||As enacted, revises requirements governing bicycle use at nighttime to require that a bicycle be equipped with a lamp on the front that emits a white light visible from a distance of at least 500 feet to the front and either a red reflector or a lamp emitting a red light that is visible from a distance of 500 feet to the rear when directly in front of lawful upper beams of head lamps on a motor vehicle.
||Utilities, Utility Districts
||As enacted, specifies that the present law provision limiting the per meeting amount of $250 for Huntsville Utility District commissioners in Scott County will be repealed if the commissioners of the water and sewer utility district adopt a resolution applying the general law payment of $300 per meeting to such commissioners by December 1, 2009.
||As enacted, creates a mechanism for local governmental units to purchase goods and services through a competitive reverse auction process after filing a plan with the comptroller to document internal controls to ensure the integrity of the process.
||As enacted, codifies the generally accepted practice of municipal governing bodies to act by ordinance if the general law or charter requires the action to be by ordinance and definitely if the action levies a tax, makes a special assessment, is permanent in nature, or has a regulatory or penal effect.
||As enacted, revises certain requirements concerning the registry of persons who have abused, neglected, or misappropriated the property of vulnerable adults.
||Environment and Conservation, Department of
||As enacted, requires the department to deposit into the drinking water revolving loan fund any funds from the federal American Recovery and Reinvestment Act of 2009 to make loans and subsidize loans made under the program for low cost loans to local governments for wastewater facilities or the program for loans to water systems; authorizes the department and the Tennessee local development authority to use funds from the Act to make loans and to subsidize loans made under the programs and administer programs using the funds in accordance with federal law.
||As enacted, certifies medication aides who may administer certain medications in nursing homes or assisted living facilities under the supervision of licensed nurses.
||Mental Health and Developmental Disabilities, Dept
||As enacted, requires the department to coordinate with other state agencies and health care providers to promote access to services for persons in psychiatric emergencies, subject to funding; requires certain action if appropriations are inadequate to allow the department to maintain funding for the portion of the emergency psychiatric services continuum for uninsured persons at the annualized level provided as of January 1, 2009.
||As enacted, makes various changes to present law concerning inspections of elevators, dumbwaiters, escalators, and aerial passenger tramways; increases certain inspection and permit fees.
||As enacted, modifies description and requirements of eligible properties for certain redevelopment or urban renewal plans containing tax increment financing.
||As enacted, adds additional injuries that are not covered by workers' compensation.
||As enacted, modifies certain statutory provisions pertaining to criminal simulation and certain other types of theft related to the recording of live performances.
||As enacted, includes wastewater facilities within the definition of local government for certain purposes.
||As enacted, requires background checks on certain potential employees of the departments of human services and children's services; expands scope of certain background checks for certain persons in contact with children and elderly people; revises other various provisions regarding vulnerable persons.
||As enacted, defines "foster care" and "foster parent" for purposes of provisions governing juvenile courts and proceedings; revises various provisions regarding permanency plans, foster care, and dependent and neglected children.
||As enacted, creates an enhanced penalty for the offenses of assault and aggravated assault when the victim of such a crime is a law enforcement officer.
||As enacted, authorizes the submission into evidence of a video recording of an interview of a child under 13 years of age by a forensic interviewer containing a statement made by the child describing any act of sexual contact with or on the child for any offense arising from the sexual contact if certain requirements met.
||As enacted, redefines "indecent exposure" to include knowingly engaging in the person's own residence certain conduct in the presence of a child for the purpose of sexual arousal or gratification.
||As enacted, requires the executive director of the select committee on children and youth to establish a non-funded, voluntary, post-custody services advisory council to identify the effectiveness and utilization of post-custody services and make recommendations for the continued operation of the system of post-custody services and supports; requires other action in regard to services and supports and persons in foster care.
||Physicians and Surgeons
||As enacted, specifies that the sale of herbs or natural health information exchanges provided as a service are not considered to be naturopathy if certain requirements met.
||As enacted, establishes that a parent is entitled to legal representation at all stages of proceedings involving abuse, contributing to the delinquency or unruly behavior of a child or contributing to the dependency and neglect of a child, dependency or neglect and termination of parental rights.
