Tennessee 105th General Assembly - Public Acts Search

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Chapter Number Subject Abstract Bill Number
0301 Public Contracts Requires the results of a test performed on a human specimen at the request of a designated entity to be reported directly to the requesting entity; "designated entity" defined as an entity that performs actions or functions on behalf of the provider, payer, or patient for the purposes of creating an electronic health record. SB2268
0302 Education Requires department of education to study allowing LEAs to create school district police departments. HB1765
0303 Education, Curriculum Removes provision that permits a course on personal finance to satisfy instruction requirement on the free enterprise system. HB1944
0304 Mental Health and Developmental Disabilities, Dept Extends the exemption from licensure for a person providing personal care to one person with a mental illness, serious emotional disturbance, or developmental disability to include persons providing such service to other service recipient and not in a business arrangement with any other service recipient; exemption does not apply to an individual who holds himself out to the public as being in the business of personal support services for compensation. HB2089
0305 Child Abuse Removes reference to "investigating" in provision authorizing a hospital, clinic, school, or other organization responsible for the care of children to develop a specific procedure for internally tracking, investigating, reporting, or otherwise monitoring a child abuse report made by a member of its staff; staff of hospital or clinic not prevented from gathering sufficient information to make an appropriate medical diagnosis or to provide and document care that is medically indicated, and is needed to determine whether to report an incident. HB2230
0306 Education Removes requirement that public school student's identification number must be the same as the student's social security number; also removes requirement that all class rolls include students' identification numbers. HB2237
0307 Mental Retardation Specifies that the new beds in ICF/MR facilities resulting from the annual increase of 40 beds may be filled by persons on the wait list, in addition to persons from the developmental centers. SB0828
0308 Traffic Safety Adds to offense of reckless driving the act of driving motorcycle while front tire is off the ground in willful and wanton disregard for the safety of persons or property on any public street, highway, alley, parking lot, or driveway, or on any premises generally frequented by the public at large; violation is a Class B misdemeanor; offense not applicable to persons 18 years of age or older riding in a parade, at a speed not to exceed 30 m.p.h. HB0201
0309 Hospitals and Health Care Facilities Extends nursing home bed privilege tax for two years until June 30, 2009. HB0242
0310 Courts, Supreme Court of Tennessee Increases fee for filing of notices with supreme court clerks, except the fee assessed to the state in criminal appeals, from $4.00 to $6.00; fees assessed to the state in criminal appeals limited to $4.00. HB0312
0311 Probation and Parole Authorizes court to order that person sentenced to supervised probation undergo an alcohol and drug assessment, treatment, or both; assesses $100 alcohol and drug addiction treatment fee on each drug-related conviction for conduct after July 1, 2007; funding allowed only through the alcohol and drug treatment fund. HB0458
0312 Child Custody and Support Makes failure of an employer to turn over income for child support withheld from an obligor within required timeframes a breach of fiduciary duty when the employer has been directed to do so by an income assignment order; provides a time in which action for breach of such fiduciary duty must be filed. HB0545
0313 Education Permits class size limits to be exceeded for JROTC; revises present law authorizing substitute credit earned in JROTC for lifetime wellness instead of physical education. HB0567
0314 Juveniles Revises procedures applicable when certain delinquent juveniles or children ordered to complete inpatient mental health treatment program return to school; addresses notice to school officials and requirements for developing plans for the child's success and for school safety. HB0665
0315 Education Adds safety of the school, in addition to the progress or efficiency, as a factor to consider under provisions empowering a school board to suspend, dismiss, or alternatively place pupils when the progress or efficiency of the school makes it necessary or when disruptive, threatening, or violent students endanger the safety of other students or school system employees. HB0928
0316 Education, State Board of Alters the terms of state board of education members from nine years to five years. HB0951
0317 Driver Licenses Places a $400 cap on the restoration or reinstatement fees imposed for certain suspensions related to traffic citations, effective until July 1, 2008. HB1407
0318 Criminal Offenses Allows directors of the emergency management agency to carry handguns pursuant to written directive. HB1410
0319 Lottery, Corporation Allows person with license violation for unlawfully selling or providing a product or substance to a minor to become a lottery retailer if any sentence has been completed and the license has been restored. HB1496
0320 Education Requires the advisory council for alternative education to study alternative school pilot programs, policies, and curricula and report to the governor, the state board of education, and the house and senate education committees. HB1545
