Public Chapters effective 07/01/07

Chapter
11

Bill #
SB0457

Description
Education - Directs the office of education accountability to study periodically the school accountability system and report its findings to the general assembly; removes the duty of the office of accountability to study schools or school systems on notice or probation. Amends TCA Title 49, Chapter 1, Part 6. Estates - Clarifies that the net estate for purposes of calculating a surviving spouse's elective share does not include assets over which the decedent held a power of appointment; that the gross estate excludes the homestead allowance, exempt property, and year's support allowance; that the elective share is exempt from allocation for estate taxes; and that the elective share must be elected within nine months of the decedent's death. - Amends TCA Title 31, Chapter 4. Domestic Relations - Allows persons to petition for grandparent visitation in general sessions courts with domestic relations jurisidiction or juvenile courts in matters involving children born out of wedlock; authorization is in addition to present authorization for such petitions to be filed in chancery and circuit courts. - Amends TCA Section 36-6-306. Military - Revises maximum age provisions regarding the termination of a national guard officer's appointment; sets age limits at those "prescribed in federal law" instead of age 64 for the adjutant general, age 62 for a major general, age 60 for a brigadier general and below, and age 60 for the United States property and fiscal officer. - Amends TCA Title 58, Guardianship - Removes social security numbers from the public portion of records of guardianships and conservatorships; authorizes the court to release the social security number to a third party upon good cause shown and upon such conditions as the court may deem appropriate. - Amends TCA Title 34. Hospitals and Health Care Facilities - Requires hospitals, during the fall and winter months, to offer elderly inpatients certain immunizations for flu and pneumococcal diseases. Amends TCA Title 68, Chapter 11, Part 2. Driver Licenses - Broadens criminal provisions involving unlawful use of driver licenses to include use of certificates for driving and all other government-issued photo identification documents. - Amends TCA Title 55, Chapter 50, Part 6. Welfare - Revises provisions governing temporary assistance to needy families. - Amends TCA Title 71. Fines and Penalties - Increases fine for unauthorized use of parking spaces reserved for persons with disabilities from $100 to $150; requires the fiscal review committee to report to the general assembly regarding cost-of-living increases every five years and the impact of such increases on the fine amount so general assembly can determine if fine should be increased. - Amends TCA Section 55-21-108. Firefighters - The appointment of the county fire chief by the county mayor in Shelby County, subject to confirmation by the county legislative body, requires the county mayor and legislative body to ensure that the views and opinions of all participating governmental entities are given full consideration, with the exact methodology to be determined by local ordinance. - Amends TCA Section 5-17-103. Transportation, Dept. of - Requires transportation plan prepared by commissioner be consistent with federal transportation planning requirements and include consideration of various types of transportation. - Amends TCA Title 4, Chapter 3, Part 23. Tennessee Higher Education Commission - Requires the commission to develop an institute of public health, in consultation with the department of health, the University of Tennessee, the Tennessee board of regents, and private colleges and universities. Liability, Tort - Extends limited liability to all healthcare research institutions, and employees thereof, for injuries caused in the development, testing, or administration of certain vaccines except in cases of willful misconduct resulting in death or serious bodily injury. - Amends TCA Title 53 and Title 68. Teachers, Principals and School Personnel - Requires two hours of the required five days of annual teachers' in-service training to be devoted to training in suicide prevention; specifies that requirement may be met through self-review of suitable prevention materials.

