february 14, 2008 the research review€¦ · jamie wyatt, lead analyst state & local goverment...

22
february 14, 2008 THE RESEARCH REVIEW published by the Research Division of the Tennessee House of Representatives THE HOUSE RESEARCH DIVISION 320 6th AVE N. • RACHEL JACKSON BUILDING, 7th FLOOR • NASHVILLE, TN 37243 Members of the Finance, Ways & Means Committee will hear presentations on the proposed budget through the middle of March. Next week’s schedule includes the Board of Probation and Parole, TRA, TACIR, TRICOR, and the Departments of Agriculture, Commerce and Insurance, Tourist Development and Correction.

Upload: others

Post on 10-Jul-2020

2 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: february 14, 2008 THE RESEARCH REVIEW€¦ · Jamie Wyatt, lead analyst STATE & LOCAL GOVERMENT Lawrence Hall, Jr. TRANSPORTATION Jeremy L. Elrod PHOTOGRAPHY Jed DeKalb Phil Cicero

february 14, 2008

THE RESEARCH REVIEWpublished by the Research Division of the Tennessee House of Representatives

THE HOUSE RESEARCH DIVISION320 6th AVE N. • RACHEL JACKSON BUILDING, 7th FLOOR • NASHVILLE, TN 37243

Members of the Finance, Ways & Means Committee will hear presentations on theproposed budget through the middle of March. Next week’s schedule includes

the Board of Probation and Parole, TRA, TACIR, TRICOR, and the Departments ofAgriculture, Commerce and Insurance, Tourist Development and Correction.

Page 2: february 14, 2008 THE RESEARCH REVIEW€¦ · Jamie Wyatt, lead analyst STATE & LOCAL GOVERMENT Lawrence Hall, Jr. TRANSPORTATION Jeremy L. Elrod PHOTOGRAPHY Jed DeKalb Phil Cicero

tab

le o

f co

nte

nts03 | AGRICULTURE

04 | CHILDREN & FAMILY AFFAIRS

05 | COMMERCE

06 | CONSERVATION & ENVIRONMENT

08 | CONSUMER & EMPLOYEE AFFAIRS

09 | EDUCATION

11 | FINANCE, WAYS & MEANS

13 | GOVERNMENT OPERATIONS

14 | HEALTH & HUMAN RESOURCES

15 | JUDICIARY

17 | STATE & LOCAL GOVERNMENT

18 | TRANSPORTATION

DIRECTORDenise Sims

AGRICULTUREJeremy Maxwell

CHILDREN & FAMILY AFFAIRSAmelia Mitchell

COMMERCEMatt Barnes

CONSERVATION & ENVIRONMENTJeremy Maxwell

CONSUMER & EMPLOYEE AFFAIRSLucy Wilson

EDUCATIONPam Mason

FINANCE, WAYS & MEANSJulie Travis, lead analystPatrick Boggs

GOVERNMENT OPERATIONSKristina Ryan

HEALTH & HUMAN RESOURCESJudy Narramore

JUDICIARYJamie Wyatt, lead analyst

STATE & LOCAL GOVERMENTLawrence Hall, Jr.

TRANSPORTATIONJeremy L. Elrod

PHOTOGRAPHYJed DeKalbPhil CiceroTheresa Montogery

GRAPHIC DESIGN & LAYOUTJohn Newman

PRINTING SERVICESCapitol Print Shop

HOUSE RESEARCH DIVISION320 6th Avenue NorthRachel Jackson Building, 7th FloorNashville, TN 37243615.741.3025 -or-615.741.1100, ext. 44982

HOUSE RESEARCH DIVISION STAFF

Representative John Tidwell receives the Champion Awardfrom Ronnie Mangrum and Donna Riddle of CMT / ABATE forhis years of service to the organization. CMT / ABATE, theConcerned Motorcyclists of Tennessee - American BikersActive Toward Education, was represented by a number ofactive members observing Wednesday, February 13, 2008 as“Mike Hays’ Memorial Legislative Day.” Mike Hays was theLegislative Director of CMT / ABATE before his death in 2007.Several members along with Representative Tidwell, andRepresentative Judd Matheny (also shown), received awardsfor their support and sponsorships of bills promotingmotorcycle and safety-related legislation.

02

Page 3: february 14, 2008 THE RESEARCH REVIEW€¦ · Jamie Wyatt, lead analyst STATE & LOCAL GOVERMENT Lawrence Hall, Jr. TRANSPORTATION Jeremy L. Elrod PHOTOGRAPHY Jed DeKalb Phil Cicero

The Agriculture Committee met Tuesday to considerthree bills.

HB 3163 (Bibb) was referred to Finance, Ways andMeans. This bill exempts from state and local salesand use tax separately metered water sold by a utility

to a qualifiedfarmer ornurseryman whensuch water is useddirectly inproduction of foodor fiber for humanor animalconsumption or forgrowing ofhorticulturalproducts.

HB 2802 (Buck)was deferred twoweeks.

HB 3663(Niceley) wasdeferred oneweek.

agricultureJeremy Maxwell

Rep. Bibb

03

Page 4: february 14, 2008 THE RESEARCH REVIEW€¦ · Jamie Wyatt, lead analyst STATE & LOCAL GOVERMENT Lawrence Hall, Jr. TRANSPORTATION Jeremy L. Elrod PHOTOGRAPHY Jed DeKalb Phil Cicero

The Domestic Relations Subcommittee and thefull Children and Family Affairs Committee had nobills on notice and did not meet this week.

