Legislative report for LWV
February
6, 2010
Calendar –
Tuesday, February 9, 2010
House Elections
Subcommittee -- Tuesday at 1:00 pm -- LP 16
MEMBERS: Chair Yokley (D), Vice Chair Watson (R), Cobb J. (R), Evans (R), Moore (D), Tindell (D).
HB 3019 DeBerry J.: Contesting of primary election. Requires contest of a primary election to be heard by an administrative law judge appointed by the secretary of state and conducted as a contested case hearing.
HB 2798 McCormick: Absentee voting by members of the armed service.
Allows the registrar to email a ballot to each member of the armed forces and
each citizen temporarily outside the
HB 0270 Watson E.: Citizenship must be proven prior to registration. Requires satisfactory evidence of citizenship status to be proven prior to registration to vote.
MEMBERS: Chair McCormick (R), Vice Chair Pruitt (D), Carr (R), T. Cobb (D), Haynes (R), Litz (D).
HB 2974 Jones S.: Adequate public notice: when posted on municipal web sites. Establishes that adequate public notice of public meetings occurs when the governmental body posts the notice on municipal web sites.
Senate Judiciary
Committee -- Tuesday at 3:00 pm -- LP 12
MEMBERS: Chair Beavers (R), Vice Chair Jackson (D), Secretary Overbey (R), Black (R), Bunch (R), Faulk (R), Kelsey (R), Kyle (D), Marrero (D).
SJR 0682 Beavers: Legislative process for increases in appropriations. Proposes a constitutional amendment to require a two-thirds vote by both the senate and the house of representatives in order to approve legislation that seeks an increase in appropriations in excess of the Copeland spending cap for any fiscal year.
Wednesday, February 10, 2010
House Local
Government Subcommittee -- Wednesday at 8:30 am -- LP 31
MEMBERS: Chair L. Miller (D), Vice Chair Swafford (R), U. Jones (D), West (D), Ramsey (R), Todd (R).
HB 3639 Todd: Adds member to advisory committee on open government.
Changes from 10 to 11 the number of members on the advisory committee on open
government by adding a law enforcement member to such committee who is a member
of either the
Senate State &
Local Government Committee -- Wednesday at 10:00 am -- LP 12
MEMBERS: Chair Ketron (R), Vice Chair L. Finney (D), Secretary J. Haynes (D), Burchett (R), Faulk (R), Harper (D), Norris (R), Tracy (R), Yager (R).
SB 3594 Ketron: Adds member to advisory committee on open government. Changes from 10 to 11 the number of members on the advisory committee on open government by adding a law enforcement member to such committee who is a member of either the Tennessee sheriffs' association or the Tennessee Association of Chiefs of Police.
SB 3551 Ketron: Membership of advisory committee on open government. Adds two members to the advisory committee on open government for a term of four years including a member from the Tennessee Association of Chiefs of Police and a member from the Tennessee Sheriffs' Association.
2010 Bill List –
SB 2482 Gresham
HB 3737 Coley
Annual report on pre-K program to be posted on Internet. Requires the office of early learning in the department of education to post its annual report on the voluntary pre-K program on its Web site.
Senate Status: Referred to Senate Education.
House Status: House companion bill introduced.
SB 2616 McNally
HB 2556 Fitzhugh
Reduces sales tax on food. Reduces state sales tax on food from 5.5 percent to 5 percent for tax year 2011 and thereafter. Broadly captioned.
Senate Status: Referred to Senate Finance, Ways & Means.
House Status: Caption bill held on House clerk's desk.
SB 2619 Tracy
HB 2959 Dunn
Records custodians: prohibits labor and other charges. Prohibits records custodians from including labor when charging reasonable costs regarding the production of requested material, unless the records have a commercial value. Removes the previous requirement that the office of open records consider other charges deemed appropriate when determining reasonable charges.
Senate Status: Referred to Senate State & Local Government.
House Status: Referred to House Judiciary Civil Practice Subcommittee.
SB 2681 Ketron
HB 2799 McCormick
Registrar's duties: emailing ballots to entitled voters. Allows the registrar to email a ballot, or mail a ballot as previously required, to each member of the armed forces and each citizen temporarily outside the United States who is entitled to vote.
Senate Status: Referred to Senate State & Local Government.
House Status: Set for House Elections Subcommittee 02/09/2010.
SB 2684 Ketron
HB 2750 Todd
Voter registration notification forms. Specifies that if a registration notification form is returned to the county election commission of the applicant as undeliverable a second time, the voter's registration shall be purged with the form being treated as deficient. Allows a qualified voter to correct such form no later than five days before the election. Requires that registration cards be mailed, no longer allowing them to be given in person. Changes to the fourth Thursday after a primary election, from the third, the day on which the state coordinator of elections must declare winners. Requires that voting machines remain locked against voting a minimum of five days after the certification of the election, rather than ten days after an election.
