Friday, January 30, 2009

2009-01-30 legislation filed to SB0099

Since House Bills generally drive the legislature I've focused on them. I don't usually duplicate the Senate version when it gets filed. Here are the Senate Bills that have been filed with no House sponsors yet.

*SB 0033 by Sen. Tim Barnes (D-Adams)

Highway Signs - As introduced, "Charles 'Chuck' Duncheskie Memorial Parkway," Dover Crossing in City of Clarksville, Montgomery County. -

*SB 0034 by Sen. Beverly Marrero (D-Memphis)

Mental Illness - As introduced, authorizes judicial commitment to mandatory outpatient treatment as an alternative to involuntary care and treatment in a hospital or treatment resource. - Amends TCA Title 33, Chapter 6, Part 5.

*SB 0035 by Sen. Beverly Marrero (D-Memphis)

Remedies and Special Proceedings - As introduced, allows court to deny name change petition if court believes it is to defraud, not made in good faith, will cause injury, or compromises public safety. - Amends TCA Title 29, Chapter 8, Part 1.

This isn't already within the authority of a judge?

*SB 0036 by Sen. James Kyle, Jr. (D-Memphis)

Banks and Financial Institutions - As introduced, delays foreclosure proceedings and the eviction of a tenant residing in a single-family residence under certain circumstances. - Amends TCA Title 29; Title 35; Title 45; Title 47 and Title 66.

*SB 0037 by Sen. James Kyle, Jr. (D-Memphis)

Lottery, Scholarships and Programs - As introduced, expands eligibility for helping heroes grants to include current members of a reserve or Tennessee national guard unit who have served on active military service of the United States and who meet all other eligibility requirements for the grants; removes limitation on the number of recipients of helping heroes grants, but retains limitation on the amount to be expended for such grants. - Amends TCA Section 49-4-938.

*SB 0048 by Sen. Dewayne Bunch (R-Cleveland)

Lottery, Scholarships and Programs - As introduced, changes Tennessee HOPE scholarship eligibility requirement for children of military parents deployed outside of Tennessee, who did not reside in Tennessee immediately prior to application for the scholarship and did not graduate from a Tennessee high school, from "parent's home of record was Tennessee at time of entry into military service" to "such student qualifies for in-state tuition at time of enrollment in an eligible postsecondary institution." - Amends TCA Title 49, Chapter 4, Part 9.

*SB 0051 by Sen. Dewayne Bunch (R-Cleveland)

Judges and Chancellors - As introduced, requires meetings of judicial selection commission regarding judicial vacancies to be held in public. - Amends TCA Title 17, Chapter 4, Part 1.

Judicial Selection Committee? I thought that was being sunsetted---it being unconstitutional and all. See also SB0061 below.

*SB 0052 by Sen. Dewayne Bunch (R-Cleveland)

Domestic Relations - As introduced, requires the department of children's services to report to the select committee on children and youth the total number of adoptions, the number involving adoptive parents that are related to the child, and the number involving adoptive parents that are not related to the child each year. - Amends TCA Title 4; Title 36; Title 39; Title 67 and Title 68.

*SB 0053 by Sen. Dewayne Bunch (R-Cleveland)

Taxes, Privilege - As introduced, authorizes certain counties or municipalities to increase the rate of certain taxes levied on transient vendors; requires any such tax rate increase to be levied by two-thirds vote of the local legislative body. - Amends TCA Title 67, Chapter 4.

*SB 0056 by Sen. Dewayne Bunch (R-Cleveland)

- As introduced, suspends driver license of a student suspended for 10 or more days during a school year until the student reaches 18 years of age or for two years from the date of the 10th day of suspension, whichever is later, and provides that unlicensed student who is suspended for 10 or more days in a school year shall not be eligible for a driver license until reaching 18 years of age or for a period of two years from the date of the 10th day of suspension, whichever is later. - Amends TCA Title 49 and Title 55.

*SB 0057 by Sen. Dewayne Bunch (R-Cleveland)

Courts, General Sessions - As introduced, provides that each county with a population in excess of 100,000 according to 2010 federal census be served by at least 3 divisions of general sessions court to be presided over by at least 3 full-time judges. - Amends TCA Title 16, Chapter 15.

*SB 0058 by Sen. Dewayne Bunch (R-Cleveland)

Safety, Dept. of - As introduced, requires hearings by department of safety reviewing revocation of driver license of person under age of 18 to be held at a time other than during school hours. - Amends TCA Section 49-6-3017 and Title 55, Chapter 50.

*SB 0059 by Sen. Dewayne Bunch (R-Cleveland)

Architects, Engineers and Designers - As introduced, exempts signs that cost $25,000 or less, have no more than 150 square feet of sign face, and are no more than 25 feet high from requirement that registered architect or engineer must prepare plans and specifications for any building or structure. - Amends TCA Title 62, Chapter 2.

*SB 0061 by Sen. Dewayne Bunch (R-Cleveland)

Judges and Chancellors - As introduced, requires meetings of judicial selection commission regarding judicial vacancies to be held in public. - Amends TCA Title 4, Chapter 29, Part 2 and Title 17.

*SB 0062 by Sen. Dewayne Bunch (R-Cleveland)

Judicial Districts - As introduced, requires judicial council to draft proposal reconstituting existing judicial districts by January 1, 2010, based upon population and provides that future determinations as to need for new judicial positions be based exclusively on population rather than weighted caseload formula. - Amends TCA Title 16, Chapter 2, Part 5.

