Monday, December 22, 2008

2008-12-22 legislation filed

Rep. G. A. Hardaway (D-Memphis) was busy this weekend. I think he's reached his limit for bills filed.

*HB0016 by *Swafford. (SB0008 by *Burks.)

Highway Signs - "Vietnam War Memorial Highway," segment of I-40 in Cumberland County - Amends amend TCA.

Not to be confused with the Vietnam Veterans Parkway from north Nashville to Gallatin.

*HB0017 by *Swafford.

Tobacco, Tobacco Products - 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.

*HB0018 by *Swafford.

Criminal Offenses - 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.

*HB0019 by *Hardaway.

Taxes, Privilege - As introduced, imposes an occupational privilege tax on professional athletes and professional entertainers; establishes fund for juvenile court programs. - Amends TCA Title 67.

It's for the children so it's OK to confiscate their income. Can the team deduct the tax from their salary caps as a donation?

*HB0020 by *Hackworth.

Child Custody and Support - As introduced, establishes the "Office of Noncustodial Parent Advocacy." - Amends TCA Title 36 and Title 37.

From the bill: "The office of noncustodial parent advocacy shall provide assistance to unwed noncustodial parents in obtaining visitation rights to their children." It's just a pilot program...right.

*HB0022 by *Hardaway.

Local Government, General - 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.

Are they adults at 18 or not? We've got to stop straddling the line.

*HB0023 by *Hardaway.

Mortgages - As introduced, establishes the Homeowners' Emergency Mortgage Assistance Fund and delays foreclosure actions under specific circumstances. - Amends TCA Title 13, Chapter 23.

The state doesn't have enough financial trouble as it is--Hardaway wants us to cosign for 2nd and 3rd mortgages. No.

*HB0024 by *Hardaway.

Law Enforcement - 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.

Because abuse of a corpse is on par with rape, robbery and murder and needs immediate attention? Is this really a health issue? Or maybe, let's see, Hardaway represents Memphis. Memphis is full of Ford funeral directors...

*HB0025 by *Hardaway.

Paternity - 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.

And here we have Hardaway's "Insult the Monogomous Mom Act 2.0" his 2006 version having been such a rousing success. Better yet, if Dad has questions let him take 'Junior' for a blood drawing and let Mom and Dad hassle it out in the divorce courts. Further, who is going to hang on to all this DNA and/or assure us that privacy isn't being violated? Absolutely NO. If Dad and Mom don't have a's not the state's business either. This is NOT more bureaucracy the state taxpayers need to take on.

*HB0026 by *Hardaway.

Judges and Chancellors - As introduced, adds one nonlawyer to judicial selection commission; increases membership of commission from 17 to 18 persons. - Amends TCA Title 17.

Would this be the same judicial selection commission that is being sunsetted by the Republicans for being unconstitutional? Is an even number a good idea at all?

*HB0027 by *Hardaway.

Criminal Offenses - 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.

*HB0028 by *Hardaway.

Arson - 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.

*HB0029 by *Hardaway.

Criminal Offenses - 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.

*HB0030 by *Hardaway.

Arson - 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.

*HB0031 by *Hardaway.

Election Laws - 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.

Not only do you not need a photo ID to vote---you don't even need a stamp. The taxpayers will cover this cost too. Of course, if you're a military voter....

*HB0032 by *Hardaway.

Criminal Offenses - As introduced, enacts the "Crime-Free School Zone Act." - Amends TCA Title 39; Title 40 and Title 49.

Because the 'gun free' school zones have worked so well.

*HB0033 by *Hardaway.

Adoption - 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.

Miss 4 months of child support or visitation willfully and you're cut off. Nevermind if your name is on the birth certificate.

*HB0034 by *Hardaway.

Funeral Directors and Embalmers - 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.

Again, Hardaway takes on the Memphis morticians.

*HB0035 by *Hardaway.

Public Funds and Financing - 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.

Symbolism over substance. Assumes we'll have any public funds to invest.

*HB0036 by *Hardaway.

Motor Vehicles - As introduced, removes present exemptions to offense involving allowing minor on off-highway vehicle without helmet. - Amends TCA Section 55-52-201.

Sorry, Mom and Dad you "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."They're teens. They're going to do something stupid if given half a chance.

*HB0037 by *Hardaway.

County Government - 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.

*HB0038 by *Hardaway.

General Assembly - As introduced, requires the general assembly to approve of all historical artifacts to be displayed on the second floor of the capitol and allows the general assembly to remove historical articles if appropriate. - Amends TCA Title 3 and Title 4.

If the archivists you've hired to handle historical items aren't doing their job correctly, fire 'em. But I would hope our legislators have better things to do than hover over the display cases looking for items there inappropriately. What on Earth could this be preventing?

*HB0039 by *Hardaway.

Insurance, Health, Accident - 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.

How about we flip this around. State legislators (and employees) have to buy into the same programs the rest of us have to endure? Maybe some of those prohibitions on buying out of state plans might come down.

*HB0040 by *Hardaway.

Correction, Dept. of - 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.

And when they're released can WE know about it?

*HB0041 by *Hardaway.

Funeral Directors and Embalmers - 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.

What's with Hardaway and the morticians? Is this the fourth or fifth bill he's filed on the topic?

*HB0042 by *Hardaway.

Taxes, Privilege - 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.

This reads like three card monte with taxes. See if you can find your money before they do.

*HB0043 by *Hardaway.

Lottery, Scholarships and Programs - As introduced, divides lottery scholarship ASPIRE award into a grant and a required work-study program. - Amends TCA Section 49-4-915.

And the legislative session hasn't formally begun yet.

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