The Family Justice Subcommittee had five bills onnotice:

HB 2643 (Hardaway) failed in subcommittee.The bill grants the court discretionary authority torequire a person who fails to comply with a childsupport order to attend job training programs in lieu of,or in addition to, any penalties.

HB 3112 (DuBois) was rolled two weeks. Thisbill authorizes the court to award attorney’s fees andother costs, including court reporter expenses,investigator fees, expert witness fees, and depositioncosts incurred by either party in establishing maritalfault.

HB 3284 (Maddox) was rolled one week. Itestablishes guidelines on the appointment of anattorney ad litem and guardian ad litem in divorce andannulment cases.

HB 1262 (Lynn) was rolled one week. This billkeeps a child who is adjudicated delinquent for asexual offense that is a Class A, B, or C felony fromattending an elementary or secondary school withchildren who have not been adjudicated delinquent.

HB 3070 (McCord) was rolled one week. Itgrants the courts the authority to issue an orderdirecting DCS to allow visitation between a child instate custody and certain relatives.

children & family affairsAmelia Mitchell

04

Page 5: february 14, 2008 THE RESEARCH REVIEW€¦ · Jamie Wyatt, lead analyst STATE & LOCAL GOVERMENT Lawrence Hall, Jr. TRANSPORTATION Jeremy L. Elrod PHOTOGRAPHY Jed DeKalb Phil Cicero

The Commerce Committee met to hear one bill,HB 3274 (Cobb, C.). This bill requires auctioneerliens to be filed within 60 days after the auctioninstead of 30 days. [passed to Calendar and Rules]

Industrial Impact Subcommittee

The Industrial Impact Subcommittee metWednesday to consider eight bills. HBs 70 and 2751were taken off notice, and HB 2528 was rolled oneweek. HB 589 was rolled to the last calendar. Persubcommittee practice, HB 3105 was rolled one weekto consider a new amendment. The subcommitteewill resume mixed martial arts discussions next week(HB 2633).

HB 3658 (Borchert) exempts Mennonite schools inHenry County from building regulations that areenforced by the state fire marshal. Rep. Borchertsaid he promised the administration that he would notaccept any amendments to this bill. [passed to fullcommittee]

HB 3272 (Cobb, C.) revises the requirements forblasting within 100 feet of pipelines carrying liquidpetroleum. Present law requires notification of theresponsible utility company when conducting blastingoperations within 100 feet of pipelines distributingliquefied petroleum or natural gas. This bill extendssuch requirement to operations within 100 feet ofliquid petroleum pipelines and further requires that allmonitored blasting not exceed 2 inches per secondpeak particle velocity (present law requires suchblasting not exceed 4 inches per second peak particlevelocity). The subcommittee adopted an amendmentthat adds the word “particle” to the language of thebill since it was mistakenly omitted. [passed to fullcommittee as amended]

HB 3108 (Curtiss) directs the Commission onFirefighting Personnel Standards and Education tocreate grants so that volunteer firefighters may attendthe fire academy tuition-free. [passed to fullcommittee]

Utilities, Banking and Small BusinessSubcommittee

The Utilities, Banking and Small BusinessSubcommittee met Tuesday to hear one bill, HJR770 (Mumpower), which confirms Tre Hargett’sappointment to the Tennessee Regulatory Authority.[passed to full committee]

commerceMatt Barnes

05

Page 6: february 14, 2008 THE RESEARCH REVIEW€¦ · Jamie Wyatt, lead analyst STATE & LOCAL GOVERMENT Lawrence Hall, Jr. TRANSPORTATION Jeremy L. Elrod PHOTOGRAPHY Jed DeKalb Phil Cicero

Conservation and Environment Committee

The Conservation and Environment Committee metWednesday to consider three bills. They were allreferred to Finance, Ways and Means as amended.

HB 2669 (McDonald) enacts the “Drinking WaterAccess and Resources Planning Act of 2008”. It alsoestablishes a water management planning council ineach county, and authorizes counties to form a multi-county water management planning council. Requiressuch councils, by December 31, 2009, to developmaps showing existing service areas, un-served areasand underserved areas, and showing which publicwater systems should make economic water lineextensions to serve un-served and underserved areas.Plans should prioritize water improvement needswithin the areas. This bill establishes a dedicatedfund in the state treasury administered by the UtilityManagement Review Board and the Water andWastewater Financing Board to fund the constructionof these projects. The bill as amended requiresmembers of these water management planningcouncils serve with no pay.

HB 2670 (McDonald) authorizes TWRA to issuesport fishing and hunting licenses with a one-time feeof $10 to Tennessee residents who are 100 percentdisabled and receive social security disability. The$10 one-time fee is necessary to keep federal

drawdown money.

HB 348 (Buck)requires theminimum energyconservationstandards for anynew residentialbuildingconstruction on orafter January 1,2008, be the 2003InternationalEnergyConservationCode published bythe InternationalCode Council. Italso encourages

builders of new residential construction to voluntarilyutilize the 2006 International Conservation Codeenergy conservation standards for residentialconstruction. The provisions of this bill as amendedare not to be construed as mandating any higher levelof enforcement or inspection by local governmentthan that in place prior to the effective date of thisact.