||As enacted, redefines the offense of child endangerment to be when a parent or custodian of a child eight years of age or less knowingly exposes such child to or knowingly fails to protect such child from abuse or neglect resulting in physical injury to the child.
||As enacted, specifies that in a post-conviction proceeding on a capital case a court may order a defendant to undergo an inpatient mental evaluation only if an outpatient evaluator concludes that inpatient evaluation is necessary.
||Remedies and Special Proceedings
||As enacted, prohibits certain persons restrained of their liberty from prosecuting a writ of habeas corpus.
||Professions and Occupations
||As enacted, revises various provisions involving the practice of polysomnography.
||As enacted, increases per diem for serving on board of podiatric medical examiners from $50.00 to $100; revises certain podiatric licensure requirements.
||Utilities, Utility Districts
||As enacted, changes the composition of the utility management review board by replacing one of the four seats that are held by experienced utility district managers with a consumer who is a Tennessee resident and who may have experience in residential development but is not engaged in utility district management or operation; revises other various provisions regarding the board.
||Economic and Community Development
||As enacted, revises the Neighborhood Preservation Act.
||Tort Liability and Reform
||As enacted, revises provisions governing notice that must be given by any person asserting a potential claim for medical malpractice to each health care provider against whom the claim is being made; revises provisions governing certificate of good faith that must be filed.
||As enacted, exempts housing for persons on a temporary or transitional basis from the provision whereby any residential facility that houses persons with developmental disabilities and is required by law to be licensed by the department of mental health and developmental disabilities will not receive a license if the facility houses more than four such service recipients and is not licensed on June 23, 2000, and the provision whereby the department will not license more than two such residential facilities within 500 yards in any direction from other such facilities housing service recipients.
||As enacted, revises provisions governing persons before whom a deposition may not be taken; requires disclosure of disqualifying circumstances; revises other provisions related to depositions.
||As enacted, allows handgun permit holders to possess handgun while in parks, natural areas, campgrounds and similar public places; allows local governments to prohibit such possession in parks and similar areas owned by the local government, upon majority vote of its legislative body.
||As enacted, subject to restrictions in federal law, prohibits the bureau of TennCare from disenrolling persons for fiscal or other reasons until the bureau has verified, at the time of application, the social security numbers of all enrollees and purged all persons ineligible due to issues of fraud or lack of lawful US residence.
||As enacted, authorizes a law enforcement officer, acting as an individual and not as an employee, agent or on behalf of any governmental entity, who has retired in good standing to utilize certain methods to meet the annual requirements to carry a firearm that has been shipped or transported in interstate or foreign commerce in the same manner and to the same extent as authorized for an active law enforcement officer to carry a firearm of the same type.
||As enacted, makes it an exception to the criminal offense "unlawful carrying or possession of a weapon" that a person who has a valid handgun carry permit is transporting a rifle or shotgun in or on a privately owned motor vehicle and the weapon does not have ammunition in the chamber; exception will also apply if the rifle or shotgun has ammunition in the chamber, which ammunition was inserted in the chamber for purposes of justifiable self defense.
||As enacted, extends the property that is subject to forfeiture and establishes certain exemptions in regard to such property; provides certain forfeiture protections for innocent spouses and other co-owners of forfeited property.
||As enacted, prohibits department of safety from requiring applicant to include social security number on form used to show proof of completion of handgun safety course; prohibits course instructor from withholding proof of completion based solely on applicant not providing social security number.
||As enacted, establishes a uniform provision whereby an individual may transport up to five gallons of untaxed alcoholic beverages, including beer, into or within this state, even in a dry county, for personal or household use of the individual; specifies that a person may transport in excess of five gallons if the person has the receipts to prove the taxes were paid.
||Firearms and Ammunition
||As enacted, enacts the "Tennessee Firearms Freedom Act."
||As enacted, allows Class D school buses to be used up to 15 years of service, subject to certain safety inspection requirements; authorizes approval of conventional buses by additional five years after initial 12-year period of service; imposes certain other requirements.
||Human Rights Commission
||As enacted, directs human rights commission to develop a Title VI compliance plan applicable to certain state governmental entities; sets out duties of human rights commission in regards to Title VI provisions.
