STATE OF TENNESSEE

105th General Assembly

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HOUSE REGULAR CALENDAR
Summary of General Bills Monday, June 04, 2007 Published by the Office of the Chief Clerk (Asterisked number indicates which bill is printed in your file.) _______________________________________________________________________ _

1. HB 1749 by *Kernell (*SB 1903 by *Harper) Administrative Procedure (UAPA) - Continues permanent rules filed with secretary of state after January 1, 2006. - The Abstract summarizes HB1749 as introduced.

2. *HB 0283 by *Overbey (SB 1010 by *Herron, Marrero B) TennCare - Adds inpatient rehabilitation facility services to those services covered by TennCare. - Amends TCA Title 71, Chapter 5, Part 1. Summary: ON MAY 31, 2007, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1010, AS AMENDED. AMENDMENT #1 rewrites this bill. This amendment directs the bureau of TennCare to submit a state plan amendment to the Centers for Medicare and Medicaid Services that sets out a payment methodology for Medicaid enrollees who are not also enrolled in Medicare. The plan must be consistent with the portions of the federal Deficit Reduction Act of 2005 regarding emergency services furnished by non-contract providers for Medicaid managed care enrollees. This amendment specifies that the payment must be the average contract rate that would apply under the state plan for general acute care hospitals. A tiered grouping of hospitals by size or services may be utilized to administer these payments. The payment methodology developed pursuant to this amendment must be budget-neutral for the state for fiscal year 2007-2008 when compared to the actual experience for emergency services furnished by non-contract providers for Medicaid managed care enrollees prior to January 1, 2007. This amendment states the intent that it only apply to the emergency services furnished by non-contract providers for Medicaid managed care enrollees.

3. HB 0003 by *Pruitt, Gilmore, Briley, Moore, Odom, West, Sontany, Turner M, Harwell, Jones S (*SB 0004 by *Harper, Haynes, Johnson, Burks, Kilby, Finney L, Kurita, Marrero B, Tate, Williams, Wilder) Highway Signs - "Rosa L. Parks Boulevard," segments of Metro Center Boulevard and 8th Avenue North (U.S. Highway 41-A, State Route 12) in Metropolitan Nashville and Davidson County Summary: ON APRIL 19, 2007, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 4, AS AMENDED. AMENDMENT #1 directs the metropolitan government of Davidson County, instead of the department of transportation, to erect signs designating the route of Rosa L. Parks Boulevard.

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4. *HJR 0108 by *McCord Constitutional Amendments - Adds provisions establishing the right to hunt, fish, and harvest game subject to reasonable rules and regulations; establishes standard for reviewing such rules and regulations. - The Abstract summarizes HJR0108 as introduced.

5. HB 0698 by *McCord (*SB 0666 by *Burchett) 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 and Title 55. Summary: This bill requires that traffic signals be set so that the yellow or caution light remains illuminated for at least five seconds before the signal changes to red, if the intersection at which the signal is located is monitored by a surveillance camera. Any traffic citation issued in regard to a traffic signal that is not set in accordance with this bill would be invalid. This bill prohibits local governments from entering into, renewing, or amending a contract for the installation of such surveillance cameras, if the contract provides for the local government and the company that installed or maintains the camera sharing the revenues from the traffic fines.

6. *HJR 0154 by *Shaw Highway Signs - "Lt. James E. Mills Memorial Highway," portion of SR 125 in Hardeman County - The Abstract summarizes HJR0154 as introduced.

