TEL financial assistance grant. (f) A student shall receive the TEL financial assistance grant even though the student qualifies for no other postsecondary financial assistance from net lottery proceeds or in addition to any other postsecondary financial assistance from net lottery proceeds for which the student qualifies. SECTION 3. The provisions of this act shall not be construed to be an appropriation of funds and no funds shall be obligated or expended pursuant to this act unless such funds are specifically appropriated by the general appropriations act. SECTION 4. This act shall take effect upon becoming a law, the public welfare requiring it, and shall apply to students who are seeking postsecondary assistance from net lottery proceeds for the 2009-2010 academic year and academic years thereafter.
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As introduced, creates the Tennessee Education Lottery financial assistance grant for certain students who are financially needy. - Amends TCA Title 49, Chapter 4, Part 9.
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As introduced, reduces sales and use tax on food and food ingredients from 5.5 percent to 4.5 percent. - Amends amend TCA Title 67, Chapter 6.
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AN ACT to amend Tennessee Code Annotated, Title 67, Chapter 6, relative to sales and use tax on food and food ingredients. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: SECTION 1. Tennessee Code Annotated, Section 67-6-228(a), is amended by deleting the language "five and one half percent (5.5%)" and by substituting instead the language "four and one half percent (4.5%)". SECTION 2. This act shall take effect July 1, 2009, the public welfare requiring it.
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As introduced, reduces sales and use tax on food and food ingredients from 5.5 percent to 4.5 percent. - Amends amend TCA Title 67, Chapter 6.
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As introduced, limits fee that high-cost home loan lenders may charge for third or subsequent pay-off statement provided to borrower in 12-month period to $10.00. - Amends TCA Title 45 and Title 62, Chapter 13.
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AN ACT to amend Tennessee Code Annotated, Title 45 and Title 62, Chapter 13. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: SECTION 1. Tennessee Code Annotated, Section 45-20-103, is amended by deleting subdivision (2)(D) in its entirety and substituting instead the following: (2)(D) A lender or servicer may charge a reasonable fee, not to exceed ten dollars ($10.00) per statement, for any additional requests for a pay-off statement during the twelve-month period; SECTION 2. This act shall take effect upon becoming a law, the public welfare requiring it.
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As introduced, limits fee that high-cost home loan lenders may charge for third or subsequent pay-off statement provided to borrower in 12-month period to $10.00. - Amends TCA Title 45 and Title 62, Chapter 13.
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As introduced, requires a voter to present qualified photographic identification before voting; voters without proper identification shall be allowed to cast provisional ballots. - Amends TCA Title 2, Chapter 7.
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AN ACT to amend Tennessee Code Annotated, Title 2, Chapter 7, relative to requiring photo identification prior to voting. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: SECTION 1. Tennessee Code Annotated, Section 2-7-112(a)(1), is amended by inserting the following language to immediately follow the first sentence of the subdivision: In addition, the voter shall present to the registrar one (1) form of identification that bears the name, address and photograph of the voter. SECTION 2. Tennessee Code Annotated, Section 2-7-112, is amended by deleting subsection (c) in its entirety and by substituting instead the following: (c) For purposes of comparing the person's signature on the application for ballot, "evidence of identification" shall be: (1) A Tennessee driver license; (2) A valid identification card issued by a branch, department, agency or entity of the state of Tennessee, any other state, or the United States authorized by law to issue personal identification, provided that such identification card contains a photograph of the voter; (3) A valid identification card issued pursuant to 55-50-336; (4) A valid United States passport; (5) A valid employee identification card issued by a branch, department, agency or entity of the state of Tennessee, any other state, or the United States authorized by law to issue personal identification, provided that such identification card contains a photograph of the voter; or (6) A valid United States military identification card, provided that such identification card contains a photograph of the voter. SECTION 3. Tennessee Code Annotated, Section 2-7-112, is further amended by adding a new subsection thereto, as follows: (e) If a voter is unable to present any evidence of identification specified in subsection (c), the voter shall be entitled to vote a provisional ballot under the procedures of this section. Such provisional ballot shall only be counted if the central provisional ballot counting board is able to verify current and valid identification of the voter as provided in subsection (c) and the voter has met all the requirements of provisional ballots as provided in subdivision (a)(3). SECTION 4. (a) If a voter does not have any of the identification described in 2-7-112(c) and is unable to afford a valid identification card issued pursuant to 55-50-336, such identification card shall be issued to the voter upon the voter's signing a pauper's oath. (b) At the time a person files an application with the department of safety to obtain such card for the purposes described in subsection (a), the applicant shall file an accompanying affidavit of indigency in order to have any fees waived for such identification card. SECTION 5. If any provision of this act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to that end the provisions of this act are declared to be severable. SECTION 6. This act shall take effect upon becoming a law, the public welfare requiring it.
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As introduced, requires a voter to present qualified photographic identification before voting; voters without proper identification shall be allowed to cast provisional ballots. - Amends TCA Title 2, Chapter 7.
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As introduced, requires identification and proof of citizenship for voter registration; requires a voter to present qualified photographic identification before voting; voters without proper identification shall be allowed to cast provisional ballots. - Amends TCA Title 2, Chapter 2 and Title 2, Chapter 7.
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AN ACT to amend Tennessee Code Annotated, Title 2, Chapter 2; Title 2, Chapter 7 and Section 55-50-336, relative to identification requirements. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: SECTION 1. Tennessee Code Annotated, Section 2-2-115(a), is amended by deleting the language postal card and by substituting instead the language registration . SECTION 2. Tennessee Code Annotated, Section 2-2-115(b)(2), is amended by deleting that subdivision in its entirety and by substituting instead the following: (2) Printed registration forms shall include the following: (A) The date the registrant signed the form; (B) The given name of the registrant, middle name, if any, and surname; (C) The complete address of the registrant s actual place of residence, including street name and number, apartment or space number, city or town and zip code, or such description of the location of the residence that it can be readily ascertained or identified; (D) The complete mailing address of the registrant, if different from the registrant s residence address, including post office address, city or town, zip code or other designation used by the registrant for receiving mail; (E) Party preference; (F) Telephone number, unless unlisted; (G) State or country of birth; (H) Date of birth; (I) Occupation; (J) Indian census number (at the option of the registrant); (K) Father s name or mother s maiden name; (L) The registrant s social security number; (M) A statement as to whether or not the registrant is currently registered in another state, county or precinct, and if so, the name, address, county and state of previous registration; (N) A statement that the registrant is a citizen of the United States; (O) A statement that the registrant will be eighteen (18) years of age on or before the date of the next general election; (P) A statement that the registrant has not been convicted of treason or a felony, or if so, that the registrant s civil rights have been restored; (Q) A statement that the registrant is a resident of this state and of the county in which the registrant is registering; (R) The signature of the registrant; (S) If the registrant is unable to sign the form, a statement that the affidavit was completed according to the registrant s direction; (T) A statement that if an applicant declines to register to vote, the fact that the applicant has declined to register will remain confidential and will be used only for voter registration purposes; (U) A statement that if an applicant does register to vote, the office at which the applicant submits a voter registration application will remain confidential and will be used only for voter registration purposes; and (V) A statement that the applicant shall submit evidence of United States citizenship with the application and that the registrar shall reject the application if no evidence of citizenship is attached. SECTION 3. Tennessee Code Annotated, Section 2-2-116, is amended by deleting subsection (c) in its entirety and by substituting instead the following: (c) The permanent registration record shall include all information required to be contained on or submitted with the registration form pursuant to 2-2-115, and shall be signed by the registrant and witnessed by the administrator of elections or the administrator s designee, and shall include the following statement of the registrant: I, being duly sworn on oath (or affirmation) declare that I am a citizen of the United States, that the above address is my legal residence, and that I plan to remain at such residence for an undetermined period of time. To the best of my knowledge and belief all of the foregoing statements made by me are true. SECTION 4. Tennessee Code Annotated, Title 2, Chapter 2, Part 1, is amended by inserting the following as a new section thereto: Section 2-2-141. (a) The administrator of elections shall reject any application for registration that is not accompanied by satisfactory evidence of United States citizenship. Satisfactory evidence of citizenship shall include any of the following: (1) The number of the applicant s driver license issued by the department of safety or a driver license, driver certificate, or non-operating identification license issued by the equivalent governmental agency of another state within the United States if the agency indicates on the applicant s driver license, driver certificate or non-operating identification license that the person has provided satisfactory proof of United States citizenship; (2) A legible photocopy of the applicant s birth certificate that verifies citizenship to the satisfaction of the administrator of elections; (3) A legible photocopy of pertinent pages of the applicant s United States passport identifying the applicant and the applicant s passport number, or presentation to the administrator of elections of the applicant s United States passport; (4) Presentation to the administrator of elections of the applicant s United States naturalization documents or the number of the certificate of naturalization. If only the number of the certificate of naturalization is provided, the applicant shall not be included in the registration rolls until the number of the certificate of naturalization is verified with the United States immigration and naturalization service by the administrator of elections; (5) Other documents or methods of proof that are established pursuant to the federal Immigration Reform and Control Act of 1986; or (6) The applicant s federal Bureau of Indian Affairs card number, tribal treaty card number or tribal enrollment number. (b) Notwithstanding subsection (a), any person who is registered in this state on the effective date of this section is deemed to have provided satisfactory evidence of citizenship and shall not be required to resubmit evidence of citizenship unless the person is changing voter registration from one county to another. (c) For the purposes of this section, proof of voter registration from another state or county is not satisfactory evidence of citizenship. (d) After citizenship has been demonstrated to the administrator of elections, the person is not required to resubmit satisfactory evidence of citizenship in that county. (e) After a person has submitted satisfactory evidence of citizenship, the administrator of elections' recorder shall indicate this information in the person s permanent voter file. After two (2) years the administrator of elections may destroy all documents that were submitted as evidence of citizenship. SECTION 5. Tennessee Code Annotated, Section 2-7-112(a)(1), is amended by inserting the following language to immediately follow the first sentence of the subdivision: In addition, the voter shall present to the registrar one (1) form of identification that bears the name, address and photograph of the voter or two (2) different forms of identification that bear the name and address of the voter. SECTION 6. Tennessee Code Annotated, Section 2-7-112, is amended by deleting subsection (c) in its entirety and by substituting instead the following: (c) For purposes of comparing the person's signature on the application for ballot, "evidence of identification" shall be: (1) A Tennessee driver license; (2) A valid identification card issued by a branch, department, agency or entity of the state of Tennessee, any other state, or the United States authorized by law to issue personal identification, provided that such identification card contains a photograph of the voter; (3) A valid identification card issued pursuant to 55-50-336; (4) A valid United States passport; (5) A valid employee identification card issued by a branch, department, agency or entity of the state of Tennessee, any other state, or the United States authorized by law to issue personal identification, provided that such identification card contains a photograph of the voter; or (6) A valid United States military identification card, provided that such identification card contains a photograph of the voter. SECTION 7. Tennessee Code Annotated, Section 2-7-112, is further amended by adding a new subsection thereto, as follows: (e) If a voter is unable to present any evidence of identification specified in subsection (c), the voter shall be entitled to vote a provisional ballot under the procedures of this section. Such provisional ballot shall only be counted if the central provisional ballot counting board is able to verify current and valid identification of the voter as provided in subsection (c) and the voter has met all the requirements of provisional ballots as provided in subdivision (a)(3). SECTION 8. (a) If a voter does not have any of the identification described in 2-7-112(c) and is unable to afford a valid identification card issued pursuant to 55-50-336, such identification card shall be issued to the voter upon the voter's signing a pauper's oath. (b) At the time a person files an application with the department of safety to obtain such card for the purposes described in subsection (a), the applicant shall file an accompanying affidavit of indigency in order to have any fees waived for such identification card. SECTION 9. If any provision of this act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to that end the provisions of this act are declared to be severable. SECTION 10. This act shall take effect upon becoming a law, the public welfare requiring it.
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As introduced, requires identification and proof of citizenship for voter registration; requires a voter to present qualified photographic identification before voting; voters without proper identification shall be allowed to cast provisional ballots. - Amends TCA Title 2, Chapter 2 and Title 2, Chapter 7.
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As introduced, provides that there is no residency requirement to be a police officer in a law enforcement agency employing more than 2,000 officers and any violation results in the agency's loss of revenue derived from forfeitures, confiscations, and seizures. - Amends TCA Title 38, Chapter 8, Part 1.
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AN ACT to amend Tennessee Code Annotated, Title 38, Chapter 8, Part 1, relative to the qualifications for police officers. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: SECTION 1. Tennessee Code Annotated, Section 38-8-106, is amended by designating the existing language as subsection (a) and by adding the following new subsection (b): (b) (1) Notwithstanding any other provision of law, rule or ordinance to the contrary, there is no residency requirement to be or become a full-time or part-time law enforcement officer for any law enforcement agency employing at least two thousand (2,000) full-time law enforcement officers. Neither the law enforcement agency nor the governmental entity served by such law enforcement agency shall attempt to enforce a residency requirement, discriminate against, or otherwise use the place of residence of a law enforcement officer, or an applicant for the position of law enforcement officer, whether full-time or part-time, as a reason to or justification for adversely affecting the employment, promotion, retention, compensation, duty assignments or other job status of such officer or applicant. (2) If a law enforcement agency, or governmental entity served by such law enforcement agency, adopts, establishes or maintains, whether officially or in practice, a policy in violation of this subsection, the department of safety, through its hearing officers, shall order that all revenue derived from seized, forfeited or confiscated property to which the law enforcement agency in violation of this subsection would otherwise be entitled pursuant to 40-33-211, be deposited in the state general fund. The department shall continue to deposit such funds in the same manner until such policy is rescinded officially and in practice. SECTION 2. This act shall take effect upon becoming a law, the public welfare requiring it.
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As introduced, provides that there is no residency requirement to be a police officer in a law enforcement agency employing more than 2,000 officers and any violation results in the agency's loss of revenue derived from forfeitures, confiscations, and seizures. - Amends TCA Title 38, Chapter 8, Part 1.
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As introduced, provides that the publication requirement mandated by Article XI, Section 3, is satisfied if the proposed constitutional amendment is timely posted on the official Web site of the secretary of state or on the official Web site of the general assembly. - Amends TCA Title 3, Chapter 2.
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AN ACT to amend Tennessee Code Annotated, Title 3, Chapter 2, relative to publication of proposed constitutional amendments. WHEREAS, in Opinion No. 86-84, the attorney general observed that Article XI, Section 3, of the Tennessee Constitution, unlike the constitutions of some other states, does not specify a particular method of publication for proposed constitutional amendments; and WHEREAS, on such occasion, the attorney general also noted that Article XI, Section 3, requires the state to take some action to inform the public of a proposed constitutional amendment; and WHEREAS, in the case of American Civil Liberties Union of Tennessee v. Darnell, 195 S.W.3d 612, (Tenn. 2006), the Tennessee supreme court stated that the general assembly possesses authority to adopt a rule or enact a statute that defines the term "published" as used in Article XI, Section 3; now, therefore, BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: SECTION 1. Tennessee Code Annotated, Title 3, Chapter 2, Part 1, is amended by adding the following language as a new, appropriately designated section: 3-2-113. For purposes of the publication requirement set forth in the first sentence of Article XI, Section 3, of the Tennessee Constitution, a proposed constitutional amendment shall be deemed to have been sufficiently "published" if the amendment is timely posted on the official website of the secretary of state or on the official website of the general assembly. If the amendment is so posted, then no other form of publication is necessary to comply with such publication requirement. SECTION 2. This act shall take effect upon becoming a law, the public welfare requiring it.
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As introduced, provides that the publication requirement mandated by Article XI, Section 3, is satisfied if the proposed constitutional amendment is timely posted on the official Web site of the secretary of state or on the official Web site of the general assembly. - Amends TCA Title 3, Chapter 2.
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As introduced, when determining the amount of bail, creates a presumption that any defendant not lawfully present in the United States is a risk of flight. - Amends TCA Title 40.
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AN ACT to amend Tennessee Code Annotated, Title 40, relative to bail for illegal aliens. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: SECTION 1. Tennessee Code Annotated, Section 40-11-118, is amended by inserting the following language as a new subsection immediately after subsection (b) and by appropriately redesignating subsequent subsections: (c) After an inquiry into the citizenship status of the defendant, if it is determined that the defendant is not lawfully present in the United States, when determining the amount of bail, there shall be a presumption that the defendant is at risk of flight. SECTION 2. If any provision of this act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to that end the provisions of this act are declared to be severable. SECTION 3. This act shall take effect July 1, 2009, the public welfare requiring it.
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As introduced, when determining the amount of bail, creates a presumption that any defendant not lawfully present in the United States is a risk of flight. - Amends TCA Title 40.
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As introduced, prohibits smoking in certain motor vehicles whenever any minor is present in the vehicle. - Amends TCA Title 39, Chapter 17.
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AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 17, relative to tobacco products. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: SECTION 1. Tennessee Code Annotated, Section 39-17-1603, is amended by inserting the following language as a new, appropriately numbered item: ( ) "Motor vehicle" means any self-propelled vehicle licensed for on-road usage, other than a motorcycle, motor scooter or motorized bicycle, regardless of whether the self-propelled vehicle is publicly or privately owned, leased or rented; whether the vehicle is operated for public, private, or commercial purposes; or whether the windows or doors of the vehicle are in an opened or closed position. SECTION 2. Tennessee Code Annotated, Section 39-17-1604, is amended by adding the following language as a new, appropriately numbered item: (11) Any motor vehicle whenever any child is present in the motor vehicle. SECTION 3. This act shall take effect July 1, 2009, the public welfare requiring it.
