Wednesday, January 21, 2009

2009-01-21 Legislation through HB0126

And the bills keep on a coming. Hope those clerks enjoyed their long weekend.

*HB 0111 by Rep. Mike Bell (R-Riceville)

Emergency Communications Districts - As introduced, prohibits the transfer of interest derived from the 911 emergency communications fund to the general fund. - Amends TCA Section 4-3-1016 and Title 7, Chapter 86, Part 3.

I like this. We've had too much diversion of (road) funds in Tennessee. 911 communication doesn't need to suffer the same fate which may end up endangering the lives of citizens.

*HB 0112 by Rep. Mike Bell (R-Riceville)

Firearms and Ammunition - As introduced, authorizes the carrying of handguns by persons with a handgun carry permit on public hunting areas and wildlife management areas; subjects such persons to all wildlife laws, rules, and regulations. - Amends TCA Title 70, Chapter 4 and Title 70, Chapter 5.

*HB 0113 by Rep. Mike Bell (R-Riceville)

Animals and Animal Cruelty - As introduced, deletes provisions relative to state licensing of dog and cat dealers. - Amends TCA Title 44, Chapter 17.

*HB 0114 by Rep. Mike Bell (R-Riceville)

Education - As introduced, exempts from the requirements of the School Support Organization Financial Accountability Act school support organizations intending to raise or anticipating raising $30,000 or less during a school year. - Amends TCA Title 49, Chapter 2, Part 6.

This should be welcomed by lots of small parent groups across the state. There have been a few that were not careful about keeping their treasurers accountable and so we got this financial accountability law. An unintended consequence has been that the efforts of honest well-meaning parents have been hampered by not having the resources to comply. They means they have to rely on larger organizations for expertise and that usually means a loss of freedom for the group. If all you really wanted to do was raise money for field day T-shirts it suddenly became too much trouble. $30,000 seems an unattainable amount for most small parent groups across the state. That should be plenty of room (maybe too much).

*HB 0115 by Rep. Mike Bell (R-Riceville)

Administrative Procedure (UAPA) - As introduced, permits a de novo review of all administrative contested case hearings, if requested. - Amends TCA Title 4, Chapter 5.

*HB 0116 by Rep. Mike Bell (R-Riceville)

Administrative Procedure (UAPA) - As introduced, authorizes appeals from administrative decisions to be made directly to chancery court; specifies such appeals shall be heard de novo. - Amends TCA Title 4, Chapter 5.

*HB 0117 by Rep. Mike Bell (R-Riceville)

Administrative Procedure (UAPA) - As introduced, authorizes appeals from contested case hearings in any county in which the attorney general has an office; specifies such appeals shall be de novo. - Amends TCA Title 4, Chapter 5.

*HB 0118 by Rep. Mike Bell (R-Riceville)

DUI/DWI Offenses - As introduced, raises from Class E to Class D felony punishment for sixth or subsequent conviction for DUI with minimum mandatory punishment of 220 days in jail, $5,000 fine, and 10-year license suspension. - Amends TCA Title 55, Chapter 10, Part 4.

Seems more than reasonable to me that after your SIXTH conviction for DUI you wait 10 years before being granted the privilege to drive again. Last week, for the first time ever, I saw a man using a breathalyzer to start his car. Our cars were facing each other in the parking lot and I looked away to give him some privacy. I was very thankful someone had required this device.

*HB 0119 by Rep. Mike Bell (R-Riceville)

Criminal Offenses - As introduced, creates Class C felony of aggravated vehicular assault, which involves committing vehicular assault and having certain alcohol-related prior convictions. - Amends TCA Title 39, Chapter 13, Part 1.

*HB 0120 by Rep. Mike Bell (R-Riceville)

Medical Occupations - As introduced, exempts county medical examiners licensed on or before July 1, 2008, from continuing education requirements. - Amends TCA Title 38, Chapter 7, Part 1

*HB 0121 by Rep. Mike Bell (R-Riceville)

Alcoholic Offenses - As introduced, requires law enforcement officer to conduct test to determine blood alcohol of driver involved in accident resulting in injury or death if officer has probable cause to believe driver committed DUI, vehicular assault, vehicular homicide, or aggravated vehicular homicide. - Amends TCA Title 55, Chapter 10, Part 4.

