||Requires the escrow account used when a percentage of a real property improvement contract price is held back by the owner or contractor to be interest-bearing; places limits on the withholding of retainage for construction contracts.
||Food and Food Products
||Authorizes the sale of non-potentially hazardous foods prepared in home-based kitchens to be sold at farmers' markets.
||Authorizes the issuance of a special occasion license to a nonprofit historical society in Grundy County for the purpose of serving, at an annual festival held by the society, complimentary samples of homemade wine manufactured in the Swiss tradition by members of the society; exempts special occasion permit holders from certain regulations of the sale, transport, and distribution of alcoholic beverages.
||Requires that a reasonable effort be made to ensure that the immediate blasting area where a reportable accident occurs remains undisturbed until the department of commerce and insurance completes its initial investigation.
||Requires notary public to report name change to county clerk and pay fee currently required for moving residence or principal place of business.
||Enacts the "Local Government Instances of Fraud Reporting Act."
||Specifies that local government joint venture entities are required to report their revenue and expenses to the comptroller instead of requiring the local government entities that create the joint venture entity to make such reports.
||Revises experience requirements for persons eligible to be employed as surgical technologists.
||Broadens the offense of indecent exposure to include a person confined to a penal institution who exposes his or her genitals or buttocks or engages in sexual conduct for the purpose of harassing a correctional officer or guard.
||Specifies circumstance in which a person has no duty to retreat before threatening or using force in self defense; extends circumstances under which there is a legal presumption that a person using deadly force in self defense had a reasonable belief of death; confers civil immunity upon person properly using self defense.
||Removes requirement that notice to the district attorney general and alleged offender of a claim filed with the criminal injuries compensation fund be in writing and accompanied with copies of such material as is included in the claim or in support thereof; removes provision for payment from fund for state residents who were victims of terrorist act or mass violence outside this country.
||Exempts from Open Meetings Act student disciplinary hearings conducted by school board after appeal by student, principal, principal-teacher, or assistant principal of decision of disciplinary hearing authority unless student or student's parent or guardian requests in writing an open hearing; prohibits the board's conducting any other business, discussing any other subject, or taking a vote on any other matter at such a hearing.
||Requires department of education to develop alternate methods whereby adult students at adult high schools may satisfy any requirement that such students have a minimum number of contact hours to earn credit for a course.
||Creates new offense of knowingly leaving child under seven in motor vehicle without supervision on any premises generally frequented by the public; punishable by permissible safety training and as a Class B misdemeanor with a $200 fine only for first offense and a $500 fine only for second or subsequent offense.
||Professions and Occupations
||Specifies that a person who holds a master's degree in engineering from an approved institution, has a record of at least four years progressive experience on engineering projects, and has obtained certification as an engineer intern is qualified for registration as an engineer.
||Increases the punishment for the offense of being present as a spectator at a dog fight from a Class C misdemeanor to a Class B misdemeanor.
||Specifies that certain civil service employees who are assigned to work in a position of higher level classification are entitled to receive higher compensation by removing limitation that such compensation is subject to budgetary limitations.
||Utilities, Utility Districts
||Requires persons excavating within 100 feet of a street or highway to give notice to appropriate utilities; precludes excavator liability for damage to facilities if the utility operator fails to locate its facilities within three working days of receiving notice and the excavator does not observe clear evidence of unmarked facilities; creates a general DIG certificate to be issued for agricultural land within 100 feet of a street or highway when no utilities are located within the area.
||Plumbers and Plumbing
||Establishes a person's qualification to take the Tennessee Mechanical Plumbing (CMC-A) License as having three years' experience as a plumber prior to taking the exam or having an engineering degree in plumbing or in a mechanical field.
||Prohibits the use in this state of a federal individual taxpayer identification number as a form of identification to prove immigration status for purposes of an application of offer of employment.
||East Tennessee community service agency, June 30, 2011.
||Terminates the Knox County community service agency; removes authority to establish a community service agency in Knoxville and Knox County.
||Terminates the Hamilton County community service agency; removes authority to establish a community service agency serving Chattanooga and Hamilton County.
||Establishes requirements for audits by pharmacy benefits managers of pharmacies or pharmacists, for appeals of unfavorable preliminary audits, and for the calculation of reimbursement by a pharmacy benefits manager under a contract to a pharmacist or pharmacy.
||DNA and Genetic Testing
||Enacts the "Johnia Berry Act of 2007."
||Requires a separate license to be issued for each emergency service provider base of operations in a county, and removes the prohibition against transferring the authorizations for vehicles operated by emergency services providers; makes ambulance services licensed but operating in multiple jurisdictions eligible to obtain licenses for those identified counties of operation by remitting appropriate service application.
