Legislative Activity for Week of April 2, 2012
Senate Activity
FINANCE WAYS AND MEANS COMMITTEE
Tuesday, April 3, 2012 – 8:30 AM - LP 12
Administration Budget Amendment
Presentation by
Commissioner Emkes
SB3106 by *Norris (HB3722 by *McCormick, *Sargent) -
Status
As introduced, requires that a seller and certified service provider engage in at least two sales transactions, instead of one, in order to constitute a recurring business relationship for purposes of exempting them from renewing blanket sales and use tax exemption certificates. - Amends TCA Title 7 and Title 67.
SB3174 by *Bell (*HB3322 by *Watson, *Brooks K.) -
Status
As introduced, requires the commissioner of economic and community development and the commissioner of revenue to study and report to the general assembly the effect of tax incentives on economic development in cities and counties; report to cover past five years; report due September 15, 2012. - Amends TCA Title 67. This is economic development bill which completes funding for Olin Corporation project.
SB2249 by *Norris, *Bell (*HB2387 by *McCormick, *Brooks K.) -
Status
As introduced, decreases the size of the board of directors for the Duck River Development Agency from 17 to 12; authorizes the commissioner of environment and conservation to appoint an executive director to carry out the purposes of the Tennessee Heritage Conservation Trust Fund Act of 2005; revises other various provisions governing the structure of certain state agencies, committees, boards and commissions. - Amends TCA Title 4; Title 11; Title 16; Title 37; Title 38; Title 41; Title 49; Title 60; Title 62; Title 63; Title 64; Title 68; Title 69 and Title 71.
SB3296 by *McNally (*HB3520 by *Hawk, *Haynes, *Sargent, *Niceley) -
Status
As introduced, revises provisions governing the valuation and ad valorem assessment of green energy production property. - Amends TCA Section 67-5-601 and Section 67-5-604.
SB2234 by *Norris, *Overbey (*HB2372 by *McCormick) -
Status
As introduced, redefines "intangible expense" under the Excise Tax Law; revises other various tax provisions. - Amends TCA Title 67.
TAX SUBCOMMITTEE OF FWM COMMITTEE
Tuesday, April 3, 2012 – Following FWM - LP 12
SB3302 by *Barnes (*HB3181 by *Stewart) -
Status
As introduced, defines "mineral interest" for purposes of a back assessment or reassessment of property taxes against a mineral interest owner. - Amends TCA Title 67. This is a caption bill.
SB3313 by *Johnson (*HB3389 by *Harrison) -
Status
Taxes - As introduced, allows an industrial machinery tax credit against franchise and excise taxes for certain forms of business entities that establish a qualified headquarters facility. - Amends TCA Title 67, Chapter 4.
SB2917 by *Overbey (HB3395 by *Matheny) -
Status
As introduced, authorizes a 20 percent tax credit for a qualified purchaser of solar panels and related solar energy technology to be installed in a residence or business; allows the credit to be applied against sales and use taxes and franchise and excise taxes. - Amends TCA Title 67.
STATE AND LOCAL GOVERNMENT COMMITTEE
Tuesday, April 3, 2012 – 10:30 AM - LP 12
Wednesday, April 4, 2012 – 3:00 PM – LP 12 (if needed)
SB2762 by *Kyle (*HB2908 by *Gilmore) -
Status
As introduced, repeals the "Equal Access to Intrastate Commerce Act." - Amends TCA Section 4-21-102 and Title 7, Chapter 51.
SB3681 by *Kyle (*HB3677 by *Towns) –
Status
As introduced, prohibits truck stops within one mile where surface or ground water is located; applies only in Davidson and Shelby counties. - Amends TCA Title 13, Chapter 24.
SB3237 by *Tate (HB3475 by *Armstrong) -
Status
As introduced, requires that for the purpose of ad valorem property taxation, the value of certain facilities that extract, purify, dehydrate, or otherwise treat landfill methane be assessed at the same percentage as a qualified pollution control facility. - Amends TCA Title 65, Chapter 28, Part 2 and Title 67, Chapter 5, Part 6.
