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Legislative Activity for Week of March 25, 2013
SENATE ACTIVITY
TAX SUBCOMMITTEE OF FINANCE, WAYS & MEANS
MONDAY, MARCH 25, 2013 – 3:00 PM – LP 12
SB 1179 by *Gardenhire, Ketron (HB 0977 by *Harrison, et. al.)
Taxes - As introduced, replaces incorrect code references, including a reference to the tax on
annuity receipts for excise tax purposes, and a reference to the definition of "medical
equipment" for purposes of a certain franchise/excise tax credit, among other provisions.
SB 0182 by *Norris (HB 0176 by *McCormick)
Taxes - As introduced, delays effective date of certain streamlined sales tax provisions until
July 1, 2015.
SB 0183 by *Norris (HB 0177 by *McCormick)
Taxes, Business - As introduced, authorizes, in certain circumstances, commissioner of
revenue to disclose to local government officials the amount of business tax credit claimed by a
taxpayer for personal property taxes paid. The Chamber has worked with the DOR and
SUPPORTS the proposed amendment to this bill.
SB 0185 by *Norris (HB 0179 by *McCormick)
Taxes - As introduced, authorizes commissioner of revenue to require advance sales tax
payments by taxpayer who has monthly liability of at least $1,000, instead of requiring
commissioner to require advance sales tax payments by taxpayer who has monthly liability of
at least $500. - Amends TCA Title 67.
SB 0191 by *Norris, Overbey (HB 0185 by *McCormick, Sargent)
Taxes, Privilege - As introduced, extends the levy of the nursing home tax of $2,225 per
licensed bed per year from June 30, 2013, to June 30, 2015.
SB 0945 by *Southerland, Hensley (HB 1222 by *Hawk, Doss)
Taxes, Business - As introduced, returns collection of gross receipts tax to county clerks and
designated city officials. - Amends TCA Title 67, Chapter 4, Part 7.
SB 1181 by *Stevens (HB 0983 by *Holt)
Taxes, Excise - As introduced, increases reasonable rent allowance for determination of net
income from 2 percent to 5 percent per month of the appraised value of the property that is
rented from an affiliate. - Amends TCA Title 67, Chapter 4, Part 20.
FINANCE, WAYS AND MEANS COMMITTEE
TUESDAY, MARCH 26, 2013 – 8:00 AM– LP 12
SB 0837 by *Ketron, Bowling, Henry (HB 0610 by *Lundberg, et. al.)
Wine & Wineries - As introduced, allows cities and counties to hold a referendum to authorize
selling wine at retail food stores; creates permit to sell wine at retail food stores.
SB 0200 by *Norris, Johnson, Kelsey (HB 0194 by *McCormick, et. al.)
Workers Compensation - As introduced, requires administrator of division to have "7 years",
instead of "five years", of experience; requires settlements be approved by claims
commissioner or "a workers' compensation specialist", instead of "the commissioner of labor
and workforce development"; removes notice requirement for medical claims over $5,000; and
revises various deadlines. The Chamber has worked with the Governor’s office and
SUPPORTS the proposed amendment to this bill.
SB 0430 by *Overbey, Massey (HB 0342 by *Harrison)
Hospitals and Health Care Facilities - As introduced, extends for one year the nursing home
privilege tax and renames such tax the nursing home annual assessment fee.
SB 0163 by *Norris, Watson (HB 0157 by *McCormick, Harrison)
Hospitals and Health Care Facilities - As introduced, extends the tax on intermediate care
facilities for the mentally retarded to July 15, 2015. - Amends TCA Section 68-11-830.
SB 0197 by *Norris (HB 0191 by *McCormick)
Tennessee Regulatory Authority - As introduced, increases from 15 to 20 days after the entry
of an order, the time in which a party to a contested case who deems to be aggrieved by a final
order of the TRA and who desires to have the same modified or set aside may file a written
petition for rehearing.
