Grocers began a well-organized campaign at the state capitol this week to sell wine in grocery and convenience stores. Jarron Springer, president of the Tennessee Grocer and Convenience Store Association, says wine is one of the few products which doesn’t face marketplace price competition. Now it’s only sold in liquor stores. Thirty three other states in the United States allow the sale of wine in retail food stores, including five of the eight states that border Tennessee. The Tennessee Farm Wineries group is also in favor of the bill. Meanwhile, a bill to allow wine sales over the internet was deferred to the last meeting of a House subcommittee – which doesn’t bode well for the measure.
The Senate Education Committee signed off today on a higher education budget that will likely require a tuition increase for students and their families in the fall. Higher education officials say state colleges will try to keep the increase under 10-percent. Richard Rhoda, executive director of the Tennessee Higher Education Commission, says state appropriations aren’t expected to grow over last year, but there isn’t a decision yet on how much more students will pay. A Senate panel, faced with limited dollars in a tight financial year, added $30 million to the state budget for new construction at state schools but had no way to fund those projects. As a result of a lagging economy, Bredesen did not propose any new construction projects at state colleges and universities in his budget unveiled earlier this year. With top higher education officials looking on, the Senate panel conditionally approved $177 million in new bonds for seven capital construction projects at state colleges and universities. A new, $18 million classroom building at Nashville State Community College would be one of those projects constructed. Lawmakers, however, need to come up with $30 million this year to get construction going. Members of the Senate Education Committee did not have that kind of money available to fund the projects, but that didn’t stop them from approving the $30 million in the Republican-sponsored amendment.
Gov. Phil Bredesen outlined Thursday his details of the "Long-Term Care Community Choices Act of 2008," the state's plan to simplify access to home- and community-based services and increase the number of people able to stay at home for long-term care needs. Bredesen marked this as the year to deliver on his promise to expand alternatives to nursing homes for elderly and physically disabled residents through the TennCare program, the state's largest payer of long-term care services. Among the problems with the current long-term care system identified by Bredesen are that access and options are limited, services are fragmented and overly complicated, and resources are limited and inefficiently used.
Over the past month, TennCare officials held more than two dozen working sessions and informational meetings with more than 20 key stakeholder groups. They've worked side by side with the bipartisan Long-Term Care legislative study committee to solicit input on needed changes to the long-term care system.
Committees are meeting with a full round of bills in each meeting. The House of Representatives is still lagging behind the Senate in movement of bills, and there have even been rumors of a recess by the Senate so the House can catch up. So far, those rumors have proven to be false.
Please call if you have questions.
Tennessee Legislation Service (c) 2008 M. Lee Smith Publishers
Friday, March 7, 2008 |
ALCOHOLIC BEVERAGES |
SB 0634*
HB 1750
(Full Text) |
Allows sale of alcohol on Sundays that are certain holidays. Allows retailers to sell alcoholic beverages on Sundays between the hours of noon and eleven p.m. and on Labor Day, the Fourth of July, and New Year's Day. (S: Marrero; H: Jones U.)
Senate Status: Failed in Senate State & Local Government 03/13/2007 for lack of a second.
House Status: Referred to House Local Government Subcommittee. |
SB 0680*
HB 0787
(Full Text) |
Cannot sell beer or alcohol near drug treatment facility. Authorizes counties and cities to adopt ordinance or resolution that prohibits sale of beer and alcoholic beverages within 2,000 feet of a drug or alcohol treatment facility. (S: Bunch; H: Campfield)
Senate Status: Referred to Senate State & Local Government.
House Status: Referred to House Local Government Subcommittee. |
SB 0795*
HB 1324
(Full Text) |
ID tags on beer kegs. Requires retailers to place identification tag on kegs containing beer that identifies the seller. Requires purchaser to pay a minimum deposit of $75 and to sign a registration form. Directs department of revenue to prescribe and supply forms for keg identification so that buyers and sellers can be held accountable for unlawful purchases. Violation is a Class C misdemeanor. (S: Burchett; H: Briley)
Senate Status: Referred to Senate State & Local Government.