JUDICIARY COMMITTEE
Tuesday, April 3, 2012 – 3:00 PM - LP 12
Wednesday, April 4, 2012 – 1:00 PM – LP 12 (if needed)
SB3101 by *Norris, *Ketron (HB3717 by *McCormick, *Elam) -
Status
As introduced, provides that the damages that may be awarded in a health care liability action in which liability is admitted or established, are subject to the "Tennessee Civil Justice Reform Act of 2011." - Amends TCA Section 7-57-502; Section 8-42-101; Section 8-21-401; Section 9-8-307; Section 10-7-504; Section 28-3-104; Section 29-26-118; Section 29-26-119; Section 29-26-120; Section 29-26-121; Section 29-26-122; Section 29-26-202; Section 29-20-310; Section 29-26-115; Section 29-26-116; Section 29-26-117; Section 37-5-314; Section 56-3-111; Section 56-30-115; Section 56-31-114; Section 56-32-110; Section 56-32-130; Section 56-54-101; Section 56-54-102; Section 56-54-103; Section 56-54-104; Section 56-54-105; Section 56-54-106; Section 56-7-1001; Section 56-7-101; Section 56-7-115; Section 56-8-104; Section 56-13-104; Section 56-19-125; Section 56-2-201; Section 56-27-115; Section 61-1-306; Section 62-3-121; Section 63-25-110; Section 63-27-112; Section 63-3-119; Section 63-30-111; Section 63-31-109; Section 63-4-114; Section 63-5-124; Section 63-51-105; Section 63-51-111; Section 63-51-117; Section 63-6-214; Section 63-6-219; Section 63-6-221; Section 63-6-234; Section 63-8-120; Section 63-9-111; Section 63-9-117; Section 63-11-215; Section 63-12-124; Section 63-13-209; Section 63-23-108; Section 68-140-311; Section 68-140-511 and Section 68-11-223.
SB3631 by *Roberts (*HB3097 by *Carr) -
Status
As introduced, revises certain criminal provisions to include certain disruptive and illegal conduct involving unions and employee organizations. - Amends TCA Title 39, Chapter 12; Title 39, Chapter 14; Title 39, Chapter 16 and Title 39, Chapter 17.
SJR0693 by *Beavers -
Status
As introduced, proposes an amendment to Article VI, Section 5 to provide for selection of the state attorney general by means of gubernatorial appointment with legislative confirmation; and provides for a four-year term of office.
GOVERNMENT OPERATIONS COMMITTEE
Wednesday, April 4, 2012 – 10:00 AM - LP 12
SB1643 by *Watson, *Bell (*HB1893 by *Johnson C, et al.) -
Status
As introduced, requires agencies filing rules with the secretary of state provide a cost-benefit analysis on state and local governments of such rules. - Amends TCA Title 4, Chapter 5, Part 2
SB0233 by *Watson (HB0651 by *Cobb , *Rich, *Shipley) -
Status
Administrative Procedure (UAPA) - As introduced, increases from five to 10 the number of persons required to petition agency for adoption or repeal of regulation. - Amends TCA Title 4.
SB2463 by *Bell (*HB2575 by *Cobb) -
Status
As introduced, continues permanent rules filed with secretary of state after January 1, 2011.
HOUSE ACTIVITY
JUDICIARY COMMITTEE
Tuesday, April 3, 2012 - HHR16 - 10:30 AM
HB 1576 by *Carr (SB 1566 by *Ketron) -
Status
As introduced, describes the procedure by which counties, cities and towns may take property by eminent domain. - Amends TCA Title 7, Chapter 31; Title 13, Chapter 20; Title 29, Chapter 17 and Title 29, Chapter 16.
HB 2983 by *Dennis (*SB 2719 by *Kelsey) -
Status
As introduced, codifies the liability of a landowner to a trespasser. - Amends TCA Title 29.