||Pensions and Retirement Benefits
||As enacted, authorizes any person retired for at least one year from the Tennessee consolidated retirement system (TCRS) to accept covered employment with a different employer without suspension of retirement benefits in certain circumstances; provisions effective until June 30, 2012.
||As enacted, establishes what crimes may be a lesser included offense generally; specifies that second degree murder is a lesser included offense of first degree murder, voluntary manslaughter is a lesser included offense of premeditated first degree murder and second degree murder, aggravated sexual battery is a lesser included offense of aggravated rape, and sexual battery and sexual battery by an authority figure are lesser include offenses of rape and aggravated rape.
||As enacted, redefines "electronic communication" and "wire communication" for certain wiretapping and electronic surveillance offenses.
||Financial Responsibility Law
||As enacted, prohibits courts from dismissing a charge of failure to provide proof of financial responsibility against any person who did not have financial responsibility in effect at the time that the person was charged with the violation.
||Child Custody and Support
||As enacted, permits parents called to active military service that requires them to be out of state for more than 90 days to petition the court to temporarily assign their visitation rights during their absence to another relative approved by the court.
||As enacted, extends department of revenue, June 30, 2014.
||As enacted, extends Tennessee registry of election finance, June 30, 2015.
||As enacted, extends commission on firefighting personnel standards and education, June 30, 2015.
||Aircraft and Airports
||As enacted, creates procedures for dissolving certain municipal airport authority in certain circumstances; authorizes the appointing authority to remove a commissioner of the regional or municipal airport authority for incompetency, failure or neglect to perform the duties required by law, malfeasance, misfeasance, misconduct or corruption in office, or for any other good and sufficient reason, if certain procedures followed.
||Local Government, General
||As enacted, prohibits local government entities from adopting any ordinance or written policy that expressly prohibits a local government entity, official or employee from complying with applicable federal law pertaining to persons who reside in Tennessee illegally; prohibits local government officials from materially interfering with the ability of a local government entity, official or employee to comply with applicable federal law pertaining to persons who reside in Tennessee illegally; authorizes any person who believes that a violation of act has occurred to file a complaint in chancery court.
||Education, Dept. of
||As enacted, requires commissioner to establish dates for the administration of assessments required for graduation that provide the maximum number of instructional days possible prior to testing while maintaining compliance with federal law; requires the commissioner to establish yearly dates for the administration of the grades three through eight achievement tests that provide the maximum number of instructional days possible prior to testing while maintaining compliance with federal law; establishes August 1 as the earliest date for starting the school year, beginning with the 2010-2011 school year, unless an LEA's board of education establishes a year-round school year by majority vote.
||Naming and Designating
||As enacted, designates TBI headquarters in Nashville as "Arzo Carson TBI State Office Building."
||As enacted, enacts the "Tennessee Court Reporter Act of 2009."
||As enacted, prohibits the issuance, transfer, or renewal of outdoor advertising permits or tags to persons who have erected an outdoor advertising device without first obtaining a permit and tag; revises other provisions regarding billboards.
||As enacted, requires the trial courts, board of probation and parole and department of correction to coordinate efforts to prepare offenders for reentry into society; requires the board of probation and parole, in preparing presentence reports, to include information identifying the defendant's risks and needs as determined through the use of a validated assessment instrument, along with recommended treatment programs to address such risks and needs and enhance the defendant's opportunity for successful reentry into the community.
||As enacted, specifies that the standards for emergency response vehicles that are to be promulgated by the EMS board include restrictions on the amount of mileage of an operational vehicle and mandatory mechanical inspections for vehicles over a certain mileage.
||As enacted, "Eddie L. Niles Bridge," U.S. Highway 64 in City of Somerville, Fayette County.
||Orders of Protection
||As enacted, requires person subject to order of protection to surrender or transfer all firearms the person owns or possesses; creates Class A misdemeanor of person subject to an order of protection possessing a firearm.
||As enacted, terminates board of electrolysis examiners; transfers duties of board to the commissioner of health.
||As enacted, extends center for earthquake research and information, June 30, 2016.
||As enacted, requires the division of mental retardation services to do everything possible to provide referrals for new ICF/MR beds; requires division to demonstrate a commitment in assisting providers in locating referrals by obtaining a written statement from the conservator of every eligible service recipient indicating that they have been fully informed of the ICF/MR facilities and the specialized services they provide.