House Status: Taken off notice in House Local Government Subcommittee 04/18/2007. |
SB 1221*
HB 1194
(Full Text)
Public Chapter (PDF) |
Special occasion license for certain events. Allows charitable, nonprofit, or political organization to obtain special occasion license for event in political subdivision that has approved sale of alcoholic beverages for consumption on the premises. Clarifies current law that specifies approval only of the sale of alcoholic beverages at retail on the premises. (S: Cooper J.; H: Harmon)
Senate Co-Sponsor: Haynes House amendment 1 rewrites the bill to authorize the Swiss Colony in Gruetli-Lager to give samples of homemade wine at its annual festival.
Senate Status: Senate passed 05/07/2007.
House Status: House 04/09/2007 passed with amendment 1.
Other Status: Enacted as Public Chapter 0203 (effective 05/22/2007). |
SB 1223*
HB 1529
(Full Text)
Public Chapter (PDF) |
Special occasion license for charitable organization. Permits alcoholic beverage commission to issue a special occasion license to certain 501(c)(3) organizations for selling wine in closed containers for consumption on or off premises. Allows any resident of Tennessee to donate wine to such organizations. (S: Cooper J.; H: Odom)
Senate Co-Sponsors: Haynes; Kyle; Norris; Marrero Senate amendment 1 requires organization to have $1,000,000 annual budget. Also requires donated bottles of wine to be properly registered with the department of revenue.
Senate Status: Senate 05/07/2007 passed with amendment 1.
House Status: House passed 05/24/2007.
Other Status: Enacted as Public Chapter 0342 (effective 06/05/2007). |
SB 1224*
HB 1755
(Full Text) |
Retail license holder may offer free samples of wine. Permits entities holding a retail license or a winery license to provide free samples of wine to consumers on the premises under certain circumstances. Subjects those who violate specified requirements while providing samples to suspension of license or a fine of up to $3,000. (S: Cooper J.; H: Jones U.)
Senate Co-Sponsor: Haynes
House Co-Sponsor: Tindell
Senate Status: Taken off notice in Senate State & Local Government 05/01/2007.
House Status: Taken off notice in House Local Government Subcommittee 05/09/2007. |
SB 1807*
HB 2120
(Full Text)
Public Chapter (PDF) |
Any wine made from 50 percent TN fruit - unlimited sale. Allows any winery selling wine made from 50 percent of any Tennessee fruit to sell it on premises without restriction on number of gallons sold where grapes were previously the only fruit under this provision. (S: Ketron; H: Litz) Senate amendment 1 allows any winery selling wine made from 50 percent of any Tennessee agricultural product to sell it on premises without restriction on number of gallons sold. Clarifies that bill's provision apply to Tennessee fruit only. House amendment 1 substitutes the word "grapes" for "agricultural products" and provides that gift, tourism, or wine related items may be sold on the premises of a licensed winery.
Senate Status: Senate 06/06/2007 concurred in House amendment 1.
House Status: House 05/29/2007 passed with amendment 1.
Other Status: Enacted as Public Chapter 0433 (effective 06/18/2007). |
SB 1821*
HB 1658
(Full Text) |
Registration period for beer manufacturers, distributors. Increases time period from 20 to 25 days for manufacturer or distributor of beer to register at the office of the commissioner of revenue. Broadly captioned. (S: Bunch; H: Mumpower)
Senate Status: Referred to Senate State & Local Government.
House Status: Caption bill held on House clerk's desk. |
SB 1879
HB 1119
(Full Text) |
Beer distributors' registration. Increases time period during which beer distributors must register with commissioner of revenue from 20 to 25 days. (S: Jackson; H: Buck)
Senate Status: Referred to Senate State & Local Government.
House Status: Caption bill held on House clerk's desk. |
SB 1977*
HB 1850
(Full Text) |
Wine direct shipper license. Creates wine direct shipper license to be issued through the alcoholic beverage commission that would allow an in-state or out-of-state entity to ship wine directly to consumers age 21 years or older in this state for personal use. (S: Stanley; H: Todd)
Senate Co-Sponsor: Jackson
House Co-Sponsor: Casada
Senate Status: Set for Senate State & Local Government 03/11/2008.