*SB 0050 by Sen. Dewayne Bunch (R-Cleveland)

Child Custody and Support - As introduced, creates rebuttable presumption that shared custody is in child's best interests. - Amends amend TCA Title 36, Chapter 6, Part 1.

*SB 0066 by Sen. Dewayne Bunch (R-Cleveland)

Criminal Offenses - As introduced, creates theft offense of making false statement or concealment of material fact for purpose of obtaining accommodation in housing project of a housing authority or for paying less rent than required for such dwelling. - Amends TCA Title 39, Chapter 11, Part 1 and Title 39, Chapter 14, Part 1.

*SB 0067 by Sen. Dewayne Bunch (R-Cleveland)

Education - As introduced, defines "alternative education" as nontraditional academic program designed to meet the student's educational, behavioral, and social needs. - Amends TCA Title 49.

*SB 0072 by Sen. Jim Tracy (R-Shelbyville)

Local Education Agency - As introduced, allows any operating LEA to convert to a special school district. - Amends TCA Title 49, Chapter 2, Part 5.

*SB 0073 by Sen. Jim Tracy (R-Shelbyville)

Education - As introduced, removes restriction on commercial advertising on school buses that requires such advertising to be composed of black lettering on a white background. - Amends TCA Section 49-6-2109(e).

*SB 0074 by Sen. Jim Tracy (R-Shelbyville)

Students - As introduced, authorizes random drug testing of students who participate in voluntary extracurricular activities. - Amends TCA Section 49-6-4213.

*SB 0075 by Sen. Paul Stanley (R-Memphis)

Education - Enacts the "Parental Choice Scholarship Program Act of 2009." -

Freedom for poor families from the grip of a public school system that will not let them go. Will private school parents (like Governor Phil Bredesen and Superintendent of Schools Nashville Mayor Karl Dean) stand in the school house door and prevent this?

*SB 0077 by Sen. Paul Stanley (R-Memphis)

Eminent Domain - As introduced, enacts the "Property Owners Bill of Rights." - Amends TCA Title 5; Title 6; Title 7; Title 11; Title 12; Title 13; Title 29; Title 43; Title 64; Title 65; Title 68; Title 69 and Title 70.

This should be named the "Joy Ford Memorial Property Rights Bill" or the "Back up MDHA Bill". From the act:
“Blighted property” means a single parcel of land the condition of
which causes the risk of immediate physical harm to people or other property.
For purposes of this subsection, “physical harm” does not include a loss of
property value;
And this one already has them up in arms:

*SB 0078 by Sen. Paul Stanley (R-Memphis)

Adoption - Prohibits any individual who is cohabitating in a sexual relationship outside of a marriage that is valid under the constitution and laws of this state from adopting a minor. - Amends TCA Title 36 and Title 49.

The best place for children is in a stable home which includes a married husband and wife to provide good parenting and gender modeling by a mother and a father. Statistics tell us that abuse is more likely when the man and woman are merely cohabitating. From the act:
"The public policy of this state is to favor marriage, as defined by the constitution and laws of this state, over unmarried sexual cohabitation. It is also the public policy of this state to place children into adoptive families that provide the most stable familial relationships for that child and will foster an appreciation for the policies of this state that favor marriage over unmarried cohabitation. The general assembly specifically finds that it is not in a child’s best interest to be adopted by a person who is cohabitating in a sexual relationship that is not a legally valid and binding marriage under the constitution and laws of this state."

*SB 0079 by Sen. Paul Stanley (R-Memphis)

Taxes, Excise - As introduced, allows credit against excise tax in amount equal to 15 percent of taxpayer's expenditures in state for research and experimental purposes. - Amends TCA Title 67, Chapter 4.

*SB 0080 by Sen. Paul Stanley (R-Memphis)

Wine, Wineries - As introduced, creates wine direct shipper license to be issued through the alcoholic beverage commission that would allow an in-state or out-of-state entity to ship wine directly to consumers age 21 years or older in this state for personal use. - Amends amend TCA.

*SB 0081 by Sen. Paul Stanley (R-Memphis)

School Districts, Special - As introduced, allows any local education agency to convert to a special school district, notwithstanding the prohibition of the creation of new special school districts after April 30, 1982. - Amends TCA Section 49-2-501.

*SB 0082 by Sen. Paul Stanley (R-Memphis)

Taxes, Income - As introduced, increases the Hall income tax exemption for taxpayers 65 years of age or older from $16,200 to $36,000 of income from all sources for single filers and from $27,000 to $60,000 of income from all sources for taxpayers filing jointly. - Amends TCA Title 67, Chapter 2.

Yes, Tennessee does have an income tax...of sorts. This should be raised.

*SB 0083 by Sen. Paul Stanley (R-Memphis)

Employees, Employers - As introduced, prohibits local governments from requiring private employer to pay its employees any wage not required to be paid to such employee under state or federal law. - Amends TCA Title 50, Chapter 2, Part 1.

No 'living wage' requirements popping up across the state if this passes. That's a good thing.

