Public Chapters effective 07/01/07
Chapter Bill # Description
11SB0457
Education
- Directs the office of education accountability to study periodically the schoolaccountability 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 6.13HB0418
Estates
- Clarifies that the net estate for purposes of calculating a surviving spouse'selective 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 estatetaxes; and that the elective share must be elected within nine months of the decedent'sdeath. - Amends TCA Title 31, Chapter 4.22SB1388
Domestic Relations
- Allows persons to petition for grandparent visitation in generalsessions courts with domestic relations jurisidiction or juvenile courts in matters involvingchildren born out of wedlock; authorization is in addition to present authorization for suchpetitions to be filed in chancery and circuit courts. - Amends TCA Section 36-6-306.23SB2186
Military
- Revises maximum age provisions regarding the termination of a national guardofficer's appointment; sets age limits at those "prescribed in federal law" instead of age 64for the adjutant general, age 62 for a major general, age 60 for a brigadier general andbelow, and age 60 for the United States property and fiscal officer. - Amends TCA Title 58,26SB0189
Guardianship
- Removes social security numbers from the public portion of records of guardianships and conservatorships; authorizes the court to release the social securitynumber to a third party upon good cause shown and upon such conditions as the court maydeem appropriate. - Amends TCA Title 34.27SB0334
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 2.28SB0767
Driver Licenses
- Broadens criminal provisions involving unlawful use of driver licenses toinclude use of certificates for driving and all other government-issued photo identificationdocuments. - Amends TCA Title 55, Chapter 50, Part 6.31SB2233
Welfare
- Revises provisions governing temporary assistance to needy families. - AmendsTCA Title 71.32SB0263
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 reportto the general assembly regarding cost-of-living increases every five years and the impactof such increases on the fine amount so general assembly can determine if fine should beincreased. - Amends TCA Section 55-21-108.39SB1757
Firefighters
- The appointment of the county fire chief by the county mayor in ShelbyCounty, 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 governmentalentities are given full consideration, with the exact methodology to be determined by localordinance. - Amends TCA Section 5-17-103.41SB2252
Transportation, Dept. of
- Requires transportation plan prepared by commissioner beconsistent with federal transportation planning requirements and include consideration of various types of transportation. - Amends TCA Title 4, Chapter 3, Part 23.42HB0204
Tennessee Higher Education Commission
- Requires the commission to develop aninstitute of public health, in consultation with the department of health, the University of Tennessee, the Tennessee board of regents, and private colleges and universities. -43HB0640
Liability, Tort
- Extends limited liability to all healthcare research institutions, andemployees thereof, for injuries caused in the development, testing, or administration of certain vaccines except in cases of willful misconduct resulting in death or serious bodilyinjury. - Amends TCA Title 53 and Title 68.45SB0057
Teachers, Principals and School Personnel
- Requires two hours of the required five daysof 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.
Chapter Bill # Description
46SB0127
Criminal Offenses
- Expands Class A misdemeanor of escaping from a penal institution tothose persons lawfully being held for a civil offense. - Amends TCA Section 39-16-605.48SB0494
Election Laws
- Revises statutory language to replace "handicapped voter" with "voter witha disability" or "voters with disabilities." - Amends TCA Title 2.55SB1758
Emergency Communications Districts
- Authorizes Shelby County mayor to appoint boardof directors of seven to 11 members to govern such county's emergency communicationsdistrict; directors are subject to confirmation by county legislative body. - Amends TCASection 7-86-105.61HB0225
Fines and Penalties
- Requires the fiscal review committee to report to the generalassembly every five years regarding the dollar amount that fines imposed for criminaloffenses would be if adjusted to reflect the previous five years' cost of living increases. -Amends TCA Section 40-35-111.64HB0349
Fireworks
- Raises the age from 10 to 16 for the lawful purchase of Class C commonfireworks; 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 68-104-112 and Section 68-104-114.65HB1157
Game and Fish Laws
- Requires property declared contraband to be destroyed or deliveredto the commissioner of general services and sold in the same manner as surplus propertyinstead of destroyed or advertised and sold at the courthouse of the county where theproperty was seized. - Amends TCA Section 70-6-201.70HB2174
Criminal Offenses
- Creates misdemeanor offenses for removing from a dog an electronicor radio transmitting collar or microchip implant without the permission of the owner. -Amends TCA Title 39, Chapter 14.72HB2316
Energy
- Transfers responsibility for administering state building energy managementprogram and revolving retrofit fund from department of general services to department of finance and administration. - Amends TCA Title 4, Chapter 3.75SB0527
Housing
- Permits housing authorities in counties not covered by Uniform ResidentialLandlord and Tenant Act to terminate and evict tenants on three days' notice if theyengage in violent acts or drug-related criminal activity or behave in a manner that is adanger to other tenants. - Amends TCA Title 66, Chapter 7, Part 1.77SB1178
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 sexualoffender registry. - Amends TCA Title 38, Chapter 6, Part 1 and Title 40, Chapter 35, Part 3.78SB1205
Consumer Protection
- Specifies that the limitation on selling a residence with morebedrooms than are permitted by the sewage disposal system permit applies only to newconstruction, and specifies that real estate agents violate the statute only if they haveactual, not constructive, knowledge of the violation. - Amends TCA Title 47, Chapter 18 andTitle 66, Chapter 5.83HB1183
Domestic Violence
- Requires physicians to report suspected domestic abuse to thedepartment of health for the compilation of anonymous statistical data on such abuse;requirement to be repealed June 30, 2009. - Amends TCA Title 36.85HB1540
Liability, Tort
- Extends the "Tennessee White Water Rafting Responsibility Act" until July1, 2010, from its present sunset of July 1, 2008; requires the department of commerce andinsurance to examine issues regarding the affordability of insurance in the area of whitewater rafting. - Amends TCA Title 70, Chapter 7, Part 2 and Chapter 169 of the Public Acts87HB0145
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 notresult in any net loss of available acreage for hunting opportunities; requires TWRA tomitigate the closure of hunting and fishing land that it owns. - Amends TCA Title 70,90HB0353
Municipal Government
- Changes terms of board of mayor and alderman fromnonstaggered two-year terms to nonstaggered four-year terms in Huntsville. - Amends TCA99HB1942
Education
- Requires each LEA to annually report to the commissioner of education theemployment standards the LEA has adopted for school resource officers. - Amends TCASection 49-6-4217.