7. *HB 2309 by *Bass, Odom, Cobb C, Lynn, West (SB 2261 by *Kyle, Finney L., Kurita, Marrero, B) Law Enforcement Training Academy - Authorizes retention of commissioned instructors at Tennessee law enforcement training academy following job-related injuries; authorizes issuance of retired commission cards to certain instructors; adds mandatory retirement for commissioned instructors at age 60. - Amends TCA Title 8, Chapter 36 and Title 68, Chapter 102. Summary: Under this bill, if a commissioned instructor employed at the Tennessee law enforcement training academy is injured in the line of duty and the injury disables the member from performing his regular duties, the commissioner of commerce and insurance may retain the person on the department's regular payroll until the person's claim for compensation for the disability is determined by the division of claims administration. This provision would only apply if the person is a member of TCRS. This bill also provides that any commissioned instructor employed at the Tennessee Law Enforcement Training Academy who retires after 25 years of honorable service will be issued a retired commission card by the department. The card will identify the member, the member's department and rank, and the fact that the member is retired. This bill further provides that after 25 years of honorable service by a commissioned member of the department, the department will authorize such member, upon retirement, to retain the member's service weapon. Issuance of a card and authorization to retain a service weapon is discretionary, instead of mandatory, in the case of a commissioned member who retires on disability retirement. For members retiring after July 1, 2008, with 25 years of honorable service, the member will be allowed to retain the member's badge. The badge must be permanently marked to indicate that the member is retired. Under present law, there is not a mandatory age requirement for any member of the TCRS, except for certain members such as state police officers, wildlife officers or commissioned members of the alcoholic beverage commission and who are engaged in law enforcement activities on a day-to-day basis, commissioned wildlife safety officers, and commissioned enforcement chiefs. Such persons must be retired on the first day of the month following the month in which the member attains 60 years of age. This bill extends the mandatory retirement provision to commissioned instructors employed at the Tennessee Law Enforcement Training Academy.

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ON APRIL 9, 2007, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 2261, AS AMENDED. AMENDMENT #1 corrects a typographical error and specifies that the provisions of this bill are subject to funding.

8. *HB 1154 by *Buck, Gresham (SB 1593 by *Norris, Marrero B) 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. Summary: Present law authorizes the department of transportation to lower speed limits in business, urban, or residential districts, any congested area, dangerous intersection, or in other circumstances where, based upon engineering and traffic investigations, public safety requires a lower speed limit. Posting of signs giving notice of speed zones at such places or on the highway where the speed limits are effective is required. Present law also requires the department of transportation, or its agents, to indicate the presence of workers or department employees with signs with flashing amber lights in designated construction zones. This bill specifies that engineering and traffic investigations used to establish special speed zone locations and speed limits must be made in accordance with established traffic engineering practices. Such investigations must also be documented, with the jurisdiction performing or sponsoring the investigation maintaining such documentation. In addition, all signs, signals, and other forms of public notification of speed limits, road hazards, and other traffic conditions must comply with the national Manual on Uniform Traffic Control Devices. Present law grants the power to prescribe lower speed limits within certain areas or zones, or on designated highways, avenues, or streets, to the legislative authority of the towns and cities with appropriate jurisdiction. Appropriate signs and traffic signals must be erected to designate these speed limits. This bill specifies that the power of the legislative bodies to prescribe lower speed limits applies to those areas where the public safety requires a lower speed limit based on an engineering and traffic investigation. Present law grants the legislative body of any county without a commission form of government the power to prescribe lower speed limits as it deems appropriate and directs the erection of appropriate signs and signals. Those counties with a commission form of government also have the power to prescribe lower speed limits as appropriate, but this power is granted to the board of commissioners. This bill requires that such speed limits be lowered only when, based upon an engineering and traffic investigation, it is shown that the public safety requires a lower speed limit. Under present law, in counties where the local legislative body does not establish special school zone speed limits, any person who drives at a speed exceeding 15 mph when passing a school during a recess period when a warning flasher or flashers are in operation, or during a period of 90 minutes before the opening hour of a school or 90 minutes after the closing hour of a school, while children are actually going to or leaving school, is considered guilty of reckless driving. This bill specifies that this provision applies to persons driving at a speed exceeding 15 mph in school zones where neither the department of transportation nor the local government has established special speed limits. Present law authorizes counties and municipalities to establish special school zone speed limits upon any highway or public road of this state within their jurisdiction and adjacent to school grounds that are primarily devoted to normal school day activity. The speed limit may be no less than 15 mph and may only be in effect when proper signs are posted with a warning flasher or flashers in operation and only while children are actually present. This authority does not apply to controlled access highways on the state highway system. The department of transportation has the authority to establish special speed limits at school entrances and exits to and from controlled access highways on the state system of highways. This bill allows the department to create special school zones that are based on an engineering investigation, no less than 15 mph, and only in effect upon proper sign posting and flasher operation and while children are actually present.

