Wednesday, January 14, 2009

2009-01-14 More legislation

While we've been busy watching the shenanigans going on in the Tennessee House legislators are busy filing bills.

Another note to the legislative web master--it'd be handy if the legislative bill index would show visited hyperlinks in another color as is usual for web pages. Thanks.

*HB 0057 by Rep. G. A. Hardaway (D-Memphis)

Energy - As introduced, requires each owner of a commercial building to have for that building a comprehensive energy audit conducted; notice of the results of such audit shall be displayed to all tenants and potential tenants of the building. - Amends TCA Title 13.

*HB 0058 by Rep. G. A. Hardaway (D-Memphis)

Lottery, Scholarships and Programs - As introduced, permits Tennessee HOPE scholarship recipient to maintain academic eligibility by maintaining good standing at the eligible postsecondary institution in which the student is enrolled; changes initial eligibility requirements for certain students to conform to the change in the continuing eligibility requirement. - Amends TCA Title 49, Chapter 4, Part 9.

*HB 0059 by Rep. G. A. Hardaway (D-Memphis)

Insurance, Health, Accident - As introduced, requires departments of education and health to establish minimum guidelines for health insurance coverage required for attendance in K-12 schools; and requires children's proof of health insurance prior to school admittance yearly. - Amends TCA Title 49; Title 56 and Title 67.

Beginning with school year 2010-2011 not only will we have compulsory attendance and mandatory vaccinations we'll have compulsory insurance also? The legislation makes no distinction between private or public education---

"The department of education, in consultation with the department of health, shall establish minimum guidelines for heath insurance coverage necessary for attendance in schools for grades kindergarten through twelve (K-12)."

*HB 0060 by Rep. G. A. Hardaway (D-Memphis)

Education - As introduced, requires parent or guardian to notify LEA about whether or not student has health insurance coverage at time of student's admission to LEA. - Amends TCA Title 49, Chapter 6.

I guess this is compulsory insurance lite.

"At the time of admission of a student into an LEA, the student's parent or guardian shall provide written notification of such student's health insurance coverage or lack thereof to the LEA."

*HB 0061 by Rep. Henry Fincher (D-Cookeville)

Mental Health and Developmental Disabilities, Dept. of - As introduced, allows disclosure of mental health records to a law enforcement agency conducting a law enforcement investigation or criminal background check. - Amends TCA Title 33, Chapter 3, Part 1.

*HB 0062 by Rep. Henry Fincher (D-Cookeville)

Immigrants - As introduced, enacts the "Tennessee Immigration Compliance Act." - Amends TCA Title 4; Title 12; Title 38; Title 39; Title 40; Title 67 and Title 71.

Seven pages of permission to check on the citizenship status of jail inmates.

*HB 0063 by Rep. Henry Fincher (D-Cookeville)

Immigrants - As introduced, enacts the "Tennessee Taxpayer and Citizen Protection Act." -

Who can create identification cards, possess the equipment to do so and that only legal citizens can obtain such ID's. Thrown in for extra measure....anyone not lawfully present in the country isn't eligible for post secondary educational benefits, scholarships, financial aid or resident tuition. Well, if you thought English as Nashville's official language was unfriendly and anti-business---what will the progressives think of this Democrat's proposal?

*HB 0064 by Rep. Henry Fincher (D-Cookeville)

Salaries and Benefits - As introduced, requires employers to pay tipped employees wages at a rate of at least $3.28 per hour, which is one half of the federal minimum wage. - Amends TCA Title 50, Chapter 2.

*HB 0064 by Rep. Henry Fincher (D-Cookeville)

Salaries and Benefits - As introduced, requires employers to pay tipped employees wages at a rate of at least $3.28 per hour, which is one half of the federal minimum wage. - Amends TCA Title 50, Chapter 2.