Wildlife Subcommittee

The Wildlife Subcommittee met Tuesday to considerthree bills.

HB 3131 (Hawk) was referred to full committee asamended. It removes the prohibition on the use ofcable snare traps in any county located in the EasternGrand Division of Tennessee as defined in T.C.A. §4-1-202 and Dyer County. The bill as amendedremoves provisions regulating trapping and requiresthe Tennessee Wildlife Resources Commission topromulgate rules regulating trapping.

HB 2615 (Williams) was deferred two weeks.

HB 3339 (Matheny) was deferred three weeks.

Parks and Tourism Subcommittee

The Parks and Tourism Subcommittee met Tuesday toconsider one bill.

HJR 815 (Pitts) was referred to full committee. Thisjoint resolution confirms the appointment of DorothyN. Mann to the State Forestry Commission.

Environment Subcommittee

The Environment Subcommittee met Wednesday toconsider three bills.

HB 2810 (Fraley) was referred to full committee. Itauthorizes the General Assembly to appropriate up to$2,000,000 for one pilot project to provide water inrural Tennessee before the year 2010. The localgovernment grant recipient will be required to providematching funds in an amount of at least 25% of the

conservation & environmentJeremy Maxwell

Rep. Buck

06

Page 7: february 14, 2008 THE RESEARCH REVIEW€¦ · Jamie Wyatt, lead analyst STATE & LOCAL GOVERMENT Lawrence Hall, Jr. TRANSPORTATION Jeremy L. Elrod PHOTOGRAPHY Jed DeKalb Phil Cicero

grant total. Completion within five years will berequired for the approved project.

HB 3348 (McDonald) was deferred to April 2, 2008.

HB 2764 (Floyd) was deferred two weeks.

07

Page 8: february 14, 2008 THE RESEARCH REVIEW€¦ · Jamie Wyatt, lead analyst STATE & LOCAL GOVERMENT Lawrence Hall, Jr. TRANSPORTATION Jeremy L. Elrod PHOTOGRAPHY Jed DeKalb Phil Cicero

The House Consumer & Employee AffairsCommittee passed two bills.

HB 2527 by Turner M creates nine (9) investigatorpositions, 3 in each grand division of the state, toinvestigate employers allegedly hiring illegal aliens.These investigators will be in the Department ofLabor & Workforce Development. This bill passed toFinance, Ways & Means.

HB 2762 by Jones S makes technical changes tothe consumer credit files. When a credit reportingagency changes a TN consumer’s name, date of birth,federal social security number, or address on aconsumer report while there is a security freeze inplace, the agency must provide written confirmationof any such change not later than 30 days of thechange being posted to the consumer’s file.Presently, they cannot make these changes without 30days’ prior written notice. The bill passed to Calendarand Rules.

The Employee Affairs Subcommittee heard HB3124 by Montgomery. This bill expands theelevator safety board within the Department of Laborand Workforce Development to include regulation ofamusement devices. Amusement devices arecurrently regulated within the Department of

Commerce andInsurance.

The newly namedboard, TheElevator andAmusementDevice Boardwould beauthorized tocharge a permitfee. CountyClerks would nolonger have thisauthority.

The bill passed tofull committee.

consumer & employee affairsLucy Wilson

Rep. Montgomery

08

Page 9: february 14, 2008 THE RESEARCH REVIEW€¦ · Jamie Wyatt, lead analyst STATE & LOCAL GOVERMENT Lawrence Hall, Jr. TRANSPORTATION Jeremy L. Elrod PHOTOGRAPHY Jed DeKalb Phil Cicero

The Education Committee met on Wednesday toconsider its calendar. Action follows:

Referred to Calendar & Rules:HB 3252 – (Coley) directs the state board ofeducation to develop guidelines to assist LEA’s tofoster foreign language fluency for students in gradesseven through twelve.

Referred to Calendar & Rules, if amended:HB 2545 – (Brooks, H.) changes the authority ofdetermining the fitness of a teacher for reemploymentfrom the local board of education to the director ofschools. As amended, this action shall be inaccordance with board policy and any locallynegotiated agreement.

HB 2584 – (Coley) as amended, encourages LEA’sto seek free or reduced-cost eye examinations fromoptometrists or ophthalmologists and free or reduced-cost hearing examinations from physicians oraudiologists for children unable to afford such testing.

Referred to Finance, Ways & Means:HB 2972 – (Winningham) requires each director ofschools submit to the commissioner of education an

annual report of all non-certified personnel, part-timeor full-time, employed by the school system.

Higher Ed Subcommittee

The Higher EdSubcommittee met onWednesday. Actionfollows:

Referred to FullCommittee:HB 3317 –(Brown) changes theage of dependentchildren of prisonersof war, MIA’s, andsoldiers killed duringperiods of war andreceiving a tuitionwaiver, from 23 to21.