STATE & LOCAL GOVERNMENT COMMITTEE
TUESDAY, MARCH 26, 2013 – 10:30 AM– LP 12
SB 1000 by *McNally (HB 0062 by *Hawk)
Taxes, Ad Valorem - As introduced, increases the maximum property value from .5 percent of
acquisition value to one-third of installation costs, to be consistent with valuation of wind
production facilities for certified green energy production facilities that use solar, geothermal
and hydrogen energy. The Chamber has worked with the Comptroller’s office and
SUPPORTS the proposed amendment to this bill.
SB 0932 by *Ford, Yager (HB 0744 by *Cooper , et. al.)
Building Commission, State - As introduced, requires that edges of stair steps in public
buildings be marked with anti-slip paint for the benefit of the sight-impaired.
SB 0661 by *Massey (HB 0558 by *Harrison)
Industrial Development - As introduced, prohibits certain industrial development corporations
from negotiating or entering into any payment in lieu of tax agreement or lease.
SB 0787 by *Watson, Ramsey (HB 0643 by *Casada)
Campaigns and Campaign Finance - As introduced, removes prohibition on insurance
companies making campaign contributions; increases contribution limits for political party and
caucus campaign committees.
JUDICIARY COMMITTEE
TUESDAY, MARCH 26, 2013 – 1:00 PM– LP 12
SB 0959 by *McNally, Bowling (HB 1199 by *Ragan)
Eminent Domain - As introduced, grants certain property owners, or their heirs or assigns,
whose land is taken by eminent domain the right to repurchase such property in certain
circumstances; requires local legislative bodies to conduct public hearings and a majority vote
prior to taking property by eminent domain. - Amends TCA Title 29, Chapter 17.
HEALTH AND WELFARE COMMITTEE
TUESDAY, MARCH 26, 2013 – 4:00 PM– LP 12
SB 1269 by *Watson, et. al. Southerland (HB 1164 by *McCormick, et. al.)
Hospitals and Health Care Facilities - As introduced, exempts certain persons from having
certain qualifications to perform certain tests in certain medical laboratories. The Chamber
SUPPORTS this bill as it is to be amended.
EDUCATION COMMITTEE
WEDNESDAY, MARCH 27, 2013 – 10:30 AM– LP 12
SB 1330 by *Norris (HB 1276 by *McCormick, White M)
Education, Higher - As introduced, creates the Labor Education Alignment Program (LEAP) to
allow participating students to apply combined occupational training and academic experience
toward attaining post-secondary credentials needed for employment in high-technology
industries in the state; authorizes technology centers and community colleges to establish a
program; outlines the duties of the department of economic and community development, the
higher education commission, and the department of labor and workforce development in
administering and implementing the program.
SB 0196 by *Norris, Kelsey, Summerville (HB 0190 by *McCormick, Dunn)
School Vouchers - As introduced, enacts the "Tennessee Choice & Opportunity Scholarship
Act." The Chamber SUPPORTS this administration bill.
COMMERCE AND LABOR COMMITTEE
WEDNESDAY, MARCH 27, 2013 – 2:30 PM– LP 12
SB 0490 by *Campfield (HB 0502 by *Casada)
Labor - As introduced, requires certain political activities by labor organizations be funded
separately through voluntary donations of members and not through regularly collected dues. -
Amends TCA Title 50, Chapter 1.
SB 0725 by *Campfield (HB 0913 by *Casada)
Labor - As introduced, authorizes state employees belonging to a public employee organization
to pay dues for only collective bargaining, contract administration and grievance procedures;
prohibits work stoppages; changes number of state employees who are entitled to attend
statewide meeting of an employee organization from 5 percent to 3 percent. - Amends TCA
Title 8, Chapter 23 and Title 8, Chapter 50.
SB 0806 by *Finney L (HB 0718 by *Powell, et. al.)
Business and Commerce - As introduced, enacts the "Made in Tennessee Act" and establishes
a program whereby certain producers may use the official Made in Tennessee Label. - Amends
TCA Title 4, Chapter 3, Part 7.