13

HB0418

22

SB1388

23

SB2186

26

SB0189

27

SB0334

28

SB0767

31 32

SB2233 SB0263

39

SB1757

41

SB2252

42

HB0204

43

HB0640

45

SB0057

Chapter
46 48 55

Bill #
SB0127 SB0494 SB1758

Description
Criminal Offenses - Expands Class A misdemeanor of escaping from a penal institution to those persons lawfully being held for a civil offense. - Amends TCA Section 39-16-605. Election Laws - Revises statutory language to replace "handicapped voter" with "voter with a disability" or "voters with disabilities." - Amends TCA Title 2. Emergency Communications Districts - Authorizes Shelby County mayor to appoint board of directors of seven to 11 members to govern such county's emergency communications district; directors are subject to confirmation by county legislative body. - Amends TCA Section 7-86-105. Fines and Penalties - Requires the fiscal review committee to report to the general assembly every five years regarding the dollar amount that fines imposed for criminal offenses would be if adjusted to reflect the previous five years' cost of living increases. Amends TCA Section 40-35-111. Fireworks - Raises the age from 10 to 16 for the lawful purchase of Class C common fireworks; increases the amount of the fine depending on the number of offenses a retailer commits; authorizes municipalities to adopt an ordinance that mirrors the unlawful sale of fireworks to minors, intoxicated, or irresponsible persons. - Amends TCA Section 68-104112 and Section 68-104-114. Game and Fish Laws - Requires property declared contraband to be destroyed or delivered to the commissioner of general services and sold in the same manner as surplus property instead of destroyed or advertised and sold at the courthouse of the county where the property was seized. - Amends TCA Section 70-6-201. Criminal Offenses - Creates misdemeanor offenses for removing from a dog an electronic or radio transmitting collar or microchip implant without the permission of the owner. Amends TCA Title 39, Chapter 14. Energy - Transfers responsibility for administering state building energy management program and revolving retrofit fund from department of general services to department of finance and administration. - Amends TCA Title 4, Chapter 3. Housing - Permits housing authorities in counties not covered by Uniform Residential Landlord and Tenant Act to terminate and evict tenants on three days' notice if they engage in violent acts or drug-related criminal activity or behave in a manner that is a danger to other tenants. - Amends TCA Title 66, Chapter 7, Part 1. DNA and Genetic Testing - Expands group of persons required to furnish DNA samples for testing to include misdemeanants whose offense requires them to register with the sexual offender registry. - Amends TCA Title 38, Chapter 6, Part 1 and Title 40, Chapter 35, Part 3. Consumer Protection - Specifies that the limitation on selling a residence with more bedrooms than are permitted by the sewage disposal system permit applies only to new construction, and specifies that real estate agents violate the statute only if they have actual, not constructive, knowledge of the violation. - Amends TCA Title 47, Chapter 18 and Title 66, Chapter 5. Domestic Violence - Requires physicians to report suspected domestic abuse to the department of health for the compilation of anonymous statistical data on such abuse; requirement to be repealed June 30, 2009. - Amends TCA Title 36. Liability, Tort - Extends the "Tennessee White Water Rafting Responsibility Act" until July 1, 2010, from its present sunset of July 1, 2008; requires the department of commerce and insurance to examine issues regarding the affordability of insurance in the area of white water rafting. - Amends TCA Title 70, Chapter 7, Part 2 and Chapter 169 of the Public Acts Game and Fish Laws - Requires land managed by TWRA to be open to access and use for recreational hunting, and that agency land management actions relative to such land not result in any net loss of available acreage for hunting opportunities; requires TWRA to mitigate the closure of hunting and fishing land that it owns. - Amends TCA Title 70, Municipal Government - Changes terms of board of mayor and alderman from nonstaggered two-year terms to nonstaggered four-year terms in Huntsville. - Amends TCA Education - Requires each LEA to annually report to the commissioner of education the employment standards the LEA has adopted for school resource officers. - Amends TCA Section 49-6-4217.

61

HB0225

64

HB0349

65

HB1157

70

HB2174

72

HB2316

75

SB0527

77

SB1178

78

SB1205

83

HB1183

85

HB1540

87

HB0145

90 99

HB0353 HB1942

Chapter
106

Bill #
SB0276

Description
Search & Seizure - Adds campus police officers to present law enforcement officers authorized to conduct certain seizures of property and related forfeiture sales of such property. - Amends TCA Section 39-17-420; Title 40, Chapter 33, Part 1; Title 53, Chapter 11 and Title 55, Chapter 5, Part 1. County Government - Authorizes certain counties to establish and operate emergency medical services and to charge fees or rates for such services. - Amends TCA Title 5, Chapter 16, Part 1. Criminal Procedure - Adds offenses of rape, statutory rape by authority figure, and aggravated child abuse to list of offenses for which the judge must revoke bail immediately upon conviction. - Amends TCA Title 40, Chapter 35, Part 1. Motor Vehicles, Titling and Registration - Exempts persons with a permanent disability from furnishing a physician's statement upon renewal of a handicapped placard or tag. Amends TCA Section 55-21-103. Boards and Commissions - Abolishes board of occupational and physical therapy examiners and establishes separate boards for each profession. - Amends TCA Title 4, Chapter 29; Title 63, Chapter 13 and Section 68-11-222. Physicians and Surgeons - Adds onsite medical clinics to those entities that a clinical laboratory or a physician may bill for cytopathology services. - Amends TCA Title 63, Chapter 6, Part 12. Surplus Property - Modifies the procedures for the department of transportation's disposition of real property that was intended for use as right-of-way. - Amends TCA Election Laws - Requires applications for voter registration to be accepted and processed through the 29th day before election if the 30th day falls on Sunday; requires that poll watchers be at least 17 years old; requires that retention questions for judges be at the end of the ballot; makes various other revisions to election laws. - Amends TCA Section 2-5207(b); Section 2-2-109; Section 2-2-129(a)(1); Section 2-5-208(c); Section 2-6-201; Section 2-6-202(a)(3); Section 2-6-202(d)(3); Section 2-6-502(c); Section 2-7-104(a); Section 2-7112(a)(2)(D); Section 2-7-133(i); Section 2-8-107(b) and Section 5-1-104(b)(3). Sexual Offenders - Requires a sexual offender or violent sexual offender to report any material change in the offender's employment status to the registering agency within 48 hours of the change of status. - Amends TCA Title 40, Chapter 39, Part 2. Animals and Animal Cruelty - Provides that in animal cruelty prosecutions, if the defendant does not post court-ordered security to pay for expense of caring for the animal within 15 days, animal is forfeited and defendant loses all ownership rights; establishes provisions governing situations where person from whom animal was seized is not the owner and for situations where the owner is indigent. - Amends TCA Title 39, Chapter 14, Part 2. Contractors - Requires general and home improvement contractors to submit proof of workers' compensation and general liability insurance upon licensure or renewal. - Amends TCA Title 62, Chapter 37 and Title 62, Chapter 6. Law Enforcement - Permits a juvenile to be photographed or recorded by law enforcement if juvenile is committing offense, if officer is conducting field sobriety test on juvenile, or, in certain circumstances, if juvenile is victim of offense and consents. - Amends TCA Title 37, Chapter 1, Part 1. Paternity - Requires court to order nonprevailing party in paternity suit or, in noncontested cases, the person confirmed as the father of the child to pay costs for changing birth certificate and issuing new birth certificate. - Amends TCA Title 36, Chapter 2, Part 3. Motor Vehicles - Requires written motor vehicle accident reports, including those prepared by law enforcement and those prepared by the owner or driver of a vehicle involved in an accident, to include insurance policy names. - Amends TCA Title 55, Chapter 10. Zoning - Revises provisions regarding businesses that cease operations for 30 continuous months being bound by zoning changes to create special provisions applicable to motor vehicle business establishments in Davidson County. - Amends TCA Section 13-7-208. Motor Vehicles, Titling and Registration - Establishes registration fee of $9.50 for privately owned trailer not required to be registered but the owner desires to be registered; makes personalized plates available for such trailers for an additional fee of $50.00; authorizes the sale of personalized trailer plates and provides for the funds from the sale of such plates being expended to develop and maintain public horseback riding trails. - Amends TCA Title 55, Chapter 4.