Deferred 1 week:HB 3483 –(Yokley)

Deferred 2 weeks:HB 2500 – (Odom)

Taken Off Notice:HB 3335 – (Coley)HB 3336 – (Coley)

K-12 Subcommittee

The Subcommittee met Tuesday with 12 bills on itscalendar. Only two (2) were considered. Actionfollows:

Referred to Full Committee:HB 2858 – (Winningham) allows LEA’s to performrandom drug tests on those students participating inextracurricular activities.

Deferred 1 week:HB 2919 – (West)HB 3739 – (Winningham)HB 2897 – (Winningham)HB 2974 – (Winningham)HB 2975 – (Winningham)HB 2775 – (Brooks, H)

educationPam Mason

Chairman Wimmingham, Rep. H. Brooks

Chairlady Brown

09

Page 10: february 14, 2008 THE RESEARCH REVIEW€¦ · Jamie Wyatt, lead analyst STATE & LOCAL GOVERMENT Lawrence Hall, Jr. TRANSPORTATION Jeremy L. Elrod PHOTOGRAPHY Jed DeKalb Phil Cicero

HB 3615 – (Maddox)HB 3511 – (Jones, U.)

Deferred 5 weeks:HB 2859 – (Winningham) prohibits localgovernments from using BEP funds to reduce localtaxes or local operating funds.

Taken Off Notice:HB 3416 – (Lollar)HB 3413 – (Harwell)

10

Page 11: february 14, 2008 THE RESEARCH REVIEW€¦ · Jamie Wyatt, lead analyst STATE & LOCAL GOVERMENT Lawrence Hall, Jr. TRANSPORTATION Jeremy L. Elrod PHOTOGRAPHY Jed DeKalb Phil Cicero

finance, ways & meansJulie Travis & Patrick Boggs

Finance, Ways & Means Committee:

This week, the Finance, Ways and Means Committeecontinued its program of budget hearings on thedepartments that constitute state government.

Tuesday, thecommittee heardfrom theconstitutionalofficers of stategovernment: theComptroller of theTreasury, theSecretary of State,and the StateTreasurer.Wednesday,another beneficialbudget hearingwas completed,with the AttorneyGeneral andReporter, theAdministrativeOffice of theCourts, the DistrictAttorneys General

Conference, the District Public DefendersConference, and the Post-Conviction DefendersOffice appearing. Scheduled to appear today after

session is thedirector of theDepartment ofHuman Services.

Bills Referred toCalendar & Rules:

HB 2341 (Lollar)– This bill extendsthe ability of theTennesseeIntercollegiateState Legislatureto carry forwardappropriated butunexpended fundsto June 30, 2012.

Budget Subcommittee

The Budget Subcommittee met Wednesday and hadtwelve bills to consider on its calendar. Chmn. Tindellexpressed that the policy of the subcommittee, asreflected in subcommittee actions below, is to allowbills that fund a road or highway sign for an individualwho is killed in the line of duty to be passed out whenconsidered and funded. Other road and highwaysigns are to be placed behind the budget, and will allbe placed on a special calendar within the behind thebudget framework.

Bills Referred to the Full Committee:

HB 3724 (Fitzhugh) – This bill simply cleans uplanguage and corrects typographical errors in lastyear’s bond bill.

HB 2901 (Odom) – This bill removes a one yearminimum on temporary driver’s licenses issued topersons who will be in the country for less than ayear. Such licenses would only be valid for the periodof time that the person will legally be in the country,and have to be surrendered when leaving the country.

HB 2535 (Pitts) – This bill names a bridge on S.R.374 (101st Airborne Division Pkwy.) at the intersectionof U.S. 79 (Wilma Rudolph Blvd.) as the GanderMemorial Bridge. Since the bridge was named aftera contingent of 248 soldiers from Ft. Campbell whodied in an airplane crash in the line of duty in 1985.

Bills Rolled One Week:

HB 132 (Bell)HB 761 (Matheny)

Bills Rolled Two Weeks:

HJR 553 (M. Turner)HB 1168 (Sontany)

Bills Placed Behind the Budget:

HB 2515 (Harmon) Placed on the special Behind theBudget Road Sign Calendar.

Rep. Lollar

Secretary of StateRiley Darnell

11

Page 12: february 14, 2008 THE RESEARCH REVIEW€¦ · Jamie Wyatt, lead analyst STATE & LOCAL GOVERMENT Lawrence Hall, Jr. TRANSPORTATION Jeremy L. Elrod PHOTOGRAPHY Jed DeKalb Phil Cicero

HB 2476 (Overbey) Chmn. Tindell requested that thisbe grouped Behind the Budget with Rep. Lundberg’sHB 2441, which is of a similar nature.HB 2479 (Overbey)HB 2560 (Swafford) Placed on the special Behind theBudget Road Sign Calendar.

Bills Taken Off-Notice:HB 178 (Harwell)

12

Page 13: february 14, 2008 THE RESEARCH REVIEW€¦ · Jamie Wyatt, lead analyst STATE & LOCAL GOVERMENT Lawrence Hall, Jr. TRANSPORTATION Jeremy L. Elrod PHOTOGRAPHY Jed DeKalb Phil Cicero

government operationsKristina Ryan

Government Operations

The House Government OperationsCommittee convened on Wednesday, February 13th toconsider fourteen bills on the calendar. The first twoitems on the calendar were in the committee forreview and referral purposes for other standingcommittees and the remaining twelve bills weresunset bills based on sunset hearings that wereconducted this past summer and fall. HB 2118 byRepresentative Tidwell was rolled for one week, HB2716 and HB 3581, both by Representative Kernell,were taken off notice.