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As introduced, prohibits smoking in certain motor vehicles whenever any minor is present in the vehicle. - Amends TCA Title 39, Chapter 17.
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As introduced, permits election of director of schools and outlines qualifications. - Amends TCA Section 49-2-203 and Title 49, Chapter 2, Part 3.
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AN ACT to amend Tennessee Code Annotated, Section 49-2-203 and Title 49, Chapter 2, Part 3, relative to the election of director of schools. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: SECTION 1. Tennessee Code Annotated, Section 49-2-203(a)(14)(A), is amended by deleting the language Notwithstanding any other public or private act to the contrary , and by substituting instead the language Unless a county or municipal legislative body has voted to establish the office of elected superintendent of schools and the voters of the county or municipality have by referendum approved establishment of the office of elected superintendent of schools . SECTION 2. Tennessee Code Annotated, Section 49-2-301(a), is amended by deleting the initial word Each and by substituting instead the language Except as provided in subsection (e), each . SECTION 3. Tennessee Code Annotated, Section 49-2-301, is amended by adding the following new subsection: (e) (1) (A) Notwithstanding the provisions of subsection (a), or any other provisions of Chapter 535 of the Public Acts of 1992 to the contrary, any county or municipality operating a school system may re-establish the office of elected school superintendent by a two-thirds (2/3) vote of the membership of the county or municipal legislative body. (B) Any such ordinance or resolution of a county or municipality shall not become operative until approved in an election herein provided in the county or municipality, as the case may be. The county election commission shall hold an election on the question pursuant to 2-3-204, providing options to vote "FOR" or "AGAINST" the ordinance or resolution, after the receipt of a certified copy of such ordinance or resolution, and a majority vote of those voting in the election shall determine whether the ordinance or resolution is to be operative. (C) If the majority vote is for the ordinance or resolution, it shall be deemed to be operative on the date that the county election commission makes its official canvass of the election returns. If the majority vote is against the ordinance or resolution, the legislative body shall take no action on re-establishing the office of elected school superintendent for at least two (2) years from the date the election is held. (D) If approved in such election, elections for school superintendent shall be held at the regular August election. The office shall be filled by popular vote for a term of four (4) years. The person elected shall take office September 1 following the election. The elected school superintendent shall have all the powers provided to directors of schools, and any reference to director of schools shall be deemed to be a reference to superintendent in those counties or cities which restore this office. (2) (A) If the office of elected school superintendent is re-established, this shall not act to abridge the contractual term of any appointed director of schools. If a county or city chooses to conduct an election prior to the expiration of a contract, it is the responsibility of the county or city governing body to satisfy any contractual obligation to an incumbent director of schools. (B) No board of education shall appoint or extend the contract or term of a director of public schools after a county or city re-establishes the office of superintendent, but may appoint a qualified person as acting director until the office of superintendent is filled by the voters. (3) (A) An elected superintendent shall be a person of literary attainment and experience in the art of teaching and school administration, and possess a license of qualification issued by the state board of education prior to the superintendent s election. (B) The state board of education shall establish minimum requirements for license of qualifications for a superintendent, which shall include, but not be limited to, the following: (i) The applicant shall hold a teacher s professional license with endorsement as principal or supervisor of instruction; (ii) The applicant shall hold a master s degree with a major in education administration to include study areas such as: (a) School organization and administration; (b) Supervision, curriculum development and evaluation; (c) School finance, housing, and transportation; (d) School and communication relationships; and (e) Technique of problem solving by group process; and (iii) The applicant shall have had five (5) years experience to include both teaching and administrative experience. SECTION 4. This act shall take effect July 1, 2009, the public welfare requiring it.
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As introduced, permits election of director of schools and outlines qualifications. - Amends TCA Section 49-2-203 and Title 49, Chapter 2, Part 3.
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As enacted, "Vietnam Veterans Memorial Highway," segment of I-40 in Cumberland County.
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AN ACT to designate a segment of Interstate 40 in Cumberland County as the "Vietnam War Memorial Highway". WHEREAS, since the birth of our great nation, hundreds of thousands of brave American men and women have served their country in the United States Armed Forces, and many continue this legacy of service today, defending the most inviolate principles of human freedom and democracy; and WHEREAS, our soldiers' brave service in the Vietnam War continued the time-honored tradition of Tennessee volunteerism; and WHEREAS, thirty-five years ago, on March 29, 1973, the last 2,500 troops were withdrawn from South Vietnam, thus ending U.S. military involvement in what is still the longest war in our nation's history; and WHEREAS, due to the unpopularity of this eleven-year war, the men and women who served therein and survived, and the 58,195 brave souls who fought and died, have never been accorded the respect and gratitude they deserve for serving their country with purpose and conviction; and WHEREAS, it is now time for all citizens, in the spirit of pride and gratitude, to recall the heroic service of the 1,293 soldiers listed on the Vietnam Memorial Wall from the State of Tennessee and thank them for their unselfish devotion to duty; and WHEREAS, the Governor of Tennessee proclaimed March 29, 2008, as "Vietnam Veterans Day" in the Volunteer State; and WHEREAS, the City of Crossville, which is a prime example of a welcoming and thankful community, humbly desires to pay its own tribute to our Vietnam veterans; and WHEREAS, the Mayor and City Council of Crossville have petitioned this Body to name a certain segment of Interstate 40 to honor those brave Tennesseans who sacrificed personal concerns and their safety while serving in the Vietnam War, with 1,293 of them giving their lives, so that we might enjoy the many bounties of democracy and the American way of life; and WHEREAS, this General Assembly most heartily concurs with this excellent proposal; now, therefore, BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: SECTION 1. Notwithstanding any provision of law to the contrary, the following segment of Interstate 40 in Cumberland County is hereby designated the "Vietnam War Memorial Highway" in honor of the many brave sons and daughters of Tennessee who served this great country in the Vietnam War: (a) on Interstate 40 eastbound at approximately 1500 feet in advance (west) of Exit 317 (U.S. Highway 127); and (b) on Interstate 40 westbound at approximately 1000 feet west of mile marker 323. SECTION 2. The Department of Transportation is directed to erect suitable signs or to affix suitable markers designating the segment of Interstate 40 described in Section 1 as the "Vietnam War Memorial Highway". SECTION 3. The erection of such signs shall be within the guidelines prescribed by the Manual on Uniform Traffic Control Devices. SECTION 4. This act shall become operative only if the federal highway administrator advises the commissioner of transportation in writing that the provisions of this act shall not render Tennessee in violation of federal laws and regulations and subject to penalties prescribed therein. SECTION 5. This act shall take effect upon becoming a law, the public welfare requiring it.
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As enacted, "Vietnam Veterans Memorial Highway," segment of I-40 in Cumberland County.
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As introduced, removes exception for age-restricted venues from Non-Smoker Protection Act; revises posting requirements to require "no smoking" signs at only the main entrance. - Amends TCA Title 39, Chapter 17, Part 18.
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AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 17, Part 18, relative to the Non-Smoker Protection Act. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: SECTION 1. Tennessee Code Annotated, Section 39-17-1802, is amended by deleting subdivision (2) in its entirety. SECTION 2. Tennessee Code Annotated, Section 39-17-1804, is amended by deleting subdivision (1) in its entirety. SECTION 3. Tennessee Code Annotated, Section 39-17-1805(a), is amended by deleting the language "at every entrance" and by substituting instead the language "at the main entrance". SECTION 4. This act shall take effect upon becoming a law, the public welfare requiring it.
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As introduced, removes exception for age-restricted venues from Non-Smoker Protection Act; revises posting requirements to require "no smoking" signs at only the main entrance. - Amends TCA Title 39, Chapter 17, Part 18.
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As introduced, creates new criminal offense of aggressive driving; penalty is a Class B misdemeanor or, if intent is to injure another person, a Class A misdemeanor. - Amends TCA Title 39 and Title 55, Chapter 8.
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AN ACT to amend Tennessee Code Annotated, Title 39 and Title 55, Chapter 8, relative to aggressive and dangerous driving. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: SECTION 1. Tennessee Code Annotated, Title 55, Chapter 8, is amended by adding the following language as a new, appropriately designated section: Section 55-8-___. (a) A person commits the offense of aggressive driving who, during one (1) episode of continuous driving of a vehicle: (1) Commits at least three (3) violations of the following provisions: (A) Overtaking on the right, in violation of 55-8-118; (B) Overtaking and passing in no passing zones, in violation of 55-8-121; (C) Following too closely, in violation of 55-8-124; (D) Failing to operate a vehicle properly for approaching or stationary, authorized emergency vehicles, in violation of 55-8-132; (E) Failing to yield to pedestrians, in violation of 55-8-134; (F) Failing to signal turn, in violation of 55-8-143; (G) Driving in excess of posted speed limits, in violation of 55-8-152 or 55-8-153; (H) Stopping, standing or parking in prohibited places, in violation of 55-8-160; (I) Following fire apparatus, in violation of 55-8-168; or (J) Failing to obey official traffic control devices restricting usage of high occupancy vehicle lanes, in violation of 55-8-188; and (2) (A) Is a hazard to another person; (B) Is driving without possessing a valid driver license in violation of 55-50-301(a); or (C) Commits a violation of subdivision (a)(1) with the intent to harass, intimidate, injure or obstruct another person. (b) A violation of this section is a Class B misdemeanor; provided, that if the person intends to injure another person, a violation of this section is a Class A misdemeanor. (c) In addition to any penalty imposed pursuant to subsection (b), a person who violates this section may be sentenced to attend any available driver improvement program. SECTION 2. This act shall take effect July 1, 2009, the public welfare requiring it.
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As introduced, creates new criminal offense of aggressive driving; penalty is a Class B misdemeanor or, if intent is to injure another person, a Class A misdemeanor. - Amends TCA Title 39 and Title 55, Chapter 8.
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As introduced, imposes an occupational privilege tax on professional athletes and professional entertainers; establishes fund for juvenile court programs. - Amends TCA Title 67.
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AN ACT to amend Tennessee Code Annotated, Title 67, relative to an occupational privilege tax for athletes and entertainers to provide funding for programs benefiting juvenile courts. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: SECTION 1. Tennessee Code Annotated, Title 67, Chapter 4, is amended by adding the following as a new part 31: 67-4-3101. (a) The engaging in the occupations of professional athlete and professional entertainer is declared to be a privilege taxable by the state alone. The privilege tax established in this part shall be collected by the commissioner of revenue and deposited with the state treasurer in accordance with 67-4-3104. (b) There is levied a tax on the privilege of engaging in the occupations of professional athlete and professional entertainer. The privilege tax established by this part is four hundred dollars ($400) annually. The privilege tax is due and payable on June 1 of each year. Taxes paid after June 1 are delinquent. (c) The tax shall apply only to professional entertainers and professional athletes who earn more than fifty thousand dollars ($50,000) per year from such professional activities. For entertainers, the tax shall apply to each artistically performing member of a touring entourage. (d) Penalties and interest shall be assessed and collected by the commissioner of revenue on delinquent taxes in accordance with chapter 1 of this title. (e) The taxes levied by this part shall not be construed to be a regulatory fee. Section 67-4-3102. The commissioner of revenue is authorized to promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to implement, administer and enforce this part. Section 67-4-3103. Each individual licensed or registered to engage in an occupation listed in 67-4-3101 shall be liable for the tax. Any employer, including any governmental entity, may choose to remit the tax imposed by this part on behalf of persons subject to the tax who are employed by such employer. Section 67-4-3104. There is established a general fund reserve to be allocated by the general appropriations act which shall be known as the juvenile court-related programs fund. Moneys deposited with the state treasurer in accordance with 67-4-3101 shall be allocated to this fund. Moneys from the fund may be expended to fund activities authorized by 67-3105. Any revenues deposited in this reserve shall remain in the reserve until expended for purposes consistent with this part, and shall not revert to the general fund on any June 30. Any excess revenues on interest earned by such revenues shall not revert on any June 30, but shall remain available for appropriation in subsequent fiscal years. Any appropriation from such reserve shall not revert to the general fund on any June 30, but shall remain available for expenditure in subsequent fiscal years. Section 67-4-3105. The treasurer shall allocate moneys from the juvenile court-related programs fund to the administrative office of the courts to fund programs and activities that benefit juvenile courts. Programs that may be funded shall include, but not be limited to, court appointed special advocates (CASA) programs and similar programs. Moneys shall be allocated to juvenile courts on a pro rata basis on the basis of the caseload of the court. SECTION 2. This act shall take effect July 1, 2009, the public welfare requiring it.
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As introduced, imposes an occupational privilege tax on professional athletes and professional entertainers; establishes fund for juvenile court programs. - Amends TCA Title 67.
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As introduced, establishes the "Office of Noncustodial Parent Advocacy." - Amends TCA Title 36 and Title 37.
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AN ACT to amend Tennessee Code Annotated, Title 36 and Title 37, to establish the office of noncustodial parent advocacy pilot project. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: SECTION 1. Tennessee Code Annotated, Title 36, Chapter 6, Part 4, is amended by adding the following language as a new, appropriately numbered section: (a) The administrative office of the courts (AOC) shall establish and implement the office of noncustodial parent advocacy pilot project. The pilot project shall be implemented in all juvenile courts and all courts exercising juvenile court jurisdiction in at least one (1) county within each of the state's three (3) grand divisions. The office of noncustodial parent advocacy shall provide assistance to unwed noncustodial parents in obtaining visitation rights to their children. (b) The AOC shall promulgate such rules as may be necessary to implement the office in an efficient and effective manner. Such rules shall include, but shall not be limited to, policies and procedures to: (1) Provide assistance to unwed noncustodial parents in obtaining visitation rights to their children; (2) Provide notice to all unwed parents of the availability of the office of parent advocacy; (3) Monitor parents who use the office of noncustodial parent advocacy to evaluate the efficiency of the office and the continued needs of unwed noncustodial parents in obtaining visitation rights to their children; (4) Monitor the consistency of custody and visitation due to assistance from the office of noncustodial parent advocacy; and (5) Provide recommendations for improving visitation rights of unwed noncustodial parents, including but not limited to, the need for noncustodial parent advocacy offices throughout the state. (c) On or before February 15, 2010, and on or before February 15 of each successive year thereafter, the AOC shall report to the judiciary committee of the senate and the children and family affairs committee of the house of representatives the findings concerning the efficiency and effectiveness of the pilot project. (d) The pilot project shall remain in effect until July 1, 2012. SECTION 2. For the purpose of the administrative office of the courts establishing rules relevant to the implementation of this act, this act shall take effect upon becoming a law, the public welfare requiring it. For all other purposes, it shall take effect on July 1, 2009, the public welfare requiring it.
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As introduced, establishes the "Office of Noncustodial Parent Advocacy." - Amends TCA Title 36 and Title 37.
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As introduced, prohibits adult-oriented establishments and certain establishments that have been issued permits for the sale of beer to employ any person under the age of 21. - Amends TCA Title 7 and Title 57.
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AN ACT to amend Tennessee Code Annotated, Title 7 and Title 57, relative to the employment of persons under the age of twenty-one by certain business establishments. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: SECTION 1. Tennessee Code Annotated, Section 57-4-204(b), is amended by adding thereto the following new subdivision: (5) To employ, contract with or use any person in the licensed premises of an establishment that is defined in 7-51-1401(2) or (3) who is not at least twenty-one (21) years of age. SECTION 2. Tennessee Code Annotated, Section 57-5-301, is amended by adding to that section the following new subsection: (g) It is unlawful for any permit holder to employ any person, directly or indirectly, under the age of twenty-one (21) years unless the sale of meals is the principal business conducted by the permit holder. For purposes of this section, it shall be presumed that the sale of meals is the principal business conducted by a permit holder if at least fifty percent (50%) of gross revenues of all kinds is derived from the sale of food and beverages (other than beer or alcoholic beverages). It shall be presumed that the sale of meals is not the principal business conducted by a permit holder if less than twenty-five percent (25%) of gross revenues of all kinds is derived from the sale of food and beverages (other than beer or alcoholic beverages). In establishing a permit holder's right to employ a person under the age of twenty-one (21) years, the burden of proof shall be upon the permit holder. SECTION 3. This act shall take effect January 1, 2009, the public welfare requiring it
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As introduced, prohibits adult-oriented establishments and certain establishments that have been issued permits for the sale of beer to employ any person under the age of 21. - Amends TCA Title 7 and Title 57.
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As introduced, raises the age to be an entertainer in a cabaret or other adult-oriented establishment from 18 to 21; requires any political subdivision that has or adopts an ordinance regulating such establishments to require certain information be provided by a person applying for a permit as an entertainer. - Amends TCA Title 7.