107

SB0519

108

SB0730

112

SB2029

115

HB0270

117

HB0896

118 125

HB1203 SB0925

126

SB1056

128

SB1190

130

SB1784

134

HB0075

138

HB0776

139

HB0851

141

HB1187

142

HB1219

Chapter
144 145

Bill #
HB1351 HB1758

Description
Trusts - Enacts the "Tennessee Investment Services Act of 2007." - Amends TCA Section 35-15-505 and Section 66-1-202. Fire Prevention and Investigation - Authorizes counties that create county-wide fire districts to include performance-based criteria in interlocal agreements and contracts for fire protection services, subject to local approval. - Amends TCA Section 5-17-101. Public Property - Allows department of general services to use the best value procurement methodology for purchasing goods and services. - Amends TCA Title 12, Chapter 3, Part 2. Election Laws - Clarifies that information regarding absentee requests and applications are confidential and not subject to the Open Records Law until the end of early voting. Amends TCA Section 2-6-202(c). Sexual Offenders - Adds rape of a child and aggravated rape of a child to felony murder offenses elevating a murder to first degree murder and requires misdemeanor probation officers to determine if new probationer is on the sexual offender registry. - Amends TCA Title 39, Chapter 13, Part 2 and Title 40, Chapter 35. Teachers, Principals and School Personnel - Specifies that teachers who transition from part-time to full-time employment will be eligible for health insurance benefits, even if the teacher did not participate in the plan as a part-time employee. - Amends TCA Title 8, Chapter 27, Part 3. Pensions and Retirement Benefits - Authorizes certain community action agencies to become participating employer in TCRS. - Amends TCA Title 8, Chapter 35, Part 2. Sentencing - Adds enhancement factor by which a defendant's sentence can be increased within the appropriate range that an adult defendant sold or delivered an illegal drug to a minor. - Amends TCA Title 39, Chapter 17, Part 5 and Title 40, Chapter 35. Education, Curriculum - Urges the state board of education to develop guidelines for the materials and method of instruction used to teach the procedure for voluntarily surrendering a newborn baby and to include that instruction in the lifetime wellness curriculum for grades nine through 12. - Amends TCA Title 49, Chapter 6, Part 10. Privacy, Confidentiality - Classifies records of job-related critical incident counseling to county and municipal corrections officers and dispatchers as confidential for purposes of open records law. - Amends TCA Section 10-7-504. Taxes, Real Property - Clarifies that transfers of real estate to or from a revocable living trust are exempt from transfer tax only if the trust was created by the transferor or the transferor's spouse, and further clarifies that deeds executed by the trustee of a revocable living trust to implement a testamentary devise by the trustor of the trust are exempt from transfer tax. - Amends TCA Title 67. Boats, Boating - Clarifies laws related to boating regulation and safety, updates boating laws to account for new technologies, and increases boating under the influence penalties for first and second time offenders. - Amends TCA Title 69, Chapter 9. Trusts - Enacts the "Uniform Prudent Management of Institutional Funds Act." - Amends and repeal portions of TCA Title 35. Domestic Relations - Allows a court to award reasonable attorney fees to either parent in a parental relocation matter; protects social security numbers of the parties and their children in certain divorce and child custody and support proceedings; requires all parties to any divorce to be subject to certain temporary injunctions, and adds a new temporary injunction against hiding evidence stored electronically; requires capital losses to be deducted from capital gains for the purpose of calculating income pursuant to the child support guidelines. - Amends TCA Section 36-4-106(b)(1); Section 36-4-106(d); Section 36-5-101(c)(2); Section 36-5-101(e) and Section 36-6-108. Auctions and Auctioneers - Creates right of lien for auctioneers who perform auctioneering services and are subsequently denied payment; auctioneer must notify the person to whom services were provided; lien to continue for 90 days from date of notice and until final termination of any suit for enforcement brought within such period. - Amends TCA Title 62, Chapter 19, Part 1. Museums - Adds Cowan Railroad Museum in Franklin County as an official state railroad museum. - Amends TCA Title 4, Chapter 1 and Title 4, Chapter 3. Domestic Relations - Authorizes commissioner of department of children's services to provide for instruction in GED preparation and vocational and occupational training in youth development centers. - Amends TCA Title 36 and Title 37.

