Tennessee Catholic Public Policy Commission

The Legislature is pushing hard to finish up within the next couple of weeks. Below is an update on every bill we have worked and watched. We believe there have been several victories but due to the budget in some cases we couldn't stop cuts and in some areas bad legislation. This week the legislators will be receiving more information concerning the budget. We will be reviewing it as well. We understand that cuts are going to have to be made but we also believe that there are services that are far to important to the lives of our fellow Tennesseans to cut any more. We work with several advocacy groups and have been discussing these cuts with the legislators, Commissioners and the administration. We believe in some areas we have been heard and some funding was restored in areas that have been hit especially hard. This week the House and Senate members will be making tough decisions about the spending. These are trying times.

ABORTION

SJR 0127 Worked - 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 0Astatutes 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.
Set for Senate Message 06/02/2009.
House 05/18/2009 heard on third reading, as amended, and concurred in SJR 127, as amended.

SB 0640*
HB 1532 Worked - Victory
Emergency Care for Rape Victims Act.. Requires hospitals treating rape victims to provide each such victim with written and oral information on emergency contraception and to inform each victim of her option to be provided with emergency contraception; specifies that hospitals with religious affiliations choosing not to comply are excluded from this requirement. (S: Marrero; H: Favors) Taken off notice in Senate General Welfare 04/29/2009.
Taken off notice in House Health Care Facilities Subcommittee 04/29/2009.

SB 1794*
HB 2204 - Watched
Abortion - informed consent, third trimester abortions. Requires that the informed written consent of the woman be obtained prior to an abortion, providing for 24-hour period of reflection after the woman receives the information needed for an informed consent. Establishes requirements for a physician or other health care professional to follow in order to obtain informed consent from the woman. Establishes an exception to informed consent and waiting period requirements when necessary to protect the life or health of the woman. (S: Herron; H: Maddox)
Referred to Senate Judiciary.
Taken off notice in House Public Health & Family Assistance Subcommittee 03/17/2009.

SB 1794*
HB 2204
Abortion - informed consent, third trimester abortions. Requires that the informed written consent of the woman be obtained prior to an abortion, providing for 24-hour period of reflection after the woman receives the information needed for an informed consent. Establishes requirements for a physician or other health care professional to follow in order to obtain informed consent from the woman. Establishes an exception to informed consent and waiting period requirements when necessary to protect the life or health of the woman. (S: Herron; H: Maddox)
Referred to Senate Judiciary.
Taken off notice in House Public Health & Family Assistance Subcommittee 03/17/2009.

SB 1800
HB 0445* Watched
Informed consent for abortions. Requires that the informed written consent of the woman be obtained prior to an abortion, providing for 24-hour period of reflection after the woman receives the information needed for an informed consent. Establishes requirements for a physician or other health care professional to follow in order to obtain informed consent from the woman. Establishes an exception to informed consent and waiting period requirements when necessary to protect the life or health of the woman. (S: Herron; H: Maddox)
Senate Judiciary deferred to 04/21/2009.
Failed in House Public Health and Family Assistance Subcommittee 04/21/2009.

BANKING & CREDIT

SB 0036*
HB 0369 Watched
Delaying of foreclosure proceedings and eviction of tenant. Delays foreclosure proceedings and the eviction of a tenant residing in a single-family residence as long as the tenant is current on the lease payments. (S: Kyle; H: Odom)
Taken off notice in Senate Commerce, Labor & Agriculture 04/21/2009.
Referred to House Commerce Utilities Banking Subcommittee.

SB 0186
HB 0235* Watched
Creditors to meet with debtors to avoid foreclosure. Requires a creditor to conduct an in-person meeting with debtors in default to provide options that will allow the debtor to avoid foreclosure.
Specifies a creditor must do this only when he has knowledge of the following circumstances of the debtor: an immediate family member of the debtor has died or has a catastrophic illness, the debtor has become unemployed due to circumstances beyond his control, or the debtor is suffering from any catastrophic situation beyond the debtor's control that has caused extreme financial hardship. Details terms for documentation of such meetings and reporting dates. Broadly captioned.
(S: Harper; H: DeBerry J.)
Amendment: House Commerce Utilities & Banking Subcommittee amendment 1, as amended, rewrites the bill. Requires a creditor to send notice by certified mail to debtor prior to first published notice of foreclosure. Requires that such certified letter include the return address of the sender. Makes applicable to foreclosures that are initiated for publication on or after September 1, 2009.
Taken off notice in Senate Commerce, Labor & Agriculture 05/05/2009.
House Commerce Utilities & Banking Subcommittee deferred to 2010.

SB 0489*
HB 1918 Watched
Maximum rate of interest a title pledge lender may charge. Sets the maximum effective rate of interest a title pledge lender may charge at two percent per month. Permits reimbursement for necessary expenses incurred in securing and collecting the title pledge in an amount not to exceed four percent of the gross amount of the title pledge. (S:
Burchett; H: Brooks, Harry)
Taken off notice in Senate Commerce, Labor & Agriculture 05/05/2009.
House Commerce Utilities & Banking Subcommittee deferred to last calendar.

SB 0639
HB 0692* Watched
Survey of interest rates and fees. Requires the department of financial institutions to conduct a survey of interest rates and fees and report its findings to the general assembly by January 15, 2010. (S: Marrero; H: Richardson)
Referred to Senate Commerce, Labor & Agriculture.
Taken off notice in House Commerce Utilities & Banking Subcommittee 04/28/2009.

SB 0711
HB 0008* Watched
Fee charged for pay-off statement provided to borrower. Limits to ten dollars the fee that high-cost home loan lenders can charge for any additional requests for a pay-off statement during any twelve-month period. (S: Tate; H: Hardaway) Referred to Senate Commerce, Labor & Agriculture.
Held on House clerk's desk.

SB 0715
HB 0701* Watched
Fees charged by deferred presentment licensees. Lowers the fees deferred presentment licensees may charge to the lesser of 10 percent of the face amount of the check or $20.00. (S: Tate; H: Gilmore)
Referred to Senate Commerce, Labor & Agriculture.
Withdrawn in House 04/02/2009.

SB 0749*
HB 1926 Watched
Requirements for lenders of high-cost home loans. Requires a lender of a high-cost home loan to verify that the borrower has received appropriate housing counseling. (S: Marrero; H: Richardson) Taken off notice in Senate Commerce, Labor & Agriculture 04/28/2009.
Taken off notice in House Commerce Utilities & Banking Subcommittee 04/28/2009.

SB 0828
HB 0099* Watched
Publication of notice of foreclosure. Increases the time period for the first publication notice in the newspaper of the sale of land to foreclose a loan, mortgage, or deed of trust from 20 days prior to the sale to 90 days prior to sale. (S: Marrero; H: Moore) Referred to Senate Commerce, Labor & Agriculture.
Withdrawn in House 05/07/2009.

SB 1765*
HB 1498 Watched
Revisions to TN Title Pledge Act. Revises the Tennessee Title Pledge Act to prohibit abusive or predatory practices by title pledge lenders.
Removes language that prohibits an action from being brought by a pledge against a title pledge lender in connection with a title pledge agreement or property pledge agreement more than one year after the date of the alleged occurrence of any violation. Requires written notice to be provided to any person or entity that has made a complaint to the department of financial institutions about a title pledge lender regarding hearing on suspension or revocation of a title pledge lender's license. Also gives person or entity the opportunity to participate in the hearing and to present evidence. Requires title pledge lender to notify commissioner when a civil lawsuit has been filed against the title pledge lender alleging fraud, misrepresentation, deceit, or other misconduct related to the operation of the title pledge business. Requires information reported by title pledge lenders to the commissioner to be available to the public. Makes other revisions to TN Title Pledge Lender Act. (30 pp.) (S: Herron; H: Turner L.)
Referred to Senate Commerce, Labor & Agriculture.
House Commerce Utilities & Banking Subcommittee deferred to January 2010.

SB 1766*
HB 1497 Watched
Changes to the Tennessee Title Pledge Act - predatory loans. Removes one year statute of limitation during which a criminal charge can be brought against a title pledge lender. Requires all title lenders to report to the commissioner of financial institutions any civil actions brought against them. Allows any member of the public to request information from the title pledge lender's report filed with commissioner. Changes certain allowable loan renewal agreement practices. Increases, from five percent to ten percent of the original principal loan amount, the monthly payment that the pledge is required to make beginning with the third renewal or continuation of the loan.
Establishes a two year statute of limitation for any civil action brought against a title lender. (S: Herron; H: Turner L.)
Referred to Senate Commerce, Labor & Agriculture.
Taken off notice in House Commerce Utilities & Banking Subcommittee 03/31/2009.

SB 2194
HB 2209* Watched
Consumer loans - credit worthiness of debtor. Creates a defense to an action filed by a lender or financial institution for the repayment of a consumer loan, or to recover personal property used to secure a consumer loan, whereby the borrower can claim the loan originator's primary consideration was financial considerations to the lender, rather than the credit worthiness of the borrower. (S: Kyle; H: Pitts)
Referred to Senate Judiciary.
Caption bill held on House clerk's desk.

SB 2226
HB 2212* Watched
Title pledge loans. Requires any person who makes a title pledge loan without a license and who fails or refuses to return collateral and any money paid by borrower to pay interest to borrower at 10 percent per annum of amount owed. Broadly captioned. (S: Southerland; H: Pitts)
Referred to Senate Commerce, Labor & Agriculture.
Referred to House Commerce Utilities & Banking Subcommittee.

SB 2279
HB 2316* Watched
TN Residential Lending, Brokerage and Servicing Act. Defines "loan processor or underwriter" as an individual performing clerical or support duties as an employee and not an independent contractor under the supervision of a registrant authorized to make residential mortgage loans. Specifies that the mortgage loan originator is the person who offers or negotiates the terms of a residential mortgage loan broker and to meet pre-licensing and continuing education and written test requirements. Provides for commissioner to issue provisional mortgage loan originator licenses. Authorizes the commissioner, to require an applicant, as a condition of employment with the department, to provide a fingerprint sample and submit to a criminal background check conducted by the TBI. (56 pp.) (Part of Administration Package.) (S: Kyle; H: Pitts)
Amendment: Senate amendment 1, House Commerce amendment 1 rewrites certain provisions of the bill. Adds that any individual acting as a loss mitigation
Senate 05/14/2009 passed with amendment 1.
Set for House Finance Budget Subcommittee 06/02/2009.

COMMERCIAL LAW

SB 0847*
HB 1206 Watched
Claiming of damages under Consumer Protection Act. Requires an individual claiming damages under Consumer Protection Act to prove causal link between alleged act and person's damages. Requires such a claimant to show actual out-of-pocket loss based on actual market value of good or service received in order to recover damages. (S: Black; H: McCord)
Senate Commerce, Labor & Agriculture deferred to 05/26/2009.
House Consumer & Employee Affairs deferred to last calendar.

SB 1763*
HB 2218 Watched
Foreclosure-related rescue consultant services for a fee. Makes it an unfair or deceptive act under the Consumer Protection Act to charge a fee for engaging in foreclosure-related rescue services before completing or performing all services related to any such foreclosure-related transaction. (S: Herron; H: Gilmore)
Amendment: House amendment 1 rewrites the bill and does the following:
clarifies the definition of a foreclosure-related rescue consultant; specifies which businesses are not included in the definition and which services are included; requires the homeowner receive the contract in writing in at least 12 point font one day prior to the signing date; and requires the consultant give the homeowner three days to consider the agreement if he or she so desires. House amendment 2 exempts from regulation as a foreclosure-rescue consultant an attorney authorized to practice law in this state who is providing legal services to a client.
Senate amendment 3 restates the definition of financial institution that is disqualified from being a foreclosure-rescue consultant to specifically include financial institutions that are state or national banks, savings institutions, credit unions, etc. Senate amendment 4 rewrites the bill. Defines "foreclosure-rescue consultant." Prohibits foreclosure-rescue consultants from engaging in or initiating foreclosure-related rescue services without execution of a written agreement with the homeowner. Prohibits the attempted charge, receipt, or collection of payment for foreclosure-related rescue consultant services prior to the completion of all services of the foreclosure-related transaction. Adds violation of this part as an unfair or deceptive act under the Tennessee Consumer Protection Act of 1977.
Senate 04/23/2009 passed with amendment 4 and previously adopted amendment 3.
House 04/30/2009 concurred in Senate amendments 3 and 4.
PC 0198 (effective 05/13/2009)

SB 2016
HB 0704* Watched
Mortgage counselor to be consulted on ARMs. Requires any person seeking a mortgage to consult a mortgage counselor before an adjustable rate mortgage can be completed. (S: Ford O.; H: Turner L.) Referred to Senate Commerce, Labor & Agriculture.
Taken off notice in House Commerce Utilities & Banking Subcommittee 04/14/2009.

CRIMINAL LAW

SB 0260*
HB 0597 - Watch - legislation from the Death Penalty Study Committee
Disposition of post-conviction relief petitions. Requires the administrative office of the court to propose a realistic time within which post-conviction relief petitions in capital cases are finally disposed of if it is determined the one-year statutory time limit is not realistic. (S: Jackson; H: Coleman)
Amendment: Senate Judiciary amendment 1, House amendment 1 changes first date by which AOC must submit the compliance report to the chief clerk of each house and the chair of the judiciary committee of each house to December 1, 2009, from December 1, 2008.
Set for Senate Floor 2 06/02/2009.
House 05/26/2009 passed with amendment 1.

SB 0261*
HB 0596- Watch - legislation from the Death Penalty Study Committee
Recording of custodial interrogation related to homicide. Requires all statements made by a person during a custodial interrogation relating to a homicide to be electronically recorded and preserved. (S: Jackson; H: Coleman)
Taken off notice in Senate Judiciary 05/06/2009.
Taken off notice in House Criminal Practice Subcommittee 04/22/2009.

EDUCATION

SB 1631*
HB 2067 Worked - Opposed - Victory
K-12 building account - unclaimed lottery prize money. Creates K-12 local school building special account, to which 100 percent of TN Lottery unclaimed prize funds shall be directed, for capital outlay projects, including grants, for K-12 educational facilities. Deletes the after school programs special account, to which present law directs unclaimed prize money totaling less than $18,000,000. Specifies that such funds supplement, not supplant, non-lottery educational resources for such projects. Allows, in any fiscal year in which TN HOPE scholarship if fully funded, excess funds from net lottery proceeds for other education purposes and projects to be directed to K-12 building account. Broadly captioned. (S: Beavers; H: Rowland)
Referred to Senate Education.
Referred to House Education K-12 Subcommittee.

SB 0075* Watched
Parental Choice Scholarship Program Act of 2009. Classifies an eligible student as one whose household income does not exceed two and one half times the income standard used to qualify for reduced price lunch.
Allows a student participating in this program to attend the school until graduation or reaching 21 years of age. Establishes a method for calculating tuition cost based on household income, the participating school's annual cost per pupil, and a percentage of the dollar amount the resident school district would have allocated per pupil from state and local sources to educate the student had he enrolled in that district. Prohibits any participating school from refunding or sharing a student's scholarship with a parent or student in any manner.
Authorizes eligible students who qualify for the federal free or reduced lunch program to attend any participating school in the parental choice scholarship program at no charge to the student.
Requires participating schools that have more applicants than spaces to choose students by random selection but allows them to give preference to siblings of current students and previously enrolled scholarship students. Authorizes the department of education to adopt rules and regulations, especially relative to nonpublic schools wishing to participate. Specifies that participating nonpublic schools must comply with certain provisions of law applicable to public schools such as criminal background checks for employees and proof of financial responsibility. Requires the participating school to regularly report the student's progress to his parents and specifies government agencies cannot regulate curriculum for such schools. Requires the resident school district to provide transportation for the eligible student to and from the participating school under the same conditions the resident school would if the student were attending his district's school. (S: Stanley)
Referred to Senate Education.

ENERGY & MINING

SB 1398
HB 0455* Watched
Surface mining activities prohibited. Prohibits the department of environment and conservation from issuing or renewing permits related to surface mining activities under specific conditions. (S: Jackson; H: McDonald)
Referred to Senate Environment, Conservation & Tourism.
Taken off notice in House Environment Subcommittee 04/21/2009.

FAMILY LAW

SB 0078*
HB 0605 Watched
Ineligibility for cohabitants to adopt a child. Prohibits the adoption of a minor by either same-sex or opposite-sex individuals cohabiting outside of a marriage that is valid under the constitution and laws of the state. (S: Stanley; H: DeBerry J.)
Referred to Senate Judiciary.
Referred to House Family Justice Subcommittee.

SB 1652
HB 1298* Watched
Agencies advertising to provide child-placing services. Specifies that agencies advertising to provide child-placing services in Tennessee are required to be licensed under Tennessee licensing laws. (S: Burks; H: Jones S.)
Amendment: Senate Commerce amendment 1, House Domestic Relations Subcommittee amendment 1 rewrites the bill. Adds that placement of a child or children for adoption includes persons, corporations, agencies or other entities that are in the business of arranging adoption services, which shall include advertising for such services, accepting clients for a fee, or providing any placing services for a fee. Specifies that only a licensed child placing agency, licensed clinical social worker, or lawyer who is subject to TN rules regarding lawyer advertising can provide such services in TN for a fee. Specifies that only such licensed entities or the prospective adoptive parents are authorized to advertise in any TN publication, periodical, newspaper, telephone directory or TN online directory or similar mechanism. Prohibits out-of-state licensed child placing agencies, licensed clinical social workers or lawyers from doing business in TN unless authorized to do so under respective licensing laws or policies to advertise adoption services. Senate Commerce amendment 2, House Domestic Relations Subcommittee amendment 2 requires that any such agency maintain a physical office within the state or incur expenses involved in the transportation of a licensing consultant to the agency's closest available office.
Senate 05/14/2009 passed with amendments 1 and 2.
Set for House Floor 06/01/2009.

SB 1661*
HB 1586 Watched
Tennessee Women Support Act. Enacts Tennessee Pregnant Women Support Act to provide programs that reduce the need for abortion, help women bear healthy children, and support new parents. Directs the department of health to apply for federal grants to be used to collect data regarding the number of abortions performed in this state, the characteristics of those seeking abortions, and their reasons for choosing abortion. Further directs the department to develop and distribute a pamphlet to physicians providing options or alternatives to abortion in this state. Requires physicians to provide such pamphlet to all pregnant women they treat, or those who inquire about abortion.
Also establishes a toll-free hotline for pregnant women needing information or resources. Creates a fund to be administered by the department of health to support the goals of this act. Funding shall be from gifts, donations, bequests and grants and shall be nonreverting. (S: Burks; H: Curtiss)
Referred to Senate Judiciary.
House Public Health & Family Assistance Subcommittee deferred to year 2010.

SB 1702*
HB 1629 Watched
DCS to provide certain post-adoption services. Requires DCS to provide post-adoption services in order to reduce the risk of adoption dissolution and to support the goal of permanency in adoption.
Establishes the following as post adoption services: crisis intervention, family and individual counseling, support groups for parents and children, advocacy, respite, case management, networking of families and community providers. (S: Overbey; H: McCord)
Amendment: House Children & Family Affairs amendment 1, Senate amendment 2 requires DCS to provide post-adoption services which include crisis intervention, family and individual counseling, support groups for parents and children, referral services for community, education, mental health, and medical provider systems, respite services, case management, and networking of families and community providers to families who have adopted children who DCS had legal responsibility immediately preceding the adoption or to biological families of children adopted through DCS. House Children & Family Affairs amendment 2, Senate amendment 1 specifies that it is the legislative intent that these services must be provided subject to the availability of funds and will not be implemented beyond budgetary limitations.
Senate 04/16/2009 passed with amendments 2 and 1.
House Government Operations 05/20/2009 recommended. Sent to House Calendar & Rules.

SB 1709*
HB 2106 Watched
Tennessee Pregnant Women Support Act. Authorizes the department of health to apply for federal grants to fund the collection of data regarding the number of abortions performed in this state, the characteristics of those seeking abortions, the reasons why women choose abortion, or any other information applicable to supporting pregnant women in this state who may be seeking an abortion. Requires the department of health to create a hotline as well as pamphlets=2 0for doctors' offices to provide interested women with information about public and private health care services available to women during and after the birth of a child. (S: Herron; H: Fincher) Senate Judiciary deferred to 04/21/2009.
Taken off notice in House Public Health & Family Assistance Subcommittee 03/24/2009.

SB 1740
HB 1407 Worked Supported
Records for child abuse investigations. Requires all private and church-related schools to give any team investigating child abuse access to records in their custody pertaining to the child and cooperate fully with the investigation. (S: Marrero; H: Jones S.) Senate passed 03/30/2009.
House passed 05/18/2009.
Sent to governor 05/21/2009.

SB 2136
HB 2159* Worked - Opposed
Embryo Donation and Adoption Act of 2009. Specifies that if an embryo is donated by its genetic parents or by its owners or by a clinic with the legal authority to relinquish its ownership to a woman and her husband, then a child born as the result of the implantation of that embryo is presumed to be the adopted child of such woman and husband.
Requires that a written contract be executed transferring ownership of parental rights of the embryo prior to thawing and transfer of the embryo. States that any provision in such contract that requires visitation by the genetic parent or otherwise places any conditions on the embryo adoption is to be void and of no effect whatsoever.
Clarifies that nothing under this part is to be construed to prohibit open embryo adoption. Permits the adopting parents to file an adoption petition seeking a final order of adoption, but clarifies that the final order of adoption is not required. (S: Black; H: Hensley)
Taken off notice in Senate Judiciary 04/01/2009.
Taken off notice in House Family Justice Subcommittee 04/07/2009.

GOVERNMENT ORGANIZATION

SB 1283*
HB 1598 Worked - Supported w/out amendment #2
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 Judiciary 05/19/2009 recommended with amendment.
House 05/28/2009 passed with amendment 1.

