Summary of Legislation Introduced by Senator Norris and Enacted into Law by the 104th General Assembly

Senate Joint Resolution (SJR) 1

The passage of my Senior Citizens Homestead Exemption allows local municipalities the option of freezing property tax levels for seniors. If passed and adopted locally, the Homestead Exemption freezes the amount of property tax imposed on a residence when a taxpayer turns 65. Since a Constitutional Amendment is required, the voters will confirm this measure when it appears as a referendum on the November gubernatorial ballot.

Public Chapter 560 on May 26, 2006
Senate Bill 2705
House Bill 2526 
Tort Liability and Reform - Authorizes the governor by executive order for 30 days to extend certain liability protection to certain health professionals in a declared emergency. - Amends TCA Section 58-2-107.  The legislation provides liability protection for medical professionals treating those in natural disasters or declared emergency conditions. 

This law extends Tennessee’s Good Samaritan protections to medical personnel rendering care under emergency or disaster conditions. As such, it increases the availability of licensed physicians and medical professionals at ground-zero during a natural disaster or any site under declared emergency conditions.   

The measure comes in response to medical personnel shortages seen in New Orleans last year.  During the Hurricane Katrina disaster, many physicians and paramedics were reluctant to volunteer due to potential liability concerns.

Public Chapter 730 on May 30, 2006
Senate Bill 3756
House Bill 3643 
Criminal Offenses - Prohibits sellers of radar detectors from offering to pay or paying the speeding citations of purchasers of radar detectors; violation is punishable by up to a $500 fine. - Amends TCA Title 39, Chapter 17. 

Sellers of radar detectors are now prohibited from offering to pay or paying the speeding tickets of drivers purchasing their products.  These “ticket rebates” are now a Class B misdemeanor punishable by a fine of up to $500 per violation. 

This issue stemmed from an unusual commercial on the radio promising cash rebates to cover the cost of your ticket if you were caught speeding while using their products.  In the legal sense, the company was indemnifying speeding, and promoting dangerous behavior by promising to pay the fine.  With passage of Senate Bill 3756 into law, it is now illegal.

Public Chapter 730 on May 30, 2006
Senate Bill 3756
House Bill 3643 
Criminal Offenses - Prohibits sellers of radar detectors from offering to pay or paying the speeding citations of purchasers of radar detectors; violation is punishable by up to a $500 fine. - Amends TCA Title 39, Chapter 17. 

Sellers of radar detectors are now prohibited from offering to pay or paying the speeding tickets of drivers purchasing their products.  These “ticket rebates” are now a Class B misdemeanor punishable by a fine of up to $500 per violation. 

This issue stemmed from an unusual commercial on the radio promising cash rebates to cover the cost of your ticket if you were caught speeding while using their products.  In the legal sense, the company was indemnifying speeding, and promoting dangerous behavior by promising to pay the fine.  With passage of Senate Bill 3756 into law, it is now illegal.

Public Chapter 732 on May 30, 2006
Senate Bill 3512
House Bill 3877 
Motor Vehicles - Clarifies that habitual offender status includes offenses of adult driving while impaired, reckless driving, drag racing or evading arrest in a motor vehicle. - Amends TCA Section 55-10-603. 

The new law expands the list of offenses qualifying as “habitual” crimes and  adds the offenses of adult driving while impaired, reckless driving, drag racing or evading arrest in a motor vehicle to Tennessee’s list of habitual offender offenses.  The change will result in tougher sentencing guidelines.  

This law addresses those offenses endangering motorists and discourages reckless behavior behind the wheel. Now, someone repeatedly disregarding the safety of others is subject to tougher sentences.

Public Chapter 734 on May 30, 2006
Senate Bill 1580
House Bill 0197 
Equalization Board - Requires Shelby County Board of Equalization to notify in writing each municipality that appoints members to the board of its prorated share of funding for the board. - Amends TCA Section 67-1-401.

Public Chapter 739 on May 30, 2006
Senate Bill 2930
House Bill 3476 
Taxes, Real Property - Extends the authorization to all counties and municipalities which presently only permits Davidson County to appropriate funds for property tax relief for elderly and disabled homeowners and disabled veterans. - Amends TCA Section 67-5-701(j).