*SB 0084 by Sen. Paul Stanley (R-Memphis)

Firearms and Ammunition - As introduced, authorizes person with a handgun permit who is not consuming alcohol to carry handgun in building where beer or alcoholic beverages are being served subject to posting of property provisions, and adds violation of possessing a firearm where alcohol is served as a reason for revocation of a person's handgun permit. - Amends TCA Title 39, Chapter 17.

*SB 0086 by Sen. Paul Stanley (R-Memphis)

Victims' Rights - As introduced, prohibits a medical facility from holding the victim of domestic abuse responsible for the payment of a forensic medical examination and provides for compensation of such exam by the criminal injuries compensation fund. - Amends TCA Title 29, Chapter 13.

*SB 0088 by Sen. Paul Stanley (R-Memphis)

Tennessee Emergency Management Agency (TEMA) - As introduced, requires TEMA to coordinate with all counties and add a certain number of civil defense sirens for disaster warnings each year until all areas with at least 40 people per square mile are covered by such sirens. - Amends TCA Title 58, Chapter 2, Part 1.

*SB 0091 by Sen. Douglas Henry (D-Nashville)

Medical Occupations - As introduced, changes the minimum meetings of the committee for clinical perfusion from quarterly to annually. - Amends TCA Title 68, Chapter 28, Part 1.

Maybe we don't need it at all.

*SB 0096 by Sen. Andy Berke (D-Chattanooga)

Education - As introduced, requires LEAs to report each fiscal year the percentage of expenditures made on classroom expenditures district-wide and by school; requires classroom expenditures to be at least 70 percent of the total operating expenditures both district-wide and by school by fiscal year 2013-2014 and to reach at least 90 percent by fiscal year 2017-2018. - Amends TCA Title 49.

I like this. There's been a push for a long time to move expenditures out of the central office and into the classroom. This is a tough requirement. I'll be happy if the first step is knowing exactly how much money is going to each school and their classrooms. Nashville's anti-rezoning folks should appreciate this information as they ramp up their lawsuits asserting re-segregation of the schools. This would provide proof that the resources weren't being shared evenly. Of course, evenly isn't necessarily the best thing. But let's know where the money is going first.

*SB 0098 by Sen. Andy Berke (D-Chattanooga)

Consumer Protection - As introduced, creates a rebuttable presumption price-gouging has been committed if there has been an immediate price increase of 25 percent or more for any consumer item; provides that the penalty for price-gouging may include a fine that is three times the amount of gross profits. - Amends TCA Title 47, Chapter 18, Part 51.

*SB 0099 by Sen. Andy Berke (D-Chattanooga)

Education - As introduced, requires department of education to develop "College to Kids" program to raise awareness in public schools about benefits of attending college by having professional adults volunteer to visit schools across state. - Amends TCA Title 49, Chapter 1, Part 2.

Again, we're reinventing the wheel. There are already organizations in schools reminding students of the benefits of staying in school and going on to college. There are posters all over the walls of the schools. Teachers emphasize it. The problem is it's tough to compete against our current passion for rock stars, athletes and the local 'independent distributor' on the corner. And let's not overlook the fact that not every child is suited for college.

2009-01-30 Legislation filed to HB0282

...

*HB 0283 by Rep. Glen Casada (R-Franklin)

Election Laws - As introduced, removes provision requiring mandatory hand count audits of at least 3 percent of the votes cast in an election. - Amends TCA Title 2, Chapter 20, Part 1.

*HB 0284 by Rep. Eric Watson (R-Cleveland)

Methamphetamine - As introduced, provides that possession of more than 20 grams of meth precursor within a 30-day period is prima facie evidence of intent to promote meth manufacture. - Amends TCA Title 39, Chapter 17, Part 4.

*HB 0285 by Rep. Jim Coley (R-Bartlett)

Education - As introduced, requires the commissioner of education to develop curriculum for the instruction of Chinese; encourages LEAs to teach Chinese. - Amends TCA Title 49, Chapter 6.

Because we've got English down cold.

HB 0286 by Rep. Jim Cobb (R-Spring City) ( SB 0090 by Sen. Ken Yager (R-Harriman) )

Rhea County - As introduced, subject to local approval, allows partisan elections for county executive of Rhea County. - Amends Chapter 322 of the Private Acts of 1978.

HB 0288 by Rep. Mike Kelsey (R-Germantown) ( *SB 0085 by Sen. Paul Stanley (R-Memphis) )

Criminal Offenses - As introduced, makes disqualification from office for conviction of bribery in another state or under federal law retroactive. - Amends TCA Section 39-16-103.

Yes, please.

HB 0289 by Rep. Mike Kelsey (R-Germantown) ( *SB 0076 by Sen. Paul Stanley (R-Memphis) )

Tort Liability and Reform - As introduced, replaces the term "medical malpractice" with "health care liability action" and revises provisions concerning damages, attorney fees, and other matters in such actions. - Amends TCA Title 29, Chapter 26, Part 1.

*HB 0276 by Rep. Vince Dean (R-East Ridge)

Fireworks - As introduced, revises the current scheme of regulating the sale, possession, or use of consumer fireworks by local governments. - Amends TCA Title 68, Chapter 104.

*HB 0277 by Rep. Henry Fincher (D-Cookeville)

TennCare - As introduced, subject to restrictions in federal law, authorizes the bureau of TennCare to immediately render an enrollee ineligible to receive TennCare benefits if said enrollee has engaged in any act to defraud the TennCare program. - Amends TCA Title 71.