GOVERNMENT REGULATION

SB 2296
HB 2254* Watched
Reports of abuse or neglect of adults. Specifies that the division of mental retardation services of the department of finance and administration is not required to report to the department of human services any allegations of abuse, neglect or exploitation involving any person in any of the institutions operated by the division.
Specifies that such allegations will be investigated by investigators within the division itself. (Part of Administration Package) (S: Kyle; H: Yokley)
Amendment: Senate amendment 2 clarifies that the departments and divisions specified in this bill will assist "with providing the services required under this bill" instead of "in any way possible to provide the services required under this bill". Also, this amendment clarifies that the provision for priority for appropriate placement being given to those in need of protective services who, because of mental or physical illness or developmental disabilities, are in need of specialized care will be "based upon available resources". This amendment also includes those with mental retardation in the class who will be given such priority.
Senate 04/30/2009 passed with amendment 2.
House passed 04/30/2009.
PC 0212 (effective 05/13/2009)

HEALTH CARE

SB 0640*
HB 1532 Worked - Opposed
Emergency Care for Rape Victims Act. Requires hospitals treating rape victims to provide each such victim with written and oral information on emergency contraception and to inform each victim of her option to be provided with emergency contraception; specifies that hospitals with religious affiliations choosing not to comply are excluded from this requirement. (S: Marrero; H: Favors) Taken off notice in Senate General Welfare 04/29/2009.
Taken off notice in House Health Care Facilities Subcommittee 04/29/2009.

SB 0846
HB 0436* Watched
Standards for ambulatory surgical treatment centers. Requires that any physician's office that performs abortions be classified as an as ambulatory surgical treatment centers. Requires the department of health, through the board for licensing health care facilities, to promulgate rules and regulations that contain certain minimum standards for the maintenance and operation of ambulatory surgical treatment centers. (S: Beavers; H: Shipley)
Taken off notice in Senate General Welfare 03/11/2009.
Taken off notice in House Health Care Facilities Subcommittee 04/08/2009.

SB 1239
HB 0819* Watched
Death certificate to be issued for abortions. Requires a death certificate to be filed with the office of vital records for each abortion performed in the state. Requires death certificate to state that the fetal death was due to an abortion. (S: Bunch; H: Campfield)
Referred to Senate Judiciary.
Taken off notice in House Health Care Facilities Subcommittee 03/18/2009.

SB 1426*
HB 1706 Watched
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 health20care 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)
Referred to Senate General Welfare.
Referred to House Professional Occupations Subcommittee.

SB 1569*
HB 1546 Worked - Supported rolled until next year
Donations and dispensation of certain drugs. Revises law to include charitable clinic physicians, in addition to charitable clinics, in definition of who may dispense certain drugs under the Nina Norman Prescription Drug Donation Act of 2006. Also changes definition of who is considered indigent and thereby eligible to receive donation of certain drugs. Changes definition of charitable clinic pharmacy to allow payment of a nominal fee for services. (S: Norris; H: DeBerry J.) Referred to Senate General Welfare.
House Professional Occupations Subcommittee deferred to year 2010.

IMMIGRANT LAW

SB 1745*
HB 1648 Worked - Victory
We Want To Learn English Initiative. Requires the department of labor force and workforce development, in conjunction with the department of education, to establish and administer grant program, "We Want To Learn English Initiative," for the purpose of providing resources for immigrants and refugees to learn English. Broadly captioned. (S: Ketron; H: Jones U.)
Senate passed 05/04/2009.
House passed 05/20/2009.
Sent to governor 05/27/2009.

SB 0010
HB 0013* Worked
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)
Set for Senate Finance, Ways & Means Committee 06/02/2009.
House Finance Budget Subcommittee 05/20/2009 set behind budget.

SB 0463 by Harper,
HB 0129 by Hardaway�Worked - Victory
As introduced, directs human rights commission to develop a Title VI compliance plan applicable to certain state governmental entities; sets out duties of human rights commission in regards to Title VI provisions. - Amends TCA Title 4, Chapter 3.
Passed Senate State & Local Government Committee, House Finance Ways & Means Committee, 5/27/2009.

SB 1209 by Woodson,
HB 1437 by Harwell� Worked rolled until next year
As introduced, limits circumstances in which restraints may be used on a pregnant prisoner or detainee. - Amends TCA Title 41, Chapter 51.
Passed Senate, House Calendar & Rules Committee, 05/21/2009.

LABOR LAW

SB 0083*
HB 0311 Watched
Prohibits local governments from setting minimum wage. Prohibits any local government from requiring a private employer to pay its employees any wage that is not required to be paid by such employer under applicable federal or state law. (S: Stanley; H: Sargent)
Amendment: Senate amendment 120clarifies that the act only applies to contracts entered into on or after bill's effective date. Senate amendment 3 allows statutory exceptions for anything that would bar federal draw down funding.
Senate 03/12/2009 passed with amendments 1 and 3.
Failed in House Employee Affairs Subcommittee 04/21/2009.

PROPERTY & HOUSING

SB 1341
HB 0023* Watched
Homeowners' Emergency Assistance Fund Loans. Authorizes the THDA to make uninsured homeowners' emergency mortgage assistance fund loans to certain, eligible homeowners. Establishes the Homeowners' Emergency Mortgage Assistance Fund. Specifies that to be eligible, a homeowner must be in default, or at risk of default due to an interest rate reset on a conventional subprime adjustable rate mortgage loan used to purchase the homeowner's principal residence. Stays all foreclosure action against any homeowner actively pursuing a homeowners' emergency
mortgage assistance fund loan under certain circumstances. (S: Tate; H: Hardaway)
Referred to Senate Commerce, Labor & Agriculture.
Taken off notice in House State Government Subcommittee 05/06/2009.

SB 1937*
HB 1443 Watched
Time extension for foreclosure notices. Extends the time for the initial public foreclosure notice from 20 days to 90 days. Requires that notice be given to the borrower about foreclosure counseling. Requires mortgage loans be based upon ability of borrower to repay such loans. (S: Ford O.; H: Turner L.)
Senate Commerce, Labor & Agriculture deferred to first calendar of 2010.
Referred to House Commerce Utilities & Banking Subcommittee.

Please add this to the victory list :

The House of Representatives have stopped the passage of this legislation every time it has come up. This is the year we have a shot at it passing. Your email or call can make all the difference.

SJR 127:
SJR 0127
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 Finance amendment 1 specifies that specifies that the
foregoing amendment shall be referred to the 107th General Assembly and this resolution on 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 03/23/2009 heard on third reading and adopted.
Set for House Floor 05/18/2009.

VICTORY

THIS HAS PASSED THE SENATE AND WE NEED YOU TO CALL YOUR REPRESENTATIVES AND ASK THEM TO VOTE YES FOR THIS BILL ON THE HOUSE FLOOR.

SB 1745*
HB 1648
We Want To Learn English Initiative. Requires the department of labor force and workforce development, in conjunction with the department of education, to establish and administer grant program, "We Want To Learn English Initiative," for the purpose of providing resources for
immigrants and refugees to learn English. Broadly captioned. (S: Ketron; H: Jones U.)
Senate passed 05/04/2009.
Set for House Consent 05/18/2009.

BANKING & CREDIT

There have been several bills introduced dealing with leading and banking practices but few have made it to the floor this session. Most of these have been put in a holding patter and could come up again next year. Here are the remaining bills that are showing some movement.

SB 2279
HB 2316*
TN Residential Lending, Brokerage and Servicing Act. Defines "loan processor or underwriter" as an individual performing clerical or support duties as an employee and not an independent contractor under the supervision of a registrant authorized to make residential mortgage
loans. Specifies that the mortgage loan originator is the person who offers or negotiates the terms of a residential mortgage loan. Effective July 31, 2009, prohibits any industrial loan or thrift
company, industrial investment company or industrial bank from making residential mortgage loans unless acting as a licensed mortgage loan originator. Requires as part of registration for mortgage loan originator to pay $100 fee to commissioner of financial institutions and to complete application through the Nationwide Mortgage Licensing System and Registry. Prohibits an endorsement company from making any residential mortgage loans. Removes option to use letter of credit in
lieu of surety bond for residential mortgage loans. Allows commissioner to require, as condition of registration or renewal for applicants that propose to make residential mortgage loans, testing and/or educational requirements to be met. Authorizes commissioner to require an applicant
for a certificate of registration as an industrial loan and thrift company to consent to a criminal history records check and to provide fingerprints. Rewrites the Tennessee Residential Lending, Brokerage and Servicing Act of 1988. Renames the chapter as the "Tennessee Residential Lending, Brokerage and Servicing Act" and declares the act remedial in nature with intent to ensure a sound system of making residential mortgage loans through licensing, examination and
regulation of mortgage lenders, mortgage loan brokers, mortgage loan services and mortgage loan originators and to be compliant with the federal Secure and Fair Enforcement for Mortgage Licensing Act of 2008. Defines "registered mortgage loan originator" as a mortgage loan
originator who is an employee of a depository institution, a subsidiary of a depository institution that is regulated by a federal banking institution, or an institution regulated by the Farm Credit Administration who is registered with the Nationwide Mortgage Licensing System and Registry. Prohibits any contractor or home improvement contractor or other person supplying materials and rendering services in real property improvement from making residential mortgage loans or
being a mortgage loan servicer or mortgage loan broker in TN, except that the prohibition does not apply to the following: depository institution, a subsidiary of a depository institution that is regulated
by a federal banking institution, or an institution regulated by the Farm Credit Administration, an individual making such loan to an immediate family member, an individual making such loan when the loan is secured by a dwelling that served as the individual's dwelling, or a licensed attorney negotiating on behalf of a client as an ancillary matter. Requires mortgage loan originator to be sponsored by a mortgage lender or mortgage loan broker and to meet pre-licensing and continuing
education and written test requirements. Provides for commissioner to issue provisional mortgage loan originator licenses. Authorizes the commissioner, to require an applicant, as a condition of employment with the department,20to provide a fingerprint sample and submit to a criminal background check conducted by the TBI. (56 pp.) (Part of Administration Package.) (S: Kyle; H: Pitts) Amendment: Senate Commerce amendment 1, House Commerce Utilities & Banking Subcommittee amendment 1 provides exemption from having to have mortgage loan originator for manufactured home retailer as long as such retailer is licensed by the department of commerce and insurance.
Senate 05/14/2009 passed with amendment 1.
Set for House Government Operations Committee 05/20/2009.

COMMERCIAL LAW

SB 0847*
HB 1206
Claiming of damages under Consumer Protection Act. Requires an individual claiming damages under Consumer Protection Act to prove causal link between alleged act and person's damages. Requires such a claimant to show actual out-of-pocket loss based on actual market value of good or service received in order to recover damages. (S: Black; H: McCord)
Senate Commerce, Labor & Agriculture deferred to 05/26/2009.
House Consumer & Employee Affairs deferred to last calendar.

FAMILY LAW

SB 1652
HB 1298*
Agencies advertising to provide child-placing services. Specifies that agencies advertising to provide child-placing services in Tennessee are required to be licensed under Tennessee licensing laws. (S: Burks; H: Jones S.) Amendment: Senate Commerce amendment 1, House Domestic Relations Subcommittee amendment 1 rewrites the bill. Adds that placement of a child or children
or adoption includes persons, corporations, agencies or other entities that are in the business of arranging adoption services, which shall include advertising for such services, accepting clients for a fee, or providing any placing services for a fee. Specifies that only a licensed child placing agency, licensed clinical social worker, or lawyer who is subject to TN rules regarding lawyer
advertising can provide such services in TN for a fee. Specifies that only such licensed entities or the prospective adoptive parents are authorized to advertise in any TN publication, periodical, newspaper, telephone directory or TN online directory or similar mechanism. Prohibits out-of-state licensed child placing agencies, licensed clinical social workers or lawyers from doing business in TN unless authorized to do so under respective licensing laws or policies to advertise adoption services. Senate Commerce amendment 2, House Domestic Relations Subcommittee amendment 2 requires that any such agency maintain a physical office within the state or incur expenses
involved in the transportation of a licensing consultant to the agency's closest available office.
Senate 05/14/2009 passed with amendments 1 and 2.
Set for House Calendar & Rules Committee 05/19/2009.

EDUCATION

GOVERNMENT ORGANIZATION

SB 1283*
HB 1598
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)
Set for Senate Judiciary Committee 05/19/2009.
House Judiciary 05/13/2009 recommended with amendment. Sent to House Calendar & Rules.

Thank you for all the help sending e-mails and calling legislators! You made a difference! Never under estimate the power of contacting your legislators on issues. Yours may be just the one that gets them to listen and know that we, Catholics take very seriously our obligation to see that good is upheld in Tennessee and that bad public policy will not go unnoticed.

SB 0640*
HB 1532
Emergency Care for Rape Victims Act. Requires hospitals treating rape victims to provide each such victim with written and oral information on emergency contraception and to inform each victim of her option to be provided with emergency contraception; specifies that hospitals with
religious affiliations choosing not to comply are excluded from this requirement. (S: Marrero; H: Favors)
Taken off notice in Senate General Welfare 04/29/2009.
Taken off notice in House Health Care Facilities Subcommittee 04/29/2009.

This is the second time we have had to fight this bill. Thank you for all the help sending emails and calling legislators! You made a difference!

SB 1745*
HB 1648
We Want To Learn English Initiative. Requires the department of labor force and workforce development, in conjunction with the department of education, to establish and administer grant program, "We Want To Learn English Initiative," for the purpose of providing resources for
immigrants and refugees to learn English. Broadly captioned. (S: Ketron; H: Jones U.)
Senate Commerce, Labor & Agriculture 04/28/2009 recommended.
Sent to Calendar Committee.
House Education K-12 Subcommittee recommended 04/29/2009.
Sent to House Education.

ABORTION

SJR 0127
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)
Senate 03/23/2009 heard on third reading and adopted.
House Budget Subcommittee 04/29/2009 recommended with amendment. Sent to House Finance.

SB 1794*
HB 2204
Abortion - informed consent, third trimester abortions. Requires that the informed written consent of the woman be obtained prior to an abortion, providing for 24-hour period of reflection after the woman receives the information needed for an informed consent. Establishes requirements for a physician or other health care professional to follow in order to obtain informed consent from the woman. Establishes an exception to informed consent and waiting period requirements when necessary to protect the life or health of the woman. (S: Herron; H: Maddox)
Referred to Senate Judiciary.
Taken off notice in House Public Health & Family Assistance Subcommittee 03/17/2009.

SB 1800
HB 0445*
Informed consent for abortions. Requires that the informed written consent of the woman be obtained prior to an abortion, providing for 24-hour period of reflection after the woman receives the information needed for an informed consent. Establishes requirements for a physician or other health care professional to follow in order to obtain informed consent from the woman. Establishes an exception to informed consent and waiting period requirements when necessary to protect the life or health of the woman. (S: Herron; H: Maddox)
Senate Judiciary deferred to 04/21/2009.
Failed in House Public Health and Family Assistance Subcommittee 04/21/2009.

Death certificate to be issued for abortions. Requires a death certificate to be filed with the office of vital records for each abortion performed in the state. Requires death certificate to state
that the fetal death was due to an abortion. (S: Bunch; H: Campfield)
Referred to Senate Judiciary.
Taken off notice in House Health Care Facilities Subcommittee 03/18/2009.

SJR 127 will be on the calendar for the House to vote on Monday May 11th. It is very important that you contact your State Representative and ask them to vote YES for SJR 127.

www.legislature.state.tn.us

The House of Representatives have stopped the passage of this legislation every time it has come up. This is the year we have a shot at it passing. Your email or call can make all the difference.

SJR 127:
SJR 0127
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 Finance amendment 1 specifies that specifies that the foregoing amendment shall be referred to the 107th General Assembly and this resolution on 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 03/23/2009 heard on third reading and adopted.
Set for House Floor 05/11/2009.

Please add this to the victory list :

SB 2136
HB 2159*
Embryo Donation and Adoption Act of 2009. Specifies that if an embryo is donated by its genetic parents or by its owners or by a clinic with the legal authority to relinquish its ownership to a woman and her husband, then a child born as the result of the implantation of that embryo is presumed to be the adopted child of such woman and husband. Requires that a written contract be executed transferring ownership of parental rights of the embryo prior to thawing and transfer of the embryo. States that any provision in such contract that requires visitation by the genetic parent or otherwise places any conditions on the embryo adoption is to be void and of no effect whatsoever. Clarifies that nothing under this part is to be construed to prohibit open embryo adoption. Permits the adopting parents to file an adoption petition seeking a final order of adoption, but clarifies that the final order of adoption is not required. (S: Black; H: Hensley)
Taken off notice in Senate Judiciary 04/01/2009.
Taken off notice in House Family Justice Subcommittee 04/07/2009.

BANKING & CREDIT

There have been several bills introduced dealing with leading and banking practices but few have made it to the floor this session. Most of these have been put in a holding patter and could come up again next year. Here are the remaining bills that are showing some movement.

SB 2279
HB 2316*
TN Residential Lending, Brokerage and Servicing Act. Defines "loan processor or underwriter" as an individual performing clerical or support duties as an employee and not an independent contractor under the supervision of a registrant authorized to make residential mortgage loans. Specifies that the mortgage loan originator is the person who offers or negotiates the terms of a residential mortgage loan. Effective July 31, 2009, prohibits any industrial loan or thrift company, industrial investment company or industrial bank from making residential mortgage loans unless acting as a licensed mortgage loan originator. Requires as part of registration for mortgage loan originator to pay $100 fee to commissioner of financial institutions and to complete application through the Nationwide Mortgage Licensing System and Registry. Prohibits an endorsement company from making any residential mortgage loans. Removes option to use letter of credit in lieu of surety bond for residential mortgage loans. Allows commissioner to require, as condition of registration or renewal for applicants that propose to make residential mortgage loans, testing and/or educational requirements to be met. Authorizes commissioner to require an applicant for a certificate of registration as an industrial loan and thrift company to consent to a criminal history records check and to provide fingerprints. Rewrites the Tennessee Residential Lending, Brokerage and Servicing Act of 1988. Renames the chapter as the "Tennessee Residential Lending, Brokerage and Servicing Act" and declares the act remedial in nature with intent to ensure a sound system of making residential mortgage loans through licensing, examination and regulation of mortgage lenders, mortgage loan brokers, mortgage loan services and mortgage loan originators and to be compliant with the federal Secure and Fair Enforcement for Mortgage Licensing Act of 2008. Defines "registered mortgage loan originator" as a mortgage loan originator who is an employee of a depository institution, a subsidiary of a depository institution that is regulated by a federal banking institution, or an institution regulated by the Farm Credit Administration who is registered with the Nationwide Mortgage Licensing System and Registry. Prohibits any contractor or home improvement contractor or other person supplying materials and rendering services in real property improvement from making residential mortgage loans or being a mortgage loan servicer or mortgage loan broker in TN, except that the prohibition does not apply to the following: depository institution, a subsidiary of a depository institution that is regulated by a federal banking institution, or an institution regulated by the Farm Credit Administration, an individual making such loan to an immediate family member, an individual making such loan when the loan is secured by a dwelling that served as the individual's dwelling, or a licensed attorney negotiating on behalf of a client as an ancillary matter. Requires mortgage loan originator to be sponsored by a mortgage lender or mortgage loan broker and to meet pre-licensing and continuing education and written test requirements. Provides for commissioner to issue provisional mortgage loan originator licenses. Authorizes the commissioner, to require an applicant, as a condition of employment with the department, to provide a fingerprint sample and submit to a criminal background check conducted by the TBI. (56 pp.) (Part of Administration Package.) (S: Kyle; H: Pitts)
Amendment: Senate Commerce amendment 1, House Commerce Utilities & Banking Subcommittee amendment 1 provides exemption from having to have mortgage loan originator for manufactured home retailer as long as such retailer is licensed by the department of commerce and insurance.
Senate Finance, Ways & Means 05/06/2009 recommended. Sent to Calendar Committee.
Set for House Commerce Committee 05/12/2009.

COMMERCIAL LAW

SB 0847*
HB 1206
Claiming of damages under Consumer Protection Act. Requires an individual claiming damages under Consumer Protection Act to prove causal link between alleged act and person's damages. Requires such a claimant to show actual out-of-pocket loss based on actual market value of good or service received in order to recover damages. (S: Black; H: McCord)
Senate Commerce, Labor & Agriculture deferred to 05/26/2009.
House Consumer & Employee Affairs deferred to last calendar.

SB 1763*
HB 2218
Foreclosure-related rescue consultant services for a fee. Makes it an unfair or deceptive act under the Consumer Protection Act to charge a fee for engaging in foreclosure-related rescue services before completing or performing all services related to any such foreclosure-related transaction. (S: Herron; H: Gilmore)
Amendment: House amendment 1 rewrites the bill and does the following: clarifies the definition of a foreclosure-related rescue consultant; specifies which businesses are not included in the definition and which services are included; requires the homeowner receive the contract in writing in at least 12 point font one day prior to the signing date; and requires the consultant give the homeowner three days to consider the agreement if he or she so desires. House amendment 2 exempts from regulation as a foreclosure-rescue consultant an attorney authorized to practice law in this state who is providing legal services to a client. Senate amendment 3 restates the definition of financial institution that is disqualified from being a foreclosure-rescue consultant to specifically include financial institutions that are state or national banks, savings institutions, credit unions, etc. Senate amendment 4 rewrites the bill. Defines "foreclosure-rescue consultant." Prohibits foreclosure-rescue consultants from engaging in or initiating foreclosure-related rescue services without execution of a written agreement with the homeowner. Prohibits the attempted charge, receipt, or collection of payment for foreclosure-related rescue consultant services prior to the completion of all services of the foreclosure-related transaction. Adds violation of this part as an unfair or deceptive act under the Tennessee Consumer Protection Act of 1977.
Senate 04/23/2009 passed with amendment 4 and previously adopted amendment 3.
House 04/30/2009 concurred in Senate amendments 3 and 4.
Sent to governor 05/04/2009.

