2010 Legislative Session
We will send you a complete wrap up of this session as soon as it wraps up. Which should be Wednesday June 10th. A far cry from the first of May date that was talked about at the begining of the second year of the 106th legislative session.

While you have heard so much about the cuts here are a few positive items about the state budget, one in the form of a Federal grant and the hospitals being willing to step up and help out.

The budget has passed both the House and the Senate. This week they will deal with a few of the differences in language. Until this is done they can not adjourn. Also the bill called the Health Care Freedom Act bill will be discussed. SB 2560 HB 2622* Health Care Freedom Act. Prohibits the legislature from requiring any person to participate in any health care plan or from imposing any penalty or fine for choosing to obtain or decline health care coverage. Clarifies that Tennesseans have the right to purchase private healthcare coverage. (S: Black; H: Lynn)

It has been a tough year of looking at cuts and dipping into raining day funds. The state was very fortunate in March to receivig $500 million from the Federal Government in the form of a grant called, The Race to the Top. This help to relieve some presssure on the Department of Education.

Passage of the 3.5% coverage assessment on hospitals net patient revenues saved many rural and metro hospitals from closing. This was one of our focus points on Catholic Day on the Hill. Thank you to all those who came and participated. You made a difference. The “fee” eliminated the need for a $659 million dollare cut in TennCare. The “assessments “ that the hospitals will pay will produce $582 million in matching federal funds for the TennCare program, generalting a total of $892 million.

Other cuts restored that were of concern that have found their way back into the budget are the Governor's Office of Children's Care Coordination including their infant mortality work and the Centers of Excellence. It funds the adoption home studies and Relative Caregiver contracts in DCS. It also continues the work of the Select Committee on Children and Youth.

Tennessee  Catholic Public Policy Commission
Final legislative report for the 106th General Assembly

ABORTION

SB 3812
HB 3301* Victory
Facilities providing abortions - notice to patients. Requires places where abortions are performed to post a notice stating that no one can coerce another to have an abortion and informing the person that law enforcement can be contacted. Requires pregnant minors to receive and sign certain notice documents and the documents must be kept by the attending doctor for a certain period of time. Provides civil penalties for not complying with these requirements. (S: Johnson J.; H: Lynn)
Amendment: Senate amendment 1 deletes all language after the enacting clause and requires a medical facility in which abortions, other than those necessary to prevent the death of the mother, are performed to post a sign stating that it is against the law for anyone, regardless of his or her relationship to the pregnant woman, to coerce her into having an abortion or to perform an abortion on her against her will. Designates sign format and requires the placement of the sign to be in each patient waiting room and patient consultation room used by patients whom abortions are performed in a private physician office or ambulatory surgical treatment center and in the admissions or registration departments of a hospital or other facility. Creates civil penalties of $2,500 for a facility and $1,000 for a licensed physician for a violation and establishes that each day an abortion is performed in which the facility or physician have not met the signage standards is considered a separate violation. House amendment 1 deletes all language after the enacting clause and requires a medical facility in which abortions, other than those necessary to prevent the death of the mother, are performed to post a sign stating that it is against the law
for anyone, regardless of his or her relationship to the pregnant woman, to coerce her into having an abortion or to perform an abortion on her against her will. Sign format and placement requirements are included. Creates civil penalties of $2,500 for a facility and $1,000 for a licensed physician for a violation and establishes that each day an abortion is performed in which the facility or physician have not met the signage standards is considered a separate violation. House amendment 2 designates the placement of the sign in each patient waiting room and patient consultation room used by patients whom abortions are performed in a private physician office or ambulatory surgical treatment center and in the admissions or registration departments of a hospital or other facility.

 Senate 04/05/2010 concurred in House amendments 1 and 2.
 House 03/31/2010 passed with amendments 1 and 2.
 PC 0790 (effective 10/01/2010)

SB 2686
HB 2681* Victory
Coverage of abortion services. Prohibits coverage for abortion services
under any health care plan required to be established in this state
pursuant to federal health care reform legislation. (S: Black; H: Hill)

Senate passed 04/19/2010.
House passed 04/12/2010.
PC 0879 (effective 05/17/2010)

SJR 0127 Victory
Constitutional amendment - abortion. Adds new provision to Article I of the state constitution to provide that nothing in the constitution secures or protects right to abortion or requires the funding of an abortion. States that the people retain the right through their elected state representatives and state senators to enact, amend, or repeal statutes regarding abortion, including, but not limited to, circumstances of pregnancy resulting from rape or incest or when  necessary to save the life of the mother. (S: Black) Amendment: House amendment 1 specifies that the foregoing amendment shall be referred to the 107th General Assembly and this resolution proposing such amendment shall be published by the Secretary of State in accordance with Article XI, Section 3, of the Constitution of Tennessee. Also directs the clerk of the Senate to deliver a copy of this resolution to the Secretary of State.

Senate 06/02/2009 concurred in House amendment 1.
House 05/18/2009 heard on third reading, as amended, and concurred in SJR 127, as amended.
Sent to the speakers for signatures 06/02/2009.This will have to pass again next legislative session.  It will then go on the next ballot for the public to vote on.  To pass it must receive 50% plus one of the vote in the previous governor’s race.

SB 2392*
HB 2693 Victory
Murder of a pregnant woman. Adds murder committed against a pregnant woman while knowing the woman is pregnant to the list of offenses which a judge can impose a life imprisonment without possibility of parole or the death penalty sentence. (S: Jackson; H: Shepard)

Senate passed 06/04/2010.
House passed 06/03/2010.
Sent to the speakers for signatures 06/04/2010.

SB 1283*
HB 1598 Victory
Free exercise of religion. As introduced, prohibits a government entity from substantially burdening a person's free exercise of religion unless it demonstrates the application of the burden is essential to further a compelling government interest and is the least restrictive means of furthering that interest. (S: Bunch; H: Lynn) Amendment: House amendment 1 removes provision that states nothing in the act can be construed to be a granting of government funds, benefits, or exemptions. Adds provision stating that nothing in the act can create or preclude a right of any religious organization to receive funding or other governmental assistance or of any person to receive government funding for a religious activity.

Senate passed 06/16/2009.
House 05/28/2009 passed with amendment 1.
PC 0573 (effective 07/01/2009)

SB 1426*
HB 1706 Bill with drawn.
Healthcare Freedom of Conscience Act. Enacts the "Healthcare Freedom of Conscience Act." Allows health care providers to choose not to participate in the performance of a health care act that violates their conscience. Clarifies that such health care acts includes, but is not limited to, abortions, euthanasia, fetal experimentation, and physician-assisted suicide. Prohibits discrimination against individuals or institutions that decline to perform certain medical procedures or acts. (S: Stanley; H: Hensley)

Withdrawn in Senate 03/24/2010.
Referred to House Professional Occupations Subcommittee.