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When the department has created a special speed limit, a speed limit violation is a Class B misdemeanor, punishable by fine only, when employees of the department or construction workers are present. This penalty is applicable only in highway construction zones where the violations have been detected by radar, infrared, or similar detection devices. The amount of fine imposed for such violations must not be less than $250. This bill punishes violations of special speed limits, other than those occurring in construction zones as Class C misdemeanors; violations within highway construction zones would continue to be Class B misdemeanors punished by fines of not less than $250. This bill specifies that the provisions for fines and punishments would not be construed to prevent entry of a suspended sentence upon the conviction of a defendant for the first violation of the enhanced penalties when the violation occurs within a construction zone where workers are present if the trier of fact determines that extraordinary circumstances led to the violation. This bill also specifies that, except in school zones, construction zones, and other special hazard zones as identified on the basis of a documented engineering and traffic investigation, when a speed limit is to be posted, it must be within five miles per hour of the 85th percentile speed of free-flowing traffic as determined by an engineering and traffic investigation, in compliance with the national Manual on Uniform Traffic Control Devices.

9. HB 1146 by *Buck (*SB 0123 by *Kurita, Marrero, B, Finney R.) Motor Vehicles - Requires 30 percent of passenger motor vehicles purchased by the state during a fiscal year to have an estimated highway gasoline mileage rating of at least 35 miles per gallon. - Amends TCA Title 4, Chapter 3, Part 11. Summary: This bill requires that at least 30 percent of the motor vehicles purchased for the state fleet each fiscal year be energy-efficient motor vehicles. This requirement applies to motor vehicles designed for carrying 10 or fewer passengers. For purposes of this bill, an "energyefficient" motor vehicle is one that has an estimated highway gas mileage rating of at least 35 miles per gallon. This bill requires the commissioner of general services to encourage the acquisition of energyefficient motor vehicles in the state fleet and to compile information regarding the number of energy-efficient motor vehicles in the state fleet and any cost savings associated with such vehicles. The commissioner would make the information available to the public on the Web site of the department of general services. Also, this bill requires the department to submit a report regarding energy-efficient motor vehicles to the speaker of each house and the chairs of the senate and house committees concerning government operations and conservation and environment. ON MARCH 26, 2007, THE SENATE ADOPTED AMENDMENT #1 AND RESET SENATE BILL 123, AS AMENDED. AMENDMENT #1 applies this bill's requirement that at least 30 percent of passenger motor vehicles that are purchased for the state fleet be energy efficient to motor vehicles that are designed to carry six or fewer "adult passengers," instead of motor vehicles designed to carry six or fewer "passengers." This amendment excludes vans, trucks, sport utility vehicles, and police pursuit vehicles from the definition of passenger motor vehicles so those vehicles will not be counted for purposes of determining whether the 30 percent purchasing requirement is met. This amendment changes the definition of an "energy efficient" motor vehicle from one that has an estimated highway gas mileage rating of at least 35 miles per gallon to a motor vehicle that meets any one of the following: (1) An alternative fuel vehicle as defined by the Energy Policy Act of 1992 (public Law 102486); (2) A flexible fuel vehicle utilizing ethanol, biodiesel, or any other commercially available alternative fuel approved by the U.S. department of energy; (3) A hybrid-electric vehicle; or (4) A vehicle powered by unleaded gasoline that has a U.S. environmental protection agency estimated highway gasoline mileage rating of at least 25 miles per gallon for the model year purchased. This amendment changes the date upon which the commissioner of general services will begin maintaining information regarding the number of passenger vehicles that are purchased or owned by the state each year from July 1, 2007, to June 30, 2008. Also, this amendment removes the

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requirement that the commissioner compile information regarding the costs savings associated with energy efficient motor vehicles. ON MARCH 28, 2007, THE SENATE FURTHER CONSIDERED SENATE BILL 123, AS AMENDED BY AMENDMENT #1, AND PASSED SENATE BILL 123, AS AMENDED.