House Status: Taken off notice in House Local Government Subcommittee 03/05/2008. |
SB 2072
HB 1899*
(Full Text) |
Sales of wine by certain retail food stores. Prescribes the creation of an additional class of licenses allowing the sale of wine at retail food stores. (S: Marrero; H: Kernell)
Senate Status: Failed in Senate State & Local Government 03/13/2007 for lack of a motion.
House Status: Referred to House Local Government Subcommittee. |
SB 2289
HB 1825*
(Full Text) |
Wholesaler's license expansion. Allows wholesaler's licenses to be granted in any municipality that has approved the sale of alcoholic beverages rather than only those with a minimum population of 100,000. (S: Burchett; H: Lundberg)
Senate Status: Referred to Senate State & Local Government.
House Status: House Local Government Subcommittee deferred to July 2008. |
SB 2686*
HB 2824
(Full Text) |
Allows direct shipment of wine for personal consumption. Authorizes the direct shipment of wine for personal consumption to residents of Tennessee who are 21 years of age or older. Requires wine manufacturer, producer, supplier, importer, wholesaler, distributor or retailer to obtain a wine direct shipper license prior to sending any shipments to residents. Specifies that a licensee cannot ship more than two 9-liter cases of wine annually to any person for that person's personal use. Specifies other requirements for licensee. (S: Jackson; H: Shepard)
Senate Status: Referred to Senate State & Local Government.
House Status: House Local Government Subcommittee deferred to last calendar. |
SB 2814
HB 2730*
(Full Text) |
Direct shipment of wine to consumers. Authorizes the direct shipment of wine for personal consumption to residents of Tennessee who are 21 years of age or older. Requires wine manufacturer, producer, supplier, importer, wholesaler, distributor or retailer to obtain a wine direct shipper license prior to sending any shipments to residents. Specifies that a licensee cannot ship more than two 9-liter cases of wine annually to any person for that person's personal use. Gives authority to the alcoholic beverage commission and the department of revenue to promulgate rules and regulations for the creation of a direct shipper license. (S: Roller; H: Fraley)
Senate Status: Referred to Senate State & Local Government.
House Status: Withdrawn in House 03/03/2008. |
SB 2959*
HB 3516
(Full Text) |
Direct shipper license for wine shipments to TN residents. Creates direct shipper license to be issued through the alcoholic beverage commission. The license will allow an in-state or out-of-state entity to ship wine directly to consumers age 21 years or older in this state for personal use. Sets out specific requirements for licensing including a $300 licensing fee. Limits the amount of wine that can be shipped annually to each purchaser. (S: Ketron; H: Jones U.)
Senate Status: Set for Senate State & Local Government 03/11/2008.
House Status: Referred to House Local Government Subcommittee. |
SB 2996*
HB 4161
(Full Text) |
Furnishing of alcoholic beverages to persons under 21. Extends coverage of the dram shop act where alcoholic beverages or beer were furnished to a person known to be under the age of 21 or furnished to an obviously intoxicated person. Current law only applies to the selling of alcoholic beverages or beer to such persons. (S: Herron; H: Fincher)
Senate Status: Referred to Senate State & Local Government.
House Status: Introduced 1/31/2008 |
SB 3121*
HB 3035
(Full Text) |
Fees collected by alcoholic beverage commission. Requires the alcoholic beverage commission to deposit all taxes and fees that the commission collects with the state treasury for the general fund. (S: Burchett; H: Tindell)
Senate Status: Referred to Senate State & Local Government.
House Status: Referred to House Local Government Subcommittee. |
SB 3139*
HB 3451
(Full Text) |
Sales of wine by certain retail food stores. Creates an additional class of licenses allowing the sale of wine at certain retail food stores. Specifies that these licenses are to be known as "wine at food store licenses" and are to be issued by the alcoholic beverage commission. Limits issuance of such licenses to retail food stores located in a county or municipality that has authorized the sale of alcoholic beverages by local option election. (S: Ketron; H: Rinks)
Senate Status: Referred to Senate State & Local Government.
House Status: Referred to House Local Government Subcommittee. |
SB 3427*
HB 3974
(Full Text) |
Sale of alcohol at premier type tourist resort. Authorizes sale of alcohol for on-premises consumption at a commercially operated premier type tourist resort that is located on at least 500 acres, has at least 50 rooms used for overnight accommodations, and serves at least two meals a day in a dining room that seats a minimum of 50 persons. (S: Burchett; H: Armstrong)
Senate Status: Referred to Senate State & Local Government.