STATE & LOCAL GOVERNMENT COMMITTEE
Tuesday, April 3, 2012 - HHR16 - 01:30 PM
HB 2385 by *McCormick, Marsh (SB 2247 by *Norris, Faulk) -
Status
As introduced, changes the membership of the authority to be five part-time directors instead of four full-time directors; sets the salaries of such directors; revises other provisions regarding the Authority. - Amends TCA Title 65. This is Administration bill.
HB3281 by *Maggart (SB3645 by *Watson, *Ramsey, *Ketron) -
Status
As introduced, removes prohibition on insurance companies making campaign contributions; removes PAC aggregate limitation on candidates; deletes report requirement on certain large contributions made within 10 days of election. - Amends TCA Title 2, Chapter 10 and Title 56, Chapter 3.
HB3778 by *McCormick (*SB3759 by *Norris) -
Status
As introduced, requires 10, instead of five, people having an interest in a rule to petition an agency requesting the adoption, amendment or repeal of such rule. - Amends TCA Title 4.
FINANCE, WAYS & MEANS COMMITTEE
Tuesday, April 3, 2012 - HHR16 - 03:00 PM
Administration Budget Amendment
Presentation by
Commissioner Emkes
HB 2384 by *McCormick, Dunn (SB 2246 by *Norris, Johnson) -
Status
As introduced, enacts the Tennessee Excellence, Accountability, and Management (T.E.A.M.) Act of 2012. - Amends TCA Title 8. The Chamber SUPPORTS this bill. It is part of the Administration’s package.
HB 2387 by *McCormick, Brooks K (SB 2249 by *Norris, Bell) -
Status
As introduced, decreases the size of the board of directors for the Duck River Development Agency from 17 to 12; authorizes the commissioner of environment and conservation to appoint an executive director to carry out the purposes of the Tennessee Heritage Conservation Trust Fund Act of 2005; revises other various provisions governing the structure of certain state agencies, committees, boards and commissions. - Amends TCA Title 4; Title 11; Title 16; Title 37; Title 38; Title 41; Title 49; Title 60; Title 62; Title 63; Title 64; Title 68; Title 69 and Title 71. The Chamber SUPPORTS this bill. It is part of the Administration’s package.
HB 3761 by *McCormick, Alexander (*SB 3763 by *Norris, Crowe, Ketron) -
Status
As introduced, reduces the state sales tax on food and food ingredients from 5.5 percent to 5.3 percent; requires that the local option sales tax, which under existing law can be in an amount of up to 2.75 percent, be at a rate that is a multiple of 0.25 percent. - Amends TCA Title 67, Chapter 6. The Chamber SUPPORTS this bill. It is part of the Administration’s package.
HB3760 by *McCormick, et al. (*SB3762 by *Norris, *Crowe, *Ketron, *Yager) -
Status
As introduced, increases the maximum allowable exemption from $1 million to $1.25 million. - Amends TCA Title 67, Chapter 8. This is Administration bill.
C&EA SUBCOMMITTEE
Wednesday April 4, 2012 - HHR31 - 11:30 AM
HB 2808 by *Dennis (SB 2923 by *Overbey) -
Status
As introduced, clarifies that either party in a worker's compensation dispute may bring suit in the county in which the employee resided at the time of the injury, revising current law's requirement that it be the county where the employee resides, when issues remain after the benefit review conference. - Amends TCA Title 50.
HB3372 by *White (SB3315 by *Johnson) -
Status
As introduced, extends time period for advisory council on workers' compensation to provide specified information to the general assembly from 10 days to 14 days. - Amends TCA Title 29; Title 50, Chapter 6 and Title 56. This bill is a Chamber caption bill and will be amended.
HB3097 by *Carr (SB3631 by *Roberts) -
Status
As introduced, revises certain criminal provisions to include certain disruptive and illegal conduct involving unions and employee organizations. - Amends TCA Title 39, Chapter 12; Title 39, Chapter 14; Title 39, Chapter 16 and Title 39, Chapter 17. This is a U.S. Chamber bill.