SB 2686
HB 2681*
Coverage of abortion services. Prohibits coverage for abortion services under any health care plan required to be established in this state pursuant to federal health care reform legislation. (S: Black; H: Hill)

Senate passed 04/19/2010.
House passed 04/12/2010.
PC 0879 (effective 05/17/2010)

IMMIGRATES

FINAL Comprehensive Memo
CAMPAIGNS & LOBBYING
SB 0005
HB 0010*
Photo ID required to vote. Changes requirements for voter registration form from simply including "such matter as the coordinator of elections requires" to listing the specific criteria. Requires applicant to sign a sworn statement of legal citizenship and residency. Provides the administrator of elections must reject any application for registration that is not accompanied by proof of citizenship and lists acceptable forms of proof. Clarifies that those already registered in the state will not be required to resubmit proof, and voters who do not have a photo ID can cast provisional ballots. Provides that those who cannot afford a photo ID can sign a pauper's oath and have one provided.(S: Ketron; H: Maggart)

Referred to Senate State & Local Government.
Referred to House Elections Subcommittee.

SB 0150*
HB 0639
Photo ID required to vote. Requires the voter to present to the registrar a valid form of identification that displays name, address and photograph of the voter. Allows a voter who is unable to present any identification to cast a provisional ballot. Allows a voter unable to afford a valid identification card to sign a pauper's oath and have any fees waived. (S: Ketron; H: Maggart) Amendment: Senate amendment 3 excludes persons voting in a licensed nursing home, home for the aged, or similar licensed institution from having to provide identification with a photograph of the voter. Requires verification of the provisional ballots within three days of the ballot being cast. Senate amendment 4 corrects a typographical error. Senate amendment 5 requires election officials to have any person submitting a provisional ballot sign a form that makes clear they must return within 24 hours to provide appropriate identification in order to have their vote counted. Senate amendment 6 exempts any person 65 or older from the requirement to show photo ID before voting.

Senate 04/13/2009 passed with amendments 3, 4, 5 & 6.
Taken off notice in House Elections Subcommittee 03/23/2010.

SB 0173*
HB 0640
Citizenship status must be proven prior to voting. Specifies the information required on printed voter registration forms must include the following: date the registrant signed the form; given name of the registrant; complete address; telephone number; state or country of birth; date of birth; occupation; Indian census number (optional); father's or mother's maiden name; social security number; statement as to whether or not the registrant is currently registered in another state, county or precinct; statement that the registrant is a U.S. citizen; statement that the registrant will be 18 before the date of the next general election; statement that the registrant has not been convicted of treason or a felony; statement that the registrant is a resident of this state and county in which the registrant is registering; signature; statement that the affidavit was completed according to the registrant's direction when applicable; statement that if an applicant declines to register to vote, the fact that the applicant has declined to register will remain confidential and will be used only for voter registration purposes; statement that if an applicant does register to vote, the office at which the applicant submits a voter registration application will remain confidential and will be used only for voter registration purposes; and a statement that the applicant will submit evidence of U.S. citizenship. Requires the registrar to reject the application if no evidence of citizenship is attached and specifies what documents constitute acceptable proof. Grandfathers in anyone currently legally registered to vote in the state. Requires a voter to present to the registrar one form of identification showing the name, address and photograph of the voter. (S: Ketron; H: Maggart)
Taken off notice in Senate State & Local Government 03/24/2010. Referred to House Elections Subcommittee.   

SB 0191
HB 0267*
Voters must present photo ID before voting. Requires a voter to present qualified photo ID before voting. Specifies that voters without proper photo ID are to be allowed to cast provisional ballots. (S: Bunch; H: Watson E.) Taken off notice in Senate State & Local Government 03/03/2009.
 Referred to House Elections Subcommittee. 

SB 0194
HB 0270*
Citizenship must be proven prior to registration. Requires satisfactory evidence of citizenship status to be proven prior to registration to vote.(S: Bunch; H: Watson E.)
Amendment: House amendment 1 rewrites the bill. Requires certain information be printed on the mail-in application for voter registration including a warning which states that providing false information to register or attempt to register to vote is a Class D felony punishable by confinement for not less than two years nor more than twelve years or a fine of not less than $1,000 nor more than $5,000, or both. Such registrant must also affirm that they are lawfully present in the United States. Current voter registration forms will be used until January 1, 2011, but on-line registration forms are required to be changed as soon as reasonably possible. Senate amendment 2 removes the requirement that voter registration forms must include a affirmation that the applicant is lawfully present in the U.S. Senate amendment 3 requires that voter registration forms include a statement that the applicant must submit evidence of U.S. citizenship with the application and that the registrar may reject the application if no evidence of citizenship is attached. This amendment authorizes the administrator of elections to reject any application for voter registration that is not accompanied by satisfactory evidence of U.S.
citizenship. The full text of this amendment includes a nonexclusive list of documents that will be considered satisfactory evidence of U.S. citizenship. Any person who is registered to vote in Tennessee on the date that this bill becomes a law will be deemed to have provided satisfactory evidence of citizenship and will not be required to provide such evidence. The administrator will be authorized to destroy documents that are submitted as proof of citizenship two years after
submission of such documents. This amendment replaces the present law permanent registration record form with a requirement that the permanent registration record must include the information that is required to be submitted with a registration form. This amendment also requires that each permanent registration record must include an affirmation that the registrant is a citizen of the U.S. This amendment requires that the coordinator of elections must consult with the
secretary of state in ascertaining what information is required on registration forms. Senate amendment 8 establishes that subsection (b) in the section immediately preceding the severability clause will only apply to new registrations. Senate amendment 10 adds the language
"satisfactory" before the language "Evidence of citizenship shall include" in subsection (a) of the section immediately preceding the severability clause.   

Senate 05/27/2010 refused to recede from its actions in Senate amendments 8, 10, 2 and 3.
House 06/04/2010 appoints conference committee.

SB 0886
HB 0850*
Citizenship status must be proven to vote. Requires citizenship status to be proven prior to registration to vote and requires certain procedures to ensure identity and citizenship status prior to voting. Obligates the administrator of elections to reject any application for registration that is not accompanied by satisfactory evidence of United States citizenship.(S: Ketron; H: Mumpower)   

Taken off notice in Senate State & Local Government 03/03/2009.     
Referred to House Elections Subcommittee.   

SB 1681
HB 0641*
Photo ID required for voting. Requires voter to present valid photographic identification before voting. Specifies that voters without proper identification will be allowed to cast provisional
ballots.(S: Ketron; H: Maggart)     

Taken off notice in Senate State & Local Government 03/03/2009.     
Referred to House Elections Subcommittee.   