FAMILY LAW

SB 1652
HB 1298*
Agencies advertising to provide child-placing services. Specifies that agencies advertising to provide child-placing services in Tennessee are required to be licensed under Tennessee licensing laws. (S: Burks; H: Jones S.)
Amendment: Senate Commerce amendment 1, House Domestic Relations Subcommittee amendment 1 rewrites the bill. Adds that placement of a child or children for adoption includes persons, corporations, agencies or other entities that are in the business of arranging adoption services, which shall include advertising for such services, accepting clients for a fee, or providing any placing services for a fee. Specifies that only a licensed child placing agency, licensed clinical social worker, or lawyer who is subject to TN rules regarding lawyer advertising can provide such services in TN for a fee. Specifies that only such licensed entities or the prospective adoptive parents are authorized to advertise in any TN publication, periodical, newspaper, telephone directory or TN online directory or similar mechanism. Prohibits out-of-state licensed child placing agencies, licensed clinical social workers or lawyers from doing business in TN unless authorized to do so under respective licensing laws or policies to advertise adoption services. Senate Commerce amendment 2, House Domestic Relations Subcommittee amendment 2 requires that any such agency maintain a physical office within the state or incur expenses involved in the transportation of a licensing consultant to the agency's closest available office.
Senate Commerce, Labor & Agriculture 05/05/2009 recommended with amendment.
Set for House Children & Family Affairs Committee 05/13/2009.

SB 1702*
HB 1629
DCS to provide certain post-adoption services. Requires DCS to provide post-adoption services in order to reduce the risk of adoption dissolution and to support the goal of permanency in adoption. Establishes the following as post adoption services: crisis intervention, family and individual counseling, support groups for parents and children, advocacy, respite, case management, networking of families and community providers. (S: Overbey; H: McCord)
Amendment: House Children & Family Affairs amendment 1, Senate amendment 2 requires DCS to provide post-adoption services which include crisis intervention, family and individual counseling, support groups for parents and children, referral services for community, education, mental health, and medical provider systems, respite services, case management, and networking of families and community providers to families who have adopted children who DCS had legal responsibility immediately preceding the adoption or to biological families of children adopted through DCS. House Children & Family Affairs amendment 2, Senate amendment 1 specifies that it is the legislative intent that these services must be provided subject to the availability of funds and will not be implemented beyond budgetary limitations.
Senate 04/16/2009 passed with amendments 2 and 1.
Set for House Finance, Ways & Means Committee 05/12/2009.

GOVERNMENT ORGANIZATION

SB 1283*
HB 1598
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)
Set for Senate Judiciary Committee 05/12/2009.
Set for House Judiciary Committee 05/13/2009.

VICTORIES

Thank you for all the help sending e-mails and calling legislators! You made a difference! Never under estimate the power of contacting your legislators on issues. Yours may be just the one that gets them to listen and know that we, Catholics take very seriously our obligation to see that good is upheld in Tennessee and that bad public policy will not go unnoticed.

SB 0640*
HB 1532
Emergency Care for Rape Victims Act. Requires hospitals treating rape victims to provide each such victim with written and oral information on emergency contraception and to inform each victim of her option to be provided with emergency contraception; specifies that hospitals with religious affiliations choosing not to comply are excluded from this requirement. (S: Marrero; H: Favors)
Taken off notice in Senate General Welfare 04/29/2009.
Taken off notice in House Health Care Facilities Subcommittee 04/29/2009.
This is the second time we have had to fight this bill. Thank you for all the help sending emails and calling legislators! You made a difference!

SB 1745*
HB 1648
We Want To Learn English Initiative. Requires the department of labor force and workforce development, in conjunction with the department of education, to establish and administer grant program, "We Want To Learn English Initiative," for the purpose of providing resources for
immigrants and refugees to learn English. Broadly captioned. (S: Ketron; H: Jones U.)
Senate Commerce, Labor & Agriculture 04/28/2009 recommended. Sent to Calendar Committee.
House Education K-12 Subcommittee recommended 04/29/2009. Sent to House Education.

SB 0011*
HB 0293
Examination for driver license shall be in English. Requires all written driver license examinations to be in English unless person can present documentation demonstrating an authorized presence in the United States. Authorizes the department to utilize any verification process to comply with rules and regulations. (S: Ketron; H: Carr) Amendment: Senate amendment 1, House Transportation Public Safety Subcommittee amendment 1 adds German to the list of languages that the department may test in. Senate amendment 2, House Transportation Public
Safety Subcommittee amendment 2 changes the effective date to November 1, 2009 from July 1, 2009.
Senate 04/06/2009 passed with amendments 1 and 2.
Failed in House Transportation Public Safety Subcommittee 04/28/2009.

ABORTION

SJR 0127
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)
Senate 03/23/2009 heard on third reading and adopted.
House Budget Subcommittee 04/29/2009 recommended with amendment. Sent to House Finance.

Death certificate to be issued for abortions. Requires a death certificate to be filed with the office of vital records for each abortion performed in the state. Requires death certificate to state
that the fetal death was due to an abortion. (S: Bunch; H: Campfield)
Referred to Senate Judiciary.
Taken off notice in House Health Care Facilities Subcommittee 03/18/2009.

BANKING & CREDIT

SB 0186
HB 0235*
Creditors to meet with debtors to avoid foreclosure. Requires a creditor to conduct an in-person meeting with debtors in default to provide options that will allow the debtor to avoid foreclosure.
Specifies a creditor must do this only when he has knowledge of the following circumstances of the debtor: an immediate family member of the debtor has died or has a catastrophic illness, the debtor has become unemployed due to circumstances beyond his control, or the debtor is suffering from any catastrophic situation beyond the debtor's control that has caused extreme financial hardship. Details terms for documentation of such meetings and reporting dates. Broadly captioned.
(S: Harper; H: DeBerry J.)
Senate Commerce, Labor & Agriculture deferred to 05/05/2009.
House Commerce Utilities & Banking Subcommittee deferred to 05/05/2009.

SB 0489*
HB 1918
Maximum rate of interest a title pledge lender may charge. Sets the maximum effective rate of interest a title pledge lender may charge at two percent per month. Permits reimbursement for necessary expenses incurred in securing and collecting the title pledge in an amount not
to exceed four percent of the gross amount of the title pledge. (S: Burchett; H: Brooks, Harry)
Senate Commerce, Labor & Agriculture deferred to 05/05/2009.
House Commerce Utilities & Banking Subcommittee deferred to last calendar.

SB 0639
HB 0692*
Survey of interest rates and fees. Requires the department of financial institutions to conduct a survey of interest rates and fees and report its findings to the general assembly by January 15, 2010. (S: Marrero; H: Richardson)
Referred to Senate Commerce, Labor & Agriculture.
Taken off notice in House Commerce Utilities & Banking Subcommittee 04/28/2009.

SB 1765*
HB 1498
Revisions to TN Title Pledge Act. Revises the Tennessee Title Pledge Act to prohibit abusive or predatory practices by title pledge lenders. Removes language that prohibits an action from being brought by a pledgor against a title pledge lender in connection with a title pledge agreement or property pledge agreement more than one year after the date of the alleged occurrence of any violation. Requires written notice to be provided to any person or entity that has made a complaint
to the department of financial institutions about a title pledge lender regarding hearing on suspension or revocation of a title pledge lender's license. Also gives person or entity the opportunity to participate in the hearing and to present evidence. Requires title pledge lender to notify commissioner when a civil lawsuit has been filed against the title pledge lender alleging fraud, misrepresentation, deceit, or other misconduct related to the operation of the title pledge business. Requires information reported by title pledge lenders to the commissioner to be available to the public. Makes other revisions to TN Title Pledge Lender Act. (30 pp.) (S: Herron; H: Turner L.)
Referred to Senate Commerce, Labor & Agriculture.
House Commerce Utilities & Banking Subcommittee deferred to January 2010.

SB 2279
HB 2316*
TN Residential Lending, Brokerage and Servicing Act. Defines "loan processor or underwriter" as an individual performing clerical or support duties as an employee and not an independent contractor under the supervision of a registrant authorized to make residential mortgage loans. Specifies that the mortgage loan originator is the person who offers or negotiates the terms of a residential mortgage loan. Effective July 31, 2009, prohibits any industrial loan or thrift company, industrial investment company or industrial bank from making residential mortgage loans unless acting as a licensed mortgage loan originator. Requires as part of registration for mortgage loan
originator to pay $100 fee to commissioner of financial institutions and to complete application through the Nationwide Mortgage Licensing System and Registry. Prohibits an endorsement company from making any residential mortgage loans. Removes option to use letter of credit in
lieu of surety bond for residential mortgage loans. Allows commissioner to require, as condition of registration or renewal for applicants that propose to make residential mortgage loans, testing and/or educational requirements to be met. Authorizes commissioner to require an applicant
for a certificate of registration as an industrial loan and thrift company to consent to a criminal history records check and to provide fingerprints. Rewrites the Tennessee Residential Lending, Brokerage and Servicing Act of 1988. Renames the chapter as the "Tennessee Residential Lending, Brokerage and Servicing Act" and declares the act remedial in nature with intent to ensure a sound system of making residential mortgage loans through licensing, examination and
regulation of mortgage lenders, mortgage loan brokers, mortgage loan services and mortgage loan originators and to be compliant with the federal Secure and Fair Enforcement for Mortgage Licensing Act of 2008. Defines "registered mortgage loan originator" as a mortgage loan
originator who is an employee of a depository institution, a subsidiary of a depository institution that is regulated by a federal banking institution, or an institution regulated by the Farm Credit
Administration who is registered with the Nationwide Mortgage Licensing System and Registry. Prohibits any contractor or home improvement contractor or other person supplying materials and rendering services in real property improvement from making residential mortgage loans or being a mortgage loan servicer or mortgage loan broker in TN, except that the prohibition does not apply to the following: depository institution, a subsidiary of a depository institution that is regulated by a federal banking institution, or an institution regulated by the Farm Credit Administration, an individual making such loan to an immediate family member, an individual making such loan when the loan is secured by a dwelling that served as the individual's dwelling, or a licensed attorney negotiating on behalf of a client as an ancillary matter. Requires mortgage loan originator to be sponsored by a mortgage lender or mortgage loan broker and to meet pre-licensing and continuing education and written test requirements. Provides for commissioner to issue provisional mortgage loan originator licenses. Authorizes the commissioner, to require an applicant, as a condition of employment with the department, to provide a fingerprint sample and submit to a criminal background check conducted by the TBI. (56 pp.) (Part of Administration Package.) (S: Kyle; H: Pitts) Amendment: Senate Commerce amendment 1, House Commerce Utilities & Banking Subcommittee amendment 1 provides exemption from having to have mortgage loan originator for manufactured home retailer as long as such retailer is licensed by the department of commerce and insurance. Senate Commerce, Labor & Agriculture 04/21/2009 recommended with amendment. Sent to Senate Finance.
House Commerce deferred to 05/05/2009.

COMMERCIAL LAW

SB 1763*
HB 2218
Foreclosure-related rescue consultant services for a fee. Makes it an unfair or deceptive act under the Consumer Protection Act to charge a fee for engaging in foreclosure-related rescue services before completing or performing all services related to any such foreclosure-related transaction. (S: Herron; H: Gilmore) Amendment: House amendment 1 rewrites the bill and does the following: clarifies the definition of a foreclosure-related rescue consultant; specifies which businesses are not included in the definition and which services are included; requires the homeowner receive the contract in writing in at least 12 point font one day prior to the signing date; and requires the consultant give the homeowner three days to consider the agreement if he or she so desires. House amendment 2 exempts from regulation as a foreclosure-rescue consultant an attorney authorized to practice law in this state who is providing legal services to a client. Senate amendment 3 restates the definition of financial institution that is disqualified from being a foreclosure-rescue consultant to specifically include financial institutions that are state or national banks, savings institutions, credit unions, etc. Senate amendment 4 rewrites the bill. Defines "foreclosure-rescue consultant." Prohibits foreclosure-rescue consultants from engaging in or initiating foreclosure-related rescue services without execution of a written agreement with the homeowner. Prohibits the attempted charge, receipt, or collection of payment for foreclosure-related rescue consultant services prior to the completion of all services of the foreclosure-related transaction. Adds violation of this part as an unfair or deceptive act under the Tennessee Consumer Protection Act of 1977.
Senate 04/23/2009 passed with amendment 4 and previously adopted amendment 3.
House 04/30/2009 concurred in Senate amendments 3 and 4. Sent to the speakers for signatures 04/30/2009.

FAMILY LAW

SB 0078*
HB 0605
Ineligibility for cohabitants to adopt a child. Prohibits the adoption of a minor by either same-sex or opposite-sex individuals cohabiting outside of a marriage that is valid under the constitution and laws of the state. (S: Stanley; H: DeBerry J.)
Referred to Senate Judiciary.
Referred to House Family Justice Subcommittee.

SB 1652
HB 1298*
Agencies advertising to provide child-placing services. Specifies that agencies advertising to provide child-placing services in Tennessee are required to be licensed under Tennessee licensing laws. (S: Burks; H: Jones S.) Amendment: House Domestic Relations Subcommittee amendment 1 makes the bill. House Domestic Relations Subcommittee amendment 2 requires any agency to maintain a physical office within the state or incur expenses involved with transportation.
Senate Commerce, Labor & Agriculture deferred to 05/05/2009.
House Children & Family Affairs deferred to 05/06/2009.

SB 1661*
HB 1586
Tennessee Women Support Act. Enacts Tennessee Pregnant Women Support Act to provide programs that reduce the need for abortion, help women bear healthy children, and support new parents. Directs the department of health to apply for federal grants to be used to collect data regarding the number of abortions performed in this state, the characteristics of those seeking abortions, and their reasons for choosing abortion. Further directs the department to develop and distribute a pamphlet to physicians providing options or alternatives to abortion in this state. Requires physicians to provide such pamphlet to all pregnant women they treat, or those who inquire about abortion. Also establishes a toll-free hotline for pregnant women needing information or resources. Creates a fund to be administered by the department of health to support the goals of this act. Funding shall be from gifts, donations, bequests and grants and shall be nonreverting.
(S: Burks; H: Curtiss)
Referred to Senate Judiciary.
House Public Health & Family Assistance Subcommittee deferred to year 2010.

SB 1702*
HB 1629
DCS to provide certain post-adoption services. Requires DCS to provide post-adoption services in order to reduce the risk of adoption dissolution and to support the goal of permanency in adoption. Establishes the following as post adoption services: crisis intervention, family and individual counseling, support groups for parents and children, advocacy, respite, case management, networking of families and community providers. (S: Overbey; H: McCord) Amendment: House Children & Family Affairs amendment 1, Senate amendment 2 requires DCS to provide post-adoption services which include crisis intervention, family and individual counseling, support groups for parents and children, referral services for community, education, mental health, and medical provider systems, respite services, case management, and networking of families and community providers to families who have adopted children who DCS had legal responsibility immediately preceding the adoption or to biological families of children adopted through DCS. House Children & Family Affairs amendment 2, Senate amendment 1 specifies that it is the
legislative intent that these services must be provided subject to the availability of funds and will not be implemented beyond budgetary limitations.
Senate 04/16/2009 passed with amendments 2 and 1.
Referred to House Finance Budget Subcommittee.

SB 1702*
HB 1629
DCS to provide certain post-adoption services. Requires DCS to provide post-adoption services in order to reduce the risk of adoption dissolution and to support the goal of permanency in adoption. Establishes the following as post adoption services: crisis intervention, family and individual counseling, support groups for parents and children, advocacy, respite, case management, networking of families and community providers. (S: Overbey; H: McCord) Amendment: House Children & Family Affairs amendment 1, Senate amendment 2 requires DCS to provide post-adoption services which include crisis intervention, family and individual counseling, support groups for parents and children, referral services for community, education, mental health, and medical provider systems, respite services, case management, and networking of families.

SB 1740
HB 1407
Records for child abuse investigations. Requires all private and church-related schools to give any team investigating child abuse access to records in their custody pertaining to the child and
cooperate fully with the investigation. (S: Marrero; H: Jones S.) Senate passed 03/30/2009.
House Judiciary deferred toes and community providers to families who have adopted children who DCS had legal responsibility immediately preceding the adoption or to biological families of children adopted through DCS. House Children & Family Affairs amendment 2, Senate amendment 1 specifies that it is the legislative intent that these services must be provided subject to the availability of funds and will not be implemented beyond budgetary limitations.
Senate 04/16/2009 passed with amendments 2 and 1.
Referred to House Finance Budget Subcommittee.

SB 0638
HB 0686*
Providing of services by DCS to children over 18. Requires DCS to review the status of any person who has reached 18 years of age to determine if the person wishes to remain in the care of the department in order to complete high school. Requires DCS to provide services to such person until the person reaches 21 years of age. (S: Marrero; H: Richardson) Amendment: House Domestic Relations Subcommittee amendment 1 creates a non-paid advisory post-custody committee to advise and develop relevant programs under the select committee on children and youth.
Senate General Welfare deferred to 05/06/2009.
House Children & Family Affairs deferred to 05/06/2009. Select Committee on Children & Youth 04/16/2009 reviewed.

SB 1709*
HB 2106
Tennessee Pregnant Women Support Act. Authorizes the department of health to apply for federal grants to fund the collection of data regarding the number of abortions performed in this state, the characteristics of those seeking abortions, the reasons why women choose abortion, or any other information applicable to supporting pregnant women in this state who may be seeking an abortion. Requires the department of health to create a hotline as well as pamphlets for doctors' offices to provide interested women with information about public and private health care services available to women during and after the birth of a child. (S: Herron; H: Fincher)
Senate Judiciary deferred to 04/21/2009.
Taken off notice in House Public Health & Family Assistance Subcommittee

SB 1740
HB 1407
Records for child abuse investigations. Requires all private and church-related schools to give any team investigating child abuse access to records in their custody pertaining to the child and
cooperate fully with the investigation. (S: Marrero; H: Jones S.)
Senate passed 03/30/2009.
House Judiciary deferred to 05/06/2009.

SB 2136
HB 2159*
Embryo Donation and Adoption Act of 2009. Specifies that if an embryo is donated by its genetic parents or by its owners or by a clinic with the legal authority to relinquish its ownership to a woman and her husband, then a child born as the result of the implantation of that embryo is presumed to be the adopted child of such woman and husband. Requires that a written contract be executed transferring ownership of parental rights of the embryo prior to thawing and transfer of the
embryo. States that any provision in such contract that requires visitation by the genetic parent or otherwise places any conditions on the embryo adoption is to be void and of no effect whatsoever.
Clarifies that nothing under this part is to be construed to prohibit open embryo adoption. Permits the adopting parents to file an adoption petition seeking a final order of adoption, but clarifies that the final order of adoption is not required. (S: Black; H: Hensley)
Taken off notice in Senate Judiciary 04/01/2009.
Taken off notice in House Family Justice Subcommittee 04/07/2009.

GOVERNMENT ORGANIZATION

SB 1283*
HB 1598
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)
Senate Judiciary deferred to 05/06/2009.
House Civil Practice Subcommittee deferred to 05/05/2009.

GOVERNMENT REGULATION

SB 2296
HB 2254*
Reports of abuse or neglect of adults. Specifies that the division of mental retardation services of the department of finance and administration is not required to report to the department of human
services any allegations of abuse, neglect or exploitation involving any person in any of the institutions operated by the division. Specifies that such allegations will be investigated by investigators within the division itself. (Part of Administration Package) (S: Kyle; H: Yokley) Amendment: Senate amendment 2 clarifies that the departments and > divisions specified in this bill will assist "with providing the services required under this bill" instead of "in any way possible to provide the services required under this bill". Also, this amendment clarifies that the provision for priority for appropriate placement being given to those in need of protective services who, because of mental or physical illness or developmental disabilities, are in need of specialized care will be "based upon available resources". This amendment also includes those with mental retardation in the class who will be given such priority. Senate 04/30/2009 passed with amendment 2, which clarifies that the departments and divisions specified in this bill will assist "with providing the services required under this bill" instead of "in any way possible to provide the services required under this bill". Also, this amendment clarifies that the provision for priority for appropriate placement being given to those in need of protective services who, because of mental or physical illness or developmental disabilities, resources". This amendment also includes those with mental retardation in the class who will be given such priority.
House passed 04/30/2009.
Sent to the speakers for signatures 04/30/2009.

HEALTH CARE

SB 0640*
HB 1532
Emergency Care for Rape Victims Act. Requires hospitals treating rape victims to provide each such victim with written and oral information on emergency contraception and to inform each victim of her option to be provided with emergency contraception; specifies that hospitals with religious affiliations choosing not to comply are excluded from this requirement. (S: Marrero; H: Favors)
Taken off notice in Senate General Welfare 04/29/2009.
Taken off notice in House Health Care Facilities Subcommittee 04/29/2009.

SB 0470*
HB 1756
Disposition of family planning funds. Requires the commissioner of health to adopt rules specifying eligibility standards that a women's health program must meet as a precondition to receiving state funding. Requires commissioner to provide reasonable methods by which an
applicant wishing to be eligible for federal funding may comply with the eligibility standards for state funding without losing its eligibility for federal funding. Also requires commissioner to issue a
single request for proposals for all funding, public or private, for women's health services and send notification of this request for proposals to every public women's health services provider in this
state. After the closing date for receiving funding applications, requires the commissioner to first consider funding requests from public women's health services providers that apply for funding for
women's health services to be provided directly and exclusively by its own personnel. (S: Johnson J.; H: Hensley)
Referred to Senate General Welfare.
House Public Health & Family Assistance Subcommittee deferred to 05/05/2009.