0321 Education, Curriculum Requires state board of education to study alternative paths to high school diplomas for students who do not pass Gateway exams and to report to the house and senate education committees by January 1, 2008. HB1546
0322 Ethics Prohibits the ethics commission from imposing civil penalties on a state or local government employee if such employee violates the provisions of title 3, chapter 6, part 3. HB1776
0323 Firefighters Removes the prohibition on employers' initiating criminal background checks of applicants for paid or volunteer positions as members of a fire department or fire prevention bureau or division prior to employment or appointment. HB2000
0324 Audiologists and Speech Pathologists Authorizes licensed speech pathologists to use endoscopes to observe pharyngeal and laryngeal areas of throat; establishes conditions for such practices. SB1168
0325 Public Officials Prohibits state and local elected officials from seeking elected state or local office after conviction of a state or federal felony related to public service. SB1264
0326 Education Enacts the "School Support Organization Financial Accountability Act." SB2054
0327 Sunset Laws Board of nursing, June 30, 2010. SB0435
0328 Consumer Protection Imposes certain requirements on motor vehicle dealers regarding conditional delivery agreements and trade-ins; violation may result in action against the dealer's license or civil penalty. SB0883
0329 Motor Vehicles Authorizes department of safety to regulate all for-hire motor carrier vehicles for eight or more passengers; and requires such motor carriers to maintain liability insurance, submit drivers to drug and health screening, and submit vehicles to safety examinations. SB1612
0330 Workers Compensation Corrects cross-reference to definition section in the provision limiting the maximum total benefit. SB1672
0331 Nuisances Authorizes courts to enjoin continuation of public nuisances before notice and hearing is afforded defendant under certain circumstances. SB1935
0332 Taxes, Real Property Specifies, in regard to the provision whereby a condition for appeal is that the undisputed portion of the tax levied be paid before the delinquent date of the tax and that no delinquent taxes have accrued on the property, that failure to pay the undisputed portion of the tax or any other delinquency on the property by the time of the hearing will result in dismissal and loss of further right to administrative appeal. SB2066
0333 Sunset Laws Tennessee motor vehicle commission, June 30, 2011. SB2107
0334 Sunset Laws Tennessee board for economic growth, June 30, 2011. SB2108
0335 Sunset Laws Department of general services, June 30, 2009. SB2119
0336 Sunset Laws Civil service commission, June 30, 2011. SB2122
0337 Sunset Laws Board of medical examiners, June 30, 2011. SB2135
0338 Commerce and Insurance, Dept. of Authorizes the commissioner to assess a civil penalty of up to $1,000 per violation, not to exceed $100,000, against an insurance company for each separate violation of a statute, rule, or order, unless another civil penalty amount is specifically provided for in the applicable statute, rule, or order; amount of authorized penalty increased to $25,000 per violation, not to exceed $250,000, when person knowingly violated statute, rule, or order. SB2169
0339 Insurance Companies, Agents, Brokers, Policies Revises provisions governing unfair replacement transaction practices; authorizes insurers to use the mortality tables adopted by NAIC for certain purposes. SB2200
0340 Dentists Revises continuing education requirements for dentists and dental hygienists to reduce the minimum number of annual hours required from 15 to 12, to reduce the minimum number of biennial hours required from 30 to 24, and to change from January 1, 2003, to January 3, 2003, the date by which the continuing education requirements were to become biennial instead of annual; subjects registered dental assistants to continuing education requirements. SB0718
0341 Education Requires school resource officers to be a law enforcement officer in compliance with laws, rules, and regulations of the POST commission; imposes certain basic training requirements on the officers. SB0938
0342 Alcoholic Beverages Allows issuance of special occasion license to certain 501(c)(3) organizations for selling wine in closed containers for consumption on or off premises; allows donation of wine to such organizations. SB1223
0343 State Government Requires governmental entities to notify interested persons of proposed projects or actions prior to issuing permits. SB1349
0344 Insurance Companies, Agents, Brokers, Policies Requires county mutual insurance companies to pay a premium tax in accordance with the general law which taxes gross premiums instead of setting the tax at the rate of 2 1/2 percent of their gross premiums. SB2082
0345 Sunset Laws Four Lake regional industrial developmental authority, June 30, 2011. SB2110
0346 Sunset Laws Historical commission, June 30, 2013. SB2115
0347 Hospitals and Health Care Facilities Extends prohibition on new nursing home bed certificates of need to June 30, 2008, except for 125 Medicare SNF beds. HB0243
0348 Domestic Violence Makes technical changes to domestic abuse law relative to terminology and clarifies that order can be appealed without payment of court costs by petitioner and court can modify or extend order of protection on own motion or motion of petitioner; revises provisions governing extension of order of protection. HB0402
0349 Gambling Exempts from gambling devices, computer or software programs that cannot be used for gambling until the program is incorporated into a gambling device, at which time the possession of the programs and devices would be illegal. HB0742