SB 1999*
HB 1838
Proven citizenship status prior to registration to vote. Requires the printed voter registration form to include a statement that the applicant must submit evidence of U.S. citizenship with the application and that the registrar must reject the application if no evidence of citizenship is attached. Requires a voter to present to the registrar
one form of identification that bears the name, address and photograph of the voter.
(S: Norris; H: Todd)
Amendment: Senate State & Local Government Committee amendment 1, House Elections Subcommittee amendment 1 retains all provisions of the original bill but does the following: permits rather than requires the registrar to reject registration if no proof of citizenship is provided; and clarifies the intent of the general assembly that this act apply to new registration forms only and that any remaining printed forms be used until January.   

Senate deferred to 04/30/2009. 
Bill will stay in House Elections Subcommittee after Representative
McCormick chose not to move to recall the bill from the subcommittee in House State & Local 05/12/2009.     

SB 2684
HB 2750*
Voter registration notification forms. Specifies that if a registration notification form is returned to the county election commission of the applicant as undeliverable a second time, the voter's registration shall be purged with the form being treated as deficient. Allows a qualified voter to correct such form no later than five days before the election. Requires that registration cards be mailed, no longer allowing them to be given in person. Changes to the fourth Thursday after a primary election, from the third, the day on which the state coordinator of elections must declare winners. Requires that voting machines remain locked against voting a minimum of five days after the certification of the election, rather than ten days after an election.(S: Ketron; H: Todd)
Amendment: Senate amendment 1 changes the date the state coordinator of elections must publicly calculate and compare votes from "the third Thursday after a primary election" to the fourth Thursday after a primary election. Requires voting machines to remain locked against
voting for five days after the certification of the election and as much longer may be advisable or necessary because of a contest over the result of the election.     

Senate 06/03/2010 passed with amendment 1. 
House passed 06/04/2010.   
Sent to the speakers for signatures 06/04/2010.

COMMERCIAL LAW
SB 2712*   
HB 3018
Prohibition of international driver's licenses. Prohibits the selling or advertising of alleged international driver's licenses. Penalizes a violation of this section as a Tennessee Consumer Protection Act violation combined with certain civil penalties.(S: Kelsey; H: Richardson)
Amendment: House amendment 1 defines "international driver's license" as a document not issued by a governmental entity and implies a privilege to operate a motor vehicle on the streets of this state. 

Senate 05/10/2010 concurred in House amendment 1.   
House 05/05/2010 passed with amendment 1.   
PC 0918 (effective 07/01/2010)

CORRECTIONS
SB 1141
HB 0670*
Prisoners found to be in country illegally. Requires a keeper of jail or other officer to notify the department of homeland security by facsimile transmission or other means of prisoners whose citizenship status in this country cannot be determined at time of arrest from documents in the prisoner's possession or if person is in this country illegally.(S: Gresham; H: Dennis)
Amendment: HOUSE AMENDMENT 1 requires the keeper of the jail or other officer to send a copy of the person's booking records to the appropriate U.S. Immigration and Customs Enforcement Office of Investigations field office by fax, e-mail, or other appropriate means
within three business days of the person's arrest. SENATE AMENDMENT 6 incorporates the changes to this bill, as amended, as described in the summary for House Amendment 1 and exempts from the provisions of this bill as amended any county or municipality that has entered into or enters into a memorandum of understanding with the U.S. department of homeland security concerning enforcement of federal immigration laws. SENATE AMENDMENT 10 exempts Hamilton County. SENATE AMENDMENT 11 exempts Knox County. SENATE AMENDMENT 14 exempts Marion County. SENATE AMENDMENT 2 exempts Shelby County. SENATE AMENDMENT 3 exempts Dickson, Giles, Hickman, Humphreys, Lawrence, and Lewis counties. SENATE AMENDMENT 4 exempts Montgomery County. SENATE AMENDMENT 5 exempts Cheatham and Houston counties. SENATE AMENDMENT 9 exempts Carroll, Gibson, and Madison counties. SENATE AMENDMENT 12 exempts Robertson County. SENATE AMENDMENT 13 exempts Sumner County. SENATE AMENDMENT 23 exempts Sevier and Blount counties. SENATE AMENDMENT 24, as amended, strips all previously adopted amendments and rewrites the bill to require the Tennessee peace officer standards and training commission to develop a standardized written procedure for verifying the citizenship status of persons who are arrested, booked, or confined in a county or municipal jail or detention facility and report to the appropriate federal officials those persons who are determined to be in
the country illegally or for whom the citizenship status cannot be determined. This amendment requires the keeper of a jail to use such procedure to verify the citizenship status of each arrested, booked, or otherwise confined person and report those persons who are determined
to be in the country illegally to the appropriate federal officials. This amendment would not apply to any county or municipality that has entered into and is operating under a memorandum of understating with the U.S. department of homeland security concerning enforcement of
federal immigration laws or any county or municipality that is participating in the U.S. Immigration and Customs Enforcement Criminal Alien Program (CAP) or the state Criminal Alien Assistance Program. The bill would take effect on January 1, 2011. SENATE AMENDMENT 25 clarifies that if the person being arrested, booked, or confined is determined to be in the country illegally, then the person's citizenship status would be reported to "the appropriate Immigration and Customs Enforcement Detention and Removal Operations field office" instead of "the appropriate federal officials." SENATE AMENDMENT 28 exempts Montgomery County. SENATE AMENDMENT 29 exempts Houston and Cheatham counties. SENATE AMENDMENT 30 removes the exemption for counties and municipalities that participate in the state Criminal Alien Assistance Program. SENATE AMENDMENT 32 exempts Washington County from the bill. Conference Committee: Conference Committee Report on HB 670 / SB 1141 recommends that the following amendments be deleted: House Amendment 1 and Senate Amendments 6, 10, 11, 14, 2, 3, 4, 5, 9, 12, 13, 23, 24(as amended by 1 and 3), 25, 28, 29, 30, 32. Recommends that the following amendment be adopted: Rewrites the bill. Requires the Tennessee peace officer standards and training commission to develop a standardized written procedure for verifying the citizenship status of persons who are arrested, booked, or confined in a county or municipal jail or detention facility and report to the appropriate federal officials those persons who are determined to be in the country illegally or for whom the citizenship status cannot be determined. Requires the keeper
of a jail to use such procedure to verify the citizenship status of each arrested, booked, or otherwise confined person and report those persons who are determined to be in the country illegally to the appropriate federal officials. This amendment would not apply to any county or municipality that has entered into and is operating under a memorandum of understating with the U.S. department of homeland security concerning enforcement of federal immigration laws or any
county or municipality that is participating in the U.S. Immigration and Customs Enforcement Criminal Alien Program (CAP) or the state Criminal Alien Assistance Program. 

Senate 06/09/2010 adopted conference committee report. 
House 06/09/2010 adopted conference committee report.   
Sent to the speakers for signatures 06/09/2010.