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AN ACT to amend Tennessee Code Annotated, Title 7, relative to adult oriented establishments. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: SECTION 1. Tennessee Code Annotated, Section 7-51-1401(4), is amended by inserting the following language as a new subdivision: (D) Adult cabarets as defined in subdivision (2) of this section. SECTION 2. Tennessee Code Annotated, Section 7-51-1401, is amended by adding the following language as a new, appropriately designated subdivision: ( ) Entertainer means any person who provides live adult entertainment within an adult-oriented establishment, whether or not a fee is charged or accepted for such live adult entertainment. SECTION 3. Tennessee Code Annotated, Section 7-51-1406, is amended by designating the existing language as subsection (a) and by deleting the language Nothing in this part and by substituting instead the language Except as provided in subsection (b), nothing in this part . SECTION 4. Tennessee Code Annotated, Section 7-51-1406, is further amended by adding the following language to be designated as subsections (b) and (c): (b) Any regulation of adult-oriented establishments enacted by a political subdivision shall, at a minimum, include the following requirements for issuing a permit as an entertainer of an adult-oriented establishment: (1) To receive a permit as an entertainer of an adult-oriented establishment, an applicant must meet the following standards: (A) (i) The applicant shall be at least twenty-one (21) years of age; (ii) The applicant shall not have had a permit as an entertainer of an adult-oriented establishment revoked within two (2) years immediately preceding the date of the application; (iii) The applicant shall not have been convicted of a specified criminal act, as defined in Tennessee Code Annotated, Section 7-51-1102(25), for which: (a) Less than two (2) years have elapsed since the date of conviction if the conviction is for a misdemeanor offense; (b) Less than five (5) years have elapsed since the date of conviction if the conviction is for a felony offense; and (c) Less than five (5) years have elapsed since the date of conviction for two (2) or more misdemeanor offenses occurring within any twelve-month period; (B) The fact that a conviction is being appealed shall have no effect on disqualification of the applicant; (C) An applicant who has been convicted of any such specified criminal activities may not be denied a permit based on those convictions once the time period required in subdivision (A)(iii) has elapsed; (D) No permit shall be issued until the local law enforcement officer has investigated the applicant's qualifications to receive a permit. The results of that investigation shall be filed in writing with the local permitting official no later than thirty (30) days after the date of the application. Such local permitting official shall only deny a permit application for reasons set forth in this subsection. (2) An applicant desiring to secure a permit as an entertainer shall furnish the following information under oath to the local permitting official: (A) Name and address, including all aliases; (B) Written proof that the individual is at least twenty-one (21) years of age; (C) The applicant's height, weight, color of eyes and hair; (D) The adult-oriented establishment or similar business permit history of the applicant; whether such person, in previously acting as an entertainer at an adult-oriented establishment in this or any other city or state under permit, has had such permit revoked or suspended, the reason for the revocation or suspension, and the business activity or occupation subject to such action of suspension or revocation; (E) Any conviction for or plea of nolo contendere to a specified criminal act as defined in Tennessee Code Annotated, Section 7-51-1102(25); (F) Two (2) portrait photographs at least two inches by two inches (2" x 2") of the applicant; and (G) A statement by the applicant that the applicant is familiar with the provisions of this subsection. (3) Within ten (10) days of receiving the results of the investigation conducted by the local law enforcement officer pursuant to subdivision (1)(D), the local permitting official shall notify the applicant that the applicant's application is granted, denied or held for further investigation. Such additional investigation shall not exceed an additional thirty (30) days unless otherwise agreed to by the applicant. Upon the conclusion of such additional investigations, such local permitting official shall advise the applicant in writing whether the application is granted or denied. (4) If an additional investigation is held that is not caused by actions of the applicant, upon the expiration of the thirtieth day from the filing of the application, the applicant shall be permitted conditionally to work as an entertainer pending a final decision by the local permitting official to deny the application. (5) Failure or refusal of the applicant to give any information relevant to the investigation of the application, or the applicant's refusal or failure to appear at any reasonable time and place for examination under oath regarding the application, or the applicant's refusal to submit to or cooperate with any investigation required by this section, constitutes an admission by the applicant that the applicant is ineligible for such permit, and is grounds for denial thereof by the local permitting official. (c) As used in this section, unless the context otherwise requires: (1) Local law enforcement officer as used in this subsection means the sheriff, if the political subdivision issuing the regulations is the county, and the chief of police, if the political subdivision is a municipality or a county having a metropolitan form of government. (2) Local permitting official means the official designated by the political subdivision to issue permits to an entertainer of an adult-oriented establishment. SECTION 5. Tennessee Code Annotated, Section 7-51-1116(b)(2), is amended by deleting the language eighteen (18) and by substituting instead the language twenty-one (21) . SECTION 6. Tennessee Code Annotated, Section 7-51-1117(a)(1)(A), is amended by deleting the language eighteen (18) and by substituting instead the language twenty-one (21) . SECTION 7. This act shall take effect July 1, 2009, the public welfare requiring it.
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As introduced, raises the age to be an entertainer in a cabaret or other adult-oriented establishment from 18 to 21; requires any political subdivision that has or adopts an ordinance regulating such establishments to require certain information be provided by a person applying for a permit as an entertainer. - Amends TCA Title 7.
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As introduced, establishes the "Homeowners' Emergency Mortgage Assistance Fund" and delays foreclosure actions under specific circumstances. - Amends TCA Title 13, Chapter 23.
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AN ACT to amend Tennessee Code Annotated, Title 13, Chapter 23, relative to residential mortgages. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: SECTION 1. Tennessee Code Annotated, Title 13, Chapter 23, is amended by adding SECTION 2 through SECTION 7 as a new, appropriately designated part. SECTION 2. (a) The Tennessee housing development agency ("THDA") is hereby authorized to make uninsured homeowners' emergency mortgage assistance fund loans secured by second or third position liens on residential real property located in this state to eligible homeowners, in accordance with the provisions of this part and to the extent funds are appropriated for such purpose. (b) The purpose of the homeowners' emergency mortgage assistance loan program shall be to loan funds to eligible homeowners in default, or at risk of default, due to an interest rate reset on a conventional subprime adjustable rate mortgage loan ( subprime ARM ) originally used by the eligible homeowner to finance the acquisition of the homeowner's principal residence. Homeowners' emergency mortgage assistance fund loans made pursuant to this part shall be made to enable an eligible homeowner to bring an existing subprime ARM current; to provide equity to allow a refinancing of the existing subprime ARM to a long-term fixed, more affordable interest rate; and to pay various fees associated with a default or delinquency, if any, under an existing subprime ARM and various fees associated with a refinancing of an existing subprime ARM in accordance with the provisions of this part. (c) No homeowner shall be eligible for a homeowners' emergency mortgage assistance fund loan if the homeowner's adjustable rate mortgage loan is a government insured or guaranteed adjustable rate mortgage including an adjustable rate mortgage loan insured or guaranteed by the federal housing administration, the veteran's administration of the United States, or the United States department of agriculture rural development. (d) If a homeowner is actively pursuing a homeowners' emergency mortgage assistance fund loan, then all foreclosure action against the homeowner shall be stayed until the homeowners' emergency mortgage assistance fund loan is closed in accordance with this part or one hundred twenty (120) days from the date of the reset on the homeowner s existing subprime ARM that lead to eligibility for the assistance fund loan, whichever is sooner. SECTION 3. (a) To be eligible for a homeowners' emergency mortgage assistance fund loan, a homeowner shall meet the following requirements: (1) The homeowner's household income is at or below one hundred fifteen percent (115%) of the state or area median income, whichever is greater; (2) The homeowner has an existing subprime ARM on a single-family residence which is the homeowner's principal residence; (3) The homeowner has an acceptable credit history prior to the reset of the subprime ARM. The THDA shall establish the standards to be used to determine whether a credit history is acceptable by rule; (4) The subprime ARM has reset within sixty (60) days prior to the date of application for a homeowners' emergency mortgage assistance fund loan and the increased interest rate is the sole cause of any default existing under the subprime ARM or the subprime ARM is scheduled to reset within sixty (60) days following the date of application for a homeowners' emergency mortgage assistance fund loan; and (5) The interest rate reset on the subprime ARM has caused or will cause the homeowner to spend more than thirty percent (30%) of the homeowner's gross monthly household income to make the payment required on the subprime ARM, net of escrows for taxes and insurance, if any. (b) Prior to receiving a homeowners' emergency mortgage assistance fund loan, an eligible homeowner shall contact the servicer of the subprime ARM and use tools and resources available through such servicer to address the cost burden imposed by the subprime ARM reset. In addition, the homeowner shall contact a THDA approved foreclosure prevention counselor for assistance. (c) No otherwise eligible homeowner shall receive a homeowners' emergency mortgage assistance fund loan unless the homeowner obtains a long-term, fixed interest rate loan that will cure any default under the subprime ARM and conforms to THDA requirements. SECTION 4. The terms of any homeowners' emergency mortgage assistance fund loan shall include the following: (1) A maximum loan amount of fifteen thousand dollars ($15,000); (2) A maximum term not to exceed thirty (30) years; (3) Repayment of the loan shall be: (A) Monthly with interest rates not to exceed three percent (3%) simple interest for eligible homeowners with income between sixty-five percent (65%) and one hundred fifteen percent (115%) of the state or area median income, whichever is greater; or (B) Due on sale at zero percent (0%) interest for eligible homeowners with income below sixty-five percent (65%) of the state or area median income, whichever is greater; (4) The deed of trust securing the homeowners' emergency mortgage assistance fund loan may be in a subordinate, second or third lien position in relation to the long-term, fixed interest rate loan obtained by the eligible homeowner to refinance the subprime ARM; and (5) The closing of the homeowners' emergency mortgage assistance fund loan shall be concurrent with the closing of the long-term, fixed interest rate loan obtained by the eligible homeowner to refinance the subprime ARM. SECTION 5. (a) The homeowners' emergency mortgage assistance fund is created as a separate THDA account for the sole purpose of implementing this part. Investment and interest earnings on moneys from this fund may be used by THDA for administrative costs associated with carrying out the program of making homeowners' emergency mortgage assistance fund loans. No THDA funds, moneys or earnings other than the homeowners' emergency mortgage assistance fund and moneys and earnings appropriated to or generated by such fund shall be used for homeowners' emergency mortgage assistance fund loans. (b) The homeowners' emergency mortgage assistance fund shall operate as a revolving loan fund to which shall be credited all repayment of principal and interest for homeowners' emergency mortgage assistance fund loans made pursuant to this part, together with funds appropriated to this fund by the general assembly. (c) All interest and earnings of this fund shall remain a part of this fund. No part of the fund shall revert to the general fund on any June 30, but shall remain a part of the fund available for expenditure in accordance with the provisions of this part. (d) THDA shall have no obligation to fund homeowners' emergency mortgage assistance fund loans if, at any time, the general assembly has not appropriated sufficient moneys to the homeowners' emergency mortgage assistance fund for such purpose. SECTION 6. THDA shall report to the general assembly annually, either separately or through the annual report prepared in accordance with 13-23-125, on the effectiveness of the homeowners' emergency mortgage assistance fund loan program. SECTION 7. The Tennessee housing development agency board of directors is authorized to promulgate rules and regulations to effectuate the purposes of this act. All such rules and regulations shall be promulgated in accordance with the provisions of Tennessee Code Annotated, Title 4, Chapter 5. SECTION 8. The provisions of this act shall not be construed to be an appropriation of funds and no funds shall be obligated or expended pursuant to this act unless such funds are specifically appropriated by the general appropriations act. SECTION 9. For the purposes of promulgating rules and publishing forms this act shall take effect upon becoming a law, the public welfare requiring it. For all other purposes, this act shall take effect January 1, 2010, the public welfare requiring it.
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As introduced, establishes the "Homeowners' Emergency Mortgage Assistance Fund" and delays foreclosure actions under specific circumstances. - Amends TCA Title 13, Chapter 23.
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As introduced, requires local law enforcement to begin an investigation within 12 hours of receiving a report of an alleged violation by a funeral director of abuse of a corpse or concerning the handling, custody, care, or transportation of dead human bodies. - Amends TCA Section 39-17-312 and Title 62, Chapter 5.
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AN ACT to amend Tennessee Code Annotated, Section 39-17-312 and Title 62, Chapter 5, relative to local law enforcement investigations of certain reports concerning funeral directors or funeral establishments. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: SECTION 1. Tennessee Code Annotated, Section 62-5-103, is amended by adding the following language as a new subsection (c): (c) Because of potential health hazards due to the decomposition of a dead human body, if a report is filed with a local law enforcement official that a funeral director or funeral establishment is in violation of 62-5-317(a)(7), (b)(9), or (b)(11) affecting the handling or custody, care or transportation of dead human bodies or may be abusing a corpse in violation of 39-17-312, the local law enforcement official shall, within twelve (12) hours of receiving such a report, investigate whether there exists probable cause to support the allegations made in the report. If there is probable cause to believe the funeral director or funeral establishment has committed a criminal offense, the law enforcement official shall issue a citation in lieu of arrest or obtain a warrant, depending on the circumstances which arise out of the investigation. In addition the law enforcement official shall notify the local district attorney of the action taken and file a report with the board of funeral directors and embalmers. SECTION 2. Tennessee Code Annotated, Section 62-5-317, is amended by adding the following language as a new subsection (c): (c) It is not a defense to any disciplinary action taken by the board under this section that a local law enforcement official failed for whatever reason to timely investigate an alleged violation of subdivision (a)(7), (b)(9) or (b)(11) by a funeral director or funeral establishment as required by 62-5-103(c). SECTION 3. Tennessee Code Annotated, Section 39-17-312, is amended by adding the following language as a new, appropriately designated subdivision: ( ) It is not a defense to a prosecution or conviction under this section that a local law enforcement official failed for whatever reason to timely investigate an alleged violation of this section by a funeral director or funeral establishment as required by 62-5-103(c). SECTION 4. This act shall take effect July 1, 2009, the public welfare requiring it.
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As introduced, requires local law enforcement to begin an investigation within 12 hours of receiving a report of an alleged violation by a funeral director of abuse of a corpse or concerning the handling, custody, care, or transportation of dead human bodies. - Amends TCA Section 39-17-312 and Title 62, Chapter 5.
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As introduced, requires paternity testing before a father can be listed on a birth certificate. - Amends TCA Title 24, Chapter 7, Part 1; Title 36 and Title 68.
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AN ACT to amend Tennessee Code Annotated, Title 24, Chapter 7, Part 1; Title 36 and Title 68, relative to paternity testing for birth certificates. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: SECTION 1. Tennessee Code Annotated, Section 68-3-301, is amended by adding the following language as new, appropriately designated subsections: ( ) Regardless of the relationship between a child's parents, a genetic test shall be administered as provided in 24-7-112 to confirm the paternity of the child before a father shall be listed on the birth certificate. In order to provide genetic testing for those who are financially unable to pay for such testing in whole or in part, the department of human services shall be responsible for payment for testing for parties financially unable to pay, in whole or in part for the purpose of providing evidence of paternity. The requirements for financial inability to pay shall be established by the commissioner of human services. The commissioner shall take into consideration the family income, the number of dependents in the family, the probable total cost of testing and the other financial responsibilities of the family. ( ) If the results of the required paternity test have not been received, or if the results have been received and showed the purported father was not the biological father of the child, no name shall be entered as the father on the birth certificate until such name can be established by genetic test. In such cases, the certificate shall be amended to include the name of the child's father upon receipt of the results of a genetic test establishing paternity. SECTION 2. Tennessee Code Annotated, Section 68-3-302, is amended by deleting subsections (c), (d), (e), and (f) in their entireties. SECTION 3. Tennessee Code Annotated, Section 68-3-305(b)(2)(A), is amended by deleting the language "If an original, sworn acknowledgment signed by both the mother and the biological father of a child, on a form provided by the state registrar or the department of human services" in its entirety and substituting instead the following: If an original, sworn acknowledgment signed by both the mother and the biological father of a child and verified by genetic testing, on a form provided by the state registrar or the department of human services SECTION 4. Tennessee Code Annotated, Section 68-3-305(b)(2)(B), is amended by deleting the language "The acknowledgment form shall be in the form of an affidavit, shall contain the social security numbers of the mother and father of the child" in its entirety and substituting instead the following: The acknowledgment form shall be in the form of an affidavit, shall contain the social security numbers of the mother and father of the child, shall be verified by genetic testing, SECTION 5. Tennessee Code Annotated, Section 68-3-310, is amended by deleting the ";" from the end of subdivision (1) and adding a period and the following language: Nothing in this part shall prevent a child's adoptive parents from being listed on the child's new birth certificate; SECTION 6. Tennessee Code Annotated, Section 68-3-203(g), is amended by deleting the language "If a form approved, as provided in 68-3-305(b), acknowledging the paternity of a child is signed by both parents of the child" in its entirety and substituting instead the following: If a form approved, as provided in 68-3-305(b), acknowledging the paternity of a child is signed by both parents of the child and verified by genetic testing as required in that section SECTION 7. The commissioner of health is authorized to promulgate rules and regulations to effectuate the purposes of this act. All such rules and regulations shall be promulgated in accordance with the provisions of Tennessee Code Annotated, Title 4, Chapter 5. SECTION 8. This act shall take effect upon becoming a law for the purposes of promulgating rules and regulations, the public welfare requiring it. For all other purposes, this act shall take effect January 1, 2010, the public welfare requiring it.
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As introduced, requires paternity testing before a father can be listed on a birth certificate. - Amends TCA Title 24, Chapter 7, Part 1; Title 36 and Title 68.