HB3620 by *Holt (SB3460 by *Gresham) -
Status
As introduced, creates a new misdemeanor offense for a person who applies for employment with the intent to cause economic damage to the employer by recording on the premises of the employer and releasing such recordings to a third party. - Amends TCA Title 39; Title 40 and Title 50.
HB3430 by *Matlock (SB3657 by *Johnson, *Ramsey, *Watson, *Ketron) -
Status
As introduced, allows employer to qualify as "seasonal employer" for purposes of unemployment insurance benefits. - Amends TCA Title 50, Chapter 7. The Chamber SUPPORTS this bill as amended.
HB0112 by *Hardaway (SB2053 by *Ford) -
Status
As introduced, requires protective devices in shopping carts equipped with child seats; establishes that the failure to comply with such requirement violates the Tennessee Consumer Protection Act. - Amends TCA Title 47, Chapter 18. The Chamber OPPOSES this bill.
HB0116 by *Hardaway (SB0094 by *Marrero) -
Status
As introduced, requires any gift card or prepaid card issued as payment of a rebate to contain an expiration date conspicuously printed on the card. - Amends TCA Title 47, Chapter 18, Part 1. The Chamber OPPOSES this bill.
HB3660 by *McCormick, *Miller D. (*SB3451 by *Southerland) -
Status
As introduced, requires employers to permit employees to carry firearms in their locked motor vehicles when parking in a parking area that is open to the public generally and confers immunity upon the employer for damages arising out of occurrence with a stored firearm. - Amends TCA Title 39, Chapter 17, Part 13.
HB3479 by *Evans (*SB2941 by *Campfield) -
Status
As introduced, permits employees with valid handgun carry permits to store firearm in employer's public access parking lot provided it is in a locked vehicle and in a glove box or compartment not visible from outside the vehicle; provides employers with ability to prohibit firearms in employer parking lots in some circumstances. - Amends TCA Title 39, Chapter 17, Part 13. The Chamber OPPOSES this bill.
HB3559 by *Bass, *Evans, et al. (*SB2992 by *Faulk) -
Status
As introduced, prohibits employment discrimination based on an applicant or current employee's ownership, storage, transportation or possession of a firearm that is otherwise in accordance with state and federal law. - Amends TCA Title 39; Title 40 and Title 50. The Chamber OPPOSES this bill.
HB3560 by *Bass, *Evans, et al. (*SB3002 by *Faulk) -
Status
As introduced, prevents employers and landowners from prohibiting individuals licensed to carry from storing guns in locked, personal vehicles. - Amends TCA Title 39 and Title 40. The Chamber OPPOSES this bill.
FINANCE SUBCOMITTEE
Wednesday, April 4, 2012 - HHR29 - 11:30 AM
HB3835 by *McCormick (SB3768 by *Norris) –
Status
As introduced, makes appropriations for fiscal years beginning July 1, 2011, and July 1, 2012.
HB 3520 by *Hawk, Haynes, Sargent, Niceley (SB 3296 by *McNally) -
Status
As introduced, revises provisions governing the valuation and ad valorem assessment of green energy production property. - Amends TCA Section 67-5-601 and Section 67-5-604.
HB 3429 by *Matlock (SB 3659 by *Johnson, Ramsey, Watson, Ketron) -
Status
As introduced, requires department of labor and workforce development to implement an Internet-based system that allows employers to receive notices electronically and to submit separation information electronically; requires more information be included on unemployment insurance tax statement at request of employer. - Amends TCA Title 4, Chapter 3, Part 14 and Title 50, Chapter 7. The Chamber SUPPORTS this bill.
HB 3431 by *Matlock (SB 3658 by *Johnson, Ramsey, Watson, Ketron) -
Status
As introduced, enacts the "Unemployment Insurance Accountability Act of 2012." - Amends TCA Title 50. The Chamber SUPPORTS this bill.
HB3322 by *Watson, *Brooks K. (SB3174 by *Bell) -
Status
As introduced, requires the commissioner of economic and community development and the commissioner of revenue to study and report to the general assembly the effect of tax incentives on economic development in cities and counties; report to cover past five years; report due September 15, 2012. - Amends TCA Title 67. This is economic development bill which completes funding for Olin Corporation project.