SB 0929 by *Ford (HB 1176 by *Towns)
Consumer Protection - As introduced, makes the selling of a consumer item with a radio
frequency identification tag (RFID) a violation of the Consumer Protection Act unless such
RFID is removed upon purchase of the item. - Amends TCA Title 47, Chapter 18.
SB 1075 by *Ford (HB 1171 by *Towns)
Consumer Protection - As introduced, renames "Tennessee Identity Theft Deterrence Act of
1999" to "Tennessee Identification and Personal Information Protection Act of 2013"; includes
unauthorized transfer of personal information under such act.
SB 1209 by *Johnson, Ramsey (HB 0850 by *Marsh)
Salaries and Benefits - As introduced, removes certain prevailing wage requirements for the
construction industry.
SB 1286 by *Tracy, et. al. (HB 1265 by *Brooks K, Williams R, et. al.)
Insurance, Health, Accident - As introduced, requires health insurance policies to cover
screening, diagnosis and treatment of autism spectrum disorders.
HOUSE ACTIVITY
TRANSPORTATION SUBCOMMITTEE
TUESDAY, MARCH 26, 2013 – 8:00 AM– LP 30
HB 0030 by *Sexton. (SB 0069 by *Burks.)
Motor Vehicles - As introduced, requires a motor vehicle dismantler and recycler or scrap
metal processor to search for and satisfy any lien on a motor vehicle that is 12 years or older if
purchasing such vehicle without seeing and obtaining a copy of the title.
HB 0515 by *Dean, *Rogers, *Hardaway. (SB 0657 by *Tracy.)
Highways, Roads and Bridges - As introduced, defines "milldam" for purposes of the
prohibition on county legislative bodies from permitting a milldam that interrupts the
navigation of streams. - Amends TCA Title 54 and Title 55 relative to transportation.
STATE GOVERNMENT COMMITTEE
TUESDAY, MARCH 26, 2013 – 8:00 AM– LP 29
HB 0913 by *Casada. (*SB 0725 by *Campfield.)
Labor - As introduced, authorizes state employees belonging to a public employee organization
to pay dues for only collective bargaining, contract administration and grievance procedures;
prohibits work stoppages; changes number of state employees who are entitled to attend
statewide meeting of an employee organization from 5 percent to 3 percent. - Amends TCA
Title 8, Chapter 23 and Title 8, Chapter 50.
HB 0500 by *Casada, et. al. (SB 0595 by *Johnson, et. al.)
Secretary of State - As introduced, creates office of the repealer for four-year period.
HB 0583 by *Matheny, *Sargent. (SB0717 by *Bell.)
State Employees - As introduced, revises various provisions governing the structure of certain
state agencies, councils, boards and commissions.
INSURANCE AND BANKING COMMITTEE
TUESDAY, MARCH 26, 2013 – 9:00 AM– LP 16
HB 0881 by *Pitts, *Sargent. (*SB 1145 by *Green.)
Insurance, Health, Accident - As introduced, regulates navigators for exchanges under the
Affordable Care Act in terms of state insurance producer law.
CONSUMER AND HUMAN RESOURCES COMMITTEE
TUESDAY, MARCH 26, 2013 – 10:30 AM– LP 30
HB 0554 by *McDaniel. (SB 0628 by *Gresham.)
Unemployment Compensation - As introduced, requires the commissioner of labor and
workforce development to make the text of the Tennessee Employment Security Law, the
commissioner's regulations and general rules, the commissioner's annual reports to the
governor, and any other material the commissioner deems relevant and suitable available in an
electronic format on the department's web site.
HB 0173 by *McCormick, *Ragan. (*SB 0179 by *Norris, *Tracy.)
Safety - As introduced, repeals the existing Hazardous Chemical Right to Know Law; requires
employers to comply with federal Hazard Communication Standard and enacts certain other
new requirements regarding information to be provided to employees working with hazardous
chemicals. - Amends TCA Section 50-3-2001 et seq.