*HB 0278 by Rep. Henry Fincher (D-Cookeville)

State Symbols - As introduced, designates "agate" as the official state mineral. - Amends TCA Title 4, Chapter 1, Part 3.

*HB 0279 by Rep. Judd Matheny (R-Tullahoma)

Law Enforcement - As introduced, increases the amount that a person serving as private special deputy must provide to prove financial responsibility from no less than $50,000 to no less than $60,000. - Amends TCA Section 38-8-118.

*HB 0280 by Rep. Judd Matheny (R-Tullahoma)

Salaries and Benefits - As introduced, authorizes state employees enrolled in the group insurance plan to transfer to a different authorized state insurance plan once during a non-enrollment period for a medically necessary procedure for the enrollee or a dependent of the enrollee, if the procedure is not covered by the plan that provides coverage to the employee. - Amends TCA Title 8, Chapter 27.

*HB 0281 by Rep. Judd Matheny (R-Tullahoma)

Education - As introduced, defines "proficient" on the TCAP tests as demonstrating knowledge of content area and "advanced" as demonstrating critical thinking and problem solving skills. - Amends TCA Title 49.

*HB 0282 by Rep. Glen Casada (R-Franklin)

Motor Vehicles - As introduced, requires, rather than permits, motor vehicle officer investigating scene of accident to have parties exchange insurance information. - Amends TCA Title 55, Chapter 10, Part 1.

2009-01-30 Legislation filed to HB0275

More bills. Legislative webmaster still hasn't fixed all the legislator links from legislation. For example Sen. Bunch's page is District 9 but it's linked to District 09 which is a dead link.

*HB 0251 by Rep. Glen Casada (R-Franklin)

Motor Vehicles - As introduced, requires, rather than permits, motor vehicle officer investigating scene of accident to have parties exchange insurance information. - Amends TCA Title 55, Chapter 10, Part 1.

*HB 0252 by Rep. Glen Casada (R-Franklin)

Open Meetings - As introduced, specifically includes the general assembly within the provisions of Tennessee's open meetings statute. - Amends TCA Title 3, Chapter 1 and Title 8, Chapter 44.

YES! YES! From the act:
"With respect to meetings conducted by the general assembly, senate, house of representatives or any joint committee, standing committee, statutory committee, special committee, select committee, oversight committee, ad hoc committee, or any other committee or subcommittee thereof (snip)

A general assembly shall not exempt itself from the provisions of this section except by adoption of a rule that specifically permits meetings to be held that are not in compliance with this section."
Let's blow the doors off of that smoke filled back room they built during their office renovations.

*HB 0253 by Rep. Glen Casada (R-Franklin)

Criminal Offenses - As introduced, adds certain violations of rules of road to present violations resulting in accident that are penalized as Class A misdemeanors when involving death or as Class B misdemeanors when involving serious bodily injury. - Amends TCA Title 55, Chapter 8.

*HB 0254 by Rep. Glen Casada (R-Franklin)

Firearms and Ammunition - As introduced, deletes requirement that the purchaser of a firearm give a thumbprint as part of background check process and that the TBI furnish thumbprint cards and pads to firearm dealers. - Amends TCA Title 39, Chapter 17, Part 13.

*HB 0255 by Rep. Glen Casada (R-Franklin)

DUI/DWI Offenses - As introduced, requires judge to order that motor vehicle owned or driven by person convicted of DUI on second or third offense to be equipped with functioning ignition interlock device after period of license suspension; allows judge to order ignition interlock device on first offense DUI. - Amends TCA Title 40, Chapter 33 and Title 55, Chapter 10, Part 4.

*HB 0256 by Rep. Glen Casada (R-Franklin)

Workers Compensation - As introduced, excludes from workers' compensation injuries that occur during recreational activities, are not required by the employer, and do not directly benefit the employer. - Amends TCA Section 50-6-110.

Looks like the softball team is on their own injury-wise.

HB 0257 by Rep. Eric Watson (R-Cleveland) ( *SB 0065 by Sen. Dewayne Bunch (R-Cleveland) )

Taxes, Sales - As introduced, broadens eligibility for Tennessee River resort district status. - Amends TCA Section 57-4-102 and Section 67-6-103.

HB 0258 by Rep. Eric Watson (R-Cleveland) ( *SB 0068 by Sen. Dewayne Bunch (R-Cleveland) )

Juries and Jurors - As introduced, exempts Knox County from jury service reform act that took effect January 1, 2009, and provides that law in effect prior to such date governs juries and jury panels in such county. - Amends TCA Title 22, Chapter 2, Part 1.

HB 0259 by Rep. Eric Watson (R-Cleveland) ( *SB 0069 by Sen. Dewayne Bunch (R-Cleveland) )

Criminal Offenses - As introduced, creates new Class E and D felony offenses for committing or attempting to commit a terroristic threat or act; Class C and B felony offenses for committing or attempting to commit a terroristic threat or act against another in retaliation of that person's participation in certain acts; and a Class A felony offense for committing or attempting to commit a terroristic act that causes serious physical injury to another. - Amends TCA Title 39.