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As introduced, adds one nonlawyer to judicial selection commission; increases membership of commission from 17 to 18 persons. - Amends TCA Title 17.
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AN ACT to amend Tennessee Code Annotated, Title 17, relative to judges. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: SECTION 1. Tennessee Code Annotated, Section 17-4-102(a), is amended by deleting the language "seventeen (17)" and substituting instead the language "eighteen (18)". SECTION 2. Tennessee Code Annotated, Section 17-4-102(a), is further amended by deleting subdivision (a)(5) in its entirety and substituting instead the following: (5) Four (4) members who shall not be lawyers; and SECTION 3. Tennessee Code Annotated, Section 17-4-102(b), is amended by deleting subdivision (b)(1) in its entirety and substituting instead the following: (1) (A) The speaker of the senate shall appoint three (3) members from the list of nominees submitted by the Tennessee trial lawyers association, three (3) members from the lists of nominees submitted by the district attorneys general conference, two (2) of the nonlawyer members and one (1) of the lawyer members not nominated by a group. (B) The speaker of the house of representatives shall appoint two (2) members from the lists of nominees submitted by the Tennessee bar association and one (1) member from the list of nominees submitted by the Tennessee defense lawyers association, three (3) members from the lists of nominees submitted by the Tennessee association of criminal defense lawyers, two (2) of the nonlawyer members and one (1) of the lawyer members not nominated by a group. SECTION 4. This act shall take effect upon becoming a law, the public welfare requiring it.
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As introduced, adds one nonlawyer to judicial selection commission; increases membership of commission from 17 to 18 persons. - Amends TCA Title 17.
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As introduced, increases the penalty for knowingly making a false report of child abuse or child sexual abuse from a Class E felony to a Class D felony if at the time the report is made the defendant is a party in a custody or visitation determination, the custody or visitation determination involves the person against whom the report is made, and the report is made for the purpose of delay or to gain advantage in the custody or visitation determination. - Amends TCA Title 36, Chapter 6; Title 37, Chapter 1 and Title 39, Chapter 15.
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AN ACT to amend Tennessee Code Annotated, Title 36, Chapter 6; Title 37, Chapter 1 and Title 39, Chapter 15, relative to false reporting of abuse. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: SECTION 1. Tennessee Code Annotated, Section 37-1-413, is amended by deleting the section in its entirety and substituting instead the following: (a) (1) It is an offense for any person to make a report or cause, encourage, aid, counsel or procure another to make a report pursuant to 37-1-403 or 37-1-605 to a judge having juvenile jurisdiction, the department of children s services, a sheriff, or a law enforcement official knowing that: (A) The report is false; (B) The person has no information relating to the report; or (C) The information relating to the report is false. (b) (1) A violation of this section is a Class E felony. (2) A violation of this section is a Class D felony if at the time the report is made: (A) The defendant is a party in a custody or visitation determination pursuant to title 36, chapter 6; (B) A petition or complaint initiating such a custody or visitation determination has been filed in any court of this state exercising jurisdiction over custody or visitation determinations and has been served upon the defendant or the person against whom the report is made; (C) The custody or visitation determination involves the person against whom the report is made; and (D) The report is made for the purpose of delay or to gain advantage in the custody or visitation determination. SECTION 2. This act shall take effect July 1, 2009, the public welfare requiring it.
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As introduced, increases the penalty for knowingly making a false report of child abuse or child sexual abuse from a Class E felony to a Class D felony if at the time the report is made the defendant is a party in a custody or visitation determination, the custody or visitation determination involves the person against whom the report is made, and the report is made for the purpose of delay or to gain advantage in the custody or visitation determination. - Amends TCA Title 36, Chapter 6; Title 37, Chapter 1 and Title 39, Chapter 15.
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As introduced, increases the penalty for the offense of arson from a Class C to a Class B felony and sets a minimum fine for arson of a place of worship at $25,000 and aggravated arson at $50,000. - Amends TCA Title 39, Chapter 14.
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AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 14, relative to arson. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: SECTION 1. Tennessee Code Annotated, Section 39-14-301, is amended by deleting the section in its entirety and by substituting instead the following: (a) A person commits an offense who knowingly damages any structure by means of a fire or explosion: (1) Without the consent of all persons who have a possessory, proprietary or security interest therein; or (2) With intent to destroy or damage any structure to collect insurance for the damage or destruction or for any unlawful purpose. (b) (1) Arson is a Class B felony. (2) Arson of a place of worship is a Class B felony. Notwithstanding the statutory range for fines within a Class B felony, the fine for a violation of arson of a place of worship shall be a mandatory amount of twenty-five thousand dollars ($25,000). As used in this subdivision (b)(2), "place of worship" means any structure that is: (A) Approved, or qualified to be approved, by the state board of equalization for property tax exemption pursuant to 67-5-212, based on ownership and use of the structure by a religious institution; and (B) Utilized on a regular basis by such religious institution as the site of congregational services, rites or activities communally undertaken for the purpose of worship. SECTION 2. Tennessee Code Annotated, Section 39-14-302(b), is amended by deleting the subsection in its entirety and substituting instead the following: (b) Aggravated arson is a Class A felony. Notwithstanding the statutory range for fines within a Class A felony, the fine for a violation of this section shall be a mandatory amount of fifty thousand dollars ($50,000). SECTION 3. This act shall take effect July 1, 2009, the public welfare requiring it.
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As introduced, increases the penalty for the offense of arson from a Class C to a Class B felony and sets a minimum fine for arson of a place of worship at $25,000 and aggravated arson at $50,000. - Amends TCA Title 39, Chapter 14.
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As introduced, enhances the penalty for abuse of corpse from a Class E felony to a Class C felony when the person causes the death of the person whose corpse is mistreated; adds enhancement factor by which a defendant's sentence can be increased within the appropriate range, that a defendant is convicted of second degree murder and the defendant knowingly mutilates the body of the victim after death. - Amends TCA Title 39 and Title 40.
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AN ACT to amend Tennessee Code Annotated, Title 39 and Title 40, relative to mistreatment of a corpse. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: SECTION 1. Tennessee Code Annotated, Section 39-17-312(c), is amended by deleting the language A violation and by substituting instead the language Except as provided in subsection (d), a violation . SECTION 2. Tennessee Code Annotated, Section 39-17-312, is amended by adding the following language as a new subsection (d): (d) A violation of this section by a person who causes the death of a person whose corpse has been mistreated, disinterred, or disposed of in the manner described in subsection (a) is a Class C felony. SECTION 3. Tennessee Code Annotated, Section 40-35-114, is amended by adding the following language as a new, appropriately designated subdivision: ( ) If the defendant is convicted of the offense of second degree murder pursuant to 39-13-210, and the defendant knowingly mutilates the body of the victim after death; SECTION 4. This act shall take effect July 1, 2009, the public welfare requiring it.
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As introduced, enhances the penalty for abuse of corpse from a Class E felony to a Class C felony when the person causes the death of the person whose corpse is mistreated; adds enhancement factor by which a defendant's sentence can be increased within the appropriate range, that a defendant is convicted of second degree murder and the defendant knowingly mutilates the body of the victim after death. - Amends TCA Title 39 and Title 40.
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As introduced, increases the penalty for arson from a Class C to a Class B felony and sets a minimum period of incarceration for arson of a place of worship at eight years and aggravated arson at 15 years. - Amends TCA Title 39, Chapter 14.
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AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 14, relative to arson. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: SECTION 1. Tennessee Code Annotated, Section 39-14-301, is amended by deleting the section in its entirety and by substituting instead the following: (a) A person commits an offense who knowingly damages any structure by means of a fire or explosion: (1) Without the consent of all persons who have a possessory, proprietary or security interest therein; or (2) With intent to destroy or damage any structure to collect insurance for the damage or destruction or for any unlawful purpose. (b) (1) Arson is a Class B felony. (2) (A) Arson of a place of worship is a Class B felony. (B) Notwithstanding title 40, chapter 35, a person convicted of a violation of arson of a place of worship shall be required to serve a minimum period of imprisonment of eight (8) years. The sentence imposed upon any such person may, if appropriate, exceed eight (8) years, but in no case shall it be less than the minimum period of eight (8) years. (C) As used in this subdivision (b)(2), "place of worship" means any structure that is: (i) Approved, or qualified to be approved, by the state board of equalization for property tax exemption pursuant to 67-5-212, based on ownership and use of the structure by a religious institution; and (ii) Utilized on a regular basis by such religious institution as the site of congregational services, rites or activities communally undertaken for the purpose of worship. SECTION 2. Tennessee Code Annotated, Section 39-14-302, is amended by adding the following subsection (c): (c) Notwithstanding title 40, chapter 35, a person convicted of a violation of this section shall be required to serve a minimum period of imprisonment of fifteen (15) years. The sentence imposed upon any such person may, if appropriate, exceed fifteen (15) years, but in no case shall it be less than the minimum period of fifteen (15) years. SECTION 3. This act shall take effect July 1, 2009, the public welfare requiring it.
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As introduced, increases the penalty for arson from a Class C to a Class B felony and sets a minimum period of incarceration for arson of a place of worship at eight years and aggravated arson at 15 years. - Amends TCA Title 39, Chapter 14.
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As introduced, requires a county election commission to accept and not return a mail voter registration form received within seven days prior to the registration deadline if the form lacks postage or has insufficient postage. - Amends TCA Section 2-2-109.
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AN ACT to amend Tennessee Code Annotated, Section 2-2-109, relative to voter registration. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: SECTION 1. Tennessee Code Annotated, Section 2-2-109(a), is amended by designating the existing language as subdivision (1) and by adding the following language to be designated as subdivision (2): (2) If a mail registration form is received by the county election commission within seven (7) days prior to the registration deadline and such registration form lacks a postmark or has insufficient postage, the county election commission shall accept the registration form and shall not return the form for lack of or insufficient postage. SECTION 2. This act shall take effect upon becoming a law, the public welfare requiring it.
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As introduced, requires a county election commission to accept and not return a mail voter registration form received within seven days prior to the registration deadline if the form lacks postage or has insufficient postage. - Amends TCA Section 2-2-109.
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As introduced, enacts the "Crime-Free School Zone Act." - Amends TCA Title 39; Title 40 and Title 49.
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AN ACT to amend Tennessee Code Annotated, Title 39; Title 40 and Title 49, relative to the creation of crime-free school zones. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: SECTION 1. This act shall be known and may be cited as the "Crime-Free School Zone Act of 2008". SECTION 2. Tennessee Code Annotated, Section 39-17-432, is amended by deleting the section in its entirety. SECTION 3. Tennessee Code Annotated, Title 40, Chapter 35, Part 1, is amended by adding the following as a new, appropriately designated section: 40-35-1__. (a) It is the intent of this section to create crime-free zones for the purpose of providing vulnerable persons in this state an environment in which they can learn, play and enjoy themselves without the distractions and dangers that are incident to the occurrence of illegal activities. The enhanced and mandatory minimum sentences required by this section for offenses occurring in a crime-free zone are necessary to serve as a deterrent to such unacceptable conduct. (b) (1) A violation of any offense specified in subdivision (2) or a conspiracy to violate any such offense that occurs on the grounds or facilities of any school or within one thousand feet (1000 ) of the real property that comprises a public or private elementary school, middle school, secondary school, preschool, child care agency, public library, recreational center or park shall be punished one (1) classification higher than is provided by law for such violation. If the offense in subdivision (b)(2) is a Class A felony, it shall be classified as a Class A felony, however, the presumptive sentence shall be the maximum within the range. (2) The offenses to which subdivision (1) are applicable are: (A) A violation of 39-17-417; (B) Any sexual offense as prohibited by title 39, chapter 13, part 5; (C) Any offense involving a firearm prohibited by title 39, chapter 17, part 13, if subsection (b) is not already an essential element of the offense; (D) Any felony involving a deadly weapon as defined by 39-11-106(a)(5); and (E) Carjacking as prohibited by 39-13-404. (3) In addition to any other penalty imposed by this section, a person convicted of violating subsection (b) shall also be subject to the following: (A) Upon conviction of a Class E felony, a fine of not more than ten thousand dollars ($10,000); (B) Upon conviction of a Class D felony, a fine of not more than twenty thousand dollars ($20,000); (C) Upon conviction of a Class C felony, a fine of not more than forty thousand dollars ($40,000); (D) Upon conviction of a Class B felony, a fine of not more than sixty thousand dollars ($60,000); and (E) Upon conviction of a Class A felony, a fine of not more than one hundred thousand dollars ($100,000). (4) A person convicted of violating this subsection (b), who is within the prohibited zone of a preschool, childcare center, public library, recreational center or park shall not be subject to the classification increase required by subdivision (b)(1), but shall be subject to the additional fines imposed by this section. (c) Notwithstanding any other provision of law or the sentence imposed by the court to the contrary, a defendant sentenced for a violation of subsection (b) shall be required to serve at least the minimum sentence for the defendant's appropriate range of sentence. Any sentence reduction credits for which the defendant may be eligible or which the defendant may earn shall not operate to permit or allow the release of the defendant prior to full service of the minimum sentence. (d) Notwithstanding the sentence imposed by the court, the provisions of title 40, chapter 35, part 5, relative to release eligibility status and parole, shall not apply to or authorize the release of a defendant sentenced for a violation of subsection (b) prior to service of the entire minimum sentence for the defendant's appropriate range of sentence. (e) Nothing in the provisions of title 38, chapter 1, part 4, shall give either the governor or the board of probation and parole the authority to release or cause the release of a defendant sentenced for a violation of subsection (b) prior to service of the entire minimum sentence for the defendant's appropriate range of sentence. (f) Nothing in this section shall be construed as prohibiting the judge from sentencing a defendant who violated subsection (b) to any authorized term of incarceration in excess of the minimum sentence for the defendant's appropriate range of sentence. (g) The sentence of a defendant who, as the result of a single act, violates both subsection (b)(2)(A) and 39-17-417(k), may only be enhanced one (1) time under those sections for each act. The state must elect under which section it intends to seek enhancement of the defendant's sentence and shall provide notice of the election pursuant to 40-35-202. SECTION 4. This act shall take effect July 1, 2009, the public welfare requiring it.
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As introduced, enacts the "Crime-Free School Zone Act." - Amends TCA Title 39; Title 40 and Title 49.
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As introduced, requires notice be given to a parent before the parent is considered to have willfully failed to support or visit a child for purposes of termination of parental rights; and requires certain additional information be in a petition to terminate parental rights or the adoption petition. - Amends TCA Title 36, Chapter 1.
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AN ACT to amend Tennessee Code Annotated, Title 36, Chapter 1, relative to parental rights. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: SECTION 1. Tennessee Code Annotated, Section 36-1-102(1)(D), is amended by deleting the subdivision in its entirety and by substituting instead the following: (D) For purposes of this subdivision (1), "willfully failed to support" or "willfully failed to make reasonable payments toward such child's support" means the willful failure, for a period of four (4) consecutive months, to provide monetary support or the willful failure to provide more than token payments toward the support of the child, provided that a written court order or ratified permanency plan pursuant to 37-2-403 from any court of competent jurisdiction has established an obligation to pay child support, and: (i) A written court order provides notice to the parent or parents that the failure to pay child support for four (4) consecutive months constitutes abandonment and may result in termination of parental rights; or (ii) A written notice that explains that willful failure to support for four (4) consecutive months is grounds for termination of parental rights has been provided to the parent or parents at least four (4) months preceding the filing of a petition to terminate parental rights, and a copy of this notice is attached to such petition; SECTION 2. Tennessee Code Annotated, Section 36-1-102(1)(E), is amended by deleting the subdivision in its entirety and by substituting instead the following: (E) For purposes of this subdivision (1), "willfully failed to visit" means the willful failure, for a period of four (4) consecutive months, to visit or engage in more than token visitation, provided that in any court action involving paternity, custody, support or visitation, a: (i) A written court order provides notice to the parent or parents that the failure to visit the child for four (4) consecutive months constitutes abandonment and may result in termination of parental rights; or (ii) A written notice that explains willful failure to visit the child for four (4) consecutive months is grounds for termination of parental rights has been provided to the parent or parents at least four (4) months preceding the filing of a petition to terminate parental rights, and a copy of this notice is attached to such petition; SECTION 3. Tennessee Code Annotated, Section 36-1-113(d)(3)(A), is amended by inserting the appropriately designated subdivisions: ( ) The child will be placed in the guardianship of other persons or agencies who shall have the right to adopt the child or to place the child up for adoption and to consent to such child's adoption; and ( ) The parent or guardian shall have no further right to notice of proceedings for the adoption of the child and the parent or guardian shall have no right to object to the child's adoption or thereafter to have any relationship, legal or otherwise, with the child. SECTION 4. This act shall take effect July 1, 2009, the public welfare requiring it.
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As introduced, requires notice be given to a parent before the parent is considered to have willfully failed to support or visit a child for purposes of termination of parental rights; and requires certain additional information be in a petition to terminate parental rights or the adoption petition. - Amends TCA Title 36, Chapter 1.
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As introduced, requires funeral directors to surrender custody of a dead human body after receiving a written notice and to disclose to the purchaser of a funeral service that it is a violation of the law for a funeral establishment to refuse to surrender the custody of a dead human body to the person legally entitled to custody; removes exemption from continuing education requirements if disciplinary action is taken against a licensee by the board. - Amends TCA Title 62, Chapter 5.