House Status: Referred to House Local Government Subcommittee. |
SB 3641
HB 2772*
(Full Text) |
On-premises consumption for tourist resort. Authorizes sale of alcohol for on-premises consumption at a commercially operated premier type tourist resort. Requires that the resort be located on at least 500 acres and have at least 50 rooms used for overnight accommodations. Dining room must serve at least two meals a day in a space that will accommodate 50 diners. (S: Ketron; H: Jones U.)
Senate Status: Referred to Senate State & Local Government.
House Status: Referred to House Local Government Subcommittee. |
SB 3661
HB 3118*
(Full Text) |
Advertising of alcohol's harmful effects. Requires advertising for alcoholic beverages to mention dangers of alcoholism, effects of alcohol on liver and mind, and increased incidence of domestic violence involving use of alcoholic beverages. (S: Finney R.; H: DuBois)
Senate Status: Set for Senate State & Local Government 03/11/2008.
House Status: Referred to House Local Government Subcommittee. |
SB 3706
HB 2791*
(Full Text) |
Seating requirement for premier type tourist resorts. Decreases the seating requirements to be classified as a commercially operated recreational facility under premier type tourist resort law for purposes of serving alcohol subject to the requirements of the part. Decreases seating requirements from 150 persons at tables to 100 persons in clubhouse facilities and from 190 persons to 80 persons in private clubhouses. (S: Haynes; H: Odom)
Senate Status: Set for Senate State & Local Government 03/11/2008.
House Status: House passed 02/25/2008. |
SB 3774*
(Full Text) |
Sale of Jack Daniels seized during raids. Requires bottles of Jack Daniels whiskey seized during fall 2007 raids in Davidson and Moore counties to be offered at public sale or displayed at state museum. Specifies that revenues from the sale of such whiskey are to be used for drug and alcohol rehabilitation and prevention programs. (S: Haynes)
Senate Co-Sponsor: Roller
Senate Status: Referred to Senate State & Local Government. |
SB 3824*
HB 4005
(Full Text) |
Manufacturers of wine to contract with wholesalers. Requires manufacturers and importers of wine in this state to contract with Tennessee wholesalers of their choice to sell their brands in this state. Also requires the manufacturers and importers to file copies of pertinent documents with the department of revenue. Requires the department of revenue to notify the manufacturer or importer to cease distribution to unregistered manufacturers or importers in this state until such brands are properly registered and also to notify the ABC to suspend any permit issued to any such manufacturer until registration is complete. Categorizes any wine products not properly registered after 30 days from date of notification as contraband and prescribes they be sold in accordance with seizure laws. (S: Ketron; H: Johnson C.)
Senate Status: Set for Senate State & Local Government 03/11/2008.
House Status: Referred to House Local Government Subcommittee. |
SB 3863*
HB 3690
(Full Text) |
Fines collected by Alcoholic Beverage Commission. Requires all fines, taxes, and fees the ABC collects to be deposited with the state treasury for the general fund, instead of having such collections earmarked specifically for the ABC's use. (S: Burchett; H: Tindell)
Senate Status: Referred to Senate State & Local Government.
House Status: Referred to House Local Government Subcommittee. |
SB 3930*
HB 3861
(Full Text) |
Fines collected by alcoholic beverage commission. Requires alcoholic beverage commission to deposit any fines collected into the general fund instead of having such fines earmarked for the commission's use. (S: Burchett; H: Tindell)
Senate Status: Set for Senate State & Local Government 03/11/2008.
House Status: Set for House State & Local Government Committee 03/11/2008. |
SB 3988
HB 3809*
(Full Text) |
Selling of alcoholic beverages on paddlewheel steamboat. Removes requirement under current law that specifies that for the licensee to sell alcoholic beverages for consumption on a paddlewheel steamboat, the vessel must provide overnight accommodations to its passengers. (S: Stanley; H: Rinks)
Senate Status: Referred to Senate State & Local Government.