HJR 0753 by *Lundberg -
Status
As introduced, proposes an amendment to Article VI, Section 3 in order to constitutionally enshrine a system for selection of each appellate court judge by means of merit-based gubernatorial appointment with legislative confirmation and, thereafter, contingent upon a satisfactory job performance evaluation, retention election by the voters of the state. The Chamber SUPPORTS this bill.
HB3395 by *Matheny (*SB2917 by *Overbey) -
Status
As introduced, authorizes a 20 percent tax credit for a qualified purchaser of solar panels and related solar energy technology to be installed in a residence or business; allows the credit to be applied against sales and use taxes and franchise and excise taxes. - Amends TCA Title 67.
HB2372 by *McCormick (SB2234 by *Norris, *Overbey) –
Status
As introduced, redefines "intangible expense" under the Excise Tax Law; revises other various tax provisions. - Amends TCA Title 67. This is Administration bill and the Chamber SUPPORTS this bill as it is to be amended.
HB3722 by *McCormick, *Sargent (*SB3106 by *Norris) -
Status
As introduced, requires that a seller and certified service provider engage in at least two sales transactions, instead of one, in order to constitute a recurring business relationship for purposes of exempting them from renewing blanket sales and use tax exemption certificates. - Amends TCA Title 7 and Title 67.
CONSERVATION & ENVIRONMENT COMMITTEE
Wednesday, April 4, 2012 – HHR31 - 12:30 PM
HB 3475 by *Armstrong (*SB 3237 by *Tate) -
Status
As introduced, requires that for the purpose of ad valorem property taxation, the value of certain facilities that extract, purify, dehydrate, or otherwise treat landfill methane be assessed at the same percentage as a qualified pollution control facility. - Amends TCA Title 65, Chapter 28, Part 2 and Title 67, Chapter 5, Part 6.
HB 3292 by *Wirgau, Tidwell, Dennis (SB 3351 by *Ketron) -
Status
As introduced, requires that aluminum dross be disposed of in Benton County only in Class I landfills, prohibits increasing classification of existing landfills located within municipal boundaries in Benton County to Class I, requires local approval of increases in classification in counties and municipalities. - Amends TCA Title 68. The Chamber OPPOSES this bill. The Chamber is working with sponsors to amend this bill to better address the sponsor’s objective.
HB 3689 by *Hawk (*SB 3653 by *Southerland, Ramsey, Ketron) -
Status
As introduced, requires commissioner to establish management systems to achieve goal of issuing permits within 90 days of submission; requires commissioner to prepare efficiency reports; requires notification to applicant within 30 business days if application is incomplete. - Amends TCA Title 4, Chapter 3, Part 5 and Title 68.
HB 3765 by *Hill (*SB 3549 by *Crowe) -
Status
As introduced, authorizes the air pollution control board to issue TDEC commissioner authority to grant variances for certain open burnings and emissions testing requirements. - Amends TCA Section 68-201-118.
GOVERNMENT OPERATIONS COMMITTEE
Wednesday, April 4, 2012 - HHR30 - 03:00 PM
HB 3246 by *Matheny, Dean (*SB 2895 by *Tracy) -
Status
As introduced, increases from three years to four years the amount of time a scrap metal dealer must maintain records of scrap metal transactions on site and available for inspection. - Amends TCA Title 62.
HB2575 by *Cobb (SB2463 by *Bell) -
Status
As introduced, continues permanent rules filed with secretary of state after January 1, 2011.
JUDICIARY COMMITTEE
Wednesday, April 4, 2012 – HHR30 - 3:30 PM
HB2810 by *Dennis (*SB2141 by *Kelsey) -
Status
As introduced, provides that doctrine of joint and several liability does not apply in civil actions governed by comparative fault except for applicable cases involving the family purpose doctrine. - Amends TCA Title 20, Chapter 6, Part 1 and Title 29, Chapter 11, Part 1.