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AN ACT to amend Tennessee Code Annotated, Title 62, Chapter 5, relative to funeral directors and embalmers. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: SECTION 1. Tennessee Code Annotated, Title 62, Chapter 5, Part 3, is amended by adding the following language as a new, appropriately designated section: Section ___. (a) As used in this section, the term normal operating hours means the hours the business office of a funeral establishment is open and also includes any additional hours the funeral establishment is open for a person to make arrangements for a funeral service or for viewing hours of a dead human body or the remains of a dead human body. (b) (1) A funeral director or a person authorized by the funeral director to act for the funeral director shall surrender the custody of a dead human body which is at the funeral establishment to the person lawfully entitled to the custody of the body within four (4) hours of the time an express written order of such person is received at the funeral establishment during the normal operating hours of the funeral establishment. (2) The order shall be deemed to be received at the funeral establishment at the time it is delivered to the funeral establishment. Such delivery may be by personal delivery, certified mail, any delivery service that provides proof of delivery or via electronic mail sent to the funeral establishment. (3) If a funeral director or a person authorized by the funeral director to act for the funeral director refuses to comply with the provisions of subdivision (1), upon the filing of a complaint with the board of funeral directors and embalmers or on its own initiative, the board shall provide the opportunity for a hearing, and if a hearing is requested, conduct a hearing in accordance with the uniform administrative procedures act, title 4, chapter 5 to determine whether a violation of subdivision (1) has occurred. If the board finds that a violation of subdivision (1) has occurred, the board shall suspend the license of the funeral director and the funeral establishment for a minimum of thirty (30) days. (c) The board shall inform each of its licensees of the provisions of this act in the manner deemed appropriate by the board. (d) (1) In addition to, and at the same time a funeral director provides the disclosure required pursuant to the 16 C.F.R. 453 relative to unfair or deceptive acts or practices, the funeral director shall also provide the following written disclosure to the purchaser of a funeral service in bold typeface conspicuously larger than the information in the disclosure required by federal law: (A) It is a violation of state law under the provisions of subsection (b) as well as Tennessee Code Annotated, Section 62-5-317(a)(7) and (b)(9) and (11) for this establishment to refuse to surrender the custody of a dead human body upon the express order of the person legally entitled to the custody of the body. (B) If you believe I have or any person working for or associated with this funeral establishment has violated any of these provisions, you are entitled to call the local police or sheriff [here insert the proper telephone numbers] and report this violation. (C) In addition, you are entitled to report any suspected violation to the state board of funeral directors and embalmers at the department of commerce and insurance. (2) The funeral director shall discuss this disclosure with the purchaser of the funeral service and obtain the purchaser s signature indicating that the purchaser understands the purchasers lawful rights. SECTION 2. Tennessee Code Annotated, Section 62-5-601(d), is amended by deleting the language Any licensee and by substituting instead the language Except as provided in subsection (h), any licensee . SECTION 3. Tennessee Code Annotated, Section 62-5-601, is amended by adding the following language as a new subsection (h): (h) If disciplinary action is taken against a licensee by the board for violating Section 1 of this act or for any other violation of this chapter and the licensee is exempt from the continuing education requirements pursuant to subsection (d), the licensee shall not be permitted to claim such exemption for the year in which such action is taken or thereafter. SECTION 4. For purposes of providing information to its licensees, this act shall take effect upon becoming a law, the public welfare requiring it. For all other purposes, including enforcement of this act, this act shall take effect July 1, 2009, the public welfare requiring it.
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As introduced, requires funeral directors to surrender custody of a dead human body after receiving a written notice and to disclose to the purchaser of a funeral service that it is a violation of the law for a funeral establishment to refuse to surrender the custody of a dead human body to the person legally entitled to custody; removes exemption from continuing education requirements if disciplinary action is taken against a licensee by the board. - Amends TCA Title 62, Chapter 5.
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As introduced, enacts "Sudanese Divestment Act of 2009." - Amends TCA Title 4, Chapter 3, Part 24; Title 8, Chapter 34; Title 8, Chapter 35; Title 8, Chapter 36; Title 8, Chapter 37; Title 8, Chapter 5 and Title 9, Chapter 4.
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AN ACT to enact the "Sudanese Divestment Act of 2009" and to amend Tennessee Code Annotated, Title 4, Chapter 3, Part 24; Title 8, Chapter 34; Title 8, Chapter 35; Title 8, Chapter 36; Title 8, Chapter 37; Title 8, Chapter 5 and Title 9, Chapter 4, relative to public investments in companies operating in Sudan. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: SECTION 1. Tennessee Code Annotated, Title 8, Chapter 37, Part 1, is amended by adding the following language as a new section: Section 8-37-117. (a) This section shall be known and may be cited as the Sudanese Divestment Act of 2009; (b) The general assembly finds and declares that: (1) On July 23, 2004, the United States Congress declared that "the atrocities unfolding in Darfur, Sudan, are genocide"; (2) On September 9, 2004, Secretary of State Colin L. Powell told the U.S. Senate Foreign Relations committee that "genocide has occurred and may still be occurring in Darfur" and "the Government of Sudan and the Janjaweed bear responsibility"; (3) On September 21, 2004, addressing the United Nations General Assembly, President George W. Bush affirmed the Secretary of State's finding and stated, "At this hour, the world is witnessing terrible suffering and horrible crimes in the Darfur region of Sudan, crimes my government has concluded are genocide"; (4) On December 7, 2004, the U.S. Congress noted that the genocidal policy in Darfur has led to reports of "systematic rape of thousands of women and girls, the abduction of women and children, and the destruction of hundreds of ethnically African villages, including the poisoning of their wells and the plunder of their crops and cattle upon which the people of such villages sustain themselves" and that "the Government of Sudan has restricted access by humanitarian and human rights workers to the Darfur area through intimidation by military and security forces, and through bureaucratic and administrative obstruction, in an attempt to inflict the most devastating harm on those individuals displaced from their villages and homes without any means of sustenance or shelter"; (5) On September 25, 2006, Congress reaffirmed that "the genocide unfolding in the Darfur region of Sudan is characterized by acts of terrorism and atrocities directed against civilians, including mass murder, rape, and sexual violence committed by the Janjaweed and associated militias with the complicity and support of the National Congress Party-led faction of the Government of Sudan"; (6) On September 26, 2006, the U.S. House of Representatives stated that "an estimated 300,000 to 400,000 people have been killed by the Government of Sudan and its Janjaweed allies since the crisis began in 2003, more than 2,000,000 people have been displaced from their homes, and more than 250,000 people from Darfur remain in refugee camps in Chad"; (7) The Darfur crisis represents the first time the United States Government has labeled ongoing atrocities 'genocide'; (8) The Federal government has imposed sanctions against the Government of Sudan since 1997. These sanctions are monitored through the U.S. Treasury Department's Office of Foreign Assets Control (OFAC); (9) According to a former chair of the U.S. Securities and Exchange Commission, "the fact that a foreign company is doing material business with a country, government, or entity on OFAC's sanctions list is, in the SEC staff's view, substantially likely to be significant to a reasonable investor's decision about whether to invest in that company"; (10) Since 1993, the U.S. Secretary of State has determined that Sudan is a country the government of which has repeatedly provided support for acts of international terrorism, thereby restricting United States assistance, defense exports and sales, and financial and other transactions with the Government of Sudan; (11) A 2006 U.S. House of Representatives report states that "a company's association with sponsors of terrorism and human rights abuses, no matter how large or small, can have a materially adverse result on a public company's operations, financial condition, earnings, and stock prices, all of which can negatively affect the value of an investment"; (12) In response to the financial risk posed by investments in companies doing business with a terrorist-sponsoring state, the Securities and Exchange Commission established its Office of Global Security Risk to provide for enhanced disclosure of material information regarding such companies; (13) The current Sudan divestment movement is growing and encompasses individuals, universities, cities, states and private pension plans; (14) It is a fundamental responsibility of the state of Tennessee to decide where, how, and by whom financial resources in its control should be invested, taking into account numerous pertinent factors; (15) It is the prerogative and desire of the state of Tennessee in respect to investment resources in its control and to the extent reasonable, with due consideration for, among other things, return on investment, on behalf of itself and its investment beneficiaries, not to participate in an ownership or capital-providing capacity with entities that provide significant practical support for genocide, including certain non-United States companies presently doing business in Sudan; (16) It is the judgment of the general assembly that this act should remain in effect only insofar as it continues to be consistent with, and does not unduly interfere with, the foreign policy of the United States as determined by the Federal government; and (17) It is the judgment of this general assembly that mandatory divestment of public funds from certain companies is a measure that should be employed sparingly and judiciously. A Congressional and Presidential declaration of genocide satisfies this high threshold. (c) As used in this section, unless the context otherwise requires: (1) "Active business operations" means all business operations that are not inactive business operations; (2) "Business operations" means engaging in commerce in any form in Sudan, including by acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce; (3) "Company" means any sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other entity or business association, including all wholly-owned subsidiaries, majority-owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for profit-making purposes; (4) "Complicit" means taking actions during any preceding twenty-month period which have directly supported or promoted the genocidal campaign in Darfur, including, but not limited to, preventing Darfur's victimized population from communicating with each other, encouraging Sudanese citizens to speak out against an internationally approved security force for Darfur, actively working to deny, cover up, or alter the record on human rights abuses in Darfur, or other similar actions; (5) "Direct holdings" in a company means all securities of that company held directly by the public fund or in an account or fund in which the public fund owns all shares or interests; (6) "Government of Sudan" means the government in Khartoum, Sudan, which is led by the National Congress Party (formerly known as the National Islamic Front) or any successor government formed on or after October 13, 2006, including the coalition National Unity Government agreed upon in the Comprehensive Peace Agreement for Sudan, and does not include the regional government of southern Sudan; (7) "Inactive business operations" means the mere continued holding or renewal of rights to property previously operated for the purpose of generating revenues but not presently deployed for such purpose; (8) "Indirect holdings" in a company means all securities of that company held in an account or fund, such as a mutual fund, managed by one (1) or more persons not employed by the public fund, in which the public fund owns shares or interests together with other investors not subject to this section; (9) "Marginalized populations of Sudan" include, but are not limited to, the portion of the population in the Darfur region that has been genocidally victimized; the portion of the population of southern Sudan victimized by Sudan's North-South civil war; the Beja, Rashidiya, and other similarly underserved groups of eastern Sudan; the Nubian and other similarly underserved groups in Sudan's Abyei, Southern Blue Nile, and Nuba Mountain regions; and the Amri, Hamadab, Manasir, and other similarly underserved groups of northern Sudan; (10) "Military equipment" means weapons, arms, military supplies, and equipment that readily may be used for military purposes, including, but not limited to, radar systems or military-grade transport vehicles; or supplies or services sold or provided directly or indirectly to any force actively participating in armed conflict in Sudan; (11) "Mineral extraction activities" include exploring, extracting, processing, transporting, or wholesale selling or trading of elemental minerals or associated metal alloys or oxides (ore), including gold, copper, chromium, chromite, diamonds, iron, iron ore, silver, tungsten, uranium, and zinc, as well as facilitating such activities, including by providing supplies or services in support of such activities; (12) "Oil-related activities" include, but are not limited to, owning rights to oil blocks; exporting, extracting, producing, refining, processing, exploring for, transporting, selling, or trading of oil; constructing, maintaining, or operating a pipeline, refinery, or other oil-field infrastructure; and facilitating such activities, including by providing supplies or services in support of such activities, provided that the mere retail sale of gasoline and related consumer products shall not be considered oil-related activities; (13) "Power production activities" means any business operation that involves a project commissioned by the National Electricity Corporation (NEC) of Sudan or other similar Government of Sudan entity whose purpose is to facilitate power generation and delivery, including, but not limited to, establishing power-generating plants or hydroelectric dams, selling or installing components for the project, providing service contracts related to the installation or maintenance of the project, as well as facilitating such activities, including by providing supplies or services in support of such activities; (14) "Public fund' means any funds held by the state treasurer to the credit of the Tennessee consolidated retirement system (TCRS); (15) "Scrutinized business operations" means business operations that have resulted in a company becoming a scrutinized company; (16) (A) "Scrutinized company" means any company that meets one (1) or more of the following criteria: (i) The company has business operations that involve contracts with, or provision of supplies or services to, the Government of Sudan, to companies in which the Government of Sudan has any direct or indirect equity share, Government of Sudan-commissioned consortiums or projects, or to Companies involved in Government of Sudan-commissioned consortiums or projects and at least one (1) of the following conditions is satisfied: (a) More than ten percent (10%) of the company's revenues or assets linked to Sudan involve oil-related activities or mineral extraction activities; less than seventy-five percent (75%) of the company's revenues or assets linked to Sudan involve contracts with, or provision of oil-related or mineral extracting products or services to, the regional government of southern Sudan or a project or consortium created exclusively by that regional government; and the company has failed to take substantial action; or (b) More than ten percent (10%) of the company's revenues or assets linked to Sudan involve power production activities; less than seventy-five percent (75%) of the company's power production activities include projects whose intent is to provide power or electricity to the marginalized populations of Sudan; and the company has failed to take substantial action; (ii) The company is complicit in the Darfur genocide; (iii) The company supplies military equipment within Sudan, unless it clearly shows that the military equipment cannot be used to facilitate offensive military actions in Sudan or the company implements rigorous and verifiable safeguards to prevent use of that equipment by forces actively participating in armed conflict, for example, through post-sale tracking of such equipment by the company, certification from a reputable and objective third party that such equipment is not being used by a party participating in armed conflict in Sudan, or sale of such equipment solely to the regional government of southern Sudan or any internationally recognized peacekeeping force or humanitarian organization. (B) Notwithstanding any provision of this section to the contrary, a social development company which is not complicit in the Darfur genocide shall not be considered a scrutinized company; (17) "Social development company" means a company whose primary purpose in Sudan is to provide humanitarian goods or services, including medicine or medical equipment, agricultural supplies or infrastructure, educational opportunities, journalism-related activities, information or information materials, spiritual-related activities, services of a purely clerical or reporting nature, food, clothing, or general consumer goods that are unrelated to oil-related activities, mineral extraction activities, or power production activities; and (18) "Substantial action" means adopting, publicizing, and implementing a formal plan to cease scrutinized business operations within one (1) year and to refrain from any such new business operations; undertaking significant humanitarian efforts on behalf of one (1) or more marginalized populations of Sudan; or through engagement with the Government of Sudan, materially improving conditions for the genocidally victimized population in Darfur. (d) (1) Within ninety (90) days of the effective date of this act, the public fund shall make its best efforts to identify all scrutinized companies in which the public fund has direct or indirect holdings or could possibly have such holdings in the future. Such efforts shall include, as appropriate: (A) Reviewing and relying, as appropriate in the public fund's judgment, on publicly available information regarding companies with business operations in Sudan, including information provided by nonprofit organizations, research firms, international organizations, and government entities; (B) Contacting asset managers contracted by the public fund that invest in companies with business operations in Sudan; and (C) Contacting other institutional investors that have divested from companies that have business operations in Sudan. (2) By the first meeting of the board of trustees of the public fund following the ninety-day period described in subdivision (d)(1), the public fund shall assemble all scrutinized companies identified into a "scrutinized companies list". (3) The public fund shall update the scrutinized companies list on a quarterly basis based on evolving information from, among other sources, those listed in subdivision (d)(1). (e) (1) The public fund shall adhere to the procedure for companies on the scrutinized companies list as provided in this subsection (e). (2) (A) The public fund shall immediately determine the companies on the scrutinized companies list in which the public fund owns direct or indirect holdings. (B) For each company identified in subdivision (e)(2)(A) with only inactive business operations, the public fund shall send a written notice informing the company of the provisions of this act and encouraging it to continue to refrain from initiating active business operations in Sudan until it is able to avoid scrutinized business operations. The public fund shall continue such correspondence on a semiannual basis. (C) For each company newly identified in subdivision (e)(2)(A) with active business operations, the public fund shall send a written notice informing the company of its scrutinized company status and that it may become subject to divestment by the public fund. The notice shall offer the company the opportunity to clarify its Sudan-related activities and shall encourage the company, within ninety (90) days, to either cease its scrutinized business operations or convert such operations to inactive business operations in order to avoid qualifying for divestment by the public fund. (D) If, within ninety (90) days following the public fund's first engagement with a company pursuant to subdivision (e)(2)(C), that company ceases scrutinized business operations, the company shall be removed from the scrutinized companies list and the provisions of this subsection (e) shall cease to apply to the company unless it resumes scrutinized business operations. If, within ninety (90) days following the public fund's first engagement, the company converts its scrutinized active business operations to inactive business operations, the company shall be subject to all provisions relating to such operations. (3) (A) If, after ninety (90) days following the public fund's first engagement with a company pursuant to subdivision (e)(2)(C), the company continues to have scrutinized active business operations, and only while such company continues to have scrutinized active business operations, the public fund shall sell, redeem, divest, or withdraw all publicly traded securities of the company within fifteen (15) months after the company's most recent appearance on the scrutinized companies list. (B) If a company that ceased scrutinized active business operations following engagement pursuant to subdivision (e)(2)(C) resumes such operations, subdivision (e)(3)(A) shall immediately apply, and the public fund shall send a written notice to the company. The company shall also be immediately reintroduced onto the scrutinized companies list. (4) (A) At no time shall the public fund knowingly acquire securities of companies on the scrutinized companies list that have active business operations, except as provided in this subdivision (e)(4). (B) No company which the United States Government affirmatively declares to be excluded from its present or any future federal sanctions regime relating to Sudan shall be subject to divestment or investment prohibition pursuant to subdivisions (e)(3) and (e)(4)(A). (C) Subdivisions (e)(3) and (e)(4)(A) shall not apply to indirect holdings in actively managed investment funds. The public fund shall, however, submit letters to the managers of such investment funds containing companies with scrutinized active business operations requesting that they consider removing such companies from the fund or create a similar actively managed fund with indirect holdings devoid of such companies. If the manager creates a similar fund, the public fund shall replace all applicable investments with investments in the similar fund in an expedited time frame consistent with prudent investing standards. For the purposes of this section, "private equity" funds shall be deemed to be actively managed investment funds. (f) (1) One hundred twenty (120) days after the effective date of this act, the public fund shall file a report to the general assembly that includes the scrutinized companies list. (2) Annually beginning one (1) year after the effective date of this act, the public fund shall file a report to the general assembly and send a copy of that report to the United States Presidential Special Envoy to Sudan, or an appropriate designee or successor, which includes: (A) A summary of correspondence with companies engaged by the public fund under subdivisions (e)(2)(B) and (2)(C); (B) All investments sold, redeemed, divested, or withdrawn in compliance with subdivision (e)(3); (C) All prohibited investments under subdivision (e)(4)(A); and (D) Any progress made under subdivision (e)(4)(C). (g) (1) The restrictions on investments by the public fund pursuant to this section shall continue until a written determination is made by the treasurer finding this section obsolete based on the occurrence of any one (1) of the following events: (A) A declaration by Congress or President of the United States stating that the Darfur genocide has been halted for at least twelve (12) months; (B) Revocation by the United States of all sanctions imposed against the Government of Sudan; (C) A declaration by Congress or President of the United States stating that the Government of Sudan has honored its commitments to cease attacks on civilians, demobilize and demilitarize the Janjaweed and associated militias, grant free and unfettered access for deliveries of humanitarian assistance, and allow for the safe and voluntary return of refugees and internally displaced persons; or (D) Legislative or executive action by Congress or President of the United States declaring that mandatory divestment of the type provided for in this section interferes with the conduct of United States foreign policy. (2) Any written determination pursuant to subdivision (g)(1) shall be transmitted to the public fund board of trustees, speaker of the senate, speaker of the house of representatives, governor and commissioner of finance and administration. Within thirty (30) days of any such determination, the treasurer shall notify the executive secretary of the Tennessee code commission that this section is deemed to be obsolete. (h) With respect to actions taken in compliance with this section, including all good faith determinations regarding companies as required by this section, the public fund shall be exempt from any conflicting statutory or common law obligations, including any such obligations in respect to choice of asset managers, investment funds, or investments for the public fund's securities portfolios. (i) Notwithstanding any provision of this section to the contrary, the public fund is permitted to cease divesting from certain scrutinized companies pursuant to subdivision (e)(3) or reinvest in certain scrutinized companies from which it divested pursuant to subdivision (e)(3) if clear and convincing evidence shows that the value for all assets under management by the public fund becomes equal to or less than ninety-nine and five-tenths percent (99.50%), fifty (50) basis points, of the hypothetical value of all assets under management by the public fund assuming no divestment for any company had occurred under subdivision (e)(3). Cessation of divestment, reinvestment, or any subsequent ongoing investment authorized by this subsection (i) shall be strictly limited to the minimum steps necessary to avoid the contingency set forth in the preceding sentence. For any cessation of divestment, reinvestment, or subsequent ongoing investment authorized by this subsection (i), the public fund shall provide a written report to the general assembly in advance of initial reinvestment, updated semiannually thereafter as applicable, setting forth the reasons and justification, supported by clear and convincing evidence, for its decisions to cease divestment, reinvest, or remain invested in companies with scrutinized active business operations. This subsection (i) has no application to reinvestment in companies on the ground that they have ceased to have scrutinized active business operations. SECTION 2. If any provision of this act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to that end the provisions of this act are declared to be severable. SECTION 3. This act shall take effect upon becoming a law, the public welfare requiring it.