Senate Status: Referred to Senate State & Local Government.
House Status: Referred to House Elections Subcommittee.
SB 2686 Black
HB 2681 Hill
Coverage of abortion services. Prohibits coverage for abortion services under any health care plan required to be established in this state pursuant to federal health care reform legislation.
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Introduced 1/25/2010
SB 2692 Southerland
HB 2684 Hill
Reduces state sales tax on food. Reduces the state sales tax rate on food each year by 0.5 percent until no state sales tax is levied on food in 2015. Allows cities and counties to continue to levy a local option sales tax on food. States intent that streamlined sales tax agreement not affect the tax rates established pursuant to this act.
Senate Status: Referred to Senate Finance, Ways & Means.
House Status: Referred to House Finance Budget Subcommittee.
SB 2738 Faulk
HB 2974 Jones S.
Adequate public notice: when posted on municipal web sites. Establishes that adequate public notice of public meetings occurs when the governmental body posts the notice on municipal web sites.
Senate Status: Referred to Senate State & Local Government.
House Status: Set for House State Government Subcommittee 02/09/2010.
SB 2920 Burchett
HB 3019 DeBerry J.
Contesting of primary election. Requires contest of a primary election to be heard by an administrative law judge appointed by the secretary of state and conducted as a contested case hearing.
Senate Status: Referred to Senate State & Local Government.
House Status: Set for House Elections Subcommittee 02/09/2010.
SB 2922 Burchett
HB 2495 Harwell
Changes variable Tennessee inheritance tax rate. Replaces current, variable Tennessee inheritance tax rate based on total estate amount with a single inheritance tax rate of 5.5 percent for decedents dying after January 1, 2011.
Senate Status: Senate companion bill introduced.
House Status: Referred to House Finance Budget Subcommittee.
SB 2959 Watson B.
HB 3049 Favors
Fees for medical records. Sets the maximum charge for medical records request at $20 for the first five pages and then fifty cents for each additional page. Places the maximum charge for medical records delivered electronically at $50.
Senate Status: Set for Senate General Welfare Committee 02/10/2010.
House Status: Set for House Civil Practice Subcommittee 02/10/2010.
SB 2978 Tate
Food Sales &
Franchise Tax Cut and Job Creation Act of 2010. Eliminates the state portion of the sales tax on food; reduces the state
share of the sales tax on other goods from 7% to 5%; reduces the business
franchise tax rate by half and eliminates the property component; eliminates
the Hall income tax and holds local governments harmless for loss of revenue
from Hall tax; and establishes a tax on personal income at a five-step graduated
rate (ranging from 3.5% to 7.75%) with a $17,500 exemption for individuals,
$26,000 exemption for heads of households, and $35,000 exemption for joint
filers plus $2,500 deduction for each dependent. Official fiscal note not yet available.
Senate Status: Referred to Senate Finance, Ways & Means.
SB 3118 BerkeHB 3587 Coleman
Corporations - statement of contributions and expenditures. Requires corporations that contribute in any way to political campaigns to file a report including all contributions received and expended. Specifies that certain advertisements by corporations expressly for or against a specific candidate shall have a disclaimer that details the name of the corporation that funded the advertisement.
Senate Status: Referred to Senate State & Local Government.
House Status: Referred to House State & Local Government.
SB 3190 Stewart E.
HB 3392 Cobb T.
State to purchase voter-verifiable paper ballot printers. Requires direct record electronic voting machines used in the November 2010 regular election to also utilize a working voter-verifiable paper ballot printer for the purpose of an audit.
Senate Status: Referred to Senate State & Local Government.
House Status: Referred to House State & Local Government.
SB 3216 Finney L.
HB 3455 Odom
Protect integrity and reliability of voting machines. Requires the coordinator of elections to develop and implement policies to preserve and protect the integrity and reliability of all voting machines for the November 2010 regular election. Establishes that the coordinator of elections must provide a report of the proposed policies and the timeline to implement them by April 12, 2010.
Senate Status: Referred to Senate State & Local Government.
House Status: Referred to House State & Local Government.
SB 3235 Tate
HB 3597 Turner J.
Tax Cut and Job Creation Act. Eliminates the state portion of the sales tax on food; reduces the state share of the sales tax on other goods from 7% to 5%; reduces the business franchise tax rate by half and eliminates the property component; eliminates the Hall income tax and holds local governments harmless for loss of revenue from Hall tax; and establishes a tax on personal income at a flat 5.5% rate with a $20,000 exemption for individuals, $30,000 exemption for heads of households, and $40,000 exemption for joint filers plus $2,500 deduction for each dependent. Estimated net revenue $200 million-$400 million (official fiscal note not yet available).