*HB 0066 by Rep. Henry Fincher (D-Cookeville)

Divorce, Annulment and Alimony - As introduced, removes a provision that allows a court to dismiss a divorce or legal separation complaint because the complaint lacks required information. - Amends TCA Title 36, Chapter 4, Part

*HB 0067 by Rep. Henry Fincher (D-Cookeville)

Depositions - As introduced, allows court to award attorney fees and expenses if motion to quash subpoena is granted when deponent is exempt from subpoena. - Amends TCA Section 24-9-101.

*HB 0068 by Rep. Henry Fincher (D-Cookeville)

Motor Vehicles, Titling and Registration - As introduced, directs commissioner of revenue to establish system of registration for certain owners of four or more commercial vehicles to allow annual registration for all such vehicles to expire on February 28 each year instead of alternate, interval renewal for each vehicle. - Amends TCA Title 55, Chapter 4.

*HB 0069 by Rep. Henry Fincher (D-Cookeville)

Witnesses - As introduced, prohibits a party in a divorce proceeding from testifying against the party's incapacitated or mentally incompetent spouse. - Amends TCA Title 24, Chapter 1.

*HB 0070 by Rep. Henry Fincher (D-Cookeville)

Criminal Procedure - As introduced, deletes subsection in self-defense law providing that a person not justified in use of deadly force to prevent or terminate trespass on real property or unlawful interference with personal property. - Amends TCA Title 39, Chapter 11, Part 6.

This is a perfect example of why we need a better way to indicate changes in the code. Which is easier this:

Tennessee Code Annotated, Section 39-11-611, is amended by deleting from subsection (d)(1) the language “is not prohibited from entering the dwelling, residence, or occupied vehicle” and substituting instead the language “is not prohibited from entering the dwelling, business, residence, or occupied vehicle”.
or the following knowing that changes are indicated with Added Deleted and then reading the legislation written like this:

Tennessee Code Annotated, Section 39-11-611, is amended as follows: “is not prohibited from entering the dwelling, business, residence, or occupied vehicle”.

*HB 0071 by Rep. Joe McCord (R-Maryville)

Fair Trade Laws - As introduced, broadens the scope of the definition of "all-terrain vehicle" for purposes of the Motorcycle and Off-Road Vehicle Dealer Fairness Act. - Amends TCA Title 47, Chapter 25, Part 19.

*HB 0072 by Rep. Terri Lynn Weaver (R-Lancaster)

Schools, Home - As introduced, authorizes home-schooled students to participate in athletics in public schools if they comply with certain conditions. - Amends TCA Title 49, Chapter 6.

BCS National Championship Florida Gator Quarterback Tim Tebow has been publicly thankful that Florida has a law similar to this legislation on the books since 1996. Without it his parents could not have homeschooled him and seen him rise to his Heisman Trophy and recent national championship success.

*HB 0073 by Rep. George Fraley (D-Winchester

Taxes, Real Property - As introduced, eliminates state's 52 percent portion of County Registers of Deeds' 5 percent commission retained for collecting recordation tax. - Amends TCA Section 67-4-409.

*HB 0074 by Rep. Jimmy Matlock (R-Lenoir City) ( SB 0017 by Sen. Paul Stanley (R-Memphis) )

Public Funds and Financing - As introduced, revises qualifications of issuer of surety bonds used as collateral by state depositories to secure certain state funds. - Amends TCA Title 9, Chapter 4.

*HB 0075 by Rep. David Shephard (D-Dickson)

Highway Signs - As introduced, "Lance Corporal Jeffrey Adam Bishop Memorial Highway, segment of U.S. 70 in Dickson County." -

*HB 0076 by Rep. Brenda Gilmore D- Nashville

Consumer Protection - As introduced, prohibits the imposition of a late fee for cable or video service until at least 30 days after the service to which the late fee applies has been received and requires notice when a late fee is to be imposed. - Amends TCA Title 7, Chapter 52; Title 7, Chapter 59; Title 47, Chapter 18 and Title 65, Chapter 25.

*HB 0077 by Rep. Brenda Gilmore D- Nashville

Consumer Protection - As introduced, establishes requirements and restrictions for alarm systems agreements. - Amends TCA Title 47, Chapter 18, Part 1 and Title 62, Chapter 32, Part 3.