||As enacted, specifies that the evaluation and treatment of persons who have had their lives significantly impacted by compulsive gambling disorder are within the scope of alcohol and other drug abuse counseling services that may be performed by licensed drug and alcohol counselors; requires that a counselor have at least 60 hours of specialized education in order to evaluate or treat a person significantly impacted by compulsive gambling disorder.
||Hospitals and Health Care Facilities
||As enacted, extends nursing home bed privilege tax for two years until June 30, 2011; revises provisions governing delinquent tax.
||Hospitals and Health Care Facilities
||As enacted, extends prohibition on new nursing home bed certificates of need to June 30, 2011, except for 125 Medicare SNF beds.
||Insurance, Health, Accident
||As enacted, adds certain requirements regarding successor coverage health claims and revises law regarding the retroactive denial of reimbursements.
||As enacted, increases the number of nonvoting members on the advisory council on workers' compensation from seven to 10; adds a licensed chiropractor, a licensed physical therapist and a licensed occupational therapist; revises other provisions governing council.
||As enacted, permits the alteration of a wet weather conveyance by any activity and does not require any notice or approval of the alteration, if certain conditions are met; allows person desiring to alter a specific water of the state to request a determination from the commissioner that it is a wet weather conveyance and submit a report from a qualified hydrologic professional in support of the request.
||Private Protective Services
||As enacted, requires licensees to submit specified information to certain local law enforcement agencies and requires local law enforcement agencies to notify commissioner of known violations of private protective services laws.
||Insurance, Health, Accident
||As enacted, enacts the "Preferred Provider Organization Transparency Act."
||As enacted, urges the health equity commission to study the disproportionate impact of HIV and AIDS on the African-American community.
||As enacted, provides for prescreening agents, physicians, and psychologists to be considered state employees when assessing persons for admission and transportation to involuntary inpatient treatment; authorizes transport of people with a mental illness who do not present a danger to themselves or are not in need of physical restraint or vehicular security by a friend, neighbor, relative, clergy, or other mental health professional familiar with the person; revises other provisions regarding transport of persons with mental illness.
||As enacted, enacts the "Uniform Debt Management Services Act."
||Utilities, Utility Districts
||As enacted, requires the Tennessee advisory commission on intergovernmental relations to study the effectiveness of the state's current underground utility damage prevention program and report its findings to the general assembly by January 29, 2010.
||As enacted, authorizes home health nurses and aides to accompany a recipient outside the home during the course of prior approved home health services, if certain criteria met.
||Utilities, Utility Districts
||As introduced, authorizes utility districts to own and operate natural gas vehicle fueling stations.
||As enacted, extends emergency communications board, June 30, 2013; directs TACIR to study impact on public safety of non-emergency communications district affiliated public service answering points.
||As introduced, enacts the "Convention Center Authorities Act of 2009"; revises certain provisions concerning financing and development of convention centers affecting Davidson County.
||Corporations, Not for Profit
||As enacted, enacts the "Electric G&T Cooperative Act"; requires TACIR to study whether current wholesale power supply arrangements between TVA and municipal utilities and electric cooperatives likely to change in a way that could affect payment in lieu of taxes from TVA to the state and local governments; makes other changes relative to energy acquisition corporations.
||Insurance Companies, Agents, Brokers, Policies
||As enacted, requires a person to obtain a license from the commissioner of commerce and insurance as a crop insurance adjuster in order to act as a crop insurance adjuster; prohibits an insurer that sells crop insurance from contracting, employing or using any person to adjust claims made under a crop insurance policy unless the person is licensed as a crop insurance adjuster; requires commissioner of commerce and insurance to establish qualifications for licensure.
||As enacted, renames the "division of mental retardation services" as the "division of intellectual disabilities services"; removes antiquated terminology that is used to describe persons who lack the mental capacity to enter into contracts.
||Taxes, Real Property
||As enacted, authorizes a municipality that purchases land at a delinquent tax sale for municipal taxes only, and after the redemption period has expired, to sell the land for less than the full amount of the taxes, penalty, cost and interest owed if, upon a majority vote, the municipality's governing body determines that it is impracticable to sell the land for such full amount; exempts Davidson County.