HB 0260 by Rep. Eric Watson (R-Cleveland) ( *SB 0055 by Sen. Dewayne Bunch (R-Cleveland) )

Taxes, Sales - As introduced, broadens eligibility for Tennessee River resort district status. - Amends TCA Title 67, Chapter 6, Part 1.

HB 0261 by Rep. Eric Watson (R-Cleveland) ( *SB 0049 by Sen. Dewayne Bunch (R-Cleveland) )

Registers of Deeds - As introduced, removes requirement that county registers remit to the general fund 52 percent of their commissions for collecting registration taxes. - Amends TCA Title 8, Chapter 13; Title 8, Chapter 21 and Title 67, Chapter 4, Part 4.

HB 0262 by Rep. Eric Watson (R-Cleveland) ( *SB 0063 by Sen. Dewayne Bunch (R-Cleveland) )

Driver Licenses - As introduced, requires that all written examinations for driver license or intermediate driver license be in English. - Amends TCA Title 55, Chapter 50, Part 3.

This is the second bill to require these tests to be in English.

*HB 0263 by Rep. Eric Watson (R-Cleveland)

Law Enforcement - As introduced, requires complaints against certain law enforcement officers to be in writing, signed by the complainant, and a copy given to the affected officer. - Amends TCA Title 38, Chapter 8.

*HB 0264 by Rep. Eric Watson (R-Cleveland)

Criminal Offenses - As introduced, increases penalties for resisting arrest from Class B misdemeanor to Class A misdemeanor and from Class A misdemeanor to Class E felony if a deadly weapon is used in resisting the arrest; requires court to suspend defendant's driver license if motor vehicle is used as deadly weapon. - Amends TCA Section 39-16-602.

*HB 0265 by Rep. Eric Watson (R-Cleveland)

General Assembly - As introduced, requires governor's office or other appropriate state agency to give three business days notice to any member where the awarding of a grant is being announced in the member's district; allows notice to be by electronic mail. - Amends TCA Title 3, Chapter 1 and Title 4.

Because the governor shouldn't be the only taking advantage of the photo op.

*HB 0266 by Rep. Eric Watson (R-Cleveland)

Criminal Procedure - As introduced, adds omitted languge from provision allowing law of self-defense to apply to a person's business as well as the dwelling, residence, and occupied vehicle. - Amends TCA Title 39, Chapter 11, Part 6.

*HB 0267 by Rep. Eric Watson (R-Cleveland)

Election Laws - 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, Part 1.

Common sense.

*HB 0268 by Rep. Eric Watson (R-Cleveland)

Domestic Violence - As introduced, clarifies that victims are not required to pay court costs and attendant fees for ex parte orders of protection. - Amends TCA Title 36, Chapter 3, Part 6.

*HB 0269 by Rep. Eric Watson (R-Cleveland)

Criminal Offenses - As introduced, creates a Class E felony offense for providing a public servant with documentation falsely stating or implying that a person is a legally documented immigrant to the United States for the purpose of obtaining certain public benefits including TennCare or for providing false documents to an employer for the purpose of obtaining employment. - Amends TCA Title 4 and Title 39, Chapter 16, Part 5.

More common sense. And it continues:

*HB 0270 by Rep. Eric Watson (R-Cleveland)

Election Laws - As introduced, requires citizenship status to be proven prior to registration to vote and requires certain procedures to ensure identity and citizenship status prior to voting. - Amends TCA Title 2.

*HB 0271 by Rep. Eric Watson (R-Cleveland)

County Government - As introduced, requires state treasurer to make certified public administrator's educational incentive payments to sheriffs irrespective of other supplements received for in-service training or professional development. - Amends TCA Section 5-1-310.

*HB 0272 by Rep. Vince Dean (R-East Ridge)

Fireworks - As introduced, authorizes City of East Ridge to sell at retail Class C common fireworks; the provisions of title 68, chapter 104, part 1 regulating fireworks apply to such sales. -

*HB 0273 by Rep. Vince Dean (R-East Ridge)

Local Government, General - As introduced, clarifies that any provision of law or charter provision that requires a county or municipality to sell surplus property by public auction, such term includes sale by Internet auction. - Amends TCA Title 5; Title 6 and Title 7.

*HB 0274 by Rep. Vince Dean (R-East Ridge)

Sheriffs - As introduced, revises archaic language prohibiting members of the general assembly from being nominated or commissioned as, or practicing attorneys from serving, as sheriff and instead prohibits a person from engaging in the practice of law or serving as a member of the general assembly while serving as sheriff. - Amends TCA Section 8-8-101.

*HB 0275 by Rep. Vince Dean (R-East Ridge)

Criminal Offenses - As introduced, creates theft offense of making false statement or concealment of material fact for purpose of obtaining accommodation in housing project of a housing authority or paying less rent than required for such dwelling. - Amends TCA Title 39, Chapter 11, Part 1 and Title 39, Chapter 14, Part 1.

...

Blago-Bredesen connection

In closing arguments before being impeached former Illinois Governor Rod Blagoevich throws everything in the mix in a desperate effort to see what might sway his legislature and keep him in office. Gov. Phil Bredesen get's a mention. The context is Blagoevich's effort to find and provide flu vaccines during 2005:

Not only did we successfully get the flu vaccines we sought, but there was a desire and a demand from other states for those flu vaccines. And Governor Bill Richardson from New Mexico called, and we were able to get him some. And my recollection, my recollection is the governor of Tennessee was interested, Governor Bredesen, to see whether or not we could share some of those flu vaccines with him. Via Chicago Sun-Times

2009-01-30 Legislation filed to HB0250

...