||Aircraft and Airports
||Increases from two to three number of members of Tennessee aeronautics commission necessary to constitute quorum and specifically applies a prohibition against using land as a heliport in a tourist resort county within nine miles of the boundary of the Great Smoky Mountains National Park to premier type tourist resorts located in a tourist resort county.
||Insurance Companies, Agents, Brokers, Policies
||Revises requirements for persons applying for an insurance producer license.
||Abolishes the Sports Festival, Inc., board of directors.
||Abolishes Sports Festival, Inc.
||Requires the collection and maintenance of specified records regarding drilling for blasting operations; adds requirements for air blasting; requires blasting firms to offer a pre-blast survey at no charge to the owners or occupants of specified structures when the standard table of distance is exceeded; revises registration requirements for blasting and age limits for registration; requires independent limited blasters to maintain liability insurance; and makes numerous technical changes regarding explosives and blasting.
||Mobile Homes and Manufactured Buildings
||Authorizes commissioner of commerce and insurance to levy penalties, including civil penalty up to $5,000 per violation, for violations of requirements for modular buildings; specifies that ready-removables are not modular building units for regulatory purposes; makes other technical changes relative to modular buildings.
||Removes requirement that state agrees to reimburse third party payor for medical services for reasonable costs incurred in conducting search of database for name of TennCare enrollee; increases period during which recipient of medical assistance for poor cannot transfer property to make recipient eligible for such assistance from three years to five years.
||Increases allocation of revenue from litigation tax to criminal injuries compensation fund from 15.8471 percent to 24.0020 percent and reduces allocation to general fund from 40.3051 percent to 32.1502 percent effective August 1, 2007.
||Highways, Roads and Bridges
||Adds a class of motor vehicles, truck tractor and semitrailer or trailer combinations with loads comprising motor vehicle parts to those for which the maximum length allowed on federal and state highway systems may be increased from 50 to 52 feet.
||Attorneys at Law
||Removes the minimum population requirement for regional bar associations to bring legal action to stop unauthorized practice of law.
||Directs the Tennessee commission on fire fighting personnel standards and education to approve all fire services curricula offered through the Tennessee fire services and codes enforcement academy.
||Provides guidance to the department of education for the review of the lifetime wellness curriculum and encourages LEAs to post signs on school grounds prohibiting driving a motor vehicle in excess of 10 m.p.h.
||Bail, Bail Bonds
||Specifies effects of disposition of criminal case on duration of bond.
||Clarifies that only disabled drivers, disabled passengers, and qualified operators acting under express direction of such disabled persons who are present as passengers are allowed to use disabled parking spaces.
||Uniform Commercial Code
||Applies the inferred fraudulent intent standard from the criminal provisions relating to use of worthless checks to the civil provisions governing bad checks.
||Prohibits the transportation of illegal aliens into the state for the purpose of commercial advantage or private financial gain, imposes a fine of $1,000 for such violation, and requires that money received from such fines go to the arresting agency or agencies.
||Requires public water systems under the jurisdiction of the water and wastewater board and public water systems operated by utility districts to include in their annual audits the annual average unaccounted for water loss; establishes various procedures relating to reporting and monitoring unaccounted for water loss; adds grounds for initiating a contested case hearing on whether a member or members of the board of commissioners of a utility district under the jurisdiction of the utility management review board should be replaced.
||Specifies that seller of residential property must, prior to entering into a contract with the buyer, disclose in the contract itself or in writing the presence of any known exterior injection well and the results of any known percolation test or soil absorption rate.
||Child Custody and Support
||Clarifies that, subject to the constitutional rights of parents, the relationships between caregivers and children as well as between parents and children should be considered when a court is determining a custody arrangement in the best interest of the child.
||Restricts the movement of a single family residence from an existing foundation to another foundation located within a developed area of single family residences; requires certain approvals be given before this type of residence may be located within such developed area; excludes manufactured or modular homes from the restriction.
||Requires teacher in-service training to place an emphasis on understanding the warning signs of early onset mental illness and authorizes such training to be conducted by school counseling personnel, mental health clinicians, or approved personnel from mental health advocacy organizations using approved curricula; requires the department of education to provide a progress report to the house and senate education committees by March 1, 2008.
||Motor Vehicles, Titling and Registration
||Clarifies that with respect to being authorized to move a motor vehicle located on private property from such property, such action may occur if so ordered by a municipal court.
||Authorizes alternative method of obtaining licensure as a polygraph examiner.