0350 State Inmates Permits inmates who received a specified degree prior to July 1, 2006, to receive the same 60 days of educational good time credit authorized for those inmates receiving degrees after such date. HB0850
0351 Contracts Grants jurisdiction for purposes of hearing contract disputes to circuit and chancery court in county where defendant may found, where contract was executed, where the goods were provided or were to be provided, or where services were rendered or were to be rendered. HB1153
0352 Domestic Violence Expands definition of abuse to include inflicting, attempting, or threatening to inflict physical injury to a pet of an adult or minor and requires court to place an animal with the petitioner or in foster care in a protective order. HB1161
0353 Juvenile Offenders Makes parent or guardian responsible under contributing to delinquency offense for second or subsequent delinquent act of vandalism of public property and requires parents to repair or clean damage or pay to have it repaired. HB1167
0354 Education, Curriculum Requires the Tennessee Council for career and technical education to conduct a study to determine proper methods for integrating career and technical education courses and to report findings to the house and senate education committees by February 1, 2008. HB1225
0355 Criminal Offenses Adds to definition of criminal impersonation person pretending to be law enforcement officer for the purpose of engaging in law enforcement-related activity or causing another to believe person is a law enforcement officer; makes penalty for criminal impersonation in such circumstances a Class A misdemeanor. HB1415
0356 Mental Illness Requires that service recipients for mental health services be periodically afforded the opportunity to execute an information release authorizing certain disclosures to family members at time of admission to inpatient treatment, an emergency room, or crisis response setting; allows for withdrawal or modification of authorization. HB1426
0357 Education Requires the office of education accountability to coordinate a study of the effectiveness of pre-K programs authorized by the Voluntary Pre-K for Tennessee Act of 2005 based on student achievement. HB1530
0358 Education Requires that certain information regarding graduation rates be included in annual report prepared by commissioner of education; requires posting such information on the Internet. HB1531
0359 Insurance Companies, Agents, Brokers, Policies Removes provision whereby certain statutes relating to rates and rate filings that were in existence in 1996 will be revived effective July 1, 2007. HB1813
0360 Public Employees Increases paid military leave time from 15 to 20 working days a year. HB2243
0361 District Attorneys Specifies that in computing annual salary increases that are tied to salary increases appropriated to state employees, such increases are to be based solely on the specific percentage increase granted by the appropriations act to all general state employees and not based on any class compensation or compression efforts or any other method of salary adjustments. HB2346
0362 Environment and Conservation, Department of Increases maximum amounts that may be charged for certain fees by promulgating authorities attached to department and makes numerous changes relative to environmental regulatory programs. SB2257
0363 Criminal Procedure Enacts the "Rosa Parks Act." HB1055
0364 Children's Services, Dept. of Authorizes department to provide training for unlicensed individuals to assist children with self-administration of medication; clarifies authority of those allowed, under the provisions for division of mental retardation services, to administer medications. HB2329
0365 Insurance, Health, Accident Requires notification to provider regarding results of credentialing applications; establishes other requirements in regard to credentialing. SB0720
0366 DNA and Genetic Testing Enacts "Genetic Counselors' Licensing Act." SB0935
0367 Education, State Board of Requires that the annual report submitted by the committee for the Tennessee basic education program, which includes recommendations on needed revisions, additions, and deletions to the BEP formula as well as an analysis of instructional salary disparity among LEAs, must also include an analysis of disparity in benefits and other compensation among LEAs; removes requirement for two-track high school curriculum. SB2178
0368 Taxes, Cigarette Increases the tax on cigarettes from 10 mills to 3.1 cents on each cigarette; requires that all cigarette tax revenue realized from the 3-cent increase be deposited into the general fund, except for $21 million to be allocated to the Tennessee agriculture enrichment program; revenue realized from the remaining 0.1-cent increase to be deposited in trauma center fund. SB2326
0369 Education Revises various provisions regarding the BEP, including requiring state to provide 75 percent of the funds generated for instructional positions within the classroom component and setting to dollar value of the BEP instructional positions component at $38,000 for fiscal year 2007-2008. HB2293
0370 Pharmacy, Pharmacists Requires notification before interchanging or substituting for a prescribed anti-epileptic drug in certain situations. HB0121
0371 State Government Specifies that state agencies may not require, prohibit, or impair the right of any public or private institution to continue to honor certain persons or cultures through the use of symbols, names, and mascots. HB0133
0372 Courts, Juvenile Makes various refinements to statutes pertaining to adoption, permanent guardianship, and other placement arrangements for children. HB0321