This new law authorizes all counties and municipalities to appropriate additional funds for property tax relief for elderly and disabled homeowners and disabled veterans.

Public Chapter 796 on May 26, 2006
Senate Bill 2836
House Bill 2878 
Municipal Government - Authorizes municipal government to create a design review commission which shall have the authority to develop specific review and approval procedures for the exterior appearance of non-residential property, multiple family residential property, and any entrance to residential or non-residential developments. - Amends TCA Title 6, Chapter 2, Part 2 and Title 13, Chapter 4.

Public Chapter 817 on June 14, 2006
Senate Bill 3804
House Bill 3911 
Taxes, Real Property - Clarifies that the right of redemption of property terminates one year following the date of the tax sale instead of one year after entry of an order of confirmation of the tax sale by the court. - Amends TCA Section 67-5-2702.

Public Chapter 879 on June 21, 2006
Senate Bill 2917
House Bill 2532 
Highway Patrol - Establishes the criminal investigation division within the highway patrol. - Amends TCA Title 4, Chapter 7.

Public Chapter 916 on July 5, 2006
Senate Bill 3513
House Bill 3356 
Economic and Community Development - Enacts the "Visual Content Act of 2006." - Amends TCA Title 4, Chapter 3, Part 50; Title 4, Chapter 3, Part 7; Title 49, Chapter 7; Title 49, Chapter 8 and Title 67.

This law encourages economic development through film and television production in Tennessee.  Last year, the state lost at least $68 million in film business to surrounding states.

There are significant benefits for the state from these projects bringing large economic benefits and jobs.  These incentives allow us to seek out film and television production like other revenue-producing industries.

Public Chapter 15 on March 29, 2005
Senate Bill 634
House Bill 658 
Traffic Safety - Clarifies that when a traffic light is flashing, drivers should stop if it is flashing red and yield if it is flashing yellow. - Amends TCA Section 55-8-110.

Public Chapter 113 on May 4, 2005
Senate Bill 1576
House Bill 1557
Privacy, Confidentiality - Specifies that disclosure of medical information in response to a subpoena, court order, or request authorized by state or federal law is not unlawful and there shall be no liability for such disclosure. - Amends TCA Title 63, Chapter 2, Part 1 and Title 68, Chapter 11, Part 15.

Bill Summary: Disclosure of medical information would be allowed, and there would be no liability, when the information is provided in response to a subpoena, court order, or request authorized by state or federal law.

Public Chapter 188 on May 19, 2005
Senate Bill 1578
House Bill 1638 
Workers' Compensation - Specifies that the penalty provisions of the comprehensive medical fee schedule and related system that the commissioner of labor and workforce development is authorized to establish by rule would not take effect until January 1, 2006. - Amends TCA Title 50, Chapter 6.

Bill Summary: Under present law, the commissioner of labor and workforce development, in consultation with the medical care and cost containment committee and the advisory council on workers' compensation, is authorized to establish by rule a comprehensive medical fee schedule and a related system including procedures for review of charges, enforcement, and appeals to implement the fee schedule. The rules are to take effect on July 1, 2005. The commissioner is authorized to use public necessity rules or emergency rules, as appropriate, in order to have such rules in effect on July 1, 2005. The bill also specifies that the penalty provisions established by such rules would not be effective until January 1, 2006 

Public Chapter 198 on May 19, 2005
Senate Bill 961
House Bill 821
Traffic Safety - Requires that every driver of a motor vehicle exercise due care to avoid collisions with any object in the road or legally placed beside a road; violation is Class C misdemeanor. - Amends TCA Section 55-8-136.

Bill Summary: Present law requires motorists to exercise due care when they encounter pedestrians on the roadway. This bill would require motorists to exercise due care to avoid other vehicles and objects that are legally present within or beside the right-of-way of any road. Any motorist who does all of the following would be considered to be compliant with this bill's requirement of due care: driving at a safe speed, maintaining a safe lookout, keeping the motor vehicle under proper control, and devoting their full time and attention to the operation of the vehicle.

Public Chapter 245 on May 27, 2005
Senate Bill 1584
House Bill 239
Economic and Community Development - Reduces the executive committee's number of annual meetings from eight to four; allows a county or city mayor to designate a representative to act on his or her behalf in all activities of the joint economic and community development board. - Amends TCA Title 6, Chapter 58.