||Enacts the "Regional Water and Wastewater Treatment Authority Act."
||Provides that, for purposes of determining whether a conviction for driving a motor vehicle with a canceled, suspended, or revoked license is a second or subsequent conviction and, therefore, subject to enhanced penalty, a conviction that occurred more than 10 years prior to the immediate violation will not be considered; this provision is subject to federal rules and regulations relative to the issuance, suspension, and revocation of driver licenses and qualification of drivers.
||Defines scope of practice for surgical technologists.
||Requires certain members of municipal planning commission serving as regional planning commission to reside within the regional area outside of the municipal boundaries served by such regional planning commission.
||Clarifies that the surety bond a notary public is required to give must be approved by the county legislative body before the notary public enters upon the duties of office.
||Bail, Bail Bonds
||Allows court to grant an extension when defendant fails to appear in court instead of entering a conditional judgment.
||Taxes, Real Property
||Specifies processing costs that may be assessed for appeals to the state board of equalization, even when hearing costs may not be assessed because the appeal has been withdrawn or because the parties have agreed to a settlement prior to a hearing; provides that no hearing costs will be assessed at the first level of hearing in any appeal of a local assessment for which the taxpayer is required to file directly with the board and for which there is no right of first hearing before the county board of equalization.
||AIDS, HIV and STDs
||Requires judge to order person convicted of promoting prostitution to submit to HIV test.
||Adds to those facilities authorized to sell alcoholic beverages for on-premises consumption as a premier type tourist resort one that is commercially-operated, has overnight accommodations, dining room, and historic grist mill located in DeKalb County and one that has a marina and restaurant and is located on a lake in DeKalb County within one great circle mile of Highway 56.
||Requires that all police and highway patrol officers be provided training on proper response to persons with mental illnesses; and requires that the POST commission's curriculum also include such training.
||Tennessee Bureau of Investigation
||Revises provisions governing the appointment of a TBI director by the governor to grant 30 additional days to complete any requirement provided for under law in regard to the appointment, such as extending from 30 days to 60 days the time in which the nominating commission must resubmit a list of nominees after the governor rejects the nominees submitted.
||Requires each LEA to adopt procedures for the transportation of students, including procedures governing students' exiting a school bus at a point other than the bus destination; procedures must at least require a written note from a parent to allow a student to exit a school bus at a destination other than the student's regular stop; prohibits school bus drivers from requiring or permitting student to exit in violation of LEA rules and requires the director of schools to review the fitness of a driver who does so; authorizes LEAs to adopt procedures for management of unruly students.
||Changes incest from a "sexual offense" to a "violent sexual offense" for purposes of the sexual offender registry.
||Utilities, Utility Districts
||Clarifies the intent of the Energy Acquisition Corporations Act to include the intent to authorize energy acquisition corporations to acquire electrical materials and supplies; specifies that when an energy acquisition corporation is formed by another energy acquisition corporation, the board of directors will be appointed by the board of directors for the creating energy acquisition corporation.
||Requires written notice of method of appeal to chancery court be given to a claimant upon final denial of a claim for unemployment compensation.
||Boards and Commissions
||Requires the division of health related boards and all boards and committees thereunder to include an amount that will be the maximum amount owed by the licensee or certificate holder in any order in which the payment of costs has been assessed; requires the division, council, board, or committee to mail a final costs assessment to the license or certificate holder within 60 days of the effective date of the order.
||Real Estate Agents and Brokers
||Prohibits real estate licensees from providing cash rebates, cash prizes, or cash gifts in conjunction with any real estate transaction and authorizes the Tennessee real estate commission to regulate the practices of real estate licenses in regards to non-cash prizes, gifts, and rebates.
||Industrial development division, building finance committee, June 30, 2013.
||Southern states energy board, June 30, 2013.
||Agricultural Hall of Fame, board of governors, June 30, 2013.
||Child care agency licensing board of review, June 30, 2013.
||Department of transportation, June 30, 2011.
||Clarifies circumstances under which the commissioner of commerce and insurance may order deny, suspend, or revoke a registration to sell securities in this state.
||Replaces pre-graduation exit examination with three mandatory assessment exams, approved by the commissioner of education, to provide educators with information that will improve high school graduation rates and improve post-secondary achievement; exams to be administered in grades eight, 10, and 11, and the results analyzed and reported by the commissioner to the select oversight committee on education.
||Transportation, Dept. of
||Authorizes department to award contracts using a design-build procedure, subject to limits on the number and contract amounts of such projects.
||Adds Grundy County and Union County to counties where clerk of general sessions court or clerk and master must also serve as juvenile court clerk.