SB 2316
HB 2265*
Protection of vulnerable persons. Requires, for all new employees or volunteers counted in staff/adult ratio or who have unsupervised access to adults in adult day care and for all new department licensing staff who provide services to adults in the DHS adult day care licensing
program and all new counselors and supervisors in the adult protective services program or anyone applying to work with children in a child care agency, detention center, or in any DHS position that may involve contact with children or is 15 and resides in a child care agency, in addition to criminal background checks, a review of the following: the registry of persons who have abused, neglected, or misappropriated the property of vulnerable individuals; the state sex offender registry; records of indicated perpetrators of abuse of children or adults maintained by DCS and DHS. Specifies that inclusion in any of such records disqualifies a person from employment in adult day care or a
child care agency. Requires any applicant for employment in a child care agency to disclose any criminal, juvenile, registry or records history. Requires DHS to conduct such review for employees of its licensing division and for license applicants and operators. Requires DHS to suspend, deny, or revoke the license or operator status of any person included in the registries or records. Requires DCS and DHS to develop a procedure so that the names of all potential employees or volunteers of DHS who may have contact with children in a child care agency or with adults in an adult day care agency licensed by DHS will be submitted to DCS to determine if the person has perpetrated abuse or neglect against these populations. (11 pp.) (Part of Administration Package) (S: Kyle; H: Jones S.) Amendment: Senate amendment 1 rewrites the bill to require DCS and DHS to develop a procedure whereby the names and other identifying information for all potential employees of DHS in the department's licensing division and adult protective services program and any persons who may have contact with children in a child care agency or with adults in an adult day care agency licensed by DHS, must be submitted to DCS and DHS adult protective services program to determine if the potential employees or other persons are found by DCS or DHS adult protective services program to have perpetrated abuse or gross neglect of a child or adult. Requires a review of the records and registries set forth to be conducted for all new employees, or for volunteers who are counted in the staff/adult participant ratio and those volunteers who have unsupervised access to the adult participants to include the following: criminal background history, juvenile records history available to the TBI, state's sex offender registry, and records of indicated perpetrators of abuse maintained by DCS and DHS. Establishes that conviction by a criminal court or adjudication by the juvenile court for an offense must disqualify such a person from employment with, or from having any access whatsoever to adults in an adult day care center and from employment with the department as regulatory staff in the department's adult day care licensing program and service staff in the adult protective services program. Requires the following to complete a disclosure form in a manner approved by the department disclosing criminal records: a person applying to work with children as a paid employee, director, or manager with a child care agency; a person who is a new substitutes staff person, paid or unpaid, and who is to be used by the child care agency; and a person 15 years or older who resides in a child care agency. Establishes the minimum required information to be included on a disclosure form. Prohibits the child care agency or the department from allowing a person to assume any role prior to the completion of a review of the criminal history and juvenile records available to the TBI. Clarifies that the failure of a child care agency to exclude a person with a prohibited criminal, juvenile, vulnerable persons or sex offered registry or perpetrator records will subject the agency to immediate suspension of the agency's license by the department. Establishes that any person who is excluded or whose license or operator status is denied or revoked based upon the results of the disclosure form statement or background check and criminal history check may appeal the exclusion to the department within 10 days of the mailing date of the notice. Establishes that it is unlawful for any person to falsify any information required on the disclosure form and to do so is a Class A misdemeanor (24 pp.).
Senate 04/30/2009 passed with amendment 1.
House Health Care Facilities Subcommittee recommended 04/29/2009 with amendment 1. Sent to House Health & Human Resources.

SB 0846
HB 0436*
Standards for ambulatory surgical treatment centers. Requires that any physician's office that performs abortions be classified as an as ambulatory surgical treatment centers. Requires the department of health, through the board for licensing health care facilities, to promulgate rules and regulations that contain certain minimum standards for the maintenance and operation of ambulatory surgical treatment centers. (S: Beavers; H: Shipley)
Taken off notice in Senate General Welfare 03/11/2009.
Taken off notice in House Health Care Facilities Subcommittee 04/08/2009.

SB 1239
HB 0819*
Death certificate to be issued for abortions. Requires a death certificate to be filed with the office of vital records for each abortion performed in the state. Requires death certificate to state that the fetal death was due to an abortion. (S: Bunch; H: Campfield)
Referred to Senate Judiciary.
Taken off notice in House Health Care Facilities Subcommittee 03/18/2009.

SB 1426*
HB 1706
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)
Referred to Senate General Welfare.
Referred to House Professional Occupations Subcommittee.

SB 1569*
HB 1546
Donations and dispensation of certain drugs. Revises law to include > charitable clinic physicians, in addition to charitable clinics, in definition of who may dispense certain drugs under the Nina Norman Prescription Drug Donation Act of 2006. Also changes definition of who is considered indigent and thereby eligible to receive donation of certain drugs. Changes definition of charitable clinic pharmacy to allow payment of a nominal fee for services. (S: Norris; H: DeBerry J.) Referred to Senate General Welfare.
House Professional Occupations Subcommittee deferred to 05/05/2009.

IMMIGRANTS

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)
Senate Judiciary deferred to 05/06/2009.
Referred to House Finance Budget 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.

LABOR LAW

SB 0083*
HB 0311
Prohibits local governments from setting minimum wage. Prohibits any local government from requiring a private employer to pay its employees any wage that is not required to be paid by such employer under applicable federal or state law. (S: Stanley; H: Sargent) Amendment: Senate amendment 1 clarifies that the act only applies to contracts entered into on or after bill's effective date. Senate amendment 3 allows statutory exceptions for anything that would bar federal draw down funding.
Senate 03/12/2009 passed with amendments 1 and 3.
Failed in House Employee Affairs Subcommittee 04/21/2009.

PROPERTY & HOUSING

SB 1341
HB 0023*
Homeowners' Emergency Assistance Fund Loans. Authorizes the THDA to make uninsured homeowners' emergency mortgage assistance fund loans to certain, eligible homeowners. Establishes the Homeowners' Emergency Mortgage Assistance Fund. Specifies that to be eligible, a homeowner must be in default, or at risk of default due to an interest rate reset on a conventional subprime adjustable rate mortgage loan used to purchase the homeowner's principal residence. Stays all foreclosure action against any homeowner actively pursuing a homeowners' emergency mortgage assistance fund loan under certain circumstances. (S: Tate; H: Hardaway)
Referred to Senate Commerce, Labor & Agriculture.
House State Government Subcommittee deferred to 05/06/2009.

CPPC LEGISLATIVE UP DATE 4-25-09

HEALTH CARE

SJR 0127 ALERT - PLEASE VOTE FOR
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)
Senate 03/23/2009 heard on third reading and adopted.
Set for House Finance Budget Subcommittee 04/29/2009. THIS IS THE COMMITTEE THAT WILL DO ITS BEST TO STOP THIS BILL.

SB 0640*
HB 1532 ALERT - PLEASE VOTE AGAINST
Emergency Care for Rape Victims Act. Requires hospitals treating rape victims to provide each such victim with written and oral information on emergency contraception and to inform each victim of her option to be provided with emergency contraception; specifies that hospitals with religious affiliations choosing not to comply are excluded from this requirement. (S: Marrero; H: Favors)
Set for Senate General Welfare Committee 04/29/2009.
Set for House Health Care Facilities Subcommittee 04/29/2009.

SB 1569* ALERT- PLEASE VOTE FOR
HB 1546
Donations and dispensation of certain drugs. Revises law to include charitable clinic physicians, in addition to charitable clinics, in definition of who may dispense certain drugs under the Nina Norman Prescription Drug Donation Act of 2006. Also changes definition of who is considered indigent and thereby eligible to receive donation of certain drugs. Changes definition of charitable clinic pharmacy to allow payment of a nominal fee for services. (S: Norris; H: DeBerry J.) Referred to Senate General Welfare.
Set for House Professional Occupations Subcommittee 04/28/2009.

BANKING & CREDIT

SB 0186 BILL UP - CPPC SUPPORTS
HB 0235*
Creditors to meet with debtors to avoid foreclosure. Requires a creditor to conduct an in-person meeting with debtors in default to provide options that will allow the debtor to avoid foreclosure. Specifies a creditor must do this only when he has knowledge of the following circumstances of the debtor: an immediate family member of the debtor has died or has a catastrophic illness, the debtor has become unemployed due to circumstances beyond his control, or the debtor is suffering from any catastrophic situation beyond the debtor's control that has caused extreme financial hardship. Details terms for documentation of such meetings and reporting dates. Broadly captioned. (S: Harper; H: DeBerry J.)
Set for Senate Commerce, Labor & Agriculture Committee 20 04/28/2009.
Set for House Utilities & Banking Subcommittee 04/28/2009.

SB 0489*
HB 1918 BILL UP THIS WEEK CPPC SUPPORTS
Maximum rate of interest a title pledge lender may charge. Sets the maximum effective rate of interest a title pledge lender may charge at two percent per month. Permits reimbursement for necessary expenses incurred in securing and collecting the title pledge in an amount not to exceed four percent of the gross amount of the title pledge. (S: Burchett; H: Brooks, Harry)
Set for Senate Commerce, Labor & Agriculture Committee 04/28/2009.
House Commerce Utilities & Banking Subcommittee deferred to last calendar.

SB 0639
HB 0692* BILL UP - CPPC SUPPORTS
Survey of interest rates and fees. Requires the department of financial institutions to conduct a survey of interest rates and fees and report its findings to the general assembly by January 15, 2010. (S: Marrero; H: Richardson)
Referred to Senate Commerce, Labor & Agriculture.
Set for House Utilities & Banking Subcommittee 04/28/2009.

SB 0749* BILL UP - CPPC SUPPORTS
HB 1926
Requirements for lenders of high-cost home loans. Requires a lender of a high-cost home loan to verify that the borrower has received appropriate housing counseling. (S: Marrero; H: Richardson)
Set for Senate Commerce, Labor & Agriculture Committee 04/28/2009.
Set for House Utilities & Banking Subcommittee 04/28/2009.

SB 1763* VICTORY - BILL PASSED SUPPORTED BY CPPC
HB 2218
Foreclosure-related rescue consultant services for a fee. Makes it an unfair or deceptive act under the Consumer Protection Act to charge a fee for engaging in foreclosure-related rescue services before completing or performing all services related to any such foreclosure-related transaction. (S: Herron; H: Gilmore) Amendment: House amendment 1 rewrites the bill and does the following: clarifies the definition of a foreclosure-related rescue consultant; specifies which businesses are not included in the definition and which services are included; requires the homeowner receive the contract in writing in at least 12 point font one day prior to the signing date; and requires the consultant give the homeowner three days to consider the agreement if he or she so desires. House amendment 2 exempts from regulation as a foreclosure-rescue consultant an attorney authorized to practice law in this state who is providing legal services to a client. Senate amendment 3 restates the definition of financial institution that is disqualified from being a foreclosure-rescue consultant to specifically include financial institutions that are state or national banks, savings institutions, credit unions, etc. Senate amendment 4 rewrites the bill. Defines "foreclosure-rescue consultant." Prohibits foreclosure-rescue consultants from engaging in or initiating foreclosure-related rescue services without execution of a written agreement with the homeowner. Prohibits the attempted charge, receipt, or collection of payment for foreclosure-related rescue consultant services prior to the completion of all services of the foreclosure-related transaction. Adds violation of this part as an unfair or deceptive act under the Tennessee Consumer Protection Act of 1977.
Senate 04/23/2009 passed with amendment 4 and previously adopted amendment 3.
House 04/13/2009 passed with amendments 1 and 2.

PROPERTY & HOUSING

SB 1341 BILL UP CPPC WATCHING
HB 0023*
Homeowners' Emergency Assistance Fund Loans. Authorizes the THDA to make uninsured homeowners' emergency mortgage assistance fund loans to certain, eligible homeowners. Establishes the Homeowners' Emergency Mortgage Assistance Fund. Specifies that to be eligible, a homeowner must be in default, or at risk of default due to an interest rate reset on a conventional subprime adjustable rate mortgage loan used to purchase the homeowner's principal residence. Stays all foreclosure action against any homeowner actively pursuing a homeowners' emergency mortgage assistance fund loan under certain circumstances. (S: Tate; H: Hardaway)
Referred to Senate Commerce, Labor & Agriculture.
Set for House State Government Subcommittee 04/29/2009.

CRIMINAL LAW

SB 0261* CPPC SUPPORTS THIS BILL
HB 0596
Recording of custodial interrogation related to homicide. Requires all statements made by a person during a custodial interrogation relating to a homicide to be electronically recorded and preserved. (S: Jackson; H: Coleman)

SB 1800 THIS BILL IS DEAD FOR THIS SESSION
HB 0445*
Informed consent for abortions. Requires that the informed written consent of the woman be obtained prior to an abortion, providing for 24-hour period of reflection after the woman receives the information needed for an informed consent. Establishes requirements for a physician or other health care professional to follow in order to obtain informed consent from the woman. Establishes an exception to informed consent and waiting period requirements when necessary to protect the life or health of the woman. (S: Herron; H: Maddox)
Senate Judiciary deferred to 04/21/2009.
Failed in House Public Health and Family Assistance Subcommittee 04/21/2009.
Senate Judiciary deferred to last calendar.
Taken off notice in House Criminal Practice Subcommittee 04/22/2009.

COMMERCIAL LAW

SB 1763* CPPC WATCHED AND SUPPORTED - BILL PASSED
HB 2218
Foreclosure-related rescue consultant services for a fee. Makes it an unfair or deceptive act under the Consumer Protection Act to charge a fee for engaging in foreclosure-related rescue services before completing or performing all services related to any such foreclosure-related transaction. (S: Herron; H: Gilmore) Amendment: House amendment 1 rewrites the bill and does the following: clarifies the definition of a foreclosure-related rescue consultant; specifies which businesses are not included in the definition and which services are included; requires the homeowner receive the contract in writing in at least 12 point font one day prior to the signing date; and requires the consultant give the homeowner three days to consider the agreement if he or she so desires. House amendment 2 exempts from regulation as a foreclosure-rescue consultant an attorney authorized to practice law in this state who is providing legal services to a client. Senate amendment 3 restates the definition of financial institution that is disqualified from being a foreclosure-rescue consultant to specifically include financial institutions that are state or national banks, savings institutions, credit unions, etc. Senate amendment 4 rewrites the bill. Defines "foreclosure-rescue consultant." Prohibits foreclosure-rescue consultants from engaging in or initiating foreclosure-related rescue services without execution of a written agreement with the homeowner. Prohibits the attempted charge, receipt, or collection of payment for foreclosure-related rescue consultant services prior to the completion of all services of the foreclosure-related transaction. Adds violation of this part as an unfair or deceptive act under the Tennessee Consumer Protection Act of 1977.
Senate 04/23/2009 passed with amendment 4 and previously adopted amendment 3.
House 04/13/2009 passed with amendments 1 and 2.

FAMILY LAW

SB 1661* CPPC SUPPORTS THIS BILL
HB 1586
Tennessee Women Support Act. Enacts Tennessee Pregnant Women Support Act to provide programs that reduce the need for abortion, help women bear healthy children, and support new parents. Directs the department of health to apply for federal grants to be used to collect data regarding the number of abortions performed in this state, the characteristics of those seeking abortions, and their reasons for choosing abortion. Further directs the department to develop and distribute a pamphlet to physicians providing options or alternatives to abortion in this state. Requires physicians to provide such pamphlet to all pregnant women they treat, or those who inquire about abortion. Also establishes a toll-free hotline for pregnant women needing information or resources. Creates a fund to be administered by the department of health to support the goals of this act. Funding shall be from gifts, donations, bequests and grants and shall be non-reverting. (S: Burks; H: Curtiss)
Referred to Senate Judiciary.
Set for House Public Health and Family Assistance Subcommittee 04/28/2009.

SB 1740 CPPC WATCHING
HB 1407
Records for child abuse investigations. Requires all private and church-related schools to give any team investigating child abuse access to records in their custody pertaining to the child and cooperate fully with the investigation. (S: Marrero; H: Jones S.)
Senate passed 03/30/2009.
Set for House Judiciary Committee 04/29/2009.

GOVERNMENT ORGANIZATION

SB 1283* CPPC SUPPORTS AND WORKING TOWARD PASSAGE
HB 1598
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)
Placed on s/c cal Civil Practice and Procedure of JUD for 04/28/2009.
Placed on S. Jud Comm. cal. for 04/29/2009.

Immigration and education

EDUCATION CPPC SUPPORTS AND ACTIVELY WORKING
SB 1745*
HB 1648
We Want To Learn English Initiative. Requires the department of labor force and workforce development, in conjunction with the department of education, to establish and administer grant program, "We Want To Learn English Initiative," for the purpose of providing resources for immigrants and refugees to learn English. Broadly captioned. (S: Ketron; H: Jones U.)
Set for Senate Commerce, Labor & Agriculture Committee 04/28/2009.
Set for House Education K-12 Subcommittee 04/29/2009.
Set for Senate Judiciary Committee 04/29/2009.
Set for House Civil Practice Subcommittee 04/28/2009.

FAMILY LAW

SB 1652 CPPC ACTIVELY SUPPORTS
HB 1298*
Agencies advertising to provide child-placing services. Specifies that agencies advertising to provide child-placing services in Tennessee are required to be licensed under Tennessee licensing laws. (S: Burks; H: Jones S.)
Amendment:
House Domestic Relations Subcommittee amendment 1 makes the bill.
House Domestic Relations Subcommittee amendment 2 requires any agency to maintain a physical office within the state or incur expenses involved with transportation.
Set for Senate Commerce, Labor & Agriculture Committee 04/28/2009.
Set for House Children & Family Affairs Committee 04/29/2009.

SB 0078* CPPC WATCHING
HB 0605
Ineligibility for cohabitants to adopt a child. Prohibits the adoption of a minor by either same-sex or opposite-sex individuals cohabiting outside of a marriage that is valid under the constitution and laws of the state. (S: Stanley; H: DeBerry J.)
Referred to Senate Judiciary.
Referred to House Family Justice Subcommittee.

SB 1702* CPPC SUPPORTS - WATCHING
HB 1629
DCS to provide certain post-adoption services. Requires DCS to provide post-adoption services in order to reduce the risk of adoption dissolution and to support the goal of permanency in adoption. Establishes the following as post adoption services: crisis intervention, family and individual counseling, support groups for parents and children, advocacy, respite, case management, networking of families and community providers. (S: Overbey; H: McCord)
Amendment:
Senate amendment 1 specifies that it is the legislative intent that these services must be provided subject to the availability of funds and will not be implemented beyond budgetary limitations.
Senate amendment 2 requires DCS to provide post-adoption services which include crisis intervention, family and individual counseling, support groups for parents and children, referral services for community, education, mental health, and medical provider systems, respite services, case management, and networking of families and community providers to families who have adopted children who DCS had legal responsibility immediately preceding the adoption or to biological families of children adopted through DCS.
House Domestic Relations Subcommittee amendment 1, as amended, makes the bill. Requires DCS to provide post-adoption services which include crisis intervention, family and individual counseling, support groups for parents and children, referral services for community, education, mental health, and medical provider systems, respite services, case management, and networking of families and community providers to families who have adopted children who DCS had legal responsibility immediately preceding the adoption or to biological families of children adopted through DCS. Specifies that it is the legislative intent that these services must be provided subject to the availability of funds and will not be implemented beyond budgetary limitations.
Senate 04/16/2009 passed with amendments 2 and 1.
Set for House Children & Family Affairs Committee 04/29/2009.

LABOR LAW

SB 0083* CPPC WATCHING THIS BILL - WHILE IT FAILED TO PASS IN THE HOUSE IT HAS PASSED THE SENATE AND WILL COME BACK NEXT YEAR.
HB 0311
Prohibits local governments from setting minimum wage. Prohibits any local government from requiring a private employer to pay its employees any wage that is not required to be paid by such employer under applicable federal or state law. (S: Stanley; H: Sargent) Amendment: Senate amendment 1 clarifies that the act only applies to contracts entered into on or after bill's effective date. Senate amendment 3 allows statutory exceptions for anything that would bar federal draw down funding.
Senate 03/12/2009 passed with amendments 1 and 3.
Failed in House Employee Affairs Subcommittee 04/21/2009.

CRIMINAL LAW

SB 0010 CPPC ACTIVELY OPPOSES THIS BILL
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)
Set for Senate Judiciary Committee 04/29/2009.
Set for House Judiciary Committee 04/29/2009.

ENERGY & MINING

These two bills will be addressed again next year.

SB 1398
HB 0455*
Surface mining activities prohibited. Prohibits the department of environment and conservation from issuing or renewing permits related to surface mining activities under specific conditions. (S: Jackson; H: McDonald)
Referred to Senate Environment, Conservation & Tourism.
Taken off notice in House Environment Subcommittee 04/21/2009.

SB 1406
HB 0899*
Prohibitions on surface mining permits. Prohibits the commissioner of the department of environment and conservation from issuing or renewing a permit that would allow surface coal operations, or resulting waste, fill or in-stream treatment within 100 feet of any waters of the state. Also prohibits the commissioner from issuing or renewing a permit that would allow surface coal mining operations to alter or disturb any ridge line that is above 2,000 feet above sea level. (S: Ketron; H: Dunn)
Amendment:
House Environment Subcommittee amendment 1 rewrites section one of the bill. Clarifies the definition of ridgeline as the elongated crest at the uppermost intersection between mountains including all surface land within 100 feet below the elevation of any such line or surface of intersection a long the crest. Also clarifies that any "stream previously disturbed by mining" must be located within an area defined as a priority one or two abandoned mine land by the department of environment and conservation to qualify under this section. Specifies that the prohibition on coal mining above 2000 feet does not prohibit any otherwise allowable surface coal mining above 2000 feet that does not alter or disturb a ridgeline. Clarifies that the commissioner is permitted to authorize the construction or maintenance of stream or ridgeline crossings including utility, rail, or pipeline crossings or road crossing necessary to obtain access to underground or surface mining activities or reclamation activities that are permissible. Referred to Senate Environment, Conservation & Tourism.
Taken off notice in House Environment Subcommittee 03/31/2009.

URGENT: TAKE ACTION NOW
One phone call or one email will make a big difference.
House Budget Subcommittee will vote on April 29th

SJR 0127: 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)

Please contact the committee and ask that they vote YES for SJR 127
This is a step towards giving the power to make the laws governing abortion back to the elected officials and away from the appointed members of the State Supreme Court. Tennesseans have the right to have a voice in the decisions made about abortion in our state through the legislators that they put in office.