Bill Summary: Present law requires each county to establish a joint economic and community board made up of county and city government representatives, private citizens, and industries and businesses. The board has to include the county mayor and city mayor or manager. There is an executive committee composed of members of the joint board. The executive committee must include the county mayor and the city managers or mayors of the larger cities in the county.

This bill would reduce the number of times the executive committee of the joint economic and community development board must meet from eight to four times a year. Under this bill, the executive committee must meet at least once a quarter.

This bill would also authorize a county or city mayor or manager to designate an alternate representative on the board and its executive committee. The alternate must have experience or education in administration, economic community development or planning, and be able to speak for the represented entity.

Public Chapter 225 on May 27, 2005
Senate Bill 1634
House Bill 2058
Short Term Loans and Lenders - Authorizes magistrates to issue a subpoena for a thumbprint taken and maintained by a pawnbroker pursuant to 45-6-209(b)(7). - Amends TCA Title 45, Chapter 6.

Public Chapter 246 on May 27, 2005
Senate Bill 1587
House Bill 408
Annexation - Provides that a municipality possesses exclusive power to annex areas located within its approved urban growth boundaries. - Amends TCA Section 6-58-111.

Chapter 265 on May 28, 2005
Senate Bill 2070
House Bill 2111
Sexual Offenses - Adds offense of rape of a child to various delinquent act and transfer provisions of juvenile code that were not amended when offense of rape of a child was created in 1992. - Amends TCA Title 37, Chapter 1; Title 37, Chapter 2 and Title 37, Chapter 5.

Bill Summary: This bill would include rape of a child along with other violent offenses, such as rape and murder, which have the following special applications when the offender is a juvenile:

(1) The principal of any school attended by a juvenile probationer who is required to attend school as a condition of probation and who was convicted of rape of a child would have to be notified of the offender's status.

(2) A minor charged with rape of a child could be prosecuted as an adult.

(3) A juvenile who is adjudicated delinquent for rape of a child could be confined for a specific amount of time up to such juvenile's 19th birthday.

(4) The court records and police reports for any minor who is aged 14 years or more and who is charged with delinquency for rape of a child would be open to public inspection.

(5) Any past convictions or adjudications for rape of a child would have to be disclosed to a foster parent before the foster parent contract was signed.

(6) The offense, "rape of a child," would be included as an offense that constitutes "child sexual abuse," which would authorize the department of children's services to investigate incidents in addition to the police and authorize the court to order the removal from the home where the child resides.

Public Chapter 278 on May 28, 2005
Senate Bill 1585
House Bill 407
Growth and Development - Alters the method of settling disputes between counties or municipalities and the county coordinating committee regarding comprehensive growth plans; revises proceedings and authority of dispute resolution panels; revises composition of dispute resolution panel; requires TACIR to study certain issues related to annexation and growth plans. - Amends TCA Section 6-58-104(b).


Bill Summary: This bill would alter the method of settling disputes between counties or municipalities and the county coordinating committee regarding comprehensive growth plans.

Under present law, if a recommended growth plan or revised growth plan is rejected, then the county or any municipality may declare the existence of an impasse and may request the secretary of state to provide an alternative method for resolution of disputes preventing ratification of a growth plan. Upon receiving such request, the secretary of state must appoint a dispute resolution panel consisting of three members; however, if the county and all municipalities agree, the secretary of state may appoint a single administrative law judge rather than a panel of three members.

Under this bill, the secretary would have discretion to appoint one to three members to the dispute resolution panel.

Present law requires that the panel attempt to mediate the unresolved disputes. If, after reasonable efforts, mediation does not resolve such disputes, then the panel must propose a non-binding resolution thereof. The county legislative body and the municipalities must be given a reasonable period in which to consider such proposal. If the county legislative body and the municipal governing bodies do not accept and approve such resolution, then they may submit final recommendations to the panel. For the sole purpose of resolving the impasse, the panel must adopt a growth plan. In mediating the dispute or in making a proposal, the panel may consult with the University of Tennessee or others with expertise in urban planning, growth, and development.

This bill would rewrite the above procedures so that if the county legislative body and the municipal governing bodies do not accept the non-binding proposal, then the secretary of state would appoint a new panel. This panel would have the ability to initiate formal proceedings for the purpose of obtaining sufficient information to make a decision. The proceedings must be in compliance with open meeting laws but not with the Uniform Administrative Procedures Act. This bill would allow the panel to consult additional sources for the resolution of the dispute.