House Status: House passed 03/03/2008. |
COMMERCIAL LAW |
SB 0850*
HB 1019
(Full Text) |
Processing fees charged for use of debit or credit card. Prohibits card issuer from charging a processing fee to retail merchants for the use of credit or debit cards that is more than seventy-five hundredths of one percent (0.75 percent) per transaction for all processing fees involving the use of a credit or debit card. (S: Kilby; H: Ferguson)
Senate Status: Senate Commerce, Labor & Agriculture deferred to 05/01/2007.
House Status: Taken off notice in House Utilities, Banking & Small Business Subcommittee 04/10/2007. |
CRIMINAL LAW |
SB 3426
HB 3183*
(Full Text) |
Non-Smoker Protection Act - redefines health care facility. For purposes of Non-Smoker Protection Act, expands the definition of health care facility to include the physical area immediately adjacent to a hospital's main buildings and other areas and structures not strictly contiguous located on hospital property and within 250 yards of the main buildings. (S: Burchett; H: Shaw) Senate amendment 1 changes definition of "health care facility" to include property that is controlled by the hospital and is within 25 yards of buildings of the hospital where medical care is delivered.
Senate Status: Re-referred to Senate Calendar Committee 03/06/2008.
House Status: Referred to House Agriculture Subcommittee. |
EDUCATION |
SB 3475*
HB 3431
(Full Text) |
THEC - promulgation of regulations for proprietary schools. Directs THEC to promulgate rules and regulations for the operation of proprietary schools. Specifies that such rules include requiring each institution to provide written information to potential students on annual tuition, disclosure of all pertinent information about the school's programs and courses, and degree requirements for instructors. (S: Burks; H: Odom)
Senate Status: Referred to Senate Education.
House Status: Taken off notice in House Education Special Initiatives Subcommittee 03/05/2008. |
SB 3477*
HB 3428
(Full Text) |
Operation and governance of TN post secondary education. Requires the Tennessee Higher Education Commission to promulgate rules and regulations for requirements to operate proprietary schools, including the use of a new fee collection scale which calculates an institution's annual gross tuition revenue based on the institution's previous fiscal year. (S: Burks; H: Odom)
Senate Status: Referred to Senate Education.
House Status: Taken off notice in House Education Special Initiatives Subcommittee 03/05/2008. |
SB 3478*
HB 3429
(Full Text) |
Operation and governance of TN post secondary education. Authorizes the Tennessee Higher Education Commission to promulgate rules and regulations to increase fee structure for proprietary schools in Tennessee. Designates proceeds from such increased fees shall be used by the THEC to increase the number of regulation staff. (S: Burks; H: Odom)
Senate Status: Referred to Senate Education.
House Status: Taken off notice in House Education Special Initiatives Subcommittee 03/05/2008. |
GOVERNMENT REGULATION |
SB 3175
HB 2949*
(Full Text) |
Holders of licenses, certifications or registrations. Requires regulating entities to notify a holder of a license, certification, or registration of existing applicable laws and changes in applicable laws. Adds policies, in addition to statutes, rules and regulations to the requirement for notification. (S: Johnson J.; H: Lynn)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture 01/29/2008.
House Status: Set for House State & Local Government Committee 03/11/2008. |
SB 3436*
HB 3631
(Full Text) |
Requires governor appointees on certain non-profit boards. Requires all non-profit organizations receiving more than $100,000 in state funds to have a member on the board appointed by the governor. Requires such member to serve for a term of at least four years. (S: Burchett; H: Kernell)
House Co-Sponsors: Cooper B.; Coley; Lollar
Senate Status: Taken off notice in Senate State & Local Government 02/26/2008.
House Status: Set for House State Government Subcommittee 03/12/2008. |
HEALTH CARE |
SB 3210*
HB 2991
(Full Text) |
Requiring of certificates of need. Increases the threshold amount accepted for the acquisition of any medical equipment for service to patients from $1,500,000 to $2,000,000. (S: Jackson; H: Overbey)
Senate Status: Set for Senate General Welfare 03/12/2008.