*HB 0078 by Rep. Brenda Gilmore D- Nashville

Environment and Conservation, Department of - As introduced, revises membership of the solid waste disposal control board, the water quality control board, and the air pollution control board. - Amends TCA Title 68 and Title 6

15 pages of revision, btw.

*HB 0079 by Rep. Brenda Gilmore D- Nashville

Highway Signs - As introduced, "Dr. Martin Luther King, Jr. Boulevard," segment of Clarksville Pike (U.S. Highway 41A / State Route 112) in Metropolitan Nashville and Davidson County. -

Nashville is still getting used to the Rosa L. Parks Boulevard (8th Ave. downtown).

'Notwithstanding any other provision of law to the contrary, the segment of Clarksville Pike (U.S. Highway 41-A / State Route 112) in Metropolitan Nashville and Davidson County from its intersection with Dr. D.B. Todd, Jr. Boulevard and 18th Avenue North northwestward to the Briley Parkway (State Route 155) Overpass is hereby designated as " Dr. Martin Luther King, Jr. Boulevard..."'

*HB 0080 by Rep. David Hawk (R-Greeneville)

Jails, Local Lock-ups - As introduced, provides that Tennessee Corrections Insititute cannot decertify an existing local jail facility solely because the square footage of the cells is too small if such square footage meets the requirements of the American Correctional Association's Manual of Correctional Standards. - Amends TCA Title 41.

HB 0081 by Rep. Lois DeBerry (D-Memphis) *SB 0021 by Sen. Beverly Marrero (D-Memphis)

Elderly Persons - As introduced, establishes a program for senior alert system in Tennessee within the department of safety in cooperation with local law enforcement agencies for assistance in locating certain disabled persons who are missing. - Amends TCA Title 38.

HB 0082 by Rep. Johnny Shaw (D-Bolivar) ( *SB 0019 by Sen. Delores Gresham (R-Somerville)

Firearms and Ammunition - As introduced, authorizes current and retired judges who possess a handgun carry permit to carry a firearm under same circumstances and conditions as law enforcement officers and correctional officers. - Amends TCA Title 39, Chapter 17, Part 13.

HB 0083 by Rep. Johnny Shaw (D-Bolivar) ( *SB 0018 by Sen. Delores Gresham (R-Somerville)

Judges and Chancellors - As introduced, adds retired general sessions judges to present officials, including general sessions judges and retired judges and chancellors of courts of record, who may administer oaths of office to elected or appointed public official. - Amends TCA Title 8, Chapter 18, Part 1.

*SB 0014 by Sen. Ken Yager (R-Harriman)

Tort Liability and Reform - As introduced, adds community action agencies to definition of governmental entity for purposes of governmental tort liability. - Amends TCA Title 29, Chapter 20, Part 1.

*SB 0015 by Sen. Diane Black (R-Gallatin)

Elderly Persons - As introduced, establishes a missing senior alert program in Tennessee. - Amends TCA Title 38.

*SB 0016 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


HJR 0008 by Rep. JoAnne Favors (D-Chattanooga)

Memorials, Personal Occasion - Mrs. Etta Ruth Berry, 100th birthday -

HJR 0009 by Rep. Lois DeBerry (D-Memphis)

Memorials, Death - Erma Lee Davis Foster -


SJR 0004 by Sen. Douglas Henry (D-Nashville)

Memorials, Death - Robert C.H. "Bob" Mathews, Jr. -

SJR 0005 by Sen. Jim Tracy (R-Shelbyville)

Memorials, Academic Achievement - 2009 Phi Theta Kappa All-Tennessee Academic Team -

SJR 0006 by Sen. Douglas Henry (D-Nashville)

Memorials, Public Service - Victor Ashe, United States Ambassador to Poland and former Mayor of Knoxville -

SJR 0007 by Sen. Douglas Henry (D-Nashville)

Memorials, Recognition - Sylvan Park Paideia Design Center, 100th anniversary -

and I'm putting this one in out of order---

SJR 0015 by Sen. Douglas Henry (D-Nashville)

Memorials, Recognition - Sylvan Park Paideia Design Center, 102nd anniversary -

So is the school 100 or 102 years old?