||Enacts the "Diana Acklen Act of 2007."
||Enacts "Tennessee Truth in Music Advertising Act."
||Requires motor vehicle dealers to pay off the agreed upon indebtedness on the trade-in vehicle within 30 days after the dealer has received actual payment on the financing contract for the new motor vehicle.
||Provides that, in Shelby County, the local court or court clerk must offer an installment plan prior to suspending the license of an operator or chauffeur for having been finally convicted of a driving offense and failing to pay or secure any fine or costs imposed; prohibits license suspension so long as licensee complies with the plan.
||Permits a charitable organization in meeting the requirements to qualify as a qualified charitable gift annuity a deduction for all or any portion of an annuity risk that reflects a reinsurance of this risk by a life insurance company authorized to do business in this state.
||Hospitals and Health Care Facilities
||Redefines the terms "bad debts" and "charity care" for purposes of reporting on the joint annual reports to the department of health, center for health statistics; requires the center of health statistics to use and apply the definitions when auditing or compiling statistics based on reports or for any related reports or statistics.
||Requires the department of health to implement a pilot program in conjunction with county clerks in Unicoi, Tipton, Hamblen, Anderson, Hamilton, Knox, Shelby, and Davidson counties to enable county clerks to issue certified copies of computer abstract birth certificates; provisions to expire on June 30, 2009.
||Northeast community service agency, June 30, 2011.
||Southeast community service agency, June 30, 2011.
||Judicial evaluation commission, June 30, 2008.
||Specifies that the definition of "commercial real estate" used in the Residential Closing Funds Distribution Act of 2005 applies only in that part.
||Insurance Companies, Agents, Brokers, Policies
||Authorizes a mental health or chemically dependent patient to have at least 12 additional visits after a utilization review episode instead of at least seven or as many as otherwise recommended by the treatment plan; authorizes a mental health or chemically dependent patient to have 12 additional visits after registration pursuant to the policy or contract instead of at least seven visits.
||Requires mailings of more than 200 pieces sent by a member of the general assembly to persons within the member's district and within 30 days of an election in which the member's name appears on the ballot to be paid from non-state funds.
||Motor Vehicles, Titling and Registration
||Authorizes a person to apply for a certificate of title to a vehicle lacking proper documentation if the vehicle is at least 30 years old and the person submits a certificate of ownership signed under penalty of perjury on a form prescribed by the department of revenue.
||Prohibits all personnel employed by the board of commissioners of any water and wastewater authority, including commissioners, from receiving anything of value resulting from any agreement, contractual or otherwise, for the installation of services or the sale of materials to be installed within the district.
||Adds to the nonexclusive list of programs the commissioner of health is authorized to fund from the health access incentive account created by the Uniform Disposition of Unclaimed Property Act; removes the requirement that the commissioner of health receive comments from the regional health council on such expenditures; makes other technical changes to provisions governing the administration of the health access incentive account.
||Requires tax assessor to review and accept or reject a taxpayer's amended personal property schedule within 60 days of receipt; such a schedule is deemed not accepted if the assessor has not notified the taxpayer within the 60-day period; clarifies the method of determining which religious institutions are eligible to claim a religious use property tax exemption.
||Board of respiratory care, June 30, 2011.
||Committee for the blind and other severely disabled, June 30, 2011.
||Increases from $15.00 to $30.00 per day the amount that soil district supervisors receive for attending meetings of the soil district; authorizes soil districts to enter into agreements to help improve traditional areas of farm production and to encourage diversification and innovation of farming operations within the district.
||Authorizes the department of general services to purchase goods and services, other than construction services, architectural services, and engineering services through a competitive reverse auction process that allows offerors to bid on specified goods or services electronically and adjust bid price during a specified period of time; award to be made to lowest responsible and responsive bidder.
||Authorizes state governmental entities to allow limitations of liability and warranty in contracts pursuant to rules promulgated by commissioner of finance and administration instead of requiring commissioner's approval for every limitation of liability or warranty.
||Adds certain drugs to controlled substances schedule, thereby making it an offense to manufacture, deliver, sell, or possess with the intent to manufacture, deliver, or sell the drug.
||Insurance Companies, Agents, Brokers, Policies
||Exempts the premiums, contributions, and assessments received by prepaid limited health service organizations pursuant to subcontracts with entities under contract to the Title XIX single state agency for the provision of health care services from the 2 percent tax on HMO premiums.
||Revises various workers' compensation provisions, including provisions regarding second injury fund assessments when death results from the injury or occupational disease and provisions governing attorney's fees.