147 152

HB2291 HB1916

158

SB0295

163

SB0798

166 173

SB1703 SB0217

174

SB0293

178

SB0920

180

SB1373

185

SB0418

186 187

SB0691 SB0942

192

HB1037

193 195

HB1196 HB2051

Chapter
197 198

Bill #
HB2265 HB2321

Description
Unemployment Compensation - Revises the premium rate chart for nongovernmental employers. - Amends TCA Section 50-7-403(g). Environment and Conservation, Department of - Exempts from public disclosure the records of any division of the department that would not be available to the public under federal law. - Amends Title 11, Chapter 1, Part 1. Courts, Juvenile - Makes various refinements to statutes pertaining to the conduct of juvenile court proceedings. - Amends TCA Section 36-1-117; Section 37-1-124 and Section Contracts - Increases from $500,000 to $860,000 the dollar amount of real property improvement contracts to which the requirement for an escrow account applies when a percentage of the contract price is held back by the owner or contractor. - Amends TCA Section 4-15-102; Section 66-11-144 and Title 66, Chapter 34. Food and Food Products - Authorizes the sale of non-potentially hazardous foods prepared in home-based kitchens to be sold at farmers' markets. - Amends TCA Title 53, Chapter 8. Notary Public - Requires notary public to report name change to county clerk and pay fee currently required for moving residence or principle place of business. - Amends TCA Section 8-16-109. Criminal Offenses - Broadens the offense of indecent exposure to include prisoners who expose their genitals or buttocks to another or engage in sexual conduct for the purpose of harassing a correctional officer or guard. - Amends TCA Title 39, Chapter 13. Students - Exempts from Open Meetings Act student disciplinary hearings conducted by school board after appeal by student, principal, principal-teacher, or assistant principal of decision of disciplinary hearing authority unless student or student's parent or guardian requests in writing an open hearing. - Amends TCA Section 49-6-3401. Criminal Offenses - Creates new offense of knowingly leaving child under seven in motor vehicle without supervision; punishable by permissible safety training and as Class B misdemeanor by $200 fine for first offense and $500 fine for second or subsequent offense. - Amends TCA Title 55, Chapter 10. Criminal Offenses - Increases the punishment for the offense of being present as a spectator at a dog fight from a Class C misdemeanor to a Class A misdemeanor. Amends TCA Title 39, Chapter 14, Part 2. Pharmacy, Pharmacists - Enacts the "Pharmacy Benefits Management Act." - Amends TCA Title 56 and Title 63. Aircraft and Airports - Increases from two to three number of members of Tennessee aeronautics commission necessary to constitute quorum. - Amends TCA Title 42. Highways, Roads and Bridges - Requires the department of transportation to provide written notice to the speakers of the house and senate at least 10 days prior to a modification in the maximum weight of load allowed on public highways. - Amends TCA Title Handicapped Persons - Clarifies that only disabled drivers, disabled passengers, and qualified operators acting under express direction of such disabled persons who are present as passengers are allowed to use disabled parking spaces. - Amends TCA Title 55, Chapter 21, Part 1. Criminal Offenses - Prohibits the transportation of illegal aliens into the state, imposes a fine of $1,000 for such violation, and requires that money received from such fines be applied to the costs associated with deportation of such illegal aliens. - Amends TCA Title Water - Authorizes the Tennessee Regulatory Authority to regulate excess water leakage at public water utilities. - Amends TCA Title 7; Title 65 and Title 68, Chapter 221. Property - Specifies that seller of property must disclose percolation tests or soil absorption rates prior to contracting with buyer. - Amends TCA Section 66-5-212. Education - Prevents parent whose status as parent has been terminated by operation of law from obtaining child's report card. - Amends TCA Title 49. Driver Licenses - Requires qualifying offenses, convictions, or acts for which a person's driver license may be suspended or revoked to have occurred less than 10 years from the date the license is to be suspended or revoked. - Amends TCA Title 55, Chapter 50, Part Planning, Public - Requires certain members of municipal planning commission serving as regional planning commission to reside in the region served by such regional planning commission. - Amends TCA Title 13, Chapter 3, Part 1.