HB 649 by Representative Mike Turner wasreviewed and referred to the State and LocalGovernment Committee with a positiverecommendation. This legislation requires the StateFire Marshal to develop guidelines regardingemergency vehicles having proper access to gatesystems that surround gated communities. Anamendment placed on the bill would require the FireMarshal to promulgate rules according to the UniformAdministrative Procedures Act instead of just creatingguidelines. In addition, the amendment changed theeffective date from July 1, 2007 to July 1, 2008.

The following sunset bills were approved bythe committee and sent to the Calendar and RulesCommittee:

HB 3591 by Kernell – Advisory Committeefor Children’s Special Services – re-authorized until June 30, 2014.

HB 2701 by Kernell – Terminates theInteragency Council and Advisory Panel onOsteoporosis:

HB 3222 by Kernell – TennesseeGovernor’s Council on Physical Fitness andHealth – re-authorized until June 30, 2014.

HB 3229 by Kernell – Tennessee Alliancefor Fitness and Health – re-authorized untilJune 30, 2012.

HB 3241 by Kernell – Institute for Labor-Management Studies – re-authorized untilJune 30, 2015.

HB 3530 by Kernell – State Board forAlarm Systems Contractors – re-authorizeduntil June 30, 2012.

HB 3534 by Kernell – Repeals theChickasaw Trail Economic DevelopmentAuthority on June 30, 2008.

HB 3559 by Kernell – Sam Davis MemorialAssociation – re-authorized until June 30,2014.

HB 3572 by Kernell – Board of LawExaminers – re-authorized until June 30, 2014.

HB 3575 by Kernell – Tennessee StateSchool Bond Authority – re-authorized untilJune 30, 2014.

13

Page 14: february 14, 2008 THE RESEARCH REVIEW€¦ · Jamie Wyatt, lead analyst STATE & LOCAL GOVERMENT Lawrence Hall, Jr. TRANSPORTATION Jeremy L. Elrod PHOTOGRAPHY Jed DeKalb Phil Cicero

health & human resourcesJudy Narramore

The Health & Human Resources Committee didnot have bills on notice and did not meet this week.

Professional Occupations Subcommittee

The Professional Occupations Subcommittee heldits first meeting of 2008 at 4:00 PM on Tuesday,February 12, 2008, with two bills on calendar. HB3275 (Maddox) failed for lack of a motion.Chairlady Favors rolled HB 3633 two weeks.

Health Care Facilities Subcommittee

The Health Care Facilities Subcommittee held itsfirst meeting of 2008 at noon on Wednesday, February

13, 2008, toconsider five bills,referring one (HB2729) to fullcommittee. HB2729 (Favors) asamended allowsan assisted careliving facility(ACLF) residentwho qualifies forhospice careunder Medicare toreceive hospiceservices andcontinue as aresident of theACLF so long asthe resident’sphysicianauthorizes the

hospice care. Rep. Lynn presented HB 2945 thatremoves the Joint Commission on Accreditation ofHealth Care Organizations from current law related tolicensing of a home medical equipment provider, andthen offered an amendment in committee to makefurther housekeeping name changes to existing law.Subsequently, HB 2945 was rolled one week forreview and typographical corrections to the proposedamendment. Rep. M. Turner requested to roll HB2572 and HB 2677 one week. Rep. Maggartrequested to roll HB 3138 two weeks.

Public Health & Family AssistanceSubcommittee

The Public Health & Family AssistanceSubcommittee held its first meeting of 2008 at 12:30PM on Wednesday, February 13, 2008, with three billson notice. HB 3672(Shepard) thatmakes changes to theMassage LicensureBoard was referredto full committee.After discussion andtestimony from theDepartment ofMH&DD and theExecutive Director ofNAMI on HB 1419(Harwell)concerning universalmental healthscreening withinformed parentalconsent, the bill wasrolled one week forreview andconsideration of threeamendments; two are attached to the bill as it passedthe Senate in 2007 and the third changes the bill’seffective date. Rep. Kelsey requested to roll HB2925 two weeks.

Rep. Harwell

s/c Chairman Overbey

14

Page 15: february 14, 2008 THE RESEARCH REVIEW€¦ · Jamie Wyatt, lead analyst STATE & LOCAL GOVERMENT Lawrence Hall, Jr. TRANSPORTATION Jeremy L. Elrod PHOTOGRAPHY Jed DeKalb Phil Cicero

judiciaryJamie Wyatt

The Full Judiciary Committee did not meetthis week. House bill 3134 by Rep. Fincher wasrolled one week.

Civil Practice & Procedure Subcommittee

The Civil Practice & Procedure Subcommittee met todiscuss nine bills this week. House bill 889 by Rep.McCord was rolled to the last calendar of the CivilPractice and Procedure Subcommittee. House bill3905 by Rep. H. Brooks was rolled to the JudiciarySummer Study Committee. House bill 3746 by Rep.Lundberg was approved for passage to the fullcommittee. This bill changes the period to respond toa garnishment from ten days to ten business days.