0373 Medicine, Practice of Places a duty and responsibility on the board of medical examiners to regulate the practice of office-based surgery, including promulgating necessary rules and regulations to promote patient health and safety in such practices; requires board to enter into memorandum of understanding with department of health for site surveys. HB1056
0374 Law Enforcement Allows the Bradley County forensic laboratory to assess and receive the same fees as are currently charged by publicly funded and TBI forensic labs for conducting tests to determine the drug and alcohol content of blood. HB1414
0375 Courts, Special Allows juvenile courts to develop and operate drug court treatment programs; prohibits drug courts established under juvenile court jurisdiction from using grants from the drug court treatment program; requires a $75.00 fee to be assessed against persons who violate the terms of a suspended sentence imposed as a result of a drug offense or who have a conviction that is premised on a positive drug test. HB1871
0376 Education Creates and expands certain accountability provisions for school systems, directors of schools, principals, teachers, and teacher training programs. HB0472
0377 Hospitals and Health Care Facilities Revises requirements concerning wheeled mobility devices. SB0251
0378 Workers Compensation Authorizes commissioner of labor and workforce development to issue order assigning temporary responsibility for paying benefits and loss adjustment expenses among insurance carriers when there is dispute as to which carrier should pay benefits. SB0322
0379 Safety Creates "service release inspections" new category of electrical inspections; authorizes issuance of such inspections for purposes of installing HVAC systems for manufactured homes and modular buildings. SB0733
0380 Emergency Communications Districts Requires that technical advisory committee to the emergency communications board include representatives of non-wireline service providers. SB1518
0381 Parks, Natural Areas Preservation Transfers jurisdiction of Big Cypress State Natural Area from the TWRA to the department of environment and conservation; requires that hunting continue to be permitted in certain portions of the Area. SB1586
0382 Municipal Government Deletes the present limitation that removal of vegetation or debris from a parcel of property by a municipality does not apply to any parcel upon which an owner-occupied residence is located; specifies lien provisions that will apply in regard to owner-occupied residential property. SB1623
0383 Purchasing Allows counties and municipalities to purchase secondhand articles, goods, equipment, materials, supplies, or commodities from federal, state, or local government agencies without public advertisement and competitive bidding and from private entities under certain circumstances. SB1723
0384 Sunset Laws Department of personnel, June 30, 2011. SB2103
0385 Sunset Laws Southern states nuclear compact, June 30, 2013. SB2111
0386 Sunset Laws Viticulture advisory board, June 30, 2013. SB2112
0387 Sunset Laws Terminates the Cragfont restoration commission. SB2118
0388 Sunset Laws Interstate compact on the placement of children, June 30, 2011. SB2123
0389 Port Authorities Clarifies that any form of local government, not just a municipality, may transfer land within its boundaries to a port authority. SB2309
0390 Hospitals and Health Care Facilities Extends termination date for monthly 6 percent gross receipts tax on intermediate care facilities for the mentally retarded (ICFMR) from July 15, 2007, to July 15, 2009. SB2325
0391 Hospitals and Health Care Facilities Provides that there is no implied covenant of confidentiality or other restriction that precludes health care providers communicating with each other or a health care provider responding to a request from a hospital regarding entries in a patient's record in certain circumstances. HB0301
0392 Sunset Laws University of Tennessee board of trustees, June 30, 2013. HB0539
0393 Medical Occupations Exempts from the education, certification, registration, credentialing, and examination requirements for radiologist assistants any person who, on or before December 31, 2006, was practicing as a radiology practitioner assistant in this state and submits proof of that practice, an application, and the certification fee on or before December 31, 2007. HB1197
0394 Flags States that appropriate flag display protocol shall include the requirement that when flown on the same pole, the order of placement from top to bottom shall be the official United States flag, the official state flag, and other flags; applies only to flag poles on property owned, operated, or controlled by the state or any political subdivisions of the state, including educational institutions. HB1408
0395 Agriculture Creates Class A misdemeanor, punishable by fine and/or up to 30 days in jail, for a person to knowingly use a pesticide in a manner inconsistent with the label or label restrictions. HB1703
0396 Sunset Laws Terminates the military affairs commission. HB2001
0397 Sunset Laws Department of children's services, standards committee, June 30, 2011. HB2006
0398 Sunset Laws Standards committee, department of human services, June 30, 2011. HB2022
0399 Nurses, Nursing Removes requirement that persons who perform personal support services have eight hours training from a licensed, registered nurse in order to assist with administering medication; specifies type of assistance that may be provided. HB2087
0400 Highway Signs "Rosa L. Parks Boulevard," segments of Metro Center Boulevard and 8th Avenue North (U.S. Highway 41-A, State Route 12) in Metropolitan Nashville and Davidson County SB0004

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