Rep. Harry Tindell: 741-2031 rep.harry.tindell@capitol.tn.gov
Rep. Joe Armstrong: 741-0768 rep.joe.armstrong@capitol.tn.gov
Rep. Lois Deberry: 741-3830 rep.lois.deberry@capitol.tn.gov
Rep. Craig Fitzhugh: 741-2134 rep.craig.fitzhugh@capitol.tn.gov
Rep. Mike Harrison: 741-7480 rep.mike.harrison@capitol.tn.gov
Rep. Steve McDaniel: 741-0750 rep.steve.mcdaniel@capitol.tn.gov
Rep. Richard Montgomery: 741-5981 rep.richard.montgomery@capitol.tn.gov
Rep. Jason Mumpower: 741-2050 rep.jason.mumpower@capitol.tn.gov
Rep. Jimmy Naifeh: 741-3774 rep.jimmy.naifeh@capitol.tn.gov
Rep. Gary Odom: 741-4410 rep.gary.odom@capitol.tn.gov
Rep. Dennis Roach: 741-2534 rep.dennis.roach@capitol.tn.gov
Rep. Donna Rowland: 741-2804 rep.donna.rowland@capitol.tn.gov
Rep. Johnny Shaw: 741-4538 rep.johnny.shaw@capitol.tn.gov
Rep. Charles Sargent: 741-6808 rep.charles.sargent@capitol.tn.gov

ACTION ALERT : Contact Your Senator in Support of SB 0261
HB596 will be heard in the House Criminal Practice Subcommittee Wednesday 4/22
SB 0261 will be heard in the Senate Judiciary Committee Tuesday 4/28

HB596/SB 0261 "requires all statements made by a person during a custodial interrogation relating to a homicide to be electronically recorded and preserved."

This legislation will reform the death penalty to make it more fair and reduce the risk of executing an innocent person.

It is imperative that all Senators and Representatives immediately hear from constituents who support this legislation.

Please contact your Senator and Representative about SB 0261and HB596 and tell them to support it.

To find your Senator or Representative visit www.capitol.tn.gov.

TAKE ACTION!
Urge Continued Conscience Protection in Health Care by:
• contacting HHS to maintain the current regulation protecting conscience rights in health care; and
• laying the groundwork for other Congressional actions by contacting Congress and the Administration to ensure that conscience protection is not weakened or undermined.

WHY IS THIS ACTION IMPORTANT NOW?
(1) The U.S. Department of Health and Human Services (HHS) is inviting public comment on a proposal to rescind a December 2008 federal regulation that implements and enforces three federal laws protecting the conscience rights of health care providers.
(2) Congress is likely to face a number of efforts to end or weaken protection in the area of conscience and prohibitions on federal funding of abortion. Now is the time to lay the groundwork to shape this process to ensure that conscience protection is maintained.

WHAT DOES THIS ISSUE HAVE TO DO WITH MY FAITH?
Catholic teaching insists that health care is a fundamental human right, an essential protection for human life and dignity. The Church has long supported access to health care for all with a special concern for the poor. This support is rooted in our "commitment to the life and dignity of every human being from conception to natural death." (U.S. Bishops, Forming Consciences for Faithful Citizenship, #16). No Catholic or other person should be forced by law to participate in actions that violate this fundamental conviction. Current conscience protection must be maintained. It is wrong to compel people to participate in abortions or other morally unacceptable actions, and any provisions seeking to do so will doom needed health reform. To undermine effective federal conscience protection, to abandon the longstanding prohibition on federal funding for abortion or insist that abortion should be an integral part of much needed national health care reform would violate our consciences.

WHAT YOU CAN DO:
• Contact HHS and urge them to retain current conscience protections for health care providers. For information on sending a message, go to http://www.usccb.org/conscienceprotection/.
• Contact your Senators and Representatives and contact the White House to urge that any health
legislation include strong conscience protection for individuals and institutions. Call the Capitol
Switchboard at 202-224-3121 or find your Representatives' or Senators' contact information at
www.congress.org. Call the White House comment line at 202-456-1111 or send an e-mail to
http://www.whitehouse.gov/CONTACT/.

FOR MORE INFORMATION CONTACT: Richard Doerflinger, Associate Director, USCCB Secretariat of Pro- Life Activities, rdoerflinger@usccb.org, (202) 541-3171 or Kathy Saile, Director, USCCB Office for Domestic Social Development, (202) 541-3134.

Department of Justice, Peace and Human Development
3211 Fourth Street Northeast
Washington, DC 20017
Fax: (202)541-3339

RENEWED CALL TO ACTION!!
Call these legislators and Ask them to Vote NO on:
HB 1532 Emergency Care for Rape Victims Act
WEDNESDAY, April 29th
A VOTE WILL BE TAKEN
This bill requires ALL hospitals treating rape victims to provide ALL forms of FDA approved emergency contraception regardless if it may cause an abortion.

This bill forces Catholic Hospitals to violate their mission to follow the teachings of the Catholic Church.
There is no mention of the age of the victim or parental notification.
No details regarding treatment.
The main focus is to mandate ALL Hospitals to administer emergency contraceptive drugs of all kinds or loss their license.

At this time every county in TN has access through their County Health Dept. and Sexual Assault Centers to professionals who are trained to handle these crimes. Many private and university hospitals use these experts now. It is not necessary to mandate this to ALL Hospitals when safe and effective procedures are already in place.

Please call/email these committee members today and help stop this bill now:
Mary Pruitt: rep.mary.pruitt@capitol.tn.gov
Dale Ford: rep.dale.ford@capitol.tn.gov
Vince Dean: rep.vince.dean@capitol.tn.gov
John DeBerry: rep.john.deberry@capitol.tn.gov
Lois DeBerry: rep.lois.deberry@capitol.tn.gov
Joshua Evans: rep.joshua.evans@capitol.tn.gov
Curtis Halford: rep.curtis.halford@capitol.tn.gov
Barrett Rich: rep.barrett.rich@capitol.tn.gov
David Shepard: rep.david.shepard@capitol.tn.gov
Mike Turner: rep.mike.turner@capitol.tn.gov

This bill, if passed, it would mandate that all hospitals must provide all types of FDA approved emergency contraception. If a hospital does not comply with this mandate the TN Department of Health shall, after 2 violations, suspend or revoke the license or deny the hospital's their application for license. This mandate would force Catholic Hospitals, and others, to violate their mission to follow the teachings of the contraception. At the present time every county health department offers emergency contraception, free or on a sliding scale. No one is turned away. There are numerous Sexual Assault Centers across TN. These provide the experts that many hospitals now use. It is safe to say every county in TN has access to one or more facilities that can provide these services and work with the hospital that do not provide emergency contraception' now.

What to say:
Many hospitals in TN as well as Catholic hospitals who now do not provided emergency contraception, follow a procedure of treating the victims injuries, may in some counties provide accompanied transportation to sexual assault centers or if the victim is medically un stable the crisis center sends staff to the hospital facility to be treated as such and provide services that a trained sexual assault nurse and or councilor can provide. There are several areas that this bill does not address. It mainly focuses on mandating that all hospital must provide the contraceptive device with little concern for any other service. Please vote against HB 1532. We appreciate your time and consideration on this important issue. This isn't an issue to take lightly.

Thursday, April 9, 2009

LEGISLATION UP FOR A VOTE NEXT WEEK.

PLEASE CALL THESE HOUSE HEALTH CARE SUBCOMMITTEE MEMBERS AND ASK THEM TO VOTE NO ON HB 1532

Committee Officers
• Mary Pruitt, Chair
• Dale Ford, Vice-Chair
Members
• Vince Dean
• John DeBerry
• Lois DeBerry
• Joshua Evans
• Curtis Halford
• Barrett Rich
• David Shepard
• Mike Turner

SB 0640*
HB 1532
Emergency Care for Rape Victims Act. Requires hospitals treating rape victims to provide each such victim with written and oral information on emergency contraception and to inform each victim of her option to be provided with emergency contraception; specifies that hospitals with
religious affiliations choosing not to comply are excluded from this requirement. (S: Marrero; H: Favors)
Referred to Senate General Welfare.
House Health Care Facilities Subcommittee deferred to 04/15/2009.

CPPC supports this bill. Please call your State Representative member and ask them to vote YES FOR HB 2218

SB 1763*
HB 2218
Foreclosure-related rescue consultant services for a fee. Makes it an unfair or deceptive act under the Consumer Protection Act to charge a fee for engaging in foreclosure-related rescue services before completing or performing all services related to any such foreclosure-related transaction. (S: Herron; H: Gilmore) Amendment: House Consumer & Employee Affairs Committee amendment 1 does the following: clarifies the definition of a foreclosure-related rescue consultant; specifies which businesses are not included in the definition and which services are included; requires the homeowner receive the contract in writing in at least 12 point font one day prior to the signing date; and requires the consultant give the homeowner three days to consider the agreement if he or she so desires.
Referred to Senate Commerce, Labor & Agriculture.
Set for House floor 04/13/2009.

SB 2016
HB 0704*
Mortgage counselor to be consulted on ARMs. Requires any person seeking a mortgage to consult a mortgage counselor before an adjustable rate mortgage can be completed. (S: Ford O.; H: Turner L.)
Referred to Senate Commerce, Labor & Agriculture.
House Commerce Utilities & Banking Subcommittee deferred to 04/14/2009.

CPPC SUPPORTS THIS BILL

SB 1661*
HB 1586
Tennessee Women Support Act. Enacts Tennessee Pregnant Women Support Act to provide programs that reduce the need for abortion, help women bear healthy children, and support new parents. Directs the department of health to apply for federal grants to be used to collect data
regarding the number of abortions performed in this state, the characteristics of those seeking abortions, and their reasons for choosing abortion. Further directs the department to develop and
distribute a pamphlet to physicians providing options or alternatives to abortion in this state. Requires physicians to provide such pamphlet to all pregnant women they treat, or those who inquire about abortion. Also establishes a toll-free hotline for pregnant women needing information or resources. Creates a fund to be administered by the department of health to support the goals of this act. Funding shall be from gifts, donations, bequests and grants and shall be non-reverting.
(S: Burks; H: Curtiss)
Referred to Senate Judiciary.
House Public Health & Family Assistance Subcommittee deferred to 04/14/2009.

CPPC SUPPORTS THIS BILL

SB 1740
HB 1407
Records for child abuse investigations. Requires all private and church-related schools to give any team investigating child abuse access to records in their custody pertaining to the child and
cooperate fully with the investigation. (S: Marrero; H: Jones S.)
Senate passed 03/30/2009.
House Civil Practice Subcommittee deferred to 04/14/2009.

CPPC WATCHING

SB 1283*
HB 1598
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)
Senate Judiciary deferred to 04/15/2009.
House Civil Practice Subcommittee deferred to 04/14/2009.

CPPC WATCHING

LEGISLATION

ABORTION BILLS

ALMOST THERE : You have made this happen!

SJR 127
Could be on the House floor for a vote by the last week of April or first of May. We will keep you up to date and let you know when it is ready to be voted on.

SJR 0127
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)
Senate 03/23/2009 heard on third reading and adopted.
Re-referred to House Finance Budget Subcommittee.

SB 1800
HB 0445*
Informed consent for abortions. Requires that the informed written consent of the woman be obtained prior to an abortion, providing for 24-hour period of reflection after the woman receives the information needed for an informed consent. Establishes requirements for a physician or other health care professional to follow in order to obtain informed consent from the woman. Establishes an exception to informed consent and waiting period requirements when necessary to protect the life or health of the woman. (S: Herron; H: Maddox)
Referred to Senate Judiciary.
House Public Health & Family Assistance Subcommittee deferred to 04/21/2009.

Current Status
Bill no.
Summary
Senate Status
House Status
Other Status

BANKING & CREDIT

SB 0489*
HB 1918
Maximum rate of interest a title pledge lender may charge. Sets the maximum effective rate of interest a title pledge lender may charge at two percent per month. Permits reimbursement for necessary expenses incurred in securing and collecting the title pledge in an amount not to exceed four percent of the gross amount of the title pledge. (S: Burchett; H: Brooks, Harry)
Senate Commerce, Labor & Agriculture deferred to last calendar.
House Commerce Utilities & Banking Subcommittee deferred to last calendar.

SB 0711
HB 0008*
Fee charged for pay-off statement provided to borrower. Limits to ten dollars the fee that high-cost home loan lenders can charge for any additional requests for a pay-off statement during any twelve-month period. (S: Tate; H: Hardaway)
Referred to Senate Commerce, Labor & Agriculture.
Held on House clerk's desk.

SB 0749*
HB 1926
Requirements for lenders of high-cost home loans. Requires a lender of a high-cost home loan to verify that the borrower has received appropriate housing counseling. (S: Marrero; H: Richardson)
Referred to Senate Commerce, Labor & Agriculture.
Referred to House Commerce Utilities & Banking Subcommittee.

SB 0828
HB 0099*
Publication of notice of foreclosure. Increases the time period for the first publication notice in the newspaper of the sale of land to foreclose a loan, mortgage, or deed of trust from 20 days prior to the sale to 90 days prior to sale. (S: Marrero; H: Moore)
Referred to Senate Commerce, Labor & Agriculture.
Referred to House Judiciary Civil Practice Subcommittee.

SB 1762*
HB 2231
Deferred presentment licensees. Allows deferred presentment licensees to charge interest, rather than just a fee. Specifies they may charge up to a 28 percent annual interest rate, calculated in accordance with 15 USC 1606. Current law authorizes such licensees to charge a fee that is the lesser of 15 percent of the check's amount or $30. Specifies that such licensees include annual profits and employees' total compensation in currently required annual report filed with financial
institutions commissioner. (S: Herron; H: Fitzhugh)
Referred to Senate Commerce, Labor & Agriculture.
Referred to House Commerce Utilities & Banking Subcommittee.

SB 1765*
HB 1498
Revisions to TN Title Pledge Act. Revises the Tennessee Title Pledge Act to prohibit abusive or predatory practices by title pledge lenders. Removes language that prohibits an action from being brought by a pledgor against a title pledge lender in connection with a title pledge agreement or property pledge agreement more than one year after the date of the alleged occurrence of any violation. Requires written notice to be provided to any person or entity that has made a complaint
to the department of financial institutions about a title pledge lender regarding hearing on suspension or revocation of a title pledge lender's license. Also gives person or entity the opportunity to participate in the hearing and to present evidence. Requires title pledge lender to notify commissioner when a civil lawsuit has been filed against the title pledge lender alleging fraud, misrepresentation, deceit, or other misconduct related to the operation of the title pledge business. Requires information reported by title pledge lenders to the commissioner to be available to the public. Makes other revisions to TN Title Pledge Lender Act. (30 pp.) (S: Herron; H: Turner L.)
Referred to Senate Commerce, Labor & Agriculture.
House Commerce Utilities & Banking Subcommittee deferred to January 2010.

SB 2194
HB 2209*
Consumer loans - credit worthiness of debtor. Creates a defense to an action filed by a lender or financial institution for the repayment of a consumer loan, or to recover personal property used to secure a consumer loan, whereby the borrower can claim the loan originator's primary consideration was financial considerations to the lender, rather than the credit worthiness of the borrower. (S: Kyle; H: Pitts)
Referred to Senate Judiciary.
Caption bill held on House clerk's desk.

SB 2226
HB 2212*
Title pledge loans. Requires any person who makes a title pledge loan without a license and who fails or refuses to return collateral and any money paid by borrower to pay interest to borrower at 10 percent per annum of amount owed. Broadly captioned. (S: Southerland; H: Pitts)
Referred to Senate Commerce, Labor & Agriculture.
Referred to House Commerce Utilities & Banking Subcommittee.

SB 2279
HB 2316*
TN Residential Lending, Brokerage and Servicing Act. Defines "loan processor or underwriter" as an individual performing clerical or support duties as an employee and not an independent contractor under the supervision of a registrant authorized to make residential mortgage
loans. Specifies that the mortgage loan originator is the person who offers or negotiates the terms of a residential mortgage loan. Effective July 31, 2009, prohibits any industrial loan or thrift
company, industrial investment company or industrial bank from making residential mortgage loans unless acting as a licensed mortgage loan originator. Requires as part of registration for mortgage loan originator to pay $100 fee to commissioner of financial institutions and to complete application through the Nationwide Mortgage Licensing System and Registry. Prohibits an endorsement company from making any residential mortgage loans. Removes option to use letter of credit in
lieu of surety bond for residential mortgage loans. Allows commissioner to require, as condition of registration or renewal for applicants that propose to make residential mortgage loans, testing and/or educational requirements to be met. Authorizes commissioner to require an applicant
for a certificate of registration as an industrial loan and thrift company to consent to a criminal history records check and to provide fingerprints. Rewrites the Tennessee Residential Lending, Brokerage and Servicing Act of 1988. Renames the chapter as the "Tennessee Residential Lending, Brokerage and Servicing Act" and declares the act remedial in nature with intent to ensure a sound system of making residential mortgage loans through licensing, examination and
regulation of mortgage lenders, mortgage loan brokers, mortgage loan services and mortgage loan originators and to be compliant with the federal Secure and Fair Enforcement for Mortgage Licensing Act of 2008. Defines "registered mortgage loan originator" as a mortgage loan
originator who is an employee of a depository institution, a subsidiary of a depository institution that is regulated by a federal banking institution, or an institution regulated by the Farm Credit
Administration who is registered with the Nationwide Mortgage Licensing System and Registry. Prohibits any contractor or home improvement contractor or other person supplying materials and rendering services in real property improvement from making residential mortgage loans or
being a mortgage loan servicer or mortgage loan broker in TN, except that the prohibition does not apply to the following: depository institution, a subsidiary of a depository institution that is regulated
by a federal banking institution, or an institution regulated by the Farm Credit Administration, an individual making such loan to an immediate family member, an individual making such loan when the loan is secured by a dwelling that served as the individual's dwelling, or a licensed attorney negotiating on behalf of a client as an ancillary matter. Requires mortgage loan originator to be sponsored by a mortgage lender or mortgage loan broker and to meet pre-licensing and continuing
education and written test requirements. Provides for commissioner to issue provisional mortgage loan originator licenses. Authorizes the commissioner, to require an applicant, as a condition of employment with the department, to provide a fingerprint sample and submit to a criminal background check conducted by the TBI. (56 pp.) (Part of Administration Package.) (S: Kyle; H: Pitts)
Senate Commerce, Labor & Agriculture deferred to 04/21/2009.
House sponsor changed from Turner M. to Pitts on 03/12/2009.

COMMERCIAL LAW

SB 1763*
HB 2218
Foreclosure-related rescue consultant services for a fee. Makes it an unfair or deceptive act under the Consumer Protection Act to charge a fee for engaging in foreclosure-related rescue services before completing or performing all services related to any such foreclosure-related transaction. (S: Herron; H: Gilmore) Amendment: House Consumer & Employee Affairs Committee amendment 1 does the following: clarifies the definition of a foreclosure-related rescue consultant; specifies which businesses are not included in the definition and which services are included; requires the homeowner receive the contract in writing in at least 12 point font one day prior to the signing date; and requires the consultant give the homeowner three days to consider the agreement if he or she so desires.
Referred to Senate Commerce, Labor & Agriculture.
Set for House floor 04/13/2009.

SB 2016
HB 0704*
Mortgage counselor to be consulted on ARMs. Requires any person seeking a mortgage to consult a mortgage counselor before an adjustable rate mortgage can be completed. (S: Ford O.; H: Turner L.)
Referred to Senate Commerce, Labor & Agriculture.
House Commerce Utilities & Banking Subcommittee deferred to 04/14/2009.

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) Referred to Senate Judiciary.
House Judiciary Criminal Practice Subcommittee recommended 04/08/2009.
Sent to House Judiciary.

SB 1800
HB 0445*
Informed consent for abortions. Requires that the informed written consent of the woman be obtained prior to an abortion, providing for 24-hour period of reflection after the woman receives the information needed for an informed consent. Establishes requirements for a physician or other health care professional to follow in order to obtain informed consent from the woman. Establishes an exception to informed consent and waiting period requirements when necessary to
protect the life or health of the woman. (S: Herron; H: Maddox)
Referred to Senate Judiciary.
House Public Health & Family Assistance Subcommittee deferred to
04/21/2009.

EDUCATION

SB 1745*
HB 1648
We Want To Learn English Initiative. Requires the department of labor force and workforce development, in conjunction with the department of education, to establish and administer grant program, "We Want To Learn English Initiative," for the purpose of providing resources for
immigrants and refugees to learn English. Broadly captioned. (S: Ketron; H: Jones U.)
Referred to Senate Commerce, Labor & Agriculture.
Referred to House Education.

ENERGY & MINING

SB 1398
HB 0455*
Surface mining activities prohibited. Prohibits the department of environment and conservation from issuing or renewing permits related to surface mining activities under specific conditions. (S: Jackson; H: McDonald)
Referred to Senate Environment, Conservation & Tourism.
House Environment Subcommittee deferred to the last calendar.

FAMILY LAW

SB 0078*
HB 0605
Ineligibility for cohabitants to adopt a child. Prohibits the adoption of a minor by either same-sex or opposite-sex individuals cohabiting outside of a marriage that is valid under the constitution and laws of the state. (S: Stanley; H: DeBerry J.)
Referred to Senate Judiciary.
Referred to House Family Justice Subcommittee.

SB 1652
HB 1298*
Agencies advertising to provide child-placing services. Specifies that agencies advertising to provide child-placing services in Tennessee are required to be licensed under Tennessee licensing laws. (S: Burks; H: Jones S.)
Referred to Senate Commerce, Labor & Agriculture.
Referred to House Domestic Relations Subcommittee.

SB 1661*
HB 1586
Tennessee Women Support Act. Enacts Tennessee Pregnant Women Support Act to provide programs that reduce the need for abortion, help women bear healthy children, and support new parents. Directs the department of health to apply for federal grants to be used to collect data
regarding the number of abortions performed in this state, the characteristics of those seeking abortions, and their reasons for choosing abortion. Further directs the department to develop and
distribute a pamphlet to physicians providing options or alternatives to abortion in this state. Requires physicians to provide such pamphlet to all pregnant women they treat, or those who inquire about abortion. Also establishes a toll-free hotline for pregnant women needing information or resources. Creates a fund to be administered by the department of health to support the goals of this act. Funding shall be from gifts, donations, bequests and grants and shall be non-reverting.
(S: Burks; H: Curtiss)
Referred to Senate Judiciary.
House Public Health & Family Assistance Subcommittee deferred to 04/14/2009.