SB 1209*   
HB 1437
Use of restraints on pregnant inmates. Prohibits a correctional institution from using restraints on a pregnant prisoner or detainee, including during labor, transport to a medical facility, delivery and post-partum, unless the corrections official makes an individualized determination that the prisoner or detainee presents an extraordinary circumstance that dictates restraints to ensure safety of the staff of the correctional institution or medical facility, other prisoners or the public. Expressly prohibits the use of leg or waist restraints on any prisoner or detainee who is in labor or delivery.(S: Woodson; H: Harwell)
Amendment: Senate amendment 1 corrects sentence fragment in Section 1(c) by changing the period after the word "children" to a comma. House amendment 3 rewrites the bill to require the correction officer accompanying a pregnant prisoner or detainee to immediately remove all
restraints, if the physician, physician's assistant, nurse practitioner, or midwife treating the prisoner or detainee requests that restraints not be used. This requirement would not apply if the
correction official makes a determination that the prisoner or detainee presents an extraordinary circumstance that dictates restraints be used to ensure the safety and security of the prisoner or detainee, the staff of the correctional institution or medical facility, other prisoners or detainees, or the public. Under no circumstances may leg or waist restraints be used on any prisoner or detainee who is in labor or delivery. If restraints are used on a prisoner or detainee pursuant
to this bill: (1) The type of restraint applied and the application of the restraint both must be done in the least restrictive manner necessary; and (2) The correction official must make written findings within 10 days as to the extraordinary circumstance that dictated the use of the restraints to ensure the safety and security of the prisoner or detainee, the staff of the correctional institution or medical facility, other prisoners or detainees, or the public. These findings must be kept on file by the institution for at least five years and be made available for public inspection. No information identifying any prisoner or detainee would be made public without the prisoner or detainee's prior written consent.   

Held on Senate clerk's desk 06/18/2009.     
House 05/21/2009 passed with amendment 3.   
Oversight Corrections Committee 03/16/2009 reviewed, comment adopted and released to full committee.

SB 1723
HB 1400*
Immigration enforcement. Authorizes commissioner of correction to enter into agreement with federal department of homeland security concerning immigration enforcement. Permits corrections officer certified under this agreement to act as immigration officer.(S: Bunch; H: Evans)   

Referred to Senate State & Local Government.   
House State Government Subcommittee deferred to 2010.   
Oversight Corrections Committee 03/16/2009 reviewed, comment adopted and released to full committee.

SB 2257
HB 2259*
ID card for inmates released after expiration of sentence. Specifies that each inmate housed at a department of correction institution and then released from such institution at the expiration of the person's sentence is to be provided an identification card valid for not more
than one year from the date of issuance (Part of Administration Package).(S: Kyle; H: Turner M.)     
Referred to Senate State & Local Government.   
Taken off notice in House State Government Subcommittee 04/22/2009.     
Oversight Corrections Committee 03/16/2009 reviewed, comment adopted and released to full committee.

CRIMINAL LAW
SB 0010
HB 0013*
Illegal immigrant defendants risk of flight. Creates a presumption that any defendant not lawfully present in the United States is a risk of flight, when determining the amount of bail for the defendant.(S: Watson B.; H: Floyd)   

Re-referred to Senate Calendar Committee 06/18/2009.   
Taken off notice in House Finance Budget Subcommittee 02/24/2010.   

SB 0122*   
HB 2049
Verification of lawful presence to receive benefits. Requires state agencies and political subdivisions, beginning August 1, 2009, to verify eligibility of persons 18 years of age or older before providing public benefits by using the federal "systematic alien verification for
entitlements" or SAVE program. Specifies exceptions for disaster relief, prenatal care, and health care items or services that are necessary for treatment of an emergency medical condition.
(S: Ketron; H: Evans)

Referred to Senate State & Local Government.
House State Government Subcommittee deferred to 2010.

SB 0145*
HB 0388
Verification of lawful presence to receive benefits. Requires state agencies and political subdivisions, beginning August 1, 2009, to verify eligibility of persons 18 years of age or older before providing public benefits by using the federal "systematic alien verification for entitlements" or SAVE program. Specifies exceptions for disaster relief, prenatal care, and health care items or services that are necessary for treatment of an emergency medical condition.
(S: Ketron; H: Carr) 
 
Taken off notice in Senate State & Local Government 03/31/2009.     
House State Government Subcommittee deferred to 2010.   

SB 0193
HB 0269*
Felony created for providing false information. Creates a Class E felony offense for providing a public servant with documentation falsely stating or implying that a person is a legally documented immigrant to the United States for the purpose of obtaining certain public benefits, including TennCare, food stamps and educational grants. Also creates a Class E felony offense for a person providing false documents to an employer for the purpose of obtaining employment.
(S: Bunch; H: Watson E.)   

Referred to Senate Judiciary.
Referred to House Judiciary Criminal Practice Subcommittee.     

SB 0253
HB 0335*
Enhancement factor - basis in gender identity or expression. Requires the court to consider whether a defendant intentionally chose a victim of crime based on gender identity or expression in determining whether to enhance a defendant's sentence. Thus, adds to present law advisory
enhancement factor for sentencing a defendant who intentionally chose a victim of crime, in whole or in part, because of the victim's race, religion, color, disability, sexual orientation, national origin, ancestry or gender.(S: Marrero; H: Richardson)     

Senate Judiciary deferred to 05/19/2009.
Taken off notice in House Judiciary 05/13/2009.

SB 0295*   
HB 1726
Class A misdemeanor - false identification. Creates Class A misdemeanor to knowingly provide, transfer or submit to any other person false identification for the purpose or obtaining or maintaining employment. Specifies that each false identification document used shall constitute
a separate offense. Requires the court to notify the U.S. Department of Homeland Security of any person who is in violation and not lawfully present in the U.S.(S: Johnson J.; H: Carr)   

Taken off notice in Senate Judiciary 03/25/2009.   
Withdrawn in House 01/28/2010. 

SB 0519*    HB 0791
Identity theft while obtaining employment. Broadens the offense of
identity theft to include when someone knowingly obtains, possesses, or
uses the personal identifying information of another, including any
dead or fictitious person, to obtain or attempt to obtain employment.
(S: McNally; H: Matlock)
Amendment: House Judiciary Criminal Practice amendment 1 changes the
enactment date to July 1, 2010.
Taken off notice in Senate Judiciary 03/04/2009.   
Taken off notice in House Judiciary 02/23/2010.     

SB 0541*
HB 0672
Misdemeanor for accepting money when not licensed to do so. Creates Class A misdemeanor punishable by fine only for any person to receive money for performing a service if not licensed or authorized by the law. Broadly Captioned. Text of bill is same as HB0673 / SB0542.(S: Ketron; H: Maggart) 
   
Taken off notice in Senate Judiciary 04/29/2009.
Taken off notice in House Criminal Practice Subcommittee 03/24/2010.