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As introduced, enacts "Sudanese Divestment Act of 2009." - Amends TCA Title 4, Chapter 3, Part 24; Title 8, Chapter 34; Title 8, Chapter 35; Title 8, Chapter 36; Title 8, Chapter 37; Title 8, Chapter 5 and Title 9, Chapter 4.
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As introduced, removes present exemptions to offense involving allowing minor on off-highway vehicle without helmet. - Amends TCA Section 55-52-201.
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AN ACT to amend Tennessee Code Annotated, Section 55-52-201, relative to child safety in operation of off-highway motor vehicles. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: SECTION 1. Tennessee Code Annotated, Section 55-52-201, is amended by deleting subsection (b) in its entirety and by substituting instead the following language: (b) It is an offense for any parent or legal guardian of a person under eighteen (18) years of age to permit that person to operate or be a passenger on an off-highway motor vehicle, unless the person is wearing an appropriate helmet for off-highway vehicles. A parent or legal guardian commits an offense under circumstances indicating that the parent or legal guardian of the person under eighteen (18) years of age knew or should have known that the child is or would be operating, or is or would be a passenger on an off-highway motor vehicle. SECTION 2. This act shall take effect July 1, 2009, the public welfare requiring it.
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As introduced, removes present exemptions to offense involving allowing minor on off-highway vehicle without helmet. - Amends TCA Section 55-52-201.
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As introduced, authorizes counties having a charter form of government to begin the collection of delinquent property taxes in the same year in which such taxes become delinquent; lessens the period of redemption in Shelby County to 90 days instead of one year under the same circumstances as currently authorized for Knox County; establishes a mechanism for a property owner to deed certain property to a governmental entity. - Amends TCA Title 67, Chapter 5.
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AN ACT to amend Tennessee Code Annotated, Title 67, Chapter 5, relative to delinquent tax sales. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: SECTION 1. Tennessee Code Annotated, Section 67-5-2702, is amended by deleting the language and having a population of less than four hundred thousand (400,000), according to the 1990 federal census or any subsequent federal census, in subsections (a) and (b). SECTION 2. Tennessee Code Annotated, Section 67-5-2402, is amended by adding the following language as a new subsection (c): (c) The provisions of subsection (a) do not apply to any county having a charter form of government if such county has made a determination to begin collection of delinquent taxes during the same tax year in which such taxes became delinquent as provided in 67-5-2402(d). SECTION 3. Tennessee Code Annotated, Section 67-5-2402, is further amended by adding the following language as a new subsection (d): (d) In any county having a charter form of government, at any time after March 1 of the same year in which the taxes first become delinquent, the trustee, if so directed by the county legislative body: (1) Shall deliver the delinquent lists showing all unpaid land taxes to an attorney chosen by the trustee with the approval of the county mayor; and (2) Cause the attorney to prepare and file suits in the chancery or circuit court within the time period directed by the county legislative body of such county for the collection of all delinquent land taxes, and all arrears of taxes due the state, county and municipality; and, so that delinquent and municipal taxes may be collected at the same time as other taxes, it shall be the duty of the proper municipal officers to furnish the county trustee or the trustee's attorney certified lists of delinquent municipal taxes, unless otherwise provided. SECTION 4. Tennessee Code Annotated, Section 67-5-2509(a), is amended by deleting the language the two (2) year period of redemption and by substituting instead the language the period of redemption established in 67-5-2702 . SECTION 5. Tennessee Code Annotated, Section 67-5-2101(b), is amended by deleting the words In addition and by substituting instead the language Except as provided in subsection (c), in addition". SECTION 6. Tennessee Code Annotated, Section 67-5-2101, is amended by adding the following language as a new subsection (c): (c) (1) As used in this subsection, governmental entity means the state, county or other political subdivision of the state. (2) Notwithstanding the provisions of subsection (b), no suit shall arise against nor apply to a property owner on owner-occupied residential real property for any delinquent property taxes which were due and payable to a governmental entity that, in accordance with the following circumstances, becomes the owner of the property: (A) The real property was the primary residence of the fee simple owner or owners; (B) The property has not been pledged as collateral for any debt, mortgage or deed of trust; (C) The fee simple owner or owners of the property deed the property to a governmental entity; (D) The transaction occurs prior to the date the property is sold at a tax sale; and (E) The governmental entity accepts the donated real property. (3) Provided that the provisions of subsection (b) shall apply to the property owner for property taxes owing to a governmental entity other than the governmental entity which becomes the owner of owner-occupied residential property in accordance with the provisions of subdivision (2). SECTION 7. This act shall take effect upon becoming a law, the public welfare requiring it.
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As introduced, authorizes counties having a charter form of government to begin the collection of delinquent property taxes in the same year in which such taxes become delinquent; lessens the period of redemption in Shelby County to 90 days instead of one year under the same circumstances as currently authorized for Knox County; establishes a mechanism for a property owner to deed certain property to a governmental entity. - Amends TCA Title 67, Chapter 5.
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As introduced, requires the approval of the general assembly for any historical artifacts to be newly displayed in either chambers or on the second floor of the capitol and authorizes removal of historical articles if deemed appropriate by the general assembly. - Amends TCA Title 3 and Title 4.
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AN ACT to amend Tennessee Code Annotated, Title 3 and Title 4, relative to historical displays. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: SECTION 1. Tennessee Code Annotated, Title 3, Chapter 1, Part 1, is amended by adding the following as a new, appropriately designated section: 3-1-1__. The approval of the general assembly shall be required for any historical artifacts to be newly displayed in the chambers of the house of representatives and senate or on the second floor of the state capitol. In addition, the general assembly shall have the authority to remove such an artifact from display if it deems such action appropriate. The general assembly should consider the artifact's relevance to federal and state government in making such a decision. SECTION 2. This act shall take effect upon becoming a law, the public welfare requiring it.
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As introduced, requires the approval of the general assembly for any historical artifacts to be newly displayed in either chambers or on the second floor of the capitol and authorizes removal of historical articles if deemed appropriate by the general assembly. - Amends TCA Title 3 and Title 4.
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As introduced, authorizes the state insurance committee to establish a program under which citizens of the state of Tennessee may buy into and be covered under the same group insurance health care plan offered to all state employees. - Amends TCA Title 8, Chapter 27, Part 2.
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AN ACT to amend Tennessee Code Annotated, Title 8, Chapter 27, Part 2, relative to group insurance for state employees. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: SECTION 1. Tennessee Code Annotated, Title 8, Chapter 27, Part 2, is amended by adding a new, appropriately designated section: Section 8-27-212. (a) The state insurance committee created under 8-27-101, may establish a program under which citizens of the state of Tennessee may buy into and be covered under the same group insurance health care plan established for general state employees authorized under 8-27-201. Each citizen who chooses to participate in the state group insurance plan shall be afforded the opportunity to participate in the plan under the same conditions that apply to state employees. If such program is established, the committee shall have all the powers set forth in 8-27-201 in administering the program. (b) The committee is authorized to establish a schedule of premium payments for citizens who choose to participate in the state employee group insurance health care plan established under this part. SECTION 2. This act shall take effect July 1, 2009, the public welfare requiring it.
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As introduced, authorizes the state insurance committee to establish a program under which citizens of the state of Tennessee may buy into and be covered under the same group insurance health care plan offered to all state employees. - Amends TCA Title 8, Chapter 27, Part 2.
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As introduced, requires department to test all incoming inmates for bloodborne pathogens effective July 1, 2009, and requires that all inmates in custody of department be tested for bloodborne pathogens by July 1, 2010. - Amends TCA Title 41.
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AN ACT to amend Tennessee Code Annotated, Title 41, relative to the testing of inmates for certain infectious diseases. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: SECTION 1. Tennessee Code Annotated, Section 41-21-107, is amended by deleting subdivision (a)(5)(D) and substituting instead the following: (D) (i) The provisions of this subdivision (a)(5) only apply to inmates less than twenty-one (21) years of age. (ii) Effective July 1, 2009, the provisions of this subdivision (a)(5) shall apply to all inmates and the testing shall include all blood borne pathogens as defined in subdivision (E): (E) (i) As used in this subdivision and subdivision (D)(ii), blood borne pathogen means the pathogenic microorganism that is present in human blood and can cause disease in humans. These pathogens include, but are not limited to, hepatitis B virus (HBV) and human immunodeficiency virus (HIV). (ii) By July 1, 2010, all inmates in the Tennessee correction system shall be tested by the department for blood borne pathogens in accordance with the procedure set out in this section and rules and procedures established by the department. SECTION 2. This act shall take effect upon becoming a law, the public welfare requiring it.
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As introduced, requires department to test all incoming inmates for bloodborne pathogens effective July 1, 2009, and requires that all inmates in custody of department be tested for bloodborne pathogens by July 1, 2010. - Amends TCA Title 41.
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As introduced, requires a funeral establishment to store or make arrangements to store in a cold storage vault a dead human body received by the funeral establishment for burial until shortly before the funeral service and burial of the body is scheduled to occur. - Amends TCA Title 62, Chapter 5.
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AN ACT to amend Tennessee Code Annotated, Title 62, Chapter 5, relative to proper preservation of the remains of a dead human body. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: SECTION 1. Tennessee Code Annotated, Section 62-5-313, is amended by adding the following language as a new subsection (f): (f) A funeral establishment that receives a dead human body to properly prepare for burial and care for prior to conducting a funeral service shall store or make arrangements to have the dead human body stored in a cold storage vault at a temperature approved by the board which will keep the dead human body from further decomposition if a funeral director receives a dead human body later than twenty-four (24) hours post mortem and: (1) The preference of the next of kin is that the dead human body not be embalmed and the funeral service and burial of such body will not occur within twenty-four (24) hours from the time the funeral establishment receives or takes possession of the dead human body. Such body shall remain in the cold storage vault until shortly before the funeral service and burial of such body is scheduled to occur; or (2) The dead human body is in such a condition that embalmment has not or cannot prevent the further decomposition of the body and it would be obvious to a reasonable person that the dead human body should be properly stored in a cold storage vault to prevent further decomposition until shortly before the funeral service and burial of such body is scheduled to occur. SECTION 2. This act shall take effect upon becoming a law, the public welfare requiring it.
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As introduced, requires a funeral establishment to store or make arrangements to store in a cold storage vault a dead human body received by the funeral establishment for burial until shortly before the funeral service and burial of the body is scheduled to occur. - Amends TCA Title 62, Chapter 5.
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As introduced, requires certain counties that levy a payroll tax to reduce the county real property tax rate in an amount sufficient to offset all revenue derived by the county from such payroll tax; and requires certain municipalities that levy a payroll tax to reduce the municipal real property tax rate in an amount sufficient to offset all revenue derived by the city from such payroll tax. - Amends TCA Title 5; Title 6; Title 7 and Title 67.
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AN ACT to amend Tennessee Code Annotated, Title 5; Title 6; Title 7 and Title 67, relative to taxes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: SECTION 1. Tennessee Code Annotated, Title 67, Chapter 5, is amended by adding the following as a new, appropriately designated part: 67-5-2901. (a) Notwithstanding any provision of general or private law or charter provision to the contrary, if any county having a population in excess of eight hundred thousand (800,000), according to the 2000 federal census or any subsequent federal census, levies a payroll tax, then the county legislative body must reduce the countywide real property tax rate to a level sufficient to substantially offset one hundred percent (100%) of the revenue annually derived by the county from such payroll tax. Such offset shall be implemented for each tax year that the payroll tax remains effective. (b) Notwithstanding any provision of general or private law or charter provision to the contrary, if any municipality located in any county having a population in excess of eight hundred thousand (800,000), according to the 2000 federal census or any subsequent federal census, levies a payroll tax, then the municipal legislative body must reduce the citywide real property tax rate to a level sufficient to substantially offset one hundred percent (100%) of the revenue annually derived by the municipality from such payroll tax. Such offset shall be implemented for each tax year that the payroll tax remains effective. (c) Under no circumstances shall the provisions of this section be construed to constitute legal authorization for any county or municipality to levy, assess or collect any payroll tax. SECTION 2. This act shall take effect upon becoming a law, the public welfare requiring it.
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As introduced, requires certain counties that levy a payroll tax to reduce the county real property tax rate in an amount sufficient to offset all revenue derived by the county from such payroll tax; and requires certain municipalities that levy a payroll tax to reduce the municipal real property tax rate in an amount sufficient to offset all revenue derived by the city from such payroll tax. - Amends TCA Title 5; Title 6; Title 7 and Title 67.
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As introduced, divides lottery scholarship ASPIRE award into a grant and a required work-study program. - Amends TCA Section 49-4-915.