10. HB 1822 by *Buck (*SB 0425 by *Crutchfield, Marrero B, Kilby) Workers' Compensation - Clarifies that social security offset does not apply to death benefit in permanent total disability cases and prohibits confidentiality of certain documents received by a specialist when ordering initiation of temporary and medical benefits. - Amends TCA Title 4; Title 8; Title 9; Title 16; Title 41; Title 48; Title 50 and Title 56. Summary: Present law requires an offset against workers' compensation permanent total disability payments for any old age insurance benefit payments attributable to employer contributions that the injured employee receives from social security. This bill exempts death benefits that are awarded to a deceased worker's dependents from the social security offset. This bill requires any workers' compensation specialist who is engaged in determining whether to order the payment of temporary disability or medical benefits for an injured employee to provide, upon request, copies of all information available to the specialist to the employee, the employer or insurer, or any attorney representing either of the parties. This bill would not apply to information or documents that are provided to a specialist during the benefit review conference procedure. ON MAY 7, 2007, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 425, AS AMENDED. AMENDMENT #1 rewrites the provisions described in the second paragraph of the bill summary regarding access to information available to a workers' compensation specialist. This amendment requires a party submitting information to a workers' compensation specialist who is considering whether to order temporary disability and/or medical benefits to provide copies of the information to the opposing party or the party's attorney at the time the information is provided to the specialist or upon request. This amendment also requires a workers' compensation specialist to provide either the employee, the employer, the employer's insurer, and/or any attorney representing any party an opportunity to review and request a copy of any information in the department's file upon which the specialist may base a decision as to whether to order disability and/or medical benefits. This amendment authorizes the department to charge a fee for copying and mailing any documents requested, not to exceed $10.00 for the first 25 page and $0.25 for each additional page. If video, audio, or x-rays are requested, this amendment requires the party who provided the materials to provide the copy (and authorizes the specialist to order the party to provide these materials).

11. HB 1804 by *Buck, Kernell (*SB 0603 by *Woodson, Marrero B) Environment and Conservation, Department of - Requires water quality enforcement actions be posted on the department's Web site. - Amends TCA Title 69, Chapter 3. Summary: This bill requires that the following be published on the department of environment and conservation's Web site: (1) All notices of water pollution control violations, orders of the director of the division of water management and orders of the commissioner of environment of conservation and environment, and all other enforcement actions and outcomes relative to water pollution; (2) Water quality control board rulings on contested cases and acceptance of judgments by consent; (3) Notices of intent to appeal; and (4) Drafts of agreed orders. ON MAY 9, 2007, THE SENATE ADOPTED AMENDMENT #1 AND RESET SENATE BILL 603, AS AMENDED.

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AMENDMENT #1 removes the provision for all notices of violations being published on the Web site. ON MAY 16, 2007, THE SENATE FURTHER CONSIDERED SENATE BILL 603, ADOPTED AMENDMENT #2, AND PASSED SENATE BILL 603, AS AMENDED. AMENDMENT #2 removes the provision of this bill that would require drafts of agreed orders to be posted on the Web site of the department of environment and conservation.

12. *HB 1141 by *Buck, Winningham (SB 1881 by *Burchett, Ketron, Crowe, Watson, Tracy, Beavers, Burks, Johnson, Finney R.) Criminal Offenses - Increases penalty for mailbox tampering from 25 hours to 30 hours of community service; increases from $1,000 to $1,200 the maximum amount a court is allowed per day to lodge and board jurors serving on criminal cases. - Amends TCA Title 39 and Title 40. Summary: ON MAY 7, 2007, THE SENATE ADOPTED AMENDMENTS #1 AND #2 AND PASSED SENATE 1881, AS AMENDED. AMENDMENT #1 rewrites this bill to clarify that the proceeds from all forfeitures of conveyances or real or personal property used in the commission of sexual offenses must go only to the Child Abuse Fund and must be earmarked for specified purposes. AMENDMENT #2 revises the present law provisions governing child curfews. Under present law, the Child Curfew Act applies upon the adoption of a resolution or ordinance by a two-thirds vote of the appropriate legislative body of Shelby County or any municipality in Shelby County. The Act does not apply to a municipality that has a more stringent curfew ordinance. This amendment adds that the Child Curfew Act will apply upon adoption of a resolution or ordinance by a two-thirds vote of the appropriate legislative body in Hardeman County or a municipality in Hardeman County.