*HB 0122 by Rep. G. A. Hardaway (D-Memphis)

Education - As introduced, directs LEAs to make reasonable efforts to determine if students have health care insurance and to report findings to commissioner of education. - Amends TCA Title 49, Chapter 2.

So if Hardaway's other legislation, requring health insurance, fails his backup is a nosey school system reporting to big brother? Surely this would be a HIPPA violation. (If you're counting Hardaway is up to 49 bills filed as of this evening.)

*HB 0123 by Rep. G. A. Hardaway (D-Memphis)

Probation and Parole - As introduced, requires continuous satellite-based monitoring of parolees and probationers. - Amends TCA Title 40.

I'm betting the fiscal note on this one kills it.

*HB 0124 by Rep. G. A. Hardaway (D-Memphis)

Registers of Deeds - As introduced, requires an assignment of a deed of trust to be properly recorded with the register of deeds within 10 days of the date of assignment. - Amends TCA Title 8, Chapter 21, Part 10; Title 10, Chapter 7, Part 1 and Title 66, Chapter 24, Part 1.

*HB 0125 by Rep. G. A. Hardaway (D-Memphis)

Criminal Offenses - As introduced, increases sentence for criminal offense of vandalism when committed against a house of worship. - Amends TCA Title 39, Chapter 14 and Title 40.

Maybe this will work in Tennessee but I'm wondering if your average criminal, who is hearing over and over again that there is no God (or he is God himself), won't do a double take upon sentencing. If their is no God...why is the punishment more?

*HB 0126 by Rep. G. A. Hardaway (D-Memphis)

Landlord and Tenant - As introduced, requires rental agreement under Uniform Residential Landlord and Tenant Act to include, as an addendum, energy audit of estimated energy usage at dwelling unit. - Amends TCA Title 66, Chapter 28.

Well, as the TCPR so famously pointed out, in Nashville all a person has to do is call NES and they can discover what the actual bills have been before deciding whether they want to take on that responsibility. Is that not the case across the state? Who is going to do these audits? Who is going to pay for them? Maybe all that's needed is some renter education instead.

*HB 0127 by Rep. G. A. Hardaway (D-Memphis)

Criminal Offenses - As introduced, increases fine for criminal offense of vandalism when committed against a house of worship. - Amends TCA Title 39, Chapter 14.

Plan B for Hardaway's HB0125 above.

*HB 0128 by Rep. G. A. Hardaway (D-Memphis)

Real Property - As introduced, requires a seller of real property to provide an energy audit of the property to potential buyers prior to the sale and include such audit in the deed of conveyance. - Amends TCA Title 66, Chapter 5.

Why should renters get all the breaks? See Hardaway's HB0126 (above).

*HB 0129 by Rep. G. A. Hardaway (D-Memphis)

Human Rights Commission - As introduced, directs human rights commission to develop a Title VI compliance plan applicable to certain state governmental entities; sets out duties of human rights commission in regards to Title VI provisions. - Amends TCA Title 4, Chapter 3.

*HB 0130 by Rep. G. A. Hardaway (D-Memphis)

Landlord and Tenant - As introduced, requires landlords of residential property to furnish an energy audit on any premises for rent before entering into a lease on such premises. - Amends TCA Title 66, Chapter 28, Part 3.

Well at least this version has a bit more explanation:
Such energy audit shall be from a utility or from any person approved to perform professional energy audits by the energy efficient schools council created by § 9-17-103. The failure of a landlord to provide an energy audit pursuant to this section shall bind the parties to a month to month tenancy.
See Hardaway's HB0126 (above) and HB0128 (above).

2 comments:

Nashteach said...

A page from your HIPPA link relays this:

Who Is Not Required to Follow This Law

Many organizations that have health information about you do not have to follow this law. 

Examples of organizations that do not have to follow the Privacy Rule include:

life insurers,
employers,
workers compensation carriers,
many schools and school districts...


Still, don't we have enough to do?

Kay Brooks said...

Yes, I think you have more than enough to do.

Thanks for reading deeper than I did and finding the school exemption.