SB 0542* 
HB 0673
Offense of impersonation. Creates Class A misdemeanor punishable by fine only for any person to receive money for performing a service if not licensed or authorized by the law. Text of bill is same as HB0672 / SB0541(S: Ketron; H: Maggart)     

Referred to Senate Judiciary. 
Taken off notice in House Criminal Practice Subcommittee 03/24/2010.

SB 0936
HB 0125*
Vandalism against house of worship - punishment enhanced. Subjects offenders convicted of an act of vandalism against a place of worship to a penalty one level more severe than that which they would have been subject to for other buildings.(S: Stanley; H: Hardaway)   

Withdrawn in Senate 03/24/2010.
Referred to House Judiciary Criminal Practice Subcommittee.

SB 1683
HB 1137*
Comprehensive Illegal Immigration Act. Creates a presumption that a defendant is at risk of flight when determining the amount of bail, if it is determined that the defendant is not lawfully present in U.S. Requires that a reasonable effort be made to determine the citizenship
status of an individual charged with a felony or a second or subsequent violation of DUI. Requires that all written exams administered to applicants for a driver license or intermediate driver be given in English. Allows employers to require an employee or an applicant for employment to speak English while engaged in work if such requirement is based on necessity. Requires that all persons 18 or older provide proof that they are lawfully present in U.S. prior to the receipt of
certain public benefits. Requires employers, on and after August 1, 2009, to verify the employment eligibility, prior to hiring, of any applicant for employment through the federal electronic work authorization verification service provided by the federal department of homeland security pursuant to the federal Basic Pilot Program Extension and Expansion Act of 2003.
(S: Ketron; H: Shipley)     

Senate State & Local Government deferred to 05/05/2009.
Taken off notice in House Civil Practice Subcommittee 04/28/2009.

SB 2394 HB 2439*
Revises the Sexual Offender Registration Act. Defines "physical presence" for purposes of registration by sexual offenders or violent sexual offenders to mean an offender who has entered this state for any purpose for two or more consecutive days. Requires additional information to be disclosed on the TBI registration form: pseudonyms and ethnic tribal names; copies of all passports and immigration documents; and professional licensing information that authorizes an
offender to engage in an occupation or carry out a trade or business. Requires every offender who is eligible to be responsible for obtaining a valid driver license or photo ID, and requires such ID to be kept in the offender's possession at all times. Specifies that every offender required to register is to have obtained the documentation required by this bill and presented to the offender's registering agency by October 31, 2010.(S: Black; H: Maggart) 

Referred to Senate Judiciary.   
Taken off notice in House Criminal Practice Subcommittee 02/03/2010.

SB 2757*
HB 2918
Aggravating factors for purposes of imposing death sentence. Adds discrimination, drive-by-shooting, and witness intimidation to the list of statutory aggravating circumstances for imposing the death penalty or life imprisonment without the possibility of parole in first degree
murder cases.(S: Jackson; H: Fincher)   

Senate Finance deferred to next meeting.
Taken off notice in House Finance Budget Subcommittee 06/02/2010.

SB 2985
HB 2821*
TN Criminal Gang Registration Act of 2010. Enacts the TN Criminal Gang Registration Act of 2010. Creates within TBI a criminal gang offender registry, which includes an offender whose conviction is for a criminal gang offense that occurred on or after January 1, 2011. Requires the
registry to be available for public inquiry on the Internet. Clarifies the information that must be included on the registry. Establishes a criminal gang offender registry fee of $20.00 that must be transmitted to the state general fund for TBI to use in implementing the provisions of this legislation.(S: Stewart E.; H: Cobb T.)     

Taken off notice in Senate Judiciary 04/13/2010.
Taken off notice in House Finance Budget Subcommittee 06/02/2010.
Oversight Corrections Committee 02/22/2010 reviewed, comment adopted and released to full committee.

SB 3752
HB 2718*
Handgun carry permits: certified copy of birth certificate. Specifies that the requirement of a certified copy of a birth certificate for the issuance or renewal of a handgun carry permit.
(S: Bunch; H: Campfield)
Amendment: House Criminal Practice amendment 1 prohibits universities from banning students from owning firearms when the student does not bring the firearm or firearms onto campus. 

Referred to Senate Judiciary.
Taken off notice in House Judiciary 04/06/2010.     

ECONOMIC DEVELOPMENT
SB 3653
HB 3699*
Mandatory use of e-verify system in hiring. Requires each employer, including the state and local government, to use the e-verify system created by the federal governments to verify the employment eligibility status of any person seeking employment. Requires such employer to
maintain a copy of documentation verifying the eligibility of the application for a period of three years.(S: Kelsey; H: Rowland) 
   
Withdrawn in Senate 04/05/2010.
Referred to House Employee Affairs Subcommittee.

EDUCATION
SB 1237
HB 0808*
Students of higher education to be lawfully in the U.S. Prohibits a student from being admitted to and enrolled in a public postsecondary institution in this state unless the student establishes proof of U.S. citizenship or can prove student is lawfully in the United States.
(S: Bunch; H: Campfield)   

Taken off notice in Senate Education 04/28/2009.
House Higher Education Subcommittee deferred to January 2010.

SB 2693
HB 2490*
Collecting data on undocumented public school students. Requires the department of education to collect data on students who cannot prove lawful residence in the United States and to issue an annual report concerning the adverse impact of public school enrollment of such
students and the cost of public school education for such students.(S: Faulk; H: Swafford)     

Referred to Senate Education.
Referred to House Government Operations.

GOVERNMENT ORGANIZATION
SB 1272*   
HB 1390
Tennessee Taxpayer and Citizen Protection Act. Requires every agency or political subdivision in TN, before providing or administering state or local public benefits or federal public benefits, to verify the lawful presence in the U.S. of any person over 18 years of age and applying for such benefits. Provides for the following exceptions: obtaining health care for an emergency medical condition if not related to organ transplant; short-term, noncash, in-kind emergency disaster relief;
public health immunizations; soup kitchen, counseling and short-term shelter care; prenatal care; postsecondary education with THEC setting forth policies complying with federal law. Specifies that anyone making a false statement in an affidavit regarding such requirement commits
aggravated perjury.(S: Bunch; H: Dennis)   

Referred to Senate State & Local Government.
Referred to House Judiciary Civil Practice Subcommittee.

GOVERNMENT REGULATION
SB 0990
HB 0841*
TN Taxpayer and Citizen Protection Act. Requires state agencies that are responsible for the administration of state and local public benefits to verify the identity of each applicant for benefits and to also verify the immigration status of each applicant. Prohibits state agencies from accepting an identification card issued by the state or its political subdivisions, including a driver license, to establish identity or determine eligibility for benefits. (S: Beavers; H: Weaver)     

Referred to Senate State & Local Government.
Taken off notice in House Civil Practice Subcommittee 04/15/2009.