199 201

HB0320 HB1003

202 205

HB1048 HB1385

209

HB1753

212

SB0026

214

SB0270

216

SB0537

224 227 235

SB1112 SB1893 HB0080

240

HB0365

242

HB0600

243 244 247 251

HB0743 HB0753 HB0933 HB1112

253

HB1294

Chapter
254 257 259

Bill #
HB1384 HB1775 HB2079

Description
Notary Public - Increases surety bond requirement for notary publics from $10,000 to $25,000. - Amends TCA Section 8-16-104. AIDS, HIV and STDs - Requires judge to order person convicted of promoting prostitution to submit to HIV test. - Amends TCA Title 39, Chapter 13, Part 5. Law Enforcement - Requires that all police and highway patrol officers be provided training on proper response to persons with mental illnesses; and requires that the POST commission's curriculum also include such training. - Amends TCA Title 4, Chapter 7, Part 1 and Title 38, Chapter 8, Part 1. School Transportation - Requires school bus drivers to deposit student at student's destination and makes failure to do so Class C misdemeanor punishable by fine only of up to $100; requires LEAs to assure that school bus drivers understand their duties and responsibilities with respect to management of unruly student bus riders. - Amends TCA Title 49, Chapter 6, Part 21. Unemployment Compensation - Requires written notice of method of appeal to chancery court be given to a claimant upon final denial of a claim for unemployment compensation. Amends TCA Title 50, Chapter 7, Part 3. Boards and Commissions - Requires health related boards to determine within 20 days all costs to be imposed against a person sanctioned by a health related board; notice by certified mail of such costs must be given to person sanctioned; person has 10 days from delivery of certified mail to appeal costs to appropriate court. - Amends TCA Title 63, Education - Replaces pre-graduation exit examination with three mandatory assessment exams to provide educators with information that will improve high school graduation rates and improve post-secondary achievement; exams to be administered in grades eight, 10, and 11. - Amends TCA Title 49, Chapter 6. Clerks, Court - Adds Grundy County to counties where clerk of general sessions court or clerk and master must also serve as juvenile court clerk. - Amends Chapter 226 of the Public Acts of 2003. Civil Procedure - Imposes liability upon owner of a dog that causes injury to another regardless of whether the dog had any past propensity for viciousness or whether the owner had knowledge of the dog's viciousness. - Amends TCA Title 44, Chapter 8, Part 4. Motor Vehicles, Titling and Registration - Requires motor vehicle dealers to provide clear title to seller within 30 days of transfer if not provided at time of transfer and satisfy all liens on vehicles accepted without title within 30 days of such transfer; failure to comply is a Class C misdemeanor and grounds for license denial, suspension, or revocation by motor vehicle commission. - Amends TCA Title 47, Chapter 2 and Title 55. Driver Licenses - Sets a limit of $400 for unpaid fines for certain city or county traffic offenses for purposes of driver license reinstatement unless an installment payment plan is in place. - Amends TCA Title 55. Public Records - Allows county clerks as well as local health departments to issue copies of birth and death certificates in Davidson, Hamilton, Knox and Shelby counties. - Amends TCA Section 68-3-206. Mortgages - Specifies that the definition of "commercial real estate" used in the Residential Closing Funds Distribution Act of 2005 applies only in that part. - Amends TCA Section 4732-102. Insurance Companies, Agents, Brokers, Policies - Authorizes a mental health or chemically dependent patient to have at least 15 additional visits after a utilization review episode instead of at least seven or as many as otherwise recommended by the treatment plan. Amends TCA Section 56-6-705. General Assembly - Requires mass mailings sent by member of the general assembly to persons within the member's district within 30 days of an election to be paid from the member's campaign account. - Amends TCA Title 2 and Title 3, Chapter 1, Part 1. Motor Vehicles, Titling and Registration - Applies the documentation procedure for issuance of certificate of title for vehicle lacking proper documentation to any vehicle by removing present applicability only to vehicle valued at $3,000 or less. - Amends TCA Title 55,