*HB 0226 by Rep. Gary Odom (D-Nashville)

Appropriations - As introduced, makes appropriations for the purpose of defraying the expenses of certain legislative enactments passed during the 2009 session of the 106th General Assembly. -

From the Act:
"SECTION 1. From funds available to the department of transportation, a sum sufficient is earmarked for the sole purpose of implementing any bills or resolutions enacted in accordance with the provisions of § 54-1-133 or § 54-5-1003 by the 2009 session of the One Hundred Sixth General Assembly." [The current session--ed]

*HB 0227 by Rep. Gary Odom (D-Nashville)

Lottery, Scholarships and Programs - As introduced, adds University of Tennessee System and Board of Regents as recipients of THEC's annual report on scholarship and grant programs data. - Amends TCA Title 4, Chapter 31; Title 4, Chapter 51; Title 8, Chapter 4; Title 9, Chapter 4 and Title 49.

Why don't we just publish this information and let anyone, including UT Regents, review it?

*HB 0228 by Rep. Gary Odom (D-Nashville)

Taxes, Excise - As introduced, increases franchise and excise tax credit for financial institutions donating to the Tennessee rural development opportunity fund from 10 percent of contribution to 12 percent of contribution. - Amends TCA Title 4; Title 5; Title 6; Title 7; Title 8; Title 9; Title 12; Title 16; Title 30; Title 36; Title 39; Title 40; Title 45; Title 47; Title 48; Title 55; Title 56; Title 57; Title 61; Title 62; Title 63; Title 67; Title 68; Title 69; Title 70 and Title 71.

*HB 0229 by Rep. Gary Odom (D-Nashville)

Bond Issues - As introduced, authorizes issuance of bonds to fund state projects. -

$50 million of debt to fund capital improvements for higher education. No. Tennessee does not need to be encumbered by more debt. No.

*HB 0230 by Rep. Curry Todd (R-Collierville)

Education - As introduced, allows local boards of education to delegate authority regarding assignment of individual students for decision-making on such matters. - Amends TCA Title 49.

Pet peeve of mine is electing BOE members, who get paid, and then delegate the work to others. That way they can't be directly blamed for the decision come election time.

*HB 0231 by Rep. Curry Todd (R-Collierville)

Highway Signs - As introduced, "Jerry Lee Lewis Highway," segment of State Route 176 (Getwell Road) in Shelby County. -

*HB 0232 by Rep. Curry Todd (R-Collierville)

Trademarks and Trade Names - As introduced, adds number of units as basis for grading criminal classification of use of counterfeit mark or logo. - Amends TCA Section 39-14-152.

*HB 0233 by Rep. Curry Todd (R-Collierville)

Handgun Permits - As introduced, allows person who has handgun carry permit and is not consuming alcohol to possess handgun in any restaurant that derives more than 60 percent of its revenue from the sale of food and allows transient or guest to carry in confines of a hotel except in area where alcohol being served - Amends TCA Title 39, Chapter 17, Part 13.

*HB 0234 by Rep. Curry Todd (R-Collierville)

Law Enforcement - As introduced, requires law enforcement agencies to open shooting ranges to retired, full-time, commissioned law enforcement officers when not used by law enforcement personnel, in addition to present, permissible use by general public. - Amends TCA Section 38-8-116.

How about opening up the ranges to citizens also? Additional revenue from usage fees which can help pay for maintenance and upgrade of the ranges with the additonal benefit of encourging safety and accurate marksmanship.

*HB 0235 by

Mortgages - As introduced, requires creditors in certain situations to conduct an in-person meeting with a debtor who is in default to explore options for the debtor to avoid foreclosure. - Amends TCA Title 29; Title 35; Title 45; Title 47 and Title 66.

*HB 0238 by Rep. John DeBerry (D-Memphis)

Criminal Offenses - As introduced, prohibits a person convicted of a felony involving the use or attempted use of force, violence, or a deadly weapon from knowingly possessing a vicious dog. - Amends TCA Title 39, Chapter 17 and Title 44, Chapter 8.

Vicious is defined as:
"(A) Has a propensity to attack, to cause serious bodily injury to or
to otherwise endanger the safety of human beings without provocation; or
(B) Is trained to fight, attack or kill or has been used to fight."
Expect the lovers of breeds with a propensity to attack to fight this.

*HB 0239 by Rep. Jason Mumpower (R-Bristol)

State Government - As introduced, grants state recognition to certain Indian tribes, bands, and groups; provides means for other Indian tribes, bands, and groups to receive state recognition. - Amends TCA Title 4.

From the act:
"The general assembly hereby appoints the Confederation of Tennessee Native Tribes as the entity that shall review and present for recognition any tribes, bands, and groups which seek such recognition."

*HB 0240 by Rep. Barrett Rich (R-Somerville)

Criminal Procedure - As introduced, provides that a defendant who knowingly commits an offense in a county other than the defendant's county of residence is not eligible for probation. - Amends TCA Title 40, Chapter 35, Part 3.