SB 1702*
HB 1629
DCS to provide certain post-adoption services. Requires DCS to provide post-adoption services in order to reduce the risk of adoption dissolution and to support the goal of permanency in adoption. Establishes the following as post adoption services: crisis intervention, family and individual counseling, support groups for parents and children, advocacy, respite, case management, networking of families and community providers. (S: Overbey; H: McCord)
Amendment: Senate General Welfare Committee amendment 1 deletes the provision that would make available post-adoption services to families who adopt children for whom the department did not have legal responsibilities prior to the adoption. Senate General Welfare Committee amendment 2 declares that the legislative intent shall be carried out subject to the availability of funds with which to do so and that this section shall not be implemented beyond budgetary limitations. Senate General Welfare 04/08/2009 recommended with amendment 1 and amendment 2. Senate General Welfare Committee amendment 1 deletes the provision that would make available post-adoption services to families who adopt children for whom the department did not have legal responsibilities prior to the adoption. Senate General Welfare Committee amendment 2 declares that the legislative intent shall be carried out subject to the availability of funds with which to do so
and that this section shall not be implemented beyond budgetary limitations.
Referred to House Domestic Relations Subcommittee.

SB 1740
HB 1407
Records for child abuse investigations. Requires all private and church-related schools to give any team investigating child abuse access to records in their custody pertaining to the child and
cooperate fully with the investigation. (S: Marrero; H: Jones S.)
Senate passed 03/30/2009.
House Civil Practice Subcommittee deferred to 04/14/2009.

SB 2136
HB 2159*
Embryo Donation and Adoption Act of 2009. Specifies that if an embryo is donated by its genetic parents or by its owners or by a clinic with the legal authority to relinquish its ownership to a woman and her husband, then a child born as the result of the implantation of that embryo is presumed to be the adopted child of such woman and husband. Requires that a written contract be executed transferring ownership of parental rights of the embryo prior to thawing and transfer of the
embryo. States that any provision in such contract that requires visitation by the genetic parent or otherwise places any conditions on the embryo adoption is to be void and of no effect whatsoever.
Clarifies that nothing under this part is to be construed to prohibit open embryo adoption. Permits the adopting parents to file an adoption petition seeking a final order of adoption, but clarifies that the final order of adoption is not required. (S: Black; H: Hensley)
Taken off notice in Senate Judiciary 04/01/2009.
Taken off notice in House Family Justice Subcommittee 04/07/2009.

GOVERNMENT ORGANIZATION

SB 1283*
HB 1598
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)
Senate Judiciary deferred to 04/15/2009.
House Civil Practice Subcommittee deferred to 04/14/2009.

HEALTH CARE

SB 0640*
HB 1532
Emergency Care for Rape Victims Act. Requires hospitals treating rape victims to provide each such victim with written and oral information on emergency contraception and to inform each victim of her option to be provided with emergency contraception; specifies that hospitals with
religious affiliations choosing not to comply are excluded from this requirement. (S: Marrero; H: Favors)
Referred to Senate General Welfare.
House Health Care Facilities Subcommittee deferred to 04/15/2009.

JUDICIARY

SJR 0127
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)
Senate 03/23/2009 heard on third reading and adopted.
Re-referred to House Finance Budget Subcommittee.

PROFESSIONS & LICENSURE

SB 1562
HB 0710*
Tax refund anticipation loans to be made by check. Prohibits a facilitator from providing the proceeds of tax refund anticipation loan in any form other than a check. (S: Burchett; H: Pitts)
Referred to Senate Commerce, Labor & Agriculture.
Referred to House Commerce Utilities & Banking Subcommittee.

PROPERTY & HOUSING

SB 1937*
HB 1443
Time extension for foreclosure notices. Extends the time for the initial public foreclosure notice from 20 days to 90 days. Requires that notice be given to the borrower about foreclosure counseling. Requires mortgage loans be based upon ability of borrower to repay such loans. (S: Ford O.; H: Turner L.)
Referred to Senate Commerce, Labor & Agriculture.
Referred to House Commerce Utilities & Banking Subcommittee.

ALERT:

HB 1532
Emergency Care for Rape Victims Act. Requires ALL hospitals treating rape victims to provide ALL forms of FDA approved emergency contraception regardless if may be abortifacient. This bill forces Catholic Hospitals to violate their mission to follow the teachings of the Catholic Church. There is no mention of the age of the victim or parental notification. At this time every county in TN has access through their County Health Dept. and Sexual Assault Centers to professional who are trained to handle these crimes. Many hospitals use these experts. It is not necessary to mandate this to ALL Hospitals. (S: Marrero; H: Favors)
Referred to Senate General Welfare.
House Health Care Facilities Subcommittee 04/08/2009. 12:30

Please call these committee members today and help stop this bill now.
Committee Officers
• Mary Pruitt, Chair
• Dale Ford, Vice-Chair

Members
• Vince Dean
• John DeBerry
• Lois DeBerry
• Joshua Evans
• Curtis Halford
• Barrett Rich
• David Shepard
• Mike Turner

This week several committees are hearing from State Departments on their budgets. This will cause the committee to run out of time before hearing some bills. No action taken will mean the bill will be on the next committee calendar.

BANKING/RESPONSIBLE LENDING

SB 0036*
HB 0369
Delaying of foreclosure proceedings and eviction of tenant. Delays foreclosure proceedings and the eviction of a tenant residing in a single-family residence as long as the tenant is current on the lease payments. (S: Kyle; H: Odom)
Set for Senate Commerce, Labor Agriculture Committee 04/07/2009.
Referred to House Commerce Utilities Banking Subcommittee.

SB 1562
HB 0710*
Tax refund anticipation loans to be made by check. Prohibits a facilitator from providing the proceeds of tax refund anticipation loan in any form other than a check. (S: Burchett; H: Pitts)
Referred to Senate Commerce, Labor & Agriculture.
Referred to House Commerce Utilities & Banking Subcommittee.

SB 0489*
HB 1918
Maximum rate of interest a title pledge lender may charge. Sets the maximum effective rate of interest a title pledge lender may charge at two percent per month. Permits reimbursement for necessary expenses incurred in securing and collecting the title pledge in an amount not
to exceed four percent of the gross amount of the title pledge. (S: Burchett; H: Brooks, Harry)
Set for Senate Commerce, Labor & Agriculture Committee 04/07/2009.
House Commerce Utilities & Banking Subcommittee deferred to last
calendar.

SB 0639
HB 0692*
Survey of interest rates and fees. Requires the department of financial institutions to conduct a survey of interest rates and fees and report its findings to the general assembly by January 15, 2010. (S: Marrero; H: Richardson)
Referred to Senate Commerce, Labor & Agriculture.
Caption bill held on House clerk's desk.

SB 0711
HB 0008*
Fee charged for pay-off statement provided to borrower. Limits to ten dollars the fee that high-cost home loan lenders can charge for any additional requests for a pay-off statement during any twelve-month period. (S: Tate; H: Hardaway)
Referred to Senate Commerce, Labor & Agriculture.
Held on House clerk's desk.

SB 0715
HB 0701*
Fees charged by deferred presentment licensees. Lowers the fees deferred presentment licensees may charge to the lesser of 10 percent of the face amount of the check or $20.00. (S: Tate; H: Gilmore)
Referred to Senate Commerce, Labor & Agriculture.
Set for House Utilities & Banking Subcommittee 04/07/2009.

SB 0749*
HB 1926
Requirements for lenders of high-cost home loans. Requires a lender of a high-cost home loan to verify that the borrower has received appropriate housing counseling. (S: Marrero; H: Richardson)
Referred to Senate Commerce, Labor & Agriculture.
Referred to House Commerce Utilities & Banking Subcommittee.

Negotiation period for owner-occupied single family homes. Specifies that the required advertisements published prior to any sale of land to foreclose a deed of trust, mortgage or other lien must be published at least 60 days prior to the sale when they involve owner-occupied single
family residences. Requires the trustee or financial institution to offer a good faith negotiation period of no more than seven months to any debtor who indicates a desire to arrive at an equitable and just solution within ten days of the date the notice was sent to him. Sets a cap for the monthly payment amounts the debtor can be charged at thirty-one percent of the debtor's gross monthly income. Authorizes the debtor to pay a higher percentage upon agreement with the financial
institution. (S: Tate; H: Gilmore)
Referred to Senate Commerce, Labor & Agriculture.
Set for House Utilities & Banking Subcommittee 04/07/2009.

SB 1937*
HB 1443
Time extension for foreclosure notices. Extends the time for the initial public foreclosure notice from 20 days to 90 days. Requires that notice be given to the borrower about foreclosure counseling. Requires mortgage loans be based upon ability of borrower to repay such
loans. (S: Ford O.; H: Turner L.)
Referred to Senate Commerce, Labor & Agriculture.
Referred to House Commerce Utilities & Banking Subcommittee.

SB 0828
HB 0099*
Publication of notice of foreclosure. Increases the time period for the first publication notice in the newspaper of the sale of land to foreclose a loan, mortgage, or deed of trust from 20 days prior to the sale to 90 days prior to sale. (S: Marrero; H: Moore)
Referred to Senate Commerce, Labor & Agriculture.
Referred to House Judiciary Civil Practice Subcommittee.

SB 1762*
HB 2231
Deferred presentment licensees. Allows deferred presentment licensees to charge interest, rather than just a fee. Specifies they may charge up to a 28 percent annual interest rate, calculated in accordance with 15 USC 1606. Current law authorizes such licensees to charge a fee that
is the lesser of 15 percent of the check's amount or $30. Specifies that such licensees include annual profits and employees' total compensation in currently required annual report filed with financial institutions commissioner. (S: Herron; H: Fitzhugh)
Referred to Senate Commerce, Labor & Agriculture.
Referred to House Commerce Utilities & Banking Subcommittee.

SB 1765*
HB 1498
Revisions to TN Title Pledge Act. Revises the Tennessee Title Pledge Act to prohibit abusive or predatory practices by title pledge lenders. Removes language that prohibits an action from being brought by a pledgor against a title pledge lender in connection with a title pledge agreement or property pledge agreement more than one year after the date of the alleged occurrence of any violation. Requires written notice to be provided to any person or entity that has made a complaint
to the department of financial institutions about a title pledge lender regarding hearing on suspension or revocation of a title pledge lender's license. Also gives person or entity the opportunity to participate in the hearing and to present evidence. Requires title pledge lender to notify commissioner when a civil lawsuit has been filed against the title pledge lender alleging fraud, misrepresentation, deceit, or other misconduct related to the operation of the title pledge business. Requires information reported by title pledge lenders to the commissioner to be available to the public. Makes other revisions to TN Title Pledge Lender Act. (30 pp.) (S: Herron; H:
Turner L.)
Referred to Senate Commerce, Labor & Agriculture.
House Commerce Utilities & Banking Subcommittee deferred to January 2010.

SB 2194
HB 2209*
Consumer loans - credit worthiness of debtor. Creates a defense to an action filed by a lender or financial institution for the repayment of a consumer loan, or to recover personal property used to secure a consumer loan, whereby the borrower can claim the loan originator's primary consideration was financial considerations to the lender, rather than the credit worthiness of the borrower. (S: Kyle; H: Pitts)
Referred to Senate Judiciary.
Caption bill held on House clerk's desk.

SB 2226
HB 2212*
Title pledge loans. Requires any person who makes a title pledge loan without a license and who fails or refuses to return collateral and any money paid by borrower to pay interest to borrower at 10 percent per annum of amount owed. Broadly captioned. (S: Southerland; H: Pitts)
Referred to Senate Commerce, Labor & Agriculture.
Referred to House Commerce Utilities & Banking Subcommittee.

SB 2279
HB 2316*
TN Residential Lending, Brokerage and Servicing Act. Defines "loan processor or underwriter" as an individual performing clerical or support duties as an employee and not an independent contractor under the supervision of a registrant authorized to make residential mortgage loans. Specifies that the mortgage loan originator is the person who offers or negotiates the terms of a residential mortgage loan. Effective July 31, 2009, prohibits any industrial loan or thrift company, industrial investment company or industrial bank from making residential mortgage loans unless acting as a licensed mortgage loan originator. Requires as part of registration for mortgage loan originator to pay $100 fee to commissioner of financial institutions and to complete application through the Nationwide Mortgage Licensing System and Registry. Prohibits an endorsement company from making any residential mortgage loans. Removes option to use letter of credit in lieu of surety bond for residential mortgage loans. Allows commissioner to require, as condition of registration or renewal for applicants that propose to make residential mortgage loans, testing and/or educational requirements to be met. Authorizes commissioner to require an applicant for a certificate of registration as an industrial loan and thrift company to consent to a criminal history records check and to provide fingerprints. Rewrites the Tennessee Residential Lending, Brokerage and Servicing Act of 1988. Renames the chapter as the "Tennessee Residential Lending, Brokerage and Servicing Act" and declares the act remedial in nature with intent to ensure a sound system of making residential mortgage loans through licensing, examination and regulation of mortgage lenders, mortgage loan brokers, mortgage loan services and mortgage loan originators and to be compliant with the federal Secure and Fair Enforcement for Mortgage Licensing Act of 2008. Defines "registered mortgage loan originator" as a mortgage loan originator who is an employee of a depository institution, a subsidiary of a depository institution that is regulated by a federal banking institution, or an institution regulated by the Farm Credit Administration who is registered with the Nationwide Mortgage Licensing System and Registry. Prohibits any contractor or home improvement contractor or other person supplying materials and rendering services in real property improvement from making residential mortgage loans or being a mortgage loan servicer or mortgage loan broker in TN, except that the prohibition does not apply to the following: depository institution, a subsidiary of a depository institution that is regulated by a federal banking institution, or an institution regulated by the Farm Credit Administration, an individual making such loan to an immediate family member, an individual making such loan when the loan is secured by a dwelling that served as the individual's dwelling, or a licensed attorney negotiating on behalf of a client as an ancillary matter. Requires mortgage loan originator to be sponsored by a mortgage lender or mortgage loan broker and to meet pre-licensing and continuing education and written test requirements. Provides for commissioner to issue provisional mortgage loan originator licenses. Authorizes the commissioner, to require an applicant, as a condition of employment with the department, to provide a fingerprint sample and submit to a criminal background check conducted by the TBI. (56 pp.) (Part of Administration Package.) (S: Kyle; H: Pitts)
Set for Senate Commerce, Labor & Agriculture Committee 04/07/2009.
House sponsor changed from Turner M. to Pitts on 03/12/2009.

COMMERCIAL LAW

SB 1763*
HB 2218
Foreclosure-related rescue consultant services for a fee. Makes it an unfair or deceptive act under the Consumer Protection Act to charge a fee for engaging in foreclosure-related rescue services before completing or performing all services related to any such foreclosure-related transaction. (S: Herron; H: Gilmore) Amendment: House Consumer Affairs Subcommittee amendment 1 does the following: clarifies the definition of a foreclosure-related rescue consultant; specifies which businesses are not included in the definition and which services are included; requires the homeowner receive the contract in writing in at least 12 point font one day prior to the signing date; and requires the consultant give the homeowner three days to consider the agreement if he or she so desires.
Referred to Senate Commerce, Labor & Agriculture.
Set for House Consumer & Employee Affairs Committee 04/07/2009

SB 2016
HB 0704*
Mortgage counselor to be consulted on ARMs. Requires any person seeking a mortgage to consult a mortgage counselor before an adjustable rate mortgage can be completed. (S: Ford O.; H: Turner L.)
Referred to Senate Commerce, Labor & Agriculture.
Set for House Utilities & Banking Subcommittee 04/07/2009.

IMMIGRANTS LEGISLATION

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)
Referred to Senate Judiciary.
Set for House Judiciary Criminal Practice Subcommittee 04/08/2009.

ABORTION LAWS

SB 1800
HB 0445*
Informed consent for abortions. Requires that the informed written consent of the woman be obtained prior to an abortion, providing for 24-hour period of reflection after the woman receives the information needed for an informed consent. Establishes requirements for a physician or other health care professional to follow in order to obtain informed consent from the woman. Establishes an exception to informed consent and waiting period requirements when necessary to protect the life or health of the woman. (S: Herron; H: Maddox)
Referred to Senate Judiciary.
Set for House Public Health and Family Assistance Subcommittee 04/07/2009.

SJR 0127
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)
Senate 03/23/2009 heard on third reading and adopted.
Set for House Health & Human Resources Committee 04/07/2009.

HJR 0066
Constitution - right to abortion. Adds new provision to Article I to provide that nothing in Constitution of Tennessee secures or protects right to abortion or requires the funding of an abortion. (H: Maggart)
Set for House Public Health and Family Assistance Subcommittee 04/07/2009.

HJR 0088
Constitutional amendment - right to or funding of abortion. Adds new provision to Article I to provide that nothing in Constitution of Tennessee secures or protects the right to abortion or requires the funding of an abortion. Gives the legislature the authority to enact, amend, or repeal statutes regarding abortion, including circumstances of pregnancy resulting from rape or incest or when necessary to save the life of the mother. (H: Curtiss)
Set for House Public Health and Family Assistance Subcommittee 04/07/2009.

EDUCATION

SB 0075*
Parental Choice Scholarship Program Act of 2009. Classifies an eligible student as one whose household income does not exceed two and one half times the income standard used to qualify for reduced price lunch. Allows a student participating in this program to attend the school until graduation or reaching 21 years of age. Establishes a method for calculating tuition cost based on household income, the participating school's annual cost per pupil, and a percentage of the dollar amount the resident school district would have allocated per pupil from state and local sources to educate the student had he enrolled in that district. Prohibits any participating school from refunding or sharing a student's scholarship with a parent or student in any manner. Authorizes eligible students who qualify for the federal free or reduced lunch program to attend any participating school in the parental choice scholarship program at no charge to the student.
Requires participating schools that have more applicants than spaces to choose students by random selection but allows them to give preference to siblings of current students and previously enrolled scholarship students. Authorizes the department of education to adopt rules and
regulations, especially relative to nonpublic schools wishing to participate. Specifies that participating nonpublic schools must comply with certain provisions of law applicable to public schools such as criminal background checks for employees and proof of financial responsibility. Requires the participating school to regularly report the student's progress to his parents and specifies government agencies cannot regulate curriculum for such schools. Requires the resident
school district to provide transportation for the eligible student to and from the participating school under the same conditions the resident school would if the student were attending his district's
school. (S: Stanley)
Referred to Senate Education.

SB 2136
HB 2159*
Embryo Donation and Adoption Act of 2009. Specifies that if an embryo is donated by its genetic parents or by its owners or by a clinic with the legal authority to relinquish its ownership to a woman and her husband, then a child born as the result of the implantation of that embryo is presumed to be the adopted child of such woman and husband. Requires that a written contract be executed transferring ownership of parental rights of the embryo prior to thawing and transfer of the
embryo. States that any provision in such contract that requires visitation by the genetic parent or otherwise places any conditions on the embryo adoption is to be void and of no effect whatsoever.
Clarifies that nothing under this part is to be construed to prohibit open embryo adoption. Permits the adopting parents to file an adoption petition seeking a final order of adoption, but clarifies that the final order of adoption is not required. (S: Black; H: Hensley)
Taken off notice in Senate Judiciary 04/01/2009.
Set for House Family Justice Subcommittee 04/07/2009.

GOVERNMENT ORGANIZATION

SB 1283*
HB 1598
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)
Set for Senate Judiciary Committee 04/08/2009.
Set for House Civil Practice Subcommittee 04/07/2009.

HEALTH CARE

SB 0640*
HB 1532
Emergency Care for Rape Victims Act. Requires hospitals treating rape victims to provide each such victim with written and oral information on emergency contraception and to inform each victim of her option to be provided with emergency contraception; specifies that hospitals with
religious affiliations choosing not to comply are excluded from this requirement. (S: Marrero; H: Favors)
Referred to Senate General Welfare.
Set for House Health Care Facilities Subcommittee 04/08/2009.

SB 1426*
HB 1706
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)
Referred to Senate General Welfare.
Referred to House Professional Occupations Subcommittee.

SB 1569*
HB 1546
Donations and dispensation of certain drugs. Revises law to include charitable clinic physicians, in addition to charitable clinics, in definition of who may dispense certain drugs under the Nina Norman Prescription Drug Donation Act of 2006. Also changes definition of who is considered indigent and thereby eligible to receive donation of certain drugs. Changes definition of charitable clinic pharmacy to allow payment of a nominal fee for services. (S: Norris; H: DeBerry J.)
Referred to Senate General Welfare.
Set for House Professional Occupations Subcommittee 04/07/2009.

Legislative Update

March 29th 2009

The General Assembly is still moving a bit slow but since the Gov. has now presented the budget and the Senate has been ask to put all bills on notice by April 2nd that are going to run this year things should start to move more quickly. This is the first of a two year session so several bills will carrying over until next year. There could be ten to twelve more weeks for this session so a lot of work could still get done.

I have divided the bills up into areas I hope you will find helpful. Several bills are up of interest.

Thank you for all the calls and emails regarding SJR 127. There is still a long road ahead but we have passed one hurtle.

Calendar for week of March 30, 2009
For Bills dealing with loans, homes, and title leading

Monday March 30th, 2009
Joint TennCare Oversight Committee ---2:00 LP16

Tuesday, March 31, 2009
House Consumer Affairs Subcommittee -- Tuesday at 8:30 am -- LP 30
MEMBERS: Chair Eldridge (R), Vice Chair Hackworth (D), Hardaway (D), Matheny (R), Richardson (D), Swafford (R).

HB 2218 Gilmore: Foreclosure-related rescue consultant services for a fee. Makes it an unfair or deceptive act under the Consumer Protection Act to charge a fee for engaging in foreclosure-related rescue services before completing or performing all services related to any such foreclosure-related transaction.

House Utilities & Banking Subcommittee -- Tuesday at 10:30 am -- LP 30
MEMBERS: Chair Montgomery (R), Vice Chair Pitts (D), Casada (R), Fitzhugh (D), Hackworth (D), Harmon (D), C. Johnson (R), P. Johnson (R), McManus (R), M. Stewart (D).