The following is a list of bills rolled 1 week:

HB 2222 by Rep. MaddoxHB 2797 by Rep. BuckHB 3031 by Rep. Hawk

Rolled 2 weeks:

HB 2954 by Rep. LynnHB 2558 by Rep. Hackworth

Rolled 3 weeks:

HB 758 by Rep. Matheny

Criminal Practice & Procedure Subcommittee

The Criminal Practice and ProcedureSubcommittee met to consider fourteen bills. Housebill 2598 by Chairman Coleman was rolled until March26th. House bill 2671 by Rep. Matheny was takenoff notice. House bills 3046 by Rep. Matheny and2843 by Rep. DuBois were placed on the March 19th

special calendar for gun legislation. Also, house bill2847 by Rep. DuBois will be heard March 12th on thespecial calendar for sex offender bills. House bill3696 by Rep. Lynn was re-referred to the CivilPractice Subcommittee.

The following is a list of bills that wereapproved for passage to the full committee:

• HB 583 byRep. DuBois,as amended,creates aClass Amisdemeanoroffense forany person toknowinglydeliver orconvey to apublicservant anywritten,electronic, orverbalcommunicationwhichcontains athreat ofdeath or toinflict serious bodily injury upon the publicservant or his immediate family if the threat isrelated to the public servant’s responsibilitiesand a reasonable person would believe theperson making the threat intends to carry itout. Public servant is defined as any publicofficer or employee of the state or anypolitical subdivision of the state or of anygovernmental instrumentality within the state.

• HB 2433 by Rep. McDonald, as amended,is a comprehensive bill setting uniformstandards in the buying and selling of scrapmetal to combat the growing problem of scrapmetal theft. It requires scrap metal dealers toregister with the Department of Commerceand Insurance. Violations are punished as aClass A misdemeanor.

• HB 3101 by Rep. Curtiss creates a Class Bmisdemeanor for criminal impersonation withthe intent to gain access to a person less thaneighteen years of age.

• HB 2861 by Rep. Floyd increases thepenalties for members of the TennesseeNational Guard for the commission of military

s/c Chairlady Sontany

15

Page 16: february 14, 2008 THE RESEARCH REVIEW€¦ · Jamie Wyatt, lead analyst STATE & LOCAL GOVERMENT Lawrence Hall, Jr. TRANSPORTATION Jeremy L. Elrod PHOTOGRAPHY Jed DeKalb Phil Cicero

type offenses such as absence without leave,missing movement, insubordination, etc.

Bills rolled 1 week:

HB 2420 by Rep. MooreHB 2599 by Rep. BassRolled 2 weeks:

House bill 2683 by Rep. Dunn

Rolled 3 weeks:

House bill 2860 by Rep. Floyd

16

Page 17: february 14, 2008 THE RESEARCH REVIEW€¦ · Jamie Wyatt, lead analyst STATE & LOCAL GOVERMENT Lawrence Hall, Jr. TRANSPORTATION Jeremy L. Elrod PHOTOGRAPHY Jed DeKalb Phil Cicero

state & local governmentLawrence Hall, Jr.

This week in State and Local Government’s fullcommittee, there were 14 bills on the calendar. Sevenbills were passed to Calendar and Rules and threewere sent to Finance, Ways and Means.

Calendar and Rules:

HB 2791 by Odom – This bill decreases the numberof seating for persons required for certain facilities tobe classified as premier type tourist resorts at whichthe serving of alcoholic beverages is allowed.

HB 3377 by Odom - This bill changes the qualifyingdeadline for the presidential preference primary fromthe second Thursday in December to the firstThursday in November.

HB 2452 by Swafford – Designates March 29th as“Vietnam Veterans Day,” a day of specialobservance.

HB 2845 by DuBois – Authorizes the sale of wineonly by Mt. Pleasant Grille.

HB 2428 by Moore – This bill permits electionofficials to receive free food and non-alcoholicbeverages at the polling place on election day fromany person under certain circumstances.

HB 2567 by Pitts – Recognizes September 17 as“United States Constitution Day.”

Finance, Ways and Means:

HB 2990 by Fraley – Names Winchester TennesseeNational Guard Armory in honor of Otis W. Bauer.

HB 3272 by Maddox – Authorizes counties usingthe County Financial Management System of 1981 tosell surplus property online.

HB 2567 by Pitts – This bill sets the maximumincome that disabled homeowners may have and stillqualify for property tax relief at $24,000 for the 2007tax year.

Rolled Bills:

HB 2614 by Fincher – 1 week

HB 1305 by West – 1 weekHB 1256 by Moore – 1 WeekHB 459 by Fitzhugh – 1 Week

State Government Subcommittee

This week in State Government subcommittee threebills were passed to full committee and all others wererolled to a later calendar.

HJR 773 by Curtiss – Names March 2008 as“Certified Government Financial Managers Month.”

HB 3730 by Fitzhugh – This bill changes date bywhich each entity of state government that is subjectto Title IX of the Education Amendments Act of 1972must submit its annual compliance report andimplementation plan update to the department of auditfrom “by June 30” to “by October 1.”

HB 3831 by Bone – Specifies the official flag of themilitary in Tennessee.