HB 0549 by *Curtiss. (*SB 0519 by *Burks, *Bowling.)
Workers Compensation - As introduced, allows individuals to be exempt from the workers'
compensation requirements if such individual is a member of a recognized religious sect or
division and is an adherent of established tenets or teachings of such sect or division by reason
of which such individual is conscientiously opposed to acceptance of the benefits provided by
the workers' compensation laws.
AGRICULTURE AND NATURAL RESOURCES COMMITTEE
TUESDAY, MARCH 26, 2013 – 10:30 AM– LP 16
PRESENTATION BY
MAX SHILSTONE, BUSINESS DEVELOPMENT DIRECTOR OF CLEAN LINE ENERGY
HB 1066 by *Keisling. (SB 1232 by *Tracy.)
Water - As introduced, transfers administration of the Water Environmental Health Act from the department of environment and conservation to the department of commerce and insurance.
- Amends TCA Title 62 and Title 68, Chapter 221, Part 9.
HB 0153 by *McCormick, *Rogers. (*SB 0159 by *Norris, *Southerland.)
Environment and Conservation, Department of - As introduced, revises the manner in which
contested case hearings will be heard on appeals from certain actions taken by the
commissioner or from various boards regarding environment and conservation. The Chamber
has worked with the Department of Environment & Conservation and SUPPORTS the
amendment to this bill.
HB 1098 by *Durham, et. al. (*SB1080 by *Johnson, et. al.)
Motor Vehicles - As introduced, provides an exemption from annual emissions testing for
certain new vehicles purchased from a dealer. The Chamber OPPOSES this bill.
HB 1272 by *Matheny, et. al. (*SB 0852 by *Ketron, *Bell, *Tracy.)
Energy - As introduced, enacts the "Energy Independence Act of 2013."
EDUCATION COMMITTEE
TUESDAY, MARCH 26, 2013 – 12:00 PM– LP 16
HB 0241 by *Brooks H, *Hardaway. (*SB 0019 by *Tracy, et. al.)
Lottery, Scholarships and Programs - As introduced, establishes an additional award, the
STEM stipend, from net lottery proceeds for Tennessee HOPE scholarship recipients who are
majoring in STEM fields; sets STEM stipend at $1,000 for the 2013-2014 academic year
subject to appropriation and sufficient net lottery proceeds. The Chamber SUPPORTS this
legislation.
HB 0705 by *Brooks H, *DeBerry J, *Lollar. (*SB 0634 by *Tracy.)
Education - As introduced, requires the state board of education to seek a national nonprofit
education organization with which to partner in the Tennessee Advanced Placement
Partnership; requires the state to pay for AP and career and technical certification examinations
for public high school students. - Amends TCA Title 49. The Chamber SUPPORTS this
legislation by the College Board.
LOCAL GOVERNMENT COMMITTEE
TUESDAY, MARCH 26, 2013 – 12:00 PM– LP 30
HB 0643 by *Casada. (SB 0787 by *Watson, *Ramsey.)
Campaigns and Campaign Finance - As introduced, removes prohibition on insurance
companies making campaign contributions; increases contribution limits for political party and
caucus campaign committees.
HB 0964 by *Todd. (*SB 0915 by *Niceley.)
Planning, Public - As introduced, allows development standards in effect on date of application
for building permit or approval of preliminary plat or site plan to remain the standards for final approval of the development.
HB 0135 by *Keisling. (SB 0613 by *Yager.)
Growth and Development - As introduced, revises procedure for amending growth plans;
establishes procedure for adoption of a revised growth plan.
BUSINESS AND UTILITIES SUBCOMMITTEE
TUESDAY, MARCH 26, 2013 – 12:00 PM– LP 29
HB 1215 by *Lynn, *Swann. (*SB 1274 by *Gresham.)