13. *HB 1587 by *Fitzhugh, Hardaway (SB 2084 by *Burchett, Finney L, Marrero B, Kyle, Norris, Ford, O., Tate, Stanley) Taxes, Sales - Reduces sales tax on food from 6 percent to 4 percent effective January 1, 2008. - 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 67; Title 68; Title 69; Title 70 and Title 71. Summary: ON MAY 17, 2007, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 2084, AS AMENDED. AMENDMENT #1 rewrites this bill to make various changes to the Convention Center and Tourism Development Financing Act, including the following: (1) This amendment modifies the definitions of the facilities and the type of development for which the financing mechanism of the Act are available. Under present law, a "qualified public use facility" must contain at least 250,000 square feet. For purposes of determining this total, this amendment adds to the areas considered part of the facility under present law any two adjacent buildings, complexes, centers, or facilities. This amendment also specifies that seating areas and other enclosed areas are included as well. This amendment adds to the purposes for which a qualified facility might be constructed, leased, equipped, renovated, acquired or expanded to include furnishing renovated or new or expanded community facilities for sports events. This amendment also revises the definition of "qualified associated development" to include: recreational facilities and schools; parking structures adjacent to, not just attached to or located in, a qualified public use facility; and public utility improvements leased by a municipality or public building authority. (2) This amendment adds the following to the forms of "structured lease agreement" into which a municipality may enter (subject to other conditions): a lease by a municipality of a public use facility where the lease payments are limited to a pledge of all proceeds or taxes received pursuant to the Convention Center and Tourism Development Financing Act. (3) This amendment adds an authorization for the tax revenue distributed to the municipality to be used for lease payments with respect to any public use facility.

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(4) Present law provides for apportionment and distribution of tax revenues to municipalities in accordance with the incremental increase in tax revenue derived from the tourism development zone. This distribution, however, is available for only one tourism development zone per municipality, except in Davidson County, for which present law includes an exception to this limitation. This amendment extends this exception to Shelby County.

14. *HB 0008 by *Curtiss, Bass, Cobb C, DeBerry J, Hawk, Montgomery, Overbey, Fincher (SB 0064 by *Burks, Black, Woodson, Tracy, Crowe, McNally, Burchett, Johnson, Stanley, Watson, Ketron, Bunch, Williams, Ford, O., Finney R., Herron, Norris, Jackson, Kilby, Beavers) Sexual Offenders - Requires sexual offender who moves to this state to register regardless of the date of conviction or discharge from supervision if such offender was required to register in another jurisdicion. - Amends TCA Title 40, Chapter 39, Part 2. Summary: Under present law, a person is required to register with the TBI's sexual offender registry if the person: (1) Was convicted of an applicable sexual offense or violent sexual offense on or after January 1, 1995; or (2) Was convicted of an applicable sexual offense or violent sexual offense prior to January 1, 1995, but was on supervision prior to January 1, 1995, and discharged after that date. Under this bill, if an offender was convicted in a state that had a sex offender registry prior to 1995 and that person was required to register in that state, then the offender would also be required to register when establishing a presence in this state, regardless of the date of conviction or discharge from supervision. ON FEBRUARY 26, 2007, THE SENATE ADOPTED AMENDMENTS #2 AND #3 AND PASSED SENATE BILL 64, AS AMENDED. AMENDMENT #2 requires any person convicted of a qualifying offense, who was an adult when the offense was committed, to register with the TBI regardless of the date of conviction or date of release from supervision. Persons who are not required to register under present law but who would be required to register pursuant to this bill would have until August 1, 2007, to register. AMENDMENT #3 redefines "conviction" for purposes of convicted sex offenders who are required to register. Present law defines conviction to mean a judgment entered by a Tennessee court upon a plea of guilty, a plea of nolo contendere, or a finding of guilt by a jury or the court and a conviction by a federal court or military tribunal, including courts-martial conducted by the armed forces of the United States, and a conviction in any other state of the United States, other jurisdiction, or other country. This bill specifies, in regard to convictions in any other state, jurisdiction, or county, that "conviction" includes the entering of a plea of nolo contendere, the entering of a plea of guilty or a finding of guilt by a jury or a court.