Senate Status: Referred to Senate Finance, Ways & Means.
House Status: Referred to House Finance, Ways & Means. House Government Operations will review if recommended.
SB 3236 Tate
HB 3596 Turner J.
Tax Cut and Job
Creation Act. Eliminates the state
portion of the sales tax on food; reduces the state share of the sales tax on
other goods from 7% to 5%; reduces the business franchise tax rate by half and
eliminates the property component; eliminates the Hall income tax and holds
local governments harmless for loss of revenue from Hall tax; and establishes a
two-step graduated tax rate on personal income with a $20,000 exemption for
individuals, $30,000 exemption for heads of households, and $40,000 exemption
for joint filers plus $2,500 deduction for each dependent. The income tax rate would be 3.0% on first
$50,000 of taxable income and 6% on the amount above $50,000 in taxable income.
Official fiscal note not yet available.
Senate Status: Referred to Senate Finance, Ways & Means.
House Status: Referred to House Finance, Ways & Means. House Government Operations will review if recommended.
SB 3303 Kelsey
HB 3626 Dennis
Corporate Expenditure Disclosure Act. Prohibits corporations from directly contributing to a specific candidate. Requires corporations using independent expenditures over $1,000 for media advocating election or defeat of a candidate to electronically file itemized expenditure statements with the registry of election finance every ten days.
Senate Status: Referred to Senate State & Local Government.
House Status: Referred to House State & Local Government.
SB 3323 Berke
HB 3653 Stewart M.
Printing of paper ballots by county. Establishes that each county is required to print a number of paper ballots equal to 104 percent of the number of registered voters under the Tennessee Voter Confidence Act. Allows a county election commission to petition the state election commission if that number of ballots is deemed excessive under certain circumstances.
Senate Status: Referred to Senate State & Local Government.
House Status: Referred to House State & Local Government.
SB 3334 Herron
HB 3692 Odom
Funding for implementation of TN Voter Confidence Act. Specifies that the state, not the counties, will fund the Tennessee Voter Confidence Act.
Senate Status: Referred to Senate State & Local Government.
House Status: Referred to House State & Local Government.
SB 3340 McNally
HB 3551 Maddox
Sales tax on single articles. Removes the limitation on the state and local option sales tax for sales of single articles, resulting in application of full state and local tax.
Senate Status: Referred to Senate Finance, Ways & Means.
House Status: Referred to House Finance Budget Subcommittee.
SB 3371 Marrero B
HB 3184 Turner M.
TN Taxpayer Equality Act of 2010. Enacts the "Tennessee Taxpayer Equality Act of 2010." Requires the joint select committee on business taxes to review and assesses all tax exemptions to determine their continued feasibility and necessity. Requires the chair of the committee, prior to June 30, 2013, to cause to be prepared legislation that would repeal certain tax exemptions.
Senate Status: Referred to Senate Finance, Ways & Means.
House Status: Referred to House Finance Budget Subcommittee.
SB 3392 Finney L.
HB 3456 Odom
Purging voter registrations. Requires voter registrations that are considered inactive to only be purged in the second year after a federal census of population has been taken.
Senate Status: Referred to Senate State & Local Government.
House Status: Referred to House State & Local Government.
SB 3452 Yager
HB 3481 Ferguson
Study on collection of sales tax from Internet purchases. Directs the department of revenue to study benefits and potential hurdles to collecting sales tax on all Internet sales and report to finance, ways and means committees of the house and senate by December 15, 2010.
Senate Status: Referred to Senate Finance, Ways & Means.
House Status: Referred to House Finance Budget Subcommittee.
SB 3483 Ramsey
HB 2884 Mumpower
Increased inheritance tax exemption. Increases the inheritance tax exemption for decedents dying in 2012 $100,000 dollars per year until the exemption amount equals $3.5 million dollars.
Senate Status: Referred to Senate Finance, Ways & Means.
House Status: Referred to House Finance Budget Subcommittee.
SB 3488 Ramsey R.
HB 3744 Mumpower
Hall income tax exemption. Increases the Hall income tax exemption for taxpayers 65 years of age or older in the amount of $10,000 annually beginning January 1, 2012.
Senate Status: Referred to Senate Finance, Ways & Means.
House Status: Introduced 2/4/2010
SB 3507 Burks
HB 3616 Winningham
Contracts with director of schools. Allows the employment of a director of schools with a written contract that shall not extend longer than 12 months after the next regularly scheduled board of education election and then may be renewed.
Senate Status: Referred to Senate Education.