House Status: Referred to House Health Care Facilities Subcommittee. |
SB 3267*
HB 3886
(Full Text) |
Long-Term Care Identification and Assessment Act. Requires the bureau of TennCare to establish a system of independent professional assessments of individuals living in institutions as well as individuals seeking long-term care services through Medicaid or other state and federal programs. Requires the assessments be conducted by independent evaluators qualified to assess and make recommendations regarding appropriate long-term care services, including home- and community-based services. Requires preliminary assessments to be completed within five days for people seeking to enter long-term care facilities who do not currently reside there. Requires the bureau to perform preliminary assessments of those people currently residing in long-term care facilities by July 1, 2009. Requires that subsequent assessments take place between 24 and 36 months later. Grandfathers in individuals who have resided three or more years in a long-term care facility and those individuals who are there for only a period of less than three months. Requires the board to take steps to administer a transition within 90-180 days when a person wishes to transition to home- and community-based care and is approved by the evaluator. Requires the commission on aging and disability, hospitals, and institutions for long-term care to provide information regarding assessment to their respective parties. Requires the bureau to report its findings to several appropriate agencies. (S: Johnson J.; H: Mumpower)
Senate Status: Referred to Senate General Welfare, Health & Human Resources.
House Status: Referred to House Health & Human Resources. |
SB 3643*
HB 3504
(Full Text) |
Hospitals subject to open meetings and public records laws. Exempts hospitals discussing and developing marketing strategies and strategic plans, including feasibility studies, from open meetings law and public records law until such action is adopted by the hospital board. (S: Ketron; H: Jones U.)
Senate Status: Set for Senate General Welfare 03/12/2008.
House Status: Set for House State & Local Government Committee 03/11/2008. |
SB 3667
HB 3311*
(Full Text) |
Testing certain patients for MRSA. Requires hospitals to test every patient arriving as a resident from a nursing home for the antibiotic resistant infection methicillin resistant staphylococcus aureus (MRSA). (S: Finney R.; H: Maggart)
Senate Status: Referred to Senate General Welfare.
House Status: Referred to House Health Care Facilities Subcommittee. |
SB 3887*
HB 4013
(Full Text) |
Home medical service providers - medicare participation. Redefines "home medical equipment provider" and "home medical equipment services." Clarifies that home medical service providers are not prohibited from participating in the federal Medicare program. (S: Crowe; H: Armstrong)
Senate Status: Referred to Senate General Welfare.
House Status: Referred to House Health & Human Resources. |
SB 4047*
HB 4031
(Full Text) |
Hearing screenings for newborns. Requires that every newborn infant be screened for hearing loss prior to discharge from hospital, unless parent objects on religious grounds. Specifies that a child born outside the hospital setting or in a hospital that provides care in less than 100 births per year be referred to the department of health for such screening. Requires those who do not pass the hearing test be referred to the TN Early Intervention System. Requires certain insurance plans and HMOs to provide coverage for infant hearing screening tests. Failure to comply with these requirements is a Class C misdemeanor. (S: Burchett; H: Sontany)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Referred to House Commerce Industrial Impact Subcommittee. |
SB 4144
HB 4100*
(Full Text) |
Revisions to healthcare-related statutes. Requires enrollee or applicant for TennCare uninsured or uninsurable coverage to notify TennCare Bureau of any material change to such person's application by mailing documentation to the bureau of such change within 15 days. Current law requires documentation to be mailed within 30 days. Revises other health care-related statutes, such as requiring the commissioner of health to consult with TennCare bureau, in addition to Tennessee Hospital Association, prior to early completion of the hospital statistics report. Broadly captioned. (Part of Administration Package.) (S: Kyle; H: Odom)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Caption bill held on House clerk's desk. |
SB 4148
HB 4104*
(Full Text) |
Licensure renewal for health care facilities. Allows a health facility licensee to renew its license within 60 days following the license expiration date upon payment of the renewal fee in addition to a late penalty established by the board for each month or fraction of a month that payment for renewal is late. Penalty cannot exceed twice the renewal fee. Requires any licensee who fails to renew within the 60 days to reapply for licensure as if for the first time. (Part of Administration Package.) (S: Kyle; H: Pruitt)
Senate Co-Sponsor: Herron
House Co-Sponsor: Odom
Senate Status: Referred to Senate General Welfare.