SB 1821
HB 0063*
TN Taxpayer and Citizen Protection Act. Clarifies that government agencies are allowed to issue forms of identification such as driver licenses and voter identification cards provided that the individual obtaining the form of identification is in the U.S. legally. Specifies that any driver license issued to a person who is not a U.S. citizen, national or legal permanent resident alien will be presumed as valid unless it has expired, been canceled, suspended, or revoked when it
comes time for the license to be renewed, duplicated, or reissued. Specifies that any individual who is not lawfully present in the U.S. shall not be eligible on the basis of residence within the state for any postsecondary education benefits such as financial aid, or resident tuition.
(S: Herron; H: Fincher) 
   
Taken off notice in Senate State & Local Government 05/05/2009.
Taken off notice in House Finance Budget Subcommittee 06/02/2010.

SB 1822
HB 0062*
TN Immigration Compliance Act. Requires sheriff, jailer or other designated officer to check citizenship status of a person charged with a felony or DUI that is confined in a county jail, municipal jail or other local or municipal correctional facility. Also requires sheriff, jailer or other designated officer to notify the U.S. Department of Homeland Security when a determination is made that the confined person is not lawfully in the U.S. Specifies that after January 1, 2010, a
taxpayer, for the purpose of calculating net earning or net loss, is prohibited from deducting or receiving credit for remuneration provided to any individual for labor services in an amount equal to or exceeding $600 per annum unless such individual is a lawful resident alien for whom that taxpayer has maintained proper documentation. Requires every agency or political subdivision of this state, on or after July 1, 2010, to verify the presence in the U.S. of any natural person 18 years or older who has applied for state or local public benefits or for federal public benefits that are provided by or administered by an agency or political subdivision of this state. Specifies that
verification of lawful presence shall not be required for certain health care items that are necessary for treatment of an emergency medical condition, emergency disaster relief, immunizations, prenatal care, and for postsecondary education.(S: Herron; H: Fincher)
Amendment: House Judiciary amendment 1 rewrites Section 3 of the original bill removing the requirement that the sheriff or jailer upon not being able to determine citizenship status through a reasonable effort verifies such status through a query to the LESC. Under the amendment if the sheriff or jailer cannot determine lawful status through reasonable efforts he is to notify the U.S. department of homeland security. 

Taken off notice in Senate State & Local Government 05/05/2009.
Taken off notice in House Finance Budget Subcommittee 06/02/2010.

SB 3662
HB 3701*
Eligibility for public benefits: must be verified by SAVE. Requires all state agencies, beginning on August 1, 2010, to provide public benefits only to those adults who can verify that they are lawfully present in the United States by using the federal Systematic Alien Verification
for Entitlements (SAVE) program.(S: Bunch; H: Campfield)   

Referred to Senate State & Local Government.
Referred to House State Government Subcommittee.

HEALTH CARE
SB 0212
HB 0315*
ID required to receive prescription drugs. Requires a pharmacist or pharmacy to obtain identification prior to dispensing or delivering a prescription drug to a person. Also requires pharmacies to maintain a database of persons authorized to pick up the prescriptions of individuals for whom the pharmacist or pharmacy dispenses a prescription. Prohibits a pharmacist or pharmacy from dispensing or delivering a prescription drug to an individual under the age of 18. Allows a physician to sign a waiver authorizing an individual under the
age of 18 for whom medication has been prescribed to pick up that prescription.(S: Stewart E.; H: Matheny)

Referred to Senate General Welfare.
Referred to House Professional Occupations Subcommittee.

SB 1241
HB 0817*
Birth certificate - illegal immigrant's child. Prohibits registration of a birth certificate for a child of an illegal immigrant mother unless the father is a US citizen and he provides a written agreement for financial support of child until age 18.(S: Bunch; H: Campfield)   

Taken off notice in Senate General Welfare 05/06/2009.
Taken off notice in House Health Care Facilities Subcommittee 04/29/2009.

SB 3092*
HB 3251
Board of medical examiners: agree to enforce certain laws. Requires the board of medical examiners to enter into a written agreement with the federal department of homeland security and to agree to enforce certain applicable federal immigration laws.(S: Burchett; H: Armstrong)
Amendment: Senate amendment 1 requires the Board of Medical Examiners enter into a written agreement with the United States Office of Homeland Security to enforce federal immigration laws relating to the licensure of foreign physicians, which may include use of the federal
systematic alien verification of entitlements (SAVE) program.   

Senate 06/03/2010 passed with amendment 1. 
House passed 06/08/2010.   
Sent to the speakers for signatures 06/08/2010.

LABOR LAW
SB 2753
HB 2685*
English to be spoken in workplace. Authorizes employers to require English be spoken in the workplace if necessary to conduct the employer's business.(S: Johnson J.; H: Hill)
Amendment: House amendment 1 specifies that a requirement that employees or applicants must speak English at certain times will not be an unlawful employment practice if such requirement is required by a business or safe workplace necessity. Defines a business or safe
workplace necessity to mean: (1) For communications with customers, coworkers, or supervisors who speak English; and (2) In emergencies or other situations in which workers must speak a common language to promote and ensure safety. Clarifies that, in addition to employees,
applicants for employment must be provided notice of an English requirement. Exempts casual conversations between employees from an English only requirement in the workplace. Senate amendment 2 rewrites this bill to specify that it is not a discriminatory practice for an employer to institute a policy in the employer's workplace requiring that all employees speak only in English at certain times when the employer has a legitimate business necessity for such a policy and the
employer provides notice to employees of the policy and the consequences of violating the policy. Conference Committee: Conference Committee Report on HB2685/SB2753 recommends that House amendment 1 and Senate amendment 2. The committee recommends that following amendment be adopted: establishes that it is not discriminatory practice for an employer to institute a policy in the employer's workplace required that all employees speak only English
at certain times when the employer has a legitimate business necessity for such a policy, indulging but not limited to the safe and efficient operation of the employer's business, and the employer provides notice to employees of the policy and the consequences of violating the
policy. Prophets any employer from terminating an employee who is a volunteer rescue squad worker because the employee, when acting as a volunteer rescue squad worker, is absent or late to the employee's employment in order to respond to an emergency. Authorizes an employer
to charge against the employee's regular pay and time that an employee who is a volunteer rescue squad worker loses from employment because of response to an emergency. Authorizes any employee who is terminated in violation of this section to bring a civil action against the employer.
   
Senate 06/03/2010 adopted conference committee report. 
Set for House message calendar #2 05/27/2010.
House 05/27/2010 adopted conference committee report.
Sent to the speakers for signatures 06/03/2010.

SB 3758
HB 2786*
Employers: requirements to provide compensation statements. Requires certain employers to give certain employees written or electronic statements concerning compensation for employment and compensation deductions.(S: Bunch; H: Hill)     

Referred to Senate Commerce, Labor & Agriculture.
Referred to House Consumer Affairs Subcommittee.