SJR 0008 by Sen. Douglas Henry (D-Nashville)

Memorials, Death - Raymond L. Danner, Sr. -

SJR 0009 by Sen. Douglas Henry (D-Nashville)

Memorials, Death - Judson Collins -

SJR 0010 by Sen. Mark Norris (R-Collierville)

General Assembly, Joint Conventions - Calls joint convention to elect secretary of state, comptroller of treasury, and state treasurer on January 14, 2009, at 10:30 a.m. -

Well, Speaker of the House Rep. Kent Williams (R -Elizabethton) missed that deadline. The Tennessee GOP issued a press release this afternoon and called him "Dithering Williams". The press release says further:

"At a time when Tennessee needs competent leadership from its legislature, Williams is instead playing politics with these important jobs in order to please his new political benefactors on the Democratic side of the aisle.”

*SJR 0011 by Sen. James Kyle, Jr. (D-Memphis)

Memorials, Congress - Urges Congress to enact the federal stimulus package proposed by the President-elect. -

SJR 0012 by Sen. Bo Watson (R-Hixson)

Memorials, Sports - Soddy-Daisy High School cheerleaders, NCA national champions -

SJR 0013 by Sen. Bo Watson (R-Hixson)

Memorials, Death - Dr. Ralph Mohney, Sr. -

SJR 0014 by Lt. Gov. Ron Ramsay (R-Blountville)

Naming and Designating - "Thomas Paine Day," January 29, 2009 -


SR 0001 by Sen. Joe Haynes (D-Nashville)

Memorials, Recognition - Melinda Sanders -

SR 0002 by Sen. Paul Stanley (R-Memphis)

Memorials, Public Service - Ron Roberson, Jo Reed Award -

That's it for tonight. Tomorrow is another day...


din819go said...

Couple of thoughts --

1. Home school kids participating in public school activities -- with the rise of homeschool leagues I don't believe this will pass for the foreseeable future. Not having children in the government institutions any longer I guess I have mixed feelings about this. Home schooling in a choice to leave the system. I know the Tim Tebow argument well. However, I am not in favor of kids whose family chose not to enroll their kids in public or private schools being able to potentially take the slot of a child that is enrolled in a public school.

The homeschool leagues are well organized and compete with the private schools. Maybe they should compete with the public schools, too. There are tons of really good players in the homeschool leagues...and they make it into college sports. Also, there is AAU...

2. Mandatory insurance -- I am sure this is designed to make sure all kids have access to healthcare. Still it is interesting that the legislation will be mandated. I thought this was already covered under TennCare and the provision for insuring kids up to age 18.

Kay Brooks said...

Well, there are some homeschool sports programs but there are still LOTS of areas in the state where the public school program is all there is and to be shut out is to be shut out of community life.

And I have heard of instances where there wasn't a public school child willing to take that slot of the team...would allowing a homeschooler in then be OK with you?

Keep in mind this is also about more than sports---debate, drama, band...

I thought every citizen under 18 could be covered by TennCare also.

I'm assuming that there is something more behind this than just ensuring every child has health insurance. If the purpose is to ensure the health of the child---why not a mandatory health screening with parents able to have their pediatrician sign off on it similar to the immunization forms already being used?

Casey said...

is this really a pressing issue? the economy is in turmoil and you really care about whether a homeschooler can play football or not? get real!

Kay Brooks said...

Seems to me providing freedom for the children of taxpayers to utilize a program in the school districts they're paying for ranks above a lot of what's coming through this legislative pipeline. Maybe you should pass that 'get real' along to the legislators who have (and will) introduce plenty of lame legislation before this session is over with.

Eric said...

Yeah, but if they're all on the government school teams, you'd never get a story like this:

Nashteach said...

They're kids. Geez, let 'em participate. Leave them out of all the political ire. Band might be a little tough, though, since practice is usually tied to a daytime class for credit.