*HB 0241 by Rep. Barrett Rich (R-Somerville)

Sentencing - As introduced, requires person who commits a first or subsequent aggravated robbery by use of a deadly weapon to serve at least 85 percent of the sentence imposed before becoming eligible for release status. - Amends TCA Title 40, Chapter 35, Part 5.

*HB 0243 by Rep. Barrett Rich (R-Somerville)

Public Officials - As introduced, prohibits the naming of public structures after sitting members of the general assembly; grandfathers structures already so named. - Amends TCA Title 3, Chapter 2.

YES!

*HB 0244 by Rep. Barrett Rich (R-Somerville)

Highway Signs - As introduced, "Eddie L. Niles Bridge," U.S. Highway 64 in City of Somerville, Fayette County. -

*HB 0245 by Rep. Barrett Rich (R-Somerville)

Evidence - As introduced, provides that evidence obtained by use of radar device cannot be used in evidence to prove speed of vehicle unless the operator was certified in vehicular velocity estimation by state-approved program. - Amends TCA Title 24, Chapter 7; Title 38, Chapter 8 and Title 55, Chapter 8.

Yes. Reminds me of back when we started tightening up on DUI's and defense lawyers would grill the officer about their knowledge of the breathalyzer and would work to get the case thrown out due to operator error. I'd also like to see some sort of immediate proof handed to the driver at the time he's pulled over because of a radar gun. I'm not implying officers would misrepresent the speed but it would save some whining if they could had the alleged offender an immediate report from the gun for their records. Might include date, time, officer's name, last date the gun was calibrated...

*HB 0246 by Rep. Susan Lynn (R-Mt. Juliet)

Budget Procedures - As introduced, enacts the "Taxpayer Transparency Act"; requires the commissioner of finance and administration to create and maintain a searchable budget database Web site detailing certain state budgetary information. - Amends TCA Title 9, Chapter 4, Part 51.

Yes, yes, yes! Minimum of 10 year archive going forward. From the act:
"The general assembly finds that Tennessee's taxpayers should be able to easily access the details on how state government is spending their tax dollars and what performance results are achieved for those expenditures."
Absolutely. And let's get this enacted for every government entity from the legislature, through cities and boards of education...the entire lot. Open those check registers up for accountability.

*HB 0248 by Rep. Harry Brooks (R-Knoxville)

Education - As introduced, permits class size limits to be exceeded in career and technical classes in which physical safety precautions are not required; provided, that such classes do not impair instruction and do not exceed the limits for academic classes in grades 7-12. - Amends TCA Title 49.

*HB 0249 by Rep. Joe Carr (R-Rutherford County)

Murfreesboro - As introduced, subject to local approval, clarifies certain ambiguities existing within those Murfreesboro city charter provisions that set forth disciplinary policies and procedures for municipal employees. - Amends amend Chapter 429 of the Private Acts of 1931, as amended by Chapter 30 of the Private Acts of 1967, Chapter 104 of the Private Acts of 1993, Chapter 94 of the Private Acts of 1997, and any other acts amendatory thereto.

HB 0250 by Rep. Joe Carr (R-Rutherford County) ( *SB 0038 by Sen. Jim Tracy (R-Shelbyville)

Alcoholic Offenses - As introduced, creates a misdemeanor offense to knowingly allow a minor to drink or possess alcoholic beverages or knowingly fail to stop a minor from drinking or possessing alcoholic beverages while the minor is present on real property owned or otherwise possessed by the offender; establishes certain exceptions. - Amends TCA Title 39, Chapter 15, Part 4 and Title 57.

...

2009-01-30 Legislation filed to HB0225

More legislation filed in the Tennessee House and quick comments from yours truly.

Rep. Jim Coley is the secretary for the House Education Committee and he's been filing education related legislation.

*HB 0206 by Rep. Jim Coley (R-Bartlett)

Appropriations - As introduced, appropriates $300,000 to the Earth Sciences Department at the University of Memphis for the study of ecological tourism. -

Seriously? When the state is currently running a budget deficit? There have got to be a thousand things more important...including letting taxpayers keep their own cash during these tougher times.

*HB 0207 by Rep. Jim Coley (R-Bartlett)

Education - As introduced, specifies that any transcript provided a public high school must contain courses taken and grades received, attendance, standardized test scores, discipline incidents, and weighted grade point average. - Amends TCA Title 49, Chapter 6, Part 4.

This summary is a bit unclear. The act actually says 'any transcript provided BY a public high school'.

*HB 0208 by Rep. Jim Coley (R-Bartlett)

Education - As introduced, requires department of education to establish, administer, and monitor a grant for eligible non-profit organizations providing civic education programs. - Amends TCA Title 49, Chapter 6.

$95,000 and the fight will be over whose version of 'civic education' will win this grant. Another no.

*HB 0209 by Rep. Jim Coley (R-Bartlett)

Education - As introduced, requires graduating high school students to take a foreign language proficiency test that will provide diagnostic information to educators. - Amends TCA Title 49, Chapter 6, Part 60.

No. The DOE is charged with creating yet another test that won't mean anything outside of Tennessee. From the act:
All tests developed or used to implement this section, all banks of questions, all field testing documents used as background for the development of the tests, and all answers shall be kept confidential when and for so long as is necessary to protect the integrity of the tests, and accordingly, are exempt from the requirements of § 10-7-503.
10-7-503 is the open records law. Personal information for the test takers, yes. All else, no.