HB 1498 Turner L.: Revisions to TN Title Pledge Act. Revises the Tennessee Title Pledge Act to prohibit abusive or predatory practices by title pledge lenders. Removes language that prohibits an action from being brought by a pledgor against a title pledge lender in connection with a title pledge agreement or property pledge agreement more than one year after the date of the alleged occurrence of any violation. Requires written notice to be provided to any person or entity that has made a complaint to the department of financial institutions about a title pledge lender regarding hearing on suspension or revocation of a title pledge lender's license. Also gives person or entity the opportunity to participate in the hearing and to present evidence. Requires title pledge lender to notify commissioner when a civil lawsuit has been filed=0 Against the title pledge lender alleging fraud, misrepresentation, deceit, or other misconduct related to the operation of the title pledge business. Requires information reported by title pledge lenders to the commissioner to be available to the public. Makes other revisions to TN Title Pledge Lender Act.

HB 1918 Brooks, Harry: Maximum rate of interest a title pledge lender may charge. Sets the maximum effective rate of interest a title pledge lender may charge at two percent per month. Permits reimbursement for necessary expenses incurred in securing and collecting the title pledge in an amount not to exceed four percent of the gross amount of the title pledge.

Bill List

SB 0036 Kyle
HB 0369 Odom
Delaying of foreclosure proceedings and eviction of tenant. Delays foreclosure proceedings and the eviction of a tenant residing in a single-family residence as long as the tenant is current on the lease payments.
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Referred to House Commerce Utilities & Banking Subcommittee.

SB 0186 Harper
HB 0235 DeBerry J.
Creditors to meet with debtors to avoid foreclosure. Requires a creditor to conduct an in-person meeting with debtors in default to provide options that will allow the debtor to avoid foreclosure. Specifies a creditor must do this only when he has knowledge of the following circumstances of the debtor: an immediate family member of the debtor has died or has a catastrophic illness, the debtor has become unemployed due to circumstances beyond his control, or the debtor is suffering from any catastrophic situation beyond the debtor's control that has caused extreme financial hardship. Details terms for documentation of such meetings and reporting dates. Broadly captioned.
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Referred to House Commerce Utilities & Banking Subcommittee.

SB 0489 Burchett
HB 1918 Brooks, Harry
Maximum rate of interest a title pledge lender may charge. Sets the maximum effective rate of interest a title pledge lender may charge at two percent per month. Permits reimbursement for necessary expenses incurred in securing and collecting the title pledge in an amount not to exceed four percent of the gross amount of the title pledge.
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: 20Set for House Utilities & Banking Subcommittee 03/31/2009.

SB 0639 Marrero
HB 0692 Richardson
Survey of interest rates and fees. Requires the department of financial institutions to conduct a survey of interest rates and fees and report its findings to the general assembly by January 15, 2010.
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Caption bill held on House clerk's desk.

SB 0711 Tate
HB 0008 Hardaway
Fee charged for pay-off statement provided to borrower. Limits to ten dollars the fee that high-cost home loan lenders can charge for any additional requests for a pay-off statement during any twelve-month period.
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Held on House clerk's desk.

SB 0715 Tate
HB 0701 Gilmore
Fees charged by deferred presentment licensees. Lowers the fees deferred presentment licensees may charge to the lesser of 10 percent of the face amount of the check or $20.00.
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Caption bill held on House clerk's desk.

SB 0749 Marrero
HB 1926 Richardson
Requirements for lenders of high-cost home loans. Requires a lender of a high-cost home l loan to verify that the borrower has received appropriate housing counseling.
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Referred to House Commerce Utilities & Banking Subcommittee.

SB 0828 Marrero
HB 0099 Moore
Publication of notice of foreclosure. Increases the time period for the first publication notice in the newspaper of the sale of land to foreclose a loan, mortgage, or deed of trust from 20 days prior to the sale to 90 days prior to sale.
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Referred to House Judiciary Civil Practice Subcommittee.

SB 0847 Black
HB 1206 McCord
Claiming of damages under Consumer Protection Act. Requires an individual claiming damages under Consumer Protection Act to prove causal link between alleged act and person's damages. Requires such a claimant to show actual out-of-pocket loss based on actual market value of good or service received in order to recover damages.
Senate Status: Senate Commerce, Labor & Agriculture deferred to 05/26/2009.
House Status: House Consumer Affairs Subcommittee recommended 03/03/2009. Sent to House Consumer & Employee Affairs Committee.

SB 1341 Tate
HB 0023 Hardaway
Homeowners' Emergency Assistance Fund Loans. Authorizes the THDA to make uninsured homeowners' emergency mortgage assistance fund loans to certain, eligible homeowners. Establishes the Homeowners' Emergency Mortgage Assistance Fund. Specifies that to be eligible, a homeowner must be in default, or at risk of default due to an interest rate reset on a conventional subprime adjustable rate mortgage loan used to purchase the homeowner's principal residence. Stays all foreclosure action against any homeowner actively pursuing a homeowner emergency mortgage assistance fund loan under certain circumstances.
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Taken off notice in House State Government Subcommittee 03/11/2009.

SB 1562 Burchett
HB 0710 Pitts
Tax refund anticipation loans to be made by check. Prohibits a facilitator from providing the proceeds of tax refund anticipation loan in any form other than a check.
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Referred to House Commerce Utilities & Banking Subcommittee.

SB 1676 Tate
HB 0049 Gilmore
Negotiation period for owner-occupied single family homes. Specifies that the required advertisements published prior to any sale of land to foreclose a deed of trust, mortgage or other lien must be published at least 60 days prior to the sale when they involve owner-occupied single family residences. Requires the trustee or financial institution to offer a good faith negotiation period of no more than seven months to any debtor who indicates a desire to arrive at an equitable and just solution within ten days of the date the notice was sent to him. Sets a c cap for the monthly payment amounts the debtor can be charged at thirty-one percent of the debtor's gross monthly income. Authorizes the debtor to pay a higher percentage upon agreement with the financial institution.
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Held on House clerk's desk.

SB 1762 Herron
HB 2231 Fitzhugh
Deferred presentment licensees. Allows deferred presentment licensees to charge interest, rather than just a fee. Specifies they may charge up to a 28 percent annual interest rate, calculated in accordance with 15 USC 1606. Cu Current law authorizes such licensees to charge a fee that is the lesser of 15 percent of the check's amount or $30. Specifies that such licensees include annual profits and employees' total compensation in currently required annual report filed with financial institutions commissioner.
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Referred to House Commerce Utilities & Banking Subcommittee.

SB 1763 Herron
HB 2218 Gilmore
Foreclosure-related rescue consultant services for a fee. Makes it an unfair or deceptive act under the Consumer Protection Act to charge a fee for engaging in foreclosure-related rescue services before completing or performing all services related to any such foreclosure-related transaction.
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Set for House Consumer Affairs Subcommittee 03/31/2009.

SB 1765 Herron
HB 1498 Turner L.
Revisions to TN Title Pledge Act. Revises the Tennessee Title Pledge Act to prohibit abusive or predatory practices by title pledge lenders. Removes language that prohibits an action from being brought by a pledgor against a title pledge lender in c connection with a title pledge agreement or property pledge agreement more than one year after the date of the alleged occurrence of any violation. Requires written notice to be provided to any person or entity that has made a complaint to the department of financial institutions about a title pledge lender regarding hearing on suspension or revocation of a title pledge lender's license. Also gives person or entity the opportunity to participate in the hearing and to present evidence. Requires title pledge lender to notify commissioner when a civil lawsuit has been filed against the title pledge lender alleging fraud, misrepresentation, deceit, or other misconduct related to the operation of the title pledge business. Requires information reported by title pledge lenders to the commissioner to be available to the public. Makes other revisions to TN Title Pledge Lender Act. (30 pp.)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Set for House Utilities & Banking Subcommittee 03/31/2009.

SB 1766 Herron
HB 1497 Turner L.
Changes to the Tennessee Title Pledge Act - predatory loans. Removes one year statute of limitation during which a criminal charge can be brought against a title pledge lender. Requires all title lenders to report to the commissioner of financial institutions any civil actions brought against them. Allows any member of the public to request information from the title pledge lender's report filed with commissioner. Changes certain allowable loan renewal agreement practices. Increases, from five percent to ten percent of the original principal loan amount, the monthly payment that the pledgor is required to make beginning with the third renewal or continuation of the loan. Establishes a two year statute of limitation for any civil action brought against a title lender.
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Referred to House Commerce Utilities & Banking Subcommittee, per announcement on House floor 03/26/2009.

SB 1937 Ford O.
HB 1443 Turner L.
Time extension for foreclosure notices. Extends the time for the initial public foreclosure notice from 20 days to 90 days. Requires that notice be given to the borrower about foreclosure counseling. Requires mortgage loans be based upon ability of borrower to repay such loans.
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Referred to House Commerce Utilities & Banking Subcommittee.

SB 2016 Ford O.
HB 0704 Turner L.
Mortgage counselor to be consulted on ARMs. Requires any person seeking a mortgage to consult a mortgage counselor before an adjustable rate mortgage can be completed.
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Referred to House Commerce Utilities & Banking Subcommittee.

SB 2194 Kyle
HB 2209 Pitts
Consumer loans - credit worthiness of debtor. Creates a defense to an action filed by a lender or financial institution for the repayment of a consumer loan, or to recover personal property used to secure a consumer loan, whereby the borrower can claim the loan originator's primary consideration was financial considerations to the lender, rather than the credit worthiness of the borrower.
Senate Status: Referred to Senate Judiciary.
House Status: Caption bill held on House clerk's desk.

SB 2226 Southerland
HB 2212 Pitts
Title pledge loans. Requires any person who makes a title pledge loan without a license and who fails or refuses to return collateral and any money paid by borrower to pay interest to borrower at 10 percent per annum of amount owed. Broadly captioned.
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Referred to House Commerce Utilities & Banking Subcommittee.

SB 2279 Kyle
HB 2316 Pitts
TN Residential Lending, Brokerage and Servicing Act. Defines "loan processor or underwriter" as an individual performing clerical or support duties as an employee and not an independent contractor under the supervision of a registrant authorized to make residential mortgage loans. Specifies that the mortgage loan originator is the person who offers or negotiates the terms of a residential mortgage loan. Effective July 31, 2009, prohibits any industrial loan or thrift company, industrial investment company or industrial bank from making residential mortgage loans unless acting as a licensed mortgage loan originator. Requires as part of registration for mortgage loan originator to pay $100 fee to commissioner of financial institutions and to complete application through the Nationwide Mortgage Licensing System and Registry. Prohibits an endorsement company from making any residential mortgage loans. Removes option to use letter of credit in lieu of surety bond for residential mortgage loans. Allows commissioner to require, as condition of registration or renewal for applicants that propose to make residential mortgage loans , testing and/or educational requirements to be met. Authorizes commissioner to require an applicant for a certificate of registration as an industrial loan and thrift company to consent to a criminal history records check and to provide fingerprints. Rewrites the Tennessee Residential Lending, Brokerage and Servicing Act of 1988. Renames the chapter as the "Tennessee Residential Lending, Brokerage and Servicing Act" and declares the act remedial in nature with intent to ensure a sound system of making residential mortgage loans through licensing, examination and regulation of mortgage lenders, mortgage loan brokers, mortgage loan services and mortgage loan originators and to be compliant with the federal Secure and Fair Enforcement for Mortgage Licensing Act of 2008. Defines "registered mortgage loan originator" as a mortgage loan originator who is an employee of a depository institution, a subsidiary of a depository institution that is regulated by a federal banking institution, or an institution regulated by the Farm Credit Administration who is registered with the Nationwide Mortgage Licensing System and Registry. Prohibits any contractor or home improvement contractor or other person supplying materials and rendering services in real property improvement from making residential mortgage loans or being a mortgage loan servicer or mortgage loan broker in TN, except that the prohibition does not apply to the following: depository institution, a subsidiary of a depository institution that is regulated by a federal banking institution, or an institution regulated by the Farm Credit Administration, an individual making such loan to an immediate family member, an individual making such loan when the loan is secured by a dwelling that served as the individual's dwelling, or a licensed attorney negotiating on behalf of a client as an ancillary matter. Requires mortgage loan originator to be sponsored by a mortgage lender or mortgage loan broker and to meet pre-licensing and continuing education and written test requirements. Provides for commissioner to issue provisional mortgage loan originator licenses. Authorizes the commissioner, to require an applicant, as a condition of employment with the department, to provide a fingerprint sample and submit to a criminal background check conducted by the TBI. (56 pp.) (Part of Administration Package.)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: House sponsor changed from Turner M. to Pitts on 03/12/2009.

FAMILY LAW

SB 0078*
HB 0605
Ineligibility for cohabitants to adopt a child. Prohibits the adoption of a minor by either same-sex or opposite-sex individuals cohabiting outside of a marriage that is valid under the constitution and laws of the state. (S: Stanley; H: DeBerry J.)
Referred to Senate Judiciary.
Referred to House Family Justice Subcommittee.

SB 1661*
HB 1586
Tennessee Women Support Act. Enacts Tennessee Pregnant Women Support Act to provide programs that reduce the need for abortion, help women bear healthy children, and support new parents. Directs the department of health to apply for federal grants to be used to collect data regarding the number of abortions performed in this state, the characteristics of those seeking abortions, and their reasons for choosing abortion. Further directs the department to develop and distribute a pamphlet to physicians providing options or alternatives to abortion in this state. Requires physicians to provide such pamphlet to all pregnant women they treat, or those who inquire about abortion. Also establishes a toll-free hotline for pregnant women needing information or resources. Creates a fund to be administered by the department of health to support the goals of this act. Funding shall be from gifts, donations, bequests and grants and shall be non-reverting. (S: Burks; H: Curtiss)
Referred to Senate Judiciary.
House Public Health & Family Assistance Subcommittee deferred to 04/14/2009.

SB 2136
HB 2159*
Embryo Donation and Adoption Act of 2009. Specifies that if an embryo is donated by its genetic parents or by its owners or by a clinic with the legal authority to relinquish its ownership to a woman and her husband, then a child born as the result of the implantation of that embryo is presumed to be the adopted child of such woman and husband. Requires that a written contract be executed transferring ownership of parental rights of the embryo prior to thawing and transfer of the embryo. States that any provision20in such contract that requires visitation by the genetic parent or otherwise places any conditions on the embryo adoption is to be void and of no effect whatsoever. Clarifies that nothing under this part is to be construed to prohibit open embryo adoption. Permits the adopting parents to file an adoption petition seeking a final order of adoption, but clarifies that the final order of adoption is not required. (S: Black; H: Hensley)
Set for Senate Judiciary Committee 04/01/2009.
Set for House Family Justice Subcommittee 03/31/2009.

SB 0439* This bill will no longer show up on our reports as it has been withdrawn.
Post-adoption services provided by DCS. Requires the department of children's services to provide certain post-adoption services, including adoption preservation services. (S: Overbey)
Withdrawn in Senate 02/26/2009.

SB 1740
HB 1407
Records for child abuse investigations. Requires all private and church-related schools to give any team investigating child abuse access to records in their custody pertaining to the child and cooperate fully with the investigation. (S: Marrero; H: Jones S.)
Set for Senate Consent #2 03/30/2009.
Set for House Civil Practice Subcommittee 03/31 /2009.

SB 1652
HB 1298*
Agencies advertising to provide child-placing services. Specifies that agencies advertising to provide child-placing services in Tennessee are required to be licensed under Tennessee licensing laws. (S: Burks; H: Jones S.)
Referred to Senate Commerce, Labor & Agriculture.
Referred to House Domestic Relations Subcommittee.

SB 1661*
HB 1586
Tennessee Women Support Act. Enacts Tennessee Pregnant Women Support Act to provide programs that reduce the need for abortion, help women bear healthy children, and support new parents. Directs the department of health to apply for federal grants to be used to collect data regarding the number of abortions performed in this state, the characteristics of those seeking abortions, and their reasons for choosing abortion. Further directs the department to develop and distribute a pamphlet to physicians providing options or alternatives to abortion in this state. Requires physicians to provide such pamphlet to all pregnant women they treat, or those who inquire about abortion. Also establishes a toll-free hotline for pregnant women needing information or resources. Creates a fund to be administered by the department of health to support the goals of this act. Funding shall be from gifts, donations, bequests and grants and shall be non-reverting. (S: Burks; H: Curtiss)
Referred to Senate Judiciary.
House Public Health & Family Assistance Subcommittee deferred to 04/14/2009.

SB 1702*
HB 1629
DCS to provide certain post-adoption services. Requires DCS to provide post-adoption services in order to reduce the risk of adoption dissolution and to support the goal of permanency in adoption. Establishes the following as post adoption services: crisis intervention, family and individual counseling, support groups for parents and children, advocacy, respite, case management, networking of families and community providers. (S: Overbey; H: McCord)
Referred to Senate General Welfare.
Referred to House Domestic Relations Subcommittee.

SB 1709*
HB 2106 This bill will not longer show up on our reports as the bill has been withdrawn
Tennessee Pregnant Women Support Act. Authorizes the department of health to apply for federal grants to fund the collection of data regarding the number of abortions performed in this state, the characteristics of those seeking abortions, the reasons why women choose abortion, or any other information applicable to supporting pregnant women in this state who may be seeking an abortion. Requires the department o f health to create a hotline as well as pamphlets for doctors' offices to provide interested women with information about public and private health care services available to women during and after the birth of a child. (S: Herron; H: Fincher)
Referred to Senate Judiciary.
Taken off notice in House Public Health & Family Assistance Subcommittee 03/24/2009.

HEALTH CARE

SB 1800
HB 0445*
Informed consent for abortions. Requires that the informed written consent of the woman be obtained prior to an abortion, providing for 24-hour period of reflection after the woman receives the information needed for an informed consent. Establishes requirements for a physician or other health care professional to follow in order to obtain informed consent from the woman. Establishes an exception to informed consent and waiting period requirements when necessary to protect the life or health of the woman. (S: Herron; H: Maddox)
Referred to Senate Judiciary.
Set for House Public Health and Family Assistance Subcommittee 03/31/2009.

SB 1800
HB 0445*
Informed consent for abortions. Requires that the informed written consent of the woman be obtained prior to an abortion, providing for 24-hour period of reflection after the woman receives the information needed for an informed consent. Establishes requirements for a physician or other health care professional to follow in order to obtain informed consent from the woman. Establishes an exception to informed consent and waiting period requirements when necessary to protect the life or health of the woman. (S: Herron; H: Maddox)
Referred to Senate Judiciary.
Set for House Public Health and Family Assistance Subcommittee 03/31/2009.

HJR 0066
Constitution - right to abortion. Adds new provision to Article I to provide that nothing in Constitution of Tennessee secures or protects right to abortion or requires the funding of an abortion. (H: Maggart)
Set for House Public Health and Family Assistance Subcommittee 03/31/2009.

HJR 0088
Constitutional amendment - right to or funding of abortion. Adds new provision to Article I to provide that nothing in Constitution of Tennessee secures or protects the right to abortion or requires the funding of an abortion. Gives the legislature the authority to enact, amend, or repeal statutes regarding abortion, including circumstances of pregnancy resulting from rape or incest or when necessary to save the life of the mother. (H: Curtiss)
Set for House Public Health and Family Assistance Subcommittee 03/31/2009.

HJR 0127
Constitutional amendment - abortion. Adds new provision to Article I to provide that nothing in Constitution of Tennessee 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. (H: Kelsey)
Set for House Public Health and Family Assistance Subcommittee 03/31/2009.

SB 1426*
HB 1706
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)
Referred to Senate General Welfare.
Referred to House Professional Occupations Subcommittee.

SB 1569*
HB 1546
Donations and dispensation of certain drugs. Revises law to include charitable clinic physicians, in addition to charitable clinics, in definition of who may dispense certain drugs under the Nina Norman Prescription Drug Donation Act of 2006. Also changes definition of who is considered indigent and thereby eligible to receive donation of certain drugs. Changes definition of charitable clinic pharmacy to allow payment of a nominal fee for services. (S: Norris; H: DeBerry J.)
Referred to Senate General Welfare.
Referred to House Professional Occupations Subcommittee.

SB 0640*
HB 1532
Emergency Care for Rape Victims Act. Requires hospitals treating rape victims to provide each such victim with written and oral information on emergency contraception and to inform each victim of her option to be provided with emergency contraception; specifies that hospitals with religious affiliations choosing not to comply are excluded from this requirement. (S: Marrero; H: Favors)
Referred to Senate General Welfare.
Referred to House Health Care Facilities Subcommittee.

GOVERNMENT ORGANIZATION/ GOVERNMENT REGULATION

SB 1283*
HB 1598
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 a20compelling government interest and is the least restrictive means of furthering that interest. (S: Bunch; H: Lynn)
Set for Senate Judiciary Committee 04/01/2009.
Set for House Civil Practice Subcommittee 03/31/2009.

SB 2296
HB 2254*
Reports of abuse or neglect of adults. Specifies that the division of mental retardation services of the department of finance and administration is not required to report to the department of human services any allegations of abuse, neglect or exploitation involving any person in any of the institutions operated by the division. Specifies that such allegations will be investigated by investigators within the division itself. (Part of Administration Package) (S: Kyle; H: Yokley)
Set for Senate Judiciary Committee 04/01/2009.
Set for House Civil Practice Subcommittee 03/31/2009.

ENVIRONMENT

SB 1398
HB 0455 *
Surface mining activities prohibited. Prohibits the department of environment and conservation from issuing or renewing permits related to surface mining activities under specific conditions. (S: Jackson; H: McDonald)
Referred to Senate Environment, Conservation & Tourism.
Referred to House Conservation Environment Subcommittee.

IMMIGRANTS

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

SB 1745*
HB 1648
We Want To Learn English Initiative. Requires the department of labor force and workforce development, in conjunction with the department of education, to establish and administer grant program, "We Want To Learn English Initiative," for the purpose of providing resources for immigrants and refugees to learn English. Broadly captioned. (S: Ketron; H: Jones U.)
Referred to Senate Commerce, Labor & Agriculture.
House companion bill introduced. (H: Jones U.)