Public Chapter 264 on May 28, 2005
Senate Bill 1968
House Bill 2058
Tort Liability and Reform - Allows governmental entity found liable under the GTLA for injuries arising out of provision of emergency services rendered pursuant to agreement to provide such services to pay for judgment or award up to the current limits allowed; requires that copy of annexation ordinance be given to any affected emergency communications district. - Amends TCA Title 6, Chapter 51, Part 1 and Title 29, Chapter 20.

Bill Summary: Under this bill, if a governmental entity is found liable for any injuries arising out of the provision of emergency services rendered pursuant to a mutual aid agreement, an automated response agreement, or any other agreement relating to the provision of emergency services, the governmental entity benefiting from the provision of such services could pay for any judgment or award rendered, subject to the following policy limits under present law:

(1) ACTIONS ARISING BEFORE JULY 1, 1987:
Minimum policy limits of:
(A) $40,000 for bodily injury or death of any one person in any one accident; and
(B) $80,000 for bodily injury or death of any two or more persons in any one accident.
In cases arising out of the ownership, maintenance, and use of automobiles, minimum policy limits of:
(A) $100,000 for bodily injury or death of one person in any one accident;
(B) $300,000 for bodily injury or death of two or more persons in any one accident; and
(C) $50,000 for injury to or destruction of property of others in any one accident.

In the event the governmental entity is unable to purchase insurance to cover its obligations, except through an assigned risk pool, then for judgments exceeding the policy limit, the limits of liability are $20,000 for injury to any one person resulting from one accident and $40,000 for all injuries resulting from one accident with a limit of $10,000 for property damages resulting from any one accident. If insurance is not purchased through an assigned risk pool, then the greater limits above apply.

(2) ACTIONS ARISING ON OR AFTER JULY 1, 1987, BUT BEFORE JULY 1, 2002:
Minimum policy limits of:
(A) $130,000 for bodily injury or death of any one person in any one accident, occurrence or act;
(B) $350,000 for bodily injury or death of all persons in any one accident, occurrence or act;
(C) $50,000, except as provided otherwise, for injury to or destruction of property of others in any one accident, except as provided otherwise; and
(D) $50,000 for injury to or destruction of property of others in any one accident, occurrence or act in cases arising out of the ownership, maintenance and use of automobiles.

(3) ACTIONS ARISING ON OR AFTER JULY 1, 2002, BUT BEFORE JULY 1, 2007:
Minimum policy limits of:
(A) $250,000 for bodily injury or death of any one person in any one accident, occurrence or act;
(B) $600,000 for bodily injury or death of all persons in any one accident, occurrence or act; and
(C) $85,000 for injury or destruction of property of others in any one accident, occurrence or act.

(4) ACTIONS ARISING ON OR AFTER JULY 1, 2007:
Minimum policy limits of:
(A) $300,000 for bodily injury or death of any one person in any one accident, occurrence or act;
(B) $700,000 for bodily injury or death of all persons in any one accident, occurrence or act;
(C) $100,000 for injury or destruction of property of others in any one accident, occurrence or act.

Any governmental entity electing to self-insure its liability must have the same limits of liability as if insurance had been purchased.

Under this bill, the rendering of services pursuant to a mutual aid or similar agreement would not be admissible against a municipality in an action contesting an annexation ordinance. This bill would require the legislative bodies of an annexing municipality to notify all emergency communications districts, 30 days prior to the annexation taking effect, of an updated list of all houses and roads affected by the annexation.

The bill clarifies that if a governmental entity is found liable under the GTLA for any injuries as a result of emergency services rendered under a written mutual aid, automatic response, operational agreement or any other agreement specifically entered between or among the parties, then the governmental entity benefiting from the provision of services could pay for any judgment or award rendered, subject to the policy limits under present law. Neither the rendering of services pursuant to a mutual aid agreement or similar agreement nor the provision of mutual aid or assistance under the Mutual Aid and Emergency and Disaster Assistance Agreement Act would be admissible as evidence against the municipality in an action contesting an annexation ordinance or declaratory judgment.