Water - As introduced, requires manufacturers of products added to public water systems to
verify the safety of such products to the system operators. The Chamber OPPOSES this bill.
TRANSPORTATION COMMITTEE
TUESDAY, MARCH 26, 2013 – 1:30 PM– LP 16
MAX SHILSTONE, BUSINESS DEVELOPMENT DIRECTOR OF CLEAN LINE ENERGY
HB 0178 by *McCormick. (*SB 0184 by *Norris, *Yager.)
Motor Vehicles, Titling and Registration - As introduced, requires that registration renewal
notices include a link to a web site that contains information concerning the Used Oil
Collection Act; replaces present requirement for a promotional campaign that requires that
such notices contain information regarding oil collection sites and a toll-free telephone
information number established by the department of environment and conservation. - Amends
TCA Title 55.
GOVERNMENT OPERATIONS COMMITTEE
TUESDAY, MARCH 26, 2013 – 1:30 PM– LP 31
HB 1268 by *Farmer. (SB 1307 by *Southerland.)
Building Commission, State - As introduced, requires state building commission to include
mechanism for encouraging use of Tennessee lumber and engineered wood products in public
building projects in the commission's rules, regulations and standards.
HB 0718 by *Powell, et. al. (*SB 0806 by *Finney L.)
Business and Commerce - As introduced, enacts the "Made in Tennessee Act" and establishes
a program whereby certain producers may use the official Made in Tennessee Label.
HB 0838 by *Matheny, *Ragan. (*SB 0568 by *Bell.)
Industrial Development - As introduced, creates term limits for members of regional megasite
authority boards of directors. - Amends TCA Title 4 and Title 64, Chapter 6.
CRIMINAL JUSTICE SUBCOMMITTEE
TUESDAY, MARCH 26, 2013 – 2:30 PM– LP 31
HB 1287 by *McCormick. (*SB 1140 by *Norris.)
Recycling - As introduced, increases the size requirements of the posted notice for a metals
recycling facility. - Amends TCA Title 39.
FINANCE, WAYS & MEANS COMMITTEE
TUESDAY, MARCH 26, 2013 – 3:00 PM– LP 16
HB 0193 by *McCormick, et. al. (*SB 0199 by *Norris, et. al.)
Taxes, Sales - As introduced, lowers the state sales tax on food and food ingredients for human
consumption from 5.25 percent to 5 percent.
HB 0550 by *Curtiss. (SB 0943 by *Southerland.)
Air Pollution - As introduced, deletes provision authorizing local governments to enforce more
stringent open burning requirements than provided by state law.
FINANCE, WAYS & MEANS SUBCOMMITTEE
WEDNESDAY, MARCH 27, 2013 – 10:00 AM– LP 16
HB 0999 by *Sexton, et. al. (*SB 0422 by *Kelsey, et. al.)
Taxes, Alcoholic Beverages - As introduced, excludes from the wholesale price, for purposes
of calculating the wholesale beer tax, the amount of state or federal beer barrelage tax. -
Amends TCA Title 57, Chapter 6.
HB 0194 by *McCormick, et. al. (*SB 0200 by *Norris, *Johnson, *Kelsey.)
Workers Compensation - As introduced, requires administrator of division to have "7 years",
instead of "five years", of experience; requires settlements be approved by claims
commissioner or "a workers' compensation specialist", instead of "the commissioner of labor
and workforce development"; removes notice requirement for medical claims over $5,000; and
revises various deadlines. The Chamber has worked with the Governor’s office and
SUPPORTS the proposed amendment to this bill.
HB 0062 by *Hawk. (SB 1000 by *McNally.)
Taxes, Ad Valorem - As introduced, increases the maximum property value from .5 percent of
acquisition value to one-third of installation costs, to be consistent with valuation of wind
production facilities for certified green energy production facilities that use solar, geothermal
and hydrogen energy. - Amends TCA Title 67.
HB 0977 by *Harrison, et. al. (*SB 1179 by *Gardenhire, *Ketron.)