House Status: Referred to House Health Care Facilities Subcommittee. |
INSURANCE GENERAL |
SB 3137
HB 2650*
(Full Text) |
Reporting requirements for medical malpractice claims. Clarifies that certain professional self-insurers must report to the Department of Commerce and Insurance regarding claims for medical or professional malpractice. Also requires reporting by lawyers who represent clients in making medical or professional malpractice claims. Requires reporting entities to include the amount previously reserved on all claims closed during the reporting year in the report. Includes specific disclaimer language related to case reserves to be included by the Department in each report. Revises requirements for the Department's annual report to the House and Senate. (S: Ketron; H: Hackworth)
Senate Status: Set for Senate Commerce, Labor & Agriculture Committee 03/11/2008.
House Status: Referred to House Judiciary. |
PUBLIC EMPLOYEES |
SB 4100
HB 4068*
(Full Text) |
Mandatory retirement for certain EMS personnel. Authorizes certain political subdivisions to establish a mandatory retirement age for certain emergency management services personnel. Retirement age shall be at least 60 years old. Permits certain EMS personnel, being 55 years of age or older and having at least 25 years of creditable service, to retire early. (S: Kyle; H: Moore)
Council on Pensions and Insurance comment: This bill would extend the mandatory retirement provisions that relate to public safety officers to emergency medical dispatchers, emergency medical technicians, and emergency medical technician-paramedics who are employed by local governments participating in TCRS provided the political subdivision passes a resolution authorizing the provisions, and accepting the liability therefore. Enactment of this bill will have no fiscal impact on the State.
Senate Status: Referred to Senate State & Local Government.
House Status: Referred to House State Government Subcommittee.
Other Status: Council on Pensions & Insurance 03/03/2008 returned with unfavorable recommendation. |
TAXES BUSINESS |
SB 1394*
HB 1193
(Full Text) |
Increased tax on cigarettes and wine. Increases tax on spirits from $4.40 per gallon to $4.50 per gallon. Also increases tax on wine from $1.21 per gallon to $1.31 per gallon. Increases tax on cigarettes from 10 mills per cigarette to 1.5 cents per cigarette. (S: Crutchfield; H: Harmon)
Senate Status: Taken off notice in Senate Finance Tax Subcommittee 03/20/2007.
House Status: Referred to House Finance Budget Subcommittee. |
SB 2659*
HB 3100
(Full Text) |
Tax credits for small business providing health benefits. Provides a tax credit for small business employers that provide health benefits to employees. Defines "small business" as a taxpayer that employs no more than 25 eligible employees throughout the taxable year. (S: Black; H: Curtiss)
Senate Co-Sponsors: Herron; Norris
House Co-Sponsors: Sargent; McDaniel; Harrison
Senate Status: Set for Senate Finance Tax Subcommittee 03/11/2008.
House Status: Referred to House Finance, Ways & Means. House Government Operations will review if recommended. |
TAXES SALES |
SB 1802*
HB 1296
(Full Text) |
Exemptions for certain licensed wholesalers and retailers. Exempts certain sales of tangible personal property and services made by licensed wholesalers and retailers from a central warehouse or distribution point other than its principal place of business from sales and use tax. (S: Ketron; H: Sargent)
Senate Status: Taken off notice in Senate Finance Tax Subcommittee.
House Status: Referred to House Finance Budget Subcommittee. |
SB 1974*
HB 2158
(Full Text) |
Alcoholic beverages sold for consumption on premises. Specifies that the burden of proving that a taxpayer's records are inaccurate for the purpose of projecting taxpayer sales of alcoholic beverages for on-premises consumption from the taxpayer's wholesale purchases shall be on the department of revenue, (S: Haynes; H: Briley)
House Co-Sponsor: Jones U.
Senate Status: Senate 06/11/2007 passed.
House Status: Taken off notice in House Finance Budget Subcommittee 06/11/2007. |
TENNCARE |
SB 3095
HB 2938*
(Full Text) |
Act to Save Rural Hospitals of 2008. Changes disposition of essential access funds to hospitals. Revises distribution of essential access funds to hospitals participating in TennCare program. Establishes a special set aside for distribution exclusively to rural hospitals. Defines rural hospital as one located in a county of less than 88,000 in population, with a TennCare utilization of 15 percent or greater. (S: Kilby; H: Windle)
Senate Status: Senate General Welfare deferred to 03/12/2008.
