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.

2 comments:

Nashteach said...

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, too, though 90% is pretty high.

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.

I don't like this for several reasons. First, I'd be absolutely berated for saying this, but why is it we single out those folks who have had the longest amount of time to prepare for financial independence? How about young parents- single or otherwise? If we are reducing whatever tax on seniors, then someone else is shouldering more of a burden. If we truly want tax fairness- we need to stop singling certain folks out- either by exemptions or special tax credits or deductions. Whatever happened to Steve Fobes' idea that we should be able to do our taxes on a post card? Income times tax rate equals taxes.

Second, I'm not really a "soak the rich" kind of guy on taxes, but this is a tax on interest. If you are getting $36,000 in interest, that's probably on principal of $720,000 (at 5% interest) to 1.2 million (at 3% interest). Or more if we're talking stock dividends. I'd rather see the tax on food cut and help everybody's budget.

Nashteach said...

Whoa- missed several things:

- 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.

Now that would get some kids' attention. It might actually have enough teeth to help.


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:


Well, they'd probably be less likely to be abused if there were no man in the house at all, so lesbian couples would have an advantage by that logic. Or maybe only rich, college educated couples should be allowed to have children. This isn't about abuse, it's about keeping homosexual couples from adopting. How about rather than deciding by statistic, we actually review the prospective parents to see if there is any potential for abuse rather than assume that abuse will happen just because one type of couple is statistically more likely to see abuse in their households?