||As enacted, defines "misconduct" for purposes of provisions whereby if an administrator finds that a claimant for unemployment benefits has been discharged for misconduct connected with the claimant's work, then the claimant is disqualified from collecting unemployment benefits; requires any person who receives unemployment benefits by knowingly misrepresenting, misstating, or failing to disclose any material fact, or by making a false statement or false representation without a good faith belief as to the
||Tax Assessors and Collectors
||As enacted, permits municipal distress warrants issued by tax collector to be executed within boundaries of municipality by police officer of municipality in same manner as provided by law for the sheriff.
||As enacted, "H. Clay Turner Memorial Bridge," Old Franklin Road & I-24 in Metropolitan Nashville and Davidson County.
||As enacted, provides that any contractor required to be licensed who is in violation of the law or rules governing contractors may not recover any damages in any court other than actual documented expenses that can be shown by clear and convincing proof.
||As enacted, provides that if a contractor solicits any person to sign a contract requiring the person to waive a right of lien in violation of law, such person must notify the board for licensing contractors of such fact; upon receiving such information, the executive director of the board for licensing contractors must notify such contractor within a reasonable time after receiving the information that the contract is against the public policy of this state and in violation of law; provides for action against contractor who does not correct violation.
||As enacted, authorizes any alcoholic beverage collector to apply to the alcoholic beverage commission for a license to allow the collector to purchase wine and other alcoholic beverages from any authorized entity and sell collective alcoholic beverages, in a face to face transaction only, to any person 21 years of age or older.
||Attorneys at Law
||As enacted, provides that in order to practice law, a person must receive a license issued by supreme court and comply with Rule 6 of the rules of the supreme court, except for rule 19 pro hac vice admissions; clarifies that authorization to practice pro hac vice is an exception to the general requirement that attorneys be licensed and properly admitted to practice pursuant to the rules of the supreme court of Tennessee in order to practice law in this state.
||As enacted, revises provisions concerning medical records of persons who are treated for work-related injuries
||As enacted, requires the select committee on children and youth to study the effectiveness of the child protective services system in Tennessee and develop recommendations for its improvement.
||As enacted, adds $1.00 privilege tax on criminal cases to fund grants for a 24-hour a day victim information and notification system to be operated by the Tennessee sheriff's association; requires that upon initial deposit of $34,000 into the victim notification fund, the $1.00 tax provided for in this act be allocated to the department of revenue for defrayal of computer-related expenses required by this act.
||As enacted, authorizes the legislative body of a municipality to enter into an agreement with a private entity under which the entity agrees to pay all or a portion of the costs of a public facility being constructed by the municipality, if the municipality reasonably anticipates that private investment of at least $25 million will be made on property adjacent to the public facility; revises other various provisions related to special assessments and improvement bonds.
||As enacted, provides that students who miss school to attend required court proceedings will not be penalized for grading or attendance purposes; specifies exceptions to this provision.
||As enacted, incorporates the use of green building design, sustainable infrastructure, and energy efficiency technologies into the powers authorities are authorized to exercise for redevelopment projects.
||As enacted, replaces references to "obviously intoxicated" with references to "visibly intoxicated" in certain statutes governing the sale of alcoholic beverages to an intoxicated person.
||Food and Food Products
||As enacted, exempts from payment of food service establishment fees those bona fide charitable and nonprofit organizations that operate food banks and on-site feeding programs for free distribution of food to combat poverty and hunger; exempts from regulation as a food services establishment a house or other residential structure where seriously ill or injured children and their families are provided temporary accommodations in proximity to their treatment hospitals and where food is prepared, served, transported, or stored by volunteer personnel.
||Naming and Designating
||As enacted, names Chattanooga Tennessee National Guard Armory in honor of the late CSM Bobby G. Davis, Tennessee Army National Guard, Retired.
||As enacted, authorizes the county legislative body of Knox County by a two-thirds vote to levy as court costs an additional litigation tax of $1.00 up to a maximum of $5.00 for each petition, warrant and citation, including warrant and citation for traffic offense, filed in the general sessions and juvenile courts; such tax may be increased yearly by $1.00.
||As enacted, authorizes county conservation boards, upon majority vote of membership, to meet no less frequently than quarterly rather than monthly.