House Status: House Health Care Facilities Subcommittee deferred to 03/12/2008. |
TORT LIABILITY |
SB 2929*
HB 3053
(Full Text) |
Medical malpractice as health care liability action. Directs the code commission to replace all references to "medical malpractice action" with "health care liability action". Specifies that recoverable damages shall not include expenses that have been discounted or forgiven. Clarifies that noneconomic losses may be awarded, against health care practitioners or health care facilities, in an amount not to exceed $250,000, as long as the aggregate amount of damages awarded for non-economic losses does not exceed $500,000. Authorizes a trial court to order that awards of $75,000 or more be paid in periodic payments rather than by lump sum. Prohibits a health care provider from being required to post bond of more than $1,000,000 in order to stay an execution pending the appeal. Changes maximum compensation amounts for claimant's attorney from 33 1/3 percent of all damages to the following specified limitations: 40 percent of first $50,000 recovered; 33 1/3 percent of next $50,000 recovered; 25 percent of the next $500,000 recovered; 15 percent of any amount recovered exceeding $600,000. Adds that an action against an attorney for legal malpractice may not be based solely on the fact that damages awarded exceeded the amount sought in the ad damnum. Requires plaintiffs to file a HIPAA-compliant authorization form when filing complaint and to file, within 90 days of filing complaint, an affidavit of an expert competent to testify (9 pp). (S: Stanley; H: Mumpower)
Judicial Council Comment: Directs the code commission to replace all references to "medical malpractice action" with "health care liability action". Specifies that recoverable damages shall not include expenses that have been discounted or forgiven. Clarifies that noneconomic losses may be awarded, against health care practitioners or health care facilities, in an amount not to exceed $250,000, as long as the aggregate amount of damages awarded for non-economic losses does not exceed $500,000. Authorizes a trial court to order that awards of $75,000 or more be paid in periodic payments rather than by lump sum. Prohibits a health care provider from being required to post bond of more than $1,000,000 in order to stay an execution pending the appeal. Changes maximum compensation amounts for claimant's attorney from 33 1/3 percent of all damages to the following specified limitations: 40 percent of first $50,000 recovered; 33 1/3 percent of next $50,000 recovered; 25 percent of the next $500,000 recovered; 15 percent of any amount recovered exceeding $600,000. Adds that an action against an attorney for legal malpractice may not be based solely on the fact that damages awarded exceeded the amount sought in the ad damnum. The Judicial Council noted that the attorney fee limitations set out in this legislation should be compared to Supreme Court Rules on assessing attorney fees to determine if the limits set out in the legislation are consistent with those set out in the Supreme Court Rules.
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Civil Practice Subcommittee.
Other Status: Tennessee Judicial Council reviewed 02/21/2008 with comment. |
SB 4075
HB 4053*
(Full Text) |
Tort actions against long-term care facilities. Provides that tort actions against long-term care facilities involving health-related services are to be brought solely as medical malpractice action. Allows a long-term care facility to require any patient as a condition of admission to enter into an arbitration agreement as part of the patient admission process. Prohibits long-term care facility from discharging patient, once admitted, for failure to enter into an arbitration agreement. Clarifies that there is no limit on the amount of economic loss that can be recovered in a long-term care tort action. Specifies that the maximum amount of non-economic loss recoverable in any long-term care tort action for injury or death is $300,000. (S: Tracy; H: Rinks)
House Co-Sponsors: DeBerry L.; DuBois; Watson E.; Overbey; Matheny; Curtiss; McDaniel; McManus; Lundberg; Pinion; Mumpower; Harmon
Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Civil Practice Subcommittee. |
TRANSPORTATION GENERAL |
SB 2571*
HB 2590
(Full Text) |
Parking for disabled. Requires businesses to provide disabled parking. Specifies if at least four disabled parking spots are provided, one parking space should be van accessible. Requires van accessible parking spaces to be at least nine feet wide and to have an adjacent access aisle that is at least eight feet wide. (S: Marrero; H: Richardson)
Senate Status: Set for Senate Transportation 03/12/2008.
House Status: Set for House Public Safety & Rural Roads Subcommittee 03/11/2008. |