EDUCATION

SB 0075*
Parental Choice Scholarship Program Act of 2009. Classifies an eligible student as one whose household income does not exceed two and one half times the income standard used to qualify for reduced price lunch. Allows a student participating in this program to attend the school until graduation or reaching 21 years of age. Establishes a method for calculating tuition cost based on household income, the participating school's annual cost per pupil, and a percentage of the dollar amount the resident school district would have allocated per pupil from state and local sources to educate the student had he enrolled in that district. Prohibits any participating school from refunding or sharing a student's scholarship with a parent or student in any manner. Authorizes eligible students who qualify for the federal free or reduced lunch program to attend any participating school in the parental choice scholarship program at no charge to the student. Requires participating schools that have more applicants than spaces to choose students by random selection but allows them to give preference to siblings of current students and previously enrolled scholarship students. Authorizes the department of education to adopt rules and regulations, especially relative to nonpublic schools wishing to participate. Specifies that participating nonpublic schools must comply with certain provisions of law applicable to public schools such as criminal background checks for employees and proof of financial responsibility. Requires the participating school to regularly report the student's progress to his parents and specifies government agencies cannot regulate curriculum for such schools. Requires the resident school district to provide transportation for the eligible student to and from the participating school under the same conditions the resident school would if the student were attending his district's school. (S: Stanley)
Referred to Senate Education.

SB 0171
HB 0208*
Civic education program grants for non-profits. Requires department of education to establish, administer, and monitor a grant for eligible non-profit organizations providing civic education programs. Specifies that the maximum amount of the grant will not exceed $95,000. (S: Ketron; H: Coley)
Referred to Senate Education.
Set for House Education K-12 Subcommittee 04/01/2009.

LABOR LAW

SB 0083*
HB 0311
Prohibits local governments from setting minimum wage. Prohibits any local government from requiring a private employer to pay its employees any wage that is not required to be paid by such employer under applicable federal or state law. (S: Stanley; H: Sargent)
Amendment: Senate amendment 1 clarifies that the act only applies to contracts entered into on or after bill's effective date. Senate amendment 3 allows statutory exceptions for anything that would bar federal draw down funding.
Senate 03/12/2009 passed with amendments 1 and 3.
Referred to House Employee Affairs Subcommittee.

Legislative Alert:

Chairman of the House Health and Human Services committee, Rep. Joe Armstrong from Knoxville, has called for a public hearing on March 11th at 3:00 Room 16 at the Legislative Plaza, Nashville. This is to be an educational hearing focusing on the laws being introduced that deal with abortion. The only speakers will be those arranged for by the bill sponsors. There will be a time allotted to each bill for discussion. It is possible that the meeting will continue on Thursday March 12th. This is a wonderful opportunity to see government in action if you can attend. If your legislator serves on this committee or is sponsoring one of the bills contact them now and share your opinion.

Legislative To Be Heard:

SJR 0127 (Black): 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.

HJR 0061 (Fincher) Constitution - right to abortion.

Adds new provision to Article I to provide that nothing in Constitution of Tennessee secures or protects right to abortion or requires the funding of an abortion except in cases involving rape, incest, or health of the mother.

HJR 0066 (Maggart) Constitution - right to abortion.

Adds new provision to Article I to provide that nothing in Constitution of Tennessee secures or protects right to abortion or requires the funding of an abortion.

HJR 0088 (Curtiss) Constitutional amendment - right to or funding of abortion.

Adds new provision to Article I to provide that nothing in Constitution of Tennessee secures or protects the right to abortion or requires the funding of an abortion. Gives the legislature the authority to enact, amend, or repeal statutes regarding abortion, including circumstances of pregnancy resulting from rape or incest or when necessary to save the life of the mother.

SB 1794* (Herron) HB 2204 (Maddox) Abortion - informed consent, third trimester abortions.

Requires that the informed written consent of the woman be obtained prior to an abortion, providing for 24-hour period of reflection after the woman receives the information needed for an informed consent. Establishes requirements for a physician or other health care professional to follow in order to obtain informed consent from the woman. Establishes an exception to informed consent and waiting period requirements when necessary to protect the life or health of the woman. SB

1800 (Herron) HB 0445* (Maddox) Informed consent for abortions.

Requires that the informed written consent of the woman be obtained prior to an abortion, providing for 24-hour period of reflection after the woman receives the information needed for an informed consent. Establishes requirements for a physician or other health care professional to follow in order to obtain informed consent from the woman. Establishes an exception to informed consent and waiting period requirements when necessary to protect the life or health of the woman.

SB 1709*(Herron) HB 2106 (Fincher) Tennessee Pregnant Women Support Act.

Authorizes the department of health to apply for federal grants to fund the collection of data regarding the number of abortions performed in this state, the characteristics of those seeking abortions, the reasons why women choose abortion, or any other information applicable to supporting pregnant women in this state who may be seeking an abortion. Requires the department of health to create a hotline as well as pamphlets for doctors' offices to provide interested women with information about public and private health care services available to women during and after the birth of a child.

SB 0846 (Beavers) HB 0436* (Shipley) Standards for ambulatory surgical treatment centers.

Requires that any physician's office that performs abortions be classified as an as ambulatory surgical treatment centers. Requires the department of health, through the board for licensing health care facilities, to promulgate rules and regulations that contain certain minimum standards for the maintenance and operation of ambulatory surgical treatment centers.

SB 1239 (Bunch) HB 0819* (Campfield) Death certificate to be issued for abortions.

Requires a death certificate to be filed with the office of vital records for each abortion performed in the state. Requires death certificate to state that the fetal death was due to an abortion.

Committee Members:

Representative Armstrong 741-0768 - rep.joe.armstrong@capitol.tn.gov

Representative Jim Cobb 741-1450 - rep.jim.cobb@capitol.tn.gov

Representative Curt Cobb 741-6824 - rep.curt.cobb@capitol.tn.gov

Representative Charles Curtiss 741-1963 - rep.charles.curtiss@capitol.tn.gov

Representative Vince Dean 741-1934 - rep.vince.dean@capitol.tn.gov

Representative John DeBerry 741-2239 - rep.john.deberry@capitol.tn.gov

Representative Lois DeBerry 741-3830 - rep.lois.deberry@capitol.tn.gov

Representative Vance Dennis 741-2007 - rep.vance.dennis@capitol.tn.gov

Representative Josh Evans 741-3979 - rep.josh.evans@capitol.tn.gov

Representative Dennis Ferguson 741-7658 - rep.dennis.ferguson@capitol.tn.gov

Representative Dale Ford 741-1717 - rep.dale.ford@capitol.tn.gov

Representative Curtis Halford 741-7478 - rep.curtis.halford@capitol.tn.gov

Representative Mike Harrison 741-7480 - rep.mike.harrison@capitol.tn.gov

Representative Sherry Jones 741-2035 - rep.sherry.jones@capitol.tn.gov

Representative Debra Maggart 741-3893 - rep.debra.maggart@capitol.tn.gov

Representative Jason Mumpower 741-2050 - rep.jason.mumpower@capitol.tn.gov

Representative Gary Odom 741-4410 - rep.gary.odom@capitol.tn.gov

Representative Mary Pruitt 741-3853 - rep.mary.pruitt@capitol.tn.gov

Representative Bob Ramsey 741-0981 - rep.bob.ramsey@capitol.tn.gov

Representative Barrett Rich 741-6890 - rep.barrett.rich@capitol.tn.gov

Representative Jeanne Richardson 741-9128 - rep.jeanne.richardson@capitol.tn.gov

Representative David Shepard 741-3513 - rep.david.shepard@capitol.tn.gov

Representative Tony Shipley 741-6867 - rep.tony.shipley@capitol.tn.gov

Representative Mike Turner 741-3229 - rep.mike.turner@capitol.tn.gov

Representative JoAnne Favors 741-2702 - rep.joanne.favors@capitol.tn.gov

Representative Joey Hensley 741-7476 - rep.joey.hensley@capitol.tn.gov

The 106th TN legislative session is starting slowly and not many bills have been introduced yet. However the TN Catholic Public Policy Commission recognizing the tremendous budget difficulties that lie ahead, TNCPPC recognizes that protecting statewide programs that benefit Tennessee�s poor population will top its advocacy efforts during the 106th legislative session. Significant budget deficits in the coming fiscal year certainly present a major obstacle to protecting critical programs, but it is the mission of our organization to give a voice in the legislative process to the vulnerable and those who live on the margins of society.

Until we have a listing of the legislation that we will have on our advocacy agenda know that these are issues that will be of continued interested to the Catholic Public Policy Commission.

I. Religious Freedom
• The rights of faith-based providers and all individuals to conscience protections in the delivery of services, and
• The equal application of the law to all persons and institutions regardless of their faith.

II. Human Life
• State initiatives that provide alternatives to abortion and assistance to pregnant women,
• Legislation that seeks to protect the lives of unborn children,
• Regulations on human research to uphold the life and dignity of the human person,
• opposing human cloning,
• opposing assisted suicide, and
• opposing the State�s use of the death penalty.

III. Children and Families
• Upholding the traditional definition of marriage and the family,
• Policies that protect the stability of the marriage bond and the institution of the family,
• Policies to support foster care services and payments to ensure critical services are provided to     children in need.

IV. Health Care
• Expansion of health coverage for low-and moderate-income uninsured individuals and families,
• The protection of Medicaid funding,
• Opposition to legislation that threatens the institutional integrity of faith-based providers, and

V. Education
• Strengthening of the public school system,
• Fair treatment of non-public school students regarding eligibility for college scholarship and     financial aid programs,
• Support school choice programs

VI. Economic Justice and Regulatory Policies
• The allocation of scarce budget resources to preserve essential services for vulnerable persons, • Maintenance of the tax-exempt status for not-for-profit organizations,
• State identification card, drivers' license, and marriage license policies that respect the dignity     of residents who live in our State regardless of citizenship ,
• Affordable housing for low and moderate income families and individuals,
• Polices that encourage workplace justice, including adequate wages for childcare workers,
• Affordable and accessible transportation options for low and moderate income workers, and

VII. Restorative Justice
• Adequate and professional legal representation to all accused individuals regardless of     economic status,
• The right of faith-based providers in the delivery of services to incarcerated individuals,     regardless of citizenship,
• A comprehensive approach to prisoner rehabilitation and re-entry programs that includes     continuing education, adequate personal identification, transportation, housing and employment     assistance, and
• Recognition of the recommendations offered by the Death Penalty Study Committee

Legislative Wrap Up
Last Updated June 2nd, 2008
The Legislature has wrapped up its 105th Session that began on January 8th on May 21st. Amid complaints about the lack of activity during the early months of the year, the legislators did run one day past their 90 day limit and are finally headed home after passing the $27 billion state budget for the coming fiscal year. The budget included many spending cuts and plans for employee lay offs.

So What Now?
House and Senate Members are back in their home districts. The entire House of Representatives and the Senate members with even numbered districts are up for reelection. If you didn't agree with some of your member's votes, you can ask them why they voted the way they did. If you did agree with some of your member's votes, you should thank them for their support. Their votes on our Focus Issues are below. You can always check the state's website www.legislature.state.tn.us for more information about your member and their vote and sponsorship history.
On our website, (www.tncppc.org) we have created a new page of our archived action alerts. While the Legislature is officially shut down, these archived action alerts can help you see which members were on the committees our legislative issues came before. With the majority of the members up for reelection in addition to other members retiring, the house and senate committee memberships will be changing.

2008 Legislative Focus Issues for CAN
(see below for vote totals more information)
Respect for Human Life Issues: Death Penalty Study Committee Extension Passed, SJR127 Constitutional Amendment Regarding Abortion Failed.
Health Care Issue: Long Term Care Community Choices Act of 2008 Passed.
Human Solidarity: Racial Profiling Prevention Act Passed, See final section to see the vote on an amendment on this Act.
Human Solidarity and the Dignity of Work and the Rights of the Worker: Call for Humane Legislation.

Respect For Human Life:
Supported: SB2718 HB2733: Death Penalty Study Committee PASSED!
House: Ayes 59, Noes 36, Present Not Voting 1
Senate: Ayes 29, Noes 0, Present Not Voting 1

Representatives voting aye were: Armstrong, Bibb, Bone, Borchert, Briley, Brown, Buck, Camper, Cobb C, Coleman, Cooper, Crider, Curtiss, Dean, DeBerry J, DeBerry L, Dunn, Eldridge, Favors, Ferguson, Fincher, Fitzhugh, Fraley, Gilmore, Hackworth, Hardaway, Harmon, Harwell, Hood, Johnson P, Jones S, Jones U, Kernell, Litz, Maddox, McDonald, McManus, Miller, Moore, Niceley, Overbey, Pinion, Pitts, Pruitt, Richardson, Rinks, Shaw, Shepard, Tidwell, Tindell, Towns, Turner L, Turner M, Vaughn, West, Windle, Winningham, Yokley, Mr. Speaker Naifeh

Representatives voting no were: Baird, Bass, Bell, Brooks H, Brooks K, Casada, Cobb J, Coley, DuBois, Floyd, Ford, Gresham, Harrison, Hawk, Hensley, Hill, Johnson C, Kelsey, Lollar, Lundberg, Lynn, Maggart, Matheny, Matlock, McCord, McCormick, McDaniel, Montgomery, Mumpower, Roach, Rowland, Sargent, Swafford, Todd, Watson, Williams
Representatives present and not voting were: Campfield

Senators voting aye were: Berke, Black, Bunch, Burchett, Burks, Finney L, Finney R, Ford, Harper, Haynes, Henry, Herron, Jackson, Johnson, Ketron, Kilby, Kurita, Kyle, Marrero, McNally, Norris, Roller, Southerland, Stanley, Tate, Tracy, Watson, Woodson, Mr. Speaker Ramsey

Senators present and not voting were: Beavers

Supported: SJR127: Constitutional Amendment Regarding Abortion FAILED
Seeks to change the state constitution to eliminate many protections for abortion rights. While this Senate Joint Resolution passed in the Senate early in the Session it failed in a House Subcommittee, House Public Health and Family Assistance. Rep. Bill Dunn from Knoxville did attempt to bring it directly to the floor of the House unsuccessfully. This is the fourth time this type of proposal has been defeated in the legislature.

Health Care Issues:
Supported: SB4181 HB4144: Long Term Care PASSED!
House: Ayes 97, Noes 0
Senate: Ayes 32, Noes 0

Senators voting aye were: Beavers, Berke, Black, Bunch, Burchett, Burks, Crowe, Finney L, Finney R, Ford, Harper, Haynes, Henry, Herron, Jackson, Johnson, Ketron, Kilby, Kurita, Kyle, Marrero, McNally, Roller, Southerland, Stanley, Tate, Tracy, Watson, Wilder, Williams, Woodson, Mr. Speaker Ramsey

Representatives voting aye were: Armstrong, Baird, Bass, Bell, Bibb, Bone, Borchert, Briley, Brooks H, Brooks K, Brown, Buck, Camper, Campfield, Casada, Cobb C, Cobb J, Coleman, Coley, Cooper, Crider, Curtiss, Dean, DeBerry J, DeBerry L, DuBois, Dunn, Eldridge, Favors, Ferguson, Fincher, Fitzhugh, Floyd, Ford, Fraley, Gilmore, Gresham, Hackworth, Hardaway, Harmon, Harrison, Harwell, Hawk, Hensley, Hill, Hood, Johnson C, Johnson P, Jones S, Jones U, Kelsey, Kernell, Litz, Lollar, Lundberg, Lynn, Maddox, Maggart, Matheny, Matlock, McCord, McCormick, McDaniel, McDonald, McManus, Miller, Montgomery, Moore, Mumpower, Niceley, Overbey, Pinion, Pitts, Pruitt, Richardson, Rinks, Roach, Rowland, Sargent, Shaw, Shepard, Sontany, Swafford, Tidwell, Tindell, Todd, Towns, Turner L, Turner M, Vaughn, Watson, West, Williams, Windle, Winningham, Yokley, Mr. Speaker Naifeh

Human Solidarity:
Supported SB3459 HB4001: Racial Profiling Prevention Act PASSED!
House: Ayes 96, Noes 0
Senate: Ayes 23, Noes 5
See the bottom section of this email about dignity and humane legislation to see more information about the attempt to turn this into an immigration issue.

Representatives voting aye were: Armstrong, Baird, Bass, Bell, Bibb, Bone, Borchert, Briley, Brooks H, Brooks K, Brown, Buck, Camper, Campfield, Casada, Cobb C, Cobb J, Coleman, Coley, Cooper, Crider, Curtiss, Dean, DeBerry J, DeBerry L, DuBois, Dunn, Eldridge, Favors, Ferguson, Fitzhugh, Floyd, Ford, Fraley, Gilmore, Gresham, Hackworth, Hardaway, Harmon, Harrison, Harwell, Hawk, Hensley, Hill, Hood, Johnson C, Johnson P, Jones S, Jones U, Kelsey, Kernell, Litz, Lollar, Lundberg, Lynn, Maddox, Maggart, Matheny, Matlock, McCord, McCormick, McDaniel, McDonald, McManus, Miller, Montgomery, Moore, Mumpower, Niceley, Odom, Overbey, Pinion, Pitts, Pruitt, Richardson, Rinks, Roach, Rowland, Sargent, Shaw, Shepard, Sontany, Tidwell, Tindell, Todd, Towns, Turner L, Turner M, Vaughn, Watson, West, Williams, Windle, Winningham, Yokley, Mr. Speaker Naifeh

Senators voting aye were: Berke, Black, Burks, Finney L, Ford, Harper, Haynes, Henry, Herron, Jackson, Johnson, Kilby, Kurita, Kyle, Marrero, Norris, Roller, Tate, Tracy, Wilder, Williams, Woodson, Mr. Speaker Ramsey
Senators voting no were: Beavers, Burchett, Crowe, Ketron, McNally

Human Solidarity and the Dignity of Work and the Rights of the Worker:
Call for Humane Legislation

The Catholic Public Policy Commission worked with other coalitions that called for humane immigration legislation successfully over the past session to help promote solidarity and protect dignity and rights of all workers in Tennessee. We called for Just and Humane Immigration legislation to be passed in Tennessee. For example: one bill that would prohibit undocumented workers from receiving compensation for any work they did in Tennessee. If compensation were received, such action would be a Class B misdemeanor and would be subject to criminal forfeiture provisions. This bill was deemed by the Attorney General as unconstitutional and the sponsors of the bill agreed to not move the bill further in the legislative process.

When the Racial Profiling Prevention Act was before the House of Representatives, there was an attempt by Rep. Campfield to turn the bill into an anti-immigration issue rather than human dignity and solidarity issue of preventing racial profiling. The amendment language would rewrite the bill as follows: "Every law enforcement agency is strongly encouraged to adopt a written policy that prohibits racial profiling and a written policy that strongly encourages the implementation of a plan that allows for identification of illegal aliens on or before January 1, 2010." This amendment would also turn the legislation unconstitutional due to the fact that the caption or title of the bill does not address immigration.

The following Representatives voted to table the amendment: Armstrong, Bass, Bibb, Bone, Borchert, Briley, Brown, Buck, Camper, Coleman, Coley, Cooper, Curtiss, DeBerry J, DeBerry L, Eldridge, Favors, Ferguson, Fitzhugh, Ford, Fraley, Gilmore, Hackworth, Hardaway, Harmon, Harrison, Hood, Jones S, Jones U, Kernell, Litz, Maddox, McCord, McCormick, McDaniel, McDonald, Miller, Montgomery, Moore, Odom, Pinion, Pitts, Pruitt, Richardson, Rinks, Roach, Sargent, Shaw, Shepard, Sontany, Tidwell, Tindell, Towns, Turner L, Turner M, Vaughn, Williams, Winningham, Yokley, Mr. Speaker Naifeh

The following Representatives voted to not table the unconstitutional amendment so it could be considered for passage: Baird, Bell, Brooks H, Brooks K, Campfield, Casada, Cobb C, Cobb J, Crider, Dean, DuBois, Dunn, Floyd, Gresham, Harwell, Hawk, Hensley, Hill, Johnson C, Kelsey, Lollar, Lundberg, Lynn, Maggart, Matheny, Matlock, McManus, Mumpower, Niceley, Overbey, Rowland, Swafford, Todd, Watson, West, Windle

Synopsis of how a bill passes through the General Assembly

Bills may be companions if both captions are identical. If a bill passes one house, it is sent to the other. If it has a companion that is moving through the process, the bill passing first remains on the clerk's desk in the second chamber until the companion reaches the floor. At that time the first bill is "substituted and conformed," meaning that lawmakers acted on the version already passed in the other chamber.

If a bill without a companion passes in one chamber, it goes through the committee process in the other chamber. Such bills rarely pass.

Names in parentheses in the bill summary are the prime sponsors who are listed first on the bill.

Amendments to bills are summarized just after the sponsors' names. Status columns usually note that amendments are on the bill.

Constitutionally all bills must pass three readings. The first two are formalities -- first reading when the bill is introduced, second reading when it is referred to committee. Third reading is final passage on the floor by the entire chamber.

Committees may defer a bill (deferral to a date when the Assembly is out of session is a way to kill legislation); it may fail; it may be referred to a subcommittee; it may be recommended for passage with or without amendments; or go to the floor without recommendation.

When a committee recommends a bill with a large fiscal effect, it is referred to the Finance, Ways & Means Committee, which must also act on it. Otherwise, the bill goes to the Calendar Committee in the Senate or to the House Calendar & Rules Committee. The Senate Calendar Committee routinely schedules all bills for the floor, so we do not report its calendar. The House Calendar & Rules Committee is reported because it considered each bill substantively and bills frequently die there.

On the floor, a bill must receive the favorable vote of a "constitutional majority," or 17 senators and 50 representatives. If a constitutional majority votes against a bill, it is rejected and no bill on the same subject may be enacted during that two-year term. If a bill falls in between -- neither the votes for it or those against it make up a constitutional majority -- it "fails for lack of a constitutional majority" and goes to the Calendar committees. The bill can return to the floor under some conditions, but a bill may be voted upon only twice during a session.

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