The bill's notification provision requires that the legislative body of an annexing municipality provide a copy of the annexation ordinance, along with a copy of the portion of the plan of services dealing with emergency services and a detailed map designating the annexed area, to any affected communications district upon final passage of the ordinance. In the event a municipality plans to begin providing emergency services immediately in an annexed territory that is being contested, the municipality must notify the district when the annexation becomes final. Compliance or noncompliance with this provision would not be admissible in an action against the municipality.

Public Chapter 347 on June 7, 2005
Senate Bill 2064
House Bill 2086
Methamphetamine - Provides for filing of notice of methamphetamine lab and certification of fitness relative to methamphetamine production in certain circumstances. - Amends TCA Title 8; Title 39; Title 55; Title 66 and Title 68.

Bill Summary: Present law authorizes local law enforcement personnel to quarantine property that was used as a methamphetamine laboratory. Any property that is quarantined as a methamphetamine laboratory must remain quarantined until a certified industrial hygienist, or another approved professional, certifies that the property is safe for human use. The law enforcement agency is required to notify all parties having a right, interest, or title to the property regarding the quarantine.

This bill would require local law enforcement to record a notice with the appropriate register of deeds for any property that is quarantined due to its use as a methamphetamine laboratory. Also, this bill would require the recording of a certificate of fitness with the appropriate register of deeds for any quarantined property that is certified as safe for human use by a certified industrial hygienist or other approved professional.

Also, this bill would exempt the owner of any quarantined property that is certified as safe for human use by a certified industrial hygienist or other approved professional from any liability for any lawsuit brought by a future owner, renter, or occupier of the property for damages resulting from the presence of a methamphetamine laboratory on the property.


Public Chapter 343 on June 7, 2005
Senate Bill 1643
House Bill 890
 
Handgun Permits - Exempts certain persons from the classroom hours requirement for handgun carry permits. - Amends TCA Section 39-17-1351.

Bill Summary: Present law requires a handgun permit applicant to submit proof of the successful completion of an approved handgun safety course including both classroom hours and firing range hours. An applicant is not required to comply with the firing range provisions if such applicant submits proof to the department of safety that within five years from the date the application for a handgun carry permit is filed the applicant has:

(1) Been certified by the peace officer standards and training commission;
(2) Successfully completed training at the law enforcement training academy;
(3) Successfully completed the firearms training course required for armed security officer/guard registration; or
(4) Successfully completed all handgun training of not less than four hours as required by any branch of the military.

The bill also specifies that an applicant would also be exempt from the classroom hours requirements if such applicant meets one of the above qualifications.

Any person who is not a law enforcement officer and who desires to carry a handgun must apply for a permit. One requirement of the handgun permit application process is a $115 application fee. The renewal fee for a handgun permit is $50.00.

Public Chapter 344 on June 7, 2005
Senate Bill 1646
House Bill 1376

Public Property - Authorizes local governments to own or operate, individually or jointly, a hot mix asphalt facility if the local government prepares a financial feasibility study that analyzes all appropriate costs and benefits related to the operation of a hot mix asphalt plant; establishes other requirements in regard to hot mix asphalt. - Amends TCA Section 12-8-101.

Bill Summary: Under present law, it is unlawful for stone products to be sold, traded, bartered, loaned or given away if they are produced in whole or in part by any state, county or municipally owned or operated plant, quarry, crusher, or stone processing plant.

It is also unlawful for the state or any political subdivision thereof, inclusive of counties and municipalities, to own or operate any plant or facility for the manufacture or production of hot mix asphalt. This does not prohibit a state or local government unit from expanding, replacing, altering or continuing any hot mix asphalt plant or facility in existence on March 29, 1976. Governmental units owning a hot mix asphalt plant or facility must comply with any state rule, regulation or standard for the quality of asphalt used in the construction of roads, streets or highways. The hot mix asphalt provisions do not apply to certain counties based on population or to counties with a metropolitan form of government. It should be noted that the attorney general has opined that such exclusions would be considered unconstitutional.

This bill would rewrite the above provisions to allow local governments, individually or jointly, to own or operate a plant or facility for manufacturing or producing hot mix asphalt if the local government can satisfactorily demonstrate a documented need for the facility and analysis of costs and benefits.