Rolled Bills:

HB 3115 by DuBois – 2 WeeksHB 3507 by U. Jones – 5 WeeksHB 3876 by U. Jones – 5 Weeks

Local Government Subcommittee

The Local Government subcommittee considered 19bills this week. The committee passed 8 bills to fullcommittee and the others were moved to latercalendars.

Full Committee:

HB 2565 by Fincher – This bill allows appointmentsto the Cookeville municipal planning commission to bemade by the city council instead of the mayor.

HB 3727 by Fitzhugh – This bill revises variousprovisions governing real and personal property taxexemptions such as provision for exemption forchurch parsonage and provision governing exemptionsfor federally assisted housing.

17

Page 18: february 14, 2008 THE RESEARCH REVIEW€¦ · Jamie Wyatt, lead analyst STATE & LOCAL GOVERMENT Lawrence Hall, Jr. TRANSPORTATION Jeremy L. Elrod PHOTOGRAPHY Jed DeKalb Phil Cicero

transportationJeremy L. Elrod

The HouseTransportationCommitteeconvenedFebruary 12, 2008to considertwenty-two bills.HB2848(DuBois) wasdeferred for twoweeks. Action onHB2836(Borchert),HB2627(Overbey), andHB2665 (West)was deferred forone week.

The following bills were referred to the Calendarand Rules Committee:

HB2549 (Sargent) – Increases the minimumamount of property damage liability insurancefor motor vehicle policies from $10,000 to$15,000 for proof required after December31, 2008.HJR780 (Matheny) – Designates May 2008as “Motorcycle Safety and AwarenessMonth.”HB2866 (Pinion) – Requires chiefadministrative officer of county highwaydepartment to designate interim successor, inwriting, who shall fulfill office upon death,resignation, or removal of chief executiveofficer until qualified successor chosen bylaw.

The following bills were referred to the Finance,Ways and Means Committee:

HB2445 (Litz) – As amended, “AnonymousCharitable Donor Underpass,” highway signson a segment of bridge spanning NorfolkSouthern Railroad on State Route 160 inHamblen County.

HB2984 (Litz) – As amended, “John PorterDavis Underpass” highway signs on St. PaulChurch Road under I-81 in Hamblen County.HB2458 (McDaniel) – “Guy Stokes and GuyStokes, Jr. Memorial Highway” highway signson a 4.21 mile segment of State Route 69 inDecatur County.HB2613 (J. Cobb) – “Trey Lefler MemorialHighway” highway signs on a segment ofU.S. Highway 11 in Loudon County.HB2885 (Bone) – “Trey Lefler MemorialHighway” highway signs on a segment ofU.S. Highway 11 in Loudon County.HB2837 (Borchert) – “Blake PaffordMemorial Road” highway signs on a segmentof SR 191 within Nathan Bedford ForrestState Park in Benton County.HB2900 (Dunn) – “Allan Gill MemorialHighway” highway signs on a segment ofState Route 131 (Emory Road) in KnoxCounty.HB2792 (Dean) – “Officer Julie JacksMemorial Highway” highway signs on asegment of Interstate 24 in City ofChattanooga.HB2722 (Fincher) – “Jerry A. JaredHighway” highway signs on a segment ofState Route 111 in Putnam County.

The following bills were passed by the committee andwill be placed in the Omnibus License Plate Bill:

HB2453 (Swafford) – As amended,authorizes National Rifle Association newspecialty earmarked license plates. The billallocates 50 percent of funds derived fromsale and renewal of such plates to TWRA forhunter education.HB2457 (McDaniel) – Authorizes issuanceof special license plates for certified membersof Tennessee State Guard.HB2459 (McDaniel) – Authorizes issuanceof special license plates for certified membersof U.S. Coast Guard Auxiliary.HB2616 (Williams) – Authorizes issuance ofa new specialty earmarked license plate forthe Appalachian Trail Conservancy.HB2573 (Overbey) – Authorizes issuance ofShare the Road new specialty license plate.

Chairman Pinion

18

Page 19: february 14, 2008 THE RESEARCH REVIEW€¦ · Jamie Wyatt, lead analyst STATE & LOCAL GOVERMENT Lawrence Hall, Jr. TRANSPORTATION Jeremy L. Elrod PHOTOGRAPHY Jed DeKalb Phil Cicero

The bill allocates 50 percent of proceedsproduced from sale thereof to the Jeff RothCycling Foundation.HB2749 (Dunn) – Authorizes issuance ofTennessee Urban Forestry Council newspecialty earmarked license plates. The billallocates 50 percent of the proceeds derivedfrom the sale of such plates to the TennesseeUrban Forestry Council.

Public Safety & Rural Roads Subcommittee

The Public Safety & Rural Roads Subcommitteemet February 12, 2008 to consider eight bills.HB2823 (Shepard) was deferred for three weeks.HB3164 (Bibb) and HB2653 (Hackworth) weredeferred for two weeks. HB3152 (J. Cobb) andHB2653 (Hackworth) were rolled for one week.