Chapter Bill # Description
106SB0276
Search & Seizure
- Adds campus police officers to present law enforcement officersauthorized to conduct certain seizures of property and related forfeiture sales of suchproperty. - Amends TCA Section 39-17-420; Title 40, Chapter 33, Part 1; Title 53, Chapter 11 and Title 55, Chapter 5, Part 1.107SB0519
County Government
- Authorizes certain counties to establish and operate emergencymedical services and to charge fees or rates for such services. - Amends TCA Title 5,Chapter 16, Part 1.108SB0730
Criminal Procedure
- Adds offenses of rape, statutory rape by authority figure, andaggravated child abuse to list of offenses for which the judge must revoke bailimmediately upon conviction. - Amends TCA Title 40, Chapter 35, Part 1.112SB2029
Motor Vehicles, Titling and Registration
- Exempts persons with a permanent disability fromfurnishing a physician's statement upon renewal of a handicapped placard or tag. -Amends TCA Section 55-21-103.115HB0270
Boards and Commissions
- Abolishes board of occupational and physical therapyexaminers and establishes separate boards for each profession. - Amends TCA Title 4,Chapter 29; Title 63, Chapter 13 and Section 68-11-222.117HB0896
Physicians and Surgeons
- Adds onsite medical clinics to those entities that a clinicallaboratory or a physician may bill for cytopathology services. - Amends TCA Title 63,Chapter 6, Part 12.118HB1203
Surplus Property
- Modifies the procedures for the department of transportation'sdisposition of real property that was intended for use as right-of-way. - Amends TCA125SB0925
Election Laws
- Requires applications for voter registration to be accepted and processedthrough the 29th day before election if the 30th day falls on Sunday; requires that pollwatchers be at least 17 years old; requires that retention questions for judges be at the endof the ballot; makes various other revisions to election laws. - Amends TCA Section 2-5-207(b); Section 2-2-109; Section 2-2-129(a)(1); Section 2-5-208(c); Section 2-6-201; Section2-6-202(a)(3); Section 2-6-202(d)(3); Section 2-6-502(c); Section 2-7-104(a); Section 2-7-112(a)(2)(D); Section 2-7-133(i); Section 2-8-107(b) and Section 5-1-104(b)(3).126SB1056
Sexual Offenders
- Requires a sexual offender or violent sexual offender to report anymaterial change in the offender's employment status to the registering agency within 48hours of the change of status. - Amends TCA Title 40, Chapter 39, Part 2.128SB1190
Animals and Animal Cruelty
- Provides that in animal cruelty prosecutions, if the defendantdoes not post court-ordered security to pay for expense of caring for the animal within 15days, animal is forfeited and defendant loses all ownership rights; establishes provisionsgoverning 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 2.130SB1784
Contractors
- Requires general and home improvement contractors to submit proof of workers' compensation and general liability insurance upon licensure or renewal. - AmendsTCA Title 62, Chapter 37 and Title 62, Chapter 6.134HB0075
Law Enforcement
- Permits a juvenile to be photographed or recorded by law enforcementif 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 Title37, Chapter 1, Part 1.138HB0776
Paternity
- Requires court to order nonprevailing party in paternity suit or, in noncontestedcases, the person confirmed as the father of the child to pay costs for changing birthcertificate and issuing new birth certificate. - Amends TCA Title 36, Chapter 2, Part 3.139HB0851
Motor Vehicles
- Requires written motor vehicle accident reports, including those preparedby law enforcement and those prepared by the owner or driver of a vehicle involved in anaccident, to include insurance policy names. - Amends TCA Title 55, Chapter 10.141HB1187
Zoning
- Revises provisions regarding businesses that cease operations for 30 continuousmonths being bound by zoning changes to create special provisions applicable to motor vehicle business establishments in Davidson County. - Amends TCA Section 13-7-208.142HB1219
Motor Vehicles, Titling and Registration
- Establishes registration fee of $9.50 for privatelyowned trailer not required to be registered but the owner desires to be registered; makespersonalized plates available for such trailers for an additional fee of $50.00; authorizes thesale of personalized trailer plates and provides for the funds from the sale of such platesbeing expended to develop and maintain public horseback riding trails. - Amends TCA Title55, Chapter 4.
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