261

SB0051

264

SB0801

265

SB0802

273

SB2175

275

SB0087

276

SB0143

278

SB0267

279

SB0291

282

SB0653

286

SB1159

287

SB1305

288

SB1353

289

SB1480

Chapter
296

Bill #
SB2182

Description
Public Contracts - Authorizes the department of general services to purchase goods and services through a competitive reverse auction process that allows offerors to bid on specified goods or services electronically and adjust bid price during a specified period of time; award to be made to lowest responsible and responsive bidder. - Amends TCA Title 12, Chapter 3, Part 2. Insurance Companies, Agents, Brokers, Policies - Specifies that foreign insurance company whose certificate of authority is revoked or suspended under certain circumstances shall not be considered an unauthorized insurer for any policies written while operating with a certificate of authority that was not revoked or suspended; increases maximum civil penalty that boards attached to division of regulatory boards can assess from $1,000 to $10,000; authorizes commissioner of commerce and insurance to assess penalty as alternative to assessment by regulatory board. - Amends TCA Title 56. Education, Curriculum - Removes provision that permits a course on personal finance to satisfy instruction requirement on the free enterprise system. - Amends TCA Section 49-61205. Child Abuse - Removes reference to "investigating" in provision authorizing a hospital, clinic, school, or other organization responsible for the care of children to develop a specific procedure for internally tracking, investigating, reporting, or otherwise monitoring a child abuse report made by a member of its staff. - Amends TCA Title 37, Chapter 1, Part 4. Mental Retardation - Makes individuals from the waiting list eligible for ICF/MR beds and authorizes the division of mental retardation services to approve persons who fill such beds. - Amends TCA Title 33; Title 68, Chapter 11 and Section 71-5-105. Traffic Safety - Adds driving motorcycle while front tire is off the ground to offense of reckless driving; violation is a Class B misdemeanor. - Amends TCA Title 55, Chapter 10 and Title 55, Chapter 8. Hospitals and Health Care Facilities - Extends nursing home bed privilege tax for two years until June 30, 2009. - Amends TCA Title 68, Chapter 11, Part 2. Courts, Supreme Court of Tennessee - Increases fee for filing of notices with supreme court clerks from $4.00 to $6.00. - Amends TCA Section 8-21-501. Probation and Parole - Authorizes court to order that person sentenced to supervised probation undergo an alcohol and drug assessment, treatment, or both; assesses $100 alcohol and drug addiction treatment fee on each drug-related conviction. - Amends TCA Title 39, Chapter 17, Part 4 and Title 40, Chapter 35, Part 3. Juveniles - Requires school principals to develop transition plans for students returning to school after inpatient mental health treatment under certain circumstances. - Amends TCA Title 37, Chapter 1 and Title 49, Chapter 6. Education - Adds safety of the school, in addition to the progress or efficiency, as a factor to consider under provisions empowering a school board to suspend, dismiss, or alternatively place pupils when the progress or efficiency of the school makes it necessary or when disruptive, threatening, or violent students endanger the safety of other students or school system employees. - Amends TCA Title 49, Chapter 2, Part 2. Education, State Board of - Alters the terms of state board of education members from nine years to five years. - Amends TCA Section 49-1-301. Driver Licenses - Places a $400 cap on the restoration or reinstatement fees imposed for certain suspensions related to traffic citations, effective until July 1, 2008. - Amends TCA Title 55. Criminal Offenses - Allows directors of the emergency management agency to carry handguns pursuant to written directive. - Amends TCA Section 39-17-1315. Public Officials - Prohibits state and local elected officials from seeking elected state or local office after conviction of a state or federal felony related to public service. - Amends TCA Section 40-20-114. Education - Enacts the "Local Education Support Group Financial Accountability Act of 2007." - Amends TCA Title 49. Motor Vehicles - Authorizes department of safety to regulate all for-hire motor carrier vehicles for eight or more passengers; and requires such motor carriers to maintain liability insurance, submit drivers to drug and health screening, and submit vehicles to safety examinations. - Amends TCA Title 7, Chapter 51 and Title 65.

299

SB2239

303

HB1944

305

HB2230

307

SB0828

308

HB0201

309 310 311

HB0242 HB0312 HB0458

314

HB0665

315

HB0928

316 317

HB0951 HB1407

318 325

HB1410 SB1264

326 329

SB2054 SB1612

Chapter
330 331 341 343 347

Bill #
SB1672 SB1935 SB0938 SB1349 HB0243

Description
Workers' Compensation - Corrects cross-reference to definition section in the provision limiting the maximum total benefit. - Amends TCA Section 50-6-102 and Section 50-6-205. Nuisances - Authorizes courts to enjoin continuation of public nuisances before notice and hearing is afforded defendant under certain circumstances. - Amends TCA Title 29. Education - Requires school resource officers to be sworn police officers. - Amends TCA Title 38 and Title 49, Chapter 6, Part 42. State Government - Requires governmental entities to notify interested persons of proposed projects or actions prior to issuing permits. - Amends TCA Title 4. Hospitals and Health Care Facilities - Extends prohibition on new nursing home bed certificates of need to June 30, 2008, except for 125 Medicare SNF beds. - Amends TCA Title 68, Chapter 11, Part 16. Gambling - Exempts from gambling devices, devices that are incapable of accepting money, or anything of value, or are incapable of dispensing money, or anything of value, or computer or software programs designed solely for devices that are not located within the state of Tennessee. - Amends TCA Title 39, Chapter 17. Domestic Violence - Expands definition of abuse to include physical harm, attempted physical harm, or threatened physical harm to a pet of an adult or minor and requires court to place an animal with the petitioner or in foster care in a protective order. - Amends TCA Title 36, Chapter 3, Part 6. Criminal Offenses - Adds person pretending to be law enforcement officer for the purpose of gaining access to places or information that are restricted to the public to definition of criminal impersonation; increases penalty for criminal impersonation from Class B misdemeanor to Class A misdemeanor. - Amends TCA Title 39, Chapter 16, Part 3. Mental Illness - Requires that service recipients for mental health services be periodically afforded the opportunity to execute an information release authoring certain disclosures to family members at time of admission to inpatient treatment, an emergency room, or crisis response setting. - Amends TCA Title 33. Education - Prevents parent whose status as parent has been terminated from obtaining child's report card. - Amends TCA Title 49. Public Employees - Increases paid military leave time from 15 to 20 working days a year. Amends TCA Title 8, Chapter 33, Part 1. Environment and Conservation, Department of - Increases maximum amounts that may be charged for certain fees by promulgating authorities attached to department and makes numerous changes relative to environmental regulatory programs. - Amends amend TCA Title 60, Chapter 1; Title 68, Chapters 203, 212 and 215, Title 69, Chapters 3, 10 and 11. Criminal Procedure - Expunges public records of persons charged with a misdemeanor or felony while challenging a law designed to maintain racial segregation or discrimination. Amends TCA Title 40, Chapter 32. DNA and Genetic Testing - Enacts "Genetic Counselors' Licensing Act." - Amends TCA Title 63. Education, State Board of - Requires that the annual report submitted by the committee for the Tennessee basic education program, which includes recommendations on needed revisions, additions, and deletions to the BEP formula as well as an analysis of instructional salary disparity among LEAs, must also include an analysis of disparity in benefits and other compensation among LEAs. - Amends TCA Title 49, Chapter 1. Taxes, Cigarette - Increases the tax on cigarettes from 10 mills to 3 cents on each cigarette; requires that all cigarette tax revenue realized from the increase be deposited into the general fund. - Amends TCA Title 67, Chapter 4, Part 10. Education - Reduces from 20 consecutive days to 15 consecutive days the period of time for which a substitute teacher may fill in for a regular teacher on leave without being required to possess a teacher's license or permit. - Amends TCA Title 49, Chapter 3. Pharmacy, Pharmacists - Requires informed consent before interchanging or substituting for a prescribed anti-epileptic drug; violation is a Class C misdemeanor. - Amends TCA Title 53 and Title 63.