After the required analysis is compiled, the chief administrative officer of the highway, street, public works, or other department with discretion and control over the construction and maintenance of streets and highways would have to submit the information to the local governing body and recommend for or against owning or operating a hot mix asphalt plant or facility. If the facility will be owned or operated by multiple local governments, the proposal must be submitted to each governing body. The governing body must examine the proposal's feasibility and approve or deny the action in a separate resolution or ordinance.

This bill provides that it would not limit the authority of Davidson County from owning or operating a hot mix asphalt plant or facility, but the bill removes the county population bracket exclusions.

The comptroller of the treasury would conduct a performance audit of asphalt plants or facilities.

This bill specifies that asphalt produced in a plant operated by a local government must be used exclusively for paving public roads under such government's control. Each unit of a local government operating a plant would keep a detailed inventory of where all asphalt products produced by the plant are used.
 
Public Chapter 423 on June 17, 2005
Senate Bill 1627
House Bill 698

Handgun Permits - Adds requirement that applicant be a United States citizen or permanent lawful resident to criteria for handgun carry permit eligibility. - Amends TCA Section 39-17-1351.

Public Chapter 401 on June 17, 2005
Senate Bill 339
House Bill 1815

Motor Vehicles, Titling and Registration - Clarifies that the Financial Responsibility Law applies to every vehicle subject to the present law registration and certificate of title provisions; provides that a motor vehicle owner who is performing full-time service in the military and who is stationed outside the continental United States will be given a 14-day grace period from the date of such owner's return to Tennessee to renew the registration for any motor vehicle registered to such owner. - Amends TCA Title 55.

Bill Summary: Present law provides that "every vehicle driven on the highways of this state" must be in compliance with the Financial Responsibility Law. This bill would instead provide that "the Financial Responsibility Law applies to every vehicle subject to the present law registration and certificate of title provisions.” A motor vehicle owner who is performing full-time service in the military and who is stationed outside the continental United States will be given a 14-day grace period from the date of such owner's return to Tennessee to renew the registration for any motor vehicle registered to such owner.
 
Public Chapter 411 on June 17, 2005
Senate Bill 1583
House Bill 403

Annexation - Requires governing body of annexing municipality to develop plan of services for area to be annexed and requires municipality to provide notice of annexation ordinance or referendum vote selecting annexation and copy of plan of services to the mayor in whose county property to be annexed is located; requires other notice and revises other provisions regarding annexation. - Amends TCA Title 6, Chapter 51, Part 1.

Bill Summary: Present law authorizes municipalities to extend their borders through annexation by ordinance. There is a 30-day waiting period between final passage of an annexation ordinance and the date the annexation ordinance becomes operative.

This bill requires a municipality that passes an annexation ordinance to notify the county mayor of the annexation during the 30-day waiting period. The annexing municipality would notify the county mayor of the outcome of a quo warranto suit including final judgments and appeals. The municipality that proposes to annex a territory would provide a copy of the plan of services to the county mayor upon adoption of the plan. If the municipality proposes annexation by referendum, then the municipality would forward a copy of the certification of election results to the county mayor.

The legislative body of the annexing municipality or its designee would provide a copy of the annexation ordinance, along with a copy of the portion of the plan of services dealing with emergency services and a detailed map designating the annexed area, to any affected emergency communications district upon final passage of the ordinance. For contested annexation ordinances, in cases in which the municipality plans to begin providing emergency services in the annexed territory immediately, the municipality would notify the district when the annexation becomes final.

After receiving notice, the county mayor would notify the appropriate departments within the county regarding the information received from the municipality.
 
Chapter 447 on June 17, 2005
Senate Bill 1629
House Bill 669 

Teachers, Principals and School Personnel - Allows children of full-time public school technology coordinators to receive same tuition discount at state institutions of higher education as children of full-time certified public school teachers presently receive, which is 25 percent discount. - Amends TCA Section 49-7-119

Chapter 506 on May 27, 2005
Senate Bill 1596
House Bill 509

Special License Plates - Creates new special license plates; reclassifies certain plates; creates National Guard plate for motorcycles; extends the minimum order deadline for certain plates; clarifies jurisdiction of drug interdiction officers. - Amends TCA Title 4, Title 54 and Title 55.

104th General Assembly
103rd General Assembly
102nd General Assembly