House Status: Referred to House Education K-12 Subcommittee.
SB 3551 Ketron
HB 3634 Todd
Membership of advisory committee on open government. Adds two members to the advisory committee on open government for a term of four years including a member from the Tennessee Association of Chiefs of Police and a member from the Tennessee Sheriffs' Association.
Senate Status: Set for Senate State & Local Government Committee 02/10/2010.
House Status: Referred to House Local Government Subcommittee.
SB 3594 Ketron
HB 3639 Todd
Adds member to advisory committee on open government. Changes from 10 to 11 the number of members on the advisory committee on open government by adding a law enforcement member to such committee who is a member of either the Tennessee sheriffs' association or the Tennessee Association of Chiefs of Police.
Senate Status: Set for Senate State & Local Government Committee 02/10/2010.
House Status: Set for House Local Government Subcommittee 02/10/2010.
SB 3633 Tate
HB 3715 Hardaway
Prohibits foreign corporations from funding elections. Prohibits campaign and party contributions for elections from executive officers or other representatives of any foreign corporation. Establishes that foreign corporation campaign contribution is a Class A misdemeanor.
Senate Status: Referred to Senate State & Local Government.
House Status: Referred to House Elections Subcommittee.
SB 3646 Black
HB 3766 Lynn
Incremental phase-out of inheritance tax. Phases out the inheritance tax by incrementally reducing the amount of the tax each year until tax is completely phased out for decedents dying in 2013 and thereafter.
Senate Status: Referred to Senate Finance, Ways & Means.
House Status: Introduced 2/4/2010
SB 3648 Crowe
HB 3893 Hill
Exempts nonprofit organization from sales tax on food. Exempts nonprofit organizations from sales tax on food, prepared food, and tickets to certain events that include the provision of food for up to 24 events per year.
Senate Status: Referred to Senate Finance, Ways & Means.
House Status: House companion bill introduced.
SB 3664 Tate
HB 3714 Hardaway
Business not in state barred from funding candidate in TN. Prohibits corporations domicile outside the state or not doing any business within this state to contribute to a campaign fund in the state of Tennessee.
Senate Status: Referred to Senate State & Local Government.
House Status: Referred to House Elections Subcommittee.
SB 3672 Tate
HB 3713 Hardaway
Campaign finance regarding judicial elections. Classifies any executive officer or other representative of any corporation donating funds for the election of any judicial office as a Class B misdemeanor.
Senate Status: Referred to Senate State & Local Government.
House Status: Introduced 2/1/2010
SB 3797 Marrero B
Prohibits corporations from influencing elections. Prohibits corporations not residing or not doing business within the state from using their funds to influence any public office elections.
Senate Status: Referred to Senate State & Local Government.
SB 3798 Marrero B
Corporations influencing judicial elections. Establishes that a corporation who uses funds to influence a judicial election has committed a Class B misdemeanor.
Senate Status: Referred to Senate State & Local Government.
SB 3884 Burchett
HB 3852 Niceley
Open chamber of commerce meetings - broad caption. Requires that any meetings and documents of a local chamber of commerce or similar membership organization receiving state or federal funding be open to the public. (Broadly Captioned)
Senate Status: Referred to Senate State & Local Government.
House Status: Introduced 2/4/2010
SB 3894 Haynes J.
HB 3764 Odom
Report on use of HAVA funds. Requires the secretary of state to provide an annual report to the general assembly on the use of federal Help America Vote Act funds.
Senate Status: Referred to Senate State & Local Government.
House Status: Introduced 2/4/2010
SJR 0682 Beavers
Legislative process for increases in appropriations. Proposes a constitutional amendment to require a two-thirds vote by both the senate and the house of representatives in order to approve legislation that seeks an increase in appropriations in excess of the Copeland spending cap for any fiscal year.
Senate Status: Set for Senate Judiciary Committee 02/09/2010.
SJR 0715 McNally
Prohibiting of unfunded federal mandates. Requests Congress to submit to the states for ratification an amendment to the US Constitution prohibiting unfunded federal mandates and programs except during declared fiscal emergency.
Senate Status: Introduced 1/20/2010
HJR 0782 Evans
Constitutional amendment - restrict revenue spending rate. Proposes an amendment to Article II, Section 24, of the TN Constitution, relative to governmental fiscal responsibility. Establishes a Constitutional Spending Limitation, defined as total state tax revenue expenditures for FY in which this amendment is ratified plus the estimated rate of growth of the state's economy for each FY following, to restrict the rate of growth of state tax revenue expenditures. Imposes certain requirements for enactments of the general assembly that mandate increased expenditures by cities or counties.
House Status: Referred to House Finance Budget Subcommittee.