SB 3759
HB 2787*
Removes requirement that employers pay by check at bank. Removes the requirement that employers pay by check presentable at a bank or other established place of business. (S: Bunch; H: Hill) 
   
Senate Commerce, Labor & Agriculture deferred to 04/06/2010.
Taken off notice in House Consumer & Employee Affairs 03/31/2010.

MISCELLANEOUS
HJR 1253
Commends Arizona on its centennial celebration. Honors and commends the State of Arizona and its government officials on the upcoming commemoration of Arizona's Centennial. Salutes the initiative and the courage of the Arizona State Legislature and Governor Jan Brewer in
their actions to protect their citizens and the borders of our great nation.(H: Carr)   

Senate 06/04/2010 concurred.   
House 05/24/2010 adopted.
Sent to the speakers for signatures 06/04/2010.

PUBLIC EMPLOYEES
SB 0196
HB 0263*
Complaints against law enforcement officers. Requires any complaint made against a certified law enforcement officer to be in writing and signed by the complainant. Specifies that the officer against whom the complaint was lodged must be given a signed copy within five business days of the complaint being filed. Prohibits disciplinary action from being taken unless a signed copy of the complaint is given to the officer, and specifies he may not be suspended or terminated unless the complaint is investigated and evidence is found.(S: Bunch; H: Watson E.)   

Referred to Senate Judiciary.
House Judiciary Criminal Practice Subcommittee 03/25/2009 deferred to 2010.

SB 2514*
Employment of non-citizens by the state. Clarifies authority for state employment to be filled by non-citizens of the state. (S: Ketron)     

Withdrawn in Senate 01/25/2010.         

PUBLIC FINANCE
SB 2659*   
HB 2776
Prohibited state contracting: fraudulent organizations. Prohibits state contracts with organizations that have been indicted or convicted under any law regarding public office campaign financing or filed fraudulent forms with any regulatory agency. Requests comptroller to review FY 2009-2010 budget to identify appropriations made to the Association of Community Organizations for Reform Now. (S: Ketron; H: Casada)
Amendment: Senate Finance amendment 1, as amended, rewrites the bill to prohibit the state from contracting with covered organizations beginning FY 2010-2011. Defines "covered organization" as any organization that is under indictment or has been convicted of a violation of state or federal law. 

Senate Finance, Ways & Means deferred to 04/06/2010.
Taken off notice in House Finance Budget Subcommittee 06/02/2010.

TRANSPORTATION VEHICLES
SB 0063* 
HB 0262
Driver license exams to be in English. Requires all written examinations for driver license or intermediate driver license to be in English. (S: Ketron; H: Watson E.)
Amendment: House Transportation Committee amendment 1 clarifies that all examinations will be given in English. Provides an exception for only (instead of "but not limited to") those that are in the United States approved by Homeland Security for a stated period of time to conduct certain business matters such as investing, overseeing investment, or providing needed services to companies or businesses in Tennessee. Senate amendment 2, House Finance Budget Subcommittee amendment 1 deletes the language of the original bill. Requires all examinations administered to applicants for a driver license, intermediate driver license, temporary driver license, or temporary intermediate driver license be given in English. Exempts certain persons whose presence in the United States has been approved by the United States Department of Homeland Security. Authorizes the Department of Safety (DOS), with assistance from the Department of Economic and Community Development (ECD), to determine the languages that knowledge examinations may be administered to exempted individuals.   

Senate 05/10/2010 passed with amendment 2.
House Budget Subcommittee deferred to December of 2010, after adopting amendment 1.

SB 1329
HB 1265*
Licenses - citizenship/immigration verification via SAVE. Requires the department of safety to verify citizenship for each driver license applicant by using the Systematic Alien Verification for Entitlement (SAVE) program.(S: Yager; H: Faulkner)     

Senate Transportation deferred to 04/21/2009.
Taken off notice in House Transportation Public Safety Subcommittee 04/21/2009.

SB 1686*
HB 2052
Proof of valid driver license before registration. Establishes that an individual applying for registration or renewal of registration for a motor vehicle shall not be issued registration plates unless the applicant possesses a valid driver license at the time such application is made. Requires a temporary permit to be issued only to a person who possesses a valid driver license at the time of the application for registration.(S: Ketron; H: Rowland)
Amendment: House amendment 2 requires any applicant who applies for motor vehicle registration, who was a resident of a county in a previous year or years and was liable for and failed to pay applicable wheel tax, to be liable for and pay all prior years' wheel taxes prior to being issued such registration. Senate amendment 1 limits the bill to Rutherford County.   

Senate 04/19/2010 passed with amendment 1. 
House 06/04/2010 concurred in Senate amendment 1.   
Sent to governor 06/11/2010.

SB 1934*
HB 1426
No state participation in the REAL ID Act of 2005. Prohibits the state from participating in the implementation of the REAL ID Act of 2005. Requires the commissioner of safety to report to the governor any attempt by the U.S. Department of Homeland Security to secure the implementation of the REAL ID Act of 2005 through the operations of the department.(S: Burchett; H: Niceley)   

Senate passed 05/20/2009.
Failed in House Transportation 04/06/2010.

SB 1938*
HB 1696
Implementation of the REAL ID Act of 2005. Directs the department of safety not to implement the REAL ID Act of 2005 as enacted by the congress. (S: Johnson J.; H: McDaniel)   

Taken off notice in Senate Transportation 04/14/2009.
Referred to House Transportation Public Safety Subcommittee.

SB 2660*
HB 2940
Driver license exam to be given in English. Requires all written examinations for a driver license or intermediate driver license to be given in English.
(S: Ketron; H: Carr)   

Senate Transportation deferred to 03/30/2010.
Taken off notice in House Transportation Public Safety Subcommittee 03/30/2010.

SB 2664
HB 2746*
Proof of insurance required for registration. Prohibits the commissioner from issuing a registration for a vehicle or renew a registration unless the owner of the vehicle provides proof of
insurance. (S: Marrero; H: Cooper B.) 

Referred to Senate Commerce, Labor & Agriculture.
Taken off notice in House Government Operations 03/17/2010.

WORKERS COMPENSATION
SB 2559*
HB 2869
Redefines average weekly wage. Revises the definition of "average weekly wage" to mean the actual weekly earnings of an employee under the employment contract or contract of hire in force at the time of the injury plus any overtime earnings and bonuses. Provides that average weekly wages may not be computed on less than a full-time workweek. Defines "earnings" to include anything received by the employee under the terms of the employment contract or contract for hire from which the employee realizes economic gain, including any allowance made in lieu of wages. Specifies that "employment contract" or "contract of hire" can be implied. Provides that if average weekly wages cannot be fairly and justly determined by the statute, then the average weekly wages of a person in the same grade/classification employed at the same work by the same employer at the time of the employee's injury will be used, and if a similar employee does not exist, the usual wage paid in the vicinity of the employer for the same or similar services will be used, provided the results obtained are just and fair to the employee and the employer. (S: Haynes J.; H: Hackworth)   

Referred to Senate Commerce, Labor & Agriculture.
Taken off notice in House Employee Affairs Subcommittee 03/17/2010.
Workers' Compensation Advisory Council 03/05/2010 unanimously recommend that the sponsor defer the bill.