349

HB0742

352

HB1161

355

HB1415

356

HB1426

358 360 362

HB1531 HB2243 SB2257

363

HB1055

366 367

SB0935 SB2178

368

SB2326

369

HB2293

370

HB0121

Chapter
372

Bill #
HB0321

Description
Courts, Juvenile - Makes various refinements to statutes pertaining to adoption, permanent guardianship, and other placement arrangements for children. - Amends TCA Section 36-1102(41); Section 36-1-113; Section 36-1-115; Section 36-1-116; Section 37-1-104; Section 37-1-130; Section 37-1-132; Section 37-1-806; Section 37-2-403; Section 37-2-409 and Section 37-2-416. Law Enforcement - Allows the Bradley County forensic laboratory to assess and receive the same fees as are currently charged by publicly funded and TBI forensic labs for conducting tests to determine the drug and alcohol content of blood. - Amends TCA Title 38, Chapter 6, Part 1; Title 39, Chapter 17, Part 4 and Title 55, Chapter 10, Part 4. Courts, Special - Allows juvenile courts to develop and operate drug court treatment programs; prohibits drug courts established under juvenile court jurisdiction from using grants from the drug court treatment program; requires a $75.00 fee to be assessed against persons who violate the terms of a suspended sentence imposed as a result of a drug offense or who have a conviction that is premised on a positive drug test. - Amends Taxes, Sales - Reduces, from 6 percent to 5 1/2 percent, the rate of state sales tax levied on certain foods and food ingredients intended for human consumption. - Amends TCA Title 3; 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 49; Title 55; Title 56; Title 57; Title 61; Title 62; Title 67; Title 68; Title 69; Title 70 and Title 71. Hospitals and Health Care Facilities - Revises requirements concerning wheeled mobility devices. - Amends TCA Title 68, Chapter 11, Part 2. Codes - Exempts heating, ventilation, and air conditioning (HVAC) electrical inspection approval before electrical service is provided to a pre-manufactured or modular home. Amends TCA Section 68-102-143. Hospitals and Health Care Facilities - Extends termination date for monthly 6 percent gross receipts tax on intermediate care facilities for the mentally retarded (ICFMR) from July 15, 2007, to July 15, 2009. - Amends TCA Section 68-11-830. Hospitals and Health Care Facilities - Declares public policy that hospitals have access to health care providers who make entries in hospital patient medical records for information regarding entries made in those records. - Amends TCA Title 63 and Title 68. Students - Requires one-year expulsion of students who gang up with others to fight an individual student. - Amends TCA Title 49, Chapter 6, Part 34; Title 49, Chapter 6, Part 40; Title 49, Chapter 6, Part 41; Title 49, Chapter 6, Part 42 and Title 49, Chapter 6, Part 43. Environment and Conservation, Department of - Requires water quality enforcement actions be posted on the department's Web site. - Amends TCA Title 69, Chapter 3. Pharmacy, Pharmacists - Moves the board of pharmacy from commerce and insurance to the division of health related boards. - Amends TCA Section 4-3-1304 and Title 63, Chapter Mental Health and Developmental Disabilities, Dept. of - Requires personal support services agencies to make certain disclosures to clients regarding potential liability as employers of personal support services workers. - Amends TCA Title 33. Firearms and Ammunition - Increases punishment for first violation of offense of unlawful possession of weapon with intent to go armed to fine not to exceed $500 and raises punishment for second or subsequent violation of such offense from Class C to Class B misdemeanor. - Amends TCA Title 39, Chapter 17, Part 13. Hospitals and Health Care Facilities - Limits hospitals to charging 120 percent of Medicare rates for certain self-pay patients. - Amends TCA Title 47, Chapter 18 and Title 68. Registers of Deeds - Authorizes registration of electronic records. - Amends TCA Title 66, Chapter 24. Meat, Meat Products - Makes processing of deer meat and carcasses subject to provisions of “Tennessee Meat and Poultry Inspection Act.” - Amends TCA Title 53, Chapter 7. Medical Occupations - Revises referral requirements to patient access to physical therapy services. - Amends TCA Section 63-13-109(b) and Section 63-13-303. Solid Waste Disposal - Increases from 30 to 45 days time for filing appeal from final action of solid waste authority. - Amends TCA Title 68.