15. HB 1290 by *Pinion (*SB 0348 by *Tracy) Traffic Safety - Prohibits a municipality with a population of 10,000 or less from issuing speeding tickets on interstates within the territorial limits of such municipality. - Amends TCA Title 55, Chapter 10, Part 3. Summary: Under present law, any municipality with a population of 10,000 or less that is responsible for enforcing traffic laws on portions of the interstate highway system lying inside the jurisdiction of the municipality must comply with the rules promulgated by the commissioner of safety to regulate enforcement of traffic laws. The requirement does not apply to drug interdiction officers employed by the municipality while the law enforcement officers are actively serving with any judicial district drug force. This bill removes all authority for any municipality with a population of 10,000 or less to issue speeding tickets on the interstate highways, with an exception for municipal law enforcement officers who are serving with a judicial district drug task force.

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16. HB 1669 by *Mumpower (*SB 1815 by *Bunch, Black) Solid Waste Disposal - Increases from 30 to 45 days time for filing appeal from final action of solid waste authority. - Amends TCA Title 68. Summary: ON MAY 24, 2007, THE SENATE ADOPTED AMENDMENTS #1, AS AMENDED, AND AMENDMENT #2 AND PASSED SENATE BILL 1815, AS AMENDED. AMENDMENT #1, AS AMENDED, rewrites this bill. Under present law, the department of health is organized into several different divisions, including the division of health related boards. The following boards are administratively attached to the division of health related boards: (1) Board for disposition of dead bodies; (2) Board of certification for professional counselors, and marital and family therapists; (3) Board of chiropractic examiners; (4) Board of communication disorders and sciences; (5) Board of dentistry; (6) Board of dietitians/nutritionist examiners; (7) Board of dispensing opticians; (8) Board of electrolysis examiners; (9) Board of examiners for nursing home administrators; (10) Board of examiners for speech pathology and audiology; (11) Board of examiners in psychology; (12) Board of medical examiners; (13) Board of medical examiners' committee on physician assistants; (14) Board of medical examiners' council on respiratory care; (15) Board of nursing; (16) Board of occupational and physical therapy examiners; (17) Board of optometry; (18) Board of osteopathic examination; (19) Board of registration in podiatry; (20) Board of social worker certification and licensure; (21) Board of veterinary medical examiners; (22) Medical laboratory board; (23) Board of pharmacy (presently attached to the department of commerce and insurance). This amendment updates the statutory list of boards administratively attached to the division of health related boards by adding to the list the: (1) Board of alcohol and drug abuse counselors; (2) Board of athletic trainers; (3) Board of medical examiner's committee for clinical perfusion; (4) Board of communication disorders and sciences (in place of the board of examiners for speech pathology and audiology); (5) Board of communication disorders and sciences' council for hearing instrument specialists; (6) Board of medical examiners' Tennessee advisory council committee for acupuncture; (7) Board of osteopathic examination's council of certified professional midwifery; (8) Board of podiatric medical examiners (in place of board of registration in podiatry); (9) Reflexology practitioners' registration; (10) Tennessee massage licensure board; and (11) Board of respiratory care (in place of board of medical examiner's council on respiratory care). This amendment also removes the board for disposition of dead bodies from the present law list. AMENDMENT #2 revises present law provisions governing hospital records. Present law provides that the party requesting a patient's records is responsible for the reasonable costs of copying and mailing the patient's records. Present law further provides that the charges for medical records to a patient or a lawyer authorized by the patient to review the patient's records that are equal or less than the following are presumed to be reasonable: a fee of $15.00, which includes the first five pages of the medical record and a per page charge of 75 cents a page for the sixth page up to and, including the 50th page; 50 cents a page for the 51st page up to the 250th page; and 25 cents a page for all pages thereafter.

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This amendment revises the above provisions to instead provide that the following charges will be presumed to be reasonable: a fee of $18.00, which includes the first five pages of the medical record and a per page charge of 85 cents a page for the sixth page up to and, including the 50th page; 60 cents a page for the 51st page up to the 250th page; and 35 cents a page for all pages thereafter. This amendment authorizes the imposition of a fee for certifying medical records in an amount not to exceed $20.00 for each record certified. This amendment specifies that the costs charged for reproducing records of patients involved in a workers' compensation claim will be as defined under the Workers' Compensation Law (generally a charge not to exceed $10.00 for reports 20 pages or less in length and 25 cents per page for each page copied after the first 20 pages).

