Friday, January 30, 2009

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.


*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.


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