RELIGION

SB 1283*
HB 1598 Victory
Free exercise of religion. As introduced, prohibits a government entity from substantially burdening a person's free exercise of religion unless it demonstrates the application of the burden is essential to further a compelling government interest and is the least restrictive means of furthering that interest. (S: Bunch; H: Lynn)
Amendment: House amendment 1 removes provision that states nothing in the act can be construed to be a granting of government funds, benefits, or exemptions. Adds provision stating that nothing in the act can create or preclude a right of any religious organization to receive
funding or other governmental assistance or of any person to receive government funding for a religious activity.

Senate passed 06/16/2009.
House 05/28/2009 passed with amendment 1.
PC 0573 (effective 07/01/2009)

HEALTH CARE
SB 1426*
HB 1706 Bill with drawn.
Healthcare Freedom of Conscience Act. Enacts the "Healthcare Freedom of Conscience Act." Allows health care providers to choose not to participate in the performance of a health care act that violates their conscience. Clarifies that such health care acts includes, but is not limited to, abortions, euthanasia, fetal experimentation, and physician-assisted suicide. Prohibits discrimination against individuals or institutions that decline to perform certain medical
procedures or acts. (S: Stanley; H: Hensley)

 Withdrawn in Senate 03/24/2010.
 Referred to House Professional Occupations Subcommittee.

SB 2743*
HB 3202- CPPC supported this bill
Umbilical cord blood banking: informing pregnant women. Requires the department of health to encourage health care professionals to provide pregnant women with a publication concerning umbilical cord blood banking. Requires that the publication include the information
concerning the medical process itself, the benefits and risks to all concerned parties, options regarding stem cells, related costs, etc. Requires the health care professionals not be civilly liable, criminally liable, or subject to discipline if their actions related to this publication were done in good faith. (S: Kelsey; H: Eldridge)

Senate passed 03/22/2010.
House passed 03/01/2010.
PC 0709 (effective 07/01/2010)

BANKING
SB 3104
This is going to be an up hill battle. But one worth fighting.  TN has more predatory leading businesses than any other state.  GA has totally ban this industry.

HB 3111*
This has gone to summer study.  We hope that the study committee will provide a strong support and we can try and run this bill again next year. Establishes ceiling for interest rates on payday loans. Establishes the maximum interest rate at 100 percent for a payday loan. (S: Marrero; H: Richardson)

Senate Commerce, Labor & Agriculture deferred to 04/06/2010.
House Commerce Utilities & Banking Subcommittee deferred to summer study.

EDUCATION
SB 2741*
HB 3688
This is a concept that could take a long time to pass. Parental Choice Scholarship Act. Creates the parental choice scholarship to be awarded to eligible elementary or secondary students in order to allow the students to attend a participating school. Requires that this act be implemented first as a pilot program in the school district with the greatest number of schools failing to make adequate yearly progress. Specifies that one elementary school, one middle school, and one high school shall be chosen to participate in the program with the school chosen in each of the three categories being the school in that category that failed to make adequate yearly progress for the greatest number of years. Specifies that a student is eligible if he or she is a member of a household whose total annual income is less than 2.5 times the income standard used to qualify for reduced price lunch under federal law, was eligible to attend a public
school in the preceding semester or is starting school in TN for the first time, and resides in TN while receiving the scholarship. Specifies that a participating school may be either a public school in the resident school district, a public charter school, or a nonpublic school that provides education to elementary or secondary students or both and has notified the department of education of its intention to enroll parental scholarship students. Sets different scholarship
amounts depending on the income of the eligible student's household. (Please NOTE that this bill contains the same language as SB 7016, filed during special session, except for the following: includes public charter schools; changes the provisions for the pilot project; adds language specifying that if this bill/part will prevail if any of its language conflicts with the TN First to the Top Act of 2010, if it becomes law.) (S: Kelsey; H: DeBerry J.)
Amendment: Senate Education amendment 1 rewrites the bill. Creates a scholarship program for students who have an annual household income less than 2.5 times the income standard for eligibility for the federal free and reduced price lunch program, reside in TN, and were eligible
to attend a public K-12 school in the preceding semester or starting school for the first time. Eligible students may attend a participating school until graduation from high school or reaching 2 years of age. Participant schools include another school within the same LEA, a public charter school, or a private school. Creates guidelines for the awarding of scholarships to students. Waives tuition at participating private schools beyond the scholarship amount for those students who qualify for free and reduced price lunch. Requires the TN Department of Education to keep state BEP dollars that would have been generated by the student and given to the LEA if the scholarship amount is less than the amount needed for tuition. Creates participation eligibility
requirements for non-public K-12 schools. Requires DOE to create a standard application form to be used for admission into a private school and to send participating schools student records in accordance with federal law. Sets forth provisions to disqualify private schools from program participation. Deletes Section 9 of the original bill that required the original bill to prevail against any conflict found in the Race to the Top legislation (SB 5/HB 10) from the special session.
Creates a pilot program consisting of one public elementary school, one middle school, and one high school that is in the LEA that has failed to meet adequate yearly progress for the greatest number of years. The schools that are chosen shall be the ones that have failed
to meet AYP requirements for the greatest number of years.

 Failed in Senate Education 04/07/2010, after adopting amendment 1.
 House Education 04/14/2010 referred

ADOPTION
SB 2341
HB 2372*
Adopted child removed from home by DCS. Specifies that no adoptive parent of a child that has been removed from the home by the department of children's services for reasons other than dependency or neglect shall be required to pay for the care of such child while in custody.  (S: Overbey; H: Montgomery) Amendment: Senate amendment 1 rewrites the bill. Under present law, a parent who surrenders his or her parental rights to a child is not responsible for any future child support or other future financial responsibilities once the child is adopted. Generally, before a final order of adoption is issued and upon clear and convincing evidence that such action is in the child's best interests, a court may order the restoration of parental rights in certain circumstances if the parent consents to such restoration. This amendment adds that if, after determining the surrender to be in the child's best interest, the department of children's services accepts a surrender of a child, who was previously placed for adoption by the department, from the child's adoptive parent, the unrevoked surrender of such child may terminate the responsibilities of the adoptive parent for future child support or other future financial responsibilities. This amendment additionally authorizes a court, with the consent of the birth parent and upon clear and convincing evidence that such action is in the child's best interests, to restore the rights and responsibilities of the birth parent if the adoptive parent so surrenders the child. Senate amendment 2 changes the effective date of this bill from "July 1, 2009" to "July 1, 2010."

 Senate 04/29/2010 non-concurred in House amendment 3.
House 05/10/2010 passed after reconsidering actions on House amendment 3.
PC 0915 (effective 07/01/2010)