17. *HB 0351 by *Hardaway (SB 0509 by *Kyle, Ford, O.) Adoption - Clarifies that a parent who attempts to support or visit a child has not willfully abandoned the child for the purpose of termination of parental rights in either foster care or adoption situations; clarifies that foster care agreements must be entered in any foster care arrangement, including private arrangements. Amends TCA Title 36, Chapter 1, Part 1; Title 37, Chapter 2, Part 4 and Title 47, Chapter 50, Part 1. Summary: Under present law, abandonment is grounds for terminating a person's parental or guardian rights to a child in order to make that child available for adoption. Present law considers the following to be abandonment: for a period of four consecutive months immediately preceding the filing of a proceeding or pleading to terminate the parental rights of the parent or guardian of the child who is the subject of the petition for termination of parental rights or adoption, the parent or guardian either willfully failed to visit or willfully failed to support or willfully failed to make reasonable payments toward the support of the child. "Willfully failed to support" or "willfully failed to make reasonable payments toward such child's support" means the willful failure, for a period of four consecutive months, to provide monetary support or the willful failure to provide more than token payments toward the support of the child. "Willfully failed to visit" means the willful failure, for a period of four consecutive months, to visit or engage in more than token visitation. This bill specifies that a person who attempted to support or visit a child but who was prevented by the acts of others or circumstances beyond the person's control will not be considered to have willfully failed to support or visit the child. This bill further specifies that a person who has filed a petition to gain custody of such person's child within the four-month period will be considered to have demonstrated the person's intent not to abandon the child, and this demonstrated attempt supersedes any failure on the part of the parent to support or visit the child during the four-month period. Present law provides that an order terminating a person's parental rights is binding, except based upon the timely appeal of the order, as permitted by law. No such order may be overturned after one year from the date of the entry of the final order. This bill specifies that the termination order may be overturned more than one year after the entry of the order, so long as it is pursuant to the appeal of the order. Present law defines "foster care" as the temporary placement of a child in the custody of the department of children's services or any agency, institution, or home, whether public or private, for care outside the home of a parent or relative, by blood or marriage, of the child, whether such placement is by court order, voluntary placement agreement, surrender of parental rights, or otherwise. This bill specifies that the placement of the child in foster care may be initiated by the child's parent or by another party. This bill further specifies that foster care encompasses placement of the child in the custody of any agency, including the department, and encompasses placement arrangements facilitated by a private placement agency. Present law requires that the permanency plan for any child in foster care include a statement of responsibilities between the parents, the agency, and the caseworker of such agency. This bill additionally requires that the statement outline the parties' responsibilities regarding visitation and payment of support and any penalties for failure to abide by those responsibilities on the part of either the natural parents or the foster parents. The bill further requires that the statement include an assessment of the ability of the natural parent to pay child support. If support is excused for cause because the primary reason for placement of the child is financial circumstance of the natural parents, that information would be included in the statement. If the natural parent is

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voluntarily placing the child in foster care, the statement would include a declaration that the placement is temporary and that the parent has the right to seek to regain custody of the child. This bill provides an affirmative defense to the enforcement of any written contract that the contract was written in a language that was not the native language of a party to the contract and that such circumstance resulted in reasonable doubt that the person understood his or her legal rights and responsibilities under the contract.

18. *SJR 0091 by *Finney R., Burks General Assembly, Directed Studies - Directs the comptroller of the treasury to study current alcohol and drug laws. - The Abstract summarizes SJR0091 as introduced.

19. *HB 0498 by *Kernell, Cooper B, Rowe (SB 0964 by *Harper, Flinn) Sunset Laws - Department of finance and administration, June 30, 2011. Amends TCA Title 4, Chapter 29 and Title 4, Chapter 3. - The Abstract summarizes HB0498 as introduced.

20. HB 2405 by *Hood Rutherford County - Subject to local approval, increases the purchasing limit from $5,000 to $10,000 by the County Executive, acting as the purchasing agent, without the necessity of advertisement or competitive bids. - Amends Chapter 421 of the Private Acts of 1943. - The Abstract summarizes HB2405 as introduced.