374

HB1414

375

HB1871

376

HB0472

377 379

SB0251 SB0733

390

SB2325

391

HB0301

402

SB0247

404 407 408

SB0603 SB0756 SB0838

412

SB1419

419 420 421 423 424

SB2292 SB0317 SB1006 SB1144 SB1815

Chapter
427

Bill #
HB1206

Description
Billboards - Defines "destroy," for billboard regulation purposes, as causing damage to billboard requiring more than 60 percent of the cost to erect a new sign at the same location. - Amends TCA Title 54, Chapter 21. Anatomical Gifts - Enacts the "Revised Uniform Anatomical Gifts Act." - Amends TCA Title 4; Title 38; Title 55 and Title 68. Charitable Solicitations - Sets penalty for violation of the Fundraising for Catastrophic Illnesses statute at a Class B misdemeanor and imposes certain record-keeping and enforcement requirements. - Amends TCA Title 35, Chapter 11. Highways, Roads and Bridges - Removes height restrictions for buildings located on property along certain scenic highways. - Amends TCA Title 54. Teachers, Principals and School Personnel - Requires automatic revocation of teacher's license when convicted of certain felonies. - Amends TCA Title 49, Chapter 5, Part 4. Child Custody and Support - Requires self-employed child support obligors to establish a bank account for deposit of child support funds and allow the department of human services to retrieve those funds by automatic bank withdrawal on a periodic basis. Amends TCA Section 36-5-501. Abuse - Requires physicians, certain health care facilities, community centers, and pharmacies to post information concerning assistance for teenagers involved in relationships that include dating violence, and further allows that information and all information required to be posted concerning adult abuse and domestic violence be combined and printed on one poster. - Amends TCA Section 71-6-121. Municipal Government - Places certain requirements on municipalities contracting for and the operation of surveillance cameras installed to enforce or monitor moving traffic violations at intersections controlled by traffic-control signals. - Amends TCA Title 6; Title 7 Motor Vehicles - Authorizes all terrain vehicles on a certain county road in Scott County. Amends TCA Title 55, Chapter 8, Part 1. - Amends TCA Title 49, Chapter 5 and Title 49, Chapter 6. Traffic Safety - Requires an engineering and traffic investigation prior to establishing a special speed zone, requires signs and lights that comply with national standards designating such zones, and increases period when school zones are in affect. - Amends TCA Section 55-8-152 and Section 55-8-153. Sexual Offenders - Expands definition of "conviction" for purpose of sexual offender registry to include sex offenders put on diversion and sex offenders in this state who have been convicted of a sex offense but not yet sentenced. - Amends TCA Title 40. Teachers, Principals and School Personnel - Requires background checks for students entering teacher training programs. - Amends TCA Title 49. Education - Establishes compulsory attendance at alternative schools. - Amends TCA Title 49, Chapter 6. Education - Classifies threatening to use any destructive device on school property or at school-sponsored event a zero tolerance offense with mandatory one-year expulsion; authorizes judges to suspend driver license of juvenile who is adjudicated delinquent for zero tolerance offense. - Amends TCA Title 49, Chapter 6, Part 34 and Title 55, Chapter 50, Contractors - Transfers the responsibilities of the home improvement commission to the board for licensing contractors; moves the staff of the commission to the board; creates three subcommittees of the board to focus on limited areas and report their findings and recommendations for final action by the board. - Amends TCA Title 62, Chapter 37 and Title 62, Chapter 6. Solid Waste Disposal - Requires that a municipal solid waste region's plan include provisions for managing solid waste generated as a result of natural disaster; imposes predisposal fee on tire dealers; provides for grants for landfills in certain cities and counties; revises other various solid waste-related provisions. - Amends Title 68, Chapter 211, and Title 67, Chapter 4, Part 16 of the Tennessee Code.

428 430

HB1557 HB2139

431 432 442

SB0124 SB1730 HB0094

446

HB0633

447

HB0698

448

HB0719

450

HB1154

451

HB1480

454 455 457

HB2076 HB2138 HB2260

460

HB1006

462

HB2289