Taxes - As introduced, replaces incorrect code references, including a reference to the tax on
annuity receipts for excise tax purposes, and a reference to the definition of "medical
equipment" for purposes of a certain franchise/excise tax credit, among other provisions.
CONSUMER AND HUMAN RESOURCES SUBCOMMITTEE WEDNESDAY, MARCH 27, 2013 – 10:00 AM– LP 30
HB 1176 by *Towns. (*SB 0929 by *Ford.)
Consumer Protection - As introduced, makes the selling of a consumer item with a radio
frequency identification tag (RFID) a violation of the Consumer Protection Act unless such
RFID is removed upon purchase of the item. - Amends TCA Title 47, Chapter 18.
HB 0502 by *Casada. (*SB 0490 by *Campfield.)
Labor - As introduced, requires certain political activities by labor organizations be funded
separately through voluntary donations of members and not through regularly collected dues.
BUSINESS AND UTILITIES COMMITTEE
WEDNESDAY, MARCH 27, 2013 – 11:30 AM– LP 16
HB 0558 by *Harrison. (SB 0661 by *Massey.)
Industrial Development - As introduced, prohibits certain industrial development corporations
from negotiating or entering into any payment in lieu of tax agreement or lease. - Amends TCA
Title 7, Chapter 53, Part 3.
HB 1000 by *Haynes, et. al. (*SB 0609 by *Yager, et. al.)
Professions and Occupations - As introduced, enacts the "Fairness in Ticketing Act of 2013." -
Amends TCA Title 62.
HB 0850 by *Marsh. (SB 1209 by *Johnson, *Ramsey.)
Salaries and Benefits - As introduced, removes certain prevailing wage requirements for the
construction industry.
HEALTH COMMITTEE
WEDNESDAY, MARCH 27, 2013 – 1:00 PM– LP 16
HB 1164 by *McCormick, et. al. (SB 1269 by *Watson, et al.)
Hospitals and Health Care Facilities - As introduced, exempts certain persons from having
certain qualifications to perform certain tests in certain medical laboratories. The Chamber
SUPPORTS this bill as it is to be amended.
AGRICULTURE AND NATURAL RESOURCES SUBCOMMITTEE
WEDNESDAY, MARCH 27, 2013 – 1:00 PM– LP 29
HB 0877 by *McDaniel, et. al. (SB 1349 by *Yager, et. al.)
Fees - As introduced, requires that a minimum of $1.00 of each tire pre-disposal fee is returned
to the county where the fee was collected to be used for waste tire disposal.
HB 0952 by *Wirgau. (*SB 1160 by *Stevens.)
Solid Waste Disposal - As introduced, requires notice and a hearing prior to any increase in the classification of a landfill or prior to expanding the categories of authorized waste at a landfill.
The Chamber OPPOSES this bill.
HB 0960 by *McManus. (*SB 1046 by *Kelsey.)
Air Pollution - As introduced, authorizes Memphis to select vendors to administer emissions
testing for motor vehicles in the city; vendors must be approved by the local health department;
a contract for such service may not exceed 36 months and may be renewed only after
determining the vendor is operating within standards prescribed by the health department.
HB 0945 by *Swann, *Matheny, *Gilmore. (*SB 0941 by *Southerland.)
Solid Waste Disposal - As introduced, prohibits disposal of aluminum cans and recyclable
plastic beverage bottles in landfills, subject to certain restrictions, and allows local
governments to request waiver from requirement. The Chamber SUPPORTS this bill as it is
to be amended.
HB 1178 by *Towns. (*SB 0930 by *Ford.)
Gas, Petroleum Products, Volatile Oils - As introduced, defines truck stops to include refueling
stations and gas stations.
HB 0115 by *Gilmore. (SB 0507 by *Niceley.)
Energy - As introduced, establishes a Green public schools task force to develop a model green
cleaning policy and to assist public schools in achieving LEED certification. The Chamber
OPPOSES this bill.
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