*HB 0210 by Rep. Jim Coley (R-Bartlett)

Budget Procedures - As introduced, requires K-12 education and higher education funding to be passed by the house of representatives and the senate prior to consideration of general appropriations bill for funding remainder of state government. - Amends TCA Title 9.

The Republicans promised they'd make education funding job #1 this session. Looks like their serious about that. This version includes higher education. HB212 (below) excludes higher education. I prefer HB212 below. I don't think state government should be funding higher education. It certainly shouldn't have priority over safety, health and debt issues.

*HB 0211 by Rep. Jim Coley (R-Bartlett)

Education - As introduced, requires written disciplinary referrals to be signed by the student's parent or guardian and returned to the school faculty or staff member who issued it. - Amends TCA Title 49, Chapter 6.

Of course.

*HB 0212 by Rep. Jim Coley (R-Bartlett)

Budget Procedures - As introduced, requires K-12 education funding to be passed by the house of representatives and the senate prior to consideration of general appropriations bill for funding the remainder of state government. - Amends TCA Title 9.

As noted above this version excludes higher education in that Republican promise to fund education first. I prefer this bill for the reasons above at HB 210.

*HB 0213 by Rep. Bill Harmon (D-Dunlap) ( SB 0100 by Sen. Andy Berke (D-Chattanooga) )

Highway Signs - As introduced, "Sheriff Ernest Haskew Memorial Highway," segment of S.R. 2 in Marion County. -

*HB 0214 by Rep. Bill Harmon (D-Dunlap)

Beer - As introduced, corrects definitional cross-reference for "beer wholesalers" under beer distribution licensing law. - Amends TCA Title 57, Chapter 5, Part 1.

*HB 0215 by Rep. Bill Harmon (D-Dunlap)

Criminal Procedure - As introduced, grants trial judge the option to resentence a defendant whose probation has been revoked to a sentence of community correction as well as ordering the original sentence reinstated and the incarceration of the defendant. - Amends TCA Title 40, Chapter 35.

*HB 0216 by Rep. Bill Harmon (D-Dunlap)

Highway Signs - As introduced, "Deputy Anthony Shane Tate Memorial Highway," segment of State Route 56 in Grundy County. -

*HB 0217 by Rep. George Fraley (D-Winchester)

Education - As introduced, requires each LEA to provide transitional kindergarten program for children admitted to kindergarten who are developmentally delayed, as determined by the LEA, as prerequisite to attending kindergarten. - Amends TCA Title 49, Chapter 6.

So what's Pre-K for then if not as stated in the act "an approved transitional kindergarten program before attending kindergarten."? Another big NO here.

*HB 0218 by Rep. Henry Fincher (D-Cookeville)

Criminal Offenses - As introduced, requires certain actions by buyers and dealers of scrap jewelry and metal and makes a violation of such requirements a Class A misdemeanor. - Amends TCA Title 38, Chapter 1, Part 2.

A sign of the times, I suppose.

*HB 0219 by Rep. Henry Fincher (D-Cookeville)

TennCare - As introduced, requires the department of health to notify each member of the general assembly of any proposed TennCare program changes that will affect services currently provided to TennCare enrollees. - Amends TCA Title 3 and Title 71.

Might be nice if they just went ahead and tell everyone what the changes will be and how that will impact enrollees and taxpayers.

*HB 0220 by Rep. Henry Fincher (D-Cookeville)

TennCare - As introduced, subject to restrictions in federal law, prohibits the bureau of TennCare from disenrolling persons for fiscal or other reasons until the bureau has verified the social security numbers of all enrollees and purged all persons ineligible due to issues of fraud or lack of lawful US residence. - Amends TCA Title 71.

*HB 0221 by Rep. Eddie Bass (D-Prospect)

Handgun Permits - As introduced, makes information contained in handgun carry permit applications and renewals, information provided to agencies to investigate applicant, and records maintained relative to the permit application confidential and creates Class A fine only misdemeanor of unauthorized publication of permit information or records. - Amends TCA Title 39, Chapter 17, Part 13.

*HB 0222 by Rep. G. A. Hardaway (D-Memphis)

Welfare - As introduced, requires the commissioner of human services to report by February 1 of each year to the senate general welfare committee and the house health and human resources committee concerning the amount of sales tax paid by persons using electronic benefit transfer cards. - Amends TCA Title 67 and Title 71.

*HB 0223 by Rep. G. A. Hardaway (D-Memphis)

Taxes, Privilege - As introduced, requires the commissioner of revenue (in consultation with TACIR) to report to the house and senate standing finance committees by February 1, 2010, and every five years thereafter concerning the impact of privilege taxes that only the state can levy on local governments. - Amends TCA Title 67.

*HB 0224 by Rep. G. A. Hardaway (D-Memphis)

Correctional Programs - As introduced, establishes pilot halfway house program to be administered by department of correction. - Amends TCA Title 4, Chapter 3, Part 10; Title 40 and Title 41.

Looks like we're paying for the reinvention of the wheel.

*HB 0225 by Rep. Glen Casada (R-Franklin)

Planning, Public - As introduced, modifies certain public notice requirements pertaining to regional planning and municipal planning. - Amends TCA Section 13-3-303; Section 13-3-304 and Section 13-4-202.

From 30 days notice to just 15.