21. *HB 2406 by *Borchert (SB 2387 by *Herron) School Districts, Special - Authorizes and empowers the Paris Special School District of Henry County to issue capital outlay notes in a principal amount not to exceed $2,000,000.

22. HB 2407 by *Favors (SB 2386 by *Watson) Hamilton County - Subject to local approval, places minimum competitive bidding requirements for Hamilton County in conformity with statutory competitive bidding requirements for local governments. - Amends Chapter 56 of the Private Acts of 1941; as amended. - The Abstract summarizes HB2407 as introduced.

23. *HB 2015 by *Kernell (SB 2117 by *Harper) Sunset Laws - Commission on aging, June 30, 2011. - Amends TCA Title 4, Chapter 29 and Title 71, Chapter 2. - The Abstract summarizes HB2015 as introduced.

24. *HB 2024 by *Kernell (SB 2101 by *Harper) Sunset Laws - Terminates advisory council, Cordell Hull birthplace. - Amends TCA Title 4, Chapter 13 and Title 4, Chapter 29. - The Abstract summarizes HB2024 as introduced.

25. *HB 1994 by *Kernell (SB 2132 by *Harper) Sunset Laws - Department of education, June 30, 2011. - Amends TCA Title 4, Chapter 3 and Title 4, Chapter 29. - The Abstract summarizes HB1994 as introduced.

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26. *HB 2007 by *Kernell (SB 2134 by *Harper) Sunset Laws - State board of education, June 30, 2011. - Amends TCA Title 4, Chapter 29 and Title 49, Chapter 1. - The Abstract summarizes HB2007 as introduced.

27. *HB 2248 by *Ferguson, Odom, Overbey, Hardaway (SB 2191 by *Kyle, Burks, Woodson, Marrero B, Norris, Kurita) Elderly Persons - Revises what constitutes the offense of abusing, neglecting, or exploiting an adult; changes criminal classification from a Class A misdemeanor to a Class E felony. - Amends TCA Title 71, Chapter 6, Part 1. Summary: Under present law, it is a Class A misdemeanor for any person to willfully abuse, neglect, or exploit any adult who because of mental or physical dysfunctioning or advanced age is unable to manage such person's own resources, carry out the activities of daily living or protect himself from neglect, hazardous or abusive situations without assistance from others and who has no available, willing, and responsibly able person for assistance and who may be in need of protective services. This bill replaces the present law Class A misdemeanor for willful abuse, neglect, or exploitation of an adult with a Class E felony for knowingly, other than by accidental means, abusing, neglecting, or exploiting an adult.

28. *HB 2216 by *Ferguson, Hackworth, Winningham, Armstrong, Tindell, Litz, Yokley, Vaughn, McDonald (SB 2150 by *Kilby, Finney L) Transportation, Dept. of - Authorizes department to establish grant program to assist governmental entities to increase number of vehicles in their fleets that use alternative fuel; authorizes department of agriculture to provide research grants for converting Tennessee agricultural products into alternative fuel; specifies that refueling stations are eligible for grant funds to defray capital costs associated with biofuel tanks and pumps. - Amends TCA Title 54, Chapter 1; Title 55 and Title 67, Chapter 3. - The Abstract summarizes HB2216 as introduced.

29. HB 1998 by *Jones U (*SB 1945 by *Harper, Marrero B, Finney R.) Fines and Penalties - Increases maximum fine for making nonemergency 911 call from $50.00 to $500. - Amends TCA Section 7-86-316. Summary: ON MAY 7, 2007, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1945, AS AMENDED. AMENDMENT #1 rewrites this bill to create a new Class A misdemeanor criminal offense for aggravated nonemergency 911 calls. An aggravated nonemergency 911 call is a nonemergency 911 call where: (1) A single caller makes nonemergency 911 calls in an offensively repetitious manner; (2) The nonemergency 911 call creates a delay in the response to an emergency; or (3) The nonemergency 911 call results in harm to a person or property.

30. *HB 2249 by *Coleman, Odom (SB 2192 by *Kyle) Controlled Substances - Removes provision whereby controlled substance database information is available to TBI personnel actively engaged in analysis of controlled substances prescription information as a part of their assigned duties and responsibilities related directly to TennCare. - Amends TCA Title 53, Chapter 10, Part 3. - The Abstract summarizes HB2249 as introduced.