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AN ACT to amend Tennessee Code Annotated, Section 49-4-915, relative to postsecondary financial assistance from net lottery proceeds. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: SECTION 1. Tennessee Code Annotated, Section 49-4-915, is amended by deleting the section in its entirety and by substituting instead the following: 49-4-915. (a) To be eligible for an ASPIRE award, a student shall: (1) Be eligible for a Tennessee HOPE scholarship; and (2) Have an adjusted gross income attributable to the student that does not exceed thirty-six thousand dollars ($36,000). The adjusted gross income attributable to the student shall be reviewed each academic year to determine continuing eligibility for the ASPIRE award. (b) (1) Such student shall receive the Tennessee HOPE scholarship award under 49-4-914 and an ASPIRE award. Subject to the amounts appropriated by the general assembly, and any provision of law relating to a shortfall in funds available for postsecondary financial assistance from the net proceeds of the state lottery, the ASPIRE award for the 2009-2010 academic year for full-time students shall consist of a grant of seven hundred fifty dollars ($750) and seven hundred fifty dollars ($750) that is earnable in the ASPIRE work-study program. For academic years subsequent to the 2009-2010 academic year, the amount of such ASPIRE award shall be determined in accordance with 4-51-111 and shall be set in the general appropriations act. Both the Tennessee HOPE scholarship and the ASPIRE award are subject to the amounts appropriated by the general assembly and any provision of law relating to a shortfall in funds available for postsecondary financial assistance from the net proceeds of the state lottery. (2) The ASPIRE award in each academic year shall consist of two (2) equally funded parts. One-half ( ) of the award shall be a grant payable to a student who qualifies for the award. The other one-half ( ) of the award shall be earnable in the ASPIRE work-study program. (c) TSAC shall establish and implement an ASPIRE work-study program in which eligible students may earn the work-study portion of the ASPIRE award; provided, that such students meet the requirements for the work-study program. The ASPIRE work-study program shall provide work opportunities for ASPIRE students in public schools in this state and in after school programs offered under title 49, chapter 6, part 7. ASPIRE students shall be employed to tutor, mentor or otherwise assist elementary and secondary students in improving academic performance in order that such students may eventually qualify for Tennessee HOPE scholarships. (d) The board of education of any LEA may, by resolution, determine that the LEA will participate in the ASPIRE work-study program. If an LEA determines that it will participate in the ASPIRE work-study program, it shall identify for approval by TSAC tutoring, mentoring and other work opportunities for ASPIRE students that will assist public school students in improving academic performance. Once an LEA has determined that it will participate in the ASPIRE work-study program, it may by resolution withdraw participation. Such withdrawal shall be effective in the school year next succeeding the date of the resolution. (e) An organization operating an after school program pursuant to 49-6-701 49-6-704 may determine, with the approval of the department of education, that the organization's after school program will participate in the ASPIRE work-study program. If an organization operating such after school program determines that it will participate in the ASPIRE work-study program, it shall identify for approval by TSAC tutoring, mentoring and other work opportunities for ASPIRE students that will assist students in the after school program in improving academic performance. Once an organization operating such after school program has determined it will participate in the ASPIRE work-study program, it may withdraw participation. Such withdrawal shall be effective for the school year next succeeding the date of its decision to withdraw. (f) The department of education may permit ASPIRE students to participate in work-study programs in pilot after school programs offered pursuant to 49-6-705. (g) The ASPIRE work-study program shall pay no less than ten dollars ($10.00) per hour to students employed in the program. Students in the program shall work no more than ten (10) hours per week and shall not work during examination periods at the postsecondary institutions at which they are attending. No student shall be eligible to earn more than one-half (1/2) the total ASPIRE award per academic year in the ASPIRE work-study program. (h) TSAC shall notify students eligible for ASPIRE awards annually of the requirements of the ASPIRE work-study program. (i) To be eligible for the ASPIRE work-study program, a student shall: (1) Be eligible for an ASPIRE award; (2) Undergo a criminal history records check that complies with the requirements of 49-5-5610. Any reasonable costs incurred by the Tennessee bureau of investigation or the federal bureau of investigation, or both, in conducting an investigation of an student shall be paid by the student. In lieu of additional criminal history records checks for subsequent applications for the ASPIRE work-study program, the applicant may submit copies of the applicant's initial criminal history records check documentation and shall not be required to pay any additional costs; and (3) Make application to participate in the ASPIRE work-study program. (j) If TSAC finds that a student's criminal history records check is such that the student should not participate in the ASPIRE work-study program or that for some other well-founded reason the student should not participate in the ASPIRE work-study program, then such student shall be eligible only for the grant portion of the ASPIRE award. (k) Prior to a student beginning work in the ASPIRE work-study program and an employing LEA or after school program permitting a student to begin work, TSAC shall provide to the student and the employing LEA or after school program a student placement form. This form shall specify the periods during which a student is eligible to work, the TSAC approved hourly pay rate, the maximum number of hours the student may work each week, and the maximum amount the student may earn through the ASPIRE work-study program. If an employing LEA or after school program permits a student to begin work without receiving a student placement form, the employing LEA or after school program is responsible for paying the student in full for all hours worked prior to receiving the placement form. (l) Employing LEAs and after school programs may be permitted to interview students applying to work in the ASPIRE work-study program. No student shall be denied participation in the ASPIRE work-study program because of race, religion, color, sex or national origin. (m) At no time shall a student be left alone in a work-study assignment without the supervising presence of a paid, full-time employee of the employing LEA or after school program. (n) The employing LEA or after school program shall immediately contact TSAC, if the employing LEA or after school program: (1) Has concern about an ASPIRE work-study student's performance; or (2) Requests reassignment or dismissal of an ASPIRE work-study student. (o) If there exist fewer positions in the ASPIRE work-study program than there are qualifying students, then the institution at which such students are enrolled may require students not placed in the ASPIRE work-study program to participate in service or work projects for the institution in order to receive funds from the work-study portion of the ASPIRE award. (p) (1) TSAC is authorized to promulgate rules and regulations to effectuate the purposes of this section. All such rules and regulations shall be promulgated in accordance with the provisions of Tennessee Code Annotated, Title 4, Chapter 5. (2) The commissioner of education is authorized to promulgate rules and regulations to effectuate the purposes of this section, including, but not limited to, the participation in the ASPIRE work-study program by LEAs and organizations offering after school programs and the employment of ASPIRE students in the pilot after school programs under 49-6-705. All such rules and regulations shall be promulgated in accordance with the provisions of Tennessee Code Annotated, Title 4, Chapter 5. SECTION 2. The provisions of this act shall not be construed to be an appropriation of funds and no funds shall be obligated or expended pursuant to this act unless such funds are specifically appropriated from the lottery for education account by the general appropriations act. SECTION 3. For the purpose of promulgating rules and regulations, this act shall take effect upon becoming a law, the public welfare requiring it. For all other purposes, this act shall take effect on July 1, 2009, the public welfare requiring it.
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As introduced, divides lottery scholarship ASPIRE award into a grant and a required work-study program. - Amends TCA Section 49-4-915.
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As introduced, creates the ASPIRE work study program to provide additional postsecondary financial assistance from net lottery proceeds to students receiving both the Tennessee HOPE scholarship and the ASPIRE award. - Amends TCA Title 49, Chapter 4, Part 9.
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AN ACT to amend Tennessee Code Annotated, Title 49, Chapter 4, Part 9, relative to postsecondary financial assistance from net lottery proceeds. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: SECTION 1. Tennessee Code Annotated, Title 49, Chapter 4, Part 9, is amended by adding the following language as a new, appropriately designated section: 49-4-9__. (a) TSAC shall establish and implement an ASPIRE work-study program to provide additional financial assistance from net lottery proceeds to Tennessee citizens who are recipients of Tennessee HOPE scholarships and who also receive ASPIRE awards pursuant to 49-4-915. (b) The ASPIRE work-study program shall provide work opportunities for ASPIRE students in public schools in this state and in after school programs offered under title 49, chapter 6, part 7. ASPIRE students shall be employed to tutor, mentor or otherwise assist elementary and secondary students in improving academic performance in order that such students may eventually qualify for Tennessee HOPE scholarships. (c) The board of education of any LEA may, by resolution, determine that the LEA will participate in the ASPIRE work-study program. If an LEA determines that it will participate in the ASPIRE work-study program, it shall identify for approval by TSAC tutoring, mentoring and other work opportunities for ASPIRE students that will assist public school students in improving academic performance. Once an LEA has determined it will participate in the ASPIRE work-study program, it may, by resolution, withdraw participation. Such withdrawal shall be effective in the school year next succeeding the date of the resolution. (d) An organization operating an after school program pursuant to 49-6-701 49-6-704 may determine, with the approval of the department of education, that the organization's after school program will participate in the ASPIRE work-study program. If an organization operating such after school program determines that it will participate in the ASPIRE work-study program, it shall identify for approval by TSAC tutoring, mentoring and other work opportunities for ASPIRE students that will assist students in the after school program in improving academic performance. Once an organization operating such after school program has determined it will participate in the ASPIRE work-study program, it may withdraw participation. Such withdrawal shall be effective for the school year next succeeding the date of its decision to withdraw. (e) The department of education may permit ASPIRE students to participate in work-study programs in pilot after school programs offered pursuant to 49-6-705. (f) The ASPIRE work-study program shall pay no less than ten dollars ($10.00) per hour to students employed in the program. Students in the program shall work no more than ten (10) hours per week and shall not work during examination periods at the postsecondary institutions at which they are attending. No student shall be eligible to earn more than one thousand dollars ($1,000) per semester in the ASPIRE work-study program. Such amounts are subject to appropriation by the general assembly and any provision of law relating to a shortfall in funds available for postsecondary financial assistance from net proceeds of the state lottery. (g) TSAC shall notify ASPIRE recipients annually of the availability of the ASPIRE work-study program and the criteria for eligibility. (h) To be eligible for the ASPIRE work-study program, a student shall: (1) Be eligible for an ASPIRE award under 49-4-915; (2) Meet any academic qualification set by TSAC for employment by the ASPIRE work-study program. Such qualification may be higher than the cumulative grade point required for continuation of the Tennessee HOPE scholarship under 49-4-911, if TSAC finds such higher standard appropriate to ensure that such students are capable of working in the ASPIRE work-study program and at the same time maintaining their Tennessee HOPE scholarships; (3) Be recommended for participation in the ASPIRE work-study program by the eligible postsecondary institution that the student is attending; (4) Undergo a criminal history records check that complies with the requirements of 49-5-5610. Any reasonable costs incurred by the Tennessee bureau of investigation or the federal bureau of investigation, or both, in conducting an investigation of an applicant shall be paid by the applicant. In lieu of additional criminal history records checks for subsequent applications for the ASPIRE work-study program, the applicant may submit copies of the applicant's initial criminal history records check documentation and shall not be required to pay any additional costs; and (5) Submit an application as directed by TSAC for employment with the ASPIRE work-study program. (i) Prior to a student beginning work in the ASPIRE work-study program and an employing LEA or after school program permitting a student to begin work, TSAC shall provide to the student and the employing LEA or after school program a student placement form. This form shall specify the periods during which a student is eligible to work, the TSAC approved hourly pay rate, the maximum number of hours the student may work each week, and the maximum amount the student may earn through the ASPIRE work-study program. If an employing LEA or after school program permits a student to begin work without receiving a student placement form, the employing LEA or after school program is responsible for paying the student in full for all hours worked prior to receiving the placement form. (j) Employing LEAs and after school programs may be permitted to interview students applying to work in the ASPIRE work-study program. No student shall be denied participation in the ASPIRE work-study program because of race, color, religion, sex, or national origin. (k) At no time shall a student be left alone in a work-study assignment without the supervising presence of a paid, full-time employee of the employing LEA or after school program. (l) The employing LEA or after school program shall immediately contact TSAC, if the employing LEA or after school program: (1) Has concern about an ASPIRE work-study student's performance; or (2) Requests reassignment or dismissal of an ASPIRE work-study student. (m) (1) TSAC is authorized to promulgate rules and regulations to effectuate the purposes of this section. All such rules and regulations shall be promulgated in accordance with the provisions of Tennessee Code Annotated, Title 4, Chapter 5. (2) The commissioner of education is authorized to promulgate rules and regulations to effectuate the purposes of this section, including, but not limited to, the participation in the ASPIRE work-study program by LEAs and organizations offering after school programs and the employment of ASPIRE students in the pilot after school programs under 49-6-705. All such rules and regulations shall be promulgated in accordance with the provisions of Tennessee Code Annotated, Title 4, Chapter 5. SECTION 2. The provisions of this act shall not be construed to be an appropriation of funds and no funds shall be obligated or expended pursuant to this act unless such funds are specifically appropriated from the lottery for education account by the general appropriations act. SECTION 3. For the purpose of promulgating rules and regulations, this act shall take effect upon becoming a law, the public welfare requiring it. For all other purposes, this act shall take effect on July 1, 2009, the public welfare requiring it.
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As introduced, creates the ASPIRE work study program to provide additional postsecondary financial assistance from net lottery proceeds to students receiving both the Tennessee HOPE scholarship and the ASPIRE award. - Amends TCA Title 49, Chapter 4, Part 9.
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As introduced, clarifies that an applicant for a handgun carry permit is not required to furnish any identifying information concerning any handgun the applicant owns or possesses in order to apply for and be issued a permit. - Amends TCA Title 39, Chapter 17, Part 13.
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AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 17, Part 13, relative to handgun carry permits. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: SECTION 1. Tennessee Code Annotated, Title 39, Chapter 17, Part 13, is amended by adding the following as a new section: Section 39-17-1363. (a) Notwithstanding any other provision of law or rule to the contrary, no applicant for a handgun carry permit issued pursuant to 39-17-1351, shall be required to furnish to the department or an instructor or employee of a department approved handgun safety course any of the following information concerning any handgun the applicant owns, possesses or uses during the safety course: (1) The serial number; (2) Model number; (3) Manufacturer or make; (4) Type (revolver or semi-automatic); (5) Caliber; or (6) Whether the applicant owns the handgun used for the safety course. (b) The only information that an applicant shall be required to furnish the department or a department approved handgun safety course in order to apply for and be issued a handgun carry permit is the application information required in 39-17-1351(c). SECTION 2. This act shall take effect upon becoming a law, the public welfare requiring it.
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As introduced, clarifies that an applicant for a handgun carry permit is not required to furnish any identifying information concerning any handgun the applicant owns or possesses in order to apply for and be issued a permit. - Amends TCA Title 39, Chapter 17, Part 13.
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As enacted, prohibits department of safety or any department approved handgun safety course employee from requiring applicant for handgun carry permit to furnish any identifying information concerning any handgun the applicant owns or possesses. - Amends TCA Title 39, Chapter 17, Part 13.
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AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 17, Part 13, relative to information required to obtain a handgun carry permit. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: SECTION 1. Tennessee Code Annotated, Section 39-17-1351, is amended by adding the following new subsection: (w) (1) Notwithstanding any other provision of law or rule to the contrary, neither the department nor an instructor or employee of a department approved handgun safety course is authorized to require any applicant for a handgun carry permit to furnish or reveal identifying information concerning any handgun the applicant owns, possesses or uses during the safety course in order to apply for or be issued such permit. (2) For purposes of this subsection identifying information concerning any handgun includes, but is not limited to, the serial number, model number, make of gun or manufacturer, type of gun such as revolver or semi-automatic, caliber or whether the applicant owns the handgun used for the safety course. SECTION 2. This act shall take effect upon becoming a law, the public welfare requiring it.
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As enacted, prohibits department of safety or any department approved handgun safety course employee from requiring applicant for handgun carry permit to furnish any identifying information concerning any handgun the applicant owns or possesses. - Amends TCA Title 39, Chapter 17, Part 13.
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As introduced, enacts a property tax freeze for homeowners totally and permanently disabled. - Amends TCA Title 67, Chapter 5, Part 7.
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AN ACT to amend Tennessee Code Annotated, Title 67, Chapter 5, Part 7, relative to freezing of property taxes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: SECTION 1. Tennessee Code Annotated, Title 67, Chapter 5, Part 7, is amended by adding the following language as a new, appropriately designated section: 67-5-7__. (a) The purpose of this section is to provide for uniform and orderly administration of a property tax freeze program for eligible taxpayers who are totally and permanently disabled in those jurisdictions adopting it. This section is not intended to displace other forms of property tax relief available to homeowners totally and permanently disabled on the effective date of this act except as expressly provided in this section. (b) As used in this section, unless the context otherwise requires, the terms "base tax", "collecting official", "improvement" and "principal residence" shall have the same meanings as given to them in 67-5-705. (c) The legislative body of any county or municipality may by resolution or ordinance adopt the property tax freeze program provided in this section. The county or municipality may thereafter terminate the freeze program by resolution or ordinance; provided, however, that the resolution or ordinance terminating the program shall not have the effect of terminating the program until the following tax year. (d) (1) Taxpayers seeking the property tax freeze shall apply annually to the collecting official by the deadline established in program rules. Applicants shall meet the requirements for total and permanent disability under the rules and regulations adopted by the state board of equalization. The collecting official shall determine whether requirements for eligibility have been met, and the collecting official's determination shall be final, subject to audit and recovery of taxes, including penalty and interest at the rates otherwise provided for delinquent taxes under 67-5-2010, if the applicant is later determined to have not been eligible. Any taxpayer who knowingly provides false information concerning the taxpayer's disability or other information relative to eligibility for the program, commits a Class A misdemeanor. (2) If the collecting official approves the application, property taxes due on the applicant's principal residence shall be the lesser of: (A) The actual tax due; or (B) The base tax; provided, that the base tax shall be adjusted to reflect any percentage increase in the value of the property determined by the assessor to be attributed to improvements made or discovered after the time the base tax was established. (e) (1) To qualify for the property tax freeze, the applicant shall own and use the property for which the freeze is sought as the applicant's principal residence in the year of application or reapplication and through the deadline date for application or reapplication. (2) In addition to the qualifications stated in subdivision (1), the applicant's income, combined with the income of any other owners of the property, and the income of any owners of a remainder interest in the property who used the property as their principal place of residence at any time during the year, may not exceed the limit computed under 67-5-705(f)(3). Income for purposes of qualification means income from all sources as defined by program rules. (f) (1) The comptroller of the treasury is authorized to perform income verification or other related services or assistance at the request of a county or municipality, if the county or municipality agrees to pay fees sufficient to reimburse the actual costs to the comptroller in providing such services or assistance, unless or to the extent not appropriated by the general assembly. (2) Financial records filed for purposes of income verification shall be confidential and shall not be subject to inspection under the Tennessee public records law, compiled in title 10, chapter 7, but shall be available to local or state officials who administer or enforce this section or requirements imposed pursuant to this section. (g) The property tax freeze program for homeowners totally and permanently disabled shall conform to any uniform definitions, application forms and requirements, income verification procedures and other necessary or desirable rules, regulations, policies and procedures not in conflict with this section, as may be adopted by the state board of equalization through the division of property assessments. SECTION 2. If any provision of this act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to that end the provisions of this act are declared to be severable. SECTION 3. For purposes of promulgating rules and regulations, this act shall take effect upon becoming law, the public welfare requiring it. For all other purposes, this act shall take effect on July 1, 2008, the public welfare requiring it and shall apply to tax years beginning on and after January 1, 2009.