The following bills were referred to the fullTransportation Committee:

HB3290 (Maddox) – Reauthorizes “GoldStar Mothers” memorial license plate as“Gold Star Family” plate. The bill expandseligibility for such plates to persons, instead ofmothers, whose spouse, parent, sibling, orchild, instead of just child, died in the line ofduty in the U.S. armed forces.HB3386 (Lundberg) – Permits a motorvehicle owner who will be out of state duringhis or her annual registration plate renewalmonth to apply for and receive early renewal.HB2994 (Overbey) – Eliminates issuance ofM-limited licenses, which allow minorsbetween 14 and 16 to operate motor-drivencycles or motorized bicycles.HB3490 (Overbey) – Requires the date ofbirth on driver licenses be red and be thesame font size as the driver license number.An amendment was adopted change theeffective date to July 1, 2009.

Public Transportation & HighwaysSubcommittee

The Public Transportation & HighwaysSubcommittee met on February 12, 2008 to considereighteen bills. HB2794 (Harwell) was deferred twoweeks. HB3720 (Bell), HB3385 (Maggart) andHB3476 (Matlock) were rolled for one week.

The following bills were passed to the fullTransportation Committee:

HB3450 (Rinks) – “James (Wesley) FranksMemorial Bridge” highway signs on a bridgespanning Indian Creek on U.S. Highway 64 inHardin County.HB3066 (McCord) – Authorizes issuance ofAppalachian Bear Rescue new specialtyearmarked license plates. The bill allocates50 percent of funds derived from sale thereofto Appalachian Bear Rescue.HB3784 (Bone) – “Arlie and Charlie PassHighway” highway signs on a segment ofState Route 266 in Wilson County.HB3469 (J. Cobb) – Authorizes issuance ofnew specialty earmarked license plates forMitochondrial Disorder. The bill allocatesproceeds from sale of such license plates toMitochondrial Disease Association ofTennessee.HB3634 (Overbey) – Revises amount ofnew specialty license plate revenue that artscommission may award in grants prior todistribution to urban and rural artsorganizations from $393,600 to 50 percent ofrevenue collected for such plates.HB3491 (Overbey) – Revises name of“Women Veterans of America” plates to“Tennessee Woman Veteran” plates.HB3433 (H. Brooks) – “L.D. LindsayBridge” on a bridge spanning Interstate 640 inKnoxville.HB2505 (Mumpower) – “Emory ‘Cumbo’Sykes Interchange” signs at Exit 66 (StateRoute 126 / Memorial Boulevard) onInterstate 81 in Sullivan County.HB2506 (Mumpower) – “Private First ClassEugene H. Stepp Memorial Bridge” highwayssigns spanning Hatcher Creek on State Route44 in Hickory Tree community of SullivanCounty.HB2977 (Winningham) – “VeteransMemorial Highway” highway signs on U.S.Highway 127 in Pickett CountyHB2735 (Tidwell) – “Johnson E. DoyleMemorial Bridge” highways signs on a bridgespanning Cane Creek on State Route 438 inPerry County.HB2758 (Tidwell) – Extends time period forminimum issuance requirements for TroutUnlimited new specialty earmarked licenseplates until July 1, 2009.

19

Page 20: february 14, 2008 THE RESEARCH REVIEW€¦ · Jamie Wyatt, lead analyst STATE & LOCAL GOVERMENT Lawrence Hall, Jr. TRANSPORTATION Jeremy L. Elrod PHOTOGRAPHY Jed DeKalb Phil Cicero

HB3169 (Tidwell) – “Esquire Fred AshleyHowell and Tilda Hildren Culp HowellMemorial Bridge” highways signs on a bridgespanning Cedar Creek on State Route 128 inPerry County.HB2684 (Dunn) – Designates all ofproposed State Route 475, KnoxvilleParkway, in Knox, Anderson and Loudoncounties as a scenic highway.

20

Page 21: february 14, 2008 THE RESEARCH REVIEW€¦ · Jamie Wyatt, lead analyst STATE & LOCAL GOVERMENT Lawrence Hall, Jr. TRANSPORTATION Jeremy L. Elrod PHOTOGRAPHY Jed DeKalb Phil Cicero

The devastating storms that swept across Tennessee last week left state and federal officialsfacing a massive recovery effort. Here, Governor Phil Bredesen surveys the damages sufferedin the Jackson area with District 73 Representative Jimmy Eldridge, former Representative andnow Economic and Community Development Commissioner Matt Kisber, and District 80Representative Johnny Shaw. The Federal Emergency Management Agency (FEMA) has nowdeclared thirteen Tennessee counties are eligible for disaster assistance.

Remembering the devastation...Facing the recovery...

21

Page 22: february 14, 2008 THE RESEARCH REVIEW€¦ · Jamie Wyatt, lead analyst STATE & LOCAL GOVERMENT Lawrence Hall, Jr. TRANSPORTATION Jeremy L. Elrod PHOTOGRAPHY Jed DeKalb Phil Cicero

THE RESEARCH REVIEW(may be accessed online at)www.legislature.tn.us

>> click on HOUSE, click on OTHER PUBLICATIONS <<

{ about photos }Photographs for THE RESEARCH REVIEW are provided by the staff of Tennessee

Photographic Services. For copies of photographs selected for use in this publica-tion, or for other photos taken during committee meetings or events, go to:

www.tnphotoservices.com

A simple registration allows access to the website, where pictures may be viewedonline. Order forms are available on the website for print.

For additional information, please contact TENNESSEE PHOTOGRAPHIC SERVICES,a division of the Department of General Services, at 615-741-5487.