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As introduced, enacts a property tax freeze for homeowners totally and permanently disabled. - Amends TCA Title 67, Chapter 5, Part 7.
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As introduced, allows the court in an order for support and maintenance of the children to set a specific amount to cover uninsured medical expenses and if such amount is not paid by the party within 30 days, the court, other party, state, or IV-D contractor may enforce the payment by any legal action permitted by law. - Amends TCA Title 36, Chapter 5, Part 1.
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AN ACT to amend Tennessee Code Annotated, Title 36, Chapter 5, Part 1, relative to uninsured medical expenses. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: SECTION 1. Tennessee Code Annotated, Section 36-5-101(h), is amended by deleting the subsection in its entirety and substituting instead the following: (h) (1) (A) The court shall direct the acquisition or maintenance of health insurance covering each child of the marriage and shall order either party to pay all or a pro rata share of the health care costs not paid by insurance proceeds. Furthermore, in accordance with the Tennessee child support guidelines: (i) If uninsured medical expenses are routinely incurred so that a specific monthly amount can be reasonably established, a specific dollar amount shall be added to the court s order or decree establishing the support and maintenance of the children to cover those established expenses; or (ii) If uninsured medical expenses are not routinely incurred so that a specific monthly amount cannot be reasonably established, the court s order or decree establishing the support and maintenance of the children shall specify that either party pay all, or each party pay a pro rata share, of these expenses. (B) (i) For uninsured medical expenses that are not routinely incurred, the court may require a party to obtain a bank account with an attached debit card and order that either party or both parties pay a specific monthly amount to the debit card account to cover any uninsured medical expenses. The custodial parent shall maintain use and possession of the debit card. Deposits to such account shall be limited to the specific amount referred to in subdivision (A) of this section and accessible solely by means of a debit card that shall only be used to pay for uninsured medical expenses for the child, including but not limited to, co-pays and deductibles. (ii) The court shall set a minimum amount to be deposited in the account, and shall require the custodial parent to maintain the account as required by the financial institution. Any fees incurred for the use of such debit card shall be the sole responsibility of the custodial parent. (iii) Prior to a court requiring a party to obtain a bank account with an attached debit card pursuant to subdivision (B)(i), the court shall determine whether or not a financial institution is willing to open an account to such party, and notwithstanding the provisions of 45-10-101 through 45-10-118, provide deposit and expenditure records of the account to the parties, the parties' attorneys, the court and the state or the state's IV-D contractor upon order of the court within the time contained in the order. If a financial institution is not willing to open a bank account with an attached debit card and provide records upon court order without meeting the requirements of 45-10-101 through 45-10-118, the court shall not order a party to obtain such. (iv) If there is evidence to establish that the custodial parent used the debit card for expenses other than uninsured medical expenses, the other party, the state or the state s IV-D contractor may bring an action to recover such expenses by any legal action permitted by law. (C) If a party fails to pay the party s pro rata share of the child's uninsured medical expenses, including deposits to a debit card account, as specified in the court s order or decree pursuant to subdivision (h)(1)(A), within thirty (30) days after the court, other party, state or the state s IV-D contractor receives evidence documenting the uninsured portion of the expense, the court, the other party, the non-parent caretaker, the state, or its IV-D contractors may enforce payment of the expense by any legal action permitted by law, regardless of the amount of the uninsured portion that is not paid. (2) In no event shall eligibility for or receipt of medicaid or TennCare-Medicaid by the custodial parent be considered to meet the need to provide for the child's health care needs in the order, if reasonable and affordable health insurance is available. (3) In any case in which the court enters an order of support enforced under Title IV-D of the Social Security Act, the court shall enter an order providing for health care coverage to be provided for the child or children. (4) The provisions of 36-5-501(a)(3) shall apply with respect to enrollment of a child in the noncustodial parent's employer-based health care plan. SECTION 2. This act shall take effect July 1, 2009, the public welfare requiring it.
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As introduced, allows the court in an order for support and maintenance of the children to set a specific amount to cover uninsured medical expenses and if such amount is not paid by the party within 30 days, the court, other party, state, or IV-D contractor may enforce the payment by any legal action permitted by law. - Amends TCA Title 36, Chapter 5, Part 1.
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As introduced, delays the sale of land to foreclose a loan, mortgage, or deed of trust on owner-occupied single family residences for a period of time; requires the parties to enter into good faith negotiations during such period to renegotiate the terms and conditions of the loan. - Amends TCA Title 35, Chapter 5, Part 1.
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AN ACT to amend Tennessee Code Annotated, Title 35, Chapter 5, Part 1, relative to foreclosure. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: SECTION 1. Tennessee Code Annotated, Section 35-5-101(b), is amended by deleting the language in its entirety and by substituting instead the following language: (b) (1) Except as provided in subdivision (2), the first publication shall be at least twenty (20) days previous to the sale. (2) With regard to an owner-occupied single family residence, the first publication shall be at least sixty (60) days previous to the sale. SECTION 2. Tennessee Code Annotated, Section 35-5-101, is further amended by adding the following language as a new subsection (f): (f) (1) With regard to an owner-occupied single family residence, if the debtor contacts the trustee or financial institution within ten (10) days of the date the notice required pursuant to subsection (e) was sent to the debtor, and the debtor indicates a desire to arrive at an equitable and just solution with the financial institution concerning more affordable terms and conditions on the loan, mortgage or deed of trust on which the debtor is in default, the trustee or financial institution shall delay any further efforts to foreclose the deed of trust, mortgage or other lien securing the payment of money or other thing of value and enter into good faith negotiations with the debtor to achieve such a solution. Such good faith negotiation period shall not be required to exceed seven (7) months from the date such notice was sent to the debtor. (2) Unless the debtor files for bankruptcy protection, once the debtor contacts the trustee or financial institution and during the period of good faith negotiations, the debtor shall not be required to pay more than thirty-one percent (31%) of the debtor s gross monthly income per month to the trustee or financial institution toward the loan, mortgage or deed of trust; provided, however, that the trustee or financial institution may require payments to be made at the same frequency as required by the terms of the loan, mortgage or deed of trust. The debtor and the trustee or financial institution may agree through good faith negotiations to a payment of a greater amount if the debtor has sufficient financial resources to pay such amount. (3) If, during such seven (7) month period, the parties are unable to arrive at an equitable and just solution in renegotiating new terms and conditions, then the trustee or financial institution is under no obligation to further delay the sale of land to foreclose the loan, mortgage or deed of trust. SECTION 3. This act shall take effect upon becoming a law, the public welfare requiring it.
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As introduced, delays the sale of land to foreclose a loan, mortgage, or deed of trust on owner-occupied single family residences for a period of time; requires the parties to enter into good faith negotiations during such period to renegotiate the terms and conditions of the loan. - Amends TCA Title 35, Chapter 5, Part 1.
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As enacted, urges the health equity commission to study the disproportionate impact of HIV and AIDS on the African-American community.
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AN ACT to amend Tennessee Code Annotated, Title 68, relative to HIV/AIDS in the African-American community. WHEREAS, findings suggest that HIV/AIDS in the African-American community is a crisis separate and apart from the overall issue of HIV/AIDS in other communities; and WHEREAS, African-Americans, especially women, are disproportionately the most severely impacted by HIV/AIDS and the least likely to receive quality care; now, therefore, BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: SECTION 1. Tennessee Code Annotated, Title 68, is amended by adding Sections 2 through 7 as a new chapter. SECTION 2. This chapter shall be known and may be cited as the "African-American HIV/AIDS Response Act". SECTION 3. It is the intent of the general assembly to implement an initiative to establish culturally appropriate programs to ensure that high-quality relevant services are provided to individuals who are most at risk of contracting HIV/AIDS and least likely to receive necessary care. SECTION 4. As used in this chapter, unless the context otherwise requires: (1) "Department" means the department of health; (2) "Fund" means the African-American HIV/AIDS Response Fund; (3) "High-risk community" means a community designated as high-risk for contracting HIV/AIDS by the department of health; (4) "Initiative" means the Statewide African-American Initiative"; and (5) "Office" means the office of minority health. SECTION 5. The department, in coordination with the office, shall develop an initiative to respond to HIV/AIDS infection cases in the African-American community. The department shall appoint a statewide African-American HIV/AIDS steering committee consisting of leadership from service providers, researchers, educators, community-based organizations, the department, and the office to assist in developing and implementing the initiative. SECTION 6. No later than July 1, 2009, the department of health shall issue proposed rules for designating high-risk communities. The rules shall include, but may not be limited to, a standard testing protocol, training for staff, community-based organization experience, and the removal and proper disposal of hazardous waste. The department shall adopt rules in accordance with the Uniform Administrative Procedures Act, title 4, chapter 5, necessary to implement and administer the fund. SECTION 7. (a) The state treasury shall create a fund in which moneys may be deposited to carry out the purposes of this chapter, subject to appropriation in the general appropriations act. Moneys deposited into the fund shall be used for grants for programs to prevent the transmission of HIV/AIDS and other programs and activities consistent with the purposes of this chapter, including, but not limited to, preventing and treating HIV/AIDS in high-risk communities, creation of an HIV/AIDS service delivery system, and the administration of the chapter. Moneys for the fund shall come from appropriations by the general assembly, federal funds, and other public resources. (b) The fund shall provide resources for high-risk communities in Tennessee to create an HIV/AIDS service delivery system that reduces the disparity of HIV/AIDS infection cases between African-Americans and other population groups that may be impacted by the disease by: (1) Developing, implementing, and maintaining a comprehensive, culturally sensitive HIV prevention plan targeting communities identified as high-risk in terms of the impact of the disease on African-Americans; (2) Developing, implementing, and maintaining a stable HIV/AIDS service delivery infrastructure in Tennessee communities that will meet the needs of African-Americans; (3) Developing, implementing, and maintaining a statewide HIV/AIDS testing program; (4) Providing funding for HIV/AIDS social and scientific research to improve prevention and treatment; (5) Providing comprehensive technical and other assistance to African-American community service organizations that are involved in HIV/AIDS prevention and treatment; (6) Developing, implementing, and maintaining an infrastructure for African-American community service organizations to make them less dependent on government resources; (7) Creating and maintaining one-stop shopping HIV/AIDS facilities in communities designated by the department as high-risk across the state; and (8) Providing an overview via public dissemination of local, regional, and national efforts concerning health disparities relating to African-Americans and HIV/AIDS. (c) When awarding grants from the fund, the department shall give priority to the development of comprehensive medical and social services to African-Americans at risk of infection from or infected with HIV/AIDS in areas of the state determined by the department to have the greatest geographic prevalence of HIV/AIDS in the African-American population. SECTION 8. This act shall take effect upon becoming a law, the public welfare requiring it.
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As enacted, urges the health equity commission to study the disproportionate impact of HIV and AIDS on the African-American community.
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As introduced, prohibits in any food service establishment use of trans fats in the preparation of food or food products. - Amends TCA Title 53 and Title 68.
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AN ACT to amend Tennessee Code Annotated, Title 53 and Title 68, relative to trans fats in food. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: SECTION 1. Tennessee Code Annotated, Title 68, Chapter 14, Part 3, is amended by adding the following as a new, appropriately designated section: Section 68-14-328. (a) No foods containing artificial trans fat, as defined in this section, shall be stored, distributed, held for service, used in preparation of any menu item or served in any food service establishment or by any quick fast food establishment, as defined in 68-14-701, except food that is being served directly to patrons in a manufacturer s original sealed package. (b) For the purposes of this section, a food shall be deemed to contain artificial trans fat if the food is labeled as, lists as an ingredient, or has vegetable shortening, margarine or any kind of partially hydrogenated vegetable oil. However, a food whose nutrition facts label or other documentation from the manufacturer lists the trans fat content of the food as less than 0.5 grams per serving, shall not be deemed to contain artificial trans fat. (c) (1) Food service establishments and quick fast food establishments shall maintain on site the original labels for all food products: (i) That are, or that contain, fats, oils or shortenings; and (ii) That are, when purchased by such food service establishments or quick fast food establishments, required by applicable federal and state law to have labels; and (iii) That are currently being stored, distributed, held for service, used in preparation of any menu items, or served by the food service establishment, or by the quick fast food establishment. (2) Documentation acceptable to the department, from the manufacturers of such food products, indicating whether the food products contain vegetable shortening, margarine or any kind of partially hydrogenated vegetable oil, or indicating trans fat content, may be maintained instead of original labels. (3) If baked goods, or other food products restricted pursuant to subsection (a) above, that are or that contain fats, oils or shortenings, are not required to be labeled when purchased, food service establishments and quick fast food establishments shall obtain and maintain documentation acceptable to the department, from the manufacturers of the food products, indicating whether the food products contain vegetable shortening, margarine or any kind of partially hydrogenated vegetable oil, or indicating trans fat content. (d) This section shall take effect on July 1, 2009 with respect to oils, shortenings and margarines containing artificial trans fat that are used for frying or in spreads; except that the effective date of this section with regard to oils or shortenings used for deep frying of yeast dough or cake batter, and all other foods containing artificial trans fat, shall be July 1, 2010. (e) A first violation of the provisions of this section shall subject the establishment to penalties pursuant to the provisions of this part. In addition to any other sanction or remedy available under law, a second or subsequent violation of the provisions of this part shall subject the violating establishment to the revocation of the violator's permit pursuant to 68-14-308. SECTION 2. Tennessee Code Annotated, Title 53, Chapter 8, Part 2, is amended by adding the following as a new section: Section 53-8-223. (a) No foods containing artificial trans fat, as defined in this section, shall be stored, distributed, held for service, used in preparation of any menu item or served in any food service establishment, except food that is being served directly to patrons in a manufacturer s original sealed package. (b) For the purposes of this section, a food shall be deemed to contain artificial trans fat if the food is labeled as, lists as an ingredient, or has vegetable shortening, margarine or any kind of partially hydrogenated vegetable oil. However, a food whose nutrition facts label or other documentation from the manufacturer lists the trans fat content of the food as less than 0.5 grams per serving, shall not be deemed to contain artificial trans fat. (c) (1) Food service establishments shall maintain on site the original labels for all food products: (i) That are, or that contain, fats, oils or shortenings; and (ii) That are, when purchased by such food service establishments, required by applicable federal and state law to have labels; and (iii) That are currently being stored, distributed, held for service, used in preparation of any menu items, or served by the food service establishment. (2) Documentation acceptable to the department, from the manufacturers of such food products, indicating whether the food products contain vegetable shortening, margarine or any kind of partially hydrogenated vegetable oil, or indicating trans fat content, may be maintained instead of original labels. (3) If baked goods, or other food products restricted pursuant to subsection (a) above, that are or that contain fats, oils or shortenings, are not required to be labeled when purchased, food service establishments shall obtain and maintain documentation acceptable to the department, from the manufacturers of the food products, indicating whether the food products contain vegetable shortening, margarine or any kind of partially hydrogenated vegetable oil, or indicating trans fat content. (d) This section shall take effect on July 1, 2009 with respect to oils, shortenings and margarines containing artificial trans fat that are used for frying or in spreads; except that the effective date of this section with regard to oils or shortenings used for deep frying of yeast dough or cake batter, and all other foods containing artificial trans fat, shall be July 1, 2010. (e) A first violation of the provisions of this section shall subject the establishment to penalties pursuant to the provisions of this part. In addition to any other sanction or remedy available under law, a second or subsequent violation of the provisions of this part shall subject the violating establishment to the revocation of the violator's permit pursuant to 53-8-210. SECTION 3. Except as otherwise provided by SECTION 1(d) or SECTION 2(d), this act shall take effect July 1, 2009, the public welfare requiring it.
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As introduced, prohibits in any food service establishment use of trans fats in the preparation of food or food products. - Amends TCA Title 53 and Title 68.
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